15134 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
in the LTFV investigation,1 adjusted for
total entered value of those reviewed DEPARTMENT OF COMMERCE
sales for the importer. We will instruct the export-subsidy rate in the
International Trade Administration
CBP to assess the importer-specific rate companion countervailing duty
uniformly, as appropriate, on all entries investigation.2 These deposit [A鈥?337鈥?806]
of subject merchandise made by the requirements shall remain in effect until
relevant importer during the POR. See Certain Individually Quick Frozen Red
further notice.
Raspberries from Chile: Notice of
19 CFR 351.212(b).
Notification Extension of Time Limit for Preliminary
The Department clarified its
Results of Antidumping Duty
鈥樷?榓utomatic assessment鈥欌?? regulation on This notice serves as a reminder to
Administrative Review
May 6, 2003. See Antidumping and importers of their responsibility under
Countervailing Duty Proceedings: 19 CFR 351.402(f) to file a certificate Import Administration,
AGENCY:
Assessment of Antidumping Duties, 68 International Trade Administration,
regarding the reimbursement of
FR 23954 (May 6, 2003) (Assessment of Department of Commerce.
antidumping duties prior to liquidation
Antidumping Duties). This clarification EFFECTIVE DATE: March 21, 2008.
of the relevant entries during this
will apply to entries of subject review period. Failure to comply with FOR FURTHER INFORMATION CONTACT:
merchandise during the POR produced this requirement could result in the David Neubacher or Nancy Decker, AD/
by DSM for which DSM did not know CVD Operations, Office 1, Import
Department鈥檚 presumption that
its merchandise was destined for the Administration, International Trade
reimbursement of antidumping duties
United States. In such instances, we will Administration, U.S. Department of
occurred and the subsequent assessment
instruct CBP to liquidate unreviewed Commerce, 14th Street and Constitution
of doubled antidumping duties.
entries of DSM-produced merchandise Avenue, NW, Washington, DC 20230;
This notice also serves as a reminder
at the all-others rate if there is no rate telephone (202) 482鈥?5823 or (202) 482鈥?
to parties subject to administrative
for the intermediate company(ies) 0196, respectively.
protective order (APO) of their
involved in the transaction. For a full
Statutory Time Limits
responsibility concerning the
discussion of this clarification, see
disposition of proprietary information Section 751(a)(3)(A) of the Tariff Act
Assessment of Antidumping Duties.
disclosed under APO in accordance of 1930, as amended (鈥樷?榯he Act鈥欌??),
Because we are relying on total
with 19 CFR 351.305(a)(3). Timely requires the Department of Commerce
adverse facts available to establish TC
notification of the return or destruction (鈥樷?楧epartment鈥欌??) to issue the preliminary
Steel鈥檚 dumping margin, we will
of APO materials or conversion to results of an administrative review
instruct CBP to apply a dumping margin
within 245 days after the last day of the
judicial protective order is hereby
of 32.70 percent to all entries of subject
anniversary month of an order for which
requested. Failure to comply with the
merchandise during the POR that were
a review is requested and a final
regulations and the terms of an APO is
produced and/or exported by TC Steel.
determination within 120 days after the
a sanctionable violation.
The Department will issue liquidation date on which the preliminary results
These final results of administrative
instructions to CBP 15 days after the are published. If it is not practicable to
review are issued and published in
publication of these final results of complete the review within the time
accordance with sections 751(a)(1) and
review. period, section 751(a)(3)(A) of the Act
777(i)(1) of the Act. allows the Department to extend these
Cash-Deposit Requirements
deadlines to a maximum of 365 days
Dated: March 14, 2008.
and 180 days, respectively.
The following deposit requirements David M. Spooner,
will be effective upon publication of Assistant Secretary for Import Background
this notice of final results of Administration.
On August 24, 2007, the Department
administrative review for all shipments
published in the Federal Register a
Appendix
of steel plate from Korea entered, or
notice of initiation of administrative
withdrawn from warehouse, for List of Issues Addressed in the Issues review of the antidumping duty order
consumption on or after the date of and Decision Memorandum on individually quick frozen red
publication, as provided by section
raspberries from Chile, covering the
Comment 1 Product Matching
751(a)(2)(C) of the Act: (1) the cash-
period July 1, 2006, through June 30,
deposit rates for the reviewed Comment 2 Offsetting Positive Margins 2007. See Initiation of Antidumping and
companies will be the rates established With Negative Margins Countervailing Duty Administrative
in the final results of this review; (2) for [FR Doc. E8鈥?5780 Filed 3鈥?20鈥?08; 8:45 am] Reviews and Request for Revocation in
previously reviewed or investigated
Part, 72 FR 48613 (August 24, 2007).
BILLING CODE 3510鈥揇S鈥揝
companies not listed above, the cash-
The preliminary results for this
deposit rate will continue to be the
administrative review are currently due
company-specific rate published for the
no later than April 1, 2008.
most recent period; (3) if the exporter is 1 See Notice of Final Determination of Sales at
Extension of Time Limits for
not a firm covered in this review, a prior Less Than Fair Value: Certain Cut-To-Length
Preliminary Results
review, or the less-than-fair-value Carbon-Quality Steel Plate Products from Korea, 64
investigation but the manufacturer is, The Department requires additional
FR 73196, 73214 (December 29, 1999).
the cash-deposit rate will be the rate 2 See Final Affirmative Countervailing Duty
time to review and analyze the sales and
mstockstill on PROD1PC66 with NOTICES
established for the most recent period Determination: Certain Cut-to-Length Carbon- cost information submitted by the
Quality Steel Plate From the Republic of Korea, 64
for the manufacturer of the respondent in this administrative
FR 73176, 731818鈥?86 (December 29, 1999), as
merchandise; (4) if neither the exporter review because this review involves
amended in Notice of Amended Final
nor the manufacturer has its own rate, complex cost accounting issues. Thus, it
Determinations: Certain Cut-to-Length Carbon-
the cash-deposit rate will be 0.98 is not practicable to complete this
Quality Steel Plate From India and the Republic of
percent, the all-others rate established review within the original time limit
Korea, 65 FR 6587, 6588 (February 10, 2000).
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15135
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
excise tax paid, instead of the four
(i.e., April 1, 2008). Therefore, the Scope of the Order
percent CST not paid. We determine
Department is extending the time limit For purposes of the order, the
that this is a ministerial error that
for completion of the preliminary products covered are all gauges of raw,
should be corrected in accordance with
results to not later than July 30, 2008, pretreated, or primed Polyethylene
19 CFR 3 5l.224( e) of the Department鈥檚
in accordance with section 751(a)(3)(A) Terephthalate Film, Sheet and Strip,
regulations. In the benefit calculations
of the Act. whether extruded or coextruded.
for Union Territories CST program, the
We are issuing and publishing this Excluded are metallized films and other
Department erroneously based the
notice in accordance with sections finished films that have had at least one
benefit on the excise tax and the
751(a)(1) and 777(i)(1) of the Act. of their surfaces modified by the
Education CESS on the excise tax paid
application of a performance-enhancing
Dated: March 17, 2008. on MTZ鈥檚 purchases of the input,
resinous or inorganic layer of more than
Susan H. Kuhbach, instead of the four percent CST not paid
0.00001 inches thick. Imports of PET
Acting Deputy Assistant Secretary for Import on the purchases of the input. We have
film are classifiable in the Harmonized
Administration. now revised our calculations and
Tariff Schedule of the United States
calculated the benefit from the Union
[FR Doc. E8鈥?5781 Filed 3鈥?20鈥?08; 8:45 am]
(HTSUS) under item number Territories CST program by calculating
BILLING CODE 3510鈥揇S鈥揝
3920.62.00. HTSUS subheadings are four percent of the basic value, as
provided for convenience and customs reported to the Department. See
purposes. The written description of the
DEPARTMENT OF COMMERCE Memorandum to Barbara E. Tillman
scope of the order is dispositive. Through Dana Mermelstein From Elfi
International Trade Administration Blum: Analysis of Ministerial Error
Legal Authority
Allegations in Final Results of
The statute governing the correction
Countervailing Duty Review on
[C鈥?533鈥?825]
of ministerial errors directs the
Polyethylene Terephthalate Film, Sheet,
Department to establish a procedure for
Amended Final Results of and Strip from India (March 12, 2008)
the correction of ministerial errors in
Countervailing Duty Administrative (Ministerial Error Memo).
determinations within a reasonable
Review: Polyethylene Terephthalate Second, MTZ states that, for the Duty
period of time. See Section 751(h) of the
(PET) Film, Sheet, and Strip from India Entitlement Passbook Scheme (DEPS/
Tariff Act of 1930 (the Act). The DEPB), the Department鈥檚 calculation
regulations promulgated pursuant to the
Import Administration,
AGENCY: memorandum states that the benefits are
statute provide procedures for the
International Trade Administration, conferred as of the date of exportation
correction of ministerial errors, which
Department of Commerce. of the shipments for which the DEPS/
allow parties to submit comments and DEPB credits are earned. MTZ alleges
SUMMARY: On February 11, 2008, the
the Department to analyze the that the Department erred in calculating
Department of Commerce (the
comments and correct any ministerial the benefits by including the value of
Department) published the final results
errors by amendment of the credits earned on shipments made in
of the administrative review of the
determination. See 19 CFR 351.224(e). 2004 for which the license was issued
countervailing duty order on
The definition of a ministerial error in in 2005. Thus, according to MTZ, the
polyethylene terephthalate (PET) film
a countervailing duty determination is calculation of the rate for this program
from India for the period January 1,
contained in section 751(h) of the Act. does not reflect the method stated in the
2005 through December 31, 2005. See
Specifically, the Act states that a analysis memorandum, and therefore,
Polyethylene Terephthalate (PET) Film,
ministerial error includes 鈥樷?榚rrors in constitutes a ministerial error. See
Sheet, and Strip from India: Final
addition, subtraction, or other Memorandum to The File Through Dana
Results of Countervailing Duty
arithmetic function, clerical error Mermelstein From Elfi Blum:
Administrative Review, 73 FR 7708
resulting from inaccurate copying, Administrative Review of the
(February 11, 2008). On February 12,
duplication, or the like, and any other Countervailing Duty Order on
2008, in accordance with 19 CFR
type of unintentional error which the Polyethylene Terephthalate Film from
351.224(c)(2), we received timely filed
{Secretary} considers ministerial.鈥欌?? India: Revisions to the Rate Calculations
ministerial error allegations from
Thus, any issue raised by interested for MTZ Polyfilms Ltd. (MTZ) (February
respondent MTZ Polyfilms, Ltd. (MTZ).
parties as a ministerial error which is, 4, 2008) (Calculation Memo).
No other party to the proceeding filed a
in fact, the result of a methodological MTZ correctly notes the Department鈥檚
ministerial error allegation or rebuttal
decision by the Department will not be practice to treat benefits received under
comments. Based on our analysis of the
considered a ministerial error as it DEPSIDEPB as conferred as of the date
comments, the Department has revised
would not meet the statutory definition of exportation of the shipment for which
the countervailing duty rate for MTZ.
of the term. See, e.g., Tianjin Mach. Imp. the relevant DEPS/DEPB credits are
Accordingly, we are amending our final
& Exp. Corp. v. United States, 353 F. earned because it is at this point where
results.
Supp. 2d 1294, 1304 (CIT 2004). the amount of the benefit in the form of
March 21, 2008. an exemption is known. See, e.g., Final
EFFECTIVE DATE:
Allegations of Ministerial Errors
Results of Countervailing Duty
Elfi
FOR FURTHER INFORMATION CONTACT:
On February 12, 2008, MTZ timely Administrative Review: Certain Hot-
Blum or Sean Carey, AD/CVD
filed, pursuant to 19 CFR 351.224(c)(2), Rolled Carbon Steel Flat Products from
Operations, Office 6, Import
an allegation that the Department made India, 69 FR 26549 (May 13, 2004), and
Administration, International Trade
two ministerial errors in its final results accompanying Issues and Decision
Administration, U.S. Department of
mstockstill on PROD1PC66 with NOTICES
of review for MTZ. First, with respect to Memorandum at Comment 2; and Final
Commerce, 14th Street and Constitution
the Union Territories Central Sales Tax Affirmative Countervailing Duty
Avenue, NW., Washington, DC 20230;
(CST) program, MTZ alleges that the Determination: Certain Cut-to-Length
telephone: (202) 482鈥?0197, or (202)
Department miscalculated the benefit by Carbon-Quality Steel Plate from India,
482鈥?3964, respectively.
using the excise tax and the Education 64 FR 73131, 73140 (December 29,
CESS, which is an excise duty, on the 1999).
SUPPLEMENTARY INFORMATION:
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