Certain Polyester Staple Fiber from the People's Republic of China: Extension of Preliminary Results of Antidumping Duty Administrative Review, 19619-19620 [2012-7849]

Download as PDF Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices factual submissions in any proceeding segments initiated on or after March 14, 2011, if the submitting party does not comply with the revised certification requirements. These initiations and this notice are in accordance with section 751(a)(1) of the Act and 19 CFR 351.221(c)(1)(i) and (f)(2)(i). Dated: March 28, 2012. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–7874 Filed 3–30–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–809] Notice of Extension of Time Limit for the Preliminary Results of Administrative Review of the Suspension Agreement on Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Extension of Time Limit for the Preliminary Results of Administrative Review of the Suspension Agreement on Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation. AGENCY: The Department of Commerce (the Department) is extending the time limit for the preliminary results of the administrative review of the Agreement Suspending the Antidumping Investigation on Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation (the Agreement). DATES: Effective Date: April 2, 2012. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Anne D’Alauro, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482–0162 or (202) 482–4830. Extension of Preliminary Results: The Department published its notice of initiation of this review in the Federal Register on August 26, 2011. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 76 FR 53404 (August 26, 2011). Pursuant to the time limits for administrative reviews set forth in section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Tariff Act), mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:42 Mar 30, 2012 Jkt 226001 the current deadlines are April 2, 2012, for the preliminary results and July 31, 2012, for the final results. Section 751(a)(3)(A) of the Tariff Act provides that, if it is not practicable to complete the review within these time limits, the Department may extend the time limit for completion of the preliminary results by 120 days. The Department finds that it is not practicable to complete the preliminary results by April 2, 2012. In this administrative review, in accordance with section 751(a)(1)(C) of the Tariff Act, the Department is reviewing both the status of, and compliance with, the Agreement. Because domestic interested parties have raised the complex issue of whether the Agreement is fulfilling its statutory requirement to prevent price undercutting and suppression of domestic hot-rolled steel prices, the Department needs additional time to complete its preliminary analysis in this administrative review of the Agreement. The Department must carefully consider the information submitted by the respondent and domestic interested parties in this review and must address the issues raised in the context of this administrative review. Therefore, the Department is extending the time limit for completing the preliminary results of the review until May 24, 2012. The deadline for the final results of this review will continue to be 120 days after publication of the preliminary results. This extension is published in accordance with section 751(a)(3)(A) of the Tariff Act. Dated: March 27, 2012. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2012–7861 Filed 3–30–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–905] Certain Polyester Staple Fiber from the People’s Republic of China: Extension of Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is extending the time limit for the preliminary results of the administrative review of certain polyester staple fiber from the People’s Republic of China (‘‘PRC’’). This review AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 19619 covers the period June 1, 2010, through May 31, 2011. DATES: Effective Date: April 2, 2012 FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0116. Background On July 28, 2011, the Department published a notice of initiation of the administrative review of the antidumping duty order on certain polyester staple fiber from the PRC.1 On February 9, 2012 the Department partially extended the deadline for the preliminary results of this review to April 2, 2012.2 Statutory Time Limits In antidumping duty administrative reviews, section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary results are published. However, 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 preliminary determination to a maximum of 365 days after the last day of the anniversary month. Extension of Time Limit for Preliminary Results of Review We determine that it is not practicable to complete the preliminary results of this administrative review within the original time limit because the Department requires additional time to analyze questionnaire responses and evaluate surrogate value submissions for purposes of the preliminary results. Therefore, the Department is fully extending the time limit for completion of the preliminary results of this administrative review by 90 days. The preliminary results will now be due no later than June 29, 2012. The final 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Requests for Revocations in Part and Deferral of Administrative Reviews, 76 FR 45227 (July 28, 2011). 2 See Certain Polyester Staple Fiber From the People’s Republic of China: Extension of Preliminary Results of Antidumping Duty Administrative Review, 77 FR 6783 (February 9, 2012). E:\FR\FM\02APN1.SGM 02APN1 19620 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices results continue to be due 120 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: March 26, 2012. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–7849 Filed 3–30–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received a request for a new shipper review (NSR) of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (PRC). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating an antidumping duty NSR of Shandong Yinfeng Rare Fungus Co., Ltd. (Yinfeng). The period of review (POR) of this NSR is February 1, 2011, through January 31, 2012. DATES: Effective Date: April 2, 2012. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, 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) 482–6312 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Background On February 19, 1999, the Department published the antidumping duty order on certain preserved mushrooms from the PRC.1 The antidumping duty order on certain preserved mushrooms from the PRC therefore has a February anniversary month. On February 29, 2012, Yinfeng timely filed a request for 1 See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From the People’s Republic of China, 64 FR 8308 (February 19, 1999). VerDate Mar<15>2010 17:42 Mar 30, 2012 Jkt 226001 an NSR. See Letter from Shanghai Yuet Fai Commercial Consulting Co., Ltd., to Secretary of Commerce dated February 29, 2012 (Yingfeng NSR Request). In its request for review, Yinfeng identified itself as both exporter and producer of the subject merchandise. Id., at 1. Pursuant to the requirements set forth in section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(b)(2), Yinfeng certified that: (1) It did not export subject merchandise to the United States during the period of investigation (POI) (see section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i)); (2) since the initiation of the investigation it has never been affiliated with any company that exported subject merchandise to the United States during the POI, including those companies not individually examined during the investigation (see section 751(a)(2)(B)(i)(II) of the Act and19 CFR 351.214(b)(2)(iii)(A)); and (3) its export activities were not controlled by the central government of the PRC (see 19 CFR 351.214(b)(2)(iii)(B)). See Yingfeng NSR Request at 2–3 and Exhibits 2 and 4. Additionally, in accordance with 19 CFR 351.214(b)(2)(iv), Yinfeng submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customers in the United States. Id., at 2 and Exhibit 1. Initiation of Review Based on information on the record, and in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(d), we find the request Yinfeng submitted meets the statutory and regulatory requirements for initiation of an NSR. See Memorandum from Mark Flessner to the File through Richard Weible entitled, ‘‘Initiation of AD New Shipper Review: Certain Preserved Mushrooms from the People’s Republic of China (A–570–851),’’ dated March 28, 2012. Accordingly, we are initiating an NSR of the antidumping duty order on certain preserved mushrooms from the PRC produced and exported by Yinfeng. This review covers the period February 1, 2011, through January 31, 2012. We intend to issue the preliminary results of this review no later than 180 days after the date on which this review is initiated, and the final results within 90 days after the date on which we issue the preliminary results. See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(h)(i). In cases involving non-market economies, the Department requires that a company seeking to establish eligibility for an antidumping duty rate PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities.2 Accordingly, we will issue a questionnaire to Yinfeng that will include a separate rates section. This review will proceed if the response provides sufficient indication that Yinfeng is not subject to either de jure or de facto government control with respect to its exports of preserved mushrooms. However, if Yinfeng does not demonstrate eligibility for a separate rate, it will be deemed not to have met the requirements of section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(2)(b)(i) and therefore not separate from the PRC-wide entity; we will rescind the NSR accordingly.3 Upon initiation, we shall direct U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of subject merchandise produced and exported by Yinfeng. We shall instruct CBP to allow (at the option of the importer) the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for certain entries of the subject merchandise produced and exported by Yinfeng in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Yinfeng certified that it both produced and exported the subject merchandise, the sales of which form the basis for its NSR request, we shall instruct CBP to permit the use of a bond only for entries of subject merchandise where Yinfeng acted both as producer and exporter. To assist in its analysis of the bona fides of Yinfeng’s sales, upon initiation of this NSR, the Department will require Yinfeng to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to business proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify 2 See, generally, Wooden Bedroom Furniture from the People’s Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews, 75 FR 72794, 72796 (November 26, 2010), unchanged in Wooden Bedroom Furniture from the People’s Republic of China: Final Results of Antidumping Duty New Shipper Reviews, 76 FR 9747 (February 22, 2011). 3 See Certain Preserved Mushrooms from the People’s Republic of China: Notice of Initiation of Antidumping Duty New Shipper Reviews, 75 FR 62108, 62108 (October 7, 2010). E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19619-19620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7849]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber from the People's Republic of 
China: Extension of Preliminary Results of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is extending the 
time limit for the preliminary results of the administrative review of 
certain polyester staple fiber from the People's Republic of China 
(``PRC''). This review covers the period June 1, 2010, through May 31, 
2011.

DATES: Effective Date: April 2, 2012

FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0116.

Background

    On July 28, 2011, the Department published a notice of initiation 
of the administrative review of the antidumping duty order on certain 
polyester staple fiber from the PRC.\1\ On February 9, 2012 the 
Department partially extended the deadline for the preliminary results 
of this review to April 2, 2012.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, Requests for Revocations in Part and 
Deferral of Administrative Reviews, 76 FR 45227 (July 28, 2011).
    \2\ See Certain Polyester Staple Fiber From the People's 
Republic of China: Extension of Preliminary Results of Antidumping 
Duty Administrative Review, 77 FR 6783 (February 9, 2012).
---------------------------------------------------------------------------

Statutory Time Limits

    In antidumping duty administrative reviews, section 751(a)(3)(A) of 
the Tariff Act of 1930, as amended (``the Act''), requires the 
Department to make a preliminary determination within 245 days after 
the last day of the anniversary month of an order for which a review is 
requested and a final determination within 120 days after the date on 
which the preliminary results are published. However, 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 preliminary determination to a maximum of 365 days after the 
last day of the anniversary month.

Extension of Time Limit for Preliminary Results of Review

    We determine that it is not practicable to complete the preliminary 
results of this administrative review within the original time limit 
because the Department requires additional time to analyze 
questionnaire responses and evaluate surrogate value submissions for 
purposes of the preliminary results. Therefore, the Department is fully 
extending the time limit for completion of the preliminary results of 
this administrative review by 90 days. The preliminary results will now 
be due no later than June 29, 2012. The final

[[Page 19620]]

results continue to be due 120 days after the publication of the 
preliminary results.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(3)(A) and 777(i) of the Act.

    Dated: March 26, 2012.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2012-7849 Filed 3-30-12; 8:45 am]
BILLING CODE 3510-DS-P

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