Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 31241 

2See Glycine from the People’s Republic of 

China: Final Results of Antidumping Duty 

Administrative Review and Final Rescission, in Part 

72 FR 58809 (October 17, 2007), and accompanying 

Issues and Decision Memorandum at Comment 2. 

rebuts, clarifies, or corrects information 

recently placed on the record.2

Interested parties may submit case 

briefs and/or written comments no later 

than 30 days after the date of 

publication of these preliminary results 

of this administrative review. See 19 

CFR 351.309(c)(ii). Rebuttal briefs and 

rebuttals to written comments, limited 

to issues raised in such briefs or 

comments, may be filed no later than 

five days after the deadline for 

submitting the case briefs. See 19 CFR 

351.309(d). The Department requests 

that interested parties provide an 

executive summary of each argument 

contained within the case briefs and 

rebuttal briefs. 

Any interested party may request a 

hearing within 30 days of publication of 

these preliminary results. See 19 CFR 

351.310(c). Requests should contain the 

following information: (1) The party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of the issues to be discussed. Oral 

presentations will be limited to issues 

raised in the briefs. If we receive a 

request for a hearing, we plan to hold 

the hearing seven days after the 

deadline for submission of the rebuttal 

briefs at the U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

The Department intends to issue the 

final results of this administrative 

review, which will include the results of 

its analysis raised in any such 

comments, within 120 days of 

publication of this preliminary result, 

pursuant to section 751(a)(3)(A) of the 

Act. 

Assessment Rates 

Upon completion of the final results, 

pursuant to 19 CFR 351.212(b), the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries on an ad valorem 

basis. The Department intends to issue 

assessment instructions to CBP 15 days 

after the date of publication of the final 

results of review. If these preliminary 

results are adopted in our final results 

of review, the Department shall 

determine, and CBP shall assess, 

antidumping duties on all appropriate 

entries. Pursuant to 19 CFR 

351.212(b)(1), we will calculate 

importer-specific (or customer) duty 

assessment rates. We will instruct CBP 

to assess antidumping duties on all 

appropriate entries covered by this 

review if any importer-specific 

assessment rate calculated in the final 

results of this is above de minimis, i.e., 

less than 0.50 percent. 

Cash-Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of subject merchandise from Itochu 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided for by 

section 751(a)(2)(C) of the Act: (1) For 

subject merchandise exported by Itochu, 

no deposit will be required; (2) for 

companies previously found to be 

entitled to a separate rate in a prior 

segment of the proceeding, and for 

which no review has been requested, 

the cash deposit rate will continue to be 

the rate established in the most recent 

review of that company; (3) for all other 

PRC exporters, the cash deposit rate will 

be 51.74 percent, the PRC country-wide 

ad valorem rate; and (4) for non-PRC 

exporters of subject merchandise from 

the PRC to the United States, the cash 

deposit rate will be the rate applicable 

to the PRC exporter that supplied that 

non-PRC exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a preliminary 

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 POR. 

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. 

We are issuing and publishing this 

determination in accordance with 

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

and 351.221(b)(4). 

Dated: June 23, 2009. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E9–15454 Filed 6–29–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic From the People’s 

Republic of China: Initiation of New 

Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) has determined that 

a request for a new shipper review of 

the antidumping duty order on fresh 

garlic from the People’s Republic of 

China (‘‘PRC’’), received on May 21, 

2009, meets the statutory and regulatory 

requirements for initiation. The period 

of review (‘‘POR’’) of this new shipper 

review is November 1, 2008 through 

April 30, 2009. 

DATES: Effective Date: June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Martha Douthit, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–5050. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice announcing the 

antidumping duty order on fresh garlic 

from the PRC was published on 

November 16, 1994. See Antidumping 

Duty Order: Fresh Garlic from the 

People’s Republic of China, 59 FR 59209 

(November 16, 1994) (‘‘Order’’). On May 

21, 2009, we received a timely request 

for a new shipper review from Qingdao 

Sea-line International Trading Co., Ltd. 

(‘‘Sea-line’’) in accordance with 19 CFR 

351.214(c) and 351.214(d)(2). Sea-line 

has certified that it is the exporter of all 

of the fresh garlic it exported to the 

United States, which is the basis for its 

request for a new shipper review. 

Pursuant to the requirements set forth 

in 19 CFR 351.214(b)(2)(ii), in its 

request for a new shipper review, Sealine, as an exporter, certified that (1) It 

did not export fresh garlic to the United 

States during the period of investigation 

(‘‘POI’’); (2) since the initiation of the 

investigation, it has never been affiliated 

with any company that exported subject 

merchandise to the United States during 

the POI, including any exporter or 

producer not individually examined 

during the investigation; and (3) its 

export activities are not controlled by 

the central government of the PRC. In 

addition, Jinxiang County Juxinyuan 

Trading Co., Ltd. (‘‘Juxinyuan 


sroberts on PROD1PC70 with NOTICES6
31242 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 

Trading’’), the producer of the subject 

merchandise, certified that it did not 

export the subject merchandise to the 

United States during the POI. In 

addition, pursuant to section 

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

351.214(b)(2)(iii)(A), Sea-line certified 

that, since the initiation of the 

investigation, it has never been affiliated 

with any Chinese exporter or producer 

who exported steel nails to the United 

States during the POI, including those 

not individually examined during the 

investigation has not been affiliated 

with . In accordance with 19 CFR 

351.214(b)(2)(iv), Sea-line submitted 

documentation establishing the 

following: (1) The date on which it first 

shipped fresh garlic for export to the 

United States and the date on which 

fresh garlic were first entered, or 

withdrawn from warehouse, for 

consumption; (2) the volume of its first 

shipment; and (3) the date of its first 

sale to an unaffiliated customer in the 

United States. 

Initiation of New Shipper Review 

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

Tariff Act of 1930, as amended (the 

‘‘Act’’) and 19 CFR 351.214(d)(1), we 

find that the request submitted by Sealine meets the threshold requirements 

for initiation of a new shipper review 

for shipments of fresh garlic from the 

PRC, exported by Sea-line and produced 

by Juxinyuan Trading. See 

Memorandum to the File through 

Barbara E. Tillman, Director, AD/CVD 

Operations, Office 6, Fresh Garlic from 

the People’s Republic of China: 

Initiation of Antidumping New Shipper 

Review, dated concurrently with this 

notice. See 19 CFR 351.214(g)(1)(i)(B). 

The Department will conduct this 

review according to the deadlines set 

forth in section 751(a)(2)(B)(iv) of the 

Act. It is the Department’s usual 

practice, in cases involving non-market 

economies, 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 Sea-line, which 

will include a separate rate section. The 

review will proceed if the response 

provides sufficient indication that Sealine is not subject to either de jure or de 

facto government control with respect to 

its export of fresh garlic. 

On August 17, 2006, the Pension 

Protection Act of 2006, Public Law 109– 

280, (‘‘H.R. 4’’), was signed into law. 

Section 1632 of H.R. 4 temporarily 

suspended the authority of the 

Department to instruct U.S. Customs 

and Border Protection to collect a bond 

or other security in lieu of a cash 

deposit in new shipper reviews initiated 

during the period April 1, 2006 through 

June 30, 2009. Therefore, the posting of 

a bond or other security under section 

751(a)(2)(B)(iii) of the Act in lieu of a 

cash deposit is not available in this case. 

Importers of fresh garlic, exported by 

Sea-line, must continue to post a cash 

deposit of estimated antidumping duties 

on each entry of subject merchandise at 

the per unit PRC-wide rate. 

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 in 

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

the Act and 19 CFR 351.214 and 

351.221(c)(1)(i). 

Dated: June 24, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–15459 Filed 6–29–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–810] 

Certain Welded Stainless Steel Pipes 

From the Republic of Korea: Final 

Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On December 24, 2008, the 

Department of Commerce (the 

Department) published the preliminary 

results of administrative review of the 

antidumping duty order on certain 

welded stainless steel pipes (WSSP) 

from the Republic of Korea. The review 

was requested by Bristol Metals LLC 

(domestic interested party), and covers 

one producer of the subject 

merchandise, SeAH Steel Corporation 

(SeAH). The period of review (POR) is 

December 1, 2006 through November 

30, 2007. Based on our analysis of the 

comments received, we have made 

changes to the preliminary results, 

which are discussed in the ‘‘Changes 

Since the Preliminary Results’’ section 

below. For the final dumping margin, 

see the ‘‘Final Results of Review’’ 

section below. 

DATES: Effective Date: June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Myrna Lobo, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–2371. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 24, 2008, the 

Department published in the Federal 

Register the preliminary results of the 

administrative review of the 

antidumping duty order on WSSP from 

the Republic of Korea. See Certain 

Welded Stainless Steel Pipes from the 

Republic of Korea: Preliminary Results 

of Antidumping Duty Administrative 

Review, 73 FR 79050 (December 24, 

2008) (Preliminary Results). In the 

preliminary results, the Department 

explained it intended to solicit quarterly 

pipe cost of production (COP) and 

constructed value (CV) information from 

SeAH after the preliminary results. On 

January 15, 2009, the Department issued 

a supplemental section D questionnaire 

requesting the quarterly cost 

information. On January 26, 2009, SeAH 

submitted its response. After evaluating 

the information, on April 29, 2009, the 

Department issued its preliminary 

decision to adjust the COP and CV 

information. See Memorandum from 

Gina Lee, Senior Accountant to Neal M. 

Halper, Director, Office of Accounting, 

Proposed Adjustments to the Cost of 

Production and Constructed Value 

Information—SeAH Steel Corporation 

dated April 29, 2009. 

The Department conducted sales and 

cost verifications of SeAH in Seoul, 

South Korea in February 2009 and 

March 2009, and a sales verification of 

SeAH’s U.S. affiliate, Pusan Pipe 

America (PPA) in April 2009. See the 

‘‘Verification’’ section below for 

additional information. 

On April 2, 2009, the Department 

extended the deadline for the final 

results from April 23, 2009 to June 22, 

2009. See Welded ASTM A–312 

Stainless Steel Pipe From South Korea: 

Extension of Time Limit for Final 

Results of Antidumping Duty 

Administrative Review, 74 FR 14959 

(April 2, 2009). 

The Department invited parties to 

comment on the Preliminary Results, 

the preliminary decision to adjust COP 

and CV information, and the verification 

reports. On May 4, 2009, the 

Department extended the deadlines for 

case briefs and rebuttal briefs. On May 

11, 2009, the domestic interested party 

and respondent filed timely case briefs. 


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