Aluminum Extrusions From the People's Republic of China: Notice of Partial Rescission of Countervailing Duty Administrative Review, 65671-65672 [2012-26661]

Download as PDF 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things: (1) The date on which subject merchandise of the exporter or producer making the request was first entered or withdrawn from warehouse, for consumption, or, if it cannot establish the date of first entry, the date on which the exporter or producer first shipped the merchandise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). VerDate Mar<15>2010 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1 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. VerDate Mar<15>2010 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, PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30OCN1.SGM 30OCN1

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]


-----------------------------------------------------------------------

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