Artist Canvas From the People's Republic of China: Continuation of the Antidumping Duty Order, 69704-69705 [2011-29049]
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69704
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Notices
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
Background
On September 29, 2010, the U.S.
Department of Commerce (Department)
published a notice of initiation of the
administrative review of the
antidumping duty order on corrosionresistant carbon steel flat products from
Korea, covering the period August 1,
2009, to July 31, 2010. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, 75 FR 60076
(September 29, 2010).
On September 6, 2011, the
Department published the preliminary
results of this review. See Certain
Corrosion-Resistant Carbon Steel Flat
Products From the Republic of Korea:
Preliminary Results of the Seventeenth
Antidumping Duty Administrative
Review, 76 FR 55004 (September 6,
2011). The final results of this review
are currently due no later than January
4, 2012.
emcdonald on DSK5VPTVN1PROD with NOTICES
Extension of Time Limit of the Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to issue the final results
of a review within 120 days after the
date on which the preliminary results
are published. However, if it is not
practicable to complete the review
within that time period, section
751(a)(3)(A) of the Act allows the
Department to extend the time limit for
the final results to a maximum of 180
days. See also 19 CFR 351.213(h)(2).
We determine that it is not practicable
to complete the final results of this
review within the original time limit
because additional time is needed to
gather and analyze a significant amount
of information pertaining to the
company requesting revocation. Also,
given the number and complexity of
issues in this case, the Department is
fully extending the time limit for the
final results. The final results are now
due no later than March 4, 2012. As that
day falls on a Sunday, the final results
are due no later than March 5, 2012. See
Notice of Clarification: Application of
‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines
Pursuant of the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
This extension is in accordance with
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2). This notice is
published pursuant to sections 751(a)(1)
and 777(i)(1) of the Act.
VerDate Mar<15>2010
18:04 Nov 08, 2011
Jkt 226001
Dated: November 3, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011–29056 Filed 11–8–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Scope of the Order
[A–570–899]
Artist Canvas From the People’s
Republic of China: Continuation of the
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (‘‘Department’’) and the
International Trade Commission (‘‘ITC’’)
that revocation of the antidumping duty
order on artist canvas from the People’s
Republic of China (‘‘PRC’’) would likely
lead to a continuation or recurrence of
dumping and material injury to an
industry in the United States, the
Department is publishing a notice of
continuation of the antidumping duty
order.
DATES: Effective Date: November 9,
2011.
FOR FURTHER INFORMATION CONTACT:
Brooke Kennedy or Eugene Degnan, AD/
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3818 or (202) 482–
0414, respectively.
SUPPLEMENTARY INFORMATION: On May 2,
2011, the Department initiated the first
sunset review of the antidumping duty
order on artist canvas from the PRC
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘Act’’). See
Initiation of Five-Year (‘‘Sunset’’)
Review, 76 FR 24459 (May 2, 2011)
(‘‘Sunset Initiation’’).
As a result of its review, the
Department determined that revocation
of the antidumping duty order on artist
canvas from the PRC would likely lead
to a continuation or recurrence of
dumping and, therefore, notified the ITC
of the magnitude of the margins likely
to prevail should the order be revoked.
See Artist Canvas from the People’s
Republic of China: Final Results of the
Expedited First Sunset Review of the
Antidumping Duty Order, 76 FR 55351
(September 7, 2011). On October 12,
2011, the ITC determined, pursuant to
AGENCY:
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Frm 00005
section 751(c) of the Act, that revocation
of the antidumping duty order on artist
canvas from the PRC would likely lead
to a continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time. See USITC Publication
4273 (October 2011), Artist Canvas from
China: Investigation No. 731–TA–1091
(First Review), and Artist Canvas from
China, 76 FR 67208 (October 31, 2011).
Fmt 4703
Sfmt 4703
The products covered by this order
are artist canvases regardless of
dimension and/or size, whether
assembled or unassembled, that have
been primed/coated, whether or not
made from cotton, whether or not
archival, whether bleached or
unbleached, and whether or not
containing an ink receptive top coat.
Priming/coating includes the
application of a solution, designed to
promote the adherence of artist
materials, such as paint or ink, to the
fabric. Artist canvases (i.e., prestretched canvases, canvas panels,
canvas pads, canvas rolls (including
bulk rolls that have been primed),
printable canvases, floor cloths, and
placemats) are tightly woven prepared
painting and/or printing surfaces. Artist
canvas and stretcher strips (whether or
not made of wood and whether or not
assembled) included within a kit or set
are covered by this proceeding.
Artist canvases subject to this order
are currently classifiable under
subheadings 5901.90.20.00 and
5901.90.40.00 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Specifically excluded from
the scope of this order are tracing cloths,
‘‘paint by number’’ or ‘‘paint-ityourself’’ artist canvases with a
copyrighted preprinted outline, pattern,
or design, whether or not included in a
painting set or kit.1 Also excluded are
stretcher strips, whether or not made
from wood, so long as they are not
incorporated into artist canvases or sold
as part of an artist canvas kit or set.
While the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this proceeding is dispositive.
Additionally, we have determined
that canvas woven and primed in the
India, but cut, stretched and framed in
the PRC and exported from the PRC, are
not subject to the order covering artist
canvas from the PRC.
1 Artist canvases with a non-copyrighted
preprinted outline, pattern, or design are included
in the scope, whether or not included in a painting
set or kit.
E:\FR\FM\09NON1.SGM
09NON1
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Notices
emcdonald on DSK5VPTVN1PROD with NOTICES
Subsequent to the issuance of the
Order, we issued the following scope
rulings:
On April 10, 2008, in response to an
inquiry from Tara Materials, Inc., the
Department ruled that artist canvas that
has been woven, primed with gesso, and
cut to size in the United States and
shipped to the PRC, is excluded from
the scope . See Notice of Scope Rulings,
73 FR 49418 (August 21, 2008).
On May 25, 2009, in response to an
inquiry from C2F, Inc., the Department
ruled that artist canvas that has been
woven and primed in South Korea, then
cut to size and framed in the PRC, and
thereafter imported into the United
States, is excluded from the scope. See
Notice of Scope Rulings, 74 FR 49859
(September 29, 2009).
On July 9, 2009, in response to an
inquiry from Art Supplies Enterprises,
Inc., the Department ruled that artist
canvas that has been woven and primed
in Vietnam, then cut to size and framed
in the PRC, is excluded from the scope.
See Notice of Scope Rulings, 75 FR
14138 (March 24, 2010).
On August 8, 2009, in response to an
inquiry from Art Supplies Enterprises,
Inc., the Department ruled that artist
canvas that has been woven and primed
in India, then cut and framed in the
PRC, is excluded from the scope. See
Notice of Scope Rulings, 75 FR 14138
(March 24, 2010).
On May 13, 2010, in response to an
inquiry from Wuxi Phoenix Artist
Materials Co, Inc., the Department ruled
that artist canvas that is coated and
primed in Vietnam, then cut and framed
in the PRC, is excluded from the scope.
See Notice of Scope Rulings, 75 FR
79339 (December 20, 2010).
On July 19, 2010, in response to an
inquiry from Masterpiece Artist, the
Department ruled that scrapbooking
canvas, which is artist canvas used for
scrapbooking purposes, is included in
the scope.2
Continuation of the Order
As a result of these determinations by
the Department and the ITC that
revocation of the antidumping duty
order on artist canvas would likely lead
to a continuation or recurrence of
dumping and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act, the
Department hereby orders the
continuation of the antidumping order
on artist canvas from the PRC. U.S.
Customs and Border Protection will
continue to collect antidumping duty
cash deposits at the rates in effect at the
2 See Notice of Scope Rulings, 76 FR 10558
(February 25, 2011).
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18:04 Nov 08, 2011
Jkt 226001
time of entry for all imports of subject
merchandise. The effective date of the
continuation of the order will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the
next five-year review of the order not
later than 30 days prior to the fifth
anniversary of the effective date of
continuation.
This five-year (sunset) review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: October 31, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2011–29049 Filed 11–8–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
and Notice of Amended Final Results
of Administrative Review Pursuant to
Court Decision
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 24, 2011, the
United States Court of International
Trade (‘‘CIT’’). sustained the
Department of Commerce’s (‘‘the
Department’’) results of redetermination
pursuant to the CIT’s remand order in
Calgon Carbon Corporation, et al. v.
United States, Consol. Court No. 09–
00524 (February 17, 2011) (‘‘Remand’’).1
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, F.3d, Court No. 2010–
1024, 1090 (Fed. Cir. December 9, 2010)
(‘‘Diamond Sawblades’’), the
Department is notifying the public that
AGENCY:
1 See Final Results Of Redetermination Pursuant
To Court Remand, Court No. 09–00524, dated July
25, 2011, available at: https://www.ia.ita.doc.gov/
remands/ (‘‘Carbon Remand’’). The
previous action, Calgon Carbon Corporation, et al.
v. United States, Court No. 09–00518 was
‘‘deconsolidated’’ which resulted in a caption
change to Hebei Foreign Trade and Advertising
Corporation., et al. v. United States, Court No. 09–
00524 (CIT October 24, 2011) Slip Op. 11–134
(judgment).
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Fmt 4703
Sfmt 4703
69705
the final judgment in this case is not in
harmony with the Department’s final
determination and is amending the final
results of the administrative review of
the antidumping duty order on certain
activated carbon from the People’s
Republic of China (‘‘PRC’’) covering the
period of review (‘‘POR’’) of October 11,
2006 through March 31, 2008, with
respect to the separate rate margin
assigned to Hebei Foreign Trade and
Advertising Corporation (‘‘Hebei
Foreign’’) and the margin assigned to
Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd., and its
affiliate 2 (collectively ‘‘Cherishmet’’).
See First Administrative Review of
Certain Activated Carbon From the
People’s Republic of China: Final
Results, 74 FR 57995 (November 10,
2009) (‘‘Final Results’’) and
accompanying Issues and Decision
Memorandum (‘‘IDM’’) and Certain
Activated Carbon From the People’s
Republic of China: Amended Final
Results of Antidumping Duty
Administrative Review, 74 FR 66952
(December 17, 2009) (‘‘Amended Final
Results’’) (collectively ‘‘AR1 Final
Results’’).
DATES: Effective Date: October 24, 2011.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–9068.
SUPPLEMENTARY INFORMATION: In the first
administrative review of the
antidumping duty order on certain
activated carbon from the PRC, the
Department did not grant Hebei Foreign
a separate rate, stating that record
evidence demonstrated that Hebei
Foreign’s separate rate company
certification was certified by Mr. Wang
Kezhang, who was not employed by
Hebei Foreign, and, therefore, the
Department could not consider the
separate rates certification to have been
properly certified on behalf of the
company in accordance with the filing
requirements of 19 CFR 351.303(g)(1).3
The CIT remanded to the Department to
explain the requirements of 19 CFR
351.303(g)(1) and permit Hebei Foreign
to attempt to find an alternative
individual who fulfills the Department’s
regulatory requirements regarding
certifications if the Department
2 The Department found Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd. and Beijing
Pacific Activated Carbon Products Co., Ltd.
(hereinafter referred to as ‘‘Cherishmet’’) to be
affiliated and a single entity in Final Results at 74
FR 57998.
3 See Final Results IDM at Comment 22.
E:\FR\FM\09NON1.SGM
09NON1
Agencies
[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69704-69705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29049]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-899]
Artist Canvas From the People's Republic of China: Continuation
of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC'') that revocation of the antidumping duty order on artist
canvas from the People's Republic of China (``PRC'') would likely lead
to a continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the antidumping duty order.
DATES: Effective Date: November 9, 2011.
FOR FURTHER INFORMATION CONTACT: Brooke Kennedy or Eugene Degnan, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3818 or (202) 482-0414, respectively.
SUPPLEMENTARY INFORMATION: On May 2, 2011, the Department initiated the
first sunset review of the antidumping duty order on artist canvas from
the PRC pursuant to section 751(c) of the Tariff Act of 1930, as
amended (``Act''). See Initiation of Five-Year (``Sunset'') Review, 76
FR 24459 (May 2, 2011) (``Sunset Initiation'').
As a result of its review, the Department determined that
revocation of the antidumping duty order on artist canvas from the PRC
would likely lead to a continuation or recurrence of dumping and,
therefore, notified the ITC of the magnitude of the margins likely to
prevail should the order be revoked. See Artist Canvas from the
People's Republic of China: Final Results of the Expedited First Sunset
Review of the Antidumping Duty Order, 76 FR 55351 (September 7, 2011).
On October 12, 2011, the ITC determined, pursuant to section 751(c) of
the Act, that revocation of the antidumping duty order on artist canvas
from the PRC would likely lead to a continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time. See USITC Publication 4273 (October 2011), Artist
Canvas from China: Investigation No. 731-TA-1091 (First Review), and
Artist Canvas from China, 76 FR 67208 (October 31, 2011).
Scope of the Order
The products covered by this order are artist canvases regardless
of dimension and/or size, whether assembled or unassembled, that have
been primed/coated, whether or not made from cotton, whether or not
archival, whether bleached or unbleached, and whether or not containing
an ink receptive top coat. Priming/coating includes the application of
a solution, designed to promote the adherence of artist materials, such
as paint or ink, to the fabric. Artist canvases (i.e., pre-stretched
canvases, canvas panels, canvas pads, canvas rolls (including bulk
rolls that have been primed), printable canvases, floor cloths, and
placemats) are tightly woven prepared painting and/or printing
surfaces. Artist canvas and stretcher strips (whether or not made of
wood and whether or not assembled) included within a kit or set are
covered by this proceeding.
Artist canvases subject to this order are currently classifiable
under subheadings 5901.90.20.00 and 5901.90.40.00 of the Harmonized
Tariff Schedule of the United States (``HTSUS''). Specifically excluded
from the scope of this order are tracing cloths, ``paint by number'' or
``paint-it-yourself'' artist canvases with a copyrighted preprinted
outline, pattern, or design, whether or not included in a painting set
or kit.\1\ Also excluded are stretcher strips, whether or not made from
wood, so long as they are not incorporated into artist canvases or sold
as part of an artist canvas kit or set. While the HTSUS subheadings are
provided for convenience and customs purposes, our written description
of the scope of this proceeding is dispositive.
---------------------------------------------------------------------------
\1\ Artist canvases with a non-copyrighted preprinted outline,
pattern, or design are included in the scope, whether or not
included in a painting set or kit.
---------------------------------------------------------------------------
Additionally, we have determined that canvas woven and primed in
the India, but cut, stretched and framed in the PRC and exported from
the PRC, are not subject to the order covering artist canvas from the
PRC.
[[Page 69705]]
Subsequent to the issuance of the Order, we issued the following
scope rulings:
On April 10, 2008, in response to an inquiry from Tara Materials,
Inc., the Department ruled that artist canvas that has been woven,
primed with gesso, and cut to size in the United States and shipped to
the PRC, is excluded from the scope . See Notice of Scope Rulings, 73
FR 49418 (August 21, 2008).
On May 25, 2009, in response to an inquiry from C2F, Inc., the
Department ruled that artist canvas that has been woven and primed in
South Korea, then cut to size and framed in the PRC, and thereafter
imported into the United States, is excluded from the scope. See Notice
of Scope Rulings, 74 FR 49859 (September 29, 2009).
On July 9, 2009, in response to an inquiry from Art Supplies
Enterprises, Inc., the Department ruled that artist canvas that has
been woven and primed in Vietnam, then cut to size and framed in the
PRC, is excluded from the scope. See Notice of Scope Rulings, 75 FR
14138 (March 24, 2010).
On August 8, 2009, in response to an inquiry from Art Supplies
Enterprises, Inc., the Department ruled that artist canvas that has
been woven and primed in India, then cut and framed in the PRC, is
excluded from the scope. See Notice of Scope Rulings, 75 FR 14138
(March 24, 2010).
On May 13, 2010, in response to an inquiry from Wuxi Phoenix Artist
Materials Co, Inc., the Department ruled that artist canvas that is
coated and primed in Vietnam, then cut and framed in the PRC, is
excluded from the scope. See Notice of Scope Rulings, 75 FR 79339
(December 20, 2010).
On July 19, 2010, in response to an inquiry from Masterpiece
Artist, the Department ruled that scrapbooking canvas, which is artist
canvas used for scrapbooking purposes, is included in the scope.\2\
---------------------------------------------------------------------------
\2\ See Notice of Scope Rulings, 76 FR 10558 (February 25,
2011).
---------------------------------------------------------------------------
Continuation of the Order
As a result of these determinations by the Department and the ITC
that revocation of the antidumping duty order on artist canvas would
likely lead to a continuation or recurrence of dumping and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, the Department hereby orders the continuation of
the antidumping order on artist canvas from the PRC. U.S. Customs and
Border Protection will continue to collect antidumping duty cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise. The effective date of the continuation of the
order will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act, the
Department intends to initiate the next five-year review of the order
not later than 30 days prior to the fifth anniversary of the effective
date of continuation.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: October 31, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-29049 Filed 11-8-11; 8:45 am]
BILLING CODE 3510-DS-P