[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Notices]
[Pages 15418-15419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6899]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-917]
Laminated Woven Sacks from the People's Republic of China:
Rescission of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding the
administrative review of the countervailing duty order on laminated
woven sacks (LWS) from the People's Republic of China (PRC) for the
period December 3, 2007 to December 31, 2008, with respect to Zibo
Aifudi Plastic Packaging Co., Ltd. (Zibo Aifudi). Since Zibo Aifudi was
the only remaining producer/exporter subject to review, this notice
also serves to rescind the entire administrative review. This
rescission is based on Zibo Aifudi's withdrawal of its request for
review.
EFFECTIVE DATE: March 29, 2010.
FOR FURTHER INFORMATION CONTACT: Dana Mermelstein, AD/CVD Operations,
Office 6, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-1391.
SUPPLEMENTARY INFORMATION:
Background
The Department published a notice of opportunity to request an
administrative review of the countervailing duty order on LWS from the
PRC. See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative Review,
74 FR 41120 (August 14, 2009), as amended. Changshu Xinsheng Bags
Producing Company Ltd. (Changshu) and Zibo Aifudi timely requested an
administrative review of themselves under the countervailing duty order
on LWS from the PRC for the period December 3, 2007 through December
31, 2008.\1\
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\1\ In accordance with the World Trade Organization Agreement on
Subsidies and Countervailing Measures, entries of this merchandise
made on or after April 1, 2008 and before August 5, 2008 are not
subject to countervailing duties.
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[[Page 15419]]
In accordance with Section 751 (a)(1) of the Tariff Act of 1930
(the Act) and 19 CFR 351.221(c)(1)(i), the Department published a
notice initiating an administrative review of the countervailing duty
order. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 74 FR 48224
(September 22, 2009). Changshu subsequently withdrew its request, and
the review of Changshu was rescinded on December 4, 2009. See Laminated
Woven Sacks From the People's Republic of China: Partial Rescission of
Countervailing Duty Administrative Review, 74 FR 63722 (December 4,
2009). On January 7, 2010, Zibo Aifudi withdrew its request for review.
On January 22, 2010, petitioners (the Laminated Woven Sacks Committee
and its individual members, Coating Excellence International, LLC and
Polytex Fibers Corporation) filed comments objecting to a rescission of
the administrative review.
Rescission of Countervailing Duty Administrative Review
The Department's regulations provide that the Department will
rescind an administrative review if the party that requested the review
withdraws its request for review within 90 days of the date of
publication of the notice of initiation. See 19 CFR 351.213(d)(1).
However, this deadline may be extended if the Department finds it
reasonable to do so. See 19 CFR 351.213(d)(1). Although Zibo Aifudi
filed its request shortly after the 90-day deadline, the Department has
not expended any resources yet in conducting this administrative
review, other than issuing the questionnaire. Petitioners have argued
that the Department should not rescind the review due to their concerns
that Zibo Aifudi is improperly claiming that imports of LWS produced
in, and exported from, the PRC are not subject to countervailing duties
because they contain woven fabric produced outside of the PRC. However,
petitioners' concerns can be addressed without conducting an
administrative review of the countervailing duty order. We intend to
address the issue raised by petitioners separately; interested parties
will be notified concerning how the Department intends to address
petitioners' claims.
Therefore, because there are no compelling reasons to continue
conducting this administrative review, we are accepting Zibo Aifudi's
withdrawal of its request for a countervailing duty administrative
review, and since no other party requested a review, the Department is
rescinding this administrative review of the countervailing duty order
with respect to Zibo Aifudi. Since the review is now rescinded for all
parties for which a review was requested, this notice also serves to
rescind the entire administrative review of the countervailing duty
order on LWS for the period December 3, 2007 through December 31, 2008.
Assessment
The Department will instruct CBP to assess countervailing duties on
all appropriate entries. The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
this notice.
Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protection orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, as amended, and 19 CFR
351.213(d)(4).
Dated: March 22, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-6899 Filed 3-26-10; 8:45 am]
BILLING CODE 3510-DS-S