Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment, 67148-67149 [2011-28142]

Download as PDF 67148 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices Graphics Using Sheet-Fed Presses From the People’s Republic of China: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 24892, 24899 (May 6, 2010) (unchanged in Certain Coated Paper Suitable for HighQuality Print Graphics Using Sheet-Fed Presses From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 75 FR 59217 (September 27, 2010)). In the preliminary results, we found that Hengyong and Hongda demonstrated their eligibility for separate rate status. We received no comments from interested parties regarding this determination. In these final results of review, we continue to find the evidence Hengyong and Hongda placed on the record demonstrates an absence of government control, both in law and in fact, with respect to Hengyong and Hongda’s exports of the merchandise under review. Thus, we have determined that Hengyong and Hongda are eligible to receive a separate rate. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our preliminary results, we have made revisions to the margin calculation for Hongda. These changes are discussed in the Hongda Final Results Analysis Memorandum. We made no changes to the calculations for Hengyong. examined sales to the total entered value of those same sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by these reviews if any importer-specific (or customer-specific) assessment rate calculated in the final results of these reviews is above de minimis. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results of NSRs for all shipments of subject merchandise by Hengyong and Hongda entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) For subject merchandise produced by Hengxian and exported by Hengyong, or produced by Haishan and exported by Hongda, the cash deposit rate will be zero; (2) for subject merchandise exported by Hengyong, but not manufactured by Hengxian, or exported by Hongda, but not manufactured by Haishan, the cash deposit rate will continue to be the PRCwide rate (i.e., 198.63 percent); and; (3) for subject merchandise manufactured by Hengxian or Haishan, but exported by any party other than Hengyong or Hongda, respectively, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements will remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant Weighted- entries during this POR. Failure to average Exporter/Manufacturer comply with this requirement could margin result in the Secretary’s presumption (percent) that reimbursement of antidumping Hengyong (exporter)/Hengxian duties occurred and the subsequent (manufacturer) ......................... 0.00 assessment of doubled antidumping Hongda (exporter)/Haishan duties. (manufacturer) ......................... 0.00 Administrative Protective Orders Assessment Rates This notice also serves as a reminder Pursuant to these final results, the to parties subject to administrative Department determined, and CBP shall protective orders (APO) of their assess, antidumping duties on all responsibility concerning the return or appropriate entries. The Department destruction of proprietary information intends to issue assessment instructions disclosed under APO in accordance for Hengyong and Hongda to CBP 15 with 19 CFR 351.305, which continues days after the date of publication of to govern business proprietary these final results of NSRs. Pursuant to information in this segment of the 19 CFR 351.212(b)(1), we calculated proceeding. Timely written notification importer-specific (or customer-specific) of the return/destruction of APO ad valorem duty assessment rates based materials or conversion to judicial on the ratio of the total amount of the protective order is hereby requested. dumping margins calculated for the Failure to comply with the regulations jlentini on DSK4TPTVN1PROD with NOTICES Final Results of Review The Department has determined that the following margins exist for the period February 1, 2010, through July 31, 2010: VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 and terms of an APO is a violation which is subject to sanction. These NSRs and notice are in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: October 24, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–28184 Filed 10–28–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1 through June 30, 2011. DATES: Comments must be submitted within thirty days after publication of this notice. ADDRESSES: Written comments (original and six copies) should be sent to the Secretary of Commerce, Attn: James Terpstra, Import Administration, APO/ Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Ave. NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: James Terpstra, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3965. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 18, 2008, section 805 of Title VIII of the Tariff Act of 1930 (the Softwood Lumber Act of 2008) was enacted into law. Under this provision, the Secretary of Commerce is mandated to submit to the appropriate Congressional committees a report every 180 days on any subsidy provided by countries exporting softwood lumber or softwood lumber products to the United States, including stumpage subsidies. The Department submitted its last subsidy report on June 15, 2011. As part of its newest report, the Department intends to include a list of subsidy E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices programs identified with sufficient clarity by the public in response to this notice. jlentini on DSK4TPTVN1PROD with NOTICES Request for Comments Given the large number of countries that export softwood lumber and softwood lumber products to the United States, we are soliciting public comment only on subsidies provided by countries whose exports accounted for at least one percent of total U.S. imports of softwood lumber by quantity, as classified under Harmonized Tariff Schedule code 4407.1001 (which accounts for the vast majority of imports), during the period January 1 through June 30, 2011. Official U.S. import data published by the United States International Trade Commission Tariff and Trade DataWeb indicate that exports of softwood lumber from Canada and Chile each account for at least one percent of U.S. imports of softwood lumber products during that time period. We intend to rely on similar previous six-month periods to identify the countries subject to future reports on softwood lumber subsidies. For example, we will rely on U.S. imports of softwood lumber and softwood lumber products during the period July 1 through December 31, 2011, to select the countries subject to the next report. Under U.S. trade law, a subsidy exists where a government authority: (i) Provides a financial contribution; (ii) provides any form of income or price support within the meaning of Article XVI of the GATT 1994; or (iii) makes a payment to a funding mechanism to provide a financial contribution to a person, or entrusts or directs a private entity to make a financial contribution, if providing the contribution would normally be vested in the government and the practice does not differ in substance from practices normally followed by governments, and a benefit is thereby conferred. See section 771(5)(B) of the Tariff Act of 1930, as amended. Parties should include in their comments: (1) The country which provided the subsidy; (2) the name of the subsidy program; (3) a brief description (at least 3–4 sentences) of the subsidy program; and (4) the government body or authority that provided the subsidy. Submission of Comment Persons wishing to comment should file a signed original and six copies of each set of comments by the date specified above. The Department will not accept comments accompanied by a request that a part or all of the material be treated confidentially due to business VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 proprietary concerns or for any other reason. The Department will return such comments and materials to the persons submitting the comments and will not include them in its report on softwood lumber subsidies. The Department also requests submission of comments in electronic form to accompany the required paper copies. Comments filed in electronic form should be submitted on CD–ROM with the paper copies or by e-mail to the Webmaster below. Comments received in electronic form will be made available to the public in Portable Document Format (PDF) on the Import Administration Web site at the following address: https://ia.ita.doc.gov. Any questions concerning file formatting, document conversion, access on the Internet, or other electronic filing issues should be addressed to Andrew Lee Beller, Import Administration Webmaster, at (202) 482–0866, e-mail address: webmastersupport@ita.doc.gov. For documents filed in the antidumping and countervailing duty proceedings, the Department only accepts electronic filings through the new IA ACCESS system. However, all comments and submissions in response to this Request for Comment should be mailed to James Terpstra, Import Administration; Subject: Softwood Lumber Subsidies Bi-Annual Report: Request for Comment; Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230, by no later than 5 p.m., on the above-referenced deadline date. Dated: October 24, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–28142 Filed 10–28–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA775 Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2012 Research Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of intent; request for applications. AGENCY: NMFS announces its request for applications for the 2012 shark research fishery from commercial shark SUMMARY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 67149 fishermen with a directed or incidental limited access permit. The shark research fishery allows for the collection of fishery-dependent data for future stock assessments while also allowing NMFS and commercial fishermen to conduct cooperative research to meet the shark research objectives of the Agency. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery permittees may also land non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks. Commercial vessels not participating in the shark research fishery may only land non-sandbar LCS, SCS, and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application in order to be considered. DATES: Shark Research Fishery Applications must be received no later than 5 p.m., local time, on November 30, 2011. ADDRESSES: Please submit completed applications to the HMS Management Division at: • Mail: Attn: Delisse Ortiz, HMS Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910. • Fax: (301) 427–8503 For copies of the Shark Research Fishery Permit Application, please write to the HMS Management Division at the address listed above, call (301) 427– 8503 (phone), or fax a request to (301) 713–1917. Copies of the Shark Research Fishery Application are also available at the HMS Web site at https:// www.nmfs.noaa.gov/sfa/hms/index.htm. Additionally, please be advised your application may be released under the Freedom of Information Act. FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Delisse Ortiz, at (301) 427–8503 (phone) or (301) 713– 1917 (fax). SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Consolidated HMS Fishery Management Plan (FMP) is implemented by regulations at 50 CFR part 635. The final rule for Amendment 2 to the Consolidated HMS FMP (73 FR 35778, June 24, 2008, corrected at 73 FR 40658, July 15, 2008) established, among other things, a shark research fishery to maintain time series data for stock assessments and to meet NMFS’ E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67148-67149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28142]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Subsidy Programs Provided by Countries Exporting Softwood Lumber 
and Softwood Lumber Products to the United States; Request for Comment

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) seeks public comment 
on any subsidies, including stumpage subsidies, provided by certain 
countries exporting softwood lumber or softwood lumber products to the 
United States during the period January 1 through June 30, 2011.

DATES: Comments must be submitted within thirty days after publication 
of this notice.

ADDRESSES: Written comments (original and six copies) should be sent to 
the Secretary of Commerce, Attn: James Terpstra, Import Administration, 
APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street & 
Constitution Ave. NW., Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: James Terpstra, Import Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3965.

SUPPLEMENTARY INFORMATION:

Background

    On June 18, 2008, section 805 of Title VIII of the Tariff Act of 
1930 (the Softwood Lumber Act of 2008) was enacted into law. Under this 
provision, the Secretary of Commerce is mandated to submit to the 
appropriate Congressional committees a report every 180 days on any 
subsidy provided by countries exporting softwood lumber or softwood 
lumber products to the United States, including stumpage subsidies.
    The Department submitted its last subsidy report on June 15, 2011. 
As part of its newest report, the Department intends to include a list 
of subsidy

[[Page 67149]]

programs identified with sufficient clarity by the public in response 
to this notice.

Request for Comments

    Given the large number of countries that export softwood lumber and 
softwood lumber products to the United States, we are soliciting public 
comment only on subsidies provided by countries whose exports accounted 
for at least one percent of total U.S. imports of softwood lumber by 
quantity, as classified under Harmonized Tariff Schedule code 4407.1001 
(which accounts for the vast majority of imports), during the period 
January 1 through June 30, 2011. Official U.S. import data published by 
the United States International Trade Commission Tariff and Trade 
DataWeb indicate that exports of softwood lumber from Canada and Chile 
each account for at least one percent of U.S. imports of softwood 
lumber products during that time period. We intend to rely on similar 
previous six-month periods to identify the countries subject to future 
reports on softwood lumber subsidies. For example, we will rely on U.S. 
imports of softwood lumber and softwood lumber products during the 
period July 1 through December 31, 2011, to select the countries 
subject to the next report.
    Under U.S. trade law, a subsidy exists where a government 
authority: (i) Provides a financial contribution; (ii) provides any 
form of income or price support within the meaning of Article XVI of 
the GATT 1994; or (iii) makes a payment to a funding mechanism to 
provide a financial contribution to a person, or entrusts or directs a 
private entity to make a financial contribution, if providing the 
contribution would normally be vested in the government and the 
practice does not differ in substance from practices normally followed 
by governments, and a benefit is thereby conferred. See section 
771(5)(B) of the Tariff Act of 1930, as amended.
    Parties should include in their comments: (1) The country which 
provided the subsidy; (2) the name of the subsidy program; (3) a brief 
description (at least 3-4 sentences) of the subsidy program; and (4) 
the government body or authority that provided the subsidy.

Submission of Comment

    Persons wishing to comment should file a signed original and six 
copies of each set of comments by the date specified above. The 
Department will not accept comments accompanied by a request that a 
part or all of the material be treated confidentially due to business 
proprietary concerns or for any other reason. The Department will 
return such comments and materials to the persons submitting the 
comments and will not include them in its report on softwood lumber 
subsidies. The Department also requests submission of comments in 
electronic form to accompany the required paper copies. Comments filed 
in electronic form should be submitted on CD-ROM with the paper copies 
or by e-mail to the Webmaster below.
    Comments received in electronic form will be made available to the 
public in Portable Document Format (PDF) on the Import Administration 
Web site at the following address: https://ia.ita.doc.gov. Any questions 
concerning file formatting, document conversion, access on the 
Internet, or other electronic filing issues should be addressed to 
Andrew Lee Beller, Import Administration Webmaster, at (202) 482-0866, 
e-mail address: webmaster-support@ita.doc.gov.
    For documents filed in the antidumping and countervailing duty 
proceedings, the Department only accepts electronic filings through the 
new IA ACCESS system. However, all comments and submissions in response 
to this Request for Comment should be mailed to James Terpstra, Import 
Administration; Subject: Softwood Lumber Subsidies Bi-Annual Report: 
Request for Comment; Room 1870, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC, 20230, by no later 
than 5 p.m., on the above-referenced deadline date.

    Dated: October 24, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-28142 Filed 10-28-11; 8:45 am]
BILLING CODE 3510-DS-P

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