[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Pages 16426-16427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7398]


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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 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 review 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 (``POR''). 
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 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 
April 2010,\1\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in April 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 of review
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            Antidumping Duty Proceedings
 
France: Sorbitol, A-427-001.........................      4/1/09-3/31/10
India: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid        4/23/09-3/31/10
 (HEDP) A-533-847...................................
Norway: Fresh and Chilled Atlantic Salmon, A-403-801      4/1/09-3/31/10
The People's Republic of China:
    Activated Carbon, A-570-904.....................      4/1/09-3/31/10
    Certain Steel Threaded Rod, A-570-932...........     10/8/08-3/31/10
    Frontseating Service Valves, A-570-933..........    10/22/08-3/31/10
    1-Hydroxyethylidene-1, 1-Diphosphonic Acid           4/23/09-3/31/10
     (HEDP), A-570-934..............................
    Magnesium Metal, A-570-896......................      4/1/09-3/31/10
    Non-Malleable Cast Iron Pipe Fittings, A-570-875      4/1/09-3/31/10
Russia: Magnesium Metal, A-821-819..................      4/1/09-3/31/10
 
           Countervailing Duty Proceedings
 
Norway: Fresh and Chilled Atlantic Salmon, C-403-802     1/1/09-12/31/09
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Suspension Agreements

    None.
    In accordance with 19 CFR 351.213(b), 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 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 country 
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

[[Page 16427]]

reasonable, pursuant to 19 CFR 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 and 
Constitution Avenue, NW., Washington, DC 20230. The Department also 
asks parties to serve a copy of their requests to the Office of 
Antidumping/Countervailing Duty Operations, Attention: Sheila Forbes, 
in room 3065 of the main Commerce Building. Further, in accordance with 
section 351.303(f)(l)(i) of the Department's 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 April 2010. If the Department does not receive, by 
the last day of April 2010, 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 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 POR.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: March 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-7398 Filed 3-31-10; 8:45 am]
BILLING CODE 3510-DS-P