[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Pages 1333-1335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-276]


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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 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 reviews initiated pursuant to 
requests made for the orders identified below, except for the review of 
the antidumping duty order on Wooden Bedroom Furniture from the 
People's Republic of China (A-570-890), 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 
(``POR'').\1\ 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 to make 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.
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    \1\ If the Department limits the number of respondents selected 
for individual examination in the administrative review of the 
antidumping duty order on Wooden Bedroom Furniture from the People's 
Republic of China (``PRC'') (A-570-890), it intends to select 
respondents based on responses to quantity and value questionnaires 
sent to all companies for which the Department initiates a review.
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    If the Department limits the number of respondents selected for 
individual examination in the administrative review of the antidumping 
duty order on wooden bedroom furniture from the People's Republic of 
China (A-570-

[[Page 1334]]

890), it intends to select respondents based on volume data contained 
in responses to quantity and value questionnaires. Further, the 
Department intends to limit the number of quantity and value 
questionnaires issued in the wooden bedroom furniture review based on 
CBP data for U.S. imports classified under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') headings identified in the 
scope of the order. Since the units used to measure import quantities 
are not consistent for the HTSUS headings identified in the scope of 
the order on wooden bedroom furniture from the People's Republic of 
China, the Department will limit the number of quantity and value 
questionnaires issued based on the import values in CBP data as a proxy 
for import quantities. Parties subject to the review to which the 
Department does not send a quantity and value questionnaire may file a 
response to the quantity and value questionnaire by the applicable 
deadline if they desire to be included in the pool of companies from 
which the Department will select mandatory respondents. Additionally, 
exporters subject to the review to which the Department does not send a 
quantity and value questionnaire may file a separate rate application 
or separate rate certification, as appropriate, by the applicable 
deadline without filing a response to the quantity and value 
questionnaire.

OPPORTUNITY TO REQUEST A REVIEW:

    Not later than the last day of January 2010,\2\ interested parties 
may request administrative review of the following orders, findings, or 
suspended investigations, with anniversary dates in January for the 
following periods:
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    \2\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when the Department is 
closed.

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       Antidumping Duty Proceedings                    Period
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BRAZIL: Prestressed Concrete Steel Wire
 Strand...................................
A-351-837.................................             1/1/09 - 12/31/09
INDIA: Prestressed Concrete Steel Wire
 Strand...................................
A-533-828.................................             1/1/09 - 12/31/09
MEXICO: Prestressed Concrete Steel Wire
 Strand...................................
A-201-831.................................             1/1/09 - 12/31/09
SOUTH AFRICA: Ferrovanadium...............
A-791-815.................................             1/1/09 - 12/31/09
SOUTH KOREA: Prestressed Concrete Steel
 Wire Strand..............................
A-580-852.................................             1/1/09 - 12/31/09
SOUTH KOREA: Top-of-the Stove Stainless
 Steel Cooking Ware.......................
A-580-601.................................             1/1/09 - 12/31/09
THAILAND: Prestressed Concrete Steel Wire
 Strand...................................
A-549-820.................................             1/1/09 - 12/31/09
THE PEOPLE'S REPUBLIC OF CHINA: Crepe
 Paper Products...........................
A-570-895.................................             1/1/09 - 12/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Ferrovanadium............................
A-570-873.................................             1/1/09 - 12/31/09
THE PEOPLE'S REPUBLIC OF CHINA: Folding
 Gift Boxes...............................
A-570-866.................................             1/1/09 - 12/31/09
THE PEOPLE'S REPUBLIC OF CHINA: Potassium
 Permanganate.............................
A-570-001.................................             1/1/09 - 12/31/09
THE PEOPLE'S REPUBLIC OF CHINA: Wooden
 Bedroom Furniture........................
A-570-890.................................             1/1/09 - 12/31/09
        Countervailing Duty Proceedings...
SOUTH KOREA: Top-of-the-Stove Stainless
 Steel Cooking Ware.......................
C-580-602.................................             1/1/09 - 12/31/09
        Suspension Agreements.............
MEXICO: Fresh Tomatoes....................
A-201-820.................................             1/1/09 - 12/31/09
RUSSIA: Certain Cut-to-Length Carbon Steel
 Plate....................................
A-821-808.................................             1/1/09 - 12/31/09
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    In accordance with 19 CFR 351.213(b), 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. In addition, a domestic interested 
party or an interested party described in section 771(9)(B) of the Act 
must state why it desires the Secretary to review those particular 
producers or exporters.\3\ 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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    \3\ If the review request involves a non-market economy 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 which it 
requested the review, the interested party must provide an explanation 
of the attempts it made to

[[Page 1335]]

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 and 
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), 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 January 2010. If the Department does not receive, by 
the last day of January 2010, 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.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional-measures ``gap'' period, of 
the order, if such a gap period is applicable to the POR.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: January 5, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-276 Filed 1-8-04; 8:45 am]
BILLING CODE 3510-DS-S