[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]
-----------------------------------------------------------------------
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