[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Page 59963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27834]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-875]


Non-Malleable Cast Iron Pipe Fittings from the People's Republic 
of China: Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from Norca Engineered Products LLC 
and NEP Tianjin Machinery Company (collectively ``NEP''), exporter of 
subject merchandise, on April 30, 2009, the Department of Commerce (the 
``Department'') initiated an administrative review of the antidumping 
duty order on non-malleable cast iron pipe fittings from the People's 
Republic of China (``PRC''). See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 74 FR 25711 (May 29, 2009). 
The period of review (``POR'') is April 1, 2008, through March 31, 
2009. For the reason discussed below, we are rescinding this 
administrative review.

EFFECTIVE DATE: November 19, 2009.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Robert Bolling, 
Office 4, AD/CVD Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
4081 or (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2009, the Department published a notice of opportunity 
to request an administrative review. See Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 74 FR 14771 (April 1, 2009). On May 29, 2009, 
pursuant to a request made by NEP, the Department initiated an 
administrative review of the antidumping duty order on non-malleable 
cast iron pipe fittings from the PRC. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 74 FR 25711 (May 29, 2009). 
On October 26, 2009, NEP withdrew its request for an administrative 
review of non-malleable cast iron pipe fittings from the PRC.

Rescission of Antidumping Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if a party that requested a 
review withdraws the request within 90 days of the date of publication 
of the notice of initiation of the requested review, or withdraws its 
request at a later date if the Department determines that it is 
reasonable to extend the time limit for withdrawing the request. As 
indicated above, NEP withdrew its request for a review on October 26, 
2009, which is after the 90-day deadline. NEP stated that it was the 
only party to request a review.
    Given the fact that we have not yet committed significant resources 
to the administrative review of NEP, we find it reasonable to accept 
NEP's withdrawal from this review. Specifically, we have not determined 
the factors of production and surrogate values of inputs used by NEP, 
calculated a preliminary margin for NEP, nor verified NEP's data.
    No other party had requested a review for NEP, and no party has 
opposed NEP's withdrawal request. Accordingly, the Department is 
rescinding this review with respect to NEP in accordance with 19 CFR 
351.213(d)(1).

Assessment Instructions

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
NEP rescinded antidumping duties shall be assessed at rates equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.

Notification to Importers

    This notice serves as a final 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 review period. Failure to comply with this 
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/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is in accordance with section 777(i)(1) of the Act and 
19 CFR 251.213(d)(4).

    Dated: November 13, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-27834 Filed 11-18-09; 8:45 am]
BILLING CODE 3510-DS-S