Aluminum Extrusions From the People's Republic of China: Notice of Partial Rescission of Countervailing Duty Administrative Review, 65671-65672 [2012-26661]
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Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices
invited interested parties to comment on
our preliminary rescission of this NSR.
No party submitted comments.
Period of Review
Pursuant to 19 CFR 351.214(g), the
period of review (‘‘POR’’) for this NSR
is the annual period of December 1,
2010, through November 30, 2011.
wreier-aviles on DSK7SPTVN1PROD with NOTICES
Scope of the Order
The merchandise covered by the order
is honey from Argentina. The products
covered are natural honey, artificial
honey containing more than 50 percent
natural honey by weight, preparations of
natural honey containing more than 50
percent natural honey by weight, and
flavored honey. The subject
merchandise includes all grades and
colors of honey whether in liquid,
creamed, comb, cut comb, or chunk
form, and whether packaged for retail or
in bulk form. The merchandise is
currently classifiable under subheadings
0409.00.00, 1702.90.90, and 2106.90.99
of the Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’). Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the Department’s written description of
the merchandise under the order is
dispositive.
Rescission of the Antidumping Duty
New Shipper Review
The NSR provisions of the
Department’s regulations require that
the entity making a request for an NSR
must document and certify, among other
things: (1) The date on which subject
merchandise of the exporter or producer
making the request was first entered or
withdrawn from warehouse, for
consumption, or, if it cannot establish
the date of first entry, the date on which
the exporter or producer first shipped
the merchandise for export to the
United States; (2) the volume of that and
subsequent shipments; and (3) the date
of the first sale to an unaffiliated
customer in the United States.5 The
Department has not acquired nor
received any additional information that
would alter our preliminary
determination that Danangie, having
sold subject merchandise prior to the
new shipper review period, does not
qualify for a NSR in accordance with 19
CFR 351.241(c), as Danangie failed to
certify to and document its first entry of
subject merchandise (honey) into the
United States. Furthermore, since the
publication of the Preliminary
Rescission, the Department solicited
Analysis of Apicola Danangie’s Entries in the
Antidumping Duty New Shipper Review of Honey
from Argentina,’’ dated July 31, 2012.
5 See 19 CFR 351.214(b)(2)(iv).
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13:17 Oct 29, 2012
Jkt 229001
comments from interested parties
regarding the intended rescission of the
NSR for Danangie; the Department
received no comments.
Because we find Danagie did not have
a qualifying, first entry during the new
shipper period, we find that there is no
qualifying sale to review. As such, we
are rescinding this NSR. Accordingly,
the all-others antidumping duty margin
of 30.24 percent still applies for
shipments of honey exported by
Danangie for the period December 1,
2010, through November 30, 2011. We
note that the Department revoked the
antidumping duty order on honey from
Argentina on September 21, 2012, with
revocation effective August 2, 2012.6
Therefore, and as discussed below, we
are rescinding this NSR and terminating
suspension and the collection of cash
deposits.
Assessment Rate
The Department shall determine, and
U.S. Customs and border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries.
Because we are rescinding this NSR, the
all others rate of 30.24 percent applies
to all exports of honey exported by
Danangie. The assessment rate for
Danangie’s shipments, however, could
change as the Department is conducting
an administrative review of the
antidumping duty order on honey from
Argentina covering Danangie and the
period of December 1, 2010, through
November 30, 2011. Thus, we will
instruct CBP to continue to suspend
entries during the period December 1,
2010, through November 30, 2011, of
subject merchandise exported by
Danangie until CBP receives
instructions relating to the
administrative review of the honey
antidumping order covering the period
December 1, 2010, through November
30, 2011.
65671
liquidation or antidumping duty deposit
requirements.
Notification to Importers
This notice serves as a reminder to the
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.
The NSR and rescission notice are
published in accordance with sections
751(a)(2)(B) and 777(i) of the Act, as
amended and 19 CFR 351.214(f).
Dated: October 22, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–26664 Filed 10–29–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions From the
People’s Republic of China: Notice of
Partial Rescission of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 30, 2012.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or Robert Copyak AD/
CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4793or (202) 482–
2209, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Termination of Suspension of
Liquidation
As noted above, the Department
revoked the antidumping duty order on
honey from Argentina effective August
2, 2012. See Revocation. Pursuant to
revocation of the order, the Department
instructed CBP, on October 9, 2012, to
terminate suspension of liquidation and
collection of cash deposits on entries of
the subject merchandise entered, or
withdrawn from warehouse, on or after
August 2, 2012. Accordingly, entries of
subject merchandise on or after August
2, 2012, are not subject to suspension of
Background
On May 1, 2012, the Department of
Commerce (the Department) published a
notice of opportunity to request an
administrative review of the
countervailing duty order on aluminum
extrusions from the People’s Republic of
China (PRC).1 Pursuant to requests from
interested parties, the Department
published in the Federal Register the
notice of initiation of this antidumping
6 See Honey From Argentina; Final Results of
Sunset Reviews and Revocation of Antidumping
Duty and Countervailing Duty Orders, 77 FR 58524
(September 21, 2012) (‘‘Revocation’’).
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 77 FR 25679
(May 1, 2012).
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65672
Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices
duty administrative review with respect
to 67 companies for the period
September 7, 2010, through December
31, 2011.2
Between June and October 2012,
numerous review requests were
withdrawn.3
wreier-aviles on DSK7SPTVN1PROD with NOTICES
Partial Rescission of the 2010–2011
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary 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 the notice of initiation of
the requested review. The Department
initiated the instant review on July 10,
2012.4 As noted above, withdrawals of
review requests were filed with regard
to the following companies: GFT,
Activa, Zhejiang Zhengte, Hongjia,
Tianjin Ganglv, MYB, Alnan, Clear Sky,
Midea, Nidec Sankyo Zhejang, Nidec
Sankyo Sinapore, Ningbo Coaster,
Guangya Aluminum, Zhongya,
Shanghai Dongshen, Shanghai Shen
Hang, and Sihui Shi Guo Yao. The
withdrawals of review requests were
submitted within the 90-day deadline
set forth under 19 CFR 351.213(d)(1).
Further, no other party requested an
administrative review of these particular
companies. Therefore, in accordance
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 40565 (July
10, 2012) (Initiation).
3 On June 18, 2012, Air Master Windows and
Doors (Air Master) withdrew its request for review
of Guangdong Foreign Trade Imp. & Exp. Corp.
(GFT); on August 15, 2012, Trivantage withdrew its
request for review of Activa International Inc
(Activa); on August 15, 2012, Zhejiang Zhengte
Group Co. Ltd. withdrew its request for review
(Zhejiang Zhengte); on September 9, 2012, Foshan
City Nanhai Hongjia Aluminum Alloy Co., Ltd.
(Hongjia) and Tianjin Ganglv Nonferrous Metal
Materials Co., Ltd. (Tianjin Ganglv) withdrew their
requests for review; on September 24, 2012, Eagle
Metal Distributors, Inc. withdrew its request for
review of Mei Ya Bao Aluminum Co., Ltd. (MYB);
on September 25, 2012, Electrolux North America,
Inc., Electrolux Home Products, Inc. and Electrolux
Major Appliances (collectively, ‘‘Electrolux’’)
withdrew its request for review of Alnan
Aluminium Co., Ltd. (Alnan), Clear Sky Inc. (Clear
Sky), Midea Air-Conditioning Equipment Co., Ltd.
(Midea), Nidec Sankyo (Zhejang) Corporation
(Nidec Sankyo Zhejang), Nidec Sankyo Singapore
Pte. Ltd. (Nidec Sankyo Singapore), and Ningbo
Coaster International Co., Ltd. (Ningbo Coaster); on
October 4, 2012, Guangya Aluminum Industrial Co.,
Ltd. (Guangya Aluminum) withdrew its request for
review; on October 5, 2012, Zhaoqing New Zhongya
Aluminum Co., Ltd. and Guangdong Zhongya
Aluminum Company Limited (collectively
Zhongya) withdrew its request of review; on
October 9, 2012, Newell Rubbermaid Inc. withdrew
its request for review of Shanghai Dongsheng Metal
(Shanghai Dongshen) and Shanghai Shen Hang Imp.
& Exp. Co., Ltd. (Shanghai Shen Hang); on October
9, 2012, J.A. Hancock & Co. Inc. withdrew its
request for review of Sihui Shi Guo Yao Aluminum
Co., Ltd. (Sihui Shi Guo Yao).
4 See Initiation.
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13:17 Oct 29, 2012
Jkt 229001
with 19 CFR 351.213(d)(1), and
consistent with our practice, we are
rescinding this review of the
countervailing duty order on aluminum
extrusions from the PRC with respect to
the companies listed above.5 The instant
review will continue with respect to all
other firms for which a review was
requested and initiated.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess countervailing duties on all
appropriate entries. For the companies
for which this review is rescinded 6
countervailing duties shall be assessed
at rates equal to the cash deposit of
estimated countervailing duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
period September 7, 2010, through
December 31, 2011, in accordance with
19 CFR 351.212(c)(1)(i).
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of this notice.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under an 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 terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: October 23, 2012
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–26661 Filed 10–29–12; 8:45 am]
BILLING CODE 3510–DS–P
5 See, e.g., Certain Lined Paper Products From
India: Notice of Partial Rescission of Antidumping
Duty Administrative Review and Extension of Time
Limit for the Preliminary Results of Antidumping
Duty Administrative Review, 74 FR 21781 (May 11,
2009).
6 GFT, Activa, Zhejiang Zhengte, Hongjia, Tianjin
Ganglv, MYB, Alnan, Clear Sky, Midea, Nidec
Sankyo Zhejang, Nidec Sankyo Sinapore, Ningbo
Coaster, Guangya Aluminum, Zhongya, Shanghai
Dongshen, Shanghai Shen Hang, and Sihui Shi Guo
Yao,
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–910]
Correction to Notice of Implementation
of Determinations Under Section 129
of the Uruguay Round Agreements
Act: Circular Welded Carbon Quality
Steel Pipe From the People’s Republic
of China
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 30, 2012, the
Department of Commerce (‘‘the
Department’’) published a notice in the
Federal Register that inadvertently
omitted an exporter and producer
receiving an amended antidumping
duty cash deposit rate as part of
implementation of its determinations
under section 129 of the Uruguay Round
Agreements Act (‘‘URAA’’) regarding
the antidumping duty investigation on
circular welded carbon quality steel
pipe (‘‘CWP’’) from the People’s
Republic of China (‘‘PRC’’).1 This notice
is a correction.
DATES: Effective Date: August 21, 2012.
FOR FURTHER INFORMATION CONTACT:
Daniel Calhoun, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1439.
SUPPLEMENTARY INFORMATION: On August
21, 2012, the U.S. Trade Representative
instructed the Department to implement
its determinations under section 129 of
the URAA regarding the antidumping
duty investigation on CWP from the
PRC, which renders them not
inconsistent with the World Trade
Organization (‘‘WTO’’) dispute
settlement findings in United States—
Definitive Anti-Dumping and
Countervailing Duties on Certain
Products from China, WT/DS379/AB/R
(March 11, 2011) (‘‘DS 379’’). The
Department issued its final
determinations in these section 129
proceedings on July 31, 2012.2 On
AGENCY:
1 See Implementation of Determinations Under
Section 129 of the Uruguay Round Agreements Act:
Certain New Pneumatic Off-the-Road Tires; Circular
Welded Carbon Quality Steel Pipe; Laminated
Woven Sacks; and Light-Walled Rectangular Pipe
and Tube From the People’s Republic of China, 77
FR 52683 (August 30, 2012) (‘‘Implementation of
Section 129 Determinations’’).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration,
regarding: Final Determinations: Section 129
Proceedings Pursuant to the WTO Appellate Body’s
Findings in WTO DS 379 Regarding the
Antidumping and Countervailing Duty
Investigations of Circular Welded Carbon Quality
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Agencies
[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65671-65672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26661]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-968]
Aluminum Extrusions From the People's Republic of China: Notice
of Partial Rescission of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 30, 2012.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Robert Copyak AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4793or (202) 482-2209, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2012, the Department of Commerce (the Department)
published a notice of opportunity to request an administrative review
of the countervailing duty order on aluminum extrusions from the
People's Republic of China (PRC).\1\ Pursuant to requests from
interested parties, the Department published in the Federal Register
the notice of initiation of this antidumping
[[Page 65672]]
duty administrative review with respect to 67 companies for the period
September 7, 2010, through December 31, 2011.\2\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 77 FR 25679 (May 1, 2012).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
40565 (July 10, 2012) (Initiation).
---------------------------------------------------------------------------
Between June and October 2012, numerous review requests were
withdrawn.\3\
---------------------------------------------------------------------------
\3\ On June 18, 2012, Air Master Windows and Doors (Air Master)
withdrew its request for review of Guangdong Foreign Trade Imp. &
Exp. Corp. (GFT); on August 15, 2012, Trivantage withdrew its
request for review of Activa International Inc (Activa); on August
15, 2012, Zhejiang Zhengte Group Co. Ltd. withdrew its request for
review (Zhejiang Zhengte); on September 9, 2012, Foshan City Nanhai
Hongjia Aluminum Alloy Co., Ltd. (Hongjia) and Tianjin Ganglv
Nonferrous Metal Materials Co., Ltd. (Tianjin Ganglv) withdrew their
requests for review; on September 24, 2012, Eagle Metal
Distributors, Inc. withdrew its request for review of Mei Ya Bao
Aluminum Co., Ltd. (MYB); on September 25, 2012, Electrolux North
America, Inc., Electrolux Home Products, Inc. and Electrolux Major
Appliances (collectively, ``Electrolux'') withdrew its request for
review of Alnan Aluminium Co., Ltd. (Alnan), Clear Sky Inc. (Clear
Sky), Midea Air-Conditioning Equipment Co., Ltd. (Midea), Nidec
Sankyo (Zhejang) Corporation (Nidec Sankyo Zhejang), Nidec Sankyo
Singapore Pte. Ltd. (Nidec Sankyo Singapore), and Ningbo Coaster
International Co., Ltd. (Ningbo Coaster); on October 4, 2012,
Guangya Aluminum Industrial Co., Ltd. (Guangya Aluminum) withdrew
its request for review; on October 5, 2012, Zhaoqing New Zhongya
Aluminum Co., Ltd. and Guangdong Zhongya Aluminum Company Limited
(collectively Zhongya) withdrew its request of review; on October 9,
2012, Newell Rubbermaid Inc. withdrew its request for review of
Shanghai Dongsheng Metal (Shanghai Dongshen) and Shanghai Shen Hang
Imp. & Exp. Co., Ltd. (Shanghai Shen Hang); on October 9, 2012, J.A.
Hancock & Co. Inc. withdrew its request for review of Sihui Shi Guo
Yao Aluminum Co., Ltd. (Sihui Shi Guo Yao).
---------------------------------------------------------------------------
Partial Rescission of the 2010-2011 Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary 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 the notice of initiation of the requested review. The
Department initiated the instant review on July 10, 2012.\4\ As noted
above, withdrawals of review requests were filed with regard to the
following companies: GFT, Activa, Zhejiang Zhengte, Hongjia, Tianjin
Ganglv, MYB, Alnan, Clear Sky, Midea, Nidec Sankyo Zhejang, Nidec
Sankyo Sinapore, Ningbo Coaster, Guangya Aluminum, Zhongya, Shanghai
Dongshen, Shanghai Shen Hang, and Sihui Shi Guo Yao. The withdrawals of
review requests were submitted within the 90-day deadline set forth
under 19 CFR 351.213(d)(1). Further, no other party requested an
administrative review of these particular companies. Therefore, in
accordance with 19 CFR 351.213(d)(1), and consistent with our practice,
we are rescinding this review of the countervailing duty order on
aluminum extrusions from the PRC with respect to the companies listed
above.\5\ The instant review will continue with respect to all other
firms for which a review was requested and initiated.
---------------------------------------------------------------------------
\4\ See Initiation.
\5\ See, e.g., Certain Lined Paper Products From India: Notice
of Partial Rescission of Antidumping Duty Administrative Review and
Extension of Time Limit for the Preliminary Results of Antidumping
Duty Administrative Review, 74 FR 21781 (May 11, 2009).
---------------------------------------------------------------------------
Assessment
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess countervailing duties on all appropriate entries. For
the companies for which this review is rescinded \6\ countervailing
duties shall be assessed at rates equal to the cash deposit of
estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period September
7, 2010, through December 31, 2011, in accordance with 19 CFR
351.212(c)(1)(i).
---------------------------------------------------------------------------
\6\ GFT, Activa, Zhejiang Zhengte, Hongjia, Tianjin Ganglv, MYB,
Alnan, Clear Sky, Midea, Nidec Sankyo Zhejang, Nidec Sankyo
Sinapore, Ningbo Coaster, Guangya Aluminum, Zhongya, Shanghai
Dongshen, Shanghai Shen Hang, and Sihui Shi Guo Yao,
---------------------------------------------------------------------------
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of this notice.
Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
an 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 terms of an APO
is a violation which is subject to sanction.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: October 23, 2012
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-26661 Filed 10-29-12; 8:45 am]
BILLING CODE 3510-DS-P