[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Page 19940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8774]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-969]
Notice of Extension of the Deadline for Determining the Adequacy
of the Antidumping Duty Petition: Glyphosate from the People's Republic
of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 16, 2010.
FOR FURTHER INFORMATION CONTACT: Andrea Berton at (202) 482-4037, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street and
Constitution Avenue, NW, Washington, DC 20230.
Extension of Initiation of Investigations
The Petition
On March 31, 2010, the Department of Commerce (Department) received
an antidumping duty petition filed by Albaugh, Inc. (petitioner) on
behalf of the domestic industry producing glyphosate. See Antidumping
Duty Petition on Glyphosate from the People's Republic of China (March
31, 2010) (Petition).
Determination of Industry Support for the Petition
Section 732(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires that a petition be filed by or on behalf of the domestic
industry. Section 732(c)(4)(A) of the Act provides that the
Department's industry support determination be based on whether a
minimum percentage of the relevant industry supports the petition. A
petition meets this requirement if the domestic producers or workers
who support the petition account for: (i) at least 25 percent of the
total production of the domestic like product; and (ii) more than 50
percent of the production of the domestic like product produced by that
portion of the industry expressing support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D) of the Act provides that, if
the petition does not establish support of domestic producers or
workers accounting for more than 50 percent of the total production of
the domestic like product, the Department shall: (i) poll the industry
or rely on other information in order to determine if there is support
for the petition, as required by subparagraph (A), or (ii) if there is
a large number of producers, determine industry support using a
statistically valid sampling method to poll the industry.
Extension of Time
Section 732(c)(1)(A)(ii) of the Act provides that within 20 days of
the filing of an antidumping duty petition, the Department will
determine, inter alia, whether the petition has been filed by or on
behalf of the U.S. industry producing the domestic like product.
Section 732(c)(1)(B) of the Act provides that the deadline for the
initiation determination, in exceptional circumstances, may be extended
by 20 days in any case in which the Department must ``poll or otherwise
determine support for the petition by the industry.'' Because it is not
clear from the Petition whether the industry support criteria have been
met, nor does the Petition provide a usable figure for total production
of the domestic like product, the Department has determined it should
extend the time for initiating an investigation in order to poll the
domestic industry.
The Department will need additional time to gather and analyze the
domestic producers' responses to the Department's request for
information. Therefore, it is necessary to extend the deadline
determining the adequacy of the Petition for a period not to exceed 40
days from the filing of the Petition. As a result, the initiation
determination will now be due no later than May 10, 2010.
International Trade Commission Notification
The Department will contact the International Trade Commission
(ITC) and will make this extension notice available to the ITC.
Dated: April 12, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-8774 Filed 4-15-10; 8:45 am]
BILLING CODE 3510-DS-S