[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Pages 52721-52722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21412]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-923]
Raw Flexible Magnets From the People's Republic of China: Notice
of Rescission of Countervailing Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 27, 2010.
SUMMARY: In response to a request from Jingzhou Meihou Flexible Magnet
Company, Ltd. (Jingzhou Meihou), the Department of Commerce (the
Department) initiated a new shipper review of the countervailing duty
(CVD) order on raw flexible magnets from the People's Republic of China
(PRC) covering the period January 1, 2009, through February 28, 2010.
The Department has determined that Jingzhou Meihou is not eligible
for a CVD new shipper review because of its affiliation with an
exporter of subject merchandise to the United States during the CVD
period of investigation (POI). As such, we are rescinding this CVD new
shipper review with respect to Jingzhou Meihou.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, Antidumping and
Countervailing Duty Operations, Office 3, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Room 4014, Washington, DC 20230,
telephone: (202) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
The CVD order on raw flexible magnets from the PRC was published on
September 17, 2008. See Raw Flexible
[[Page 52722]]
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 a new shipper review from Jingzhou Meihou. On April 22, 2010, the
Department found that the request for review with respect to Jinzhou
Meihou met all of the regulatory requirements set forth in 19 CFR
351.214(b) and initiated a CVD new shipper review. See Raw Flexible
Magnets from the People's Republic of China: Initiation of
Countervailing Duty New Shipper Review, 75 FR 22741 (April 30,
2010).\1\
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\1\ The Department also initiated an antidumping duty new
shipper review with respect to Jingzhou Meihou. See Raw Flexible
Magnets from the People's Republic of China: Initiation of
Countervailing Duty New Shipper Review, 75 FR 22740 (April 30,
2010).
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On May 5, 2010, we issued a CVD questionnaire to Jingzhou Meihou
and received the company's response on June 21, 2010.\2\ On June 28,
2010, Magnum Magnetics Corporation, the petitioner, submitted to the
Department comments on Jinzhou Meihou's questionnaire response.\3\ In
its submission, petitioner argued that Jingzhou Meihou is not eligible
for a new shipper review on the basis that there is a familial
affiliation between it and Dongguan Maghard Flexible Magnet Co., Ltd.
(Dongguan Maghard), a company that exported subject merchandise to the
United States during the CVD POI, which was January 1, 2006, through
December 31, 2006.
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\2\ See Department's Questionnaire addressed to Frost Brown
Todd, counsel to Jingzhou Meihou, regarding ``New Shipper Review:
Raw Flexible Magnets from the People's Republic of China (May 5,
2010) and Jingzhou Meihou's Response to CVD Questionnaire (June 21,
2010).
\3\ See Petitioner's ``Rebuttal to Jingzhou Meihou Comments''
submission (June 28, 2010).
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On July 30, 2010, we issued a memorandum detailing our analysis of
the affiliation issue. See Memorandum to Edward C. Yang, Acting Deputy
Assistant Secretary, for Antidumping and Countervailing Duty
Operations, from Melissa G. Skinner, Director, Operations, Office 3,
regarding ``Jingzhou Meihou's Eligibility for a New Shipper,'' (July
30, 2010) (Affiliation Memorandum). We found that Jinzhou Meihou and
Dongguan Maghard are affiliated companies on the basis of a familial
connection. We also found that Dongguan Maghard was an exporter of
subject merchandise to the United States during the CVD POI. We,
therefore, determined that Jingzhou Meihou is not eligible for a CVD
new shipper review. We provided interested parties the opportunity to
submit comments on the Affiliation Memorandum. On August 6, 2010,
Jingzhou Meihou submitted a letter to the Department expressing
disagreement with the Department's decision regarding affiliation.\4\
Jinzhou Meihou, however, stated that it would respect the Department's
decision that the CVD new shipper review be rescinded.\5\ Petitioner
did not submit any comments on the Affiliation Memorandum to the
Department. As such, we are rescinding the CVD new shipper review with
respect to Jinzhou Meihou and are not calculating a company-specific
rate for the company.
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\4\ See Letter from Frost Brown Todd regarding ``Jingzhou
Meihou's Eligibility for a New Shipper Review'' (August 6, 2010).
\5\ Id.
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Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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.
This notice is published in accordance with section 777(i) of the
Act and 19 CFR 351.214(f)(3).
Dated: August 23, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-21412 Filed 8-26-10; 8:45 am]
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