[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Notices]
[Pages 56573-56575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26345]


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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.

[[Page 56574]]


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, N.W., Washington, D.C. 20230, telephone: (202) 
482-4697.

SUPPLEMENTARY INFORMATION:

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, of the Department of Commerce's (``the 
Department's'') 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 initiation Federal Register notice.

Opportunity to Request a Review:

    Not later than the last day of November 2009,\1\ interested parties 
may request administrative review of the following orders, findings, or 
suspended investigations, with anniversary dates in November 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.

------------------------------------------------------------------------
  Antidumping Duty Proceedings                    Period
------------------------------------------------------------------------
ARGENTINA: Barbed Wire &
 Barbless Wire Strand..........
A-357-405......................                        11/1/08 - 9/19/09
BRAZIL: Certain Circular Welded
 Non-Alloy Steel Pipe..........
A-351-809......................                       11/1/08 - 10/31/09
BRAZIL: Polyethylene
 Terephthalate (Pet) Film......
A-351-841......................                       11/6/08 - 10/31/09
GERMANY: Lightweight Thermal
 Paper.........................
A-428-840......................                      11/20/08 - 10/31/09
MEXICO: Certain Circular Welded
 Non-Alloy Steel Pipe..........
A-201-805......................                       11/1/08 - 10/31/09
REPUBLIC OF KOREA: Certain
 Circular Welded Non-Alloy
 Steel Pipe....................
A-580-809......................                       11/1/08 - 10/31/09
TAIWAN: Certain Hot-Rolled
 Carbon Steel Flat Products....
A-583-835......................                       11/1/08 - 10/31/09
TAIWAN: Certain Circular Welded
 Non-Alloy Steel Pipe..........
A-583-814......................                       11/1/08 - 10/31/09
THAILAND: Certain Hot-Rolled
 Carbon Steel Flat Products....
A-549-817......................                       11/1/08 - 10/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Certain Cut-to-Length Carbon
 Steel.........................
A-570-849......................                       11/1/08 - 10/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Certain Hot-Rolled Carbon
 Steel Flat Products...........
A-570-865......................                       11/1/08 - 10/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Fresh Garlic..................
A-570-831......................                       11/1/08 - 10/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Lightweight Thermal Paper.....
A-570-920......................                      11/20/08 - 10/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Paper Clips...................
A-570-826......................                       11/1/08 - 10/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Polyethylene Terephthalate
 (Pet) Film....................
A-570-924......................                       11/6/08 - 10/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Pure Magnesium in Granular
 Form..........................
A-570-864......................                       11/1/08 - 10/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
 Refined Brown Aluminum Oxide..
A-570-882......................                       11/1/08 - 10/31/09
UKRAINE: Certain Hot-Rolled
 Carbon Steel Flat Products....
A-823-811......................                       11/1/08 - 10/31/09
UNITED ARAB EMIRATES:
 Polyethylene Terephthalate
 (Pet) Film....................
A-520-803......................                       11/6/08 - 10/31/09
        Countervailing Duty
         Proceedings
THE PEOPLE'S REPUBLIC OF CHINA:
 Lightweight Thermal Paper.....
C-570-921......................                      11/20/08 - 12/31/08
        Suspension Agreements
UKRAINE: Certain Cut-to-Length
 Carbon Steel..................
A-823-808......................                       11/1/08 - 10/31/09
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[[Page 56575]]

    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. 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. In addition, 
a domestic interested party or an interested party described in section 
771(9)(B) of the Act 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 19 CFR 351.303(f)(3)(ii).
    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://www.trade.gov/ia.
    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 Orders, Findings, or Suspended Investigations'' for requests 
received by the last day of November 2009. If the Department does not 
receive, by the last day of November 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.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional-measures ``gap'' period, of 
the order, if such a gap period is applicable to the period of review.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: October 26, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-26345 Filed 10-30-09; 8:45 am]
BILLING CODE 3510-DS-S