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Code · REGISTER · 2004-08-25 · Import Administration, International Trade Administration, Department of Commerce · Notices

Notices. Notice of final results of the tenth new shipper review

5,403 words·~25 min read·/register/2004/08/25/04-19416

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3410-11-M DEPARTMENT OF COMMERCE International Trade Administration (A-570-846) Brake Rotors From the People's Republic of China: Final Results of the Tenth New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of final results of the tenth new shipper review. SUMMARY: On June 1, 2004, the Department of Commerce published the preliminary results of the tenth new shipper review of the antidumping duty order on brake rotors from the People's Republic of China (PRC). *See Brake Rotors from the People's Republic of China:
Preliminary Results of the Tenth New Shipper Review* , 69 FR 30875 (June 1, 2004) ( *Preliminary Results* ). This review examined one exporter Shenyang Yinghao Machinery Co., Ltd (Shenyang Yinghao). The period of review is April 1, 2003, through September 30, 2003 (POR). We gave interested parties the opportunity to comment on our preliminary results. However, no interested party filed such comments. Since the preliminary results, we have made certain changes in the margin calculation for the respondent in this review ( *see* section entitled “Changes Since the Preliminary Results” below for details).
However, these changes did not impact the overall weighted-average margin calculated in the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled “Final Results of Review.” EFFECTIVE DATE: August 25, 2004. FOR FURTHER INFORMATION CONTACT: Terre Keaton or Brian Smith, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-1280, or
(202)482-1766, respectively. SUPPLEMENTARY INFORMATION: Background On June 1, 2004, the Department published in the **Federal Register** the *Preliminary Results* ( *see* 69 FR 30875). On June 8, 2004, Shenyang Yinghao, the respondent, submitted a copy of its 2003 audited financial statement. 1 Neither the respondent nor the petitioner filed a case brief in this review. 2 1 Department officials at verification requested that the audited financial statement be placed on the record of this review at the time of its completion ( *see* the April 14, 2004, verification report). 2 The petitioner is the Coalition for the Preservation of American Brake Drum and Rotor Aftermarket Manufactures. Scope of Order The products covered by this order are brake rotors made of gray cast iron, whether finished, semifinished, or unfinished, ranging in diameter from 8 to 16 inches (20.32 to 40.64 centimeters) and in weight from 8 to 45 pounds (3.63 to 20.41 kilograms). The size parameters (weight and dimension) of the brake rotors limit their use to the following types of motor vehicles: automobiles, all-terrain vehicles, vans and recreational vehicles under “one ton and a half,” and light trucks designated as “one ton and a half.” Finished brake rotors are those that are ready for sale and installation without any further operations. Semi-finished rotors are those on which the surface is not entirely smooth, and have undergone some drilling. Unfinished rotors are those which have undergone some grinding or turning. These brake rotors are for motor vehicles, and do not contain in the casting a logo of an original equipment manufacturer
(OEM)which produces vehicles sold in the United States ( *e.g.* , General Motors, Ford, Chrysler, Honda, Toyota, Volvo). Brake rotors covered in this order are not certified by OEM producers of vehicles sold in the United States. The scope also includes composite brake rotors that are made of gray cast iron, which contain a steel plate, but otherwise meet the above criteria. Excluded from the scope of this order are brake rotors made of gray cast iron, whether finished, semifinished, or unfinished, with a diameter less than 8 inches or greater than 16 inches (less than 20.32 centimeters or greater than 40.64 centimeters) and a weight less than 8 pounds or greater than 45 pounds (less than 3.63 kilograms or greater than 20.41 kilograms). Brake rotors are currently classifiable under subheading 8708.39.5010 of the *Harmonized Tariff Schedule of the United States* (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of this order is dispositive. Changes Since the Preliminary Results For the final results, we made adjustments to our calculation of the surrogate ratios for factory overhead, selling, general and administrative expenses (SG&A), and profit for Kalyani Brakes Limited (Kalyani). Specifically, we offset Kalyani's cost of manufacturing
(COM)by its sales of scrap, which impacted the surrogate factory overhead, SG&A and profit calculations ( *see* August 18, 2004, Final Results Valuation Memorandum). Furthermore, we note that in the Preliminary Results Valuation Memorandum (PRVM), we misstated our reasons for removing certain line items from Kalyani's SG&A surrogate calculation. Specifically, in the PRVM we incorrectly stated that we did not make a deduction for scrap sales revenue and cash discounts in the SG&A calculation because the respondent in this review did not have sales of scrap nor did it have cash discounts. However, as noted in *Brake Rotors from the People's Republic of China: Final Results and Partial Rescission of the Sixth Antidumping Duty Administrative Review and Final Results of the Ninth New Shipper Review* , 69 FR 42039 (July 13, 2004) and its accompanying Issues and Decision Memorandum at Comment 1, it is not the Department's practice to tailor surrogate financial ratios to match the circumstances of the PRC producers; however, it is the Department's practice to offset sales of scrap from the COM and to treat cash discounts as a reduction to sales revenue rather than to treat these items as selling expenses. Final Results of Review We determine that the following weighted-average margin percentage exists for the following company during the period April 1, 2003, through September 30, 2003: Manufacturer/producer/exporter Margin Percent Shenyang Yinghao Machinery Co., Ltd 0.00 Assessment Rates The Department shall determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we calculated importer- or customer-specific *ad valorem* duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined sales to the total entered value of those same sales. In accordance with 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties all entries of subject merchandise during the POR for which the importer-specific assessment rate is zero or *de minimis* ( *i.e.* , less than 0.50 percent). The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of this review. Cash Deposit Requirements Bonding will no longer be permitted to fulfill security requirements for shipments of brake rotors from the PRC that are manufactured and exported by Shenyang Yinghao Machinery Co., Ltd. (Shenyang Yinghao) and entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this new shipper review. The following cash deposit requirements will be effective upon publication of the final results of this review for all shipments of subject merchandise from Shenyang Yinghao entered, or withdrawn from warehouse, for consumption on or after the publication date of this final results, as provided by section 751(a)(2)(B) and
(C)of the Act:
(1)the cash deposit rate for for subject merchandise manufactured and exported by Shenyang Yinghao will be zero;
(2)the cash deposit rate for subject merchandise exported by Shenyang Yinghao but not manufactured by it will continue to be the PRC-wide rate ( *i.e.* , 43.32 percent). These deposit requirements shall remain in effect until publication of the final results of the next administrative review. This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as the only reminder to parties subject to administrative protective orders
(APO)of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this determination and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214. Dated: August 18, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-1924 Filed 8-24-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Fresh Garlic From the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a letter from Shandong Heze International Trade and Developing Company (Shandong Heze) notifying the Department of Commerce (the Department) that its corporate name has changed to Heze Ever-Best International Trade Co., Ltd. (Heze Ever-Best), the Department is initiating a changed circumstances administrative review of the antidumping duty order on fresh garlic from the People's Republic of China ( *see* Antidumping Duty Order: Fresh Garlic From the People's Republic of China, 59 FR 59209 (November 16, 1994)). Based on information submitted by Shandong Heze, we preliminarily determine that Heze Ever-Best is the successor-in-interest to Shandong Heze and, as such, is entitled to Shandong Heze's cash deposit rate with respect to entries of subject merchandise. EFFECTIVE DATE: August 25, 2004. FOR FURTHER INFORMATION CONTACT: Sochieta Moth or Charles Riggle at
(202)482-0168 or
(202)482-0650, respectively; NME Office, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 8, 2004, Shandong Heze requested that the Department initiate a changed circumstances review to confirm that Heze Ever-Best is the successor-in-interest to Shandong Heze for purposes of determining antidumping duty liabilities. On July 28, 2004, the Department requested additional information from Heze Ever-Best concerning the circumstances of the name change. On August 4, 2004, Heze Ever-Best responded to our request for information. Scope of the Review The products subject to this antidumping duty order are all grades of garlic, whole or separated into constituent cloves, whether or not peeled, fresh, chilled, frozen, provisionally preserved, or packed in water or other neutral substance, but not prepared or preserved by the addition of other ingredients or heat processing. The differences between grades are based on color, size, sheathing, and level of decay. The scope of this order does not include
(a)garlic that has been mechanically harvested and that is primarily, but not exclusively, destined for non-fresh use or
(b)garlic that has been specially prepared and cultivated prior to planting and then harvested and otherwise prepared for use as seed. The subject merchandise is used principally as a food product and for seasoning. The subject garlic is currently classifiable under subheadings 0703.20.0000, 0710.80.7060, 0710.80.9750, 0711.90.6000, and 2005.90.9500 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. In order to be excluded from antidumping duties, garlic entered under the HTSUS subheadings listed above that is
(1)mechanically harvested and primarily, but not exclusively, destined for non-fresh use, or
(2)specially prepared and cultivated prior to planting and then harvested and otherwise prepared for use as seed, must be accompanied by declarations to the U.S. Customs and Border Protection
(CBP)to that effect. Initiation and Preliminary Results of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216, the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party for a review of, an antidumping duty finding which shows changed circumstances sufficient to warrant a review of the order. Therefore, in accordance with section 751(b)(1) of the Act, we are initiating a changed circumstances review based upon the information contained in Shandong Heze's submissions. Section 351.221(c)(3)(ii) of the regulations permits the Department to combine the notice of initiation of a changed circumstances review and the notice of preliminary results in a single notice, if the Department concludes that expedited action is warranted. In this instance, because we have the information necessary to make a preliminary finding already on the record and no other interested party has commented on, or objected to, Shandong Heze's request for a changed circumstances review, we find that expedited action is warranted and have combined the notice of initiation and the notice of preliminary results. In determining whether one company is the successor to another for purposes of applying the antidumping duty law, the Department examines a number of factors including, but not limited to, changes in
(1)management,
(2)production facilities,
(3)suppliers, and
(4)customer base. *See, e.g.,* Industrial Phosphoric Acid From Israel; Final Results of Antidumping Duty Changed Circumstances Review, 59 FR 6944 (February 14, 1994). While no single factor, or combination of factors, will necessarily provide a dispositive indication of succession, the Department will generally consider one company to be a successor to another company if its resulting operation is essentially the same as that of its predecessor. Thus, if the evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the prior company, the Department will assign the new company the cash deposit rate of its predecessor. In its July 8, 2004, submission, Shandong Heze stated that the name change was effected solely for the purpose of enhancing its international and domestic sales, explaining that “Ever-Best” describes the quality of their products, and that the deletion of “Shandong” and “Developing” from its name specifies its operations as a trading company. Shandong Heze also stated that the name change was not due to any changes in ownership, corporate structure, management, supplier relationships, or customer base, all of which remain the same. Shandong Heze provided documentation in support of these claims including copies of the business licenses of the company before and after the name change, the resolution of the Board of Directors authorizing the name change, the application for the name change filed with the Heze Industry and Commerce Administration Bureau and the Bureau's approval of the application, and corporate organization charts before and after the name change. Shandong Heze also stated that since the name change, subject merchandise was produced at the same facilities that had been utilized by the company prior to the name change, and provided a copy of its lease as supporting documentation. Shandong Heze has provided evidence that there were no changes in the company's corporate structure and management as a result of, or contemporaneously with, the change of name. With respect to supplier relationships, Shandong Heze stated that Heze Ever-Best works with the same subject merchandise supplier as Shandong Heze did prior to the name change. Finally, Shandong Heze asserts that there have been no changes in its customer relationships or customer base due to the name change and there have been no changes in product names or product brands. Shandong Heze submitted copies of e-mails and fascimiles that were sent to the company's suppliers and customers informing them of the name change to support their assertion that Heze Ever-Best has the same supplier and customer base as Shandong Heze. Based on information submitted by Shandong Heze, we preliminarily find that Heze Ever-Best is the successor-in-interest to Shandong Heze. We find that the company's organizational structure, senior management, production facilities, supplier relationships, and customers have remained essentially unchanged. Furthermore, Shandong Heze has provided sufficient documentation of its name change. Based on all the evidence reviewed, we find that Heze Ever-Best operates as the same business entity as Shandong Heze. Thus, we preliminarily find that Heze Ever-Best should receive the same antidumping duty cash-deposit rate with respect to the subject merchandise as Shandong Heze, its predecessor company. Should our final results remain the same as these preliminary results, we will instruct CBP to assign Heze Ever-Best the antidumping duty cash deposit rate applicable to Shandong Heze. Public Comment Any interested party may request a hearing within 14 days of publication of this notice. *See* 19 CFR 351.310(c). Any hearing, if requested, will be held 28 days after the date of publication of this notice, or the first working day thereafter. Interested parties may submit case briefs and/or written comments not later than 14 days after the date of publication of this notice. Rebuttal briefs and rebuttals to written comments, which must be limited to issues raised in such briefs or comments, may be filed not later than 21 days after the date of publication of this notice. Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each argument
(1)a statement of the issue and
(2)a brief summary of the argument with an electronic version included. Consistent with section 351.216(e) of the Department's regulations, we will issue the final results of this changed circumstances review not later than 270 days after the date on which this review was initiated, or within 45 days if all parties agree to our preliminary finding. We are issuing and publishing this finding and notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and sections 351.216 and 351.221(c)(3) of the Department's regulations. Dated: August 18, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-1920 Filed 8-24-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration A-351-804, A-427-009, A-428-803, A-580-805, A-588-812, A-570-802, and A-412-803 Industrial Nitrocellulose from Brazil, France, Germany, the Republic of Korea, Japan, the People's Republic of China, and the United Kingdom: Notice of Final Results of Changed Circumstances Review and Revocation of the Antidumping Duty Orders AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 17, 2004, the Department of Commerce published its preliminary results of changed circumstances review and intent to revoke the antidumping orders on industrial nitrocellulose from Brazil, France, Germany, the Republic of Korea (South Korea or Korea), Japan, the People's Republic of China (the PRC), and the United Kingdom (the UK). The basis of the revocation is that Green Tree Chemical Technologies (Green Tree), the sole producer of industrial nitrocellulose in the United States, has ceased production. EFFECTIVE DATE: August 25, 2004. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/CVD Enforcement, Office VII, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-4475 or
(202)482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On August 10, 1983, the Department published an antidumping duty order on industrial nitrocellulose from France. *See Antidumping Duty Order: Industrial Nitrocellulose from France* , 48 FR 36303 (August 10, 1983). On July 10, 1990, the Department published antidumping orders on industrial nitrocellulose from Brazil, Germany, Korea, Japan, the PRC, and the United Kingdom. *See Antidumping Duty Order: Industrial Nitrocellulose from Brazil* , 55 FR 28266, *Antidumping Duty Order: Industrial Nitrocellulose from the Federal Republic of Germany* , 55 FR 28271, *Antidumping Duty Order: Industrial Nitrocellulose from the Republic of Korea* , 55 FR 28266, *Antidumping Duty Order: Industrial Nitrocellulose from Japan* , 55 FR 28268, *Antidumping Duty Order: Industrial Nitrocellulose from the People's Republic of China* , 55 FR 28267, and *Antidumping Duty Order: Industrial Nitrocellulose from the United Kingdom* , 55 FR 28270. On December 31, 2003, Nitro Quimica Brasileira (Nitro Quimica) requested that the Department revoke the antidumping duty order on industrial nitrocellulose from Brazil through a changed circumstances review. According to Nitro Quimica, revocation is warranted because of “lack of interest” on behalf of the U.S. industry. Specifically, Nitro Quimica asserts that no domestic producer of industrial nitrocellulose currently exists. Nitro Quimica contends that Hercules Incorporated, the only petitioner in the original investigation and the only U.S. producer at the time in which this order was issued, sold its nitrocellulose business to Green Tree on June 16, 2001. Nitro Quimica further contends that Green Tree closed its U.S. production facility on or about November 26, 2003. *See* Nitro Quimica December 31, 2003 letter at Attachment 3. On February 12, 2004, Wolff Cellulosics GmbH (Wolff) asserted that the Department should revoke the order on industrial nitrocellulose from Germany because there is no U.S. producer of industrial nitrocellulose. Wolff argued that the Department should make revocation of the order on industrial nitrocellulose from Germany effective July 1, 2003, which is earliest date for which there are entries that have not yet been the subject of a completed administrative review. Wolff contended that Green Tree, the sole producer of the domestic like product, has ceased production and no longer maintains the capacity to produce industrial nitrocellulose. See Wolff's February 12, 2004 letter at Exhibits A and B. On February 25, 2004, the Department initiated a changed circumstances review with respect to the order on industrial nitrocellulose from Brazil (69 FR 8626, February 25, 2004). On March 9, 2004, the Valspar Corporation (Valspar) requested that the Department revoke the antidumping duty orders on industrial nitrocellulose from France, Germany, Korea, Japan, the PRC, and the UK. Valspar asserts that cessation of production of the domestic like product constitutes “lack of interest” by the domestic industry in the continuation of the antidumping duty orders. *See* Valspar's March 9, 2004 letter, at pages 1-2. On March 23, 2004, Bergerac NC and its affiliated U.S. importer SNPF North America, LLC (collectively BNC) requested that the Department revoke the order on industrial nitrocellulose from France. BNC asserts that the cessation of production of the domestic like product constitutes “lack of interest” by the domestic industry in the order on industrial nitrocellulose from France. On April 5, 2004, the Department initiated changed circumstances reviews of the antidumping orders on industrial nitrocellulose from France, Germany, Korea, Japan, the PRC, and the UK (69 FR 17643, April 5, 2004). On April 23, 2004, Wolff filed additional comments supporting its request for revocation of the order on industrial nitrocellulose from Germany. On May 3, 2004, counsel for petitioners informed the Department that
(1)Green Tree had located no buyer for its nitrocellulose production facility,
(2)Green Tree did not anticipate finding such a buyer within the foreseeable future, and
(3)Green Tree did not anticipate that either Green Tree or a successor-in-interest to Green Tree would resume production of industrial nitrocellulose within a determinable time frame. Accordingly, Green Tree acknowledged that it is no longer in a position to oppose revocation of the antidumping orders on industrial nitrocellulose from Brazil, France, Germany, Korea, Japan, the PRC, and the UK. *See* May 3, 2004 Memorandum from Michael J. Heaney to the File. On June 17, 2004, we published *Industrial Nitrocellulose from Brazil, France, Germany, Korea, Japan, the People's Republic of China, and the United Kingdom: Notice of Preliminary Results of Changed Circumstances Review and Intent to Revoke Antidumping Duty Orders* , 69 FR 33884 ( *Preliminary Results* ). In the *Preliminary Results* , we announced our intent to revoke the antidumping orders on industrial nitrocellulose from Brazil, Germany, Korea, Japan, the PRC, and the UK effective July 1, 2003. We also announced in those *Preliminary Results* our intent to revoke the antidumping duty order on industrial nitrocellulose from France effective August 1, 2003. We received no comments from interested parties concerning these Preliminary Results. On July 14, 2004, Wolff filed a letter reiterating its position that the order on industrial nitrocellulose from Germany should be revoked effective July 1, 2003. Scope of the Review The product covered by this review is industrial nitrocellulose, currently classifiable under HTS subheading 3912.20.00. The HTS item number is provided for convenience and Customs purposes. The written description remains dispositive as to the scope of the product coverage. Industrial nitrocellulose is a dry, white, amorphous synthetic chemical with a nitrogen content between 10.8 and 12.2 percent. Industrial nitrocellulose is used as a film-former in coatings, lacquers, furniture finishes, and printing inks. The scope of this order does not include explosive grade nitrocellulose, which has a nitrogen content of greater than 12.2 percent. Final Results of Changed Circumstances Antidumping Duty Administrative Reviews Having received no comments in objection to the analysis presented in our *Preliminary Results* , we are revoking the antidumping duty orders on industrial nitrocellulose from Brazil, Germany, Korea, Japan, the PRC, and the UK effective July 1, 2003. Additionally, we are revoking the antidumping duty order on industrial nitrocellulose from France effective August 1, 2003. Instructions to Customs In accordance with section 351.222 of the Department's Regulations, the Department will instruct U.S. Customs and Border Protection
(CBP)to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, all unliquidated entries of industrial nitrocellulose from Brazil, Germany, Korea, Japan, the PRC, and the UK effective July 1, 2003. Additionally, the Department will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, all unliquidated entries of industrial nitrocellulose from France effective August 1, 2003. The Department will further instruct CBP to refund with interest any estimated duties collected with respect to unliquidated entries of industrial nitrocellulose from Brazil, Germany, Korea, Japan, the PRC, and the UK, entered, or withdrawn from warehouse, for consumption on or after July 1, 2003, in accordance with section 778 of the Act. The Department will additionally instruct CBP to refund with interest any estimated duties collected with respect to unliquidated entries of industrial nitrocellulose from France entered, or withdrawn from warehouse, for consumption on or after August 1, 2003. Notification This notice also serves as a reminder to parties subject to administrative protective orders
(APOs)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.306 of the Department's regulations. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice of final results of changed circumstances review and revocation of the antidumping duty order is in accordance with sections 751(b) and (d), and 777(I)(1) of the Act and 351.216(d) and 351.222(g) of the Department's regulations. Dated: August 18, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-1926 Filed 8-24-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Notice of Solicitation of Applications for Allocation of Tariff Rate Quotas on the Import of Certain Worsted Wool Fabrics August 20, 2004. AGENCY: Department of Commerce, International Trade Administration. ACTION: The Department of Commerce (Department) is soliciting applications for an allocation of the 2005 tariff rate quotas on certain worsted wool fabric. SUMMARY: The Department hereby solicits applications from persons (including firms, corporations, or other legal entities) who cut and sew men's and boys' worsted wool suits and suit-like jackets and trousers for an allocation of the 2005 tariff rate quotas on certain worsted wool fabric. Interested persons must submit an application on the form provided to the address listed below by September 24, 2004. The Department will cause to be published in the Federal Register its determination to allocate the 2005 tariff rate quotas and will notify applicants of their respective allocation as soon as possible after that date. Promptly thereafter, the Department will issue licenses to eligible applicants. DATES: To be considered, applications must be received or postmarked by 5 p.m. on September 24, 2004. ADDRESSES: Applications must be submitted to the Industry Assessment Division, Office of Textiles and Apparel, Room 3001, United States Department of Commerce, Washington, DC 20230 (telephone:
(202)482-4058). Application forms may be obtained from that office (via facsimile or mail) or from the following Internet address: *http://web.ita.doc.gov/tacgi/wooltrq.nsf/TRQApp* . FOR FURTHER INFORMATION CONTACT: Sergio Botero, Office of Textiles and Apparel, U.S. Department of Commerce,
(202)482-4058. SUPPLEMENTARY INFORMATION: BACKGROUND: Title V of the Trade and Development Act of 2000 (the Act) created two tariff rate quotas (TRQs), providing for temporary reductions in the import duties on limited quantities of two categories of worsted wool fabrics suitable for use in making suits, suit-type jackets, or trousers:
(1)For worsted wool fabric with average fiber diameters greater than 18.5 microns (Harmonized Tariff Schedule of the United States
(HTS)heading 9902.51.11); and
(2)for worsted wool fabric with average fiber diameters of 18.5 microns or less (HTS heading 9902.51.12). On August 6, 2002, President Bush signed into law the Trade Act of 2002, which includes several amendments to Title V of the Act. These include the extension of the program through 2005; the reduction of the in-quota duty rate on HTS 9902.51.12 (average fiber diameter 18.5 microns or less) from 6 percent to zero, effective for goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2002; and an increase in the 2004 and 2005 TRQ levels to 3,500,000 square meters for HTS 9902.51.12 and to 4,500,000 square meters for HTS 9902.51.11. These levels may be modified by the President. See 15 CFR 340. The Act requires that the TRQs be allocated to persons who cut and sew men's and boys' worsted wool suits, suit-type jackets and trousers in the United States. On January 22, 2001 the Department published regulations establishing procedures for allocating the TRQs. 66 FR 6459, 15 CFR 335. In order to be eligible for an allocation, an applicant must submit an application on the form provided at *http://web.ita.doc.gov/tacgi/wooltrq.nsf/TRQApp* to the address listed above by 5 p.m. on September 24, 2004 in compliance with the requirements of 15 CFR 335. Any business confidential information that is marked “business confidential” will be kept confidential and protected from disclosure to the full extent permitted by law. Dated: August 20, 2004. James C. Leonard III, Deputy Assistant Secretary for Textiles and Apparel. [FR Doc. E4-1927 Filed 8-24-04; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF COMMERCE National Institute of Standards and Technology Notice of Government Owned Inventions Available for Licensing AGENCY: National Institute of Standards and Technology, Commerce. ACTION: Notice of government owned inventions available for licensing. SUMMARY: The inventions listed below are owned in whole by the U.S. Government, as represented by the Department of Commerce. The inventions are available for licensing in accordance with 35 U.S.C. 207 and 37 CFR part 404 to achieve expeditious commercialization of results of federally funded research and development. FOR FURTHER INFORMATION CONTACT: Technical and licensing information on these inventions may be obtained by writing to: National Institute of Standards and Technology, Office of Technology Partnerships, Attn: Mary Clague, Building 820, Room 213, Gaithersburg, MD 20899. Information is also available via telephone: 301-975-4188, fax 301-869-2751, or e-mail: *mary.clague@nist.gov* . Any request for information should include the NIST Docket number and title for the invention as indicated below. SUPPLEMENTARY INFORMATION: NIST may enter into a Cooperative Research and Development Agreement (“CRADA”) with the licensee to perform further research on the invention for purposes of commercialization. The inventions available for licensing are: [NIST Docket Number: 02-011] *Title:* Superconformal Metal Deposition Using Derivitized Substrates. *Abstract:* The invention provides a two-step superconformal process for depositing seam-free and void-free metal microelectronic conductors. The process involves first adsorbing a catalyst on the surface of the specimen by immersion in a catalyst-containing solution, followed by electrolytic metal deposition in a catalyst-free second solution containing supressors. [NIST Docket Number: 03-012] *Title:* System And Method For Authenticating Users Using Image Selection. *Abstract:* The invention is a general-purpose mechanism for authenticating users through the selection of a sequence of images from a displayed assembly of images. While specifically aimed at hand-held devices, the visual log-in technique is suitable for most computing platforms that require user authentication. The technique takes the image sequences selected by the user and formulates a password that is dependent on both the sequence and style of their selection. Moreover, the invention allows the same image sequence to be used repeatedly in a password change dialogue, yet generate a completely different password value each time. The invention also introduces a new way of “salting” passwords to make them less vulnerable to attack, which can be readily incorporated into the password derivation process. Dated: August 18, 2004. Hratch G. Semerjian, Acting Director. [FR Doc. 04-19416 Filed 8-24-04; 8:45 am]
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