Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22741 

1This public document and all other public 

Departmental documents are available on the public 

record located within the Central Records Unit 

(CRU), Room 1117 of the Commerce building. 2The CVD POI was January 1, 2006, through 

December 31, 2006. 

properly suspended for antidumping 

duties. The Department also confirmed 

by examining CBP data that Jingzhou 

Meihou’s entry was made during the 

POR as specified by the Department’s 

regulations. See 19 CFR 

351.214(g)(1)(i)(B). After examining CBP 

data, the Department requested 

additional information from Jingzhou 

Meihou. See letter to Jingzhou Meihou 

regarding, ‘‘Request for Antidumping 

and Countervailing Duty New Shipper 

Review of Raw Flexible Magnets from 

the People’s Republic of China,’’ dated 

April 8, 2010. On April 12, 2010, 

Jingzhou Meihou submitted its response 

to the Department’s request for 

additional information. See Jingzhou 

Meihou’s letter regarding, ‘‘Request for 

More Information regarding Initiation of 

Antidumping and Countervailing Duty 

new Shipper Reviews of raw Flexible 

Magnets from the People’s Republic of 

China,’’ dated April 12, 2010. 

Pursuant to 19 CFR 351.221(c)(1)(i), 

the Department will publish the notice 

of initiation of a new shipper review no 

later than the last day of the month 

following the anniversary month or 

semiannual anniversary month of the 

order. Thus, the deadline for publishing 

this notice of initiation is April 30, 

2010. 

Initiation of New Shipper Reviews 

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

Act and 19 CFR 351.214(d)(1), the 

Department finds that Jingzhou Meihou 

meets the threshold requirements for 

initiation of a new shipper review of its 

shipment of magnets from the PRC. See 

Memorandum to the File through 

Abdelali Elouaradia, Director, AD/CVD 

Operations, Office 4: Initiation of AD 

New Shipper Review of Jingzhou 

Meihou.: Raw Flexible Magnets from the 

People’s Republic of China, dated 

concurrently with this notice; and 

Jingzhou Meihou Checklist. 

The POR for the new shipper review 

of Jingzhou Meihou is September 1, 

2009, through February 28, 2010. See 19 

CFR 351.214(g)(1)(i)(B). The Department 

intends to issue the preliminary results 

of this review no later than 180 days 

from the date of initiation, and the final 

results of this review no later than 270 

days from the date of initiation. See 

section 751(a)(2)(B)(iv) of the Act. 

It is the Department’s usual practice, 

in cases involving non–market economy 

countries, to require that a company 

seeking to establish eligibility for an 

antidumping duty rate separate from the 

country–wide rate provide evidence of 

de jure and de facto absence of 

government control over the company’s 

export activities. Accordingly, we will 

issue a questionnaire to Jingzhou 

Meihou, which will include a separate 

rate section. The review of Jingzhou 

Meihou will proceed if the response 

provides sufficient indication that 

Jingzhou Meihou is not subject to either 

de jure or de facto government control 

with respect to its exports of magnets. 

We will instruct CBP to allow, at the 

option of the importer, the posting, until 

the completion of the review, of a bond 

or security in lieu of a cash deposit for 

certain entries of the subject 

merchandise from Jingzhou Meihou in 

accordance with section 751(a)(2)(B)(iii) 

of the Act and 19 CFR 351.214(e). 

Because Jingzhou Meihou certified that 

it both produces and exports the subject 

merchandise, the sales of which form 

the basis for its new shipper review 

request, we will instruct CBP to permit 

the use of a bond only for entries of 

subject merchandise which the 

respondent both produced and 

exported. 

Interested parties requiring access to 

proprietary information in this new 

shipper review should submit 

applications for disclosure under 

administrative protective order in 

accordance with 19 CFR 351.305 and 

351.306. 

This initiation and notice are 

published in accordance with section 

751(a)(2)(B) of the Act and 19 CFR 

351.214 and 351.221(c)(1)(i). 

Dated: April 26, 2010. 

Edward C. Yang, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–10176 Filed 4–29–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–923] 

Raw Flexible Magnets From the 

People’s Republic of China: Initiation 

of Countervailing Duty New Shipper 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: April 30, 2010. 

SUMMARY: The Department of Commerce 

(the Department) has determined that a 

request for a new shipper review of the 

countervailing duty (CVD) order on raw 

flexible magnets (RFM) from the 

People’s Republic of China (the PRC) 

meets the statutory and regulatory 

requirements for initiation. The period 

of review (POR) for the new shipper 

review is January 1, 2009, through 

February 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Johnson, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230, telephone: (202) 

482–4793. 

SUPPLEMENTARY INFORMATION: 

Background 

The CVD order on RFM from the PRC 

was published on September 17, 2008. 

See Raw Flexible Magnets from the 

People’s Republic of China: 

Countervailing Duty Order, 73 FR 53849 

(September 17, 2008). On March 29, 

2010, pursuant to section 751(a)(2)(B)(i) 

of the Tariff Act of 1930, as amended 

(the Act), and 19 CFR 351.214(c), the 

Department received a timely request 

for new shipper review from Jingzhou 

Meihou Flexible Magnet Company, Ltd. 

(Jingzhou Meihou). The company’s 

business proprietary version, however, 

was not properly bracketed. The 

Department, therefore, rejected that 

submission and requested that Jingzhou 

Meihou resubmit the request, which 

would be considered timely for 

consideration of a new shipper review. 

See Memorandum to the File from 

Kristen Johnson, Trade Analyst, AD/ 

CVD Operations, Office 3, regarding 

‘‘Jingzhou Meihou’s New Shipper 

Review Submission Rejected,’’ dated 

April 1, 2010.1 On April 5, 2010, 

Jingzhou Meihou resubmitted its new 

shipper review request. Jingzhou 

Meihou certified that it is both the 

exporter and producer of the subject 

merchandise upon which its request for 

a new shipper review is based. On April 

23, 2010, Magnum Magnetics 

Corporation (Petitioner) submitted 

comments regarding the request for new 

shipper review by Jingzhou Meihou. 

The Department is currently evaluating 

the comments submitted by Petitioner 

and will address the comments during 

the new shipper review. 

Pursuant to section 751(a)(2)(B)(i)(I) of 

the Act and 19 CFR 351.214(b)(2)(i), 

Jingzhou Meihou certified that it did not 

export RFM to the United States during 

the period of investigation (POI).2

Further, pursuant to section 

751(a)(2)(B)(i)(II) of the Act and 19 CFR 

351.214(b)(2)(iii)(A), Jingzhou Meihou 

certified that, since the initiation of the 

investigation, it has never been affiliated 

with any PRC exporter or producer who 

exported RFM to the United States 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
22742 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

3This shipment constitutes the only shipment 

that Jingzhou Meihou has made to the United 

States. 

during the POI, including those not 

individually examined during the 

investigation. 

In addition to the certifications 

described above, pursuant to 19 CFR 

351.214(b)(2)(iv), Jingzhou Meihou 

submitted documentation establishing 

the following: (1) the date on which 

Jingzhou Meihou first shipped RFM for 

export to the United States and the date 

on which the RFM were first entered, or 

withdrawn from warehouse, for 

consumption; (2) the volume of its first 

shipment;3 and (3) the date of its first 

sale to an unaffiliated customer in the 

United States. Jingzhou Meihou also 

certified that, in accordance with 19 

CFR 351.214(b)(2)(v), it has informed 

the Government of the People’s 

Republic of China that it will be 

required to provide a full response to 

the Department’s questionnaire. 

The Department conducted a U.S. 

Customs and Border Protection (CBP) 

database query and confirmed that the 

shipment of subject merchandise from 

Jingzhou Meihou entered the United 

States for consumption and liquidation 

of such entry was properly suspended 

for countervailing duties. After 

examining the CBP data, the Department 

requested additional information from 

Jingzhou Meihou. See letter to Jingzhou 

Meihou regarding, ‘‘Request for 

Antidumping and Countervailing Duty 

New Shipper Review of Raw Flexible 

Magnets from the People’s Republic of 

China,’’ dated April 8, 2010. On April 

12, 2010, Jingzhou Meihou submitted its 

response to the Department’s request for 

additional information. See Jingzhou 

Meihou’s letter regarding, ‘‘Request for 

More Information regarding Initiation of 

Antidumping and Countervailing Duty 

New Shipper Reviews of Raw Flexible 

Magnets from the People’s Republic of 

China,’’ dated April 12, 2010. 

Initiation of New Shipper Review 

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

Act and 19 CFR 351.214, the 

Department finds that Jingzhou Meihou 

meets the threshold requirements for 

initiation of a new shipper review of its 

shipment of RFM from the PRC. See 

Memorandum to the File through 

Melissa G. Skinner, Director, AD/CVD 

Operations, Office 3, from Kristen 

Johnson, Trade Analyst, AD/CVD 

Operations, Office 3, regarding 

‘‘Initiation of CVD New Shipper Review 

of Jingzhou Meihou: Raw Flexible 

Magnets from the People’s Republic of 

China,’’ dated concurrently with this 

notice. 

The Department’s regulations state, in 

19 CFR 351.214(g)(2), that the POR for 

a CVD new shipper review will be the 

same period as that specified in 19 CFR 

351.213.(e)(2), which states that the 

Department normally will cover entries 

of subject merchandise during the most 

recently completed calendar year. 

However, the Department noted in the 

Preamble to its Final Regulations that 

the regulations continue to ‘‘provide the 

Department with sufficient flexibility to 

resolve any problems that may arise by 

modifying the standard review period.’’ 

See Antidumping Duties; Countervailing 

Duties; Final Rule, 62 FR 27320 (May 

19, 1997) (Preamble). The Department’s 

regulations permit a party to file a 

request for a new shipper review during 

the six month period preceding the 

anniversary month and the six month 

period preceding the semiannual 

anniversary month. If a calendar year 

standard is utilized, as noted in the 

Department’s regulations, Jingzhou 

Meihou’s entry would not be covered in 

the review. Therefore, the review period 

for this new shipper review will be 

January 1, 2009, through February 28, 

2010. 

Pursuant to 19 CFR 351.221(c)(1)(i), 

the Department will publish the notice 

of initiation of a new shipper review no 

later than the last day of the month 

following the anniversary month or 

semiannual anniversary month of the 

order. Thus, the deadline for publishing 

this notice of initiation is April 30, 

2010. 

The Department intends to issue the 

preliminary results of this review no 

later than 180 days after the date of 

initiation, and the final results of this 

review no later than 90 days after the 

date on which the preliminary results 

are issued. See 19 CFR 351.214(i). 

We will instruct CBP to allow, at the 

option of the importer, the posting, until 

the completion of the review, of a bond 

or security in lieu of a cash deposit for 

certain entries of the subject 

merchandise from Jingzhou Meihou in 

accordance with section 751(a)(2)(B)(iii) 

of the Act and 19 CFR 351.214(e). 

Because Jingzhou Meihou certified that 

it both produces and exports the subject 

merchandise, the sales of which form 

the basis for its new shipper review 

request, we will instruct CBP to permit 

the use of a bond only for entries of 

subject merchandise which the 

respondent both produced and 

exported. 

Interested parties requiring access to 

proprietary information in this new 

shipper review should submit 

applications for disclosure under 

administrative protective order in 

accordance with 19 CFR 351.305 and 

351.306. 

This initiation and notice are 

published in accordance with section 

751(a)(2)(B) of the Act and 19 CFR 

351.214 and 351.221(c)(1)(i). 

Dated: April 22, 2010. 

Edward C. Yang, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–10170 Filed 4–29–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–912] 

New Pneumatic Off–the-Road Tires 

From the People’s Republic of China: 

Rescission of New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: April 30, 2010. 

SUMMARY: In response to a request from 

Yituo Orient Good Friend Tyre Co., Ltd., 

(‘‘OGF’’), the Department of Commerce 

(the ‘‘Department’’) published on 

November 2, 2009, a Federal Register 

notice announcing the initiation of a 

new shipper review of the antidumping 

duty order on new pneumatic off–theroad tires (‘‘OTR tires’’) from the 

People’s Republic of China (‘‘PRC’’) for 

the period February 20, 2008, through 

August 31, 2009. On March 22, 2010, 

OGF withdrew its request for a new 

shipper review. Therefore, we are 

rescinding this new shipper review with 

respect to OGF. 

FOR FURTHER INFORMATION CONTACT: John 

Hollwitz or Charles Riggle, AD/CVD 

Operations, Office 8, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–2336 and (202) 

482–0650, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 30, 2009, the 

Department received a timely request 

from OGF in accordance with section 

751(a)(2)(B)(i) of the Tariff Act of 1930, 

as amended (the ‘‘Act’’), and 19 CFR 

351.214(c), for a new shipper review of 

the antidumping duty order on OTR 

tires from the PRC. On November 2, 

2009, the Department found that the 

request for review with respect to OGF 

met all of the regulatory requirements 

set forth in 19 CFR 351.214(b) and 


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