Certain Orange Juice From Brazil: Notice of Rescission of Antidumping Duty Administrative Review, 30504-30505 [2012-12512]
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mstockstill on DSK4VPTVN1PROD with NOTICES
30504
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
of the Department’s regulations, a notice
of the initiation of a circumvention
inquiry issued under section 351.225(e)
of the Department’s regulations includes
a description of the product that is the
subject of the circumvention inquiry—
uncovered innerspring units that
contain the characteristics as provided
in the scope of the Order, and an
explanation of the reasons for the
Department’s decision to initiate a
circumvention inquiry, as provided
below.
With regard to whether the
merchandise from the Malaysia is of the
same class or kind as the merchandise
produced in the PRC, Petitioner has
presented information to the
Department indicating that, pursuant to
section 781(b)(1)(A) of the Act, the
merchandise being produced in and/or
exported from Malaysia by Reztec may
be of the same class or kind as
uncovered innerspring units produced
in the PRC, which is subject to the
Order. Consequently, the Department
finds that Petitioner has provided
sufficient information in its request
regarding the class of kind of
merchandise to support the initiation of
a circumvention inquiry.
With regard to completion or
assembly of merchandise in a foreign
country, pursuant to section 781(b)(1)(B)
of the Act, Petitioner has also presented
information to the Department
indicating that the uncovered
innerspring units exported from
Malaysia to the United States are
assembled by Reztec in Malaysia using
key components from the PRC that
account for a significant portion of the
total costs related to the production of
uncovered innerspring units. We find
that the information presented by
Petitioner regarding this criterion
supports its request to initiate a
circumvention inquiry.
The Department finds that Petitioner
sufficiently addressed the factors
described in section 781(b)(1)(C) and
781(b)(2) of the Act regarding whether
the assembly or completion of
uncovered innerspring units in the
Malaysia is minor or insignificant.
Specifically, in support of its argument,
Petitioner relied on its own experience
and surrogate values from the less-thanfair-value investigation. Thus, we find
that the information presented by
Petitioner supports their request to
initiate a circumvention inquiry. In
particular, we find that Petitioner’s
submission asserts that: (1) Little
investment has been made by Reztec in
its uncovered innerspring unit
operations in Malaysia; (2) Reztec has
fully integrated production facilities in
the PRC, and therefore, research and
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17:00 May 22, 2012
Jkt 226001
development presumably takes place in
the PRC rather than the Malaysia; (3) the
assembly or completion of key
uncovered innerspring unit components
in Malaysia does not alter the
fundamental characteristics of the
uncovered innerspring unit, nor does it
remove it from the scope of the Order;
(4) Reztec has a lower investment level
than other companies that produce
uncovered innerspring units; and (5)
further assembly or completion of key
uncovered innerspring unit components
in Malaysia adds little value to the
merchandise imported to the United
States. Our analysis will focus on
Reztec’s assembly operations in the
Malaysia and, in the context of this
proceeding, we will closely examine the
manner in which this company’s
processing materials are obtained,
whether those materials are considered
subject to the scope of the Order, and
the extent of processing in Malaysia, as
well as the manner in which production
and sales relationships are conducted
with the alleged PRC suppliers.
With respect to the value of the
merchandise produced in the PRC,
pursuant to section 781(b)(1)(D) of the
Act, Petitioner relied on its own
production experience in the PRC and
arguments in the ‘‘minor or insignificant
process’’ portion of its circumvention
request to indicate that the value of the
key components produced in the PRC
may be significant relative to the total
value of the finished uncovered
innerspring units exported to the United
States. We find that this information
adequately meets the requirements of
this factor, as discussed above, for the
purposes of initiating a circumvention
inquiry.
Finally, with respect to the additional
factors listed under section 781(b)(3) of
the Act, we find that imports of
uncovered innerspring units from
Malaysia has increased steadily since
the imposition of the Order and that
imports of uncovered innerspring units
and key components from the PRC to
Malaysia also have increased since the
Order took effect.
In accordance with section
351.225(l)(2) of the Department’s
regulations, if the Department issues a
preliminary affirmative determination,
we will then instruct U.S. Customs and
Border Protection to suspend
liquidation and require a cash deposit of
estimated duties on the merchandise.
This circumvention inquiry covers
Reztec. If, within sufficient time, the
Department receives a formal request
from an interested party regarding
potential circumvention of the Order by
other Malaysian companies, we will
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consider conducting additional
inquiries concurrently.
The Department will establish a
schedule for questionnaires and
comments on the issues. In accordance
with section 351.225(f)(5) of the
Department’s regulations, the
Department intends to issue its final
determination within 300 days of the
date of publication of this initiation, in
accordance with section 781(f) of the
Act. This notice is published in
accordance with section 351.225(f) of
the Department’s regulations.
Dated: May 17, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–12508 Filed 5–22–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–840]
Certain Orange Juice From Brazil:
Notice of Rescission of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Blaine Wiltse,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3874 or
(202) 482–6345, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 1, 2012, the Department of
Commerce (the Department) published
in the Federal Register a notice of
‘‘Opportunity to Request Administrative
Review’’ of the antidumping duty order
on certain orange juice (OJ) from Brazil
for a period of review (POR) of March
1, 2011, through February 29, 2012.1
On March 30, 2012, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.213(b), the Department received a
timely request from Southern Gardens
Citrus Processing Corporation (Southern
Gardens), a domestic interested party, to
conduct an administrative review of the
sales of the following companies:
Citrovita Agro Industrial Ltd. (Citrovita);
Coinbra-Frutesp S.A. (Coinbra Frutesp);
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 77 FR 12559
(Mar. 1, 2012).
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Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
Fischer S.A. Comercio, Industria and
Agricultura (Fischer); Montecitrus
Trading S.A. (Montecitrus); and
Sucocitrico Cutrale Ltda. (Cutrale).
Southern Gardens was the only party to
request this administrative review.
On April 13, 2012, the International
Trade Commission determined that
revocation of the antidumping duty
order on OJ from Brazil would not be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time, pursuant to
section 751(c) of the Act. Therefore, on
April 20, 2012, the Department revoked
the antidumping duty order on OJ from
Brazil effective March 9, 2011.2
On April 30, 2012, the Department
published in the Federal Register a
notice of initiation of an administrative
review of the antidumping duty order
on OJ from Brazil with respect to
Citrovita, Coinbra Frutesp, Cutrale,
Fischer, and Montecitrus.3 As a result of
the revocation of the antidumping duty
order, the POR of this administrative
review is March 1, 2011, through March
8, 2011. Id.
On May 11, 2012, Southern Gardens
timely withdrew its request for reviews
of Citrovita, Coinbra Frutesp, Cutrale,
Fischer, and Montecitrus.
mstockstill on DSK4VPTVN1PROD with NOTICES
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of notice
of initiation of the requested review.
Southern Gardens withdrew its request
for review before the 90-day deadline,
and no other party requested an
administrative review of the
antidumping duty order on OJ from
Brazil for the POR. Therefore, in
response to Southern Garden’s
withdrawal of its request for review, and
pursuant to 19 CFR 351.213(d)(1), the
Department is rescinding in whole the
administrative review of the
antidumping duty order on OJ from
Brazil for the period March 1, 2011,
through March 8, 2011.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. Antidumping duties
2 See Revocation of Antidumping Duty Order:
Certain Orange Juice From Brazil, 77 FR 23659
(Apr. 20, 2012).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 25401 (Apr.
30, 2012).
VerDate Mar<15>2010
17:00 May 22, 2012
Jkt 226001
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
Notification to Importers
This notice serves as the only
reminder to importers of their
responsibility, under 19 CFR
351.402(f)(2), to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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.
This notice is published in
accordance with section 777(i)(1) of the
Act, and 19 CFR 351.213(d)(4).
Dated: May 16, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–12512 Filed 5–22–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Cornell University, et al.; Notice of
Decision on Applications for Duty-Free
Entry of Scientific Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. 106–36; 80 Stat. 897; 15 CFR part
301). Related records can be viewed
between 8:30 a.m. and 5:00 p.m. in
Room 3720, U.S. Department of
PO 00000
Frm 00009
Fmt 4703
Sfmt 9990
30505
Commerce, 14th and Constitution Ave.
NW., Washington, DC
Docket Number: 12–011. Applicant:
Cornell University, Ithaca, NY 14853.
Instrument: Pixel Array Detector.
Manufacturer: Dectris Ltd., Switzerland.
Intended Use: See notice at 77 FR
23660, April 20, 2012. Comments: None
received. Decision: Approved. We know
of no instruments of equivalent
scientific value to the foreign
instruments described below, for such
purposes as this is intended to be used,
that was being manufactured in the
United States at the time of order.
Reasons: This instrument will be used
to determine the composition of
molecules and visualizing their
interaction sat the molecular level.
Pertinent characteristics of this
instrument include shutterless data
collection, low noise, high dynamic
range, high readout speed and very fine
phi slicing, not available in
conventional charge-coupled device
detectors.
Docket Number: 12–017. Applicant:
Argonne National Laboratory, Lemont,
IL 60439. Instrument: Pilatus 100K–S
Detector. Manufacturer: Dectris Ltd.,
Switzerland. Intended Use: See notice at
77 FR 23660, April 20, 2012.
Comments: None received. Decision:
Approved. We know of no instruments
of equivalent scientific value to the
foreign instruments described below, for
such purposes as this is intended to be
used, that was being manufactured in
the United States at the time of order.
Reasons: This instrument will be used
to measure time evolution of x-ray
diffraction signals from a variety of
materials, including complex oxides
and to determine the time-dependent
atomic arrangements in those materials.
Pertinent characteristics of this
instrument include photon energy
discrimination and gateable counting.
The instrument also has a faster readout
speed and better dynamic range than
other detectors.
Dated: May 16, 2012.
Gregory W. Campbell,
Director, Subsidies Enforcement Office,
Import Administration.
[FR Doc. 2012–12577 Filed 5–22–12; 8:45 am]
BILLING CODE 3510–DS–P
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23MYN1
Agencies
[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30504-30505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12512]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-840]
Certain Orange Juice From Brazil: Notice of Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Blaine Wiltse,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-3874 or (202) 482-6345,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2012, the Department of Commerce (the Department)
published in the Federal Register a notice of ``Opportunity to Request
Administrative Review'' of the antidumping duty order on certain orange
juice (OJ) from Brazil for a period of review (POR) of March 1, 2011,
through February 29, 2012.\1\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 77 FR 12559 (Mar. 1, 2012).
---------------------------------------------------------------------------
On March 30, 2012, in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the
Department received a timely request from Southern Gardens Citrus
Processing Corporation (Southern Gardens), a domestic interested party,
to conduct an administrative review of the sales of the following
companies: Citrovita Agro Industrial Ltd. (Citrovita); Coinbra-Frutesp
S.A. (Coinbra Frutesp);
[[Page 30505]]
Fischer S.A. Comercio, Industria and Agricultura (Fischer); Montecitrus
Trading S.A. (Montecitrus); and Sucocitrico Cutrale Ltda. (Cutrale).
Southern Gardens was the only party to request this administrative
review.
On April 13, 2012, the International Trade Commission determined
that revocation of the antidumping duty order on OJ from Brazil would
not be likely to lead to continuation or recurrence of material injury
to an industry in the United States within a reasonably foreseeable
time, pursuant to section 751(c) of the Act. Therefore, on April 20,
2012, the Department revoked the antidumping duty order on OJ from
Brazil effective March 9, 2011.\2\
---------------------------------------------------------------------------
\2\ See Revocation of Antidumping Duty Order: Certain Orange
Juice From Brazil, 77 FR 23659 (Apr. 20, 2012).
---------------------------------------------------------------------------
On April 30, 2012, the Department published in the Federal Register
a notice of initiation of an administrative review of the antidumping
duty order on OJ from Brazil with respect to Citrovita, Coinbra
Frutesp, Cutrale, Fischer, and Montecitrus.\3\ As a result of the
revocation of the antidumping duty order, the POR of this
administrative review is March 1, 2011, through March 8, 2011. Id.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
25401 (Apr. 30, 2012).
---------------------------------------------------------------------------
On May 11, 2012, Southern Gardens timely withdrew its request for
reviews of Citrovita, Coinbra Frutesp, Cutrale, Fischer, and
Montecitrus.
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of notice of initiation of the requested review. Southern
Gardens withdrew its request for review before the 90-day deadline, and
no other party requested an administrative review of the antidumping
duty order on OJ from Brazil for the POR. Therefore, in response to
Southern Garden's withdrawal of its request for review, and pursuant to
19 CFR 351.213(d)(1), the Department is rescinding in whole the
administrative review of the antidumping duty order on OJ from Brazil
for the period March 1, 2011, through March 8, 2011.
Assessment
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries.
Antidumping duties shall be assessed at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after the date of
publication of this notice in the Federal Register.
Notification to Importers
This notice serves as the only reminder to importers of their
responsibility, under 19 CFR 351.402(f)(2), to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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.
This notice is published in accordance with section 777(i)(1) of
the Act, and 19 CFR 351.213(d)(4).
Dated: May 16, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-12512 Filed 5-22-12; 8:45 am]
BILLING CODE 3510-DS-P