[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Pages 38080-38081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16093]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: 
Rescission of New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.


DATES: Effective Date: July 1, 2010.

SUMMARY: In response to a request from Maanshan Leader Metal Products 
Co., Ltd. (``Maanshan Leader''), the Department of Commerce (the 
``Department'') published on September 25, 2009, a Federal Register 
notice announcing the initiation of a new shipper review of the 
antidumping duty order on certain steel nails from the People's 
Republic of China (``PRC'') covering the period of January 23, 2008, 
through July 31, 2009. On May 28, 2010, Maanshan Leader withdrew its 
request for a new shipper review. Therefore, we are rescinding this new 
shipper review with respect to Maanshan Leader.

FOR FURTHER INFORMATION CONTACT: Alexis Polovina, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3927.

SUPPLEMENTARY INFORMATION: 

Background

    On August 24, 2009, we received a timely request for a new shipper 
review from Maanshan Leader in accordance with 19 CFR 351.214(c) and 
351.214(d)(2). On September 25, 2009, the Department found that the 
request for review with respect to Maanshan Leader met all of the 
regulatory requirements set forth in 19 CFR 351.214(b) and initiated an 
antidumping duty new shipper review. See Certain Steel Nails From the 
People's Republic of China: Initiation of Antidumping Duty New Shipper 
Review, 74 FR 48907 (September 25, 2009) (``Initiation Notice''). On 
February 12, 2010, due to the closure of the Federal Government from 
February 5, through February 12, 2010, the Department exercised its 
discretion to toll deadlines by seven days. See Memorandum to the 
Record from Ronald Lorentzen, DAS for Import Administration, ``Tolling 
of Administrative Deadlines As a Result of the Government Closure 
During the Recent Snowstorm,'' dated February 12, 2010.
    On April 5, 2010, the Department aligned this new shipper review 
with the concurrent first administrative review. See Memorandum to the 
File from Alexis Polovina, Case Analyst, through Alex Villanueva, 
Program Manager, regarding: Alignment of New Shipper Review of Certain 
Steel Nails from the People's Republic of China with the 1th 
Administrative Review of Certain Steel Nails from the People's Republic 
of China, dated April 5, 2010. On May 28, 2010, Maanshan Leader 
withdrew its request for a new shipper review. On June 14, 2010, we 
placed on the record and served to parties a memorandum stating that 
the Department intended to rescind the above-referenced new shipper 
review, allowing parties to comment on the intended rescission by no 
later than June 17, 2010. See Memorandum to the File from Alexis 
Polovina, Case Analyst, through Alex Villanueva, Program Manager, 
regarding: Withdrawal of Request for NSR from Maanshan Leader, dated 
June 14, 2010. The Department did not receive comments from any party.

Rescission of New Shipper Review

    19 CFR 351.214(f)(1) provides that the Department may rescind a new 
shipper review if the party that requested the review withdraws its 
request for review within 60 days of the date of publication of the 
notice of initiation of the requested review. Although Maanshan Leader 
withdrew its request after the 60 day deadline, we find it reasonable 
to extend the deadline. See 19 CFR 351.302(b). In this instance, no 
other company would be affected by a rescission, and we have received 
no objections from any party to Maanshan Leader's withdrawal of its 
request for this new shipper review. Based upon the above, we are 
rescinding the new shipper review of the antidumping duty order on 
certain steel nails from the PRC with respect to Maanshan Leader. See 
Hand Trucks and Certain Parts Thereof From the People's Republic of 
China: Notice of Rescission of Antidumping Duty New Shipper Review, 74 
FR 31911 (July 6, 2009) (rescinding the new shipper review after the 60 
day deadline). As the Department is rescinding this new shipper review, 
we are not calculating a company-specific rate for Maanshan Leader, and 
Maanshan Leader will remain part of the PRC entity in the ongoing 
administrative review.

Notifications

    Because Maanshan Leader remains under review as part of the PRC 
entity in the ongoing administrative review,

[[Page 38081]]

the Department will not order liquidation of entries for Maanshan 
Leader. The Department intends to issue liquidation instructions for 
the PRC entity, which will cover any entries by Maanshan Leader, 15 
days after publication of the final results of the ongoing 
administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destructions of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a). 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 terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with section 777(i) of the Act and 19 CFR 351.214(f)(3).

    Dated: June 25, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-16093 Filed 6-30-10; 8:45 am]
BILLING CODE 3510-DS-P