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withdrawn from warehouse, for 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 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22743 

initiated an antidumping duty new 

shipper review. See New Pneumatic 

Off–the-Road Tires from the People’s 

Republic of China: Initiation of New 

Shipper Review, 74 FR 56575 

(‘‘Initiation Notice’’). On March 22, 2009, 

OGF withdrew its request for a new 

shipper review. On April 12, 2010, we 

placed on the record and served to 

parties a memo stating that the 

Department intended to rescind the 

above–referenced new shipper review. 

We allowed parties to comment on the 

intended rescission by no later than 

April 19, 2010. See Memorandum to the 

File regarding: Withdrawal of Request 

for NSR from OGF, dated April 12, 

2010. On April 14, 2010, the 

Department received a letter from Titan 

Tire Corporation (‘‘Titan’’) stating that 

Titan had no objection to the 

Department’s intended rescission of the 

new shipper review. See Letter from 

Titan regarding: Comments on Proposed 

Rescission of New Shipper Review, 

dated April 14, 2010. 

Rescission of New Shipper Review 

19 CFR 351.214(f)(1) provides that the 

Department may rescind a new shipper 

review if the party that requested the 

review withdraws its request for review 

within 60 days of the date of publication 

of the notice of initiation of the 

requested review. Although OGF 

withdrew its request after the 60–day 

deadline, we find it reasonable to 

extend the deadline because we have 

not yet committed significant resources 

to the OGF new shipper review (e.g., we 

have not issued our preliminary results). 

Further, in this instance, no other 

company would be affected by a 

rescission, and we have received no 

objections from any party to OGF’s 

withdrawal of its request for this new 

shipper review. Based upon the above, 

we are rescinding the new shipper 

review of the antidumping duty order 

on OTR tires from the PRC with respect 

to OGF. See Hand Trucks and Certain 

Parts Thereof from the People’s 

Republic of China: Notice of Rescission 

of Antidumping Duty New Shipper 

Review, 74 FR 31911 (July 6, 2009) 

(rescinding new shipper review after 

60–day deadline on same grounds). As 

the Department is rescinding this new 

shipper review, we are not calculating a 

company–specific rate for OGF, and 

OGF will remain part of the PRC entity. 

Notifications 

Because OGF remains part of the PRC 

entity, its entries may be under review 

in the ongoing administrative review. 

Accordingly, the Department will not 

order liquidation of entries for OGF. The 

Department intends to issue liquidation 

instructions for the PRC entity, which 

will cover any entries by OGF, 15 days 

after publication of the final results of 

the ongoing administrative review. 

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. 

This notice also serves as the only 

reminder to parties subject to 

administrative protective orders (‘‘APO’’) 

of their responsibility concerning the 

return or destructions of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a). 

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 and notice in accordance 

with section 777(i) of the Act and 19 

CFR 351.214(f)(3). 

Dated: April 26, 2010. 

Edward C. Yang, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–10250 Filed 4–29–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Subsidy Programs Provided by 

Countries Exporting Softwood Lumber 

and Softwood Lumber Products to the 

United States; Request for Comment 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Department) seeks public comment on 

any subsidies, including stumpage 

subsidies, provided by certain countries 

exporting softwood lumber or softwood 

lumber products to the United States 

during the period July 1 through 

December 31, 2009. 

DATES: Comments must be submitted 

within thirty days after publication of 

this notice. 

ADDRESSES: Written comments (original 

and six copies) should be sent to the 

Secretary of Commerce, Attn: James 

Terpstra, Import Administration, APO/ 

Dockets Unit, Room 1870, U.S. 

Department of Commerce, 14th Street 

&Constitution Ave., NW., Washington, 

DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

James Terpstra, Import Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–3965. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 18, 2008, Section 805 of Title 

VIII of the Tariff Act of 1930 (the 

Softwood Lumber Act of 2008) was 

enacted into law. Under this provision, 

the Secretary of Commerce is mandated 

to submit to the appropriate 

Congressional committees a report every 

180 days on any subsidies provided by 

countries exporting softwood lumber or 

softwood lumber products to the United 

States, including stumpage subsidies. 

The Department submitted its last 

subsidy report on December 15, 2009. 

As part of its newest report, the 

Department intends to include a list of 

subsidy programs identified with 

sufficient clarity by the public in 

response to this notice. 

Request for Comment 

Given the large number of countries 

that export softwood lumber and 

softwood lumber products to the United 

States, we are soliciting public comment 

only on subsidies provided by countries 

whose exports accounted for at least one 

percent of total U.S. imports of softwood 

lumber by quantity, as classified under 

Harmonized Tariff Schedule code 

4407.1001 (which accounts for the vast 

majority of imports), during the period 

July 1 through December 31, 2009. 

Official U.S. import data published by 

the United States International Trade 

Commission Tariff and Trade DataWeb 

indicate that exports of softwood lumber 

from Canada and Chile each account for 

at least one percent of U.S. imports of 

softwood lumber products during that 

time period. We intend to rely on 

similar previous six-month periods to 

identify the countries subject to future 

reports on softwood lumber subsidies. 

For example, we will rely on U.S. 

imports of softwood lumber and 

softwood lumber products during the 

period January 1 through June 30, 2010, 

to select the countries subject to the 

next report. 

Under U.S. trade law, a subsidy exists 

where a government authority: (i) 

provides a financial contribution; (ii) 

provides any form of income or price 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1