46586 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 

1The Department issued the initiation notice on 

April 8, 2008, and the initiation was published in 

the Federal Register on April 15, 2008. 

they made no POR shipments of subject 

merchandise for which they had 

knowledge of U.S. destination. In such 

instances, we will instruct CBP to 

liquidate unreviewed entries at the all–

others rate established in the LTFV 

investigation if there is no rate for the 

intermediate company(ies) involved in 

the transaction. 

Cash Deposit Requirements 

Further, the following deposit 

requirements will be effective for all 

shipments of certain orange juice from 

Brazil entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of the final results 

of this administrative review, as 

provided for by section 751(a)(2)(C) of 

the Act: 1) the cash deposit rates for the 

reviewed companies will be the rates 

shown above, except if the rate is less 

than 0.50 percent, de minimis within 

the meaning of 19 CFR 351.106(c)(1), 

the cash deposit will be zero; 2) for 

previously investigated companies not 

listed above, 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, or the 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) the cash deposit 

rate for all other manufacturers or 

exporters will continue to be 16.51 

percent, the all–others rate established 

in the LTFV investigation. See 

Antidumping Duty Order: Certain 

Orange Juice from Brazil, 72 FR 12183 

(Mar. 9, 2006). 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 

results of review in accordance with 

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

Act and section 351.221(b)(5) of the 

Department’s regulations. 

Dated: August 5, 2008. 

David M. Spooner. 

Assistant Secretary for Import 

Administration. 

Appendix Issues in Decision 

Memorandum 

General Issues 

1. Offsetting of Negative Margins 

2. Granting an Offset for U.S. Duty 

Drawback 

3. Ministerial Errors in the Preliminary 

Results 

4. Universe of Reviewed U.S. Sales 

Transactions 

Company–Specific Issues 

5. Constructed Export Price (CEP) Offset 

for Cutrale 

6. Treating Sales to One of Cutrale’s 

Home Market Customers as Affiliated 

Party Transactions 

7. Calculation of CEP Profit for Cutrale 

8. The Calculation of the Denominator 

used in the General and Administrative 

(G&A) and Financial Expense Ratios for 

Cutrale 

9. Valuation of Fruit Purchased from 

Affiliates for Cutrale 

10. Inclusion of Export Financing 

Expenses in the Calculation of the 

Financial Expense Ratio for Cutrale 

11. Unit of Measure for Comparison 

Purposes for NFC for Fischer 

12. Product Matching Methodology for 

Fischer 

13. Granting a Quantity Adjustment for 

Fischer’s NFC Sales 

14. Fischer’s Home Market NFC Sales 

Used for Comparison Purposes 

15. The Application of Inventory 

Carrying Costs by Control Number for 

Fischer 

16. The Calculation of Harbor 

Maintenance Fees for One U.S. Sales 

Observation for Fischer 

17. Request to Treat Two of Fischer’s 

U.S. Sales as Export Price Transactions 

18. Fischer’s Raw Material Cost 

Allocation Methodology 

19. Calculation of Fischer’s G&A 

Expense Ratio 

[FR Doc. E8–18479 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–933 

Postponement of Preliminary 

Determination of Antidumping Duty 

Investigation: Frontseating Service 

Valves from the People’s Republic of 

China 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 11, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Eugene Degnan or Robert Bolling, 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) 482–0414 or (202) 482–

3434, respectively. 

SUPPLEMENTARY INFORMATION: 

Postponement of Preliminary 

Determination 

On April 8, 2008, the Department of 

Commerce (‘‘the Department’’) initiated 

an antidumping duty investigation on 

frontseating service valves from the 

People’s Republic of China. See Notice 

of Initiation of Antidumping Duty 

Investigation: Frontseating Service 

Valves from the People’s Republic of 

China, 73 FR 20250 (April 15, 2008).1

The notice of initiation stated that the 

Department would issue its preliminary 

determination no later than 140 days 

after the date of issuance of the 

initiation, in accordance with section 

733(b)(1)(A) of the Tariff Act of 1930, as 

amended (‘‘the Act’’). The preliminary 

determination is currently due no later 

than August 26, 2008. 

On July 30, 2008, the petitioner, 

Parker–Hannifin Corporation, made a 

timely request, pursuant to 19 CFR 

351.205(b)(2) and (e), for a 50-day 

postponement of the preliminary 

determination. Because there are no 

compelling reasons to deny the request, 

in accordance with section 733(c)(1)(A) 

of the Act, the Department is postponing 

the deadline for the preliminary 

determination under by 50 days to no 

later than October 15, 2008. The 

deadline for the final determination will 

continue to be 75 days after the date of 

the preliminary determination, unless 

extended. 

This notice is issued and published 

pursuant to section 733(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 


rmajette on PRODPC74 with NOTICES
Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 46587 

1Petitioner first raised the issue of alleged 

transshipment by Ferro–Alliages in its November 

13, 2007, submission to the Department. See 

Petitioner’s November 13, 2007, submission, at page 

1. The Department addressed these allegations in its 

Preliminary Results. See Preliminary Results, 73 FR 

at 12379. 

Dated: August 5, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–18478 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–806 

Final Results and Final Partial 

Rescission of Antidumping Duty 

Administrative Review: Silicon Metal 

From the People’s Republic of China 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 11, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Susan Pulongbarit or Scot Fullerton, 

AD/CVD Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–4031 and (202) 

482–1386, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 1, 2007, the Department 

published a notice of opportunity to 

request an administrative review of the 

antidumping duty order on silicon 

metal from the People’s Republic of 

China (‘‘PRC’’) for the period of review 

(‘‘POR’’) June 1, 2006, through May 31, 

2007. See Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

to Request Administrative Review, 72 

FR 30542 (June 1, 2007). On July 2, 

2007, Globe Metallurgical Inc. 

(‘‘Petitioner’’), requested that the 

Department conduct an administrative 

review of 18 companies (collectively, 

‘‘Respondents’’). On August 6, 2007, the 

Department published a notice of 

initiation of an antidumping duty 

administrative review on silicon metal 

from the PRC, in which it initiated a 

review of these Respondents. See Notice 

of Initiation of the Administrative 

Review of the Antidumping Duty Order 

on Silicon Metal from the People’s 

Republic of China, 72 FR 43597 (August 

6, 2007) (‘‘Initiation Notice’’). 

On March 7, 2008, we preliminarily 

rescinded this review for certain 

companies based on evidence on the 

record indicating that there were no 

entries into the United States, and 

applied adverse facts available (‘‘AFA’’) 

to other companies which did not 

respond to our quantity and value 

(‘‘Q&V’’) questionnaire. See Silicon 

Metal From The People’s Republic of 

China: Preliminary Results and 

Preliminary Partial Rescission of 

Antidumping Duty Administrative 

Review, 73 FR 12378 (March 7, 2008) 

(‘‘Preliminary Results’’). We invited 

interested parties to submit comments 

on our Preliminary Results. We received 

a case brief from Petitioner on April 8, 

2008 (‘‘Petitioner Case Brief’’). No other 

comments were submitted by any 

interested party. On June 12, 2008, we 

held public and closed hearings, and the 

transcripts for these hearings were 

placed on the record on June 19, 2008. 

Scope of the Order 

The product covered by the order is 

silicon metal containing at least 96.00 

but less than 99.99 percent of silicon by 

weight, and silicon metal with a higher 

aluminum content containing between 

89 and 96 percent silicon by weight. 

The subject merchandise is currently 

classifiable under item numbers 

2804.69.10 and 2804.69.50 of the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) as a chemical 

product, but is commonly referred to as 

a metal. Semiconductor–grade silicon 

(silicon metal containing by weight not 

less than 99.99 percent of silicon and 

provided for in subheading 2804.61.00 

of the HTSUS) is not subject to this 

order. This order is not limited to 

silicon metal used only as an alloy agent 

or in the chemical industry. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the 

merchandise is dispositive. 

Period of Review 

The POR is June 1, 2006, through May 

31, 2007. 

Analysis of Comments Received 

All issues raised in Petitioner’s April 

8, 2008 case brief are addressed in the 

Silicon Metal from the People’s 

Republic of China: Issues and Decision 

Memorandum for the Final Results in 

the 2006–2007 Administrative Review 

from Stephen J. Claeys, Deputy 

Assistant Secretary, to David M. 

Spooner, Assistant Secretary, dated 

August 4, 2008, (‘‘I&D Memo’’), which is 

hereby adopted by this notice. A list of 

the issues raised, all of which are 

addressed in the I&D Memo, is attached 

to this notice as Appendix I. Parties can 

find a complete discussion of all issues 

raised in the briefs and the 

corresponding recommendations in this 

public memorandum, which is on file in 

the Central Records Unit (‘‘CRU’’), room 

1117 of the Department of Commerce. In 

addition, a complete version of the I&D 

Memo can be accessed directly on the 

internet at http://trade.gov/ia. The paper 

copy and electronic version of the I&D 

Memo are identical in content. 

Final Rescission of Review 

In the Preliminary Results, the 

Department issued a notice of intent to 

rescind this administrative review with 

respect to certain companies, as Jiangxi 

Gangyuan Silicon Industry 

(‘‘Gangyuan’’); MPM Silicones, LLC 

(‘‘MPM’’); GE Silicones Canada (‘‘GE 

Silicones’’); Global Minerals Corp. 

(‘‘GMC’’); Transtrading House Ltd. 

(‘‘Transtrading’’); Lorbec Metals Ltd. 

(‘‘Lorbec’’); Carbonsi Mettalurgical Inc. 

(‘‘Carbonsi’’); Crown All Corporation 

(‘‘Crown All’’); Ferro–Alliages& 

Mineraux Inc. (‘‘Ferro–Alliages’’); 

Chemical & Alloy Inc. (‘‘C&A’’); 

IMMECC Resources Inc. (‘‘IMMECC’’); 

and Bomet (Canada) Inc. (‘‘Bomet’’), 

each certified that they did not export 

silicon metal from China to the United 

States during the POR. See Preliminary 

Results, 73 FR 12378. Subsequent to the 

Preliminary Results, Petitioners again 

claimed that record evidence indicated 

that Ferro–Alliages may have 

transshipped silicon metal to the United 

States through Canada that originated in 

China.1 See Petitioner Case Brief at 1–

12. Petitioner requested that, given these 

allegations, the Department should 

investigate whether Ferro–Alliages 

accurately reported the country of origin 

of the silicon metal that it shipped to 

the United States during the POR. For 

these final results, however, we have 

determined not to further investigate 

alleged Ferro–Alliages exports of PRC–

origin silicon metal, as CBP data 

indicate that no entries exist for PRC–

origin silicon metal exported to the 

United States by Ferro–Alliages. In 

addition, as this is an administrative 

review, not a circumvention or scope 

inquiry, we find that this is not the 

proper proceeding to pursue Petitioner’s 

claims. 

Because there is no information on 

the record which indicates that 

Gangyuan; MPM; GE Silicones; GMC; 

Transtrading; Lorbec; Carbonsi; Crown 

All; Ferro–Alliages; C&A; IMMECC; and 

Bomet made sales to the United States 

of subject merchandise during the POR, 

in accordance with 19 CFR 

351.213(d)(3) and consistent with our 

practice, we are rescinding this review 


rmajette on PRODPC74 with NOTICES