[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Notices]
[Pages 90-92]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33123]


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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 19 CFR 351.213, that the Department of Commerce (``the 
Department'') conduct an administrative review of that antidumping or 
countervailing duty order, finding, or suspended investigation.
    All deadlines for the submission of comments or actions by the 
Department discussed below refer to the number of calendar days from 
the applicable starting date.

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, except for the review of 
the antidumping duty order on Wooden Bedroom Furniture from the 
People's Republic of China (``PRC'') (A-570-890), 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 
(``POR''). We intend to

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release the CBP data under Administrative Protective Order (``APO'') to 
all parties having an APO within seven days of publication of the 
initiation notice and to make our decision regarding respondent 
selection within 21 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 five days of placement of the CBP data on 
the record of the review.
    If the Department limits the number of respondents selected for 
individual examination in the administrative review of the antidumping 
duty order on wooden bedroom furniture from the PRC, it intends to 
select respondents based on volume data contained in responses to 
quantity and value questionnaires. Further, the Department intends to 
limit the number of quantity and value questionnaires issued in the 
wooden bedroom furniture from the PRC review based on CBP data for U.S. 
imports classified under the Harmonized Tariff Schedule of the United 
States (``HTSUS'') headings identified in the scope of the order. Since 
the units used to measure import quantities are not consistent for the 
HTSUS headings identified in the scope of the order on wooden bedroom 
furniture from the PRC, the Department will limit the number of 
quantity and value questionnaires issued based on the import values in 
CBP data as a proxy for import quantities. Parties subject to the 
review to which the Department does not send a quantity and value 
questionnaire may file a response to the quantity and value 
questionnaire by the applicable deadline if they desire to be included 
in the pool of companies from which the Department will select 
mandatory respondents. Additionally, exporters subject to the review to 
which the Department does not send a quantity and value questionnaire 
may file a separate rate application or separate rate certification, as 
appropriate, by the applicable deadline without filing a response to 
the quantity and value questionnaire.
    Opportunity to Request A Review: Not later than the last day of 
January 2011,\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 to be reviewed
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                 Antidumping Duty Proceedings
 
Brazil: Prestressed Concrete Steel Wire Strand................           A-351-837              1/1/10--12/31/10
India: Prestressed Concrete Steel Wire Strand.................           A-533-828              1/1/10--12/31/10
Mexico: Prestressed Concrete Steel Wire Strand................           A-201-831              1/1/10--12/31/10
South Africa: Ferrovanadium...................................           A-791-815              1/1/10--12/31/10
South Korea:
    Prestressed Concrete Steel Wire Strand....................           A-580-852              1/1/10--12/31/10
    Top-of-the Stove Stainless Steel Cooking Ware\2\..........           A-580-601              1/1/10--11/16/10
Thailand: Prestressed Concrete Steel Wire Strand..............           A-549-820              1/1/10--12/31/10
The People's Republic of China:
    Crepe Paper Products......................................           A-570-895              1/1/10--12/31/10
    Ferrovanadium.............................................           A-570-873              1/1/10--12/31/10
    Folding Gift Boxes........................................           A-570-866              1/1/10--12/31/10
     Potassium Permanganate...................................           A-570-001              1/1/10--12/31/10
    Wooden Bedroom Furniture..................................           A-570-890              1/1/10--12/31/10
                Countervailing Duty Proceedings
 
South Korea: Top-of-the-Stove Stainless Steel Cooking Ware \3\           C-580-602              1/1/10--11/21/10
The People's Republic of China: Certain Oil Country Tubular              C-570-944             1/20/10--12/31/10
 Goods........................................................
     Circular Welded Carbon Quality Steel Line Pipe...........           C-570-936              1/1/10--12/31/10
                     Suspension Agreements
Mexico: Fresh Tomatoes........................................           A-201-820              1/1/10--12/31/10
Russia: Certain Cut-to-Length Carbon Steel Plate..............           A-821-808              1/1/10--12/31/10
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\2\ The antidumping duty order on Top-of-the Stove Stainless Steel Cooking Ware was revoked due to sunset review
  effective November 17, 2010.
\3\ The countervailing duty order on Top-of-the Stove Stainless Steel Cooking Ware was revoked due to sunset
  review effective November 22, 2010.

    In accordance with 19 CFR 351.213(b), an interested party as 
defined by section 771(9) of the Act may request in writing that the 
Secretary conduct an administrative review. 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. In addition, a domestic interested 
party or an interested party described in section 771(9)(B) of the Act 
must state why it desires the Secretary to review those particular 
producers or exporters.\4\ 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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    \4\ 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

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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 19 CFR 351.303(f)(3)(ii).
    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 and 
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 3508 of the main Commerce Building. Further, in accordance with 19 
CFR 351.303(f)(3)(ii), a copy of each request must be served on the 
petitioner and each exporter or producer specified in the request.
    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 2011. If the Department does not receive, by 
the last day of January 2011, 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.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional-measures ``gap'' period, of 
the order, if such a gap period is applicable to the POR.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: December 20, 2010.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2010-33123 Filed 12-30-10; 8:45 am]
BILLING CODE 3510-DS-P