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40838 Federal Register / Vol. 72, No.

142 / Wednesday, July 25, 2007 / Notices

Market Total Quantity in Pieces Terms of Sale Total Value

a. Exporter Name.
b. Address.
c. Contact.
d. Phone No..
e. Fax No..
3. Constructed Export Price Sales.
4. Further Manufactured.
Total Sales.

Total Quantity: by your company directly to the telephone: (202) 482–1386 or (202) 482–
• Please report quantity on a piece United States; 4047, respectively.
basis. If any conversions were used, • Please include any sales exported SUPPLEMENTARY INFORMATION:
please provide the conversion by your company to a third–country
market economy reseller where you Background
formula and source.
had knowledge that the
Terms of Sales: On May 21, 2007, the Department of
merchandise was destined to be
Commerce (the Department) published
• Please report all sales on the same resold to the United States.
in the Federal Register the preliminary
terms (e.g., free on board). • If you are a producer of subject
results of these new shipper reviews.
merchandise, please include any
Total Value: See Silicon Metal from the People’s
sales manufactured by your
Republic of China: Preliminary Results
• All sales values should be company that were subsequently
of the 2005/2006 New Shipper Reviews,
reported in U.S. dollars. Please exported by an affiliated exporter to
72 FR 28467 (May 21, 2007). The final
indicate any exchange rates used the United States.
results of these reviews are currently
and their respective dates and • Please do not include any sales of
due byAugust 9, 2007.
sources. merchandise manufactured in Hong
Kong in your figures. Extension of Time Limits for Final
Export Price Sales: Results
Further Manufactured:
• Generally, a U.S. sale is classified
as an export price sale when the • Further manufacture or assembly Section 751(a)(2)(B)(iv) of the Tariff
first sale to an unaffiliated person costs include amounts incurred for Act of 1930, as amended (the Act), and
occurs before importation into the direct materials, labor and 19 CFR 351.214(i)(1) require the
United States. overhead, plus amounts for general Department to issue the preliminary
• Please include any sales exported and administrative expense, interest results of a new shipper review within
by your company directly to the expense, and additional packing 180 days after the date on which the
United States; expense incurred in the country of new shipper review was initiated and
• Please include any sales exported further manufacture, as well as all final results of a review within 90 days
by your company to a third–country costs involved in moving the after the date on which the preliminary
market economy reseller where you product from the U.S. port of entry results were issued. The Department
had knowledge that the to the further manufacturer. may, however, extend the deadline for
merchandise was destined to be [FR Doc. E7–14370 Filed 7–24–07; 8:45 am]
completion of the final results of a new
resold to the United States. shipper review to 150 days if it
Billing Code: 3510–DS–S
• If you are a producer of subject determines that the case is
merchandise, please include any extraordinarily complicated. See section
sales manufactured by your DEPARTMENT OF COMMERCE 751(a)(2)(B)(iv) of the Act, and 19 CFR
company that were subsequently 351.214(i)(2).
exported by an affiliated exporter to International Trade Administration The Department has determined that
the United States. these new shipper reviews are
• Please do not include any sales of [A–570–806] extremely complicated because of the
merchandise manufactured in Hong numerous and complex issues raised by
Kong in your figures. Silicon Metal from the People’s interested parties in their case briefs
Republic of China: Notice of Extension concerning surrogate country and
Constructed Export Price Sales: of Time Limit for Final Results of 2005/ surrogate value selection. Therefore, the
• Generally, a U.S. sale is classified 2006 New Shipper Reviews Department finds that it is not
as a constructed export price sale practicable to complete these new
when the first sale to an unaffiliated AGENCY: Import Administration, shipper reviews within the current time
person occurs after importation. International Trade Administration, limit. Accordingly, the Department is
However, if the first sale to the Department of Commerce. extending the time limit for the
unaffiliated person is made by a EFFECTIVE DATE: July 25, 2007. completion of the final results by 60
person in the United States FOR FURTHER INFORMATION CONTACT: Scot days until October 8, 2007, in
affiliated with the foreign exporter, Fullerton or Michael Quigley, AD/CVD accordance with section 751(a)(2)(B)(iv)
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constructed export price applies Operations, Office 9, Import of the Act and 19 CFR 351.214(i)(2).
even if the sale occurs prior to Administration, International Trade However, because October 8, 2007, is a
importation. Administration, U.S. Department of federal holiday, the final results will be
Commerce, 14th Street and Constitution due on October 9, 2007, the next
• Please include any sales exported Avenue, NW, Washington, DC 20230; business day.

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Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices 40839

We are issuing and publishing this People’s Republic of China (the PRC) ‘‘Consultations with Officials from the
notice in accordance with sections receive countervailable subsidies within Government of the People’s Republic of
751(a)(2)(B) and 777(i)(1) of the Act. the meaning of section 701 of the Act China’’ (July 16, 2007) (on file in the
Dated: July 18, 2007. and that such imports are materially Central Records Unit (CRU) of the
Stephen J. Claeys,
retarding the establishment of an Department of Commerce building,
industry in the United States, or that Room B–099).
Deputy Assistant Secretary for Import
such an industry is materially injured or
Administration. Determination of Industry Support for
threatened with material injury by
[FR Doc. E7–14371 Filed 7–24–07; 8:45 am] the Petition
reason of such imports.
BILLING CODE 3510–DS–S The Department finds that the Section 702(b)(1) of the Act requires
Petitioners filed the Petition on behalf of that a petition be filed on behalf of the
the domestic industry because they are domestic industry. Section 702(c)(4)(A)
DEPARTMENT OF COMMERCE interested parties as defined in sections of the Act provides that a petition meets
771(9)(E) and (F) of the Act and the this requirement if the domestic
International Trade Administration
Petitioners have demonstrated sufficient producers or workers who support the
[C–570–917] industry support with respect to the petition account for: (i) at least 25
countervailing duty investigation (see percent of the total production of the
Laminated Woven Sacks from the ‘‘Determination of Industry Support for domestic like product; and (ii) more
People’s Republic of China: Initiation the Petition’’ section below). than 50 percent of the production of the
of Countervailing Duty Investigation domestic like product produced by that
Scope of Investigation portion of the industry expressing
AGENCY: Import Administration,
International Trade Administration, The merchandise covered by this support for, or opposition to, the
Department of Commerce. investigation is laminated woven sacks. petition. Moreover, section 702(c)(4)(D)
See Attachment to this notice for a of the Act provides that, if the petition
EFFECTIVE DATE: July 25, 2007.
complete description of the does not establish support of domestic
FOR FURTHER INFORMATION CONTACT: merchandise covered by this producers or workers accounting for
Mark Hoadley or Joshua Reitze, AD/ investigation. more than 50 percent of the total
CVD Operations, Office 6, Import production of the domestic like product,
Administration, International Trade Comments on Scope of Investigation
the Department shall: (i) poll the
Administration, U.S. Department of During our review of the Petition, we industry or rely on other information in
Commerce, 14th Street and Constitution discussed the scope with the Petitioners order to determine if there is support for
Avenue, NW, Washington, DC 20230; to ensure that it is an accurate reflection the petition, as required by
telephone: (202) 482–3128 and (202) of the products for which the domestic subparagraph (A), or (ii) determine
482–0666, respectively. industry is See king relief. Moreover, as industry support using a statistically
Initiation of Investigation discussed in the preamble to the valid sampling method.
regulations (Antidumping Duties; Section 771(4)(A) of the Act defines
SUPPLEMENTARY INFORMATION: Countervailing Duties; Final Rule, 62 FR the ‘‘industry’’ as the producers as a
27296, 27323 (May 19, 1997)), we are whole of a domestic like product. Thus,
The Petition
setting aside a period for interested to determine whether a petition has the
On June 28, 2007, the Department of parties to raise issues regarding product requisite industry support, the statute
Commerce (Department) received a coverage. The Department encourages directs the Department to look to
Petition filed in proper form by the all interested parties to submit such producers and workers who produce the
Laminated Woven Sacks Committee and comments by August 7, 2007. domestic like product. The International
its individual members, Bancroft Bag, Comments should be addressed to Trade Commission (ITC), which is
Inc., Coating Excellence International, Import Administration’s Central responsible for determining whether
LLC, Hood Packaging Corporation, Mid– Records Unit, Room 1870, U.S. ‘‘the domestic industry’’ has been
America Packaging, LLC, and Polytex Department of Commerce, 14th Street injured, must also determine what
Fibers Corporation (collectively, the and Constitution Avenue, NW, constitutes a domestic like product in
Petitioners). See Petition for the Washington, DC 20230, attention Mark order to define the industry. While both
Imposition of Antidumping and Hoadley, room 7866. The period of the Department and the ITC must apply
Countervailing Duties Against scope consultations is intended to the same statutory definition regarding
Laminated Woven Sacks from the provide the Department with ample the domestic like product (section
People’s Republic of China (June 28, opportunity to consider all comments 771(10) of the Act), they do so for
2007) (Petition). On July 2, July 6, July and to consult with parties prior to the different purposes and pursuant to a
11, and July 12, 2007, the Department issuance of the preliminary separate and distinct authority. In
issued requests for additional determination. addition, the Department’s
information and clarification of certain determination is subject to limitations of
areas of the Petition involving general Consultations time and information. Although this
issues concerning the countervailing Pursuant to section 702(b)(4)(A)(ii) of may result in different definitions of the
duty (CVD) allegations. Based on the the Act, on June 29, 2007, the like product, such differences do not
Department’s requests, the Petitioners Department invited representatives of render the decision of either agency
filed additional information concerning the Government of the People’s contrary to law. See USEC, Inc. v.
the Petition on July 11 and July 13, Republic of China (herein after the GOC) United States, 132 F. Supp. 2d 1, 8 (CIT
2007. for consultations with respect to the 2001), citing Algoma Steel Corp. Ltd. v.
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In accordance with section 702(b)(1) countervailing duty Petition. The United States, 688 F. Supp. 639, 644
of the Tariff Act of 1930, as amended Department held these consultations in (1988), aff’d 865 F.2d 240 (Fed. Cir.
(the Act), the Petitioners allege that Beijing, China, with representatives of 1989), cert. denied 492 U.S. 919 (1989).
manufacturers, producers, or exporters the GOC on July 16, 2007. See Section 771(10) of the Act defines the
of laminated woven sacks (LWS) in the Memorandum to the File, domestic like product as ‘‘a product

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