[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14771-14772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7292]


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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.

SUPPLEMENTARY INFORMATION:

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 section 351.213 (2007) of the Department of Commerce (the 
Department) regulations, that the Department conduct an administrative 
review of that antidumping or countervailing duty order, finding, or 
suspended investigation.

Respondent Selection

    In the event the Department limits the number of respondents for 
individual examination for administrative review initiated pursuant to 
requests made for the orders identified below, 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. We intend to release 
the CBP data under Administrative Protective Order (APO) to all parties 
having an APO within five days of publication of the initiation notice 
and made our decision regarding respondent selection within 20 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 
10 calendar days of publication of the Federal Register initiation 
notice.

Opportunity to Request a Review:

    Not later than the last day of April 2009\1\, interested parties 
may request administrative review of the following orders, findings, or 
suspended investigations, with anniversary dates in April 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.

------------------------------------------------------------------------
  Antidumping Duty Proceedings                    Period
------------------------------------------------------------------------
FRANCE: Sorbitol...............
A-427-001......................                         4/1/08 - 3/31/09
NORWAY: Fresh and Chilled
 Atlantic Salmon...............
A-403-801......................                         4/1/08 - 3/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Activated Carbon..............
A-570-904......................                         4/1/08 - 3/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Magnesium Metal...............
A-570-896......................                         4/1/08 - 3/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Non-Malleable Cast Iron Pipe
 Fittings......................
A-570-875......................                         4/1/08 - 3/31/09
RUSSIA: Magnesium Metal........
A-821-819......................                         4/1/08 - 3/31/09
        Countervailing Duty
         Proceedings...........
NORWAY: Fresh and Chilled
 Atlantic Salmon...............
C-403-802......................                        1/1/08 - 12/31/08
        Suspension Agreements..
None...........................
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    In accordance with section 351.213(b) of the regulations, 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, and the requesting party 
must state why it desires the Secretary to review those particular 
producers or exporters.\2\ 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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    \2\ If the review request involves a non-market economy country 
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 files a request 
for review is unable to locate the producer or exporter for

[[Page 14772]]

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 section 351.303(f)(3)(ii) of the regulations.
    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 & 
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 3065 of 
the main Commerce Building. Further, in accordance with section 
351.303(f)(l)(i) of the regulations, a copy of each request must be 
served on every party on the Department's service list.
    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 April 2009. If the Department does not receive, by 
the last day of April 2009, 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.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: March 19, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-7292 Filed 3-31-09; 8:45 am]
BILLING CODE 3510-DS-S