Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Postponement of Preliminary Determination of Antidumping Duty Investigation, 14732-14733 [2012-6023]

Download as PDF 14732 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices review, the cash deposit rate will be the rates listed above; (2) for previously reviewed or investigated companies other than those covered by this review, the cash deposit rate will be the company-specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair-value investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the investigation, the cash deposit rate will be 3.91 percent, the all-others rate established in the less-than-fairvalue investigation. These deposit requirements, when imposed, shall remain in effect until further notice. A. General Issue Comment 1: Treatment of Negative Dumping Margins (Zeroing) B. Company Specific Issues Comment 2: Whether to use Navneet’s Purchase Order Date for its U.S. Sales Comment 3: Whether to Recalculate Navneet’s Imputed Credit Expenses Comment 4: Whether to Adjust Navneet’s Cost of Manufacturing Comment 5: Treatment of Navneet’s Canvassing Expenses as a Direct Selling Expense Comment 6: Whether to make an Excise Tax Adjustment for Navneet Comment 7: Whether to Modify Navneet’s Cost Calculation Data 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 and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed. [A–570–979] mstockstill on DSK4VPTVN1PROD with NOTICES Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 5, 2012. Paul Piquado, Assistant Secretary for Import Administration. APPENDIX I List of Comments in the Accompanying Issues and Decision Memorandum: VerDate Mar<15>2010 18:29 Mar 12, 2012 Jkt 226001 [FR Doc. 2012–6082 Filed 3–12–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Postponement of Preliminary Determination of Antidumping Duty Investigation Import Administration, International Trade Administration, Department of Commerce. DATES: March 13, 2012. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Drew Jackson, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–2769 or (202) 482– 4406, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Postponement of Preliminary Determination On November 16, 2011, the Department of Commerce (‘‘Department’’) published a notice of initiation of an antidumping duty investigation of crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic of China.1 The period of investigation is April 1, 2011, through September 30, 2011. The notice of initiation stated that, unless postponed, the Department would issue its preliminary determination for this investigation no later than 140 days after the date of the initiation in 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Initiation of Antidumping Duty Investigation, 76 FR 70960 (November 16, 2011). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 accordance with section 773(b)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.205(b)(1). The preliminary determination of the antidumping duty investigation is currently due no later than March 27, 2012. On March 2, 2012, SolarWorld Industries America Inc. (‘‘Petitioner’’), made a timely request pursuant to section 733(c)(1) of the Act and 19 CFR 351.205(b)(2) and (e) for postponement of the preliminary determination in this investigation.2 Petitioner requested a 30day postponement of the preliminary determination in order to provide the Department with sufficient time to review the questionnaire responses and issue appropriate requests for clarification and additional information. Sections 733(c)(1)(B)(i) and (ii) of the Act permit the Department to extend the time limits for the preliminary determination if it concludes that the parties concerned are cooperating and determines that the case is extraordinarily complicated by reason of the number and complexity of the transactions to be investigated or adjustments to be considered, the novelty of issues presented, or the number of firms whose activities must be investigated, and additional time is necessary to make the preliminary determination. The Department may postpone making the preliminary determination under section 733(c)(1)(B) of the Act until not later than the 190th day after the date on which the administering authority initiates an investigation under section 732(c) of the Act, or an investigation is initiated under section 732(a) of the Act.3 The Department has concluded that the parties concerned are cooperating with the antidumping duty investigation and the nature of this case is extraordinarily complicated. Since the initiation of this investigation, the mandatory respondents filed timely, extensive questionnaire and supplemental questionnaire responses. Further, the instant investigation involves a technologically sophisticated product that is manufactured through a complex, multi-stage production process using numerous factors of production (‘‘FOP’’). Accordingly, the methodology employed to report FOP data is inherently complex. Moreover, additional time is necessary in order to 2 See Letter from Petitioner to the Secretary of Commerce, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Request to Extend Preliminary Determination in Antidumping Duty Investigation,’’ dated March 2, 2012. 3 See generally section 733(c)(1)(B) of the Act. E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices issue the preliminary determination. For the forgoing reasons, the Department determines that this investigation in extraordinarily complicated within the meaning of section 733(c)(1)(B)(i) of the Act and that a full extension of the preliminary determination is necessary. Accordingly, in accordance with section 733(c)(1) of the Act, we are fully extending the due date for the preliminary determination to no later than 190 days after the day on which the investigation was initiated. Thus the new deadline for issuing the preliminary determination is May 16, 2012. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: March 6, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–6023 Filed 3–12–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–900] Diamond Sawblades and Parts Thereof From the People’s Republic of China: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: March 13, 2012. FOR FURTHER INFORMATION CONTACT: Jerrold Freeman, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0180. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Background On December 6, 2011, the Department of Commerce (the Department) published in the Federal Register the Preliminary Results of the first administrative review covering the antidumping duty order on diamond sawblades and parts thereof from the People’s Republic of China for the period January 23, 2009, through October 31, 2010.1 Subsequent to the Diamond Sawblades and Parts Thereof From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind Review in Part, 76 FR 76135 (December 6, 2011) (Preliminary Results). publication of the Preliminary Results, the Department extended the deadlines for submission of post-preliminary surrogate values, rebuttal comments and case briefs.2 The final results of the review are currently due no later than April 4, 2012. Extension of Time Limit for Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the final results of an administrative review within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within these time periods, 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 after the date on which the preliminary results are published. We determine that it is not practicable to complete the final results of this review within the original time limit because of the complexity of issues involving the analysis of surrogate value data on the record and because of the additional extensions we have granted, at the request of various parties, to review and submit post-preliminary surrogate value data, case briefs and rebuttal comments. Therefore, we are extending the time period for issuing the final results of this review by 40 days until May 14, 2012. This notice is published in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Dated: March 7, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–6077 Filed 3–12–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–405–803, A–421–811] Purified Carboxymethylcellulose From Finland and the Netherlands: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Reviews Import Administration, International Trade Administration, Department of Commerce. AGENCY: DATES: Effective Date: March 13, 2012. 1 See VerDate Mar<15>2010 18:29 Mar 12, 2012 Jkt 226001 2 See Letters from Minoo Hatten, Program Manager, Office 1, to All Interested Parties dated December 22, 2011, January 24, 2012, and February 2, 2012. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 14733 FOR FURTHER INFORMATION CONTACT: Robert James or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0649 or (202) 482– 3019, respectively. SUPPLEMENTARY INFORMATION: Background On August 26, 2011, the Department of Commerce (the Department) published in the Federal Register the initiation of administrative review of the antidumping duty orders on, inter alia, purified carboxymethylcellulose from Finland and the Netherlands covering the period July 1, 2010, through June 30, 2011. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 76 FR 53404 (August 26, 2011). The current deadline for the preliminary results of these reviews is April 1, 2012. Extension of Time Limits for Preliminary Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires that the Department complete the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days after the last day of the anniversary month of an order for which a review is requested. The Department finds it is not practicable to complete the preliminary results of these reviews within the original time frame because the Department requires additional time to gather and analyze the information submitted on the record. Thus, the Department finds it is not practicable to complete these reviews within the original time limit (i.e., April 1, 2012). Accordingly, the Department is extending the time limit for completion of the preliminary results of these administrative reviews by 120 days (i.e., until July 30, 2012), in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). We intend to issue the final results no later than 120 days after publication of the preliminary results notice. This extension is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14732-14733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6023]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Postponement of 
Preliminary Determination of Antidumping Duty Investigation

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


DATES: March 13, 2012.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Drew Jackson, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
2769 or (202) 482-4406, respectively.

SUPPLEMENTARY INFORMATION:

Postponement of Preliminary Determination

    On November 16, 2011, the Department of Commerce (``Department'') 
published a notice of initiation of an antidumping duty investigation 
of crystalline silicon photovoltaic cells, whether or not assembled 
into modules, from the People's Republic of China.\1\ The period of 
investigation is April 1, 2011, through September 30, 2011. The notice 
of initiation stated that, unless postponed, the Department would issue 
its preliminary determination for this investigation no later than 140 
days after the date of the initiation in accordance with section 
773(b)(1)(A) of the Tariff Act of 1930, as amended (``the Act''), and 
19 CFR 351.205(b)(1). The preliminary determination of the antidumping 
duty investigation is currently due no later than March 27, 2012.
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Initiation of Antidumping Duty Investigation, 76 FR 70960 (November 
16, 2011).
---------------------------------------------------------------------------

    On March 2, 2012, SolarWorld Industries America Inc. 
(``Petitioner''), made a timely request pursuant to section 733(c)(1) 
of the Act and 19 CFR 351.205(b)(2) and (e) for postponement of the 
preliminary determination in this investigation.\2\ Petitioner 
requested a 30-day postponement of the preliminary determination in 
order to provide the Department with sufficient time to review the 
questionnaire responses and issue appropriate requests for 
clarification and additional information.
---------------------------------------------------------------------------

    \2\ See Letter from Petitioner to the Secretary of Commerce, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Request to Extend 
Preliminary Determination in Antidumping Duty Investigation,'' dated 
March 2, 2012.
---------------------------------------------------------------------------

    Sections 733(c)(1)(B)(i) and (ii) of the Act permit the Department 
to extend the time limits for the preliminary determination if it 
concludes that the parties concerned are cooperating and determines 
that the case is extraordinarily complicated by reason of the number 
and complexity of the transactions to be investigated or adjustments to 
be considered, the novelty of issues presented, or the number of firms 
whose activities must be investigated, and additional time is necessary 
to make the preliminary determination. The Department may postpone 
making the preliminary determination under section 733(c)(1)(B) of the 
Act until not later than the 190th day after the date on which the 
administering authority initiates an investigation under section 732(c) 
of the Act, or an investigation is initiated under section 732(a) of 
the Act.\3\
---------------------------------------------------------------------------

    \3\ See generally section 733(c)(1)(B) of the Act.
---------------------------------------------------------------------------

    The Department has concluded that the parties concerned are 
cooperating with the antidumping duty investigation and the nature of 
this case is extraordinarily complicated. Since the initiation of this 
investigation, the mandatory respondents filed timely, extensive 
questionnaire and supplemental questionnaire responses. Further, the 
instant investigation involves a technologically sophisticated product 
that is manufactured through a complex, multi-stage production process 
using numerous factors of production (``FOP''). Accordingly, the 
methodology employed to report FOP data is inherently complex. 
Moreover, additional time is necessary in order to

[[Page 14733]]

issue the preliminary determination. For the forgoing reasons, the 
Department determines that this investigation in extraordinarily 
complicated within the meaning of section 733(c)(1)(B)(i) of the Act 
and that a full extension of the preliminary determination is 
necessary.
    Accordingly, in accordance with section 733(c)(1) of the Act, we 
are fully extending the due date for the preliminary determination to 
no later than 190 days after the day on which the investigation was 
initiated. Thus the new deadline for issuing the preliminary 
determination is May 16, 2012.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: March 6, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-6023 Filed 3-12-12; 8:45 am]
BILLING CODE 3510-DS-P
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