[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Notices]
[Pages 38173-38174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15262]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-882


Refined Brown Aluminum Oxide from the People's Republic of China: 
Notice of Partial Rescission of Antidumping Duty Administrative Review 
and Extension of Time Limit for Preliminary Results

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding in 
part the administrative review of the antidumping duty order on refined 
brown aluminum oxide (RBAO) from the People's Republic of China (PRC) 
for the period November 1, 2006, to October 31, 2007, with respect to 
Henan Yilong High and New Materials Co. Ltd. (Henan Yilong). This 
partial rescission is based on the withdrawal of the request for review 
by the interested party that requested the review. Additionally, the 
Department is extending the preliminary results of this administrative 
review to no later than December 1, 2008.

EFFECTIVE DATE: July 3, 2008.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Kate Johnson, AD/
CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
4136 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On November 1, 2007, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on, inter alia, RBAO from the PRC. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity to Request Administrative Review, 72 FR 61859 (November 1, 
2007). In response, Fujimi Corporation (Fujimi), an importer of the 
subject merchandise, timely requested an administrative review of the 
antidumping duty order on RBAO from the PRC for entries of the subject 
merchandise during the November 1, 2006, through October 31, 2007, 
period of review (POR) from two PRC producers/exporters: Henan Yilong 
and Qingdao Shunxingli Abrasives Co. Ltd. (Qingdao Shunxingli).
    On December 27, 2007, the Department initiated a review on Henan 
Yilong and Qingdao Shunxingli. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 72 FR 73315 (December 27, 
2007). The preliminary results of this review are currently due no 
later than August 1, 2008.
    In a letter dated May 23, 2008, Fujimi withdrew its request for 
review of Henan Yilong and requested that the Department rescind the 
review with respect to this company. On June 2, 2008, domestic 
producers Washington Mills, C + E Minerals, and Treibacher Scheifmittel 
Corp. (collectively, ``domestic producers''), submitted comments 
opposing Fujimi's request. Fujimi responded to the domestic producers' 
opposition on June 11, 2008.

Rescission, in Part, of Administrative Review

    The applicable regulation, 19 CFR 351.213(d)(1), states that if a 
party that requested an administrative review withdraws the request 
within 90 days of the publication of the notice of initiation of the 
requested review, the Secretary will rescind the review in whole or in 
part. Furthermore, the regulation states the Secretary may extend this 
time limit if the Secretary decides that it is reasonable to do so.
    The domestic producers object to Fujimi's request, stating that it 
is untimely, and that both the Department and the domestic producers 
already have devoted extensive time and resources to this review. 
Further, the domestic producers contend that Fujimi waited until 
surrogate value data was placed on the record to determine whether the 
review results would be favorable before withdrawing its review request 
for Henan Yilong.
    Although Fujimi withdrew the request for review of Henan Xilong 
after the 90-day deadline, the Department finds it reasonable to extend 
the withdrawal deadline. Contrary to the domestic producers' 
assertions, the Department has not yet devoted significant time or 
resources to analyzing Henan Yilong's information for this review, 
e.g., the Department has not yet completed its analysis of Henan 
Xilong's questionnaire responses, nor issued a supplemental 
questionnaire for portions of the Henan Xilong questionnaire response. 
See, e.g., Honey from Argentina: Notice of Extension of Time Limit for 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review, 72 FR 50661 (September 4, 2007), remaining 
unchanged in Honey from Argentina: Final Results of Antidumping Duty 
Administrative Review and Determination Not to Revoke in Part, 73 FR 
24220 (May 2, 2008) (where the Department extended the deadline for 
withdrawal of the review request because it had not yet devoted 
significant resources to the review). Additionally, the Department has 
not yet made any determinations on the selection of surrogate values to 
apply in this review. Thus, we find no basis to support the domestic 
producers' allegation concerning Fujimi's timing of the withdrawal 
request. Further, we note that the domestic producers did not request a 
review for this segment of the proceeding. Therefore, for all these 
reasons, the Department determines it is reasonable to rescind the 
review with respect to Henan Xilong. The Department will issue 
appropriate assessment instructions for Henan Xilong directly to U.S. 
Customs and Border Protection (CBP) 15 days after the publication of 
this notice. The Department will direct CBP to assess antidumping 
duties for Henan Xilong at the cash deposit rates in effect on the date 
of entry for entries during the period November 1, 2006, through 
October 31, 2007.

Notification to Parties

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this period of time. Failure to comply with 
this

[[Page 38174]]

requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and subsequent assessment 
of double antidumping duties. This notice also serves as a 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 the return or 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 sanctionable 
violation.

Extension of Time Limit for Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to complete the preliminary results of an 
administrative review within 245 days after the last day of the 
anniversary month of an order for which a review is requested. However, 
if it is not practicable to complete the review within this time 
period, section 751(a)(3)(A) of the Act allows the Department to extend 
that time period to a maximum of 365 days.
    The Department has determined it is not practicable to complete 
this review for the remaining respondent, Qingdao Shunxingli, within 
the statutory time limit because we require additional time to analyze 
complex issues, such as the valuation of the principal raw material and 
the financial ratios, and the questionnaire responses submitted by 
Qingdao Shunxingli. The time needed to analyze this information and to 
develop fully the record in this administrative review makes it 
impracticable to complete the preliminary results within the originally 
specified time limit. Accordingly, the Department is extending the time 
limit for completion of the preliminary results of this administrative 
review until no later than December 1, 2008 (i.e., the next business 
day following the 365th day after the last day of the anniversary month 
of the order). We intend to issue the final results no later than 120 
days after publication of the preliminary results notice.
    This notice is issued and published in accordance with and sections 
751(a)(1), 751(a)(3)(A), and 777(i)(1) of the Act, and 19 CFR 
351.213(d)(4).

    Dated: June 27, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-15262 Filed 7-2-08; 8:45 am]
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