Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 41121 

2See Notice of Antidumping Duty Order and 

Amended Final Determination of Sales at Less 

Than Fair Value: Certain Pasta from Italy, 61 FR 

38547 (July 24, 1996). 

3See Memo from Christopher Hargett, Case 

Analyst, AD/CVD Operations 3, to Melissa Skinner, 

Office Director, AD/CVD Operations 3 entitled 

‘‘Phone Conversation with Counsel for Petitioners,’’ 

dated June 2, 2009. 

4See Preliminary Results, 74 FR 31696 (July 2, 

2009). 

5See memorandum from Christopher Hargett, 

Case Analyst, to Melissa Skinner, Office Director, 

entitled ‘‘Phone Conversation with Counsel for 

Petitioners,’’ dated June 2, 2009. 

6See Wooden Bedroom Furniture from the 

People’s Republic of China: Final Results of 

Changed Circumstances Review and Determination 

to Revoke Order in Part, 74 FR 8506 (February 25, 

2009)(‘‘Wooden Bedroom Furniture’’). 

interested parties an opportunity to 

comment on the preliminary results and 

notice of intent to revoke, but received 

no comments. Therefore, the final 

results do not differ from the 

preliminary results of review and we are 

revoking the order, in part, with respect 

to gluten–free pasta. 

EFFECTIVE DATE: July 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Hargett, AD/CVD 

Operations, Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street & Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–4161. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 1996, the Department 

published in the Federal Register an 

antidumping duty order on certain pasta 

from Italy.2 On May 22, 2009, Pasta 

Lensi S.r.L. (‘‘Pasta Lensi’’) requested 

that the Department initiate a changed 

circumstances review and revoke, in 

part, the antidumping duty order on 

certain pasta from Italy with respect to 

gluten–free pasta based on a lack of 

interest in maintaining the order by 

petitioners. See May 22, 2009, letter 

from Pasta Lensi to the Secretary of 

Commerce. On June 1, 2009, petitioners 

expressed a lack of interest in 

maintaining the order with respect to 

gluten–free pasta.3 On July 2, 2009, the 

Department published a notice of 

initiation and preliminary results and 

intent to revoke, in part, a changed 

circumstances review of the 

antidumping order.4 We received no 

comments. 

Scope of Review 

Imports covered by this review are 

shipments of certain non–egg dry pasta 

in packages of five pounds (2.27 

kilograms) or less, whether or not 

enriched or fortified or containing milk 

or other optional ingredients such as 

chopped vegetables, vegetable purees, 

milk, gluten, diastases, vitamins, 

coloring and flavorings, and up to two 

percent egg white. The pasta covered by 

this scope is typically sold in the retail 

market, in fiberboard or cardboard 

cartons, or polyethylene or 

polypropylene bags of varying 

dimensions. 

Excluded from the scope of this 

review are refrigerated, frozen, or 

canned pastas, as well as all forms of 

egg pasta, with the exception of non–egg 

dry pasta containing up to two percent 

egg white. 

As a result of this review, also 

excluded from the scope of this order is 

gluten–free pasta. 

The merchandise subject to review is 

currently classifiable under item 

1902.19.20 of the Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’). Although the HTSUS 

subheading is provided for convenience 

and customs purposes, the written 

description of the merchandise subject 

to the order is dispositive. 

Final Results of Changed 

Circumstances Review 

Pursuant to section 751(b)(1) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), and 19 CFR 351.216, the 

Department will conduct a changed 

circumstances review upon receipt of 

information concerning, or a request 

from an interested party for review of, 

an antidumping duty order which 

shows changed circumstances sufficient 

to warrant a review of the order. In its 

May 22, 2009, submission Pasta Lensi 

stated that petitioners have no interest 

in the antidumping duty order with 

respect to gluten–free pasta. Further, the 

petitioners expressed a lack of interest 

in maintain the antidumping duty order 

with respect to gluten–free pasta.5 No 

party submitted any evidence to the 

contrary. Therefore, In accordance with 

19 CFR 351.221(c)(3)(i), we determine 

that the petitioners have no interest in 

the antidumping duty order with 

respect to gluten–free pasta. 

Pasta Lensi requested that the 

Department retroactively revoke the 

order and cited to Wooden Bedroom 

Furniture for support.6 Consistent with 

Department practice, we have 

determined to revoke the order, in part, 

retroactive to July 1, 2008, (the date 

following the last day of the most 

recently completed administrative 

review) for unliquidated entries in light 

of Pasta Lensi’s request and the fact that 

entries after this date are not subject to 

a final determination by the 

Department. Accordingly, the 

Department will revoke, in part, the 

antidumping duty order on certain pasta 

from Italy with respect to gluten–free 

pasta, effective July 1, 2008. 

We will instruct U.S. Customs and 

Border Protection (‘‘CBP’’) to liquidate 

without regard to antidumping duties 

all unliquidated entries of gluten–free 

pasta, not currently subject to an 

administrative review of certain pasta 

from Italy, entered, or withdrawn from 

warehouse, for consumption on or after 

July 1, 2008. The Department will 

further instruct CBP to refund with 

interest any estimated antidumping 

duties collected with respect to 

unliquidated entries of gluten–free pasta 

entered, or withdrawn from warehouse 

for consumption on or after the 

publication date of the final results of 

this changed circumstances review, in 

accordance with section 778 of the Act 

and 19 CFR 351.222(g)(4). 

This changed circumstances 

administrative review, partial 

revocation of the antidumping duty 

order and notice are in accordance with 

sections 751(b) and (d), 777(i), and 

782(h) of the Act and section 351.216(e) 

and 351.222(g) of the Department’s 

regulations. 

Dated: August 7, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–19562 Filed 8–13–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–836 

Glycine From the People’s Republic of 

China: Final Results of Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 8, 2009, the 

Department of Commerce 

(‘‘Department’’) published the 

preliminary results of the 2007–2008 

administrative review of the 

antidumping duty order on glycine from 

the People’s Republic of China (‘‘PRC’’). 

See Glycine from the People’s Republic 

of China: Preliminary Results of 

Antidumping Duty Administrative 

Review, 74 FR 15930 (April 8, 2009) 

(‘‘Preliminary Results’’). We gave 

interested parties an opportunity to 

comment on the Preliminary Results. 

Based upon our analysis of the 

comments and information received, we 

made changes to the margin calculation 

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41122 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 

for the final results. We find that certain 

manufacturers/exporters sold subject 

merchandise at less than normal value 

during the period of review (‘‘POR’’), 

i.e., March 1, 2007, through February 

29, 2008. 

EFFECTIVE DATE: August 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Angelica Mendoza or Dena Crossland, 

AD/CVD Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–3019 or (202) 482– 

3362, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The following events have occurred 

subsequent to the publication of the 

Preliminary Results. On April 28, 2009, 

Geo Specialty Chemicals Inc. (‘‘GSC’’), a 

domestic interested party, and 

respondent, Baoding Mantong Fine 

Chemistry Co., Ltd. (‘‘Baoding 

Mantong’’), submitted additional 

surrogate value (‘‘SV’’) information for 

the Department to consider for these 

final results. On May 8, 2009, GSC 

submitted comments on Baoding 

Mantong’s April 28, 2009, SV 

submission and requested a hearing. On 

May 8, 2009, GSC and Baoding Mantong 

timely submitted case briefs. On May 

13, 2009, GSC and Baoding Mantong 

timely submitted rebuttal briefs. On 

May 19, 2009, GSC withdrew its request 

for hearing. At the request of both 

parties, the Department met separately 

with counsel for Baoding Mantong and 

counsel for GSC on May 28, 2009. See 

Memoranda to the File from Dena 

Crossland, Analyst, through Angelica L. 

Mendoza, Program Manager, Office 7, 

Regarding the Antidumping Duty 

Administrative Review of the Order on 

Glycine from the People’s Republic of 

China: Meeting with Counsel for 

Domestic Interested Party, dated May 

29, 2009; and Meeting with Counsel for 

Respondent, dated May 29, 2009. 

Scope of the Order 

The product covered by the order is 

glycine, which is a free–flowing 

crystalline material, like salt or sugar. 

Glycine is produced at varying levels of 

purity and is used as a sweetener/taste 

enhancer, a buffering agent, 

reabsorbable amino acid, chemical 

intermediate, and a metal complexing 

agent. This review covers glycine of all 

purity levels. Glycine is currently 

classified under subheading 

2922.49.4020 of the Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’). Although the HTSUS 

subheading is provided for convenience 

and Customs purposes, the written 

description of the merchandise subject 

to the order is dispositive. 

Analysis of Comments Received 

All issues raised in the briefs and 

rebuttal briefs are addressed in the 

‘‘Issues and Decision Memorandum for 

the Final Results of the 2007–2008 

Antidumping Duty Administrative 

Review: Glycine from the People’s 

Republic of China’’ from John M. 

Andersen, Acting Deputy Assistant 

Secretary, to Ronald K. Lorentzen, 

Acting Assistant Secretary, dated 

August 6, 2009 (‘‘I&D Memo’’), which is 

hereby adopted by this notice. A list of 

the issues raised, all of which are 

addressed in the I&D Memo, is attached 

to this notice as Appendix I. Parties can 

find a complete discussion of all issues 

raised in the briefs and rebuttal briefs 

and the corresponding 

recommendations in this public 

memorandum, which is on file in the 

Central Records Unit, room 1117 of the 

main Department building. In addition, 

a complete version of the I&D Memo can 

be accessed directly on the Web at 

http://ia.ita.doc.gov/frn. The paper copy 

and electronic version of the I&D Memo 

are identical in content. 

Separate Rates 

Baoding Mantong requested a 

separate, company–specific 

antidumping duty rate. In the 

Preliminary Results, we found that 

Baoding Mantong met the criteria for the 

application of a separate antidumping 

duty rate. Preliminary Results, 74 FR at 

15933. Therefore, the Department has 

applied a rate to Baoding Mantong 

separate from the rate established for the 

PRC–wide entity. Also in the 

Preliminary Results, the Department 

found that Nantong Dongchang 

Chemical Industry Corporation 

(‘‘Nantong Dongchang’’) did not 

participate in the administrative review 

and, thus, did not demonstrate its 

entitlement to a separate rate. Id. at 

15933–34. Accordingly, for these final 

results, Nantong Dongchang does not 

qualify for separate rate status, but 

rather is appropriately considered to be 

part of the PRC–wide entity which is 

assigned a rate of 155.89 percent based 

on facts otherwise available with an 

adverse inference (‘‘AFA’’). Id. The 

Department did not receive comments 

on this issue prior to these final results. 

Use of Facts Otherwise Available and 

the PRC–Wide Rate 

As noted above, the Department 

found that Nantong Dongchang did not 

establish its eligibility for separate rate 

status, and thus is deemed to be part of 

the PRC–wide entity. Also, in the 

Preliminary Results, the Department 

noted that Nantong Dongchang did not 

participate in the administrative review, 

and did not respond to any portions of 

the Department’s questionnaires. As the 

Department found that the PRC–wide 

entity, which includes Nantong 

Dongchang, failed to cooperate to the 

best of its ability in responding to the 

Department’s requests for information 

and thereby impeded the Department’s 

proceeding, the Department assigned 

the PRC–wide entity a rate based on 

AFA pursuant to sections 776(a)(2)(A), 

(B), and (C) and section 776(b) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’). See Preliminary Results, 74 FR at 

15934. The Department did not receive 

any comments regarding its preliminary 

application of AFA to the PRC–wide 

entity. See Preliminary Results, 74 FR at 

15933–35. Therefore, for these final 

results, the Department has not altered 

its analysis or decision to apply total 

AFA to the PRC–wide entity. 

Changes Since the Preliminary Results 

Based on our analysis of information 

on the record of this review, and 

comments received from the interested 

parties, we have made changes to the 

margin calculations for Baoding 

Mantong. 

In particular, we have made 

modifications to our selection of certain 

SVs used in the Preliminary Results. 

The values that were modified for these 

final results are those for formaldehyde, 

steam coal, and chlorine. For further 

details, see the accompanying I&D 

Memo at Comments 3, 5, and 6. 

We determine that the following 

antidumping duty margins exist for the 

period of March 1, 2007, through 

February 29, 2008: 

Final Results of Review 

Exporter Margin 

Baoding Mantong Fine Chemistry Co., Ltd. ........................... 33.67% 

PRC–Wide Rate (including 

Nantong Dongchang Chemical 

Industry Corporation) .............. 155.89% 

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act and 19 CFR 351.212(b)(1), the 

Department will determine, and U.S. 

Customs and Border Protection (‘‘CBP’’) 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

to CBP 15 days after the date of 

publication of these final results of 

review. 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 41123 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of this notice of final results 

of administrative review for all 

shipments of glycine from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication, as provided by section 

751(a)(2)(C) of the Act: (1) For Baoding 

Mantong, which has a separate rate, the 

cash deposit rate will be the company– 

specific rate shown above; (2) for 

previously reviewed or investigated 

companies not listed above that have a 

separate rate, the cash deposit rate will 

continue to be the company–specific 

rate published for the most recent 

period; (3) the cash deposit rate for all 

other PRC exporters (including Nantong 

Dongchang) will be 155.89 percent, the 

current PRC–wide rate; and (4) the cash 

deposit rate for all non–PRC exporters 

will be the rate applicable to the PRC 

exporter that supplied that exporter. 

These cash deposit requirements shall 

remain in effect until further notice. 

Notification to Interested Parties 

This notice serves as the final 

reminder to 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 in the subsequent 

assessment of double antidumping 

duties. 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (‘‘APO’’) 

of their responsibility concerning the 

return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3). 

Failure to comply is a violation of the 

APO. 

This notice of final results is issued 

and published in accordance with 

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

Act. 

Dated: August 6, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I 

List of Issues 

Comment 1: Surrogate Financial Ratios 

Comment 2: Surrogate Value for Sulfur 

Comment 3: Surrogate Value for 

Formaldehyde 

Comment 4: Surrogate Value for Liquid 

Ammonia 

Comment 5: Surrogate Value for Steam 

Coal 

Comment 6: Surrogate Value for 

Chlorine 

Comment 7: Comments on Draft U.S. 

Customs and Border (‘‘CBP’’) 

Instructions 

[FR Doc. E9–19563 Filed 8–13–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–570–851) 

Certain Preserved Mushrooms From 

the People’s Republic of China: Notice 

of Rescission of Antidumping Duty 

Administrative Review: 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to a request from 

Fujian Yu Xing Fruit and Vegetable 

Foodstuff Development Co., Ltd. (Yu 

Xing), the U.S. Department of 

Commerce (the Department) initiated an 

administrative review of the 

antidumping duty order on certain 

preserved mushrooms from the People’s 

Republic of China for the period 

February 1, 2008, through January 31, 

2009. See Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation in 

Part, 74 19042 (April 27, 2009) 

(Initiation Notice). No other interested 

party requested an administrative 

review for this period. On July 24, 2009, 

Yu Xing withdrew its request for an 

administrative review. The withdrawal 

request was filed in a timely manner. 

Therefore, as discussed below, the 

Department is rescinding this 

administrative review. 

EFFECTIVE DATE: August 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Tyler Weinhold or Robert James, AD/ 

CVD Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW, Washington, DC 20230; 

telephone: (202) 482–1121 or (202) 482– 

0649 respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 4, 2009, the Department 

published in the Federal Register its 

notice of opportunity to request an 

administrative review of the 

antidumping duty order on certain 

preserved mushrooms from the People’s 

Republic of China (PRC). See 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity to Request 

Administrative Review, 74 FR 6013 

(February 4, 2009). On March 2, 2009, 

Yu Xing requested an administrative 

review in accordance with 19 CFR 

351.213(b)(1). No other interested party 

requested an administrative review for 

this period. 

On April 27, 2009, the Department 

published in the Federal Register a 

notice of the initiation of the 

antidumping duty administrative review 

of certain preserved mushrooms from 

the PRC for the period February 1, 2008, 

through January 31, 2009, with respect 

to Yu Xing. See Initiation Notice. 

Yu Xing filed its section A response 

on June 2, 2009 and its section C and 

D responses on June 16, 2009. On July 

24, 2009, pursuant to 19 CFR 

351.213(d)(1), Yu Xing withdrew its 

requests for an administrative review. 

Rescission of Administrative Review 

Section 351.213(d)(1) of the 

Department’s regulations provide that 

the Department will rescind an 

administrative review if the party that 

requested the review withdraws its 

request for review within 90 days of the 

date of publication of the notice of 

initiation of the requested review, or 

withdraws at a later date if the 

Department determines that it is 

reasonable to extend the time limit for 

withdrawing the request. The 

Department initiated the administrative 

review of the antidumping duty order 

on April 27, 2009. Yu Xing withdrew its 

request for an administrative review on 

July 24, 2009. The withdrawal was 

timely filed and as the rescission was 

requested within 90 days of the 

publication of the initiation of the 

administrative review. See 19 CFR 

351.213(d)(1). Accordingly, the 

Department is rescinding this 

administrative review. Yu Xing has a 

separate rate, and we intend to issue 

liquidation instructions for Yu Xing 15 

days after publication of this notice. 

Notification to Importers 

This notice serves as a reminder to 

importers of their responsibility under 

section 351.402(f) of the Department’s 

regulations 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 assumption that 

reimbursement of antidumping duties 

occurred and subsequent assessment of 

double antidumping duties. 

mstockstill on DSKH9S0YB1PROD with NOTICES