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8290 Federal Register / Vol. 73, No.

30 / Wednesday, February 13, 2008 / Notices

119.09 percent to 159.34 percent. See of publication of this Federal Register imports of SDGE from the PRC are
Enclosure 4 of the January 30, 2008, notice. materially injuring, or threatening
supplement to the Petition. material injury to, a U.S. industry. A
Use of Combination Rates in an NME
negative ITC determination will result
Initiation of Antidumping Investigation Investigation
in the investigation being terminated;
Based upon the examination of the The Department will calculate otherwise, this investigation will
Petition on SDGE from the PRC, the combination rates for certain proceed according to statutory and
Department finds that the Petition meets respondents that are eligible for a regulatory time limits.
the requirements of section 732 of the separate rate in this investigation. The This notice is issued and published
Act. Therefore, we are initiating an Separate Rates and Combination Rates pursuant to section 777(i) of the Act.
antidumping duty investigation to Bulletin, states: Dated: February 6, 2008.
determine whether imports of SDGE {w}hile continuing the practice of
from the PRC are being, or are likely to Ronald K. Lorentzen,
assigning separate rates only to
be, sold in the United States at less than exporters, all separate rates that the Acting Deputy Assistant Secretary for Import
fair value. In accordance with section Administration.
Department will now assign in its
733(b)(1)(A) of the Act, unless NME investigations will be specific [FR Doc. E8–2646 Filed 2–12–08; 8:45 am]
postponed, we will make our to those producers that supplied the BILLING CODE 3510–DS–S
preliminary determination no later than exporter during the period of
140 days after the date of this initiation. investigation. Note, however, that
one rate is calculated for the DEPARTMENT OF COMMERCE
Separate Rates
exporter and all of the producers International Trade Administration
In order to obtain separate–rate status which supplied subject
in NME investigations, exporters and merchandise to it during the period [A–469–814]
producers must submit a separate–rate of investigation. This practice
status application. See Policy Bulletin applies both to mandatory Chlorinated Isocyanurates from Spain:
05.1: Separate–Rates Practice and respondents receiving an Initiation of Antidumping Duty New
Application of Combination Rates in individually calculated separate Shipper Review
Antidumping Investigations Involving rate as well as the pool of non–
Non–Market Economy Countries (April AGENCY: Import Administration,
investigated firms receiving the International Trade Administration,
5, 2005) (Separate Rates and weighted–average of the
Combination Rates Bulletin), available Department of Commerce.
individually calculated rates. This SUMMARY: The Department of Commerce
on the Department’s website at http:// practice is referred to as the (the Department) has received a request
ia.ita.doc.gov/policy/bull05–1.pdf. application of ‘‘combination rates’’ for a new shipper review under the
Based on our experience in processing because such rates apply to specific antidumping duty order on chlorinated
the separate–rate applications in combinations of exporters and one isocyanurates from Spain issued on June
previous antidumping duty or more producers. The cash– 24, 2005. See Chlorinated Isocyanurates
investigations, we have modified the deposit rate assigned to an exporter from Spain: Notice of Antidumping
application for this investigation to will apply only to merchandise Duty Order, 70 FR 36562 (June 24,
make it more administrable and easier both exported by the firm in 2005). In accordance with section
for applicants to complete. See, e.g., question and produced by a firm 751(a)(2)(B) of the Tariff Act of 1930, as
Initiation of Antidumping Duty that supplied the exporter during amended (the Act), and 19 CFR
Investigation: Certain New Pneumatic the period of investigation. 351.214(c), we are initiating an
Off–the-Road Tires From the People’s (Emphasis in original.) antidumping new shipper review of
Republic of China, 72 FR 43591, 43594– See Separate Rates and Combination Inquide Flix, S.A., (Inquide). The period
95 (August 6, 2007). The specific Rates Bulletin at 6. of review (POR) of this new shipper
requirements for submitting the
Distribution of Copies of the Petition review is June 1, 2007 through
separate–rate application in this
November 30, 2007.
investigation are outlined in detail in In accordance with section
the application itself, which will be EFFECTIVE DATE: February 13, 2008.
732(b)(3)(A) of the Act and 19 CFR
available on the Department’s website at 351.202(f), copies of the public version FOR FURTHER INFORMATION CONTACT:
http://ia.ita.doc.gov/ia–highlights-and– of the Petition have been provided to Scott Lindsay, AD/CVD Operations,
news.html on the date of publication of the representatives of the Government of Office 6, Import Administration,
this initiation notice in the Federal the PRC. We will attempt to provide a International Trade Administration,
Register. The separate–rate application copy of the public version of the Department of Commerce, 14th Street
will be due 60 days after publication of Petition to the foreign producers/ and Constitution Avenue, N.W.,
this initiation notice. exporters, consistent with 19 CFR Washington, DC 20230; telephone: (202)
351.203(c)(2). 482–0780.
Respondent Selection
SUPPLEMENTARY INFORMATION:
For this investigation, the Department International Trade Commission
intends to select respondents based on Notification Background
U.S. Customs and Border Protection We have notified the ITC of our In accordance with section
(CBP) data for U.S. imports under initiation, as required by section 732(d) 751(a)(2)(B) of the Act and 19 CFR
HTSUS number 8545.11.0000 during of the Act. 351.214(c), the Department received a
the POI. We intend to make our decision timely request from Inquide, a producer
rwilkins on PROD1PC63 with NOTICES

regarding respondent selection within Preliminary Determination by the and exporter of chlorinated
20 days of publication of this Federal International Trade Commission isocyanurates, for a new shipper review
Register notice. The Department invites The ITC will preliminarily determine, of the antidumping duty order on
comments regarding the CBP data and no later than March 3, 2008, whether chlorinated isocyanurates from Spain.
respondent selection within seven days there is a reasonable indication that See December 28, 2007, submission

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Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Notices 8291

from Inquide requesting a new shipper the date on which we issue the CORRECTION:
review. preliminary results. See section
Pursuant to section 751(a)(2)(B)(i) of 751(a)(2)(B)(iv) of the Act. On January 31, 2008, the Department
the Act and 19 CFR 351.214(b), Inquide of Commerce (the ‘‘Department’’)
On August 17, 2006, the Pension
certified that it is both an exporter and published the notice of postponement of
Protection Act of 2006 (H.R. 4) was
producer of the subject merchandise, the preliminary determination of the
signed into law. Section 1632 of H.R. 4
that it did not export subject antidumping duty investigation of raw
temporarily suspends the authority of
merchandise to the United States during flexible magnets from the People’s
the Department to instruct U.S. Customs
the period of the investigation (POI) Republic of China. See Notice of
and Border Protection to collect a bond
(April 1, 2003 through March 31, 2004), Postponement of Preliminary
or other security in lieu of a cash
and that since the investigation was Determination of Antidumping Duty
deposit in new shipper reviews.
initiated, it has not been affiliated with Investigation: Raw Flexible Magnets
Therefore, the posting of a bond under
any producer or exporter who exported from the People’s Republic of China, 73
section 751(a)(2)(B)(iii) of the Act in lieu
the subject merchandise to the United FR 5794 (January 31, 2008)
of a cash deposit is not available in this
States during the POI. It also submitted (‘‘Postponement Notice’’). Subsequent to
case. Importers of chlorinated
documentation establishing the date on the signature of the Postponement
isocyanurates produced and exported by
which it first shipped the subject Notice, we identified two inadvertent
Inquide must continue to post cash
merchandise to the United States, the errors in the above–referenced notice.
deposits of estimated antidumping
volume of that shipment, and the date In the Postponement Notice, under
duties on each entry of subject
of its first sale to an unaffiliated the ‘‘Postponement of Preliminary
merchandise (i.e., chlorinated
customer in the United States. It also Determination’’ section, the Department
isocyanurates) at the current all–others
certified it had no shipments to the mistakenly identified October 18, 2007,
rate of 24.83 percent.
United States during the period rather than October 11, 2007, as the date
subsequent to its first shipment. Interested parties may submit
the Department initiated this
The Department conducted a Customs applications for disclosure under
investigation. The Postponement Notice
database query in an attempt to confirm administrative protective order in
should have stated, ‘‘On October 11,
that Inquide’s shipments of subject accordance with 19 CFR 351.305 and
2007, the Department of Commerce (the
merchandise entered the United States 351.306.
‘‘Department’’) initiated the
for consumption and that liquidation of This initiation and this notice are antidumping duty investigation of raw
such entries had been suspended for issued and published in accordance flexible magnets from the People’s
antidumping duties. See January 31, with section 751(a)(2)(B) of the Act and Republic of China. See Notice of
2008 New Shipper Review Initiation sections 351.214 and 351.221(c)(1)(i) of Initiation of Antidumping Duty
Checklist, question 18. The Department the Department’s regulations. Investigations: Raw Flexible Magnets
also examined whether U.S. Customs
Dated: January 31, 2008. from the People’s Republic of China and
and Border Protection (CBP) confirmed
Stephen J. Claeys, Taiwan, 72 FR 59071 (October 18, 2007)
that such entries were made during the
Deputy Assistant Secretary for Import (‘‘Initiation Notice’’).’’ Second, in the
new shipper review period.
Administration. same section of the Postponement
Initiation of Review [FR Doc. E8–2645 Filed 2–12–08; 8:45 am] Notice, the Department incorrectly
In accordance with section BILLING CODE 3510–DS–S
identified April 19, 2008, rather than
751(a)(2)(B) of the Act and section April 18, 2008, as the extended due date
351.214(d) of the Department’s of the preliminary determination. The
regulations, we find that the request DEPARTMENT OF COMMERCE Postponement Notice should have
Inquide submitted meets the threshold stated, ‘‘For the reasons identified by
requirements for initiation of a new International Trade Administration the Petitioner, and because there are no
shipper review. See Memorandum to compelling reasons to deny the request,
the File from Scott Lindsay, Trade [A–570–922] the Department is postponing the
Analyst, through Thomas Gilgunn, preliminary determination under
Program Manager, New Shipper Notice of Correction of Postponement section 733(c)(1)(A) of the Tariff Act of
Initiation Checklist, dated, January 31, of Preliminary Determination of 1930, as amended (the ‘‘Act’’), by fifty
2008. Accordingly, we are initiating a Antidumping Duty Investigation: Raw days from February 28, 2008 to April 18,
new shipper review of the antidumping Flexible Magnets from the People’s 2008.’’
duty order on chlorinated isocyanurates Republic of China
Conclusion
from Spain produced and exported by
Inquide. Although Inquide’s request AGENCY: Import Administration,
This notice serves to correct both the
meets the threshold requirements for International Trade Administration,
date of initiation of this investigation
initiation, there are a few issues of Department of Commerce
and the extended due date of the
concern that the Department has with EFFECTIVE DATE: February 13, 2008. preliminary determination as listed in
Inquide’s new shipper review request. the Postponement Notice. This notice is
FOR FURTHER INFORMATION CONTACT:
Therefore, immediately following the issued and published in accordance
initiation of this review, the Department Melissa Blackledge or Shawn Higgins,
AD/CVD Operations, Office 4, Import with section 777(i) of the Tariff Act of
intends to issue a questionnaire to 1930, as amended.
Inquide to clarify these issues. This Administration, International Trade
review covers the period June 1, 2007 Administration, U.S. Department of Dated: February 7, 2008.
rwilkins on PROD1PC63 with NOTICES

through November 30, 2007. We intend Commerce, 14th Street and Constitution Gary Taverman,
to issue the preliminary results of this Avenue, NW, Washington, DC, 20230; Acting Deputy Assistant Secretary for Import
review no later than 180 days after the telephone: (202) 482–3518 or (202) 482– Administration.
date on which this review is initiated, 0679, respectively. [FR Doc. E8–2647 Filed 2–12–08; 8:45 am]
and the final results within 90 days after SUPPLEMENTARY INFORMATION: BILLING CODE 3510–DS–S

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