Notices. Notice of amended final determination of sales at less than fair value

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BILLING CODE 3510-24-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-891] Amended Final Determination of Sales at Less Than Fair Value: Hand Trucks and Certain Parts Thereof From the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of amended final determination of sales at less than fair value. SUMMARY: On October 7, 2004, the Department of Commerce announced the final determination of the sales at less than fair value investigation for hand trucks and certain parts thereof from the People's Republic of China for the period April, 1, 2003, through September 30, 2003.

These final results were published in the **Federal Register** on October 14, 2004. On October 15, 2004, Qingdao Huatian Hand Truck Co., Ltd., Qingdao Taifa Group Co., Ltd., True Potential Co., Qingdao Future Tool Inc., Gleason Industrial Products, Inc., and Precision Products Inc. submitted ministerial error allegations. On October 20, 2004, the same companies submitted rebuttal comments. Based on these allegations, we made changes to the margin calculation of Qingdao Huatian Hand Truck Co., Ltd., Qingdao Taifa Group Co., Ltd., True Potential Co., Qingdao Future Tool Inc., and Shandong Machinery Import & Export Group.

The final weighted-average dumping margins for these companies are listed below in the section entitled “Amended Final Determination.” EFFECTIVE DATE: November 12, 2004. FOR FURTHER INFORMATION CONTACT: Dan Alexy, Audrey Twyman or Stephen Cho, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone

(202)482-1540,

(202)482-3534 and

(202)482-3798, respectively. Background On October 14, 2004, the Department of Commerce (the “Department”) published the final determination of this investigation. *See Notice of Final Determination of Sales at Less Than Fair Value: Hand Trucks and Certain Parts Thereof from the People's Republic of China,* 69 FR 60980 (“ *Final Determination* ”). The period of investigation is April, 1, 2003, through September 30, 2003. On October 15, 2004, we received ministerial error allegations, filed pursuant to 19 CFR 351.224(c) of the Department's regulations, from Qingdao Huatian Hand Truck Co., Ltd. (“Huatian”), Qingdao Taifa Group Co., Ltd. (“Taifa”), True Potential Co. (“True Potential”), and Qingdao Future Tool Inc. (“Future Tool”) (collectively, the “respondents”), and Gleason Industrial Products, Inc., and Precision Products Inc. (collectively, the “petitioners”) regarding the Department's final margin calculation. On October 20, 2004, the petitioners and the respondents submitted rebuttal comments. All parties requested that we correct the errors and publish a notice of amended final results in the **Federal Register** , pursuant to 19 CFR 351.224(e). Scope of the Investigation For the purpose of this investigation, the product covered consists of hand trucks manufactured from any material, whether assembled or unassembled, complete or incomplete, suitable for any use, and certain parts thereof, namely the vertical frame, the handling area and the projecting edges or toe plate, and any combination thereof. A complete or fully assembled hand truck is a hand-propelled barrow consisting of a vertically disposed frame having a handle or more than one handle at or near the upper section of the vertical frame; at least two wheels at or near the lower section of the vertical frame; and a horizontal projecting edge or edges, or toe plate, perpendicular or angled to the vertical frame, at or near the lower section of the vertical frame. The projecting edge or edges, or toe plate, slides under a load for purposes of lifting and/or moving the load. That the vertical frame can be converted from a vertical setting to a horizontal setting, then operated in that horizontal setting as a platform, is not a basis for exclusion of the hand truck from the scope of this petition. That the vertical frame, handling area, wheels, projecting edges or other parts of the hand truck can be collapsed or folded is not a basis for exclusion of the hand truck from the scope of the petition. That other wheels may be connected to the vertical frame, handling area, projecting edges, or other parts of the hand truck, in addition to the two or more wheels located at or near the lower section of the vertical frame, is not a basis for exclusion of the hand truck from the scope of the petition. Finally, that the hand truck may exhibit physical characteristics in addition to the vertical frame, the handling area, the projecting edges or toe plate, and the two wheels at or near the lower section of the vertical frame, is not a basis for exclusion of the hand truck from the scope of the petition. Examples of names commonly used to reference hand trucks are hand truck, convertible hand truck, appliance hand truck, cylinder hand truck, bag truck, dolly, or hand trolley. They are typically imported under heading 8716.80.50.10 of the *Harmonized Tariff Schedule of the United States* (“HTSUS”), although they may also be imported under heading 8716.80.50.90. Specific parts of a hand truck, namely the vertical frame, the handling area and the projecting edges or toe plate, or any combination thereof, are typically imported under heading 8716.90.50.60 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department's written description of the scope is dispositive. Excluded from the scope are small two-wheel or four-wheel utility carts specifically designed for carrying loads like personal bags or luggage in which the frame is made from telescoping tubular material measuring less than 5/8 inch in diameter; hand trucks that use motorized operations either to move the hand truck from one location to the next or to assist in the lifting of items placed on the hand truck; vertical carriers designed specifically to transport golf bags; and wheels and tires used in the manufacture of hand trucks. Amended Final Determination After analyzing the submissions, we have determined in accordance with section 735(e) of the Tariff Act of 1930, as amended, (“the Act”) and 19 CFR 351.224 that we made ministerial errors in the margin calculations for Huatian and Taifa. The ministerial errors include an error alleged by Huatian pertaining to the Department's deduction of international freight from certain U.S. sales of Huatian, an error alleged by the respondents in the calculation of the selling, general, and administrative expenses (“SG&A”) ratio, and two errors alleged by the petitioners, one, on the correct weight code for certain hand truck models in Taifa's margin calculation, and the other, on the proper unit of measure for bearings in Huatian's margin calculation. Specifically: • We inadvertently neglected to add the actual freight incurred for certain U.S. sales of Huatian. • We inadvertently included movement expenses in the calculation of the SG&A ratio which resulted in the double-counting of these expenses. • We inadvertently neglected to correct the error in weight code for certain hand truck models when applying facts available in Taifa's margin calculation. • We inadvertently neglected to include the proper unit of measure for bearings when applying facts available in Huatian's margin calculation. For a detailed discussion of the ministerial error allegations and the Department's analysis, see Memorandum from Team to Jeffrey A. May, Deputy Assistant Secretary for Import Administration, entitled “Ministerial Error Allegations,” dated November 5, 2004. We are amending the final determination of the antidumping duty investigation of hand trucks from the People's Republic of China (“PRC”) to reflect the correction of the above-cited ministerial errors. As a result of corrections of the ministerial errors in the *Final Determination,* the revised final weighted-average dumping margins are as follows: Exporter/manufacturer Original weighted-average margin percentage Revised weighted-average margin percentage Qingdao Huatian Hand Truck Co., Ltd. 45.04 46.48 Qingdao Taifa Group Co., Ltd. 27.00 26.49 True Potential Co. 24.90 33.68 Qingdao Future Tool Inc. 30.56 32.76 Shandong Machinery Import & Export Group 30.56 32.76 PRC-wide Rate 386.75 383.60 Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (“CBP”) to continue to suspend liquidation of all imports of subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after May 24, 2004, the date of publication of our *Preliminary Determination.* CBP shall continue to require a cash deposit or the posting of a bond equal to the estimated amount by which the normal value exceeds the U.S. price as revised and shown above. These instructions suspending liquidation will remain in effect until further notice. This determination is issued and published in accordance with sections 735(d) and 777(i) of the Act. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-3155 Filed 11-10-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 110104B] Magnuson-Stevens Act Provisions; Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Chartering Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Issuance of 2005 Exempted Fishing, Scientific Research, Display, and Chartering Permits; request for comments. SUMMARY: NMFS announces the intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display, and Chartering Permits for the collection of Atlantic highly migratory species (HMS). The Permits would authorize collections of a limited number of tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean and Gulf of Mexico for the purposes of scientific data collection and public display. Generally, these permits will be valid through December 31, 2005. NMFS also announces the intent to consider issuing permits upon receiving applications from U.S. fishermen whose vessels fish for Atlantic HMS while operating under chartering arrangements within the Exclusive Economic Zone

(EEZ)of other nations to collect data consistent with the International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations and to ensure consistency with another country's regulations without violating U.S. regulations. DATES: Written comments on these collection, research and fishing activities will be considered by NMFS in issuing such EFPs/SRPs/Display/Chartering Permits if received on or before December 13, 2004. ADDRESSES: You may submit comments by any of the following methods: • Email: *ID110104B@noaa.gov* . Include in the subject line the following identifier: I.D.110104B. • Mail: Christopher Rogers, Chief, Highly Migratory Species Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910. • Fax: (301)713-1917. FOR FURTHER INFORMATION CONTACT: Heather Stirratt or Sari Kiraly, by phone: 301-713-2347 or fax: 301-713-1917. SUPPLEMENTARY INFORMATION: EFPs, SRPs, Display, and Chartering Permits are requested and issued under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 *et seq.* ) and/or the Atlantic Tunas Convention Act (16 U.S.C. 971 *et seq.* ). Regulations at 50 CFR 600.745 and 50 CFR 635.32 govern scientific research activity, exempted fishing, chartering arrangements, and exempted educational activity with respect to Atlantic HMS. Issuance of EFPs, SRPs, Display, and Chartering Permits may be necessary for the collection of scientific data and for public display because the possession of certain shark species is prohibited, possession of billfishes on board commercial fishing vessels is prohibited, and because the commercial fisheries for bluefin tuna, swordfish, and large coastal sharks may be closed for extended periods, during which time the collection of live animals and/or biological samples would otherwise be prohibited. In addition, NMFS regulations at 50 CFR 635.32 regarding the implantation or attachment of archival tags in Atlantic HMS require prior authorization and a report on implantation activities. NMFS seeks public comment on its intention to issue EFPs for the purpose of collecting biological samples under at-sea fisheries observer programs. NMFS intends to issue EFPs to any NMFS employee or NMFS-approved contractor/observer to bring onboard and possess (for scientific research purposes, biological sampling, measurement, etc.) any Atlantic swordfish, Atlantic shark, or Atlantic billfish, provided the fish is a recaptured tagged fish, dead prior to being brought onboard, or specifically authorized for sampling by the Director of NMFS' Office of Sustainable Fisheries at the request of the Southeast Fisheries Science Center or the Northeast Fisheries Science Center. On average, several hundred swordfish and sharks are collected by at-sea observers under such EFPs in any given year. Collection of bluefin tuna may be authorized for scientific research, age and growth, genetic, and spawning studies. In 2003, a total of eleven permits, which authorized collection of 485 bluefin tuna for the purposes of archival tagging and research were issued. NMFS is also seeking public comment on its intention to issue Display Permits for the collection of restricted species of sharks for the purpose of public display. In the Final Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks (HMS FMP), NMFS established a public display and research quota of 60 metric tons wet weight for this purpose. NMFS has preliminarily determined that, based on average weight of sharks landed, approximately 3,000 sharks could be taken with this current quota. The actual number of sharks that would be taken depends on the species and size of the sharks. NMFS believes that harvesting this amount for public display will have a minimal impact on the stock. In 2004, nine Display Permits, which authorized the collection of 373 large coastal, 133 small coastal, 96 prohibited sharks for display purposes were issued. The total number reported as actually taken will not be known until early 2005. However, of the 433 large coastal, 144 small coastal, and 102 prohibited sharks authorized for collection in nine Display Permits issued during 2003, only one small coastal shark was reported taken from Federal waters. Generally, the authorized collections or exemptions would involve activities otherwise prohibited by regulations implementing the HMS FMP and Amendment 1 to the Atlantic Billfish Fishery Management Plan. The EFPs, if issued, may authorize recipients to fish for and possess tunas, billfishes, swordfish, and sharks outside the applicable Federal commercial seasons, size limits and/or retention limits, or to fish for and possess prohibited species. NMFS has undertaken a restructuring of the exempted fishing application and reporting procedures for Atlantic HMS. To that effect, on November 10, 2003, NMFS published a final rule (68 FR 63738), effective on December 10, 2003, that modified the existing regulations with the intent of improving monitoring of these fishing activities, particularly those conducted to collect sharks for public display and those undertaken for scientific research. Specifically, the final rule contains the following provisions:

(1)EFP holders must notify the local NMFS Office for Law Enforcement at least 24 hours prior to departure for all fishing trips conducted to collect HMS for the purpose of public display;

(2)all live HMS retained for the purpose of public display must be tagged while still on board the fishing vessel with either a conventional dart tag or a microchip Passive Integrated Transponder

(PIT)tag, both of which will be supplied by NMFS;

(3)if warranted, NMFS may specify conditions for conducting fishing activities to collect HMS for public display in order to minimize mortalities of either targeted or bycatch species;

(4)NMFS reserves the right to place an at-sea observer on board an authorized HMS collection vessel;

(5)EFP and SRP holders must report all HMS collection activities regardless of whether they occur inside or outside the EEZ;

(6)negative reports must be submitted for months when no HMS are collected;

(7)applicants for EFP and SRP renewals must include with the application the previous year's year-end report and any delinquent reports for permits issued in prior years to obtain the new permit; and

(8)prohibitions concerning the submission of false information and violations of the terms and conditions of EFPs and SRPs. Although unrelated to these provisions, the rule also addresses EFPs for the pelagic longline directed swordfish fishery, in that EFPs would no longer be required for vessels to delay offloading of swordfish when an approved vessel monitoring system

(VMS)is operating on board the vessel. In December 2003, NMFS published the Final Rule (68 FR 74747) implementing the Final Amendment 1 to the Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks. While the rule focuses primarily on shark management measures, the issuance of EFPs and SRPs is also addressed where a separate display permitting system for HMS is to be developed apart from EFPs and SRPs issued for other purposes. This is an administrative change only, and current quotas as well as application and reporting requirements remain as established under the existing system. Comments are also requested for the issuance of Chartering Permits to vessels fishing for HMS while operating under chartering arrangements within the EEZ of other nations. In November 2004, NMFS published the Final Rule requiring prior notification and approval from NMFS, via issuance of a Chartering Permit, before a vessel begins to fish under a chartering arrangement. These Chartering Permits would allow a U.S. fishing vessel to fish in a manner consistent with another country's regulations without violating U.S. regulations, and would ensure that such vessels report to the proper authorities, consistent with ICCAT recommendations. To date, NMFS has only received applications from and issued one of these Chartering Permits, which includes one pelagic longline vessel in a fleet of many thousands. Final decisions on the issuance of any EFPs/SRPs/Display/Chartering Permits will depend on the submission of all required information about the proposed activities, NMFS' review of public comments received on this notice, consistency with conclusions in the Final Environmental Impact Statement

(EIS)contained in the Final HMS FMP (64 FR 13575; March 19, 1999), Environmental Assessments

(EAs)or EISs, and any consultations with appropriate Regional Fishery Management Councils, states, or Federal agencies. NMFS does not anticipate any environmental impacts from the issuance of these EFPs other than impacts already assessed in the Final HMS FMP. All requests for EFPs/SRPs/Display/Chartering Permits of a type or nature not addressed in this **Federal Register** Notice will have a separate Notice filed and separate public comment period. Authority: 16 U.S.C. 971 *et seq.* and 16 U.S.C. 1801 *et seq.* Dated: November 5, 2004. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 04-25211 Filed 11-10-04; 8:45 am]

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