31252 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) has determined that 

a request for a new shipper review of 

the antidumping duty order on pure 

magnesium 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 May 1, 2008, through April 30, 

2009. 

DATES: Effective Date: June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: Lori 

Apodaca at (202) 482–4551, AD/CVD 

Operations, Office 8, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 12, 1995, the Department 

published in the Federal Register the 

antidumping duty order on pure 

magnesium from the PRC. See Notice of 

Antidumping Duty Orders: Pure 

Magnesium From the People’s Republic 

of China, the Russian Federation and 

Ukraine, 60 FR 25691 (May 12, 1995). 

Therefore, May is the anniversary 

month and a request for a new shipper 

review is timely filed if made during the 

six month period ending with the 

anniversary month. See 19 CFR 

351.214(d). On May 21, 2009, we 

received a new shipper review request 

from an exporter, Tianjin Xiangghaiqi 

Resources Import & Export Trade Co., 

Ltd. (‘‘TXR’’). On May 28, 2009, TXR 

submitted a certification from the 

manufacturer of its subject merchandise, 

Pan Asia Magnesium Co., Ltd. (‘‘PAM’’), 

certifying that PAM’s export activities 

are not controlled by the government of 

the PRC. Furthermore, on June 1, 2009, 

TXR submitted corrections to its May 

21, 2009, new shipper review request. 

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

the Tariff Act of 1930, as amended (the 

‘‘Act’’), and 19 CFR 351.214(b)(2)(ii)(A), 

TXR certified that it did not export pure 

magnesium to the United States during 

the period of investigation (‘‘POI’’). In 

addition, pursuant to section 

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

351.214(b)(2)(ii)(B), PAM, the producer 

of the pure magnesium exported by 

TXR, provided a certification 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), TXR and PAM 

certified that, since the initiation of the 

investigation, both have never been 

affiliated with any exporter or producer 

who exported pure magnesium to the 

United States during the POI, including 

those not individually examined during 

the investigation. As required by 19 CFR 

351.214(b)(2)(iii)(B), TXR and PAM also 

certified that their export activities were 

not controlled by the central 

government of the PRC. 

In addition to the certifications 

described above, pursuant to 19 CFR 

351.214(b)(2)(iv), TXR submitted 

documentation establishing the 

following: (1) The date on which it first 

shipped pure magnesium for export to 

the United States; (2) the volume of its 

first shipment; (3) the date when subject 

merchandise entered the United States 

for consumption; and (4) the date of its 

first sale to an unaffiliated customer in 

the United States. 

The Department requested a U.S. 

Customs and Border Protection (‘‘CBP’’) 

database query for the purpose of 

substantiating that TXR’s shipment of 

subject merchandise had entered the 

United States for consumption and that 

liquidation of such entries had been 

properly suspended for antidumping 

duties. The Department reviewed the 

CBP data and was able to verify that 

TXR’s shipment of subject merchandise 

had entered the United States for 

consumption and that liquidation of 

such entries had been properly 

suspended for antidumping duties. 

Initiation of New Shipper Review 

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

Act and 19 CFR 351.214, we find that 

the request submitted by TXR meets the 

threshold requirements for initiation of 

a new shipper review for shipments of 

pure magnesium from the PRC 

manufactured by PAM and exported by 

TXR. See Memorandum to the File, 

dated June 8, 2009, regarding TXR’s 

NSR Initiation Checklist. 

The POR is May 1, 2008, through 

April 30, 2009. See 19 CFR 

351.214(g)(1)(i)(A). We intend to issue 

preliminary results of this review no 

later than 180 days from the date of 

initiation, and 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 and 19 CFR 

351.214(h)(i)(1). 

On August 17, 2006, the Pension 

Protection Act of 2006 (‘‘H.R. 4’’) was 

signed into law. Section 1632 of H.R. 4 

temporarily suspends the authority of 

the Department to instruct U.S. CBP to 

collect a bond or other security in lieu 

of a cash deposit in new shipper 

reviews 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 pure 

magnesium manufactured by PAM and 

exported by TXR must continue to post 

cash deposits of estimated antidumping 

duties on each entry of subject 

merchandise at the current PRC-wide 

rate of 108.26 percent. 

Interested parties that need 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: June 25, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–15488 Filed 6–29–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Miami University, et al. 

Notice of Consolidated Decision on 

Applicationsfor Duty–Free Entry of 

Electron Microscopes 

This is a decision consolidated pursuant 

to Section 6(c) of the Educational, 

Scientific, and Cultural Materials 

Importation Act of 1966 (Pub. L. 89– 

651, as amended by Pub. L. 106–36; 80 

Stat. 897; 15 CFR part 301). Related 

records can be viewed between 8:30 

A.M. and 5:00 P.M. in Room 3705, U.S. 

Department of Commerce, 14th and 

Constitution Avenue., NW, Washington, 

D.C. 

Docket Number: 09–014. Applicant: 

Miami University, Oxford, OH 45056. 

Instrument: Electron Microscope. 

Manufacturer: JEOL, Japan. Intended 

Use: See notice at 74 FR 23394, May 19, 

2009. 

Docket Number: 09–018. Applicant: 

Texas A&M University, College Station, 

TX 77843–4458. Instrument: Electron 

Microscope. Manufacturer: FEI 

Company, Czech Republic. Intended 

Use: See notice at 74 FR 23394, May 19, 

2009. 

Docket Number: 09–020. Applicant: 

Columbia University, New York, NY 

10032. Instrument: Electron Microscope. 

Manufacturer: FEI Company, the 

Netherlands. Intended Use: See notice at 

74 FR 23394, May 19, 2009. 

Comments: None received. Decision: 

Approved. No instrument of equivalent 

scientific value to the foreign 


sroberts on PROD1PC70 with NOTICES6
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 31253 

instrument, for such purposes as these 

instruments are intended to be used, 

was being manufactured in the United 

States at the time the instruments were 

ordered. Reasons: Each foreign 

instrument is an electron microscope 

and is intended for research or scientific 

educational uses requiring an electron 

microscope. We know of no electron 

microscope, or any other instrument 

suited to these purposes, which was 

being manufactured in the United States 

at the time of order of each instrument. 

Dated: June 22, 2009. 

Christopher Cassel, 

Acting Director. 

Subsidies Enforcement Office. 

Import Administration. 

[FR Doc. E9–15491 Filed 6–29–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Princeton University 

Notice of Decision on Application for 

Duty–Free Entry of Scientific 

Instruments 

This is a decision pursuant to Section 

6(c) of the Educational, Scientific, and 

Cultural Materials Importation Act of 

1966 (Pub. L. 89–651, as amended by 

Pub. L .106–36; 80 Stat. 897; 15 CFR 

part 301. Related records can be viewed 

between 8:30 A.M. and 5:00 P.M. in 

Room 3705, U.S. Department of 

Commerce, 14th and Constitution Ave, 

NW, Washington, D.C. 

Comments: None received. Decision: 

Approved. We know of no instruments 

of equivalent scientific value to the 

foreign instrument described below, for 

such purposes as this is intended to be 

used, that was being manufactured in 

the United States at the time of its order. 

Docket Number: 09–022. Applicant: 

Princeton University, Princeton, NJ 

08544. Instrument: SWAXS Dual 1D 

Position–Sensitive-Detector (PSD) 

System. Manufacturer: Hecus X–Ray 

System GmbH, Austria. Intended Use: 

See notice at 74 FR 23393, May 19, 

2009. Reasons: The instrument is 

unique, in that it is a dual system, 

which allows simultaneous acquisition 

of time resolved small–angle and wide– 

angle x–ray scattering data. Justification 

for Duty–Free Entry: We know of no 

instrument of the same general category 

suited to these purposes, which was 

being manufactured in the United States 

at the time of order of each instrument 

Dated: June 22, 2009. 

Christopher Cassel, 

Acting Director. 

Subsidies Enforcement Office. 

Import Administration. 

[FR Doc. E9–15490 Filed 6–29–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[Application No. 84–20A12] 

Export Trade Certificate of Review 

ACTION: Notice of Application (#84– 

20A12) To Amend an Export Trade 

Certificate of Review Previously Issued 

to Northwest Fruit Exporters. 

SUMMARY: Export Trading Company 

Affairs, International Trade 

Administration, U.S. Department of 

Commerce, has received an application 

to amend an Export Trade Certificate of 

Review (‘‘Certificate’’). This notice 

summarizes the proposed amendment 

and requests comments relevant to 

whether the Certificate should be 

issued. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Anspacher, Acting Director, 

Office of Competition and Economic 

Analysis, International Trade 

Administration, (202) 482–5131 (this is 

not a toll-free number) or by E-mail at 

oetca@ita.doc.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. 4001–21) authorizes the 

Secretary of Commerce to issue Export 

Trade Certificates of Review. An Export 

Trade Certificate of Review protects the 

holder and the members identified in 

the Certificate from State and Federal 

government antitrust actions and from 

private treble damage antitrust actions 

for the export conduct specified in the 

Certificate and carried out in 

compliance with its terms and 

conditions. Section 302(b)(1) of the 

Export Trading Company Act of 1982 

and 15 CFR 325.6(a) require the 

Secretary to publish a notice in the 

Federal Register identifying the 

applicant and summarizing its proposed 

export conduct. 

Request for Public Comments 

Interested parties may submit written 

comments relevant to the determination 

whether an amended Certificate should 

be issued. If the comments include any 

privileged or confidential business 

information, it must be clearly marked 

and a nonconfidential version of the 

comments (identified as such) should be 

included. Any comments not marked 

privileged or confidential business 

information will be deemed to be 

nonconfidential. An original and five (5) 

copies, plus two (2) copies of the 

nonconfidential version, should be 

submitted no later than 20 days after the 

date of this notice to: Export Trading 

Company Affairs, International Trade 

Administration, U.S. Department of 

Commerce, Room 7021X, Washington, 

DC 20230, or transmit by E-mail at 

oetca@ita.doc.gov. Information 

submitted by any person is exempt from 

disclosure under the Freedom of 

Information Act (5 U.S.C. 552). 

However, nonconfidential versions of 

the comments will be made available to 

the applicant if necessary for 

determining whether or not to issue the 

Certificate. Comments should refer to 

this application as ‘‘Export Trade 

Certificate of Review, application 

number 84–20A12.’’ 

The original Certificate for Northwest 

Fruit Exporters was issued on June 11, 

1984 (49 FR 24581, June 14, 1984), and 

last amended on September 17, 2008 (73 

FR 54561, September 22, 2008). 

A summary of the application for an 

amendment follows. 

Summary of the Application: 

Applicant: Northwest Fruit Exporters 

(‘‘NFE’’), 105 South 18th Street, Suite 

227, Yakima, Washington 98901. 

Contact: James R. Archer, Manager to 

NFE, Telephone: (509) 576–8004. 

Application No.: 84–20A12. 

Date Deemed Submitted: June 18, 

2009. 

Proposed Amendment: NFE seeks to 

amend its Certificate to: 

1. Delete the following companies as 

Members of the Certificate: Clasen Fruit 

& Cold Storage Co., Union Gap, WA; 

Lotus Fruit Packing, Inc., Brewster, WA; 

Snokist Growers, Yakima, WA; and Tree 

To You, LLC, Chelan, WA. 

2. Add the following companies as 

new Members of the Certificate within 

the meaning of section 325.2(1) of the 

Regulations (15 CFR 325.(1)): Cervantes 

Orchards & Vineyards LLC, Grandview, 

WA; Columbia Valley Fruit, L.L.C., 

Yakima, WA; Conrad & Gilbert Fruit, 

Grandview, WA; Diamond Fruit 

Growers, Odell, OR; Orchard View 

Farms, Inc., The Dalles, OR; and 

Wenoka Sales LLC, Wenatchee, WA. 

3. Change the listing of the following 

Member: Change ‘‘Congdon Orchards, 

Inc., Yakima, WA’’ to the new listing 

‘‘Congdon Packing Co. L.L.C., Yakima, 

WA’’. 


sroberts on PROD1PC70 with NOTICES6