[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22741-22742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10170]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-923]
Raw Flexible Magnets From the People's Republic of China:
Initiation of Countervailing Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 30, 2010.
SUMMARY: The Department of Commerce (the Department) has determined
that a request for a new shipper review of the countervailing duty
(CVD) order on raw flexible magnets (RFM) from the People's Republic of
China (the PRC) meets the statutory and regulatory requirements for
initiation. The period of review (POR) for the new shipper review is
January 1, 2009, through February 28, 2010.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230, telephone: (202) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
The CVD order on RFM from the PRC was published on September 17,
2008. See Raw Flexible Magnets from the People's Republic of China:
Countervailing Duty Order, 73 FR 53849 (September 17, 2008). On March
29, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.214(c), the Department
received a timely request for new shipper review from Jingzhou Meihou
Flexible Magnet Company, Ltd. (Jingzhou Meihou). The company's business
proprietary version, however, was not properly bracketed. The
Department, therefore, rejected that submission and requested that
Jingzhou Meihou resubmit the request, which would be considered timely
for consideration of a new shipper review. See Memorandum to the File
from Kristen Johnson, Trade Analyst, AD/CVD Operations, Office 3,
regarding ``Jingzhou Meihou's New Shipper Review Submission Rejected,''
dated April 1, 2010.\1\ On April 5, 2010, Jingzhou Meihou resubmitted
its new shipper review request. Jingzhou Meihou certified that it is
both the exporter and producer of the subject merchandise upon which
its request for a new shipper review is based. On April 23, 2010,
Magnum Magnetics Corporation (Petitioner) submitted comments regarding
the request for new shipper review by Jingzhou Meihou. The Department
is currently evaluating the comments submitted by Petitioner and will
address the comments during the new shipper review.
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\1\ This public document and all other public Departmental
documents are available on the public record located within the
Central Records Unit (CRU), Room 1117 of the Commerce building.
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Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Jingzhou Meihou certified that it did not export RFM
to the United States during the period of investigation (POI).\2\
Further, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Jingzhou Meihou certified that, since the
initiation of the investigation, it has never been affiliated with any
PRC exporter or producer who exported RFM to the United States
[[Page 22742]]
during the POI, including those not individually examined during the
investigation.
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\2\ The CVD POI was January 1, 2006, through December 31, 2006.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Jingzhou Meihou submitted documentation
establishing the following: (1) the date on which Jingzhou Meihou first
shipped RFM for export to the United States and the date on which the
RFM were first entered, or withdrawn from warehouse, for consumption;
(2) the volume of its first shipment;\3\ and (3) the date of its first
sale to an unaffiliated customer in the United States. Jingzhou Meihou
also certified that, in accordance with 19 CFR 351.214(b)(2)(v), it has
informed the Government of the People's Republic of China that it will
be required to provide a full response to the Department's
questionnaire.
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\3\ This shipment constitutes the only shipment that Jingzhou
Meihou has made to the United States.
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The Department conducted a U.S. Customs and Border Protection (CBP)
database query and confirmed that the shipment of subject merchandise
from Jingzhou Meihou entered the United States for consumption and
liquidation of such entry was properly suspended for countervailing
duties. After examining the CBP data, the Department requested
additional information from Jingzhou Meihou. See letter to Jingzhou
Meihou regarding, ``Request for Antidumping and Countervailing Duty New
Shipper Review of Raw Flexible Magnets from the People's Republic of
China,'' dated April 8, 2010. On April 12, 2010, Jingzhou Meihou
submitted its response to the Department's request for additional
information. See Jingzhou Meihou's letter regarding, ``Request for More
Information regarding Initiation of Antidumping and Countervailing Duty
New Shipper Reviews of Raw Flexible Magnets from the People's Republic
of China,'' dated April 12, 2010.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214, the
Department finds that Jingzhou Meihou meets the threshold requirements
for initiation of a new shipper review of its shipment of RFM from the
PRC. See Memorandum to the File through Melissa G. Skinner, Director,
AD/CVD Operations, Office 3, from Kristen Johnson, Trade Analyst, AD/
CVD Operations, Office 3, regarding ``Initiation of CVD New Shipper
Review of Jingzhou Meihou: Raw Flexible Magnets from the People's
Republic of China,'' dated concurrently with this notice.
The Department's regulations state, in 19 CFR 351.214(g)(2), that
the POR for a CVD new shipper review will be the same period as that
specified in 19 CFR 351.213.(e)(2), which states that the Department
normally will cover entries of subject merchandise during the most
recently completed calendar year. However, the Department noted in the
Preamble to its Final Regulations that the regulations continue to
``provide the Department with sufficient flexibility to resolve any
problems that may arise by modifying the standard review period.'' See
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27320 (May
19, 1997) (Preamble). The Department's regulations permit a party to
file a request for a new shipper review during the six month period
preceding the anniversary month and the six month period preceding the
semiannual anniversary month. If a calendar year standard is utilized,
as noted in the Department's regulations, Jingzhou Meihou's entry would
not be covered in the review. Therefore, the review period for this new
shipper review will be January 1, 2009, through February 28, 2010.
Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish
the notice of initiation of a new shipper review no later than the last
day of the month following the anniversary month or semiannual
anniversary month of the order. Thus, the deadline for publishing this
notice of initiation is April 30, 2010.
The Department intends to issue the preliminary results of this
review no later than 180 days after the date of initiation, and the
final results of this review no later than 90 days after the date on
which the preliminary results are issued. See 19 CFR 351.214(i).
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for certain entries of the subject merchandise
from Jingzhou Meihou in accordance with section 751(a)(2)(B)(iii) of
the Act and 19 CFR 351.214(e). Because Jingzhou Meihou certified that
it both produces and exports the subject merchandise, the sales of
which form the basis for its new shipper review request, we will
instruct CBP to permit the use of a bond only for entries of subject
merchandise which the respondent both produced and exported.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: April 22, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-10170 Filed 4-29-10; 8:45 am]
BILLING CODE 3510-DS-S