Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 69629 

1As the 60-day extension falls on Saturday, 

February 12, 2011, the deadline for the final results 

of review will be the next business day, which is 

February 14, 2011. 

antidumping duty order. See 19 CFR 

351.218(d)(1)(iii)(B)(2). 

Scope of the Order 

The product covered by this order is 

certain non-frozen apple juice 

concentrate. Apple juice concentrate is 

defined as all non-frozen concentrated 

apple juice with a brix scale of 40 or 

greater, whether or not containing 

added sugar or other sweetening matter, 

and whether or not fortified with 

vitamins or minerals. Excluded from the 

scope of this order are: Frozen 

concentrated apple juice; non-frozen 

concentrated apple juice that has been 

fermented; and non-frozen concentrated 

apple juice to which spirits have been 

added. 

The merchandise subject to this order 

is classified in the Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’) at subheadings 

2106.90.52.00, and 2009.70.00.20 before 

January 1, 2002, and 2009.79.00.20 after 

January 1, 2002. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

order is dispositive. 

Determination To Revoke 

Pursuant to section 751(c)(3)(A) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’) and 19 CFR 

351.218(d)(1)(iii)(B)(3), if no domestic 

interested party files a notice of intent 

to participate, the Department shall, 

within 90 days after the initiation of the 

review, issue a final determination 

revoking the order. Because the 

domestic interested parties did not file 

a notice of intent to participate in this 

sunset review, the Department finds that 

no domestic interested party is 

participating in this sunset review. 

Therefore, consistent with 19 CFR 

351.222(i)(1)(i) and section 751(c)(3)(A) 

of the Act, we are revoking this 

antidumping duty order. Furthermore, 

although 19 CFR 351.222(i)(1)(i) 

identifies the fifth anniversary of the 

publication of the order as the effective 

date, in Parkdale v. United States, the 

Court of International Trade (‘‘CIT’’) 

clarified that the Department’s 

determination of the effective date of 

revocation is a discretionary, not a 

ministerial act. See Parkdale 

International Ltd. v. U.S., 581 F.Supp.2d 

1334 (‘‘Parkdale v. United States’’) (CIT 

2008). Therefore, the effective date of 

revocation of this antidumping duty 

order is November 2, 2010, the fifth 

anniversary of the date of publication in 

the Federal Register of the most recent 

notice of continuation of this 

antidumping duty order. See Notice of 

Continuation. 

Effective Date of Revocation 

Pursuant to section 751(c)(3)(A) of the 

Act and 19 CFR 351.222(i)(2)(i), the 

Department intends to issue instructions 

to U.S. Customs and Border Protection, 

15 days after publication of this notice, 

to terminate the suspension of 

liquidation of the merchandise subject 

to this order entered, or withdrawn from 

warehouse, on or after November 2, 

2010. Entries of subject merchandise 

prior to the effective date of revocation 

will continue to be subject to 

suspension of liquidation and 

antidumping duty deposit requirements. 

The Department will complete any 

pending administrative reviews of this 

order and will conduct administrative 

reviews of subject merchandise entered 

prior to the effective date of revocation 

in response to appropriately filed 

requests of review. 

This five-year (‘‘sunset’’) review and 

notice are published in accordance with 

sections 751(c) and 777(i)(1) of the Act. 

Dated: November 8, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–28678 Filed 11–12–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–924] 

Polyethylene Terephthalate Film, 

Sheet, and Strip From the People’s 

Republic of China: Extension of Time 

Limit for the Final Results of the 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: November 15, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Martin, AD/CVD Operations, 

Office 4, Import Administration, 

International Trade Administration, 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–3936. 

Background 

On December 23, 2009, Department of 

Commerce (‘‘Department’’) published the 

notice of the initiation of the 

antidumping duty administrative review 

on polyethylene terephthalate film, 

sheet, and strip from the People’s 

Republic of China (‘‘PRC’’), covering the 

period November 6, 2008, through 

October 31, 2009. See Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews and Request for 

Revocation in Part, 74 FR 68229 

(December 23, 2009). 

On August 16, 2010, the Department 

published the preliminary results of this 

review. See Polyethylene Terephthalate 

Film, Sheet, and Strip From the People’s 

Republic of China: Preliminary Results 

and Preliminary Rescission, in Part, of 

Antidumping Duty Administrative 

Review, 75 FR 49893 (August 16, 2010). 

The final results are currently due on 

December 14, 2010. 

Extension of Time Limits for Final 

Results 

Section 751(a)(3)(A) of the Tariff Act 

of 1930, as amended (‘‘Act’’), requires 

the Department to issue the final results 

in an administrative review of an 

antidumping duty order 120 days after 

the date on which the preliminary 

results are published. The Department 

may, however, extend the deadline for 

completion of the final results of an 

administrative review to 180 days if it 

determines it is not practicable to 

complete the review within the 

foregoing time period. The Department 

may extend the time for the final results 

without extending the time for the 

preliminary results, if such final results 

are made not later than 300 days after 

the date on which the preliminary 

results are published. See section 

751(a)(3)(A) of the Act and 19 CFR 

351.213(h)(2). 

The Department requires additional 

time to complete this review because 

the Department recently issued a 

revision of the valuation of the labor 

rate for the final results of the 

administrative review using a simple 

average industry-specific wage rate. The 

Department must analyze and consider 

significant issues raised in the parties’ 

comments and post-preliminary 

submissions. Thus, it is not practicable 

to complete this review by the current 

due date. Therefore, we are extending 

the time for the completion of the final 

results of this review by an additional 

60 days to February 12, 2011.1

This notice is published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act. 


srobinson on DSKHWCL6B1PROD with NOTICES
69630 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 

Dated: November 8, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–28674 Filed 11–12–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 101103543–0543–02] 

Impact of Implementation of the 

Chemical Weapons Convention on 

Commercial Activities Involving 

‘‘Schedule 1’’ Chemicals, Including 

Production of Schedule 1 Chemicals 

as Intermediates, Through Calendar 

Year 2010 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Notice of inquiry. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is seeking public 

comments on the impact that 

implementation of the Chemical 

Weapons Convention (CWC), through 

the Chemical Weapons Convention 

Implementation Act (CWCIA) and the 

Chemical Weapons Convention 

Regulations (CWCR), has had on 

commercial activities involving 

‘‘Schedule 1’’ chemicals during calendar 

year 2010. BIS reminds the public that 

the CWC, CWCIA, or CWCR have 

potential impacts on commercial 

activities whenever Schedule 1 

chemicals (e.g., nitrogen mustards) are 

intermediates in the synthesis of other 

chemicals, not just when the Schedule 

1 chemicals are end products. The 

purpose of this notice of inquiry is to 

collect information to assist BIS in its 

preparation of the annual certification to 

the Congress, which is required under 

Condition 9 of Senate Resolution 75, 

April 24, 1997, in which the Senate gave 

its advice and consent to the ratification 

of the CWC. 

DATES: Comments must be received by 

December 15, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: wfisher@bis.doc.gov. 

Include the phrase ‘‘Schedule 1 Notice 

of Inquiry’’ in the subject line; 

• Fax: (202) 482–3355 (Attn: Willard 

Fisher); 

• Mail or Hand Delivery/Courier: 

Willard Fisher, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230. 

FOR FURTHER INFORMATION CONTACT: For 

questions on the Chemical Weapons 

Convention requirements for ‘‘Schedule 

1’’ chemicals, contact James Truske, 

Treaty Compliance Division, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Phone: (202) 482–1001. For questions 

on the submission of comments, contact 

Willard Fisher, Regulatory Policy 

Division, Office of Exporter Services, 

Bureau of Industry and Security, U.S. 

Department of Commerce, Phone: (202) 

482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

In providing its advice and consent to 

the ratification of the Convention on the 

Prohibition of the Development, 

Production, Stockpiling, and Use of 

Chemical Weapons and Their 

Destruction, commonly called the 

Chemical Weapons Convention (CWC or 

‘‘the Convention’’), the Senate included, 

in Senate Resolution 75 (S. Res. 75, 

April 24, 1997), several conditions to its 

ratification. Condition 9, titled 

‘‘Protection of Advanced 

Biotechnology,’’ calls for the President 

to certify to Congress on an annual basis 

that ‘‘the legitimate commercial 

activities and interests of chemical, 

biotechnology, and pharmaceutical 

firms in the United States are not being 

significantly harmed by the limitations 

of the Convention on access to, and 

production of, those chemicals and 

toxins listed in Schedule 1.’’ On July 8, 

2004, President Bush, by Executive 

Order 13346, delegated his authority to 

make the annual certification to the 

Secretary of Commerce. 

The CWC is an international arms 

control treaty that contains certain 

verification provisions. In order to 

implement these verification provisions, 

the CWC established the Organization 

for the Prohibition of Chemical 

Weapons (OPCW). The CWC imposes 

certain obligations on countries that 

have ratified the Convention (i.e., States 

Parties), among which are the enactment 

of legislation to prohibit the production, 

storage, and use of chemical weapons, 

and the establishment of a National 

Authority to serve as the national focal 

point for effective liaison with the 

OPCW and other States Parties for the 

purpose of achieving the object and 

purpose of the Convention and the 

implementation of its provisions. The 

CWC also requires each State Party to 

implement a comprehensive data 

declaration and inspection regime to 

provide transparency and to verify that 

both the public and private sectors of 

the State Party are not engaged in 

activities prohibited under the CWC. 

‘‘Schedule 1’’ chemicals consist of 

those toxic chemicals and precursors set 

forth in the CWC ‘‘Annex on Chemicals’’ 

and in Supplement No. 1 to part 712 of 

the Chemical Weapons Convention 

Regulations (CWCR) (15 CFR parts 710– 

722). The CWC identified these toxic 

chemicals and precursors as posing a 

high risk to the object and purpose of 

the Convention. 

The CWC restricts the production of 

‘‘Schedule 1’’ chemicals for protective 

purposes to two facilities per State 

Party. The CWC Article-by-Article 

Analysis submitted to the Senate in 

Treaty Doc. 103–21 defined the term 

‘‘protective purposes’’ to mean ‘‘used for 

determining the adequacy of defense 

equipment and measures.’’ Consistent 

with this definition, and as authorized 

via Presidential Decision Directive 

(PDD) 70, December 17, 1999, the 

Department of Defense (DOD) was 

assigned the responsibility to operate 

these two facilities, thereby precluding 

commercial production of ‘‘Schedule 1’’ 

chemicals for protective purposes in the 

United States. The assignment of 

responsibility to DOD did not establish 

any limitations on ‘‘Schedule 1’’ 

chemical activities that are not 

prohibited by the CWC. However, the 

Department of Defense maintains strict 

controls on ‘‘Schedule 1’’ chemicals 

produced at its facilities in order to 

ensure the accountability and proper 

use of such chemicals, consistent with 

the object and purpose of the 

Convention. 

The provisions of the CWC that affect 

commercial activities involving 

‘‘Schedule 1’’ chemicals are 

implemented in the CWCR (see 15 CFR 

712) and in the Export Administration 

Regulations (EAR) (see 15 CFR 742.18 

and 15 CFR 745), both of which are 

administered by the Bureau of Industry 

and Security (BIS). Pursuant to CWC 

requirements, the CWCR restrict 

commercial production of ‘‘Schedule 1’’ 

chemicals to research, medical, or 

pharmaceutical purposes. The CWCR 

also contain other requirements and 

prohibitions that apply to ‘‘Schedule 1’’ 

chemicals and/or ‘‘Schedule 1’’ facilities. 

Specifically, the CWCR: 

(1) Prohibit the import of ‘‘Schedule 1’’ 

chemicals from States not Party to the 

Convention (15 CFR 712.2(b)); 

(2) Require annual declarations by 

certain facilities engaged in the 

production of ‘‘Schedule 1’’ chemicals in 

excess of 100 grams aggregate per 

calendar year (i.e., declared ‘‘Schedule 

1’’ facilities) for purposes not prohibited 

by the Convention (15 CFR 712.5(a)(1) 

and (a)(2)); 


srobinson on DSKHWCL6B1PROD with NOTICES