2346 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 

intend to seek clarifying information 

from Tata after our preliminary results 

with respect to its exports. 

Disclosure 

The Department will disclose these 

preliminary results to the parties within 

five days of the date of publication of 

this notice in accordance with 19 CFR 

351.224(b). 

Comments 

Interested parties are invited to 

comment on the preliminary results and 

may submit case briefs and/or written 

comments within 30 days of the date of 

publication of this notice. See 19 CFR 

351.309(c)(1)(ii). Rebuttal briefs, limited 

to issues raised in the case briefs, will 

be due five days later, pursuant to 19 

CFR 351.309(d). Parties who submit 

case or rebuttal briefs in this proceeding 

are requested to submit with each 

argument (1) a statement of the issue, 

and (2) a brief summary of the 

argument. Parties are requested to 

provide a summary of the arguments not 

to exceed five pages and a table of 

statutes, regulations, and cases cited. 

See 19 CFR 351.309(c)(2). Additionally, 

parties are requested to provide their 

case brief and rebuttal briefs in 

electronic format (e.g., Microsoft Word, 

pdf, etc.). Interested parties, who wish 

to request a hearing or to participate if 

one is requested, must submit a written 

request to the Assistant Secretary for 

Import Administration within 30 days 

of the date of publication of this notice. 

Requests should contain: (1) The party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of issues to be discussed. See 19 

CFR 351.310(c). Issues raised in the 

hearing will be limited to those raised 

in case and rebuttal briefs. The 

Department will issue the final results 

of this review, including the results of 

its analysis of issues raised in any such 

written briefs or at the hearing, if held, 

not later than 120 days after the date of 

publication of this notice. 

Assessment Rate 

The Department intends to issue 

appropriate assessment instructions 

directly to CBP 15 days after the 

publication of the final results of this 

review. 

Since the implementation of the 1997 

regulations, our practice concerning noshipment respondents has been to 

rescind the administrative review if the 

respondent certifies that it had no 

shipments and we have confirmed 

through our examination of CBP data 

that there were no shipments of subject 

merchandise during the POR. See 

Antidumping Duties; Countervailing 

Duties, 62 FR 27296, 27393 (May 19, 

1997). As a result, in such 

circumstances, we normally instruct 

CBP to liquidate any entries from the 

no-shipment company at the deposit 

rate in effect on the date of entry. 

In our May 6, 2003, ‘‘automatic 

assessment’’ clarification, we explained 

that, where respondents in an 

administrative review demonstrate that 

they had no knowledge of sales through 

resellers to the United States, we would 

instruct CBP to liquidate such entries at 

the all-others rate applicable to the 

proceeding. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment 

Policy Notice). 

Because ‘‘as entered’’ liquidation 

instructions do not alleviate the 

concerns which the May 2003 

clarification was intended to address, 

we find it appropriate in this case to 

instruct CBP to liquidate any existing 

entries of merchandise produced by 

Essar, Ispat, JSW, or Tata and exported 

by other parties at the all-others rate, 

should we continue to find that Essar, 

Ispat, and JSW had no shipments of 

subject merchandise to the United 

States, and Tata had no reviewable 

transactions, during the POR, in our 

final results. See, e.g., Magnesium Metal 

From the Russian Federation: Final 

Results of Antidumping Duty 

Administrative Review, 75 FR 56989 

(September 17, 2010). In addition, the 

Department finds that it is more 

consistent with the May 2003 

clarification not to rescind the review in 

part in these circumstances but, rather, 

to complete the review with respect to 

Essar, Ispat, JSW, and Tata and issue 

appropriate instructions to CBP based 

on the final results of the review. 

Cash Deposit Requirements 

The following deposit rates will be 

effective upon publication of the final 

results of this administrative review for 

all shipments of hot-rolled carbon steel 

flat products from India entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided by section 751(a)(2)(C) 

of the Act: (1) For Essar, Ispat, JSW, and 

Tata, and for previously reviewed or 

investigated companies not listed above, 

the cash deposit rate will continue to be 

the company-specific rate published for 

the most recent final results in which 

that manufacturer or exporter 

participated; (2) if the exporter is not a 

firm covered in these reviews, a prior 

review, or the original less-than-fairvalue (‘‘LTFV’’) investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent final results for the manufacturer 

of the merchandise; and (3) if neither 

the exporter nor the manufacturer is a 

firm covered in this or any previous 

review or the LTFV conducted by the 

Department, the cash deposit rate will 

be 23.87 percent, the all-others rate 

established in the LTFV. See Amended 

Final Determination. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a preliminary 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping and countervailing 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 and countervailing duties 

occurred and the subsequent assessment 

of double antidumping and 

countervailing duties. 

These preliminary results of review 

are issued and published in accordance 

with sections 751(a)(1) and 777(i) of the 

Act and 19 CFR 351.221(b)(4). 

Dated: January 7, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–619 Filed 1–12–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Quarterly Update to Annual Listing of 

Foreign Government Subsidies on 

Articles of Cheese Subject to an InQuota Rate of Duty 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: January 13, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Gayle Longest, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Ave., NW., 

Washington, DC 20230, telephone: (202) 

482–3338. 

SUPPLEMENTARY INFORMATION: Section 

702 of the Trade Agreements Act of 

1979 (as amended) (‘‘the Act’’) requires 

the Department of Commerce (‘‘the 

Department’’) to determine, in 

consultation with the Secretary of 

Agriculture, whether any foreign 

government is providing a subsidy with 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 2347 

respect to any article of cheese subject 

to an in-quota rate of duty, as defined 

in section 702(h) of the Act, and to 

publish an annual list and quarterly 

updates to the type and amount of those 

subsidies. We hereby provide the 

Department’s quarterly update of 

subsidies on articles of cheese that were 

imported during the period July 1, 2010, 

through September 30, 2010. 

The Department has developed, in 

consultation with the Secretary of 

Agriculture, information on subsidies 

(as defined in section 702(h) of the Act) 

being provided either directly or 

indirectly by foreign governments on 

articles of cheese subject to an in-quota 

rate of duty. The appendix to this notice 

lists the country, the subsidy program or 

programs, and the gross and net 

amounts of each subsidy for which 

information is currently available. The 

Department will incorporate additional 

programs which are found to constitute 

subsidies, and additional information 

on the subsidy programs listed, as the 

information is developed. 

The Department encourages any 

person having information on foreign 

government subsidy programs which 

benefit articles of cheese subject to an 

in-quota rate of duty to submit such 

information in writing to the Assistant 

Secretary for Import Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Ave., NW., 

Washington, DC 20230. 

This determination and notice are in 

accordance with section 702(a) of the 

Act and 19 CFR 351.601. 

Dated: January 7, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

APPENDIX—SUBSIDY PROGRAMS 

ON CHEESE SUBJECT TO AN INQUOTA RATE OF DUTY 

Country Program(s) Gross 1 Subsidy 

($/lb) 

Net 2 Subsidy 

($/lb) 

27 European Union Member States 3 ..................... European Union Restitution ...................................

Payments ...............................................................

$0.00 $0.00 

Canada ................................................................... Export Assistance on .............................................

Certain Types of Cheese .......................................

0.34 0.34 

Norway .................................................................... Indirect (Milk) Subsidy ............................................ 0.00 0.00 

Consumer Subsidy ................................................. 0.00 0.00 

Total ....................................................................... 0.00 0.00 

Switzerland ............................................................. Deficiency Payments .............................................. 0.00 0.00 

1 Defined in 19 U.S.C. 1677(5). 

2 Defined in 19 U.S.C. 1677(6). 

3The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, 

Spain, Sweden, and the United Kingdom. 

[FR Doc. 2011–617 Filed 1–12–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Availability of Seats for the Stellwagen 

Bank National Marine Sanctuary 

Advisory Council 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration, 

Department of Commerce (DOC). 

ACTION: Notice and request for 

applications. 

SUMMARY: The ONMS is seeking 

applicants for the following seats on the 

Stellwagen Bank National Marine 

Sanctuary Advisory Council: (1) AtLarge Alternate seat and (1) Maritime 

Heritage Member and (1) Maritime 

Heritage Alternate seat. Applicants are 

chosen based upon their particular 

expertise and experience in relation to 

the seat for which they are applying; 

community and professional affiliations; 

philosophy regarding the protection and 

management of marine resources; and 

possibly the length of residence in the 

area affected by the sanctuary. 

Applicants who are chosen as members 

should expect to serve two and three 

year terms, pursuant to the Council’s 

Charter. The Council consists also of 

three state and three federal non-voting 

ex-officio seats. 

DATES: Applications are due by 28 

February 2011. 

ADDRESSES: Application kits may be 

obtained from 

Elizabeth.Stokes@noaa.gov, Stellwagen 

Bank National Marine Sanctuary, 175 

Edward Foster Road, Scituate, MA 

02066. Telephone 781–545–8026, ext. 

201. Completed applications should be 

sent to the same address or email, or 

faxed to 781–545–8036. 

FOR FURTHER INFORMATION CONTACT: 

Contact Nathalie.Ward@noaa.gov, 

External Affairs Coordinator, telephone: 

781–545–8026, ext. 206. 

SUPPLEMENTARY INFORMATION: The 

Council was established in March 2001 

to assure continued public participation 

in the management of the Sanctuary. 

The Council’s 23 members represent a 

variety of local user groups, as well as 

the general public, plus seven local, 

state and federal government agencies. 

Since its establishment, the Council has 

played a vital role in advising NOAA on 

critical issues and is currently focused 

on the sanctuary’s final five-year 

Management Plan. 

The Stellwagen Bank National Marine 

Sanctuary encompasses 842 square 

miles of ocean, stretching between Cape 

Ann and Cape Cod. Renowned for its 

scenic beauty and remarkable 

productivity, the sanctuary supports a 

rich diversity of marine life including 

22 species of marine mammals, more 

than 30 species of seabirds, over 60 

species of fishes, and hundreds of 

marine invertebrates and plants. 

Authority: 16 U.S.C. Sections 1431, et seq. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Dated: December 28, 2010. 

Daniel J. Basta, 

Director, Office of National Marine 

Sanctuaries, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2011–517 Filed 1–12–11; 8:45 am] 

BILLING CODE 3510–NK–M 


srobinson on DSKHWCL6B1PROD with NOTICES