Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices 50955 

Comment 6: Calculation of Yield Loss 

Factor 

Comment 7: Financial Ratios 

Comment 8: Whether to Calculate 

Separate Financial Ratios for Whole 

Garlic and Peeled Garlic 

[FR Doc. E9–23834 Filed 10–1–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–855] 

Non–Frozen Apple Juice Concentrate 

from the People’s Republic of China: 

Final Results for the Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department is conducting 

an administrative review of this Order, 

covering the period of review (‘‘POR’’) 

of June 1, 2007, - May 31, 2008. The 

Department preliminarily found that 

Itochu Corporation and its wholly– 

owned subsidiaries, Yitian Juice 

(Shaanxi) Co., Ltd. and Laiyang Yitian 

Juice Co., Ltd., (collectively known as 

‘‘Itochu’’) did not sell the subject 

merchandise at less than normal value 

(‘‘NV’’) and thus assigned a zero margin 

for the POR. See Non–Frozen Apple 

Juice Concentrate from the People’s 

Republic of China: Preliminary Results 

for the Administrative Review, 74 FR 

31238 (June 30, 2009) (‘‘Preliminary 

Results’’). Based upon our analysis of 

comments received, the Department 

made no changes to the margin 

calculations in the final results. 

Therefore, we will instruct the U.S. 

Customs and Border Protection (‘‘CBP’’) 

to assess antidumping duties on entries 

of subject merchandise during the POR 

for which the importer–specific 

assessment rates are above de minimis. 

EFFECTIVE DATE: October 2, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Alexis Polovina, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Ave, NW, 

Washington DC 20230; telephone (202) 

482–3927. 

SUPPLEMENTARY INFORMATION: 

CASE HISTORY 

On June 5, 2000, the Department of 

Commerce (‘‘Department’’) published in 

the Federal Register the antidumping 

duty order on certain non–frozen apple 

juice concentrate from the People’s 

Republic of China (‘‘PRC’’). See Notice 

of Amended Final Determination of 

Sales at Less Than Fair Value and 

Antidumping Duty Order: Certain Non– 

Frozen Apple Juice Concentrate from 

the People’s Republic of China, 65 FR 

35606 (June 5, 2000) (‘‘Order’’). On June 

30, 2009, the Department published in 

the Federal Register the Preliminary 

Results of this administrative review. 

On July 17, 2009, Itochu filed comments 

regarding the Department’s Preliminary 

Results. On July 22, 2009, The 

Department subsequently rejected these 

comments as they contained an 

untimely submission of new factual 

information. See Memorandum to the 

File, from Alexis Polovina, Case 

Analyst, Office 9, through Alex 

Villanueva, Program Manager, Office 9, 

regarding ‘‘Administrative Review of 

Apple Juice Concentrate from the 

People’s Republic of China: Rejection of 

New Information’’ dated July 22, 2009 

(‘‘Rejection of New Information’’). As 

the deadline to submit case briefs was 

July 30, 2009, the Department allowed 

Itochu to resubmit their case brief. 

Itochu submitted a revised case brief on 

July 30, 2009. No other party filed 

comments and no party requested a 

public hearing. 

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 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. 

ANALYSIS OF COMMENTS RECEIVED 

All issues raised in the comments by 

Itochu are addressed in the concurrent 

Issues and Decision Memorandum 

(‘‘Issues and Decision Memo’’), which is 

hereby adopted by this notice. A list of 

the issues which Itochu raised and to 

which we respond in the Issues and 

Decision Memo is attached to this notice 

as an Appendix. The Issues and 

Decision Memo is a public document 

and is on file in the Central Records 

Unit (‘‘CRU’’), Main Commerce 

Building, Room 1117, and is accessible 

on the Web at http://www.trade.gov/ia. 

The paper copy and the electronic 

version of the memorandum are 

identical in content. 

FINAL RESULTS OF THE REVIEW 

The Department has determined that 

the final dumping margin for the POR 

is: 

NON–FROZEN APPLE JUICE

CONCENTRATE FROM THE PRC 

Exporter Weighted–Average 

Margin (Percent) 

Itochu Corporation ........ 0.00 

ASSESSMENT RATES 

Upon issuance of the final results, the 

Department will determine, and the CBP 

shall assess, antidumping duties on all 

appropriate entries on an ad valorem 

basis. The Department intends to issue 

assessment instructions to CBP 15 days 

after the date of publication of the final 

results of review. Pursuant to 19 CFR 

351.212(b)(1), we will calculate 

importer–specific (or customer) duty 

assessment rates based on the ratio of 

the total amount of dumping margins 

calculated for the examined sales to the 

total entered value of those same 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. 

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 subject merchandise from Itochu 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided for by 

section 751(a)(2)(C) of the Tariff Act of 

1930, as amended (‘‘Act’’):(1) For 

subject merchandise exported by Itochu, 

no deposit will be required; (2) for 

companies previously found to be 

entitled to a separate rate in prior 

segments of the proceeding, and for 

which no review has been requested, 

the cash deposit rate will continue to be 

the rate established in the most recent 

review of that company; (3) for all other 

PRC exporters, the cash deposit rate will 

be 51.74 percent, the PRC country–wide 

ad–valorem rate; and (4) for non–PRC 

exporters of subject merchandise from 


pwalker on DSK8KYBLC1PROD with NOTICES
50956 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices 

1See Notice of Antidumping Duty Order: Steel 

Wire Garment Hangers from the People’s Republic 

of China, 73 FR 58111 (Oct. 6, 2008) (‘‘Order’’). 

2The Department received requests from 

American Hanger and Fixture Corporation on 

December 1, 2008, and from Econoco Corporation 

on December 3, 2008, for a scope ruling on whether 

its imports of chrome-plated hangers with a 

diameter of 4.0 mm and 3.4 mm, respectively, are 

covered by the Order. However, because the 

Department is, herein, revoking the Order, in part, 

as it applies to imports of chrome-plated steel wire 

garment hangers with a diameter of 3.4 mm or 

greater, we find that it is unnecessary to 

individually examine these scope requests as the 

products in question have been excluded from the 

scope of the Order through the final results of this 

changed circumstances review. 

the PRC to the United States, the cash 

deposit rate will be the rate applicable 

to the PRC exporter that supplied that 

non–PRC exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

REIMBURSEMENT OF DUTIES 

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 POR. Failure to comply with 

this requirement could result in the 

Sectary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

ADMINISTRATIVE PROTECTIVE 

ORDERS 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (‘‘APO’’) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. Timely written notification 

of the return/destruction of APO 

materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation, 

which is subject to sanction. 

We are issuing and publishing this 

determination in accordance with 

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

and 351.221(b)(5). 

Dated: September 25, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix—Issues and Decision 

Memorandum 

Comment 1: Calculation of the 

Denominator 

Comment 2: Rejection of New 

Information 

[FR Doc. E9–23836 Filed 10–1–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–918] 

Steel Wire Garment Hangers From the 

People’s Republic of China: Final 

Results of Changed Circumstances 

Review, and Revocation in Part of 

Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce 

DATES: Effective Date: October 2, 2009. 

SUMMARY: On March 19, 2009, the 

Department of Commerce 

(‘‘Department’’) published a notice of 

initiation and preliminary results of 

antidumping duty changed 

circumstances review with intent to 

revoke, in part, the antidumping duty 

order 1 on steel wire garment hangers 

from the People’s Republic of China 

(‘‘PRC’’) in the Federal Register. See 

Steel Wire Garment Hangers from the 

People’s Republic of China: Initiation 

and Preliminary Results of Changed 

Circumstances Review, and Intent to 

Revoke Order in Part, 74 FR 11713 

(March 19, 2009) (‘‘Initiation and 

Preliminary Results’’). The Department 

is now revoking the Order, in part, with 

regard to the following product: chromeplated steel wire garment hangers with 

a diameter of 3.4 mm or greater. 

FOR FURTHER INFORMATION CONTACT: 

Blaine Wiltse, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone (202) 

482–6345. 

Background 2

On February 3, 2009, the Department 

received a request on behalf of M&B 

Metal Products Company, Inc. 

(‘‘Petitioner’’), for revocation, in part, of 

the Order, pursuant to sections 751(b)(1) 

and 782(h) of the Tariff Act of 1930, as 

amended (‘‘Act’’), with respect to 

chrome-plated steel wire garment 

hangers with a diameter of 3.4 mm or 

greater. In its submission, Petitioner 

stated that it no longer had any interest 

in seeking antidumping relief from 

imports of such chrome-plated steel 

wire garment hangers, as defined in the 

‘‘Scope of the Amended Order’’ section 

below. Petitioner further stated that 

domestic producers Shanti Industries 

Inc. (‘‘Shanti’’) and Metro Supply 

Company (‘‘Metro’’) (collectively, 

‘‘Supporters’’) support the request for a 

changed circumstances review that it 

filed on February 3, 2009. Additionally, 

Petitioner stated in its request that 

together it and the Supporters account 

for substantially all of the steel wire 

garment hangers production in the 

United States. 

On March 19, 2009, the Department 

published a notice of Initiation and 

Preliminary Results of changed 

circumstances review with intent to 

revoke, in part, the Order with regard to 

chrome-plated steel wire garment 

hangers with a diameter of 3.4 mm or 

greater. We invited parties to comment 

on the preliminary results. 

On April 1, 2009, the Department 

received comments from Merrick 

Engineering, Inc. (‘‘Merrick’’) in 

opposition to the changed 

circumstances review, challenging 

Petitioner and Supporters’ claim that 

they represent substantially all 

production of the domestic like product. 

The Department received surrebuttal 

comments from Econoco Corporation on 

April 8, 2009, and from both Petitioner 

and Target Corporation on April 13, 

2009. 

On May 29, 2009, the Department 

requested domestic production data for 

the period April 1, 2008, through March 

31, 2009, from Merrick and Petitioner. 

On June 5, 2009, and June 8, 2009, 

Petitioner and Merrick submitted 

responses to the Department’s request 

for additional production information, 

respectively. On July 8, 2009, the 

Department requested that Petitioner 

and Merrick each submit their domestic 

production data, for the period April 1, 

2008, through March 31, 2009, in the 

form of individual monthly production 

totals. On July 15, 2009, Merrick 

submitted its monthly production data 

to the Department. On July 15, 2009, 

Petitioner submitted monthly 

production data for itself and the 

companies Shanti, and Ganchos N.V. 

(‘‘Ganchos’’). On July 17, 2009, 

Petitioner resubmitted its, Shanti’s, and 

Ganchos’ monthly production data and 

included monthly production data for 

Metro. On August 19, 2009, Merrick 


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