Notices. Notice of antidumping duty order
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BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-891] Notice of Antidumping Duty Order: 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 antidumping duty order. EFFECTIVE DATES: December 2, 2004. FOR FURTHER INFORMATION CONTACT: Daniel J. Alexy, Stephen Cho, or Audrey Twyman, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-1540,
(202)482-3798, or
(202)482-3534, respectively. SUPPLEMENTARY INFORMATION: Scope of Order The merchandise subject to this antidumping duty order 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. Antidumping Duty Order In accordance with section 735(d) of the Tariff Act of 1930, as amended (“the Act”), the Department published its final determination that hand trucks from the PRC are being sold in the United States at less than fair value. *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 (October 14, 2004). Subsequently, the Department amended its final determination of the antidumping duty investigation of hand trucks from the PRC to correct certain ministerial errors in the final margin calculation. *See* Notice of Amended Final Determination of Sales at Less Than Fair Value: Hand Trucks and Certain Parts Thereof from the People's Republic of China, 69 FR 65410 (November 12, 2004). On November 23, 2004, in accordance with section 735(d) of the Act, the U.S. International Trade Commission (“ITC”) notified the Department that a U.S. industry is “threatened with material injury,” within the meaning of section 735(b)(1)(A)(ii) of the Act, by reason of less-than-fair-value imports of hand trucks from the PRC. According to section 736(b)(2) of the Act, duties shall be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC's notice of final determination if that determination is based on the threat of material injury and is not accompanied by a finding that injury would have resulted without the imposition of suspension of liquidation of entries since the Department's preliminary determination. In addition, section 736(b)(2) of the Act requires U.S. Customs and Border Protection (“CBP”) to refund any cash deposits or bonds of estimated antidumping duties posted since the Department's preliminary antidumping determination if the ITC's final determination is threat-based. Because the ITC's final determination is based on the threat of material injury and is not accompanied by a finding that injury would have resulted but for the imposition of suspension of liquidation of entries since the Department's preliminary determination, section 736(b)(2) of the Act is applicable to this order. Therefore, the Department will direct CBP to assess, upon further advice, antidumping duties on all unliquidated entries of hand trucks from the PRC entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC's notice of final determination of threat of material injury in the **Federal Register** and to terminate the suspension of liquidation for entries of hand trucks from the PRC entered, or withdrawn from warehouse, for consumption prior to that date. The Department will also instruct CBP to refund any cash deposits made, or bonds posted, between the publication date of the Department's preliminary antidumping determination and the publication date of the ITC's final determination. On or after the date of publication of the ITC's notice of final determination in the **Federal Register** , CBP must require, at the same time as importers would normally deposit estimated duties, cash deposits for the subject merchandise equal to the weighted-average antidumping duty margins as noted below: Producers or exporters Weighted-average margin percentage Qingdao Huatian Hand Truck Co., Ltd 46.48 Qingdao Taifa Group Co., Ltd 26.49 True Potential Co 33.68 Qingdao Future Tool Inc 32.76 Shandong Machinery Import & Export Group Corp 32.76 PRC-wide Rate 383.60 This notice constitutes the antidumping duty order with respect to hand trucks from the PRC, pursuant to section 736(a) of the Act. Interested parties may contact the Central Records Unit, Room B-099 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: November 29, 2004. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E4-3449 Filed 12-1-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-507-502] Certain In-Shell Raw Pistachios From Iran: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATES: December 2, 2004. SUMMARY: The U.S. Department of Commerce (the Department) is extending the time limit, from December 7, 2004, until no later than February 7, 2005, for the final results of the administrative review of the antidumping duty order on certain in-shell raw pistachios (pistachios) from Iran. The period of review
(POR)is July 1, 2002, through June 30, 2003. This extension is made pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). FOR FURTHER INFORMATION CONTACT: Angelica Mendoza at
(202)482-3019; AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 2, 2003, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on pistachios from Iran, 68 FR 39511. On July 30, 2003, Tehran Negah Nima Trading Company, Inc. (Nima), an exporter of subject merchandise during the period of review, requested that the Department conduct an administrative review of its sales to the United States covered by the antidumping duty order. On August 22, 2003, the Department initiated an administrative review of the antidumping duty order on pistachios from Iran for the period July 1, 2002, through June 30, 2003, in order to determine whether merchandise imported into the United States was sold at less than fair value by Nima. *See* Initiation of Antidumping and Countervailing Duty Administrative Review and Requests for Revocations in Part, 68 FR 50750. On February 5, 2004, the Department extended fully its deadline for the preliminary results of this review. *See* Certain In-Shell Raw Pistachios from Iran; Extension of Time Limit for Preliminary Results of Administrative Review, 69 FR 5487. On August 9, 2004, the Department published the preliminary results of this review (69 FR 48197). Extension of Time Limit for Final Results Pursuant to section 751(a)(3)(A) of the Act, the Department may extend the deadline for completion of the final results of an administrative review if it determines that it is not practicable to complete the final results within the statutory time limit of 120 days from the date on which the preliminary results were published. The Department has determined that due to the complexity of the issues in this review, including
(1)whether the producer of the subject merchandise ( *i.e.,* Razi Domghan Agricultural and Animal Husbandry Company) had known or should have known that the pistachios it sold to Nima were destined for the United States, and
(2)the calculation of profit for purposes of constructed value, it is not practicable to complete this review within the time limits mandated by section 751(a)(3)(A) of the Act and section 19 CFR 351.213(h)(1) of the Department's regulations. Therefore, the Department is extending the time limit for the completion of these final results by 60 days. Accordingly, the final results of this review will now be due no later than February 7, 2005. 1 1 Because the final results are due February 5, 2005 (a non-business day), we will issue the final results no later than the next business day ( *i.e.,* February 7, 2005). This notice is published in accordance with section 751(a)(3)(A) of the Act and section 19 CFR 351.213(h)(2) of the Department's regulations. Dated: November 26, 2004. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E4-3448 Filed 12-1-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-501] Continuation of Antidumping Duty Order: Natural Bristle Paint Brushes and Brush Heads From the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”), pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (“the Act”), determined that revocation of the antidumping duty order on natural bristle paint brushes and brush heads (“paint brushes”) from the People's Republic of China (“PRC”) would be likely to lead to continuation or recurrence of dumping. 1 1 *See Natural Bristle Paint Brushes and Brush Heads from the People's Republic of China; Final Results of the Expedited Sunset Review of the Antidumping Duty Order,* 69 FR 61795 (October 21, 2004) ( *“Department's Final Results”* ). On November 19, 2004, the International Trade Commission (“ITC”), pursuant to section 751(c) of the Act, determined that revocation of the antidumping duty order on paint brushes from the PRC would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 2 Therefore, pursuant to 19 CFR 351.218(f)(4), the Department is publishing notice of the continuation of the antidumping duty order on paint brushes from the PRC. 2 *See Natural Bristle Paint Brushes from China,* Investigation No. 731-TA-244 (Second Review), 69 FR 67759 (November 19, 2004) ( *“ITC Determination”* ). EFFECTIVE DATES: December 2, 2004. FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone:
(202)482-4340. SUPPLEMENTARY INFORMATION Background On May 3, 2004, the Department initiated and the ITC instituted a sunset review of the antidumping duty order on paint brushes from the PRC pursuant to section 751(c) of the Act. 3 As a result of its review, the Department found that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail were the order to be revoked. *See Department's Final Results.* 3 *See Initiation of Five-Year (“Sunset”) Reviews,* 69 FR 24118 (May 3, 2004). On November 19, 2004, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on paint brushes from the PRC would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. *See ITC Determination.* Scope of the Order The products covered by the order are natural bristle paintbrushes and brush heads from the PRC. Excluded from the order are paintbrushes and brush heads with a blend of 40 percent natural bristles and 60 percent synthetic filaments. The merchandise under review is currently classifiable under item 9603.40.40.40 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS subheading is provided for convenience and customs purposes, the Department's written description of the merchandise is dispositive. Determination As a result of the determinations by the Department and the ITC that revocation of this antidumping duty order would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on paint brushes from the PRC. The Department will instruct U.S. Customs and Border Protection to continue to collect antidumping duty deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of this order will be the date of publication in the **Federal Register** of this Notice of Continuation. Pursuant to section 751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate the next five-year review of this order not later than November 2009. Dated: November 26, 2004. Barbara E. Tillman, Acting Assistant Secretary for Import Administration. [FR Doc. E4-3446 Filed 12-1-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-475-824] Stainless Steel Sheet and Strip in Coils From Italy: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 2, 2004. SUMMARY: The U.S. Department of Commerce (the Department) is extending the time limit, from December 7, 2004, until no later than February 7, 2005, for the final results of the administrative review of the antidumping duty order on stainless steel sheet and strip
(SSSS)in coils from Italy. The period of review
(POR)is July 1, 2002, through June 30, 2003. This extension is made pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). FOR FURTHER INFORMATION CONTACT: Angelica Mendoza at
(202)482-3019; AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 2, 2003, the Department published in the **Federal Register** a notice of opportunity to request an administrative review of the antidumping duty order on SSSS from Italy. *See* Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 68 FR 39511. On July 31, 2003, ThyssenKrupp Acciai Speciali Terni S.p.A. (TKAST) and petitioners requested that the Department conduct an administrative review of the antidumping duty order. On August 22, 2003, the Department initiated an administrative review of the antidumping duty order on SSSS from Italy with regard to TKAST. *See* Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 68 FR 50750. On February 9, 2004, the Department extended by 60 days the deadline for issuing the preliminary results of this review. *See* Extension of Time Limit of the Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Sheet and Strip in Coils from Italy, 69 FR 9590 (March 1, 2004). On August 9, 2004, the Department published the preliminary results of this review (69 FR 48205). Extension of Time Limit for Final Results Pursuant to section 751(a)(3)(A) of the Act, the Department may extend the deadline for completion of the final results of an administrative review if it determines that it is not practicable to complete the final results within the statutory time limit of 120 days from the date on which the preliminary results were published. The Department has determined that due to the complexity of the issues raised in this review, including how to treat premiums paid by respondent's ( *i.e.,* ThyssenKrupp Acciai Speciali Terni S.p.A.'s) parent company to buyback company stock held by an Iranian company, it is not practicable to complete this review within the time limits mandated by section 751(a)(3)(A) of the Act and section 19 CFR 351.213(h)(1) of the Department's regulations. Therefore, the Department is extending the time limit for the completion of these final results by 60 days. Accordingly, the final results of this review will now be due no later than February 7, 2005. 1 1 Because the final results are due February 5, 2005 (a non-business day), we will issue the final results no later than the next business day ( *i.e.,* February 7, 2005). This notice is published in accordance with section 751(a)(3)(A) of the Act and section 19 CFR 351.213(h)(2) of the Department's regulations. Dated: November 26, 2004. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E4-3447 Filed 12-1-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration The President's Export Council: Meeting of the President's Export Council AGENCY: International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting via teleconference. SUMMARY: The President's Export Council will hold a meeting via teleconference to discuss a draft recommendation to the President regarding export control legislation. DATES: December 2, 2004. *Time:* 1 p.m. e.s.t. For the Conference Call-In Number and Further Information Contact: The President's Export Council Executive Secretariat, Room 4043, Washington, DC 20230 (phone: 202-482-1124), or visit the PEC Web site, *http://www.ita.doc.gov/td/pec.* Dated: November 29, 2004. J. Marc Chittum, Staff Director and Executive Secretary, President's Export Council. [FR Doc. E4-3445 Filed 12-1-04; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 111904D] Endangered Species; File No. 1507 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Receipt of application. SUMMARY: Notice is hereby given that Llewellyn Ehrhart, University of Central Florida, 4000 Central Florida Blvd., Orlando, Florida 32816-2368, has applied in due form for a permit to take green ( *Chelonia mydas* ), loggerhead ( *Caretta caretta* ), hawksbill ( *Eretmochelys imbricata* ), Kemp's ridley ( *Lepidochelys kempii* ), and leatherback ( *Dermochelys coriacea* ) sea turtles for purposes of scientific research. DATES: Written, telefaxed, or email comments must be received on or before January 3, 2005. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)713-0376; and Southeast Region, NMFS, 9721 Executive Center Drive North, St. Petersburg, FL 33702-2432; phone (727)570-5301; fax (727)570-5320. Written comments or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at (301)713-0376, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by email. The mailbox address for providing email comments is *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of the email comment the following document identifier: File No. 1507. FOR FURTHER INFORMATION CONTACT: Patrick Opay or Carrie Hubard, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226). The applicant proposes to conduct five sea turtle studies under the same permit. The first would involve in-water research of marine turtle populations in the central region of the Indian River Lagoon of Florida. The research would continue a study designed to determine the long-term trends in abundance, distribution and population structure of sea turtles in this region. The applicant proposes to capture by tangle net, flipper and passive integrated transponder
(PIT)tag, measure, weigh, blood sample, photograph and release 600 green, 135 loggerhead, 3 Kemp's ridley and 2 hawksbill turtles. Green sea turtles would also be lavaged. The second project proposes to continue studies of long-term trends in the abundance, distribution and population structure of sea turtle populations residing on the sabellariid worm reef in Indian River County, Florida. The applicant would capture by tangle net, flipper and PIT tag, measure, weigh, blood sample, photograph and release 200 green, 20 loggerhead, 2 Kemp's ridley and 2 hawksbill sea turtles. Green sea turtles would also be lavaged. The third project proposes to use satellite telemetry to study the movements of juvenile green sea turtles in inshore waters of eastern Florida. Forty green sea turtles would be captured by tangle net, flipper and PIT tagged, measured, weighed, blood sampled, photographed, fitted with a satellite transmitter and released. The fourth project proposes to elucidate patterns and trends in the abundance, distribution, and population structure of sea turtles at the Trident Turning Basin, Cape Canaveral, Florida. The applicant would capture by tangle net, flipper and PIT tag, measure, weigh, blood sample, photograph, and release 200 green and 10 loggerhead sea turtles. Green sea turtles would also be marked with non-toxic paint. The fifth project proposes to study green and loggerhead sea turtle habitat utilization in the central region of the Indian River Lagoon System in Florida. Eighteen green and 18 loggerhead sea turtles would be captured by tangle net, flipper and PIT tagged, measured, weighed, photographed, fitted with VHF transmitters and time-depth-temperature recorders, released, and tracked. The applicant requests a five-year permit. Each of the above projects would provide information that would be used to help recover and conserve threatened and endangered sea turtles. Dated: November 24, 2004. Stephen L. Leathery, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 04-26576 Filed 12-1-04; 8:45 am]
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