Notices. Notice of opportunity to request administrative review of antidumping or countervailing duty order, finding, or suspended investigation
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BILLING CODE 3510-33-M 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. ACTION: Notice of opportunity to request administrative review of antidumping or countervailing duty order, finding, or suspended investigation. 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, 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. *Opportunity To Request A Review:* Not later than the last day of December 2004, interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in December for the following periods: Period Antidumping Duty Proceedings ARGENTINA: Honey, A-357-812 12/1/03-11/30/04 BRAZIL: Certain Carbon Steel Butt-Weld Pipe Fittings, A-351-602 12/1/03-11/30/04 Silicomanganese, A-351-824 12/1/03-11/30/04 CHILE: Certain Preserved Mushrooms, A-337-804 12/1/03-11/30/04 INDIA: Certain Hot-Rolled Carbon Steel Flat Products A-533-820 12/1/03-11/30/04 INDIA: Stainless Steel Wire Rod, A-533-808 12/1/03-11/30/04 INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, A-560-812 12/1/03-11/30/04 JAPAN: Drafting Machines and Parts Thereof, A-588-811 12/1/03-11/30/04 High and Ultra-High Voltage Ceramic Station Post Insulators, A-588-862 6/16/03-11/30/04 Polychloroprene Rubber, A-588-046 12/1/03-11/30/04 P.C. Steel Wire Strand, A-588-068 12/1/03-11/30/04 Welded Large Diameter Line Pipe, A-588-857 12/1/03-11/30/04 REPUBLIC OF KOREA: Welded ASTM A-312 Stainless Steel Pipe, A-580-810 12/1/03-11/30/04 TAIWAN: Carbon Steel Butt-Weld Pipe Fittings, A-583-605 12/1/03-11/30/04 Porcelain-On-Steel Cooking Ware, A-583-508 12/1/03-11/30/04 Welded ASTM A-312 Stainless Steel Pipe, A-583-815 12/1/03-11/30/04 THE PEOPLE'S REPUBLIC OF CHINA: Cased Pencils, A-570-827 12/1/03-11/30/04 Honey, A-570-863 12/1/03-11/30/04 Malleable Cast Iron Pipe Fittings, A-570-881 12/2/03-11/30/04 Porcelain-on-Steel Cooking Ware, A-570-506 12/1/03-11/30/04 Silicomanganese, A-570-828 12/1/03-11/30/04 Countervailing Duty Proceedings ARGENTINA: Honey, C-357-813 1/1/04-12/31/04 INDIA: Certain Hot-Rolled Carbon Steel Flat Products, C-533-821 1/1/03-12/31/03 INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, C-560-813 1/1/03-12/31/03 SOUTH AFRICA: Certain Hot-Rolled Carbon Steel Flat Products, C-791-810 1/1/03-12/31/03 THAILAND: Certain Hot-Rolled Carbon Steel Flat Products, C-549-818 1/1/03-12/31/03 Suspension Agreements MEXICO: Fresh Tomatoes, A-201-820 12/1/03-11/30/04 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, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. 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. As explained in *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,* 69 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.ia.ita.doc.gov.* Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, 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 Duty Enforcement, 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 December 2004. If the Department does not receive, by the last day of December 2004, 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 Customs Service 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: November 23, 2004. Holly A. Kuga, Senior Office Director, Office 4 for Import Administration. [FR Doc. E4-3415 Filed 11-30-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (“Sunset”) Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of initiation of five-year (“sunset”) reviews. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“the Department”) is automatically initiating five-year (“sunset”) reviews of certain antidumping duty orders. The International Trade Commission is publishing concurrently with this notice its notice of *Institution of Five-Year Review* which covers these same orders. FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce at
(202)482-4340, or Mary Messer, Office of Investigations, U.S. International Trade Commission at
(202)205-3193. SUPPLEMENTARY INFORMATION: Background The Department's procedures for the conduct of sunset reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department's conduct of sunset reviews is set forth in the Department's Policy Bulletin 98.3— *Policies Regarding the Conduct of Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin,* 63 FR 18871 (April 16, 1998) ( *“Sunset Policy Bulletin”* ). Initiation of Reviews In accordance with 19 CFR 351.218(c), we are initiating the second sunset reviews of the following antidumping duty orders: DOC case No. ITC case No. Country Product A-351-602 A-308 Brazil Carbon Steel Butt-Weld Pipe Fittings A-583-605 A-310 Taiwan Carbon Steel Butt-Weld Pipe Fittings A-588-602 A-309 Japan Carbon Steel Butt-Weld Pipe Fittings A-570-814 A-520 China Carbon Steel Butt-Weld Pipe Fittings A-549-807 A-521 Thailand Carbon Steel Butt-Weld Pipe Fittings A-588-707 A-386 Japan Granular Polytetrafluoroethylene Resin A-475-703 A-385 Italy Granular Polytetrafluoroethylene Resin Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the Department's regulations regarding sunset reviews (19 CFR 351.218) and *Sunset Policy Bulletin,* the Department's schedule of sunset reviews, case history information ( *i.e.,* previous margins, duty absorption determinations and scope language), and service lists available to the public on the Department's sunset Internet Web site at the following address: *http://ia.ita.doc.gov/sunset/.* All submissions in these sunset reviews must be filed in accordance with the Department's regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Also, we suggest that parties check the Department's sunset Web site for any updates to the service list before filing any submissions. The Department will make additions to and/or deletions from the service list provided on the sunset Web site based on notifications from parties and participation in these reviews. Specifically, the Department will delete from the service list all parties that do not submit a substantive response to the notice of initiation. Because deadlines in a sunset review are, in many instances, very short, we urge interested parties to apply for access to proprietary information under administrative protective order (“APO”) immediately following publication in the **Federal Register** of the notice of initiation of the sunset review. The Department's regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304-306. Information Required From Interested Parties Domestic interested parties (defined in sections 771(9)(C), (D), (E), (F), and
(G)of the Act and 19 CFR 351.102(b)) wishing to participate in these sunset reviews must respond not later than 15 days after the date of publication in the **Federal Register** of the notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the orders without further review. *See* 19 CFR 351.218(d)(1)(iii). If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that *all parties* wishing to participate in the sunset review must file complete substantive responses not later than 30 days after the date of publication in the **Federal Register** of the notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department's information requirements are distinct from the International Trade Commission's information requirements. Please consult the Department's regulations for information regarding the Department's conduct of sunset reviews. 1 Please consult the Department's regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: November 24, 2004. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E4-3414 Filed 11-30-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-803] Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Notice of Amended Final Results of Antidumping Duty Administrative Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of amended final results of antidumping duty administrative reviews. EFFECTIVE DATE: December 1, 2004. FOR FURTHER INFORMATION CONTACT: Tom Martin or Mark Manning at
(202)482-3936 and
(202)482-5253, respectively; Office of AD/CVD Enforcement, Office 4, Import Administration, Room 1870, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUMMARY: The Department of Commerce (“the Department”) is amending the final results of the administrative reviews of the antidumping duty orders on Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles (“HFHTs”) from the People's Republic of China (“PRC”) to reflect the correction of ministerial errors in those final results. The period of review (“POR”) is February 1, 2002, through January 31, 2003. SUPPLEMENTARY INFORMATION: Background On September 15, 2004, the Department published the final results of administrative reviews of the antidumping duty orders on HFHTs from the PRC. *See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Final Results of Antidumping Duty Administrative Reviews, Final Partial Rescission of Antidumping Duty Administrative Reviews, and Determination Not To Revoke in Part,* 69 FR 55581 (September 15, 2004) (“ *Final Results* ”). On September 17, 2004, the petitioner, Ames True Temper, submitted comments alleging that the Department made certain ministerial errors in the *Final Results* regarding the cash deposit rate for the PRC-wide entity for hammers/sledges, the assessment rate for the PRC-wide entity for all four HFHTs orders, and the assessment instructions for tampers. On September 20, 2004, the respondents 1 filed rebuttal comments. 1 The respondents in this review are Shangdong Huarong Machinery Co., Ltd. (“Huarong”), Liaoning Machinery Import & Export Corporation and Liaoning Machinery Import & Export Corporation, Ltd. (“LMC/LIMAC”), Shandong Machinery Import & Export Corporation (“SMC”), and Tianjin Machinery Import & Export Corporation (“TMC”). Scope of the Review The products covered by these administrative reviews are HFHTs comprising the following classes or kinds of merchandise:
(1)Hammers and sledges with heads over 1.5 kg (3.33 pounds) (hammers/sledges);
(2)bars over 18 inches in length, track tools and wedges (bars/wedges);
(3)picks and mattocks (picks/mattocks); and
(4)axes, adzes and similar hewing tools (axes/adzes). HFHTs include heads for drilling hammers, sledges, axes, mauls, picks and mattocks, which may or may not be painted, which may or may not be finished, or which may or may not be imported with handles; assorted bar products and track tools including wrecking bars, digging bars, and tampers; and steel woodsplitting wedges. HFHTs are manufactured through a hot forge operation in which steel is sheared to required length, heated to forging temperature, and formed to final shape on forging equipment using dies specific to the desired product shape and size. Depending on the product, finishing operations may include shot blasting, grinding, polishing and painting, and the insertion of handles for handled products. HFHTs are currently provided for under the following Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings: 8205.20.60, 8205.59.30, 8201.30.00, and 8201.40.60. Specifically excluded from these investigations are hammers and sledges with heads 1.5 kg. (3.33 pounds) in weight and under, hoes and rakes, and bars 18 inches in length and under. The Department has issued four conclusive scope rulings regarding the merchandise covered by these orders:
(1)On August 16, 1993, the Department found the “Max Multi-Purpose Axe,” imported by the Forrest Tool Company, to be within the scope of the axes/adzes order;
(2)on March 8, 2001, the Department found “18-inch” and “24-inch” pry bars, produced without dies, imported by Olympia Industrial, Inc. and SMC Pacific Tools, Inc., to be within the scope of the bars/wedges order;
(3)on March 8, 2001, the Department found the “Pulaski” tool, produced without dies by TMC, to be within the scope of the axes/adzes order; and
(4)on March 8, 2001, the Department found the “skinning axe,” imported by Import Traders, Inc., to be within the scope of the axes/adzes order. Amended Final Results After reviewing the ministerial error allegations and the rebuttal comments, we have determined that the Department did make clerical errors in completing the *Final Results,* and we have amended the *Final Results* accordingly. For a detailed discussion of the Department's analysis of the ministerial error allegations, *see* Memorandum from Mark Manning, Acting Program Manager, to Holly A. Kuga, Senior Director, “Analysis of Ministerial Error Allegations,” dated concurrently with this notice. Pursuant to section 751(h) of the Tariff Act of 1930, as amended (“the Act”), we have amended the Final Results by correcting a ministerial error that affected the margin for the PRC-wide entity in the hammers/sledges order. We will issue amended cash-deposit instructions to U.S. Customs and Border Protection (“CBP”) to reflect the amendment of the final results of these reviews. Pursuant to these amended results, we revised the following dumping margin: Manufacturer/exporter Margin (percent) PRC-wide entity: Hammers/Sledges 45.42. Assessment Upon completion of these administrative reviews, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR § 351.212(b)(1), for the respondents receiving calculated dumping margins, we calculated importer-specific per-unit duty assessment rates based on the ratio of the total amount of the dumping duties calculated for the examined sales to the total quantity of those same sales. These importer-specific per-unit rates will be assessed uniformly on all entries of each importer that were made during the POR. In accordance with 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is *de minimis* ( *i.e.* , less than 0.5 percent *ad valorem* ). In testing whether any importer-specific assessment rate is *de minimis,* we divided each importer's total amount of dumping duties by the total value of each importer's U.S. sales, which we calculated using net U.S. prices. Lastly, for the respondents receiving dumping rates based upon AFA, the Department will instruct CBP to liquidate entries according to the AFA *ad valorem* rate. The Department will issue appraisement instructions directly to CBP upon the completion of the final results of these administrative reviews. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the final results of these administrative reviews for all shipments of HFHTs from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice, as provided for by section 751(a)(1) of the Act:
(1)The cash deposit rates for reviewed companies will be the rates for those firms established in the final results of these administrative reviews;
(2)for any previously reviewed or investigated PRC or non-PRC exporter not covered in these reviews, with a separate rate, the cash deposit rate will be the company-specific rate established in the most recent segment of these proceedings;
(3)for all other PRC exporters, the cash deposit rates will be the PRC-wide rates established in the final results of these reviews; and
(4)the cash deposit rate for any non-PRC exporter of subject merchandise from the PRC who does not have its own rate will be the rate applicable to the PRC exporter that supplied the non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative reviews. The PRC-Wide Cash Deposit Rates The PRC-wide cash deposit rates are 55.74 percent for axes/adzes, 139.31 percent for bars/wedges, 45.42 percent for hammers/sledges, and 98.77 percent for picks/mattocks. These rates, except for the rate for hammers/sledges, are unchanged from the most recently completed administrative review. *See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review of the Order on Bars and Wedges,* 68 FR 53347 (September 10, 2003). These deposit requirements shall remain in effect until publication of the final results of the next administrative reviews. Notification to Importers This notice also 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective orders (“APOs”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR § 351.305. 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 these amended final results in accordance with sections 751(h)of the Act and 19 CFR 351.224. Dated: November 24, 2004. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E4-3413 Filed 11-30-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Partnerships in the Provision of Environmental Information AGENCY: National Oceanic and Atmospheric Administration, Department of Commerce. ACTION: Notice of availability. SUMMARY: The National Oceanic and Atmospheric Administration
(NOAA)has adopted a policy regarding the provision of information products and services to the public, which implements relevant provisons of the Paperwork Reduction Act of 1995 (44 U.S.C. part 35) and Office of Management and Budget Circular No. A-130, “Management of Federal Information Resources.” This policy will strengthen the existing partnership between government, academia and the private sector, which provides the nation with high quality environmental information. ADDRESSES: The policy is available electronically at *http://www.nws.noaa.gov/partnershippolicy* . Requests for hard copies should be sent to Room 11404, 1325 East-West Highway, Silver Spring, MD 20910-3283. FOR FURTHER INFORMATION CONTACT: Peter Weiss 301-713-0258. *peter.weiss@noaa.gov.* Dated: November 19, 2004. John E. Jones, Jr., Deputy Assistant Administrator for Weather Services. [FR Doc. 04-26419 Filed 11-30-04; 8:45 am]
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CFR
- Sunset reviews under section 751(c) of the Act.§ 351.218
- Filing, document identification, format, translation, service, and certification of documents.§ 351.303
- Definitions.§ 351.102
- Extension of time limits; return of untimely filed or unsolicited material.§ 351.302
- Assessment of antidumping and countervailing duties; provisional measures deposit cap; interest on certain overpayments and underpayments.§ 351.212
- De minimis net countervailable subsidies and weighted-average dumping margins disregarded.§ 351.106
- Calculation of export price and constructed export price; reimbursement of antidumping and countervailing duties.§ 351.402
- Access to business proprietary information.§ 351.305
- Disclosure of calculations and procedures for the correction of ministerial errors.§ 351.224
2 references not yet in our index
- 19 CFR 351.304-306
- 19 CFR 351
Citation graph
cites case law
Notices
Notice of opportunity to request administrative review of antidumping or countervailing duty order, finding, or suspended investigation
Cite19 CFR 351.304-306
Cite19 CFR 351
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