Notices. Postponement of Preliminary Antidumping Duty Determinations

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BILLING CODE 3510-JT-M DEPARTMENT OF COMMERCE International Trade Administration [A-570-898, A-469-814] Notice of Postponement of Preliminary Antidumping Duty Determinations: Chlorinated Isocyanurates From the People's Republic of China and Spain AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Postponement of Preliminary Antidumping Duty Determinations. EFFECTIVE DATE: October 8, 2004. FOR FURTHER INFORMATION CONTACT: Thomas Killiam

(PRC)or Michele Mire (Spain), Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone

(202)482-5222 or

(202)482-4711, respectively. SUMMARY: The Department of Commerce (the Department) is postponing the preliminary determinations in the antidumping duty investigations of chlorinated isocyanurates

(isos)from the People's Republic of China

(PRC)and Spain. The deadline for issuing the preliminary determinations in these investigations is currently October 21, 2004. SUPPLEMENTARY INFORMATION: Background On June 10, 2004, the Department published the initiation of antidumping duty investigations of chlorinated isos from the PRC and Spain. *See* Initiation of Antidumping Duty Investigations: Chlorinated Isocyanurates From the People's Republic of China and Spain, 69 FR 32,488 (June 10, 2004). This notice stated that the Department would issue its preliminary determinations no later than 140 days after the date of initiation, which is October 21, 2004. Postponement of Preliminary Determinations Pursuant to section 733(c)(1)(A) of the Tariff Act of 1930, as amended (the Act), the petitioner may request a postponement from 140 days to not later than 190 days after the initiation of an investigation. A written request, including reasons for the postponement, may be submitted to the Department at least 25 days prior to the preliminary determination. On September 16, 2004, Clearon Corporation and Occidental Chemical Corporation, the petitioners to these proceedings, made timely requests pursuant to section 733(c)(1)(A) of the Act and 19 C.F.R. 351.205(e) for postponement of the preliminary determinations in both investigations for 50 days or until December 10, 2004. The petitioners requested postponement of the preliminary determinations so that the petitioners and the Department can analyze more fully the information that has been submitted in these investigations, as well as analyze information that is due to be filed in early October. There are no compelling reasons for the Department to deny these requests. Therefore, for the reasons identified by the petitioners, and pursuant to section 733(c)(1)(A) of the Act, and 19 CFR 351.205(e), the Department is postponing the deadline for issuing the preliminary determinations until December 10, 2004. The deadline for the final determinations will continue to be 75 days after the date of the preliminary determinations, unless extended. This notice of postponement is in accordance with section 733(c)(2) of the Act, and 19 CFR 351.205(f)(1). Dated: October 1, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-2555 Filed 10-7-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-897] Notice of Preliminary Determination of Sales at Less Than Fair Value: Certain Circular Welded Carbon Quality Line Pipe From the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) has preliminarily determined that imports of certain circular welded carbon quality line pipe from the People's Republic of China (“PRC”) are being, or are likely to be, sold in the United States at less than fair value (“LTFV”). The estimated margin of sales at LTFV is shown in the “Suspension of Liquidation” section of this notice. Interested parties are invited to comment on this preliminary determination. We will make our final determination not later than 75 days after the date of this preliminary determination. EFFECTIVE DATE: October 8, 2004. FOR FURTHER INFORMATION CONTACT: Brian Smith at 202-482-1766, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On March 3, 2004, the Department received an antidumping duty petition filed in proper form by American Steel Pipe Division of American Cast Iron Pipe Company, IPSCO Tubulars Inc., Lone Star Steel Company, Maverick Tube Corporation, Northwest Pipe Company, and Stupp Corporation (collectively “the petitioners”). On March 30, 2004, this investigation was initiated. *See Notice of Initiation of Antidumping Duty Investigation: Certain Circular Welded Carbon Quality Line Pipe from Mexico, the Republic of Korea, and the People's Republic of China,* 69 FR 16521 (March 30, 2004). On April 6, 2004, the Department requested from the Embassy of the People's Republic of China, Baoji Oil Country Tubular Goods Plant, Fanyu Zhujiang Steel Pipe Co Ltd., Jiling Jiyuan Steel Pipe Co., Ltd., Shanghai Alison Steel Pipe Co., Ltd. (“Shanghai Alison”), and Shengli Petroleum Administrative Bureau Steel Pipe Plant, the quantity and value (“Q&V”) of subject merchandise exported to the United States during the period July 1, 2003, through December 31, 2003. 1 The Department received a response sent by regular (non-express) delivery on May 10, 2004, from Shanghai Alison, dated April 23, 2004. Due to several filing format or service deficiencies, and because the questionnaire response was submitted past the April 21 deadline, the submission from Shanghai Alison was rejected in accordance with § 351.302(d) of the Department's regulations. *See Letter to Shanghai Alison from Edward Yang Re: Quantity and Value (Q&V) Questionnaire,* dated June 4, 2004. The Department received no other responses to the Q&V questionnaire. 1 The Department identified these companies through Internet research and Customs information as being large producers of subject merchandise. On April 19, 2004, the Department received comments related to the scope of the proceeding from the petitioners and Central Plastics Company (“CPC”), an interested party. CPC requested that line pipe of nominal pipe size outer diameters of 1 1/4 inch and less be excluded from the scope of the investigation. According to CPC, line pipe of 1 1/4 inch nominal pipe size outer diameter and less has different physical characteristics and can be used in very unique and specific applications. CPC uses this line pipe to distribute natural gas for household and business uses. CPC states that its ability to use pipe greater than 2 inches nominal pipe size outer diameter is not feasible given the specialized production processes used. Since this line pipe is more specialized, it is differentiated from the more common industrialized types of line pipe the investigation seeks to cover. In support of the exclusion, CPC also contends that the quantities of line pipe it imports are 0.1 percent of the market. CPC also notes that it uses domestic line pipe when possible, but there are certain quality and quantity constraints. Therefore, CPC must rely to some extent on imports. Finally, CPC states that a loss of jobs would most likely result from any coverage of line pipe in question by an antidumping duty finding. On April 21, 2004, petitioners submitted comments confirming that they do not oppose this request. Therefore, we have amended the scope of this investigation to exclude line pipe in nominal pipe size outer diameter of 1 1/4 inch and less. On April 27, 2004, the International Trade Commission (“ITC”) issued its determination that there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury by reason of imports of circular welded carbon quality line pipe from the PRC. *See Certain Welded Carbon Quality Line Pipe from China, Korea, and Mexico: Investigations Nos. 731-TA-1073-1075 (Preliminary).* On April 30, 2004, the Department issued its Section A antidumping questionnaire 2 to the Government of the PRC and provided courtesy copies to the four exporters/producers identified in the petition and one exporter/producer identified through the Department's research. The Department received no responses to this antidumping questionnaire from any of the respondents. 2 Section A of the questionnaire requests general information concerning a company's corporate structure and business practices, the merchandise under this investigation that it sells, and the manner in which it sells that merchandise in all of its markets. Section C requests a complete listing of U.S. sales. Section D requests information on the factors of producation of the merchandise under investigation. Section E requests information on further manufacturing. On August 5, 2004, the petitioners requested an extension of the preliminary determination with respect to line pipe from the PRC. *See* Letter from Petitioners Requesting an Extension of the Preliminary Determination on Certain Circular Welded Carbon Quality Line Pipe from China, dated August 5, 2004 (“Extension Request”). Accordingly, on August 6, 2004, the Department postponed the preliminary determination under section 733(c)(1)(A) of the Act by 50 days, to no later than September 29, 2004. *See Postponement of Preliminary Determination of Antidumping Duty Investigation: Certain Circular Welded Carbon Quality Line Pipe from the People's Republic of China,* 69 FR 49862 (August 12, 2004) (“Notice of Postponement”). On September 16, 2004, the petitioners requested an extension of the final determination. Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Because we have made an affirmative preliminary determination and have not received a request for postponement by exporters who account for a significant proportion of exports of the subject merchandise, we have not postponed the final determination. Scope of Investigation This investigation covers circular welded carbon quality steel pipe of a kind used for oil and gas pipelines, not more that 406.4 mm (16 inches) in outside diameter, regardless of wall thickness, surface finish (black, or coated with any coatings compatible with line pipe), and regardless of end finish (plain end, beveled ends for welding, threaded ends or threaded and coupled, as well as any other special end finishes), and regardless of stenciling. Excluded from this proceeding are line pipe in nominal pipe size outer diameter of 1 1/4 inch and less. The merchandise subject to this investigation may be classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) at heading 7306 and subheadings 7306.10.10.10, 7306.10.1013, 7306.10.1014, 7306.10.1015, 7306.10.1019, 7306.10.1050, 7306.10.1053, 7306.10.1054, 7306.10.1055, 7306.10.1059, 7306.10.5010, 7306.10.5013, 7306.10.5014, 7306.10.5015, 7306.10.5019, 7306.10.5050, 7306.10.5053, 7306.10.5054, 7306.10.5055, and 7306.10.5059. The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of the investigation is dispositive. Period of Investigation The period of investigation (“POI”) corresponds to the two most recent fiscal quarters prior to the filing of the petition, *i.e.* , July 1, 2003, through December 31, 2003. Nonmarket Economy Country Status The Department has treated the PRC as a nonmarket economy (“NME”) country in all past antidumping investigations. *See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Bulk Aspirin From the People's Republic of China,* 65 FR 33805 (May 25, 2000); *Notice of Final Determination of Sales at Less Than Fair Value: Certain Non-Frozen Apple Juice Concentrate from the People's Republic of China,* 65 FR 19873 (April 13, 2000); *Notice of Final Determination of Sales at Less Than Fair Value: Certain Hot-Rolled Carbon Steel Flat Products from the People's Republic of China,* 66 FR 49632 (September 28, 2001) (“Hot-Rolled Steel from the PRC”). This NME designation remains in effect until it is revoked by the Department. *See* section 771(18)(C) of the Act. No party has sought revocation of the NME status in this investigation. Therefore, in accordance with section 771(18)(C) of the Act, we will continue to treat the PRC as an NME country. When the Department is investigating imports from an NME, section 773(c)(1) of the Act directs us to base the normal value (“NV”) on the NME producer's factors of production (“FOPs”), valued in a comparable market economy that is a significant producer of comparable merchandise. The sources of individual factor prices are discussed under the “Normal Value” section, below. Furthermore, no interested party has requested that we treat the circular welded carbon quality line pipe industry in the PRC as a market-oriented industry and no information has been provided that would lead to such a determination. Therefore, we preliminarily have continued to treat the PRC as an NME. Selection of Surrogate Country In accordance with section 773(c)(4) of the Act, the Department, in valuing the FOPs, shall utilize, to the extent possible, the prices or costs of FOPs in one or more market-economy countries that are at a level of economic development comparable to that of the NME country and are significant producers of comparable merchandise. The Department has determined that India, Pakistan, Indonesia, Sri Lanka and the Philippines are countries comparable to that of the PRC in terms of economic development. *See* Memorandum from Ron Lorentzen to Edward Yang Re: Request for a List of Surrogate Countries, dated July 2, 2004. Customarily, we select an appropriate surrogate based on the availability and reliability of data from these countries. For PRC cases, the primary surrogate has often been India if it is a significant producer of comparable merchandise. In this case, we have found that India is a significant producer of comparable merchandise. *See* Memorandum to File from Salim Bhabhrawala Re: Selection of Surrogate Country, dated September 29, 2004. We used India as the primary surrogate country and, accordingly, we have corroborated petitioner's calculations of NV using Indian prices to value the PRC producer's FOPs, when available and appropriate. We have obtained and relied upon publicly available information wherever possible. In accordance with 19 CFR 351.301(c)(3)(i), for the final determination in this antidumping investigation, interested parties may submit publicly available information to value the FOPs within 40 days after the date of the publication of the preliminary determination. The PRC-Wide Rate In NME cases, it is the Department's policy to assume that all exporters located in the NME comprise a single exporter under common control, the “NME entity.” This presumption can be rebutted. The Department assigns a single NME rate to the NME entity unless an exporter can demonstrate eligibility for a separate rate. 3 All exporters were given the opportunity to respond to the Department's questionnaires. As explained above, we did not receive timely responses from any PRC respondent. For this reason, we preliminarily determine that the PRC exporters of circular welded carbon quality line pipe from the PRC failed to respond to our questionnaire. Consequently, we are applying adverse facts available ( *see* below) to determine the single antidumping duty rate—the PRC—wide rate—applicable to exporters in the PRC based on the fact that no respondent demonstrated entitlement to a separate rate; thus, all exporters of circular welded carbon quality line pipe are treated as a single enterprise under common control by the PRC government. *See, e.g., Final Determination of Sales at Less Than Fair Value: Synthetic Indigo from the People's Republic of China,* 65 FR 25706, 25707 (May 3, 2000). The PRC-wide rate applies to all entries of subject merchandise. 3 Because no entity, including the PRC entity, provided a response to the questionnaire, no party qualifies for a separate rate. Use of Facts Otherwise Available Section 776(a)(2) of the Act provides that if an interested party or any other person:

(A)Withholds information that has been requested by the Department;

(B)fails to provide such information in a timely manner or in the form or manner requested under the antidumping statute;

(C)significantly impedes an antidumping investigation; or

(D)provides such information, but the information cannot be verified, the Department shall use the facts otherwise available in reaching the applicable determination as provided in section 782(d) of the Act. *See Dynamic Random Access Memory Semiconductors of One Megabit or Above From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Notice of Intent Not To Revoke Order in Part,* 64 FR 30481 (June 8, 1999); *Silicon Metal From The People's Republic of China: Final Results of Antidumping Duty Administrative Review,* 63 FR 37850 (July 14, 1998). Apart from an untimely and improperly filed Q&V response from Shanghai Alison, no party responded to our questionnaires. Therefore, they have impeded the Department's best efforts to conduct this investigation. For these reasons, the Department finds that use of facts otherwise available is appropriate for this preliminary determination. Use of Adverse Facts Available Section 776(b) of the Act provides that, if the Department finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information, the Department may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available. In addition, the Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H. Doc. 316, Vol. 1, 103d Cong.

(1994)(“SAA”), establishes that the Department may employ an adverse inference “* * * to ensure that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully.” *See* SAA at 870. It also instructs the Department, in employing adverse inferences, to consider “* * * the extent to which a party may benefit from its own lack of cooperation.” *See id.* In this particular case, the PRC entity failed to respond to several of the Department's requests for information. Moreover, the PRC entity did not provide an explanation or documentation for its failure to respond to the questionnaire. *See* Memorandum to the File, from Steve Williams, Case Analyst, through Jim Nunno, Team Leader, Re: Responses to the Quantity and Value and Section A Questionnaires, dated June 10, 2004. Therefore, the Department finds that, by not providing the necessary responses to the questionnaires issued by the Department, the PRC entity has failed to cooperate to the best of its ability and therefore the use of adverse facts available is appropriate. Corroboration Section 776(c) of the Act provides that, when the Department relies on secondary information rather than on information obtained in the course of a review, the Department shall, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. In corroborating the petition margin, the Department must rely on surrogate values. Prior to using surrogate values, the Department must select a primary surrogate country. As explained above, we selected India as a primary surrogate country. *See* Memorandum to the File from Salim Bhabhrawala, Case Analyst, Re: Selection of Surrogate Country, dated September 29, 2004. The Department attempted to find surrogate values contemporaneous with the POI from a comparable market economy to corroborate properly the secondary information to be used as the basis of the margin for the PRC entity. The Department conducted a search of the surrogate company's (Surya Roshni) financial statements by using web search engines, but could not identify detailed financial statements that would be contemporaneous with the POI and therefore appropriate for updating the surrogate values provided in the petition. Therefore, the Department has continued using the surrogate values provided in the petition, adjusted by the Department by a factor for estimated inflation within the POI, and subsequently corroborated through the Department's review. Based on information contained in the petition and our corroboration, the Department calculated a dumping margin of 73.17 percent. *See* Memorandum to File from Steve Williams, Case Analyst, through Jim Doyle, Office Director, Total Adverse Facts Available Corroboration Memorandum, dated September 29, 2004. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, the Department will direct U.S. Customs and Border Protection

(CBP)to suspend liquidation of all imports of subject merchandise, that are entered or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the **Federal Register.** We will instruct CBP to require a cash deposit or posting of a bond equal to the estimated preliminary dumping margin indicated in the chart below. This suspension of liquidation will remain in effect until further notice. We preliminarily determine that the following margin exists for the POI: Circular Welded Carbon Quality Line Pipe From the PRC Producer/manufacturer/exporter Weighted-average margin PRC-wide rate 73.17% The PRC-wide rate applies to all entries of the subject merchandise. ITC Notification In accordance with section 733(f) of the Act, we have notified the ITC of our preliminary determination. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether imports of circular welded carbon quality line pipe from the PRC are materially injuring, or threaten material injury to, the U.S. industry. Public Comment Case briefs or other written comments must be submitted to the Assistant Secretary for Import Administration no later than 30 days after the date of publication of this notice, and rebuttal briefs no later than 35 days after the date of publication of this notice. Rebuttal briefs must be limited to the issues raised in the case briefs. A list of authorities used and an executive summary of issues should accompany any briefs submitted to the Department. Such summary should be limited to five pages total, including footnotes. In accordance with section 774 of the Act, we will hold a public hearing, if requested, to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, within 30 days of the date of publication of this notice. Requests should contain:

(1)The party's name, address, and telephone number;

(2)the number of participants; and

(3)a list of the issues to be discussed. At the hearing, oral presentations will be limited to issues raised in the briefs. *See* 19 CFR 351.310(c). We will make our final determination no later than 75 days after the date of this preliminary determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act. Dated: September 29, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-2566 Filed 10-7-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-489-805] Certain Pasta From Turkey: Notice of Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of rescission of antidumping duty administrative review. SUMMARY: In response to a request by the petitioners, New World Pasta Company, American Italian Pasta Company, and Dakota Growers Pasta Company (the Petitioners), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain pasta (pasta) from Turkey for the period July 1, 2003, through June 30, 2004. For the reason discussed below, we are rescinding this administrative review. EFFECTIVE DATE: October 8, 2004. FOR FURTHER INFORMATION CONTACT: James Terpstra or Dennis McClure, Office 3, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-3965, or

(202)482-5973, respectively. SUPPLEMENTARY INFORMATION: Scope of Review Imports covered by this review are shipments of certain non-egg dry pasta in packages of five pounds (2.27 kilograms) or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastases, vitamins, coloring and flavorings, and up to two percent egg white. The pasta covered by this scope is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions. Excluded from the scope of this review are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white. The merchandise subject to review is currently classifiable under item 1902.19.20 of the *Harmonized Tariff Schedule of the United States (HTSUS* ). Although the *HTSUS* subheading is provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive. Background On July 1, 2004, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on certain pasta from Turkey. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 69 FR 39903 (July 1, 2004). On August 30, 2004, pursuant to a request made by the Petitioners, the Department initiated an administrative review of Tat Konserve, A.S. and Filiz Gida Sanayi ve Ticaret, A.S. under the antidumping duty order on certain pasta from Turkey. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 69 FR 52857 (August 30, 2004). On September 21, 2004, the Petitioners timely withdrew their request for an administrative review of certain pasta from Turkey. Rescission of Review If a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review, the Secretary will rescind the review pursuant to 19 CFR 351.213(d)(1). In this case, the Petitioners withdrew their request for an administrative review within 90 days from the date of initiation. No other interested party requested a review and we have received no comments regarding the Petitioner's withdrawal of their request for a review. Therefore, we are rescinding this review of the antidumping duty order on certain pasta from Turkey. The Department will issue appropriate assessment instructions directly to U.S. Customs and Border Protection

(CBP)within 15 days of the publication of this notice. The Department will direct CBP to assess antidumping duties for each company at the cash deposit rate in effect on the date of entry for entries during the period July 1, 2003, through June 30, 2004. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and countervailing 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 and countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and countervailing duties reimbursed. This notice also serves as a reminder to parties subject to administrative protective order

(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation. This notice is in accordance with section 777(i)(1) of the Act and 19 CFR 251.213(d)(4). Dated: October 4, 2004. Jeffrey A. May, Deputy Assistant Secretary for Import Administration. [FR Doc. E4-2557 Filed 10-7-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Stainless Steel Sheet and Strip in Coils from France; Final Results of the Expedited Sunset Review of the Antidumping Duty Order [A-427-814] AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Final Results of Expedited Sunset Review of the Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils from France. SUMMARY: On June 1, 2004, the Department of Commerce (“the Department”) initiated a sunset review of the antidumping duty order on stainless steel sheet and strip in coils (“SSSSC”) from France pursuant to section 751(c) of the Tariff Act of 1930, as amended (“the Act”). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of domestic interested parties and inadequate responses from respondent interested parties, the Department conducted an expedited (120-day) sunset review. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the *Final Results of Review* section of this notice. EFFECTIVE DATE: October 8, 2004. FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., Office of Policy for Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-4340. SUPPLEMENTARY INFORMATION: Background: On June 1, 2004, the Department published the notice of initiation of the sunset review of the antidumping duty order on SSSSC from France. 1 On June 16, 2004, the Department received a Notice of Intent to Participate from Nucor Corporation; Allegheny Ludlum Corporation; North American Stainless; the United Steelworkers of America, AFL-CIO; the local 3303 United Auto Workers; and Zanesville Armco Independent Organization, Inc. (collectively “domestic interested parties”) within the deadline specified in section 351.218(d)(1)(i) of the Department's regulations. The domestic interested parties claimed interested party status under section 771(9)(C) and

(D)of the Act, as domestic manufacturers of SSSSC or certified unions whose workers are engaged in the production of SSSSC in the United States. On July 1, 2004, the Department received a complete substantive response collectively from the domestic interested parties within the deadline specified in section 351.218(d)(3)(i) of the Department's regulations. We received a waiver of participation from Ugine & ALZ France. As a result, pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department's regulations, the Department determined to conduct an expedited review of this order. 1 *See Initiation of Five-Year (“Sunset”) Reviews, 69 FR 30874 (June 1, 2004)(“Initiation Notice”).* Scope of the Order For purposes of this review, the products covered are certain stainless steel sheet and strip in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product in coils that is greater than 9.5 mm in width and less than 4.75 mm in thickness, and that is annealed or otherwise heat treated and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold-rolled, polished, aluminized, coated, etc.) provided that it maintains the specific dimensions of sheet and strip following such processing. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (“HTS”) at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81 2 , 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTS subheadings are provided for convenience and customs purposes, the Department's written description of the merchandise under review is dispositive. 2 Due to changes to the HTS numbers in 2001, 7219.13.0030, 7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031, 7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively. Excluded from the review of this order are the following:

(1)sheet and strip that is not annealed or otherwise heat treated and pickled or otherwise descaled,

(2)sheet and strip that is cut to length,

(3)plate (i.e., flat-rolled stainless steel products of a thickness of 4.75 mm or more),

(4)flat wire (i.e., cold-rolled sections, with a prepared edge, rectangular in shape, of a width of not more than 9.5 mm), and

(5)razor blade steel. Razor blade steel is a flat-rolled product of stainless steel, not further worked than cold-rolled (cold- reduced), in coils, of a width of not more than 23 mm and a thickness of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent chromium, and certified at the time of entry to be used in the manufacture of razor blades. See chapter 72 of the HTS, “Additional U.S. Note” 1(d). Flapper valve steel is also excluded from the scope of the order. This product is defined as stainless steel strip in coils containing, by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent manganese. This steel also contains, by weight, phosphorus of 0.025 percent or less, silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent or less. The product is manufactured by means of vacuum arc remelting, with inclusion controls for sulphide of no more than 0.04 percent and for oxide of no more than 0.05 percent. Flapper valve steel has a tensile strength of between 210 and 300 ksi, yield strength of between 170 and 270 ksi, plus or minus 8 ksi, and a hardness

(Hv)of between 460 and 590. Flapper valve steel is most commonly used to produce specialty flapper valves in compressors. Also excluded is a product referred to as suspension foil, a specialty steel product used in the manufacture of suspension assemblies for computer disk drives. Suspension foil is described as 302/304 grade or 202 grade stainless steel of a thickness between 14 and 127 microns, with a thickness tolerance of plus-or-minus 2.01 microns, and surface glossiness of 200 to 700 percent Gs. Suspension foil must be supplied in coil widths of not more than 407 mm, and with a mass of 225 kg or less. Roll marks may only be visible on one side, with no scratches of measurable depth. The material must exhibit residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm over 685 mm length. Certain stainless steel foil for automotive catalytic converters is also excluded from the scope of this order. This stainless steel strip in coils is a specialty foil with a thickness of between 20 and 110 microns used to produce a metallic substrate with a honeycomb structure for use in automotive catalytic converters. The steel contains, by weight, carbon of no more than 0.030 percent, silicon of no more than 1.0 percent, manganese of no more than 1.0 percent, chromium of between 19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of no more than 0.045 percent, sulfur of no more than 0.03 percent, lanthanum of less than 0.002 or greater than 0.05 percent, and total rare earth elements of more than 0.06 percent, with the balance iron. Permanent magnet iron-chromium-cobalt alloy stainless strip is also excluded from the scope of this order. This ductile stainless steel strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 percent cobalt, with the remainder of iron, in widths 228.6 mm or less, and a thickness between 0.127 and 1.270 mm. It exhibits magnetic remanence between 9,000 and 12,000 gauss, and a coercivity of between 50 and 300 oersteds. This product is most commonly used in electronic sensors and is currently available under proprietary trade names such as “Arnokrome III.” 3 Certain electrical resistance alloy steel is also excluded from the scope of this order. This product is defined as a non-magnetic stainless steel manufactured to American Society of Testing and Materials

(ASTM)specification B344 and containing, by weight, 36 percent nickel, 18 percent chromium, and 46 percent iron, and is most notable for its resistance to high temperature corrosion. It has a melting point of 1390 degrees Celsius and displays a creep rupture limit of 4 kilograms per square millimeter at 1000 degrees Celsius. This steel is most commonly used in the production of heating ribbons for circuit breakers and industrial furnaces, and in rheostats for railway locomotives. The product is currently available under proprietary trade names such as “Gilphy 36.” 4 Certain martensitic precipitation-hardenable stainless steel is also excluded from the scope of this order. This high-strength, ductile stainless steel product is designated under the Unified Numbering System

(UNS)as S45500-grade steel, and contains, by weight, 11 to 13 percent chromium, and 7 to 10 percent nickel. Carbon, manganese, silicon and molybdenum each comprise, by weight, 0.05 percent [[Page 69381]] or less, with phosphorus and sulfur each comprising, by weight, 0.03 percent or less. This steel has copper, niobium, and titanium added to achieve aging, and will exhibit yield strengths as high as 1700 Mpa and ultimate tensile strengths as high as 1750 Mpa after aging, with elongation percentages of 3 percent or less in 50 mm. It is generally provided in thicknesses between 0.635 and 0.787 mm, and in widths of 25.4 mm. This product is most commonly used in the manufacture of television tubes and is currently available under proprietary trade names such as “Durphynox 17.” 5 Finally, three specialty stainless steels typically used in certain industrial blades and surgical and medical instruments are also excluded from the scope of this order. These include stainless steel strip in coils used in the production of textile cutting tools (e.g., carpet knives). 6 This steel is similar to AISI grade 420 but containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of 0.020 percent or less, and includes between 0.20 and 0.30 percent copper and between 0.20 and 0.50 percent cobalt. This steel is sold under proprietary names such as “GIN4 Mo.'' The second excluded stainless steel strip in coils is similar to AISI 420-J2 and contains, by weight, carbon of between 0.62 and 0.70 percent, silicon of between 0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent, phosphorus of no more than 0.025 percent and sulfur of no more than 0.020 percent. This steel has a carbide density on average of 100 carbide particles per 100 square microns. An example of this product is “GIN5” steel. The third specialty steel has a chemical composition similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent, molybdenum of between 1.15 and 1.35 percent, but lower manganese of between 0.20 and 0.80 percent, phosphorus of no more than 0.025 percent, silicon of between 0.20 and 0.50 percent, and sulfur of no more than 0.020 percent. This product is supplied with a hardness of more than Hv 500 guaranteed after customer processing, and is supplied as, for example, “GIN6” 7 . 3 “Arnokrome III” is a trademark of the Arnold Engineering Company. 4 “Gilphy 36” is a trademark of Imphy, S.A. 5 “Durphynox 17” is a trademark of Imphy, S.A. 6 This list of uses is illustrative and provided for descriptive purposes only. 7 “GIN4 Mo,” “GIN5,” and “GIN6” are the proprietary grades of Hitachi Metals America, Ltd. Analysis of Comments Received All issues raised in these reviews are addressed in the “Issues and Decision Memorandum” (“Decision Memo”) from Ronald K. Lorentzen, Acting Director, Office of Policy, Import Administration, to James J. Jochum, Assistant Secretary for Import Administration, dated September 29, 2004, which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were to be revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in room B-099 of the main Commerce Building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn, under the heading “October 2004.” The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Reviews We determine that revocation of the antidumping duty order on SSSSC from France would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: Manufacturers/Exporters/Producers Weighted Average Margin (percent) Ugine & ALZ France, S.A. 9.38 percent All Others 9.38 percent We are issuing and publishing the results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: September 29, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-2556 Filed 10-7-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Application for Duty-Free Entry of Scientific Instrument Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether an instrument of equivalent scientific value, for the purposes for which the instrument shown below is intended to be used, is being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and

(4)of the regulations and be filed within 20 days with the Statutory Import Programs Staff, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5 p.m. in Suite 4100W, U.S. Department of Commerce, Franklin Court Building, 1099 14th Street, NW., Washington, DC. *Docket Number:* 04-017. *Applicant:* University of Pennsylvania. *Instrument:* Electron Microscope, Model Tecnai G 2 TWIN BioTWIN. *Manufacturer:* FEI Company, The Netherlands. *Intended Use:* The instrument is intended to be used to observe a wide variety of biological specimens to detect structural changes within viruses, cells, cellular components, or tissues as related to changes of genes or a variety of treatments in order to identify specific correlations between the molecular change of genes and proteins and the structural changes or abnormalities in the cells and tissues. Application accepted by Commissioner of Customs: September 13, 2004. Gerald A. Zerdy, Program Manager, Statutory Import Programs Staff. [FR Doc. E4-2558 Filed 10-7-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Construction Safety Team Advisory Committee Meeting AGENCY: National Institute of Standards and Technology, United States Department of Commerce. ACTION: Notice of rescheduling of partially closed meeting. SUMMARY: The National Institute of Standards and Technology

(NIST)is announcing the rescheduling of the National Construction Safety Team

(NCST)Advisory Committee (Committee) meeting planned for Tuesday, October 5, 2004, and Wednesday, October 6, 2004 (69 FR 55585). NIST is rescheduling the meeting in response to public requests for additional time to make public comments and to have more of the meeting sessions open to the public. The meeting will be rescheduled to be held at NIST on Tuesday, October 19, 2004, from 8 a.m. to 5 p.m. and Wednesday, October 20, 2004, from 8 a.m. to 3 p.m. DATES: The meeting will be rescheduled to be held on October 19, 2004, at 8 a.m. and will adjourn at 3 p.m. on October 20, 2004. The closed portion of the meeting is scheduled to begin at 11 a.m. and end at 3 p.m. on October 20. ADDRESSES: The meeting will be held in the Employees Lounge, Administration Building, at NIST, Gaithersburg, Maryland. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Stephen Cauffman, National Construction Safety Team Advisory Committee, National Institute of Standards and Technology, 100 Bureau Drive, MS 8611, Gaithersburg, Maryland 20899-8611. Mr. Cauffman's e-mail address is *stephen.cauffman@nist.gov* and his phone number is

(301)975-6051. SUPPLEMENTARY INFORMATION: The Committee was established pursuant to Section 11 of the National Construction Safety Team Act (15 U.S.C. 7310 *et seq.* ). The Committee is composed of nine members appointed by the Director of NIST who were selected for their technical expertise and experience, established records of distinguished professional service, and their knowledge of issues affecting teams established under the NCST Act. The Committee will advise the Director of NIST on carrying out investigations of building failures conducted under the authorities of the NCST Act that became law in October 2002 and will review the procedures developed to implement the NCST Act and reports issued under section 8 of the NCST Act. Background information on the NCST Act and information on the NCST Advisory Committee is available at *www.nist.gov/ncst* . Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the National Construction Safety Team

(NCST)Advisory Committee (Committee), National Institute of Standards and Technology (NIST), will meet Tuesday, October 19, 2004, from 8 a.m. to 5 p.m. and Wednesday, October 20, 2004, from 8 a.m. to 3 p.m. at NIST headquarters in Gaithersburg, Maryland. The primary purpose of this meeting is to provide an update on the progress of the federal building and fire safety investigation of the World Trade Center Disaster (WTC Investigation). The agenda will also include a discussion on the progress of the Rhode Island Nightclub Investigation. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST Web site at *www.nist.gov/ncst* . The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on August 2, 2004, that portions of the meeting of the National Construction Safety Team Advisory Committee that involve discussions regarding the proprietary information and trade secrets of third parties, data and documents that may also be used in criminal cases or lawsuits, matters the premature disclosure of which would be likely to significantly frustrate implementation of a proposed agency action, and data collection status and the issuance of subpoenas may be closed in accordance with 5 U.S.C. 552b(c)(4), (5), (9)(B), and

(10)respectively. The closed portion of the meeting is scheduled to begin at 11 a.m. and end at 3 p.m. on October 20. All other portions of the meeting will be open to the public. Individuals and representatives of organizations who would like to offer comments and suggestions related to the Committee's affairs, the WTC Investigation, or the Rhode Island Investigation are invited to request a place on the agenda. On October 19, 2004, approximately one-hour will be reserved for public comments, and speaking times will be assigned on a first-come, first-served basis. The amount of time per speaker will be determined by the number of requests received, but is likely to be 5 minutes each. Questions from the public will not be considered during this period. Speakers who wish to expand upon their oral statements, those who had wished to speak but could not be accommodated on the agenda, and those who were unable to attend in person are invited to submit written statements to the National Construction Safety Team Advisory Committee, National Institute of Standards and Technology, 100 Bureau Drive, MS 8611, Gaithersburg, Maryland 20899-8611, via fax at

(301)975-6122, or electronically by e-mail to *ncstac@nist.gov* . All visitors to the NIST site are required to pre-register to be admitted. Anyone wishing to attend this meeting must register by close of business on Friday, October 15, 2004, in order to attend. Please submit your name, time of arrival, e-mail address and phone number to Stephen Cauffman and he will provide you with instructions for admittance. Non-U.S. citizens must also submit their country of citizenship, title, employer/sponsor, and address. Mr. Cauffman's e-mail address is *stephen.cauffman@nist.gov* and his phone number is

(301)975-6051. Dated: September 29, 2004. Hratch G. Semerjian, Acting Director. [FR Doc. 04-22607 Filed 10-7-04; 8:45 am]

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