Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 50775 

Assessment 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. 

We have calculated importer–specific 

per unit duty assessment rates based on 

the ratio of the total amount of 

antidumping duties calculated for the 

examined sales to the total entered 

value of the sales. We will instruct CBP 

to assess antidumping duties on all 

appropriate entries covered by this 

review if any importer–specific 

assessment rate calculated in the final 

results of this review is above de 

minimis (i.e., less than 0.50 percent). 

The Department intends to issue 

assessment instructions to CBP 15 days 

after the date of publication of these 

final results of review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by companies included in 

these final results of review for which 

the reviewed companies did not know 

their merchandise was destined for the 

United States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all–others rate established 

in the less–than-fair–value (LTFV) 

investigation if there is no rate for the 

intermediate company(ies) involved in 

the transaction. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, consistent with section 

751(a)(2)(C) of the Act: (1) the cash 

deposit rate for the reviewed company, 

Aragonesas, will be the rate shown 

above; (2) if the exporter is not a firm 

covered in this review, but was covered 

in a previous review or the original 

LTFV investigation, the cash deposit 

rate will continue to be the company– 

specific rate published for the most 

recent period; (3) if the exporter is not 

a firm covered in this review, a prior 

review, or the original LTFV 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent period 

for the manufacturer of the 

merchandise; and (4) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash 

deposit rate will continue to be the ‘‘All 

Others’’ rate established in the original 

LTFV investigation, which is 24.83 

percent. See Chlorinated Isos Order. 

These deposit requirements shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a 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 the subsequent 

assessment of double antidumping 

duties. 

Notification to Interested Parties 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

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

written notification of return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

We are issuing and publishing these 

final results of review in accordance 

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

the Act. 

Dated: September 24, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix 

Issues in Decision Memorandum: 

Comment 1: Whether the Department 

Should Eliminate from the G&A Ratio 

the Accrued Expenses Relating to the 

Asset Impairments and Restructuring 

Charges 

Comment 2: Whether the Department 

was Correct to Revise Aragonesas’ G&A 

Expense Allocation Relating to G&A 

Services Provided by its Parent 

Company 

Comment 3: Whether the Department, in 

Calculating the G&A and the R&D 

Amounts to be Included in Aragonesas’ 

Costs, Should First Eliminate from 

TOTCOM that Portion of TOTCOM that 

Relates to the Major Input Rule 

Adjustment for Chlorine 

Comment 4:Whether the Department 

Should Set U.S. Warranty Expenses to 

Zero 

Comment 5:Whether There Are Clerical 

Errors in the Department’s Program or 

Calculations 

Comment 6:Whether the Department 

Should Refrain from Zeroing for the 

Final Results 

[FR Doc. E9–23705 Filed 9–30–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–357–405] 

Barbed Wire and Barbless Fencing 

Wire From Argentina: Final Results of 

Sunset Review and Revocation of 

Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 3, 2009, the 

Department of Commerce (Department) 

initiated the sunset review of the 

antidumping duty order on barbed wire 

and barbless fencing wire from 

Argentina. Because the domestic 

interested parties did not participate in 

this sunset review, the Department is 

revoking this antidumping duty order. 

FOR FURTHER INFORMATION CONTACT: 

Steve Bezirganian, AD/CVD Operations, 

Office 7, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street & Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–1131. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 13, 1985, the 

Department issued an antidumping duty 

order on barbed wire and barbless 

fencing wire from Argentina. See 

Antidumping Duty Order: Barbed Wire 

and Barbless Fencing Wire From 

Argentina, 50 FR 46808 (Nov. 13, 1985). 

On September 20, 2004, the Department 

published its most recent continuation 

of the order. See Continuation of 

Antidumping Duty Order: Barbed Wire 

and Barbless Fencing Wire From 

Argentina, 69 FR 56190 (Sep. 20, 2004). 

On August 3, 2009, the Department 

initiated a sunset review of this order. 

See Initiation of Five-Year (‘‘Sunset’’) 

Review, 74 FR 38401 (Aug. 3, 2009). 

We did not receive a notice of intent 

to participate from domestic interested 

parties in this sunset review by the 


PWALKER on DSK8KYBLC1PROD with NOTICES
50776 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 

deadline date. As a result, in accordance 

with 19 CFR 351.218(d)(1)(iii)(A), the 

Department determined that no 

domestic interested party intends to 

participate in the sunset review, and on 

August 21, 2009, we notified the 

International Trade Commission, in 

writing, that we intended to issue a final 

determination revoking this 

antidumping duty order. See 19 CFR 

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

Scope of the Order 

The merchandise covered by this 

order is barbed wire and barbless 

fencing wire from Argentina, which is 

currently classifiable under Harmonized 

Tariff Schedule of the United States 

(HTSUS) item number 7313.00.00. The 

HTSUS number is provided for 

convenience and customs purposes. The 

written product description remains 

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. The 

effective date of revocation is September 

20, 2009, the fifth anniversary of the 

date of publication in the Federal 

Register of the most recent notice of 

continuation of this antidumping duty 

order. 

Effective Date of Revocation 

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

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

Department will issue instructions to 

U.S. Customs and Border Protection, 15 

days after publication of the notice, to 

terminate the suspension of liquidation 

of the merchandise subject to this order 

entered, or withdrawn from warehouse, 

on or after September 20, 2009. 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 for 

review. 

This five-year (sunset) review and 

notice are in accordance with sections 

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

Dated: September 24, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–23695 Filed 9–30–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 45–2008] 

Foreign-Trade Zone 72—Indianapolis, 

IN; Termination of Review of 

Application for Subzone GETRAG 

Transmission Manufacturing LLC 

(Automotive Transmissions), Tipton, IN 

Notice is hereby given of termination 

of review of an application submitted by 

the Indianapolis Airport Authority, 

grantee of FTZ 72, requesting specialpurpose subzone status for the 

automotive transmission manufacturing 

plant of GETRAG Transmission 

Manufacturing LLC, located in Tipton, 

Indiana. The application was filed on 

August 8, 2008 (73 FR 48194, 8–18–08). 

The termination is a result of changed 

circumstances, and the case has been 

closed without prejudice. 

Dated: September 24, 2009. 

Pierre V. Duy, 

Acting Executive Secretary. 

[FR Doc. E9–23697 Filed 9–30–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Five-Year (‘‘Sunset’’) 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In accordance with section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) is 

automatically initiating a five-year 

review (‘‘Sunset Review’’) of the 

antidumping duty order listed below. 

The International Trade Commission 

(‘‘the Commission’’) is publishing 

concurrently with this notice its notice 

of Institution of Five-Year Review which 

covers the same order. 

DATES: Effective Date: October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: The 

Department official identified in the 

Initiation of Review section below at 

AD/CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street & Constitution 

Ave., NW., Washington, DC 20230. For 

information from the Commission 

contact Mary Messer, Office of 

Investigations, U.S. International Trade 

Commission at (202) 205–3193. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of 

Antidumping and Countervailing Duty 

Orders, 63 FR 13516 (March 20, 1998) 

and 70 FR 62061 (October 28, 2005). 

Guidance on methodological or 

analytical issues relevant to the 

Department’s conduct of Sunset 

Reviews is set forth in the Department’s 

Policy Bulletin 98.3—Policies Regarding 

the Conduct of Five-Year (‘‘Sunset’’) 

Reviews of Antidumping and 

Countervailing Duty Orders: Policy 

Bulletin, 63 FR 18871 (April 16, 1998). 

Initiation of Review 

In accordance with 19 CFR 

351.218(c), we are initiating the Sunset 

Review of the following antidumping 

duty order: 

DOC Case No. ITC Case No. Country Product Department contact 

A–337–804 ....... 731–TA–776 ..... Chile ................. Certain Preserved Mushrooms (2nd Review).Brandon Farlander (202) 482–0182. 

A–533–813 ....... 731–TA–777 ..... India .................. Certain Preserved Mushrooms (2nd Review).Brandon Farlander (202) 482–0182. 

A–560–802 ....... 731–TA–778 ..... Indonesia .......... Certain Preserved Mushrooms (2nd Review).Brandon Farlander (202) 482–0182. 


PWALKER on DSK8KYBLC1PROD with NOTICES