[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Notices]
[Pages 265-266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31315]


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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.

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 (2004) 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, 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. 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.
    Opportunity to Request a Review: Not later than the last day of 
January 2009,\1\ 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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    \1\ 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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------------------------------------------------------------------------
                                                             Period
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             Antidumping Duty Proceedings
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Brazil: Prestressed Concrete Steel Wire Strand, A-351-   1/1/08-12/31/08
 837.................................................
India: Prestressed Concrete Steel Wire Strand, A-533-    1/1/08-12/31/08
 828.................................................
Mexico: Prestressed Concrete Steel Wire Strand, A-201-   1/1/08-12/31/08
 831.................................................
South Africa: Ferrovanadium, A-791-815...............    1/1/08-12/31/08
South Korea:
    Prestressed Concrete Steel Wire Strand, A-580-852    1/1/08-12/31/08
South Korea:
    Top-of-the Stove Stainless Steel Cooking Ware, A-    1/1/08-12/31/08
     580-601.........................................
Thailand: Prestressed Concrete Steel Wire Strand, A-     1/1/08-12/31/08
 549-820.............................................
The People's Republic of China:
    Crepe Paper Products, A-570-895..................    1/1/08-12/31/08
The People's Republic of China:
    Ferrovanadium, A-570-873.........................    1/1/08-12/31/08
The People's Republic of China:
    Folding Gift Boxes, A-570-866....................    1/1/08-12/31/08
The People's Republic of China:
    Potassium Permanganate, A-570-001................    1/1/08-12/31/08
The People's Republic of China:
    Wooden Bedroom Furniture, A-570-890..............    1/1/08-12/31/08
------------------------------------------------------------------------
           Countervailing Duty Proceedings
------------------------------------------------------------------------
 
South Korea: Top-of-the-Stove Stainless Steel Cooking    1/1/08-12/31/08
 Ware, C-580-602.....................................
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                Suspension Agreements
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Mexico: Fresh Tomatoes, A-201-820....................   1/22/08-12/31/08
Russia: Certain Cut-to-Length Carbon Steel Plate, A-     1/1/08-12/31/08
 821-808.............................................
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[[Page 266]]

    In accordance with section 351.213(b) of the regulations, an 
interested party as defined by section 771(9) of the Act may request in 
writing that the Secretary conduct an administrative review. The 
Department changed its requirements for requesting reviews for 
countervailing duty orders. 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, and the requesting party must state 
why it desires the Secretary to review those particular producers or 
exporters.\2\ 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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    \2\ 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 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 & 
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) of the regulations, 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 2009. If the Department does not receive, by 
the last day of January 2009, 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.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: December 23, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. E8-31315 Filed 1-2-09; 8:45 am]
BILLING CODE 3510-DS-P