Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31911 

single copy requests at the above 

address. Basic data developed during 

the environmental assessment are on 

file and may be reviewed by contacting 

Kalven L. Trice, State Conservationist. 

No administrative action on 

implementation of the proposal will be 

taken until 30 days after the date of this 

publication in the Federal Register. 

Dated: June 22, 2009. 

Kalven L. Trice, 

State Conservationist. 

[FR Doc. E9–15711 Filed 7–2–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–891] 

Hand Trucks and Certain Parts Thereof 

from the People’s Republic of China: 

Notice of Rescission of Antidumping 

Duty New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to a request from 

ABC Tools MFG. CORP (ABC Tools), the 

Department of Commerce (the 

Department) published a Federal 

Register notice announcing the 

initiation of a new shipper review of the 

antidumping duty order on hand trucks 

and certain parts thereof from the 

People’s Republic of China (PRC) for the 

period December 1, 2007, through 

November 30, 2008. On June 3, 2009, 

ABC Tools withdrew its request for a 

new shipper review and therefore, we 

are rescinding this new shipper review 

with respect to ABC Tools. 

EFFECTIVE DATE: July 6, 2009. 

FOR FURTHER INFORMATION CONTACT: 

David Cordell or Robert James, AD/CVD 

Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW, Washington, DC 20230; 

telephone: (202) 482–0408 or (202) 482– 

0649 respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 22, 2009, the 

Department received a timely request 

from ABC Tools 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 hand trucks and certain parts thereof 

from the PRC. On January 22, 2009, the 

Department found that the request for 

review with respect to ABC Tools met 

all of the regulatory requirements set 

forth in 19 CFR 351.214(b) and initiated 

an antidumping duty new shipper 

review. See Hand Trucks and Certain 

Parts Thereof from the People’s 

Republic of China: Initiation of New 

Shipper Review, 74 FR 5144 (January 

29, 2009) (Initiation Notice). On June 3, 

2009, ABC Tools withdrew its request 

for a new shipper review. 

Rescission of New Shipper Review 

Section 351.214(f)(1) of the 

Department’s regulations 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 ABC Tools 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 ABC Tools 

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 ABC Tools’ 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 hand 

trucks and certain parts from PRC with 

respect to ABC Tools. As the 

Department is rescinding this new 

shipper review, we are not calculating a 

company–specific rate for ABC Tools, 

and ABC Tools will remain part of the 

PRC–wide entity. 

Notifications 

Because ABC Tools is still under 

review as part of the PRC–wide entity in 

the ongoing administrative review, the 

Department will not order liquidation of 

entries for ABC Tools. The Department 

intends to issue liquidation instructions 

for the PRC–wide entity which will 

cover any entries by ABC Tools, 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: June 29, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–15825 Filed 7–2–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–822] 

Certain Frozen and Canned Warmwater 

Shrimp from Thailand: Notice of Court 

Decision Not in Harmony With Final 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On June 24, 2009, the United 

States Court of International Trade (CIT) 

sustained the Department of 

Commerce’s (the Department’s) second 

redetermination pursuant to the CIT’s 

remand in Thai I–Mei Frozen Foods Co., 

Ltd. v. United States, Court No. 05– 

00197 (Jun. 24, 2009) (Thai I–Mei III). 

See Final Results of Redetermination 

Pursuant to Court Remand, dated March 

18, 2009 (found at http://ia.ita.doc.gov/ 

remands). Consistent with the decision 

of the United States Court of Appeals for 

the Federal Circuit (CAFC) in Timken 

Co. v. United States, 893 F.2d 337 (Fed. 

Cir. 1990) (Timken), the Department is 

notifying the public that the final 

judgment in this case is not in harmony 

with the Department’s final 

determination in the less–than-fair– 

value (LTFV) investigation of certain 

frozen warmwater shrimp from 

Thailand. See Notice of Final 

Determination of Sales at Less Than 

Fair Value and Negative Final 

Determination of Critical 

Circumstances: Certain Frozen and 

mstockstill on PROD1PC66 with NOTICES