Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42857 

20 days of publication of this notice. 

The Department invites comments 

regarding the CBP data and respondent 

selection within ten days of publication 

of this Federal Register notice. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Instructions for filing such applications 

may be found on the Department’s 

website at http://ia.ita.doc.gov/apo. 

Separate Rates 

In order to obtain separate–rate status 

in NME investigations, exporters and 

producers must submit a separate–rate 

status application. See our practice, 

described in Policy Bulletin 05.1: 

Separate–Rates Practice and Application 

of Combination Rates in Antidumping 

Investigations involving Non–Market 

Economy Countries, dated April 5, 2005 

(‘‘Separate Rates and Combination Rates 

Bulletin’’), available on the 

Department’s website at http:// 

ia.ita.doc.gov/policy/bull05–1.pdf. 

Based on our experience in processing 

the separate–rate applications in 

previous antidumping duty 

investigations, we have modified the 

application for this investigation to 

make it more administrable and easier 

for applicants to complete. See, e.g., 

Initiation of Antidumping Duty 

Investigation: Certain New Pneumatic 

Off–the-Road Tires From the People’s 

Republic of China, 72 FR 43591, 43594– 

95 (August 6, 2007). The specific 

requirements for submitting the 

separate–rate application in this 

investigation are outlined in detail in 

the application itself, which will be 

available on the Department’s website at 

http://ia.ita.doc.gov/ia–highlights-and– 

news.html on the date of publication of 

this initiation notice in the Federal 

Register. The separate–rate application 

will be due 60 days after publication of 

this initiation notice. For exporters and 

producers who submit a separate–rate 

status application and subsequently are 

selected as mandatory respondents, 

these exporters and producers will no 

longer be eligible for consideration for 

separate rate status unless they respond 

to all parts of the questionnaire as 

mandatory respondents. As noted in the 

‘‘Respondent Selection’’ section above, 

the Department requires that 

respondents submit a response to both 

the quantity and value questionnaire 

and the separate rate application by the 

respective deadlines in order to receive 

consideration for separate–rate status. 

The quantity and value questionnaire 

will be available on the Department’s 

website at http://ia.ita.doc.gov/ia– 

highlights-and–news.html on the date of 

the publication of this initiation notice 

in the Federal Register. 

Use of Combination Rates in an NME 

Investigation 

The Department will calculate 

combination rates for certain 

respondents that are eligible for a 

separate rate in this investigation. The 

Separate Rates and Combination Rates 

Bulletin states: 

{w}hile continuing the practice of 

assigning separate rates only to 

exporters, all separate rates that the 

Department will now assign in its 

NME investigations will be specific 

to those producers that supplied the 

exporter during the period of 

investigation. Note, however, that 

one rate is calculated for the 

exporter and all of the producers 

which supplied subject 

merchandise to it during the period 

of investigation. This practice 

applies both to mandatory 

respondents receiving an 

individually calculated separate 

rate as well as the pool of non– 

investigated firms receiving the 

weighted–average of the 

individually calculated rates. This 

practice is referred to as the 

application of ‘‘combination rates’’ 

because such rates apply to specific 

combinations of exporters and one 

or more producers. The cash– 

deposit rate assigned to an exporter 

will apply only to merchandise 

both exported by the firm in 

question and produced by a firm 

that supplied the exporter during 

the period of investigation. 

See Separate Rates and Combination 

Rates Bulletin at 6 (emphasis added). 

Distribution of Copies of the Petitions 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public versions 

of the Petitions have been provided to 

the representatives of the Governments 

of the PRC and Mexico. Because of the 

large number of producers/exporters 

identified in the AD PRC Petition, the 

Department considers the service of the 

public version of the AD PRC Petition 

to the foreign producers/exporters 

satisfied by the delivery of the public 

version to the Government of the PRC, 

consistent with 19 CFR 351.203(c)(2). 

ITC Notification 

We have notified the ITC of our 

initiations, as required by section 732(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

no later than September 14, 2009, 

whether there is a reasonable indication 

that imports of magnesia carbon bricks 

from the PRC and Mexico are materially 

injuring, or threatening material injury 

to a U.S. industry. A negative ITC 

determination with respect to any 

country will result in the investigation 

being terminated for that country; 

otherwise, these investigations will 

proceed according to statutory and 

regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

Dated: August 18, 2009. 

Carole Showers, 

Acting Deputy Assistant Secretary for Policy 

and Negotiations. 

Appendix I 

Scope of the Investigations 

Imports covered by this petition 

consist of certain chemically bonded 

(resin or pitch), magnesia carbon bricks 

with a magnesia component of at least 

70 percent magnesia (‘‘MgO’’) by 

weight, regardless of the source of raw 

materials for the MgO, with carbon 

levels ranging from trace amounts to 30 

percent by weight, regardless of 

enhancements, (for example, magnesia 

carbon bricks can be enhanced with 

coating, grinding, tar impregnation or 

coking, high temperature heat 

treatments, anti–slip treatments or metal 

casing) and regardless of whether or not 

anti–oxidants are present (for example, 

antioxidants can be added to the mix 

from trace amounts to 15 percent by 

weight as various metals, metal alloys, 

and metal carbides). Certain magnesia 

carbon bricks that are the subject of this 

investigation are currently classifiable 

under subheadings 6902.10.10.00, 

6902.10.50.00, 6815.91.00.00, and 

6815.99 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

While HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description is dispositive. 

[FR Doc. E9–20494 Filed 8–24–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–821] 

Hot–Rolled Carbon Steel Products 

from India: Extension of Time Limit for 

Preliminary Results of Countervailing 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Gayle Longest, AD/CVD Operations, 


pwalker on DSK8KYBLC1PROD with NOTICES
42858 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 

1September 8, 2009 is the first business day after 

twenty calendar days from the signature date of this 

notice. 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, Room 

4014, 14th Street and Constitution Ave., 

NW, Washington, DC 20230, telephone: 

(202) 482–3338. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 2, 2009, the U.S. 

Department of Commerce (‘‘the 

Department’’) published a notice of 

initiation of the administrative review of 

the countervailing duty order on hot– 

rolled carbon steel products from India 

covering the period January 1, 2008, 

through December 31, 2008. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation in 

Part, 74 FR 5821 (February 2, 2009). The 

preliminary results are currently due no 

later than September 2, 2009. 

Extension of Time Limit for Preliminary 

Results 

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

of 1930, as amended (‘‘the Act’’), 

requires the Department to make a 

preliminary determination within 245 

days after the last day of the anniversary 

month of an order for which a review 

is requested. Section 751(a)(3)(A) of the 

Act further states that if it is not 

practicable to complete the review 

within the time period specified, the 

administering authority may extend the 

245-day period to issue its preliminary 

results to up to 365 days. 

Due to the complexity of the issues in 

this administrative review, such as the 

number of programs under review 

during the POR, we have determined 

that it is not practicable to complete the 

preliminary results within the 245-day 

period. Therefore, in accordance with 

section 751(a)(3)(A) of the Act, we are 

extending the time period for issuing 

the preliminary results of the review by 

120 days. The preliminary results are 

now due no later than December 31, 

2009. The final results continue to be 

due 120 days after publication of the 

preliminary results. 

This notice is issued and published in 

accordance with section 751(a)(3)(A) of 

the Act. 

Dated: August 19, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–20501 Filed 8–24–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–955] 

Certain Magnesia Carbon Bricks from 

the People’s Republic of China: 

Initiation of Countervailing Duty 

Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce 

DATES: Effective Date: August 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Justin Neuman, Toni Page, or Nicholas 

Czajkowski; AD/CVD Operations, Office 

6, Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue NW, Washington, 

D.C. 20230; telephone: (202) 482–0486, 

(202) 482–1398, or (202) 482–1395 

respectively. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On July 29, 2009, the Department of 

Commerce (the Department) received 

countervailing duty (CVD) and 

antidumping (AD) petitions concerning 

imports of certain magnesia carbon 

bricks (magnesia carbon bricks) from the 

People’s Republic of China (PRC) filed 

in proper form by Resco Products, Inc. 

(Petitioner), domestic producers of 

magnesia carbon bricks. See ‘‘Petition 

for the Imposition of Countervailing 

Duties: Certain Magnesia Carbon Bricks 

from the People’s Republic of China’’ 

(CVD PRC Petition). On August 3, 2009, 

the Department spoke via telephone 

with petitioner to request additional 

information and clarification of certain 

areas of the CVD petition involving 

countervailable subsidy allegations. See 

Memorandum from Mark Hoadley, 

Program Manager, AD/CVD Operations, 

Office 6, to the File, ‘‘CVD Petition for 

Investigation of Magnesia Carbon Bricks 

from the People’s Republic of China 

(PRC): Phone Call with Counsel for 

Petitioner’’ dated August 4, 2009. Based 

on the Department’s requests, the 

Petitioner timely filed additional 

information on August 7, 2009. On 

August 4 and 12, 2009, the Department 

issued additional requests for 

information and clarification of certain 

areas of the CVD PRC Petition. Based on 

the Department’s requests, Petitioner 

timely filed additional information 

pertaining to the CVD PRC Petition on 

August 10 and 14, 2009, (hereinafter, 

Supplement to the CVD PRC Petition 

dated August 10, 2009 and Second 

Supplement to the CVD PRC Petition, 

dated August 14, 2009). 

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), Petitioner alleges that 

producers/exporters of magnesia carbon 

bricks in the PRC received 

countervailable subsidies within the 

meaning of section 701 and 771(5) of the 

Act, and that imports from these 

exporters/producers materially injure, 

or threaten material injury to, an 

industry in the United States. 

The Department finds that Petitioner 

filed this CVD PRC Petition on behalf of 

the domestic industry because it is an 

interested party as defined in section 

771(9)(C) of the Act, and Petitioner has 

demonstrated sufficient industry 

support with respect to the 

countervailing duty investigation that it 

is requesting the Department to initiate 

(see ‘‘Determination of Industry Support 

for the CVD Petition’’ below). 

Period of Investigation 

The anticipated period of 

investigation (POI) is calendar year 

2008. See 19 CFR 351.204(b)(2). 

Scope of Investigation 

The products covered by this 

investigation are magnesia carbon bricks 

from the PRC. For a full description of 

the scope of the investigation, please see 

the ‘‘Scope of Investigation’’ in 

Appendix I to this notice. 

Comments on Scope of Investigation 

During our review of the CVD PRC 

Petition, we discussed the scope with 

Petitioner to ensure that it is an accurate 

reflection of the products for which the 

domestic industry is seeking relief. 

Moreover, as discussed in the preamble 

to the regulations (See Antidumping 

Duties; Countervailing Duties; Final 

Rule, 62 FR 27296, 27323 (May 19, 

1997)), we are setting aside a period for 

interested parties to raise issues 

regarding product coverage. The 

Department encourages all interested 

parties to submit such comments by 

September 8, 2009.1 Comments should 

be addressed to Import Administration’s 

APO/Dockets Unit, Room 1870, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW, 

Washington, DC 20230. The period of 

scope consultations is intended to 

provide the Department with ample 

opportunity to consider all comments 

and to consult with parties prior to the 

issuance of the preliminary 

determinations. 


pwalker on DSK8KYBLC1PROD with NOTICES