You are on page 1of 5

32362 Federal Register / Vol. 75, No.

109 / Tuesday, June 8, 2010 / Notices

Pursuant to section 751(a)(3)(A) of the 2009. See Fresh Garlic from the People’s DEPARTMENT OF COMMERCE
Act and 19 CFR 351.213(h)(2), we Republic of China: Initiation of New
determine that it is not practicable to Shipper Reviews, 75 FR 343 (January 5, International Trade Administration
complete the results of this review 2010). On February 12, 2010, the [C–570–948]
within the original time limit. The Department issued a memorandum that
Department needs additional time to tolled the deadlines for all Import Certain Steel Grating from the People’s
analyze a significant amount of Administration cases by seven calendar Republic of China: Final Affirmative
information, which was recently days due to the Federal Government Countervailing Duty Determination
submitted, and to determine whether closure. See Memorandum for the
any additional information is required. AGENCY: Import Administration,
Record from Ronald Lorentzen, DAS for International Trade Administration,
Therefore, in accordance with section Import Administration, Tolling of
751(a)(3)(A) of the Act, the Department Department of Commerce.
Administrative Deadlines as a Result of SUMMARY: The Department of Commerce
has decided to extend the time limit for
the Government Closure During the (the Department) has determined that
the preliminary results from 245 days to
Recent Snowstorm, dated February 12, countervailable subsidies are being
365 days. The preliminary results will
now be due no later than December 7, 2010. As a result, the preliminary provided to producers and exporters of
2010. Unless extended, the final results results of these new shipper reviews are steel grating from the People’s Republic
continue to be due 120 days after the currently due no later than July 6, 2010. of China (PRC). For information on the
publication of the preliminary results, estimated countervailable subsidy rates,
Statutory Time Limits please see the ‘‘Suspension of
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1) of the Section 751(a)(2)(B)(iv) of the Tariff Liquidation’’ section, below.
Department’s regulations. Act of 1930, as amended (the Act), EFFECTIVE DATE: June 8, 2010.
This notice is issued and published in provides that the Department will issue FOR FURTHER INFORMATION CONTACT:
accordance with sections 751(a)(3)(A) the preliminary results of a new shipper Justin Neuman or Nicholas Czajkowski
and 777(i)(1) of the Act. review of an antidumping duty order AD/CVD Operations, Office 6, Import
within 180 days after the day on which Administration, International Trade
Dated: June 1, 2010.
the review was initiated. See also 19 Administration, U.S. Department of
John M. Andersen,
CFR 351.214(i)(1). The Act further Commerce, 14th Street and Constitution
Acting Deputy Assistant Secretary for Avenue, NW, Washington, DC 20230;
Antidumping and Countervailing Duty provides that the Department may
telephone: (202) 482–0486, (202) 482–
Operations. extend that 180-day period to 300 days
1395, respectively.
[FR Doc. 2010–13730 Filed 6–7–10; 8:45 am] if it determines that the case is
BILLING CODE 3510–DS–P extraordinarily complicated. See 19 CFR Petitioners
351.214(i)(2). Petitioners in this investigation are
Extension of Time Limit for Preliminary Alabama Metal Industries Corp.
DEPARTMENT OF COMMERCE (AMICO) and Fisher & Ludlow
Results
(collectively, ‘‘Petitioners’’).
International Trade Administration
The Department determines that these Period of Investigation
[A–570–831] new shipper reviews involve
extraordinarily complicated The period for which we are
Fresh Garlic From the People’s measuring subsidies, i.e., the period of
methodological issues, including the
Republic of China: Extension of Time investigation (POI), is January 1, 2008
Limit for the Preliminary Results of the examination of importer information.
through December 31, 2008.
New Shipper Reviews Additional time is also required to
ensure that the Department has Case History
AGENCY: Import Administration, adequate time to include Chengda, The following events have occurred
International Trade Administration, Yuanxin, and Huachao’s supplemental since the preliminary determination.
Department of Commerce. questionnaire responses in its See Certain Steel Grating from the
DATES: Effective Date: June 8, 2010. examination of the bona fides of the People’s Republic of China: Preliminary
FOR FURTHER INFORMATION CONTACT: companies’ sales. Therefore, in Affirmative Countervailing Duty
Scott Lindsay, AD/CVD Operations, accordance with section 751(a)(2)(B)(iv) Determination and Alignment of Final
Office 6, Import Administration, of the Act and 19 CFR 351.214(i)(2), the Countervailing Duty Determination with
International Trade Administration, Department is extending the time limit Final Antidumping Duty Determination,
U.S. Department of Commerce, 14th for these preliminary results to 300 74 FR 56796 (November 3, 2009)
Street and Constitution Avenue, NW., days, until no later than November 1, (Preliminary Determination).
Washington, DC 20230; telephone: (202) 2010. The Department issued several
482–0780. supplemental questionnaires to the
We are issuing and publishing this Government of the People’s Republic of
Background notice in accordance with sections China (GOC) and Ningbo Jiulong
On December 29, 2009, the 751(a)(2)(B)(iv) and 777(i) of the Act. Machinery Manufacturing Co., Ltd.
Department of Commerce (Department) Dated: June 1, 2010. (Ningbo Jiulong). The Department
emcdonald on DSK2BSOYB1PROD with NOTICES

initiated new shipper reviews of fresh John M. Andersen, received responses to questionnaires
garlic from the People’s Republic of Acting Deputy Assistant Secretary for issued to the GOC in December 2009, as
China (PRC) for Jinxiang Chengda Imp Antidumping and Countervailing Duty well as in January and February 2010.
& Exp Co., Ltd. (Chengda), Jinxiang Operations. The Department received responses to
Yuanxin Imp & Exp Co., Ltd. (Yuanxin), [FR Doc. 2010–13731 Filed 6–7–10; 8:45 am]
questionnaires issued to Ningbo Jiulong
and Zhengzhou Huachao Industrial Co., in December 2009, as well as in January,
BILLING CODE 3510–DS–P
Ltd. (Huachao) covering the period February, and March 2010. Public
November 1, 2008 through October 31, versions of the questionnaires and

VerDate Mar<15>2010 16:31 Jun 07, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 32363

responses, as well as the various provided to the Department at significant errors in the Ningbo Jiulong
memoranda cited below, are available in verification. See Letter to Secretary Verification Report issued by the
the Department’s Central Records Unit Locke from Gregory S. Menegaz, Certain Department on April 14, 2010, and
(Room 1117 in the HCHB Building) Steel Grating from the People’s Republic urging the Department not to let those
(hereinafter referred to as the CRU). of China – Minor Corrections – Ningbo errors color its analysis for the purposes
As explained in the Memorandum Jiulong (March 15, 2010). of the final determination.
from the Deputy Assistant Secretary for On March 23, 2010, we requested On April 26, 2010, we received case
Import Administration, the Department permission from Customs and Border briefs from Petitioners, the GOC, Ningbo
has exercised its discretion to toll Protection (CBP) to place on the record Jiulong, and Yantai Xinke Steel
deadlines for the duration of the closure certain entry documents that it had Structure Co., Ltd. (an exporter/
of the Federal Government from provided for the record in the producer of steel grating that was not
February 5, through February 12, 2010. corresponding antidumping (AD) selected as a mandatory respondent in
Thus, all deadlines in this segment of investigation. See Memorandum to Tom this investigation). On April 28, the
the proceeding have been extended by Futtner, Supervisory Import Compliance Department issued a letter rejecting
seven days. The revised deadline for Analyst, Customs Unit, Import Petitioners’ brief because it contained
this final CVD determination is now Administration from Nicholas new factual information. See Letter to
May 28, 2010. See Memorandum to the Czajkowski, International Trade AMICO and Fisher & Ludlow from
Record from Ronald K. Lorentzen, Analyst, Office 6, Countervailing Duty Barbara E. Tillman, Director, AD/CVD
Deputy Assistant Secretary for Import Investigation of Certain Steel Grating Operations, Office 6, Import
Administration, regarding ‘‘Tolling of from the People’s Republic of China: Administration, Rejection of New
Administrative Deadlines As a Result of Request for Customs Documents (March Factual Information Submitted in Case
the Government Closure During the 23, 2010). Those documents were Brief Dated April 26, 2010. Petitioners
Recent Snowstorm’’ (February 12, 2010). placed on the record on April 6, 2010. resubmitted their brief on April 29,
On February 24, 2010, Department See Memorandum to the File from 2010. Rebuttal briefs were submitted by
officials met with Petitioners’ counsel to Nicholas Czajkowski, Trade Analyst, Petitioners, the GOC, and Ningbo
discuss issues related to the upcoming Office 6, AD/CVD Operations, Jiulong on May 3, 2010.
verification of the GOC and Ningbo Countervailing Duty Investigation of On May 4, 2010, Ningbo Jiulong
Jiulong. See Memorandum for the File Certain Steel Grating (CSG) from the withdrew its request for a hearing. On
from Nicholas Czajkowski, Case People’s Republic of China (PRC): CBP May 6, 2010, Department officials met
Analyst, AD/CVD Operations, Meeting Entry Documents (April 6, 2010). with representatives of Ningbo Jiulong
with Counsel for Petitioners: On March 23, 2010, we issued a letter regarding issues in the briefs submitted
Countervailing Duty Investigation on establishing a deadline for parties to by their client and by Petitioners. See
Certain Steel Grating from the People’s rebut factual information recently added Memorandum for the File from Justin
Republic of China (February 26, 2010). to the record. See Letter to Ningbo M. Neuman, International Trade
On March 8, 2010, Petitioners placed Jiulong from Barbara E. Tillman, Analyst, AD/CVD Operations, Office 6,
on the record a detailed analysis of mill Director, AD/CVD Operations, Office 6, Ex–Parte Meeting with Representatives
test certificates that were provided to Countervailing Duty Investigation; of Ningbo Jiulong Machinery
the Department by Ningbo Jiulong. See Certain Steel Grating from the People’s Manufacturing Co., Ltd. (May 10, 2010).
Letter to Secretary Locke from Timothy Republic of China (March 23, 2010). On May 10, 2010, Department officials
C. Brightbill, Certain Steel Grating from On March 23, 2010, Ningbo Jiulong met with Petitioners’ counsel to discuss
the People’s Republic of China: filed clarifying and rebuttal comments issues related to the briefs. See
Comments on Mill Test Certificates related to Petitioners’ March 8, 2010 Memorandum for the File from Justin
(March 8, 2010). analysis of mill test certificates provided M. Neuman, International Trade
From March 8 through March 13, by Ningbo Jiulong to the Department. Analyst, AD/CVD Operations, Office 6,
2010, we conducted verification of the See Letter to Secretary Locke from Countervailing Duty Investigation of
questionnaire responses submitted by Ningbo Jiulong, Steel Grating from Certain Steel Grating from the People’s
the GOC and Ningbo Jiulong. We issued China – Ningbo Jiulong Machinery Republic of China: Ex–Parte Meeting
verification reports on April 14, 2010. Manufacturing Co. Ltd. and Ningbo with Representatives of Alabama Metal
See Memorandum to the File from Zhenhai Jiulong Electronic Equipment Industries, Fisher and Ludlow (May 19,
Thomas Beline, Staff Attorney; Nicholas Factory – Rebuttal to Petitioners’ March 2010).
Czajkowski, International Trade 8, 2010 Submission (March 24, 2010).
Analyst; and Justin Neuman, On April 15, 2010, we issued our Scope of the Investigation
International Trade Analyst, post–preliminary determination The products covered by this
Verification of the Questionnaire regarding the ‘‘Provision of Electricity at investigation are certain steel grating,
Responses Submitted by the Less than Adequate Remuneration.’’ See consisting of two or more pieces of steel,
Government of China (April 14, 2010), Memorandum to Ronald K. Lorentzen, including load–bearing pieces and cross
and Memorandum to the File from Deputy Assistant Secretary for Import pieces, joined by any assembly process,
Thomas Beline, Staff Attorney; Nicholas Administration from John M. Andersen, regardless of: (1) size or shape; (2)
Czajkowski, International Trade Acting Deputy Assistant Secretary for method of manufacture; (3) metallurgy
Analyst; and Justin Neuman, AD/CVD Operations, Countervailing (carbon, alloy, or stainless); (4) the
International Trade Analyst, Duty Investigation of Certain Steel profile of the bars; and (5) whether or
emcdonald on DSK2BSOYB1PROD with NOTICES

Verification of the Questionnaire Grating from the People’s Republic of not they are galvanized, painted, coated,
Responses Submitted by Ningbo Jiulong China (PRC): Post–Preliminary clad or plated. Steel grating is also
Machinery Manufacturing Co., Ltd. and Determination Regarding the Provision commonly referred to as ‘‘bar grating,’’
Ningbo Zhenhai Jiulong Electronic of Electricity for Less than Adequate although the components may consist of
Equipment Factory (April 14, 2010) Remuneration (April 15, 2010). steel other than bars, such as hot–rolled
(Ningbo Jiulong Verification Report). On April 23, 2010, we received sheet, plate, or wire rod.
On March 15, 2010, Ningbo Jiulong comments from Ningbo Jiulong The scope of this investigation
filed a copy of the minor corrections regarding what it considers to be several excludes expanded metal grating, which

VerDate Mar<15>2010 16:31 Jun 07, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1
32364 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices

is comprised of a single piece or coil of Decision Memorandum. The Decision and any rates determined entirely under
sheet or thin plate steel that has been Memorandum also contains a complete section 776 of the Act. In this
slit and expanded, and does not involve analysis of the programs covered by this investigation, the Department selected
welding or joining of multiple pieces of investigation, and the methodologies two mandatory respondents to review.
steel. The scope of this investigation used to calculate the subsidy rates. After receiving and reviewing the
also excludes plank type safety grating Parties can find a complete discussion questionnaire responses of one of the
which is comprised of a single piece or of all issues raised in this investigation mandatory respondents, United Steel
coil of sheet or thin plate steel, typically and the corresponding Structures, Ltd. (USSL), the Department
in thickness of 10 to 18 gauge, that has recommendations in this public determined that, because USSL was not
been pierced and cold formed, and does memorandum, which is on file in the a steel grating exporter or producer, it
not involve welding or joining of Central Records Unit, room 1117 in the would be an inappropriate mandatory
multiple pieces of steel. main building of the Commerce respondent in this investigation. See
Certain steel grating that is the subject Department. In addition, a complete Memorandum to Ronald K. Lorentzen,
of this investigation is currently version of the Decision Memorandum Acting Assistant Secretary for Import
classifiable in the Harmonized Tariff can be accessed directly on the Internet Administration from John M. Andersen,
Schedule of the United States at http://ia.ita.doc.gov/frn/. The paper Acting Deputy Assistant Secretary for
(‘‘HTSUS’’) under subheading copy and electronic version of the AD/CVD Operations, Countervailing
7308.90.7000. While the HTSUS Decision Memorandum are identical in Duty Investigation of Certain Steel
subheading is provided for convenience content. Grating from the People’s Republic of
and customs purposes, the written China: Whether USSL Should be
description of the scope of this Use of Adverse Facts Available
Maintained as a Mandatory
investigation is dispositive. For purposes of this final Respondent. However, because that
determination, we have relied on facts determination was made on October 23,
Injury Test available and drawn adverse inferences, 2009, three days before the preliminary
Because the PRC is a ‘‘Subsidies in accordance with sections 776(a) and determination, the Department
Agreement Country’’ within the meaning (b) of the Act, with regard to Ningbo determined that it could not select an
of section 701(b) of the Tariff Act of Jiulong’s receipt of countervailable additional mandatory respondent to
1930, as amended (the Act), the subsidies under the ‘‘Provision of Hot– calculate an individual rate for in this
International Trade Commission (ITC) is Rolled Steel for Less than Adequate investigation. Because there is only one
required to determine, pursuant to Remuneration’’ and ‘‘Provision of Wire respondent in this investigation for
section 701(a)(2) of the Act, whether Rod for Less than Adequate which the Department has calculated a
imports of the subject merchandise from Remuneration’’ programs. A full company–specific rate, consistent with
the PRC materially injure, or threaten discussion of our decision to apply our practice and section 705(c)(5)(A)(i)
material injury to, a United States partial adverse facts available (AFA) is of the Act, its rate serves as the ‘‘all
industry. On July 20, 2009, the ITC presented in the Decision Memorandum others’’ rate. See e.g., Final Affirmative
published its preliminary determination in the section ‘‘Application of Facts Countervailing Duty Determination:
that there is a reasonable indication that Available, Including the Application of Certain Hot–Rolled Carbon Steel Flat
an industry in the United States is Adverse Inferences,’’ as well as the Products from Thailand, 66 FR 50410,
materially injured by reason of allegedly Department’s position on Comment 4 in 50411 (October 3, 2001); and Final
subsidized imports from the PRC of the Decision Memorandum. Affirmative Countervailing Duty
subject merchandise. See Certain Steel With respect to the GOC’s ‘‘Provision Determination: Pure Magnesium From
Grating From China Determinations, 74 of Electricity for Less than Adequate Israel, 66 FR 49351, 49353 (Sept. 27,
FR 35204 (July 20, 2009); and Certain Remuneration,’’ the Department has also 2001).
Steel Grating from China (Preliminary), relied upon facts available and drawn
USITC Pub. 4087, Inv. Nos. 701–TA– adverse inferences, in accordance with Net
465 and 731–TA–1161 (July 2009). sections 776(a) and (b) of the Act. A full Exporter/Manufacturer Countervailable
discussion of our decision to apply Subsidy Rate
Analysis of Subsidy Programs and
partial AFA is presented in the section Ningbo Jiulong Machinery
Comments Received
‘‘Application of Facts Available, Manufacturing Co., Ltd. ... 62.46% ad
All issues raised in the case and Including the Application of Adverse valorem
rebuttal briefs by parties to this Inferences,’’ and the Department’s All Others ............................. 62.46% ad
investigation are addressed in the position on Comment 10 of the Decision valorem
Memorandum to Ronald K. Lorentzen, Memorandum.
Deputy Assistant Secretary for Import As a result of our Preliminary
Administration, from John M. Andersen, Suspension of Liquidation Determination, we instructed CBP to
Acting Deputy Assistant Secretary for In accordance with section suspend liquidation of all entries of
Antidumping and Countervailing Duty 705(c)(1)(B)(i)(I) of the Act, we have steel grating from the PRC which were
Operations, entitled ‘‘Issues and calculated an individual rate for the entered or withdrawn from warehouse,
Decision Memorandum for the Final mandatory respondent under for consumption on or after November
Determination in the Countervailing investigation, Ningbo Jiulong Machinery 3, 2009, the date of the publication of
Duty Investigation of Certain Steel Manufacturing Co., Ltd. Section the Preliminary Determination in the
emcdonald on DSK2BSOYB1PROD with NOTICES

Grating from the People’s Republic of 705(c)(5)(A)(i) of the Act states that for Federal Register and to collect cash
China,’’ dated concurrently with this companies not investigated, we will deposits of estimated countervailing
notice (hereinafter, Decision determine an ‘‘all others’’ rate equal to duties or bonds, in the amount of the
Memorandum), which is hereby the weighted–average countervailable preliminary countervailing duty rates.
adopted by this notice. Attached to this subsidy rates established for exporters Pursuant to section 703(d) of the Act,
notice as an Appendix is a list of the and producers individually we subsequently instructed CBP to
issues that parties have raised and to investigated, excluding any zero and de discontinue the suspension of
which we have responded in the minimis countervailable subsidy rates, liquidation for countervailing duty

VerDate Mar<15>2010 16:31 Jun 07, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 32365

purposes for subject merchandise Dated: May 28, 2010. 8. Tax Subsidies for FIES in Specially
entered on or after March 3, 2010, but Paul Piquado, Designated Geographic Areas
to continue the suspension of Acting Deputy Assistant Secretary for Import 9. Local Income Tax Exemption and
liquidation of entries made on or after Administration. Reduction Programs for
November 3, 2009 through March 2, ‘‘Productive’’ FIEs
Appendix 10. Income Tax Credits for FIEs
2010.
I. Summary Purchasing Domestically Produced
If the ITC issues a final affirmative Equipment
injury determination, we will issue a II. Background
11. Preferential Tax Programs for FIEs
countervailing duty order and order III. Subsidies Valuation Recognized as High or New
CBP to resume the suspension of A. Date of Applicability of CVD Law Technology Enterprises
liquidation of entries of steel grating and to the PRC 12. Import Tariff and Value Added
to require a cash deposit on all such B. Allocation Period Tax (‘‘VAT’’) Exemptions for
entries equal to the subsidy rate listed C. Cross–Ownership Encouraged Industries Importing
above. If the ITC determines that Equipment for Domestic Operations
material injury, or threat of material IV. Application of Facts Available, 13. VAT and Tariff Exemptions for
injury, does not exist, this proceeding Including the Application of Adverse Purchases of Fixed Assets Under
will be terminated and all deposits or Inferences the Foreign Trade Development
securities posted as a result of the V. Analysis of Programs Fund
suspension of liquidation will be 14. Loans and Interest Subsidies
A. Programs Determined to Be Provided Pursuant to the Northeast
refunded or canceled. Countervailable Revitalization Program
ITC Notification 1. Government Provision of Hot– 15. Grants to ‘‘Third–Line’’ Military
Rolled Steel for Less than Adequate Enterprises
In accordance with section 705(d) of 16. Guangdong and Zhejiang Province
Remuneration
the Act, we will notify the ITC of our 2. Government Provision of Wire Rod Program to Rebate Antidumping
determination. In addition, we are for Less than Adequate Fees
making available to the ITC all non– Remuneration 17. The State Key Technology Project
privileged and non–proprietary 3. Income Tax Credits for Fund
information related to this investigation. Domestically Owned Companies 18. Export Incentive Payments
We will allow the ITC access to all Purchasing Domestically Produced Characterized as ‘‘VAT Rebates’’
privileged and business proprietary Equipment 19. VAT Refunds for FIEs Purchasing
information in our files, provided the 4. Government Provision of Electricity Domestically–Produced Equipment
ITC confirms that it will not disclose for Less than Adequate 20. Technical Upgrading Grant 2005,
such information, either publicly or Remuneration 2007
under an APO, without the written 5. Other Grant Programs 21. Power Engine Grant 2005
consent of the Assistant Secretary for a) Export Grant 2006, 2007, 2008 22. Technical Innovation Grant 2006
Import Administration. b) Jiulong Lake Town Grant 2008
D. Programs For Which Ningbo Jiulong
c) Energy Saving Grant 2008
Return or Destruction of Proprietary Is Determined to Be Ineligible
d) Foreign Trade Grant 2008
Information e) Famous Brand Grant 2008 1. Liaoning Province ‘‘Five Points, One
f) Innovative Small- and Medium– Line’’ Program
In the event that the ITC issues a final Sized Enterprise Grant 2008 2. Guangzhou City Famous Exports
negative injury determination, this g) Water Fund Refund/Exemption Brands
notice will serve as the only reminder 2008 3. Grants to Companies for ‘‘Outward
to parties subject to an administrative h) Product Quality Grant Expansion’’ in Guangdong Province
protective order (APO) of their
responsibility concerning the B. Program Determined To Be Not IV. Analysis of Comments
destruction of proprietary information Countervailable Comment 1: Application of U.S.
disclosed under APO in accordance Cleaning Production Grant 2008 Countervailing Duty Law to China
with 19 CFR 351.305(a)(3). Timely Comment 2: Cut–Off Date
C. Programs Determined To Be Not Used Comment 3: Selection of Two
written notification of the return/ or To Not Provide Benefits During the
destruction of APO materials or Mandatory Respondents
POI Comment 4: Application of Adverse
conversion to judicial protective order is
hereby requested. Failure to comply 1. GOC Provision of Steel Bar for Less Facts Available
with the regulations and terms of an than Adequate Remuneration Comment 5: Department Procedures
2. GOC Provision of Steel Plate for Comment 6: Provision of Hot–Rolled
APO is a violation which is subject to
Less than Adequate Remuneration Steel and Wire Rod for Less than
sanction.
3. GOC Provision of Land–Use Rights Adequate Remuneration – The Role of
This determination is issued and to SOEs for Less than Adequate Mill Test Certificates
published pursuant to sections 705(d) Remuneration Comment 7: Provision of Hot–Rolled
emcdonald on DSK2BSOYB1PROD with NOTICES

and 777(i) of the Act. 4. ‘‘Two Free, Three Half’’ Program Steel and Wire Rod for Less than
5. Reduced Income Tax Rates for Adequate Remuneration – Whether
Export–Oriented FIEs These Programs Are Countervailable
6. Preferential Income Tax Policy for Comment 8: Provision of Hot–Rolled
Enterprises in the Northeast Region Steel and Wire Rod for Less than
7. Forgiveness of Tax Arrears for Adequate Remuneration – Appropriate
Enterprises in the Old Industrial Benchmark
Bases of Northeast China

VerDate Mar<15>2010 16:31 Jun 07, 2010 Jkt 220001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1
32366 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices

Comment 9: Income Tax Credits for Case History record. On March 10, 2010, the
Domestically Owned Companies The period of investigation (‘‘POI’’) is Department issued an additional request
Purchasing Domestically Produced October 1, 2008, through March 31, to Ningbo Jiulong to provide mill test
Equipment 2009. The Department published its certificates for its steel inputs for certain
preliminary determination of sales at specific U.S. sales of steel grating that
Comment 10: Provision of Electricity for LTFV on January 6, 2010. See the Department had selected for specific
Less than Adequate Remuneration Preliminary Determination. On February review at verification.
Comment 11: Grant Programs On March 16, 2010, and March 18,
4, 2010, we postponed the final
Comment 12: Separate CVD Rate for 2010, the Department received from
determination. See Certain Steel Grating
Xinke CBP entry documentation and certain
From the People’s Republic of China:
mill test certificates created by Ningbo
VII. Recommendation Postponement of Final Determination,
Jiulong for steel coils, filed with CBP by
75 FR 5766 (February 4, 2010).
[FR Doc. 2010–13776 Filed 6–7–10; 8:45 am] the importer of record.
As explained in the memorandum On March 18, 2010, Ningbo Jiulong
BILLING CODE 3510–DS–S from the Deputy Assistant Secretary for responded to the Department’s March
Import Administration, the Department 10, 2010, request for specific mill test
has exercised its discretion to toll certificates by stating that (1) Ningbo
DEPARTMENT OF COMMERCE deadlines for the duration of the closure Jiulong could not link steel coil mill test
of the Federal Government from certificates to the U.S. sales of steel
International Trade Administration
February 5, through February 12, 2010. grating in which the steel coil was used
Thus, all deadlines in this segment of in production, and (2) in practice
[A–570–947] the proceeding have been extended by Ningbo Jiulong did not provide mill test
seven days. The revised deadline for the certificates to its customer for most
Certain Steel Grating From the
final determination of this investigation sales, despite the ‘‘legalistic terms in the
People’s Republic of China: Final
is now May 28, 2010. See Memorandum small print’’ of its purchase orders.
Determination of Sales at Less Than
to the Record from Ronald Lorentzen, On March 19, 2010, Petitioners
Fair Value
DAS for Import Administration, responded to the Department’s request
AGENCY: Import Administration, regarding ‘‘Tolling of Administrative with supporting information concerning
International Trade Administration, Deadlines As a Result of the the analysis in their March 8, 2010
Department of Commerce. Government Closure During the Recent submission. Also, on March 19, 2010,
DATES: Effective Date: June 8, 2010.
Snowstorm,’’ dated February 12, 2010. Ningbo Jiulong responded to the
Between January 11, 2010, through Department’s supplemental
SUMMARY: On January 6, 2010, the
January 15, 2010, the Department questionnaire, stating: (1) Ningbo
Department of Commerce
conducted verification of Ningbo Jiulong cannot trace any of its suppliers’
(‘‘Department’’) published its
Jiulong Machinery Manufacturing Co., mill test certificates to specific
preliminary determination of sales at
Ltd. and Ningbo Zhenhai Jiulong purchases of steel coil or wire rod,
less than fair value (‘‘LTFV’’) in the
Electronic Equipment Factory because mill test certificates are
antidumping duty investigation of
(collectively ‘‘Ningbo Jiulong’’). See the production records that pertain to steel
certain steel grating (‘‘steel grating’’)
‘‘Verification’’ section below for sold to multiple customers; (2) mill test
from the People’s Republic of China
additional information. On March 8, certificates are not accounting records
(‘‘PRC’’). See Certain Steel Grating From
2010, Fisher & Ludlow and Alabama (e.g., invoices, inventory slips, delivery
the People’s Republic of China:
Metal Industries Corporation (hereafter notes), and thus Ningbo Jiulong does not
Preliminary Determination of Sales at
referred to as ‘‘Petitioners’’) filed keep mill test certificates in its records
Less Than Fair Value and Postponement
comments regarding mill test certificates in the normal course of business; (3)
of Final Determination, 75 FR 847
from Ningbo Jiulong’s suppliers of steel Ningbo Jiulong creates its own mill test
(January 6, 2010) (‘‘Preliminary
coils and wire rod that were included in certificates that it admits are unreliable,
Determination’’). We invited interested
the Department’s verification exhibits. and that it has no ability to determine
parties to comment on our preliminary
Petitioners cited numerous aspects of with its own analysis the chemical
determination of sales at LTFV. Based
the mill test certificates that they properties of any steel that it purchases;
on our analysis of the comments we
deemed irregular, and which indicated and (4) irregularities in the mill test
received, we have made changes from
that the mill test certificates were not certificates noted by Petitioners are due
the Preliminary Determination. We
genuine. to the carelessness of their suppliers
determine that steel grating from the
On March 8, 2010, the Department and/or ‘‘estimations’’ made by its
PRC is being, or is likely to be, sold in
issued a supplemental questionnaire to suppliers using the content of prior mill
the United States at LTFV as provided
Ningbo Jiulong, requiring a response to test certificates.
in section 735 of the Tariff Act of 1930,
Petitioners’ analysis and specific On April 5, 2010, Petitioners, Ningbo
as amended (‘‘Act’’). The final dumping
allegations, and to reconcile its Jiulong, and the Government of China
margins for this investigation are listed
suppliers’ mill test certificates with submitted case briefs. On April 12,
in the ‘‘Final Determination Margins’’
other information on the record. On 2010, Petitioners, Ningbo Jiulong,
section below.
March 9, 2010, the Department Ningbo Haitian International Co. Ltd.
FOR FURTHER INFORMATION CONTACT: requested additional information from (‘‘Haitian’’), and Yantai Xinke Steel
emcdonald on DSK2BSOYB1PROD with NOTICES

Thomas Martin, AD/CVD Operations, Petitioners, supporting the analysis in Structure Co., Ltd. (‘‘Xinke’’) submitted
Office 4, Import Administration, its March 8, 2010 submission. Also, on rebuttal briefs. On April 19, 2010, the
International Trade Administration, March 9, 2010, the Department Department held a public hearing.
U.S. Department of Commerce, 14th requested U.S. Customs and Border
Street and Constitution Avenue, NW., Protection (‘‘CBP’’) entry documents Analysis of Comments Received
Washington, DC 20230; telephone: (202) pertaining to certain Ningbo Jiulong All issues raised in the case and
482–3936. shipments, specifically any mill test rebuttal briefs by parties to this
SUPPLEMENTARY INFORMATION: certificates filed by the importer of investigation are addressed in the

VerDate Mar<15>2010 16:31 Jun 07, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1