Notices. Notice of allocation of 2005 worsted wool fabric tariff rate quota
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BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration (A-475-818) Certain Pasta from Italy: Extension of Time Limits for the Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is extending the due date for the preliminary results of review of the antidumping duty order on certain pasta from Italy from April 4, 2005, to July 18, 2005. EFFECTIVE DATE: December 14, 2004. FOR FURTHER INFORMATION CONTACT: Dennis McClure at
(202)482-5973, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary results of a review within 245 days after the last day of the anniversary month of an order/finding for which a review is requested and the final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within that time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days and for the final results to 180 days (or 300 days if the Department does not extend the time limit for the preliminary results) from the date of the publication of the preliminary results. Background On August 30, 2004, the Department published a notice of initiation of the administrative review of the antidumping duty order on certain pasta from Italy, covering the period July 1, 2003, to June 30, 2004 (69 FR 52857). The preliminary results are currently due no later than April 4, 2005. Extension of Preliminary Results of Review There are six Italian respondents in this review, two of whom have requested revocation. The Department needs additional time to consider issues related to whether revocation is appropriate for the companies requesting it and to conduct verifications, if needed. Specifically, certain of the companies have multiple factories and sales offices and have presented issues of affiliation which will require additional time to analyze. We, therefore, determine that it is not practicable to complete the preliminary results of this review within the original time limit and are extending the time limit for completion of the preliminary results until no later than July 18, 2005. We intend to issue the final results no later than 120 days after the publication of the notice of preliminary results of this review. This extension is in accordance with section 751(a)(3)(A) of the Act. Dated: December 7, 2004. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E4-3639 Filed 12-13-04; 8:45 am] BILLING CODE 3510ndash;DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-475-818] Certain Pasta from Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests by Pastificio Carmine Russo S.p.A. and its affiliate, Pastificio DiNola S.p.A. (collectively, Russo/DiNola), and others, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain pasta (pasta) from Italy for the period July 1, 2003, through June 30, 2004. We initiated the review on a total of seven companies including Russo/DiNola. Based on a timely withdrawal of its request for review, we are rescinding the administrative review of Russo/DiNola. The administrative review of the antidumping duty order continues with respect to Barilla, G.e.R. (Barilla), Corticella Molini E Pastifici S.p.A. and its affiliate Pasta Combattenti S.p.A. (collectively, Corticella/Combattenti), Industria Alimentare Colvaita S.p.A. and its affiliate Fusco S.r.L. (collectively, Indalco), Pastificio Fratelli Pagani S.p.A. (Pagani), Pastificio Antonio Pallante S.r.L. and its affiliate Industrie Alimentari Molisane S.r.L. (collectively, Pallante/IAM) and Pastificio Riscossa F.lli Mastromauro S.r.L. (Riscossa). EFFECTIVE DATE: December 14, 2004. FOR FURTHER INFORMATION CONTACT: James Terpstra or Dennis McClure, AD/CVD Operations, Office 3, 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 order are shipments of certain non-egg dry pasta in packages of five pounds four ounces or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastasis, 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. Also excluded are imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by the Instituto Mediterraneo Di Certificazione, by Bioagricert International (formerly Bioagricoop Scrl), by QC&I International Services, by Ecocert Italia, by Consorzio per il Controllo dei Prodotti Biologici, or by Associazione Italiana per l'Agricoltura Biologica. 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 Italy. *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 requests made by Russo/DiNola, Pagani, Pallante/IAM, Corticella/Combattenti, Indalco, Barilla, and the petitioners (New World Pasta Company, American Italian Pasta Company, and Dakota Growers Pasta Company), the Department initiated an administrative review of the antidumping duty order on certain pasta from Italy. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 69 FR 52857 (August 30, 2004). On October 19, 2004, Russo/DiNola timely withdrew its request for an administrative review. 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, Russo/DiNola withdrew its request for an administrative review within 90 days from the date of initiation. No other interested party requested a review of this company. Because Russo/DiNola filed a timely request for withdrawal of this administrative review by the deadline and it was the only request for review made for Russo/DiNola, we are rescinding the antidumping duty administrative review of Russo/DiNola. As a result of this rescission, the administrative review of the antidumping duty order on certain pasta from Italy covering the period July 1, 2003, through June 30, 2004, now covers the following companies: Barilla, Corticella/Combattenti, Indalco, Pagani, Pallante/IAM, and Riscossa. 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. In accordance with 19 CFR 351.212(c)(1)(i), the Department will direct CBP to assess antidumping duties for each company for which this review is rescinded at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, 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: December 7, 2004. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E4-3640 Filed 12-13-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-533-824) Certain Polyethylene Terephthalate Film, Sheet and Strip from India: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 14, 2004. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Drew Jackson, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202)482-2769 or
(202)482-4406, respectively. SUPPLEMENTARY INFORMATION: Background On August 22, 2003, the Department of Commerce (the Department) published in the **Federal Register** a notice of initiation of an administrative review of the antidumping duty order on certain polyethylene terephthalate film, sheet and strip from India, covering the period December 21, 2001 through June 30, 2003. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 68 FR 50750. On August 12, 2004, the Department published in the **Federal Register** the preliminary results of review. *See Certain Polyethylene Terephthalate Film, Sheet and Strip From India: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review* , 69 FR 49872 (August 12, 2004). The final results of review are currently due no later than December 10, 2004. Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to make a preliminary determination in an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary determination is published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days (or 300 days if the Department does not extend the time limit for the preliminary determination), respectively. Extension of Time Limit for Final Results of Review We have determined that it is not practicable to complete the final results of this review within the original time limit because needs additional time to consider a complex issue relating to the U.S. price adjustment for countervailing duties imposed to offset export subsidies. Therefore, the Department is extending the time limit for completion of the final results by 60 days. We intend to issue the final results of review no later than February 8, 2005. This extension is in accordance with section 751(a)(3)(A) of the Act. Dated: December 7, 2004. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E4-3638 Filed 12-13-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-423-808 Stainless Steel Plate in Coils from Belgium: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On June 10, 2004, the Department of Commerce (the Department) published the preliminary results of its administrative review of the antidumping duty order on certain stainless steel plate in coils from Belgium. *See Stainless Steel Plate in Coils from Belgium: Preliminary Results of Antidumping Duty Administrative Review* , 69 FR 32501 (June 10, 2004) ( *Preliminary Results* ). The review covers shipments of this merchandise to the United States during the period from May 1, 2002, through April 30, 2003, by Ugine & ALZ, N.V. Belgium (U&A Belgium). We gave interested parties an opportunity to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to the preliminary results. For the final dumping margins see the “Final Results of Review” section below. EFFECTIVE DATE: December 14, 2004. FOR FURTHER INFORMATION CONTACT: Elfi Blum or Toni Page at
(202)482-0197 or
(202)482-1398, respectively; AD/CVD, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On June 10, 2004, the Department published the preliminary results of its administrative review of the antidumping duty order on certain stainless steel plate in coils from Belgium. *See Preliminary Results* . In the *Preliminary Results* , we determined that U.S. sales had been made below normal value (NV). We gave interested parties an opportunity to comment on our preliminary results. On October 27, 2004, we received case briefs from Allegheny Ludlum, AK Steel Corporation, Butler Armco Independent Union, United Steelworkers of America, AFL-CIO/CLC, and Zanesville Armco Independent Organization (Petitioners) and U&A Belgium (Respondent). On November 3, 2004, both parties filed rebuttal briefs. Neither party requested a hearing. The Department has now completed this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Antidumping Duty Order Effective March 11, 2003, in accordance with *Allegheny Ludlum Corp. v. United States* , 287 F.3d 1365 (Fed. Cir. 2002) remanded to CIT No. 99-06-00361, slip op. 2002-147 (CIT Dec. 12, 2002), and *Notice of Amended Antidumping Duty Orders: Certain Stainless Steel Plate in Coils from Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan* , 68 FR 11520 (March 11, 2003), the scope of this order was amended. Therefore, for purposes of this review, two separate scopes were in effect. These scopes are set forth below. Respondent has appropriately reported only those U.S. sales during the relevant period covered by each scope. *Scope of Order from May 1, 2002, through March 10, 2003* The product covered by this order is certain stainless steel plate 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 plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed (e.g., cold-rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of this order are the following:
(1)plate not in coils,
(2)plate that is not annealed or otherwise heat treated and pickled or otherwise descaled,
(3)sheet and strip, and
(4)flat bars. In addition, certain cold-rolled stainless steel plate in coils is also excluded from the scope of this order. The excluded cold-rolled stainless steel plate in coils is defined as that merchandise which meets the physical characteristics described above that has undergone a cold-reduction process that reduced the thickness of the steel by 25 percent or more, and has been annealed and pickled after this cold reduction process. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7219110030, 7219110060, 7219120005, 7219120020, 7219120025, 7219120050, 7219120055, 7219120065, 7219120070, 7219120080, 7219310010, 7219900010, 7219900020, 7219900025, 7219900060, 7219900080, 7220110000, 7220201010, 7220201015, 7220201060, 7220201080, 7220206005, 7220206010, 7220206015, 7220206060, 7220206080, 7220900010, 7220900015, 7220900060, and 7220900080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. *Scope of Order On or After March 11, 2003* The product covered by this order is certain stainless steel plate 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 plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed (e.g., cold-rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of this order are the following:
(1)plate not in coils,
(2)plate that is not annealed or otherwise heat treated and pickled or otherwise descaled,
(3)sheet and strip, and
(4)flat bars. The merchandise subject to this order is currently classifiable in the HTSUS at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to these orders is dispositive. Verification As provided in section 782(i) of the Act, we verified the information submitted by U&A Belgium for use in our final results. We used standard verification procedures, including on-site examination of relevant accounting and production records and original source documents provided by U&A Belgium. Additionally, we verified the information provided by U&A Belgium's U.S. subsidiaries, TrefilARBED and Arcelor Stainless U.S.A. Our verification results are outlined in the *Memorandum to The File Through Maureen Flannery from Scot Fullerton and Elfi Blum: Sales and Cost Verification of Ugine & ALZ Belgium, N.V. in the Antidumping Administrative Review of Stainless Steel Plate in Coils
(SSPC)from Belgium* (October 6, 2004) ( *U&A Belgium Verification Report* ) and *Memorandum to The File Through Maureen Flannery from Scot Fullerton and Elfi Blum: U.S. Sales Verification of TrefilARBED (Trefil) and Arcelor Stainless U.S.A. in the Antidumping Administrative Review of Stainless Steel Plate in Coils
(SSPC)from Belgium* (October 6, 2004) ( *U.S. Verification Report* ). Affiliation of Parties In the *Preliminary Results* , we found that Arbed S.A., parent company of ALZ, N.V., is affiliated with Usinor, Arcelor, and Aceralia and their subsidiaries. No parties commented on our findings. Therefore, for these final results, we continue to determine that Arbed S.A. is affiliated with Usinor, Arcelor, and Aceralia and their subsidiaries. For a complete discussion of the basis for this decision, *see* the *Preliminary Results* , 69 FR 32501, 32502-32503. Successorship. In the *Preliminary Results* , we found that U&A Belgium is the successor to ALZ, N.V. No parties commented on our findings. Therefore, for these final results we continue to determine that U&A Belgium is the successor to ALZ, N.V. for purposes of determining antidumping duty liability. For a complete discussion of the basis for this decision, *see* the *Preliminary Results* , 69 FR 32501, 32503. Therefore, U&A Belgium shall be assigned the antidumping duty deposit rate in these Final Results. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the *Issues and Decision Memorandum from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration to James J. Jochum, Assistant Secretary for Import Administration: Issues and Decision Memorandum for the Final Results of the Fourth Administrative Review* , dated December 7, 2004 ( *Decision Memo* ), which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded, all of which are included in the *Decision Memo* , is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this memorandum, which is on file in the Central Records Unit, 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. The paper copy and electronic version of the *Decision Memo* are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received and our findings at the on-site verification, we have made certain changes in the margin calculations for U&A Belgium. We have also addressed the alleged ministerial errors submitted in the briefs. For further detail, see the *Decision Memo and the Memorandum to The File from Toni Page and Elfi Blum to Maria MacKay: Analysis for Ugine & ALZ, N.V. Belgium (U&A Belgium) for the Final Results of the Fourth Administrative Review of Stainless Steel Plate in Coils
(SSPC)from Belgium* (December 7, 2004). Final Results of Review As a result of our review, we determine the antidumping margin for Ugine & ALZ Belgium (U&A Belgium) to be as follows: Manufacturer/Exporter Time Period Margin U&A Belgium 05/01/2002 - 04/30/2003 4.07 percent Duty Assessment The Department shall determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b), the Department calculates an assessment rate for each importer of the subject merchandise for each respondent. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of review. Cash Deposit Requirements The following antidumping duty deposit rates will be required on all shipments of SSPC from Belgium entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided for by section 751(a)(1) of the Act:
(1)for U&A Belgium, the cash deposit rate will be the rate established in the final results of this review;
(2)for previously reviewed or investigated companies other than U&A Belgium, the cash deposit rate will be the company-specific rate established for the most recent period;
(3)if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value
(LTFV)investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and
(4)if neither the exporter nor the manufacturer is a firm covered by this review, a prior review, or the LTFV investigation, the cash deposit rate shall be the all others rate established in the LTFV investigation, which is 9.86 percent *ad valorem* . *See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Plate in Coils from Belgium* , 64 FR 15476 (March 31, 1999). These deposit rates, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties, pursuant to 19 CFR 351.402(f)(3). Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 7, 2004. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX List of Issues 1. Changes in Methodology for Sale without Pay Date 2. U.S. Indirect Selling Expenses/General and Administrative (G&A) Expenses 3. Home-Market Commissions (COMM1H) and Indirect Selling Expenses (INDIRSH) 4. Products Hot-Rolled in Germany 5. Scope Language 6. The Reporting of Home-Market and U.S. Sales of Cold-Rolled SSPC 7. Start-Up Costs Incurred by U&A Belgium 8. Offsetting Margins with Above-Normal Value Transactions 9. Ministerial Errors: Constructed Export Price Revenue Calculation and Merging Dates of Payment [FR Doc. E4-3641 Filed 12-13-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-449-804) Notice of Final Results of Antidumping Duty Administrative Review: Steel Concrete Reinforcing Bars from Latvia AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 10, 2004, the Department of Commerce (the Department) published the preliminary results of its second administrative review of the antidumping duty order on steel concrete reinforcing bars (rebar) from Latvia. The review covers one producer of the subject merchandise. The period of review
(POR)is September 1, 2002, through August 31, 2003. Based on our analysis of comments received, these final results differ from the preliminary results. The final results are listed below in the Final Results of Review section. EFFECTIVE DATE: December 14, 2004. FOR FURTHER INFORMATION CONTACT: Daniel O'Brien at
(202)482-1376 or Shane Subler at
(202)482-0189; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On June 10, 2004, the Department published in the **Federal Register** the preliminary results of the second administrative review of the antidumping duty order on rebar from Latvia. *See Notice of Preliminary Results of Antidumping Duty Administrative Review: Steel Concrete Reinforcing Bars from Latvia* , 69 FR 32508 (June 10, 2004) (Preliminary Results). We invited parties to comment on the *Preliminary Results* . On July 13, 2004, we received a case brief from the Rebar Trade Action Coalition
(RTAC)and its individual members, the petitioners in the proceeding. On July 19, 2004, we received a rebuttal brief from the sole respondent, Joint Stock Company Liepajas Metalurgs (LM). 1 In addition, on August 26, 2004, we released a supplemental questionnaire to LM. We provided an opportunity for interested parties to submit comments on any new factual information that LM submitted in response to the questionnaire. LM submitted its supplemental questionnaire response on September 2, 2004. The petitioners submitted comments on September 14, September 21, and September 24, 2004. 2 The respondents submitted comments on September 17, 2004. We did not hold a public hearing, as none was requested. 1 On August 2, 2004, we rejected both the petitioners' case brief and the respondent's rebuttal brief because both included unsolicited new factual information submitted past the Department's regulatory deadline. The respondent submitted its revised rebuttal brief on August 4, 2004; the petitioners submitted their revised case brief on August 9, 2004. 2 On September 24, 2004, acting in accordance with the Department's regulations, we rejected the petitioners' three sets of comments because they contained information that went beyond a rebuttal, clarification, or correction of the information in LM's supplemental response. We also instructed LM to eliminate any references to this information in its September 17, 2004, comments. The petitioners submitted revised versions of their three sets of comments on September 28, 2004; the respondents submitted a revised set of comments on September 29, 2004. Scope of the Order For purposes of this order, the product covered is all steel concrete reinforcing bars sold in straight lengths, currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 7214.20.00 or any other tariff item number. Specifically excluded are plain rounds ( *i.e.* , non-deformed or smooth bars) and rebar that has been further processed through bending or coating. The HTSUS subheading is provided for convenience and customs purposes. The written description of the scope of this proceeding is dispositive. Analysis of Comments Received The issues raised in the case briefs by parties to this administrative review are addressed in the *Issues and Decision Memorandum* to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, from Barbara Tillman, Acting Deputy Assistant Secretary ( *Decision Memorandum* ), which is hereby adopted by this notice. A list of the issues addressed in the *Decision Memorandum* is appended to this notice. The Decision Memorandum is on file in Room B-099 of the main Commerce building, and can also be accessed directly on the Web at www.ia.ita.doc.gov/frn. The paper copy and electronic version of the *Decision Memorandum* are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have corrected three calculation errors. These adjustments are discussed in detail in the *Decision Memorandum* . Final Results of Review As a result of our review, we determine that the following weighted-average margin exists for the period of September 1, 2002, through August 31, 2003: Producer Weighted-Average Margin (Percentage) Joint Stock Company Liepajas Metalurgs 3.01 Assessment The Department will determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The Department calculated importer-specific duty assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above *de minimis* , we will instruct CBP to assess duties on all entries of subject merchandise by that importer. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. Cash Deposits Furthermore, the following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of rebar from Latvia entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Tariff Act of 1930, as amended (the Act):
(1)for LM, the cash deposit rate will be 3.01 percent;
(2)for merchandise exported by producers or exporters not covered in this review but covered in a previous segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the most recent final results in which that producer or exporter participated;
(3)if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the producer is, the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the most recent final results in which that producer participated; and
(4)if neither the exporter nor the producer is a firm covered in this review or in any previous segment of this proceeding, the cash deposit rate will be 17.21 percent, the “All Others” rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until publication of the final results of the next administrative review. This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402
(f)to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred, and in the subsequent assessment of double antidumping duties. This notice also is the only reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 7, 2004. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX *Comment 1:* LM's Reported Scrap Prices *Comment 2:* The Department's Treatment of LM's Merchandise Reported as “Off-spec” *Comment 3:* Calculation Errors [FR Doc. E4-3643 Filed 12-13-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration The J. David Gladstone Institutes; Notice of Decision on Application for Duty-Free Entry of Electron Microscope This decision is made 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). Related records can be viewed between 8:30 a.m. and 5 p.m. in Suite 4100W, Franklin Court Building, U.S. Department of Commerce, 1099 14th Street, NW., Washington, DC. *Docket Number:* 04-021. *Applicant:* The J. David Gladstone Institutes, San Francisco, CA. *Instrument:* Electron Microscope, Model JEM-1230. *Manufacturer:* JEOL Ltd., Japan. *Intended Use:* See notice at 69 FR 67320, November 17, 2004. *Order Date:* February 27, 2004. *Comments:* None received. *Decision:* Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as the instrument is intended to be used, was being manufactured in the United States at the time the instrument was ordered. *Reasons:* The foreign instrument is a conventional transmission electron microscope
(CTEM)and is intended for research or scientific educational uses requiring a CTEM. We know of no CTEM, or any other instrument suited to these purposes, which was being manufactured in the United States either at the time of order of the instrument OR at the time of receipt of the application by U.S. Customs and Border Protection. Gerald A. Zerdy, Program Manager, Statutory Import Programs Staff. [FR Doc. E4-3645 Filed 12-13-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration University of California, Los Alamos National Laboratory et al.; Notice of Consolidated Decision on Applications for Duty-Free Entry of Scientific Instruments This is a decision consolidated 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). Related records can be viewed between 8:30 a.m. and 5 p.m. in Suite 4100W, Franklin Court Building, U.S. Department of Commerce, 1099 14th Street, NW., Washington, DC. *Comments:* None received. *Decision:* Approved. No instrument of equivalent scientific value to the foreign instruments described below, for such purposes as each is intended to be used, is being manufactured in the United States. *Docket Number:* 04-018. *Applicant:* University of California, Los Alamos National Laboratory, Los Alamos, NM. *Instrument:* Hydraulic Press for Nuclear Fuel. *Manufacturer:* Osterwalder AG, Switzerland. *Intended Use:* See notice at 69 FR 67320, November 17, 2004. *Reasons:* The foreign instrument provides both:
(1)A 20-30 ton CNC-controlled hydraulic press which meets the specifications of ram control to ±0.01 mm and load control to ±1% and
(2)extensive experience (25 years) in supplying hydraulic presses for the nuclear fuels industry, meeting it's very stringent quality standards. Advice received from: a university nuclear engineering laboratory, December 6, 2004. *Docket Number:* 04-020. *Applicant:* Johns Hopkins University, Baltimore, MD. *Instrument:* Dual-Beam Focused Ion Beam System, Model Number NOVA 600 NanoLab (FP 2067/31). *Manufacturer:* FEI Company, The Netherlands. *Intended Use:* See notice at 69 FR 67320, November 17, 2004. *Reasons:* The foreign instrument provides the ability to cut lines with the narrowest width, circles with the smallest radius, the accuracy for programmed milling to create arrays of small entities, and to create a single device of the smallest dimensions for research on spintronic devices, cantilevers, stencil mask fabrication and TEM sample preparation. Advice received from: Sandia National Laboratories, February 18, 2004 (comparable case) and from a domestic manufacturer of similar equipment. We know of no other instrument or apparatus being manufactured in the United States which is of equivalent scientific value to any of the foreign instruments. Gerald A. Zerdy, Program Manager, Statutory Import Programs Staff. [FR Doc. E4-3644 Filed 12-13-04; 8:45 am] BILLING CODE 3510-DS-P 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:* 04-022. *Applicant:* Virginia Commonwealth University, Department of Anatomy and Neurobiology, 1101 E. Marshall Street, Room 12-050, Box 980709, Richmond, VA 23298. *Instrument:* Transmission Electron Microscope, Model JEM-1230. *Manufacturer:* JEOL, Ltd., Japan. *Intended Use:* The instrument will be used to examine, analyze and reconstruct images of brain tissue derived from experimental animals subject to traumatic brain injury, various forms of epileptic seizure and various neurodegenerative disorders. Experiments with various antibodies will be used to determine various forms of neuronal cell injury and repair with computer-assisted reconstruction used to analyze related organelle and cytoskeletal change within neuronal somata and their dendritic and axonal processes. *Application accepted by Commissioner of Customs:* November 18, 2004. Gerald A. Zerdy, Program Manager, Statutory Import Programs Staff. [FR Doc. E4-3646 Filed 12-13-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Notice of Allocation of Tariff Rate Quotas on the Import of Certain Worsted Wool Fabrics for Calendar Year 2005 December 8, 2004. AGENCY: Department of Commerce, International Trade Administration. ACTION: Notice of allocation of 2005 worsted wool fabric tariff rate quota. SUMMARY: The Department of Commerce (Department) has determined the allocation for Calendar Year 2005 of imports of certain worsted wool fabrics under tariff rate quotas established by Title V of the Trade and Development Act of 2000 as amended by the Trade Act of 2002. The companies that are being provided an allocation are listed below. FOR FURTHER INFORMATION CONTACT: Sergio Botero, Office of Textiles and Apparel, U.S. Department of Commerce,
(202)482-4058. SUPPLEMENTARY INFORMATION: BACKGROUND: Title V of the Trade and Development Act of 2000 (The Act) as amended by the Trade Act of 2002 creates two tariff rate quotas, providing for temporary reductions in the import duties on two categories of worsted wool fabrics suitable for use in making suits, suit-type jackets, or trousers. For worsted wool fabric with average fiber diameters greater than 18.5 microns (Harmonized Tariff Schedule of the United States (HTSUS) heading 9902.51.11), the reduction in duty is limited to 4,500,000 square meters per year. For worsted wool fabric with average fiber diameters of 18.5 microns or less (HTSUS heading 9902.51.12), the reduction is limited to 3,500,000 square meters per year. The Act requires the President to ensure that such fabrics are fairly allocated to persons (including firms, corporations, or other legal entities) who cut and sew men's and boys' worsted wool suits and suit-like jackets and trousers in the United States and who apply for an allocation based on the amount of such suits cut and sewn during the prior calendar year. Presidential Proclamation 7383, of December 1, 2000, authorized the Secretary of Commerce to allocate the quantity of worsted wool fabric imports under the tariff rate quotas. On January 22, 2001 the Department published regulations establishing procedures for applying for, and determining, such allocations (66 FR 6459, 15 CFR 335). On August 28, 2004, the Department published a notice in the **Federal Register** (68 FR 51767) soliciting applications for an allocation of the 2004 tariff rate quotas with a closing date of September 29, 2003. The Department received timely applications for the HTS 9902.51.11 tariff rate quota from 11 firms. The Department received timely applications for the HTS 9902.51.12 tariff rate quota from 14 firms. All applicants were determined eligible for an allocation. Most applicants submitted data on a business confidential basis. As allocations to firms were determined on the basis of this data, the Department considers individual firm allocations to be business confidential. FIRMS THAT RECEIVED ALLOCATIONS: HTS 9902.51.11, fabrics, of worsted wool, with average fiber diameter greater than 18.5 micron, certified by the importer as suitable for use in making suits, suit-type jackets, or trousers (provided for in subheading 5112.11.60 and 5112.19.95). Amount allocated: 4,500,000 square meters. Companies Receiving Allocation: Hartmarx Corporation--Chicago, Ill Hartz & Company, Inc.--Frederick, MD Hugo Boss Cleveland, Inc-Brooklyn, OH JA Apparel Corp.--New York, NY John H. Daniel Co.--Knoxville, TN Majer Brands Company, Inc.-Hanover, PA Saint Laurie Ltd--New York, NY Sewell Clothing Company, Inc.--Bremen, GA Southwick Clothing L.L.C.--Lawrence, MA Toluca Garment Company-Toluca, IL The Tom James Co.--Franklin, TN HTS 9902.51.12, fabrics, of worsted wool, with average fiber diameter of 18.5 micron or less, certified by the importer as suitable for use in making suits, suit-type jackets, or trousers (provided for in subheading 5112.11.30 and 5112.19.60). Amount allocated: 3,500,000 square meters. Companies Receiving Allocation: Elevee Custom Clothing-Van Nuys, CA Retail Brand Alliance, Inc. d/b/a Brooks Brothers--New York, NY Hartmarx Corporation--Chicago, IL Hartz & Company, Inc.--Frederick, MD Hugo Boss Cleveland, Inc.-Brooklyn, OH JA Apparel Corp.--New York, NY John H. Daniel Co.--Knoxville, TN Majer Brands Company, Inc.-Hanover, PA Martin Greenfield--Brooklyn, NY Saint Laurie Ltd--New York, NY Sewell Clothing Company, Inc.--Bremen, GA Southwick Clothing L.L.C.--Lawrence, MA Toluca Garment Compan-Toluca, IL The Tom James Co.--Franklin, TN Dated: December 8, 2004. James C. Leonard III, Deputy Assistant Secretary for Textiles and Apparel. [FR Doc. E4-3642 Filed 12-13-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Patent and Trademark Office Privacy Act of 1974; System of Records AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice of proposed new Privacy Act system of records. SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) gives notice of a proposed new system of records entitled “COMMERCE/PAT-TM-17 USPTO Security Access Control and Certificate Systems.” We invite the public to comment on the system announced in this publication. DATES: Written comments must be received no later than January 13, 2005. The proposed system of records will be effective on January 13, 2005, unless the USPTO receives comments that would result in a contrary determination. ADDRESSES: You may submit written comments by any of the following methods: • E-mail: *Chris.Rutherford@uspto.gov.* • Fax:
(571)273-5357, marked to the attention of Chris Rutherford. • Mail: Chris Rutherford, IT Security Program Office, United States Patent and Trademark Office, Madison Building West-Room 5A19, 600 Dulany Street, Alexandria, VA 22314. All comments received will be available for public inspection at the Public Search Facilities, Madison East-1st Floor, 600 Dulany Street, Alexandria, VA 22314. FOR FURTHER INFORMATION CONTACT: Director, IT Security Program Office, United States Patent and Trademark Office, Madison Building West-Room 5A05, 600 Dulany Street, Alexandria, VA 22314,
(571)272-5356. SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office (USPTO) is giving notice of a new system of records that is subject to the Privacy Act of 1974. The proposed system of records will maintain information on all employees and contractors and other affiliates who require public key infrastructure
(PKI)authenticated access to USPTO automated information systems (AISs). The proposed system of records is necessary in order to implement a new internal PKI in which the digital certificates produced by the PKI are carried on smart cards that also support the physical Access Control System for the USPTO, including the main offices at the Carlyle campus in Alexandria, VA. The smart card-based system will use electronic access credentials, such as digital public key or PKI certificates. Access to electronic agency assets, including the USPTO computer network and the USPTO desktop and laptop computers, will be controlled using this new process. This will provide a high level of security authentication in accord with recent Office of Management and Budget
(OMB)and Federal Identity Credentialing Committee guidance. The proposed new system of records, “COMMERCE/PAT-TM-17 USPTO Security Access Control and Certificate Systems,” is published in its entirety below. COMMERCE/PAT-TM-17 System name: USPTO Security Access Control and Certificate Systems. Security classification: Unclassified. System location: IT Security Program Office, United States Patent and Trademark Office, Madison Building West-Room 5A29, 600 Dulany Street, Alexandria, VA 22314. Categories of individuals covered by the system: USPTO employees, contractors, and other affiliates requiring PKI-authenticated access to USPTO electronic assets including the network, desktops, and laptops. Categories of records in the system: The system contains information needed to establish identity, accountability, and audit control of digital certificates issued by the new USPTO internal PKI that have been assigned to personnel who require access to USPTO electronic assets, including the USPTO network, as well as those who transmit electronic data that requires the protection of PKI security services. The records are created and maintained to provide assurance that the digital certificates are issued and delivered to the correct individual, who typically has been issued a smart card by the USPTO Office of Security. Records may include the individual's name; organization; work telephone number; social security number; driver's license number; passport number; date of birth; employee number; smart card serial number; work e-mail address; status as an employee, contractor or other affiliation with the USPTO; title; home address and phone number. Records also include information on the creation, renewal, replacement or revocation of digital certificates, including evidence provided by applicants for proof of identity and authority, sources used to verify an applicant's identity and authority, and the certificates issued, denied and revoked, including reasons for denial and revocation. Authority for maintenance of the system: 5 U.S.C. 301; 35 U.S.C. 2; the Electronic Signatures in Global and National Commerce Act, Pub. L. 106-229; and E.O. 9397. Purpose(s): To improve security for USPTO electronic assets; to maintain accountability for issuance and disposition of security access; to maintain an electronic system to facilitate secure on-line communication between Federal automated systems, between Federal employees or contractors, and with the public, using digital signature technologies to authenticate and verify identity; to provide a means of access to USPTO electronic assets including the USPTO network, desktops, and laptops; and to provide mechanisms for non-repudiation of personal identification and access to sensitive electronic systems, including but not limited to human resource, financial, procurement, travel and property systems, as well as systems containing information on intellectual property and other mission critical systems. The system also maintains records relating to the issuance of digital certificates utilizing public key cryptography to employees and contractors for the transmission of sensitive electronic material that requires protection. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: See Prefatory Statement of General Routine Uses Nos. 1-13, as found at 46 FR 63501-63502 (December 31, 1981). Disclosure to consumer reporting agencies: Not applicable. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Records are stored as electronic media and paper records. Retrievability: Records are retrieved by individual's name, social security number, employment status, organization and/or security access badge number. Safeguards: Entrance to data centers and support organization offices is restricted to those employees whose work requires them to be there for the system to operate. Identification cards are verified to ensure that records are in areas accessible only to authorized personnel who are properly screened, cleared, and trained. Disclosure of electronic information through remote terminals is restricted through the use of passwords and sign-on protocols that are periodically changed. Reports produced from the remote printers are in the custody of personnel and financial management officers and are subject to the same privacy controls as other documents of like sensitivity. Digital certificates ensure secure local and remote access and allow only authorized employees, contractor employees, or other affiliated individuals to gain access to federal information assets available through secured systems access. Access to sensitive records is available only to authorized employees and contractor employees responsible for the management of the system and/or employees of program offices who have a need for such information. Paper records are maintained in locked safes and/or file cabinets. Electronic records are password-protected or PKI-protected. During non-work hours, records are stored in locked safes and/or cabinets in locked rooms. Retention and disposal: The records on government employees and contractor employees are retained for the duration of their employment at the USPTO. Other individuals' records are kept for the duration of their affiliation with the USPTO and then treated as employee records. The records on separated employees are destroyed or sent to the Federal Records Center in accordance with General Records Schedule 18. System manager(s) and address: Director, IT Security Program Office, United States Patent and Trademark Office, Madison Building West—Room 5A05, 600 Dulany Street, Alexandria, VA 22314. Notification procedure: Information may be obtained from either the Director, IT Security Program Office, United States Patent and Trademark Office, Madison Building West—Room 5A05, 600 Dulany Street, Alexandria, VA 22314; or the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. Requesters should provide the appropriate information in accordance with the inquiry provisions appearing at 37 CFR Part 102 Subpart B. Record access procedures: USPTO employees wishing to inquire whether this system of records contains information about them should contact the system manager indicated. Individuals must furnish their full names for their records to be located and identified. See “Notification procedure” above. Contesting record procedures: USPTO employees wishing to request amendment of their records should contact the system manager indicated. Individuals must furnish their full names for their records to be located and identified. See “Notification procedure” above. Record source categories: The information contained in these records is provided by or verified by the subject individual of the record, supervisors, other personnel documents, and non-Federal sources such as private employers. Exemptions claimed for the system: None. Dated: December 7, 2004. Susan K. Brown, Records Officer, USPTO, Office of the Chief Information Officer, Office of Data Architecture and Services, Data Administration Division. [FR Doc. 04-27321 Filed 12-13-04; 8:45 am]
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Traces to 8 documents
CFR
- Administrative review of orders and suspension agreements under section 751(a)(1) of the Act.§ 351.213
- Assessment of antidumping and countervailing duties; provisional measures deposit cap; interest on certain overpayments and underpayments.§ 351.212
- Calculation of export price and constructed export price; reimbursement of antidumping and countervailing duties.§ 351.402
- Access to business proprietary information.§ 351.305
- Processing of applications by the Department of Commerce.§ 301.5
statutes-at-large
7 references not yet in our index
- 19 CFR 251.213(d)(4)
- 287 F.3d 1365
- Pub. L. 89-651
- 15 CFR 301
- 15 CFR 335
- Pub. L. 106-229
- 37 CFR 102
Citation graph
cites case law
Notices
Notice of allocation of 2005 worsted wool fabric tariff rate quota
F. App'x287 F.3d 1365
Cite19 CFR 251.213(d)(4)
Pub. L.Pub. L. 89-651
Cite15 CFR 301
Cites 15 · showing 12Cited by 0 across 0 sources