[Federal Register: January 5, 2009 (Volume 74, Number 2)]
[Notices]
[Page 265-266]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja09-34]
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DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
4697.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspension of
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (the Act), may request, in accordance
with section 351.213 (2004) of the Department of Commerce (the
Department) Regulations, that the Department conduct an administrative
review of that antidumping or countervailing duty order, finding, or
suspended investigation.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, the Department intends
to select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the period of review. We intend to release
the CBP data under Administrative Protective Order (APO) to all parties
having an APO within five days of publication of the initiation notice
and to make our decision regarding respondent selection within 20 days
of publication of the initiation Federal Register notice. Therefore, we
encourage all parties interested in commenting on respondent selection
to submit their APO applications on the date of publication of the
initiation notice, or as soon thereafter as possible. The Department
invites comments regarding the CBP data and respondent selection within
10 calendar days of publication of the Federal Register initiation
notice.
Opportunity to Request a Review: Not later than the last day of
January 2009,\1\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in January for the following periods:
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\1\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when the Department is
closed.
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Period
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Antidumping Duty Proceedings
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Brazil: Prestressed Concrete Steel Wire Strand, A-351- 1/1/08-12/31/08
837.................................................
India: Prestressed Concrete Steel Wire Strand, A-533- 1/1/08-12/31/08
828.................................................
Mexico: Prestressed Concrete Steel Wire Strand, A-201- 1/1/08-12/31/08
831.................................................
South Africa: Ferrovanadium, A-791-815............... 1/1/08-12/31/08
South Korea:
Prestressed Concrete Steel Wire Strand, A-580-852 1/1/08-12/31/08
South Korea:
Top-of-the Stove Stainless Steel Cooking Ware, A- 1/1/08-12/31/08
580-601.........................................
Thailand: Prestressed Concrete Steel Wire Strand, A- 1/1/08-12/31/08
549-820.............................................
The People's Republic of China:
Crepe Paper Products, A-570-895.................. 1/1/08-12/31/08
The People's Republic of China:
Ferrovanadium, A-570-873......................... 1/1/08-12/31/08
The People's Republic of China:
Folding Gift Boxes, A-570-866.................... 1/1/08-12/31/08
The People's Republic of China:
Potassium Permanganate, A-570-001................ 1/1/08-12/31/08
The People's Republic of China:
Wooden Bedroom Furniture, A-570-890.............. 1/1/08-12/31/08
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Countervailing Duty Proceedings
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South Korea: Top-of-the-Stove Stainless Steel Cooking 1/1/08-12/31/08
Ware, C-580-602.....................................
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Suspension Agreements
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Mexico: Fresh Tomatoes, A-201-820.................... 1/22/08-12/31/08
Russia: Certain Cut-to-Length Carbon Steel Plate, A- 1/1/08-12/31/08
821-808.............................................
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[[Page 266]]
In accordance with section 351.213(b) of the regulations, an
interested party as defined by section 771(9) of the Act may request in
writing that the Secretary conduct an administrative review. The
Department changed its requirements for requesting reviews for
countervailing duty orders. For both antidumping and countervailing
duty reviews, the interested party must specify the individual
producers or exporters covered by an antidumping finding or an
antidumping or countervailing duty order or suspension agreement for
which it is requesting a review, and the requesting party must state
why it desires the Secretary to review those particular producers or
exporters.\2\ If the interested party intends for the Secretary to
review sales of merchandise by an exporter (or a producer if that
producer also exports merchandise from other suppliers) which were
produced in more than one country of origin and each country of origin
is subject to a separate order, then the interested party must state
specifically, on an order-by-order basis, which exporter(s) the request
is intended to cover.
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\2\ If the review request involves a non-market economy and the
parties subject to the review request do not qualify for separate
rates, all other exporters of subject merchandise from the non-
market economy country who do not have a separate rate will be
covered by the review as part of the single entity of which the
named firms are a part.
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Please note that, for any party the Department was unable to locate
in prior segments, the Department will not accept a request for an
administrative review of that party absent new information as to the
party's location. Moreover, if the interested party who files a request
for review is unable to locate the producer or exporter for which it
requested the review, the interested party must provide an explanation
of the attempts it made to locate the producer or exporter at the same
time it files its request for review, in order for the Secretary to
determine if the interested party's attempts were reasonable, pursuant
to section 351.303(f)(3)(ii) of the regulations.
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the
Department has clarified its practice with respect to the collection of
final antidumping duties on imports of merchandise where intermediate
firms are involved. The public should be aware of this clarification in
determining whether to request an administrative review of merchandise
subject to antidumping findings and orders. See also the Import
Administration Web site at http://ia.ita.doc.gov.
Six copies of the request should be submitted to the Assistant
Secretary for Import Administration, International Trade
Administration, Room 1870, U.S. Department of Commerce, 14th Street &
Constitution Avenue, NW., Washington, DC 20230. The Department also
asks parties to serve a copy of their requests to the Office of
Antidumping/Countervailing Operations, Attention: Sheila Forbes, in
room 3065 of the main Commerce Building. Further, in accordance with
section 351.303(f)(l)(i) of the regulations, a copy of each request
must be served on every party on the Department's service list.
The Department will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of January 2009. If the Department does not receive, by
the last day of January 2009, a request for review of entries covered
by an order, finding, or suspended investigation listed in this notice
and for the period identified above, the Department will instruct the
CBP to assess antidumping or countervailing duties on those entries at
a rate equal to the cash deposit of (or bond for) estimated antidumping
or countervailing duties required on those entries at the time of
entry, or withdrawal from warehouse, for consumption and to continue to
collect the cash deposit previously ordered.
This notice is not required by statute but is published as a
service to the international trading community.
Dated: December 23, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. E8-31315 Filed 1-2-09; 8:45 am]
BILLING CODE 3510-DS-P