Notices. Notice of opportunity to request administrative review of antidumping or countervailing duty order, finding, or suspended investigation

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BILLING CODE 3510-24-P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of opportunity to request administrative review of antidumping or countervailing duty order, finding, or suspended investigation. Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspension of investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with section 351.213

(2004)of the Department of Commerce (the Department) Regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. *Opportunity To Request a Review:* Not later than the last day of February 2005, interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in February for the following periods: Antidumping duty proceedings Period Brazil: Stainless Steel Bar, A-351-825 2/1/04-1/31/05 France: Certain Cut-to-Length Carbon-Quality Steel Plate, A-427-816 2/1/04-1/31/05 Uranium, A-427-818 2/1/04-1/31/05 Germany: Sodium Thiosulfate, A-428-807 2/1/04-1/31/05 India: Certain Cut-to-Length Carbon-Quality Steel Plate, A-533-817 2/1/04-1/31/05 Forged Stainless Steel Flanges, A-533-809 2/1/04-1/31/05 Stainless Steel Bar, A-533-810 2/1/04-1/31/05 Certain Preserved Mushrooms, A-533-813 2/1/04-1/31/05 Indonesia: Certain Cut-to-Length Carbon-Quality Steel Plate, A-560-805 2/1/04-1/31/05 Certain Preserved Mushrooms, A-560-802 2/1/04-1/31/05 Italy: Certain Cut-to-Length Carbon-Quality Steel Plate, A-475-826 2/1/04-1/31/05 Stainless Steel Butt-Weld Pipe Fittings, A-475-828 2/1/04-1/31/05 Japan: Carbon Steel Butt-Weld Pipe Fittings, A-588-602 2/1/04-1/31/05 Certain Cut-to-Length Carbon-Quality Steel Plate, A-588-847 2/1/04-1/31/05 Mechanical Transfer Presses, A-588-810 2/1/04-1/31/05 Melamine In Crystal Form, A-588-056 2/1/04-8/31/04 Stainless Steel Bar, A-588-833 2/1/04-1/31/05 Malaysia: Stainless Steel Butt-Weld Pipe Fittings, A-557-809 2/1/04-1/31/05 Mexico: Welded Large Diameter Line Pipe, A-201-828 2/1/04-1/31/05 Philippines: Stainless Steel Butt-Weld Pipe Fittings, A-565-801 2/1/04-1/31/05 Republic of Korea: Certain Cut-to-Length Carbon-Quality Steel Plate, A-580-836 2/1/04-1/31/05 Stainless Steel Butt-Weld Pipe Fittings, A-580-813 2/1/04-1/31/05 Taiwan: Forged Stainless Steel Flanges, A-583-821 2/1/04-1/31/05 The People's Republic of China: Axes/adzes, A-570-803 2/1/04-1/31/05 Bars/wedges, A-570-803 2/1/04-1/31/05 Certain Preserved Mushrooms, A-570-851 2/1/04-1/31/05 Coumarin, A-570-830 2/1/04-1/31/05 Creatine Monohydrate, A-570-852 2/1/04-1/31/05 Hammers/sledges, A-570-803 2/1/04-1/31/05 Natural Bristle Paint Brushes and Brush Heads, A-570-501 2/1/04-1/31/05 Picks/mattocks, A-570-803 2/1/04-1/31/05 Sodium Thiosulfate, A-570-805 2/1/04-1/31/05 The United Kingdom: Sodium Thiosulfate, A-412-805 2/1/04-1/31/05 Countervailing Duty Proceedings France: Certain Cut-to Length Carbon-Quality Steel Plate, C-427-817 1/1/04-12/31/04 Low Enriched Uranium, C-427-819 1/1/04-12/31/04 Germany: Low Enriched Uranium, C-428-829 1/1/04-12/31/04 India: Certain Cut-to-Length Carbon-Quality Steel Plate, C-533-818 1/1/04-12/31/04 Prestressed Concrete Steel Wire Strand, C-533-829 7/8/03-12/31/04 Indonesia: Certain Cut-to-Length Carbon-Quality Steel Plate, C-560-806 1/1/04-12/31/04 Italy: Certain Cut-to-Length Carbon-Quality Steel Plate, C-475-827 1/1/04-12/31/04 Netherlands: Low Enriched Uranium, C-421-809 1/1/04-12/31/04 Republic of Korea: Certain Cut-to-Length Carbon-Quality Steel Plate, C-580-837 1/1/04-12/31/04 The United Kingdom: Low Enriched Uranium, C-412-821 1/1/04-12/31/04 Suspension Agreements None. In accordance with section 351.213(b) of the regulations, an interested party as defined by section 771(9) of the Act, may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. As explained in *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 69 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. *See also* the Import Administration Web site at *http://www.ia.ita.doc.gov* . Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/ Countervailing Enforcement, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department's service list. The Department will publish in the **Federal Register** a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation” for requests received by the last day of February 2005. If the Department does not receive, by the last day of February 2005, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the Customs Service to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from use, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: January 26, 2005. Holly A. Kuga, Senior Office Director, Office for Import Administration. [FR Doc. E5-375 Filed 1-31-05; 8:45 am] BILLING CODE 3510-P DEPARTMENT OF COMMERCE International Trade Administration [A-588-824] Notice of Final Results of Antidumping Duty Changed Circumstances Review and Revocation, in Part: Certain Corrosion-Resistant Carbon Steel Flat Products From Japan AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: *Effective Date:* February 1, 2005. FOR FURTHER INFORMATION CONTACT: Christopher Hargett, George McMahon, or James Terpstra, 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)482-4161,

(202)482-1167, or

(202)482-3965, respectively. SUPPLEMENTARY INFORMATION: Background On August 19, 1993, the Department of Commerce (the Department) published an antidumping duty order on certain corrosion-resistant carbon steel flat products from Japan. *See Antidumping Duty Orders: Certain Corrosion-Resistant Carbon Steel Flat Products From Japan* , 58 FR 44163 (August 19, 1993). On October 26, 2004, Taiho requested that the Department revoke the antidumping duty order on 24 separate bushing alloy-lined corrosion-resistant carbon steel coil products from Japan through the initiation of a changed circumstances review. *See* section 751(b) of the Tariff Act of 1930 (the Act). Taiho also requested that the Department conduct an expedited changed circumstances review pursuant to 19 CFR 351.221(c)(3)(ii). Taiho asserts that the domestic producers, United States Steel (U.S. Steel), and International Steel Group (ISG), do not have any interest in the continuation of the order with respect to the 24 products. The Department received a letter on November 22, 2004, on behalf of U.S. Steel stating they have no objection to the initiation of the changed circumstances review, and on December 3, 2004, received a letter on behalf of ISG, attesting to their lack of interest regarding continuation of the order with respect to the specified 24 products. In response to Taiho's request and based on the information provided by U.S. Steel and ISG, on December 20, 2004, the Department simultaneously initiated a changed circumstances review and issued a notice of preliminary intent to revoke the order, in part (69 FR 75907). The Department provided interested parties an opportunity to comment on our preliminary intent to revoke the order, in part, with respect to the specified 24 products. We did not receive any comments. Therefore, the final results of review are not different from the preliminary results and we are revoking the order, in part, with respect to the specified 24 products as described in the “Scope of the Order” section of this notice. Scope of the Order The products subject to this order include flat-rolled carbon steel products, of rectangular shape, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel-or iron-based alloys, whether or not corrugated or painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating, in coils (whether or not in successively superimposed layers) and of a width of 0.5 inch or greater, or in straight lengths which, if of a thickness less than 4.75 millimeters, are of a width of 0.5 inch or greater and which measures at least 10 times the thickness or if of a thickness of 4.75 millimeters or more are of a width which exceeds 150 millimeters and measures at least twice the thickness, as currently classifiable in the Harmonized Tariff Schedule under item numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, and 7217.90.5090. Included in the order are flat-rolled products of nonrectangular cross-section where such cross-section is achieved subsequent to the rolling process ( *i.e.* , products which have been “worked after rolling”)—for example, products which have been bevelled or rounded at the edges. Excluded from the scope of the order are flat-rolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (“terne plate”), or both chromium and chromium oxides (“tin-free steel”), whether or not painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating. Also excluded from the scope of the order are certain clad stainless flat-rolled products, which are three-layered corrosion-resistant carbon steel flat-rolled products less than 4.75 millimeters in composite thickness that consist of a carbon steel flat-rolled product clad on both sides with stainless steel in a 20%-60%-20% ratio. *See Antidumping Duty Orders: Certain Corrosion-Resistant Carbon Steel Flat Products From Japan* , 58 FR 44163 (August 19, 1993). Also excluded from the scope of this order are imports of certain corrosion-resistant carbon steel flat products meeting the following specifications: Widths ranging from 10 millimeters (0.394 inches) through 100 millimeters (3.94 inches); thicknesses, including coatings, ranging from 0.11 millimeters (0.004 inches) through 0.60 millimeters (0.024 inches); and a coating that is from 0.003 millimeters (0.00012 inches) through 0.005 millimeters (0.000196 inches) in thickness and that is comprised of three evenly applied layers, the first layer consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum, followed by a layer consisting of chromate, and finally a layer consisting of silicate. *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Final Results of Changed Circumstances Antidumping Duty Administrative Review, and Revocation in Part of Antidumping Duty Order* , 62 FR 66848 (December 22, 1997). Also excluded from the scope of this order are imports of subject merchandise meeting all of the following criteria:

(1)Widths ranging from 10 millimeters (0.394 inches) through 100 millimeters (3.94 inches);

(2)thicknesses, including coatings, ranging from 0.11 millimeters (0.004 inches) through 0.60 millimeters (0.024 inches); and

(3)a coating that is from 0.003 millimeters (0.00012 inches) through 0.005 millimeters (0.000196 inches) in thickness and that is comprised of either two evenly applied layers, the first layer consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum, followed by a layer consisting of chromate, or three evenly applied layers, the first layer consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum followed by a layer consisting of chromate, and finally a layer consisting of silicate. *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Final Results of Changed Circumstances Antidumping Duty Administrative Review, and Revocation in Part of Antidumping Duty Order* , 64 FR 14861 (March 29, 1999). Also excluded from the scope of this order are:

(1)Carbon steel flat products measuring 1.84 mm in thickness and 43.6 mm or 16.1 mm in width consisting of carbon steel coil (SAE 1008) clad with an aluminum alloy that is balance aluminum, 20% tin, 1% copper, 0.3% silicon, 0.15% nickel, less than 1% other materials and meeting the requirements of SAE standard 783 for Bearing and Bushing Alloys; and

(2)carbon steel flat products measuring 0.97 mm in thickness and 20 mm in width consisting of carbon steel coil (SAE 1008) with a two-layer lining, the first layer consisting of a copper-lead alloy powder that is balance copper, 9% to 11% tin, 9% to 11% lead, less than 1% zinc, less than 1% other materials and meeting the requirements of SAE standard 792 for bearing and bushing alloys, the second layer consisting of 45% to 55% lead, 38% to 50% PTFE, 3% to 5% molybdenum disulfide and less than 2% other materials. *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order* , 64 FR 57032 (October 22, 1999). Also excluded from the scope of the order are imports of doctor blades meeting the following specifications: Carbon steel coil or strip, plated with nickel phosphorous, having a thickness of 0.1524 millimeters (0.006 inches), a width between 31.75 millimeters (1.25 inches) and 50.80 millimeters (2.00 inches), a core hardness between 580 to 630 HV, a surface hardness between 900-990 HV; the carbon steel coil or strip consists of the following elements identified in percentage by weight: 0.90% to 1.05% carbon; 0.15% to 0.35% silicon; 0.30% to 0.50% manganese; less than or equal to 0.03% of phosphorous; less than or equal to 0.006% of sulfur; other elements representing 0.24%; and the remainder of iron. *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order* , 65 FR 53983 (September 6, 2000). Also excluded from the scope of the order are imports of carbon steel flat products meeting the following specifications: Carbon steel flat products measuring 1.64 millimeters in thickness and 19.5 millimeters in width consisting of carbon steel coil (SAE 1008) with a lining clad with an aluminum alloy that is balance aluminum; 10 to 15% tin; 1 to 3% lead; 0.7 to 1.3% copper; 1.8 to 3.5% silicon; 0.1 to 0.7% chromium; less than 1% other materials and meeting the requirements of SAE standard 783 for Bearing and Bushing Alloys. *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order* , 66 FR 8778 (February 2, 2001). Also excluded from the scope of the order are carbon steel flat products meeting the following specifications:

(1)Carbon steel flat products measuring 0.975 millimeters in thickness and 8.8 millimeters in width consisting of carbon steel coil (SAE 1012) clad with a two-layer lining, the first layer consisting of a copper-lead alloy powder that is balance copper, 9%-11% tin, 9%-11% lead, maximum 1% other materials and meeting the requirements of SAE standard 792 for Bearing and Bushing Alloys, the second layer consisting of 13%-17% carbon, 13%-17% aromatic polyester, with a balance (approx. 66%-74%) of polytetrafluorethylene (PTFE); and

(2)carbon steel flat products measuring 1.02 millimeters in thickness and 10.7 millimeters in width consisting of carbon steel coil (SAE 1008) with a two-layer lining, the first layer consisting of a copper-lead alloy powder that is balance copper, 9%-11% tin, 9%-11% lead, less than 0.35% iron, and meeting the requirements of SAE standard 792 for bearing and bushing alloys, the second layer consisting of 45%-55% lead, 3%-5% molybdenum disulfide, with a balance (approx. 40%-52%) of polytetrafluorethylene (PTFE). *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Notice of Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order* , 66 FR 15075 (March 15, 2001). Also excluded from this order are products meeting the following specifications: Carbon steel coil or strip, measuring 1.93 millimeters or 2.75 millimeters (0.076 inches or 0.108 inches) in thickness, 87.3 millimeters or 99 millimeters (3.437 inches or 3.900 inches) in width, with a low carbon steel back comprised of: Carbon under 8%, manganese under 0.4%, phosphorous under 0.04%, and sulfur under 0.05%; clad with aluminum alloy comprised of: 0.7% copper, 12% tin, 1.7% lead, 0.3% antimony, 2.5% silicon, 1% maximum total other (including iron), and remainder aluminum. Also excluded from this order are products meeting the following specifications: Carbon steel coil or strip, clad with aluminum, measuring 1.75 millimeters (0.069 inches) in thickness, 89 millimeters or 94 millimeters (3.500 inches or 3.700 inches) in width, with a low carbon steel back comprised of: Carbon under 8%, manganese under 0.4%, phosphorous under 0.04%, and sulfur under 0.05%; clad with aluminum alloy comprised of: 0.7% copper, 12% tin, 1.7% lead, 2.5% silicon, 0.3% antimony, 1% maximum total other (including iron), and remainder aluminum. *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Notice of Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order* , 66 FR 20967 (April 26, 2001). Also excluded from this order are products meeting the following specifications: Carbon steel coil or strip, measuring a minimum of and including 1.10mm to a maximum of and including 4.90mm in overall thickness, a minimum of and including 76.00mm to a maximum of and including 250.00mm in overall width, with a low carbon steel back comprised of: carbon under 0.10%, manganese under 0.40%, phosphorous under 0.04%, sulfur under 0.05%, and silicon under 0.05%; clad with aluminum alloy comprised of: under 2.51% copper, under 15.10% tin, and remainder aluminum as listed on the mill specification sheet. *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Notice of Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order* , 67 FR 7356 (February 19, 2002). Also excluded from this order are products meeting the following specifications:

(1)Diffusion annealed, non-alloy nickel-plated carbon products, with a substrate of cold-rolled battery grade sheet (“CRBG”) with both sides of the CRBG initially electrolytically plated with pure, unalloyed nickel and subsequently annealed to create a diffusion between the nickel and iron substrate, with the nickel plated coating having a thickness of 0-5 microns per side with one side equaling at least 2 microns; and with the nickel carbon sheet having a thickness of from 0.004” (0.10mm) to 0.030” (0.762mm) and conforming to the following chemical specifications (%): C <= 0.08; Mn <= 0.45; P <= 0.02; S <= 0.02; Al <= 0.15; and Si <= 0.10; and the following physical specifications: Tensile = 65 KSI maximum; Yield = 32-55 KSI; Elongation = 18% minimum (aim 34%); Hardness = 85-150 Vickers; Grain Type = Equiaxed or Pancake; Grain Size

(ASTM)= 7-12; Delta r value = aim less than ±0.2; Lankford value = <== 1.2.; and

(2)next generation diffusion-annealed nickel plate meeting the following specifications:

(a)Nickel-graphite plated, diffusion annealed, tin-nickel plated carbon products, with a natural composition mixture of nickel and graphite electrolytically plated to the top side of diffusion annealed tin-nickel plated carbon steel strip with a cold rolled or tin mill black plate base metal conforming to chemical requirements based on AISI 1006; having both sides of the cold rolled substrate electrolytically plated with natural nickel, with the top side of the nickel plated strip electrolytically plated with tin and then annealed to create a diffusion between the nickel and tin layers in which a nickel-tin alloy is created, and an additional layer of mixture of natural nickel and graphite then electrolytically plated on the top side of the strip of the nickel-tin alloy; having a coating thickness: top side: Nickel-graphite, tin-nickel layer <== 1.0 micrometers; tin layer only <== 0.05 micrometers, nickel-graphite layer only <= 0.2 micrometers, and bottom side: Nickel layer <== 1.0 micrometers;

(b)nickel-graphite, diffusion annealed, nickel plated carbon products, having a natural composition mixture of nickel and graphite electrolytically plated to the top side of diffusion annealed nickel plated steel strip with a cold rolled or tin mill black plate base metal conforming to chemical requirements based on AISI 1006; with both sides of the cold rolled base metal initially electrolytically plated with natural nickel, and the material then annealed to create a diffusion between the nickel and the iron substrate; with an additional layer of natural nickel-graphite then electrolytically plated on the top side of the strip of the nickel plated steel strip; with the nickel-graphite, nickel plated material sufficiently ductile and adherent to the substrate to permit forming without cracking, flaking, peeling, or any other evidence of separation; having a coating thickness: top side: Nickel-graphite, tin-nickel layer <== 1.0 micrometers; nickel-graphite layer <== 0.5 micrometers; bottom side: nickel layer <== 1.0 micrometers;

(c)diffusion annealed nickel-graphite plated products, which are cold-rolled or tin mill black plate base metal conforming to the chemical requirements based on AISI 1006; having the bottom side of the base metal first electrolytically plated with natural nickel, and the top side of the strip then plated with a nickel-graphite composition; with the strip then annealed to create a diffusion of the nickel-graphite and the iron substrate on the bottom side; with the nickel-graphite and nickel plated material sufficiently ductile and adherent to the substrate to permit forming without cracking, flaking, peeling, or any other evidence of separation; having coating thickness: top side: Nickel-graphite layer <== 1.0 micrometers; bottom side: nickel layer <== 1.0 micrometers;

(d)nickel-phosphorous plated diffusion annealed nickel plated carbon product, having a natural composition mixture of nickel and phosphorus electrolytically plated to the top side of a diffusion annealed nickel plated steel strip with a cold rolled or tin mill black plate base metal conforming to the chemical requirements based on AISI 1006; with both sides of the base metal initially electrolytically plated with natural nickel, and the material then annealed to create a diffusion of the nickel and iron substrate; another layer of the natural nickel-phosphorous then electrolytically plated on the top side of the nickel plated steel strip; with the nickel-phosphorous, nickel plated material sufficiently ductile and adherent to the substrate to permit forming without cracking, flaking, peeling or any other evidence of separation; having a coating thickness: Top side: nickel-phosphorous, nickel layer <== 1.0 micrometers; nickel-phosphorous layer <== 0.1 micrometers; bottom side : nickel layer <== 1.0 micrometers;

(e)diffusion annealed, tin-nickel plated products, electrolytically plated with natural nickel to the top side of a diffusion annealed tin-nickel plated cold rolled or tin mill black plate base metal conforming to the chemical requirements based on AISI 1006; with both sides of the cold rolled strip initially electrolytically plated with natural nickel, with the top side of the nickel plated strip electrolytically plated with tin and then annealed to create a diffusion between the nickel and tin layers in which a nickel-tin alloy is created, and an additional layer of natural nickel then electrolytically plated on the top side of the strip of the nickel-tin alloy; sufficiently ductile and adherent to the substrate to permit forming without cracking, flaking, peeling or any other evidence of separation; having coating thickness: Top side: nickel-tin-nickel combination layer <== 1.0 micrometers; tin layer only <== 0.05 micrometers; bottom side: nickel layer <== 1.0 micrometers; and

(f)tin mill products for battery containers, tin and nickel plated on a cold rolled or tin mill black plate base metal conforming to chemical requirements based on AISI 1006; having both sides of the cold rolled substrate electrolytically plated with natural nickel; then annealed to create a diffusion of the nickel and iron substrate; then an additional layer of natural tin electrolytically plated on the top side; and again annealed to create a diffusion of the tin and nickel alloys; with the tin-nickel, nickel plated material sufficiently ductile and adherent to the substrate to permit forming without cracking, flaking, peeling or any other evidence of separation; having a coating thickness: Top side: nickel-tin layer <== 1 micrometer; tin layer alone <== 0.05 micrometers; bottom side: nickel layer <== 1.0 micrometer. *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Notice of Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order* , 67 FR 47768 (July 22, 2002). Also excluded from this order are products meeting the following specifications:

(1)Widths ranging from 10 millimeters (0.394 inches) through 100 millimeters (3.94 inches);

(2)thicknesses, including coatings, ranging from 0.11 millimeters (0.004 inches) through 0.60 millimeters (0.024 inches); and

(3)a coating that is from 0.003 millimeters (0.00012 inches) through 0.005 millimeters (0.000196 inches) in thickness and that is comprised of either two evenly applied layers, the first layer consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum, followed by a layer consisting of phosphate, or three evenly applied layers, the first layer consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum followed by a layer consisting of phosphate, and finally a layer consisting of silicate. *See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Notice of Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order,* 67 FR 57208 (September 9, 2002). Also excluded from this order are products meeting the following specifications:

(1)Flat-rolled products (provided for in HTSUS subheading 7210.49.00), other than of high-strength steel, known as “ASE Iron Flash” and either:

(A)Having a base layer of zinc-based zinc-iron alloy applied by hot-dipping and a surface layer of iron-zinc alloy applied by electrolytic process, the weight of the coating and plating not over 40 percent by weight of zinc; or

(B)two-layer-coated corrosion-resistant steel with a coating composed of

(a)a base coating layer of zinc-based zinc-iron alloy by hot-dip galvanizing process, and

(b)a surface coating layer of iron-zinc alloy by electro-galvanizing process, having an effective amount of zinc up to 40 percent by weight, and

(2)corrosion resistant continuously annealed flat-rolled products, continuous cast, the foregoing with chemical composition (percent by weight): Carbon not over 0.06 percent by weight, manganese 0.20 or more but not over 0.40, phosphorus not over 0.02, sulfur not over 0.023, silicon not over 0.03, aluminum 0.03 or more but not over 0.08, arsenic not over 0.02, copper not over 0.08 and nitrogen 0.003 or more but not over 0.008; and meeting the characteristics described below:

(A)Products with one side coated with a nickel-iron-diffused layer which is less than 1 micrometer in thickness and the other side coated with a two-layer coating composed of a base nickel-iron-diffused coating layer and a surface coating layer of annealed and softened pure nickel, with total coating thickness for both layers of more than 2 micrometers; surface roughness (RA-microns) 0.18 or less; with scanning electron microscope

(SEM)not revealing oxides greater than 1 micron; and inclusion groups or clusters shall not exceed 5 microns in length;

(B)products having one side coated with a nickel-iron-diffused layer which is less than 1 micrometer in thickness and the other side coated with a four-layer coating composed of a base nickel-iron-diffused coating layer; with an inner middle coating layer of annealed and softened pure nickel, an outer middle surface coating layer of hard nickel and a topmost nickel-phosphorus-plated layer; with combined coating thickness for the four layers of more than 2 micrometers; surface roughness (RA-microns) 0.18 or less; with SEM not revealing oxides greater than 1 micron; and inclusion groups or clusters shall not exceed 5 microns in length;

(C)products having one side coated with a nickel-iron-diffused layer which is less than 1 micrometer in thickness and the other side coated with a three-layer coating composed of a base nickel-iron-diffused coating layer, with a middle coating layer of annealed and softened pure nickel and a surface coating layer of hard, luster-agent-added nickel which is not heat-treated; with combined coating thickness for all three layers of more than 2 micrometers; surface roughness (RA-microns) 0.18 or less; with SEM not revealing oxides greater than 1 micron; and inclusion groups or clusters shall not exceed 5 microns in length; or

(D)products having one side coated with a nickel-iron-diffused layer which is less than 1 micrometer in thickness and the other side coated with a three-layer coating composed of a base nickel-iron-diffused coating layer, with a middle coating layer of annealed and softened pure nickel and a surface coating layer of hard, pure nickel which is not heat-treated; with combined coating thickness for all three layers of more than 2 micrometers; surface roughness (RA-microns) 0.18 or less; SEM not revealing oxides greater than 1 micron; and inclusion groups or clusters shall not exceed 5 microns in length. * See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Notice of Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order, * 68 FR 19970 (April 23, 2003). Also excluded from the scope of this order is merchandise meeting the following specifications: Property Specification Base metal Aluminum Killed, Continuous Cast, Carbon Steel SAE 1008. Chemical composition C: 0.08% max. Si: 0.03% max. Mn: 0.40% max. P: 0.020% max. S: 0.020% max. Nominal thickness 0.054 millimeters. Thickness tolerance Minimum 0.0513 millimeters. Maximum 0.0567 millimeters. Width 600 millimeters or greater. Nickel plate Min. 2.45 microns per side. *See Notice of Final Results of Changed Circumstances Review and Revocation, in Part: Certain Corrosion-Resistant Carbon Steel Flat Products From Japan,* 70 FR 2608 (January 14, 2005). As a result of this review, also excluded from the scope of this order are the following 24 separate corrosion-resistant carbon steel coil products meeting the following specifications: Product 1 Products described in industry usage as of carbon steel, measuring 1.625 mm to 1.655 mm in thickness and 19.3 mm to 19.7 mm in width, consisting of carbon steel coil (SAE 1010) with a lining clad with an aluminum alloy containing by weight 10 percent or more but not more than 15 percent of tin, 1 percent or more but not more than 3 percent of lead, 0.7 percent or more but not more than 1.3 percent of copper, 1.8 percent or more but not more than 3.5 percent of silicon, 0.1 percent or more but not more than 0.7 percent of chromium and less than or equal to 1 percent of other materials, and meeting the requirements of SAE standard 788 for Bearing and Bushing Alloys. Product 2 Products described in industry usage as of carbon steel, measuring 0.955 mm to 0.985 mm in thickness and 8.6 mm to 9.0 mm in width, consisting of carbon steel coil (SAE 1012) clad with a two-layer lining, the first layer consisting of a copper-lead alloy powder that contains by weight 9 percent or more but not more than 11 percent of tin, 9 percent or more but not more than 11 percent of lead, less than 0.05 percent phosphorus, less than 0.35 percent iron and less than or equal to 1 percent other materials, and meeting the requirements of SAE standard 797 for Bearing and Bushing Alloys, with the second layer containing by weight 13 percent or more but not more than 17 percent of carbon, 13 percent or more but not more than 17 percent of aromatic polyester, and the remainder (approx. 66-74 percent) of polytetrafluorethylene (PTFE). Product 3 Products described in industry usage as of carbon steel, measuring 1.01 mm to 1.03 mm in thickness and 10.5 mm to 10.9 mm in width, consisting of carbon steel coil (SAE 1010) with a two-layer lining, the first layer consisting of a copper-lead alloy powder that contains by weight 9 percent or more but not more than 11 percent of tin, 9 percent or more but not more than 11 percent of lead, less than 1 percent zinc and less than or equal to 1 percent other materials, and meeting the requirements of SAE standard 797 for Bearing and Bushing Alloys, with the second layer containing by weight 45 percent or more but not more than 55 percent of lead, 3 percent or more but not more than 5 percent of molybdenum disulfide, and the remainder made up of PTFE (approximately 38 percent to 52 percent) and less than 2 percent in the aggregate of other materials. Product 4 Products described in industry usage as of carbon steel, measuring 1.8 mm to 1.88 mm in thickness and 43.4 mm to 43.8 mm or 16.1 mm to 1.65 mm in width, consisting of carbon steel coil (SAE 1010) clad with an aluminum alloy that contains by weight 19 percent to 20 percent tin, 1 percent to 1.2 percent copper, less than 0.3 percent silicon, 0.15 percent nickel and less than 1 percent in the aggregate other materials and meeting the requirements of SAE standard 783 for Bearing and Bushing Alloys. Product 5 Products described in industry usage as of carbon steel, measuring 0.95 mm to 0.98 mm in thickness and 19.95 mm to 20 mm in width, consisting of carbon steel coil (SAE 1010) with a two-layer lining, the first layer consisting of a copper-lead alloy powder that contains by weight 9 percent or more but not more than 11 percent of tin, 9 percent or more but not more than 11 percent of lead, less than 1 percent of zinc and less than or equal to 1 percent in the aggregate of other materials and meeting the requirements of SAE standard 797 for Bearing and Bushing Alloys, with the second layer consisting by weight of 45 percent or more but not more than 55 percent of lead, 3 percent or more but not more than 5 percent of molybdenum disulfide and with the remainder made up of polytetrafluoroethylene

(PTFE)(approximately 38 percent to 52 percent) and up to 2 percent in the aggregate of other materials. Product 6 Products described in industry usage as of carbon steel, measuring 0.96 mm to 0.98 mm in thickness and 18.75 mm to 18.95 mm in width; base of SAE 1010 steel with a two-layer lining, the first layer consisting of copper-base alloy powder with chemical composition (percent by weight): Tin 9 to 11, lead 9 to 11, phosphorus less than 0.05, ferrous group less than 0.35, and other materials less than 1 percent; meeting the requirements of SAE standard 797 for bearing and bushing alloys; the second layer consisting of lead 33 to 37 percent, aromatic polyester 28 to 32 percent, and other materials less than 2 percent with a balance of polytetrafluoroethylene (PTFE). Product 7 Products described in industry usage as of carbon steel, measuring 1.21 mm to 1.25 mm in thickness and 19.4 mm to 19.6 mm in width; base of SAE 1012 steel with lining of copper base alloy with chemical composition (percent by weight): Tin 9 to 11, lead 9 to 11, phosphorus less than 0.05, ferrous group less than 0.35 and other materials less than 1 percent; meeting the requirements of SAE standard 797 for bearing and bushing alloys. Product 8 Products described in industry usage as of carbon steel, measuring 0.96 mm to 0.98 mm in thickness and 21.5 mm to 21.7 mm in width; base of SAE 1010 steel with a two-layer lining, the first layer consisting of copper-base alloy powder with chemical composition (percent by weight): Tin 9 to 11, lead 9 to 11, phosphorus less than 0.05 percent, ferrous group less than 0.35 and other materials less than 1; meeting the requirements of SAE standard 797 for bearing and bushing alloys; the second layer consisting of (percent by weight) lead 33 to 37, aromatic polyester 28 to 32 and other materials less than 2 with a balance of polytetrafluoroethylene (PTFE). Product 9 Products described in industry usage as of carbon steel, measuring 0.96 mm to 0.99 mm in thickness and 7.65 mm to 7.85 mm in width; base of SAE 1012 steel with a two-layer lining, the first layer consisting of copper-based alloy powder with chemical composition (percent by weight): Tin 9 to 11, lead 9 to 11, phosphorus less than 0.05, ferrous group less than 0.35 and other materials less than 1; meeting the requirements of SAE standard 797 for bearing and bushing alloys; the second layer consisting of (percent by weight) carbon 13 to 17 and aromatic polyester 13 to 17, with a balance of polytetrafluoroethylene (“PTFE”) Product 10 Products described in industry usage as of carbon steel, measuring 0.955 mm to 0.985 mm in thickness and 13.6 mm to 14 mm in width; base of SAE 1012 steel with a two-layer lining, the first layer consisting of copper-based alloy powder with chemical composition (percent by weight): Tin 9 to 11, lead 9 to 11, phosphorus less than 0.05, ferrous group less than 0.35 and other materials less than 1; meeting the requirements of SAE standard 797 for bearing and bushing alloys; the second layer consisting of (percent by weight) carbon 13 to 17, aromatic polyester 13 to 17, with a balance (approximately 66 to 74) of polytetrafluoroethylene (PTFE). Product 11 Products described in industry usage as of carbon steel, measuring 1.2 mm to 1.24 mm in thickness; 20 mm to 20.4 mm in width; consisting of carbon steel coils (SAE 1012) with a lining of sintered phosphorus bronze alloy with chemical composition (percent by weight): Tin 5.5 to 7; phosphorus 0.03 to 0.35; lead less than 1 and other non-copper materials less than 1. Product 12 Products described in industry usage as of carbon steel, measuring 1.8 mm to 1.88 mm in thickness and 43.3 mm to 43.7 mm in width; base of SAE 1010 steel with a lining of aluminum based alloy with chemical composition (percent by weight: Tin 10 to 15, lead 1 to 3, copper 0.7 to 1.3, silicon 1.8 to 3.5, chromium 0.1 to 0.7 and other materials less than 1; meeting the requirements of SAE standard 788 for bearing and bushing alloys. Product 13 Products described in industry usage as of carbon steel, measuring 1.8 mm to 1.88 mm in thickness and 24.2 mm to 24.6 mm in width; base of SAE 1010 steel with a lining of aluminum alloy with chemical composition (percent by weight): Tin 10 to 15, lead 1 to 3, copper 0.7 to 1.3, silicon 1.8 to 3.5, chromium 0.1 to 0.7 and other materials less than 1; meeting the requirements of SAE standard 788 for bearing and bushing alloys. Product 14 Flat-rolled coated SAE 1009 steel in coils, with thickness not less than 0.915 mm but not over 0.965 mm, width not less than 19.75 mm or more but not over 20.35 mm; with a two-layer coating; the first layer consisting of tin 9 to 11 percent, lead 9 to 11 percent, zinc less than 1 percent, other materials (other than copper) not over 1 percent and balance copper; the second layer consisting of lead 45 to 55 percent, molybdenum disulfide

(MoS2)3 to 5 percent, other materials not over 2 percent, balance polytetrafluoroethylene (PTFE). Product 15 Flat-rolled coated SAE 1009 steel in coils with thickness not less than 0.915 mm or more but not over 0.965mm; width not less than 18.65 mm or more but not over19.25 mm; with a two-layer coating; the first layer consisting of tin 9 to 11 percent, lead 9 to 11 percent, zinc less than 1 percent, other materials (other than copper) not over 1 percent, balance copper; the second layer consisting of lead 33 to 37 percent, aromatic polyester 13 to 17 percent, other materials (other than polytetrafluoroethylene (PTFE)) less than 2 percent, balance PTFE. Product 16 Flat-rolled coated SAE 1009 steel in coils with thickness not less than 0.920 mm or more but not over 0.970 mm; width not less than 21.35 mm or more but not over 21.95 mm; with a two-layer coating; the first layer consisting of tin 9 to 11 percent, lead 9 to 11 percent, zinc less than 1 percent, other materials (other than copper) not over 1 percent, balance copper; the second layer consisting of lead 33 to 37 percent, aromatic polyester 13 to 17 percent, other materials (other than PTFE) less than 2 percent, balance PTFE. Product 17 Flat-rolled coated SAE 1009 steel in coils with thickness not less than 1.80 mm or more but not over 1.85 mm, width not less than 14.7 mm or more but not over 15.3 mm; with a lining consisting of tin 2.5 to 4.5 percent, lead 21.0 to 25.0 percent, zinc less than 3 percent, iron less than 0.35 percent, other materials (other than copper) less than 1 percent, balance copper. Product 18 Flat-rolled coated SAE 1009 steel in coils with thickness 1.59 mm or more but not over 1.64 mm; width 14.5 mm or more but not over 15.1 mm; with a lining consisting of tin 2.3 to 4.2 percent, lead 20 to 25 percent, iron 1.5 to 4.5 percent, phosphorus 0.2 to 2.0 percent, other materials (other than copper) less than 1 percent, balance copper. Product 19 Flat-rolled coated SAE 1009 steel in coils with thickness not less than 1.75 mm or more but not over 1.8 mm; width not less than 18.0 mm or more but not over 18.6 mm; with a lining consisting of tin 2.3 to 4.2 percent, lead 20 to 25 percent, iron 1.5 to 4.5 percent, phosphorus 0.2 to 2.0 percent, other materials (other than copper) less than 1 percent, balance copper. Product 20 Flat-rolled coated SAE 1009 steel in coils with thickness 1.59 mm or more but not over 1.64 mm; width 13.6 mm or more but not over14.2 mm; with a lining consisting of tin 2.3 to 4.2 percent, lead 20 to 25 percent, iron 1.5 to 4.5 percent, phosphorus 0.2 to 2.0 percent, other materials (other than copper) less than 1 percent, with a balance copper. Product 21 Flat-rolled coated SAE 1009 steel in coils with thickness 1.59 mm or more but not over 1.64 mm; width 11.5 mm or more but not over 12.1 mm; with a lining consisting of tin 2.3 to 4.2 percent, lead 20 to 25 percent, iron 1.5 to 4.5 percent, phosphorus 0.2 to 2.0 percent, other materials (other than copper) less than 1 percent, balance copper. Product 22 Flat-rolled coated SAE 1009 steel in coils with thickness 1.59 mm or more but not over 1.64 mm; width 11.2 mm or more but not over 11.8 mm, with a lining consisting of copper 0.7 to 1.3 percent, tin 17.5 to 22.5 percent, silicon less than 0.3 percent, nickel less than 0.15 percent, other materials less than 1 percent, balance aluminum. Product 23 Flat-rolled coated SAE 1009 steel in coils with thickness 1.59 mm or more but not over1.64 mm; width 7.2 mm or more but not over 7.8 mm; with a lining consisting of copper 0.7 to 1.3 percent, tin 17.5 to 22.5 percent, silicon less than 0.3 percent, nickel less than 0.15 percent, other materials (other than copper) less than 1 percent, balance copper. Product 24 Flat-rolled coated SAE 1009 steel in coils with thickness 1.72 mm or more but not over 1.77 mm; width 7.7 mm or more but not over 8.3 mm; with a lining consisting of copper 0.7 to 1.3 percent, tin 17.5 to 22.5 percent, silicon less than 0.3 percent, nickel less than 0.15 percent, other materials (other than copper) less than 1 percent, balance copper. Final Results of Review and Revocation of Antidumping Duty Order, In Part Pursuant to sections 751(d)(1) and 782(h)(2) of the Act, as amended (the Act), the Department may revoke an antidumping or countervailing duty order based on a review under section 751(b) of the Act ( *i.e.* , a changed circumstances review). Section 751(b)(1) of the Act requires a changed circumstances review to be conducted upon receipt of a request which shows changed circumstances sufficient to warrant a review. In this case, based on the information provided by Taiho, and comments from U.S. Steel and ISG, the Department preliminarily found that the continued relief provided by the order with respect to the 24 separate products from Japan is no longer of interest to the domestic industry. We did not receive any comments. Therefore, the Department is revoking the order on CORE from Japan with regard to the products that meet the specifications detailed above. We will instruct U.S. Customs and Border Protection

(CBP)to liquidate without regard to antidumping duties, and to refund any estimated antidumping duties collected on all unliquidated entries of the 24 separate products which are not covered by the final results of an administrative review or automatic liquidation. The most recent period for which the Department has completed an administrative review, or ordered automatic liquidation, is August 1, 2002 through July 31, 2003. Therefore, we will instruct CBP to liquidate entries entered, or withdrawn from warehouse, for consumption on or after August 1, 2003, *i.e.* , after the close of the last completed review. Any prior entries are subject to either the final results of review or automatic liquidation. We will also instruct CBP to pay interest on such refunds in accordance with section 778 of the Act and 19 CFR 351.222(g)(4). This changed circumstances administrative review, partial revocation of the antidumping duty order and notice are in accordance with sections 751(b) and

(d)and 782(h) of the Act and section 351.216(e) and 351.222(g)(1)(i) of the Department's regulations. Dated: January 26, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-374 Filed 1-31-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration (A-351-838) Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from Brazil 1 1 On January 21, 2005, the International Trade Commission

(ITC)notified the Department of Commerce (the Department) of its final determination that two domestic like products exist for the merchandise covered by the Department's investigation: 1) certain non-canned warmwater shrimp and prawns; and 2) canned warmwater shrimp and prawns. The ITC determined that imports of canned warmwater shrimp and prawns from Brazil were negligible; therefore, canned warmwater shrimp and prawns will not be covered by the antidumping duty order. AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce. EFFECTIVE DATE: February 1, 2005. FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-4929 or

(202)482-4007, respectively. SUPPLEMENTARY INFORMATION: Amendment to Final Determination In accordance with sections 735(a) and 777(i)(1) of the Tariff Act of 1930, as amended, (the Act), on December 23, 2004, the Department published its notice of final determination of sales at less than fair value

(LTFV)in the investigation of certain frozen and canned warmwater shrimp from Brazil. *See Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from Brazil* , 69 FR 76910 ( *Final Determination* ). On December 23, 2004, we received an allegation, timely filed pursuant to 19 CFR 351.224(c)(2), from the petitioners ( *i.e.* , Ad Hoc Shrimp Trade Action Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp Company) that the Department made a ministerial error with respect to its exclusion of “dusted” shrimp from the scope of this investigation. On December 28, 2004, Eastern Fish Company, Inc., and Long John Silver's, Inc., interested parties in this investigation, submitted a response to the petitioners' December 23, 2004, ministerial error allegation. In addition, on December 30, 2004, we received allegations, timely filed pursuant to 19 CFR 351.224(c)(2), from the petitioners and the respondents ( *i.e* , Central de Industrialização e Distribuição de Alimentos Ltda.

(CIDA)and Empresa de Armazenagem Frigorifica Ltda. (EMPAF)) that the Department also made ministerial errors in the final margin calculations. On January 5 and 10, 2005, we received submissions containing rebuttal comments from the petitioners with respect to the ministerial error allegations made by EMPAF and CIDA, respectively. After analyzing the submissions filed by CIDA, EMPAF, the petitioners, and the other interested parties, we have determined, in accordance with 19 CFR 351.224(e), that we made the following ministerial errors in our calculations performed for the final determination: ○ We inadvertently failed to convert third country variable costs to the same unit of measure as U.S. variable costs before calculating the difference-in-merchandise adjustment for CIDA. ○ We inadvertently used incorrect programming to convert normal values to the same unit of measure as the United States price which resulted in an incomplete conversion of normal value for CIDA. ○ We inadvertently used an incorrect dataset (CEPTOT) in the final margin program for EMPAF that was not created by the comparison market program. ○ We inadvertently allocated the entire amount of the unreconciled difference between the financial statements and the submitted cost to the cost of fresh shrimp for EMPAF. Correcting these errors results in revised margins for CIDA and EMPAF. In addition, we have revised the calculation of the “all others” rate accordingly. For a detailed discussion of the ministerial errors alleged by the petitioners and the respondents, as well as the Department's analysis, *see* the January 24, 2005, memorandum to Louis Apple from the Team entitled “Ministerial Error Allegations in the Final Determination of the Antidumping Duty Investigation of Certain Frozen Warmwater Shrimp from Brazil.” Therefore, in accordance with 19 CFR 351.224(e), we are amending the final determination of sales at LTFV in the antidumping duty investigation of certain frozen warmwater shrimp from Brazil. The revised weighted-average dumping margins are in the “Antidumping Duty Order” section, below. Antidumping Duty Order In accordance with section 735(a) of the Act, the Department made its final determination that certain frozen and canned warmwater shrimp from Brazil is being, or is likely to be, sold in the United States at LTFV. *See Final Determination* . On January 21, 2005, the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(I) of the Act that an industry in the United States is materially injured by reason of LTFV imports of subject merchandise from Brazil. In its final determination, however, the ITC determined that two domestic like products exist for the merchandise covered by the Department's investigation: 1) certain non-canned warmwater shrimp and prawns; and 2) canned warmwater shrimp and prawns. The ITC determined pursuant to section 735(b)(1)(B) of the Act that imports of canned warmwater shrimp from Brazil are negligible. Therefore, the ITC's affirmative determination of material injury covered all non-canned warmwater shrimp and prawns other than those specifically excluded in the “Scope of Order” section, below. Accordingly, the scope of the antidumping duty investigation has been amended as described above to reflect the ITC's distinction between certain non-canned warmwater shrimp and prawns and canned warmwater shrimp and prawns. Specifically, canned warmwater shrimp and prawns are excluded from the scope of the order. In cases where the ITC specifically excludes a product in its final injury determination, the Department may exclude that product from its final margin calculation. *See Antidumping Duty Orders; Certain Stainless Steel Plate in Coils from Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan* , 64 FR 27756 (May 21, 1999). However, because the respondents did not export or sell canned warmwater shrimp and prawns to the United States during the period of investigation (POI), no recalculation of the dumping margins is warranted, and therefore we are not amending the final determination calculations to exclude any sales of canned warmwater shrimp and prawn products. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection

(CBP)to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price or the constructed export price of the merchandise for all relevant entries of certain frozen warmwater shrimp from Brazil. These antidumping duties will be assessed on all unliquidated entries of certain frozen warmwater shrimp from Brazil entered, or withdrawn from warehouse, for consumption on or after August 4, 2004, the date on which the Department published its *Notice of Preliminary Determination of Sales at Less that Fair Value and Postponement of Final Determination: Certain Frozen and Canned Warmwater Shrimp from Brazil* , 69 FR 47081 (Aug. 4, 2004), or in the case of EMPAF, on or after August 30, 2004, the date on which the Department published its *Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from Brazil* , 69 FR 52860 (August 30, 2004). On or after the date of publication of this antidumping duty order in the **Federal Register** , CBP will require, at the same time that importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average dumping margins as listed below. The “all others” rate applies to all exporters of subject merchandise not listed specifically. We determine that the following weighted-average margin percentages exist for the POI: Exporter/Manufacturer Original Final Margin Amended Final Margin Empresa de Armazenagem Frigorifica Ltda./Maricultura Netuno S.A. 10.70 7.94 Central de Industrialização e Distribuição de Alimentos Ltda./Cia. Exportadora de Produtos do Mar (Produmar) 9.69 4.97 Norte Pesca, S.A. 67.80 67.80 All Others 10.40 7.05 Scope of Order The scope of this order includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, 2 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. 2 “Tails” in this context means the tail fan, which includes the telson and the uropods. The frozen warmwater shrimp and prawn products included in the scope of this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp ( *Penaeus vannemei* ), banana prawn ( *Penaeus merguiensis* ), fleshy prawn ( *Penaeus chinensis* ), giant river prawn ( *Macrobrachium rosenbergii* ), giant tiger prawn ( *Penaeus monodon* ), redspotted shrimp ( *Penaeus brasiliensis* ), southern brown shrimp ( *Penaeus subtilis* ), southern pink shrimp ( *Penaeus notialis* ), southern rough shrimp ( *Trachypenaeus curvirostris* ), southern white shrimp ( *Penaeus schmitti* ), blue shrimp ( *Penaeus stylirostris* ), western white shrimp ( *Penaeus occidentalis* ), and Indian white prawn ( *Penaeus indicus* ). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order. Excluded from the scope are: 1) breaded shrimp and prawns (HTS subheading 1605.20.10.20); 2) shrimp and prawns generally classified in the *Pandalidae* family and commonly referred to as coldwater shrimp, in any state of processing; 3) fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); 5) dried shrimp and prawns; 6) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); 7) certain dusted shrimp; and 8) certain battered shrimp. Dusted shrimp is a shrimp-based product: 1) that is produced from fresh (or thawed-from-frozen) and peeled shrimp; 2) to which a “dusting” layer of rice or wheat flour of at least 95 percent purity has been applied; 3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; 4) with the non-shrimp content of the end product constituting between four and 10 percent of the product's total weight after being dusted, but prior to being frozen; and 5) that is subjected to individually quick frozen

(ITC)notified the Department of Commerce (the Department) of its final determination that two domestic like products exist for the merchandise covered by the Department's investigation: 1) certain non-canned warmwater shrimp and prawns; and 2) canned warmwater shrimp and prawns. The ITC determined that there is no injury or threat thereof to the U.S. domestic industry regarding imports of canned warmwater shrimp and prawns from Thailand; therefore, canned warmwater shrimp and prawns will not be covered by the antidumping duty order. AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 1, 2005. FOR FURTHER INFORMATION CONTACT: Irina Itkin or Alice Gibbons, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-0656 or

(202)482-0498, respectively. SUPPLEMENTARY INFORMATION: Amendment to Final Determination In accordance with sections 735(a) and 777(i)(1) of the Tariff Act of 1930, as amended, (the Act), on December 23, 2004, the Department published its notice of final determination of sales at less than fair value

(LTFV)in the investigation of certain frozen and canned warmwater shrimp from Thailand. *See Notice of Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp from Thailand* , 69 FR 76918 (Dec. 23, 2004) ( *Final Determination* ). On December 23, 2004, we received an allegation, timely filed pursuant to 19 CFR 351.224(c)(2), from the petitioners ( *i.e.* , the Ad Hoc Shrimp Trade Action Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp Company) that the Department made a ministerial error with respect to its exclusion of “dusted” shrimp from the scope of this investigation. On December 28, 2004, Eastern Fish Company, Inc., and Long John Silver's, Inc., interested parties in this investigation, submitted a response to the petitioners' December 23, 2004, ministerial error allegation. In addition, on December 30, 2004, we received allegations, timely filed pursuant to 19 CFR 351.224(c)(2), from the petitioners and the respondents ( *i.e.* , Andaman Seafood Co., Ltd., Chanthaburi Seafoods Co., Ltd., and Thailand Fishery Cold Storage Public Co., Ltd. (collectively, the Rubicon Group); Thai I-Mei Frozen Foods Co., Ltd. (Thai I-Mei); and the Union Frozen Products Co., Ltd. (UFP)) that the Department also made ministerial errors in the final margin calculations. On January 6, 2004, we received submissions containing rebuttal comments from the petitioners, the Rubicon Group, and UFP. After analyzing the Rubicon Group's, Thai I-Mei's, UFP's, and the petitioners' submissions, we have determined, in accordance with 19 CFR 351.224(e), that we made the following ministerial errors in our calculations performed for the final determination: • We unintentionally calculated more than one cost for the same control number (CONNUM) for the Rubicon Group in several instances; • We inadvertently compared Thai baht-denominated commission expenses to those denominated in U.S. dollars for Thai I-Mei; • We incorrectly applied weighted-average costs to merchandise for which the CONNUM was revised in the final determination, rather than using the actual verified costs for certain sales for Thai I-Mei. In correcting this error, we discovered that Thai I-Mei failed to report costs for certain of these re-coded products. Therefore, we based the costs for these products on facts available. As facts available, we used the average total cost of manufacturing of all CONNUMs; • We recalculated the weighted-average selling expenses and constructed value profit rate for Thai I-Mei using the revised figures for the Rubicon Group and UFP; and • We revised the calculation of general and administrative and interest expenses for UFP to exclude packaging costs ( *i.e.* , reported in the field PACK). Correcting these errors results in revised margins for the Rubicon Group and Thai I-Mei. In addition, we have revised the calculation of the “all others” rate accordingly. For a detailed discussion of the ministerial errors alleged by the petitioners and respondents, as well as the Department's analysis, see the January 24, 2005, memorandum to Louis Apple from the Team entitled “Ministerial Error Allegations in the Final Determination of the Antidumping Duty Investigation on Certain Frozen Warmwater Shrimp from Thailand.” Therefore, in accordance with 19 CFR 351.224(e), we are amending the final determination of sales at LTFV in the antidumping duty investigation of certain frozen warmwater shrimp from Thailand. The revised weighted-average dumping margins are in the “Antidumping Duty Order” section, below. Antidumping Duty Order In accordance with section 735(a) of the Act, the Department made its final determination that certain frozen and canned warmwater shrimp from Thailand is being, or is likely to be, sold in the United States at LTFV. *See Final Determination* . On January 21, 2005, the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(I) of the Act that an industry in the United States is materially injured by reason of LTFV imports of subject merchandise from Thailand. In its final determination, however, the ITC determined that two domestic like products exist for the merchandise covered by the Department's investigation: 1) certain non-canned warmwater shrimp and prawns; and 2) canned warmwater shrimp and prawns. The ITC determined pursuant to section 735(b)(1) of the Act that a domestic industry in the United States is not materially injured or threatened with material injury by reason of imports of canned warmwater shrimp and prawns from Thailand. Therefore, the ITC's affirmative determination of material injury covered all non-canned warmwater shrimp and prawns other than those specifically excluded in the “Scope of Order” section, below. Accordingly, the scope of the antidumping duty investigation has been amended as described above to reflect the ITC's distinction between certain non-canned warmwater shrimp and prawns and canned warmwater shrimp and prawns. Specifically, canned warmwater shrimp and prawns are excluded from the scope of the order. In cases where the ITC specifically excludes a product in its final injury determination, the Department may exclude that product from its final margin calculation. *See Antidumping Duty Orders; Certain Stainless Steel Plate in Coils from Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan* , 64 FR 27756 (May 21, 1999). However, because the respondents did not export or sell canned warmwater shrimp and prawns to the United States during the period of investigation (POI), no recalculation of the dumping margins is warranted, and therefore we are not amending the final determination calculations to exclude any sales of canned warmwater shrimp and prawn products. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection

(CBP)to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the merchandise for all relevant entries of certain frozen warmwater shrimp from Thailand. These antidumping duties will be assessed on all unliquidated entries of certain frozen warmwater shrimp from Thailand entered, or withdrawn from the warehouse, for consumption on or after August 4, 2004, the date on which the Department published its *Notice of Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Negative Critical Circumstances Determination: Certain Frozen and Canned Warmwater Shrimp From Thailand* , 69 FR 47100 (Aug. 4, 2004). On or after the date of publication of this antidumping duty order in the **Federal Register** , CBP will require, at the same time that importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins as listed below. The “all others” rate applies to all exporters of subject merchandise not listed specifically. We determine that the following weighted-average margin percentages exist for the POI: Manufacturer/exporter Original Final Margin Amended Final Margin Andaman Seafood Co., Ltd. 5.79 5.91 Chanthaburi Seafoods Co., Ltd. 5.79 5.91 Chanthaburi Frozen Food Co., Ltd. 5.79 5.91 Phattana Seafood Co., Ltd. 5.79 5.91 S.C.C. Frozen Seafood Co., Ltd. 5.79 5.91 Thai I-Mei Frozen Foods Co., Ltd. 6.20 5.29 Thailand Fishery Cold Storage Public Co., Ltd. 5.79 5.91 Thai International Seafood Co., Ltd. 5.79 5.91 The Union Frozen Products Co., Ltd. 6.82 6.82 Wales & Company Universe, Ltd. 5.79 5.91 Y2K Frozen Food Co., Ltd. 5.79 5.91 All Others 6.03 5.95 Scope of Order The scope of this order includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, 2 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. 2 “Tails” in this context means the tail fan, which includes the telson and the uropods. The frozen warmwater shrimp and prawn products included in the scope of this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the *Penaeidae* family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp ( *Penaeus vannemei* ), banana prawn ( *Penaeus merguiensis* ), fleshy prawn ( *Penaeus chinensis* ), giant river prawn ( *Macrobrachium rosenbergii* ), giant tiger prawn ( *Penaeus monodon* ), redspotted shrimp ( *Penaeus brasiliensis* ), southern brown shrimp ( *Penaeus subtilis* ), southern pink shrimp ( *Penaeus notialis* ), southern rough shrimp ( *Trachypenaeus curvirostris* ), southern white shrimp ( *Penaeus schmitti* ), blue shrimp ( *Penaeus stylirostris* ), western white shrimp ( *Penaeus occidentalis* ), and Indian white prawn ( *Penaeus indicus* ). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order. Excluded from the scope are: 1) breaded shrimp and prawns (HTS subheading 1605.20.10.20); 2) shrimp and prawns generally classified in the *Pandalidae* family and commonly referred to as coldwater shrimp, in any state of processing; 3) fresh shrimp and prawns whether shell-on or peeled (HTS subheading 0306.23.00.20 and 0306.23.00.40); 4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); 5) dried shrimp and prawns; 6) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); 7) certain dusted shrimp; and 8) certain battered shrimp. Dusted shrimp is a shrimp-based product: 1) that is produced from fresh (or thawed-from-frozen) and peeled shrimp; 2) to which a “dusting” layer of rice or wheat flour of at least 95 percent purity has been applied; 3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; 4) with the non-shrimp content of the end product constituting between four and 10 percent of the product's total weight after being dusted, but prior to being frozen; and 5) that is subjected to individually quick frozen (“IQF”) freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this order are currently classifiable under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this order is dispositive. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing CBP to continue to suspend liquidation of all entries of certain frozen warmwater shrimp from Thailand. CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart above. CBP shall discontinue the suspension of liquidation on canned shrimp products and refund any cash deposits made or bonds posted with respect to this merchandise. These instructions suspending liquidation will remain in effect until further notice. This amended determination and order is issued and published pursuant to section 735(d), 736(a) of the Act, and 19 CFR 351.211. Dated: January 26, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-369 Filed 1-31-05; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-533-840) Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India 1 1 On January 21, 2005, the International Trade Commission

(ITC)notified the Department of Commerce (the Department) of its final determination that two domestic like products exist for the merchandise covered by the Department's investigation: 1) certain non-canned warmwater shrimp and prawns; and 2) canned warmwater shrimp and prawns. The ITC determined that imports of canned warmwater shrimp and prawns from India were negligible; therefore, canned warmwater shrimp and prawns will not be covered by the antidumping duty order. AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 1, 2005. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Jill Pollack, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-3874 or

(202)482-4593, respectively. SUPPLEMENTARY INFORMATION: Amendment to Final Determination In accordance with sections 735(a) and 777(i)(1) of the Tariff Act of 1930, as amended, (the Act), on December 23, 2004, the Department published its notice of final determination of sales at less than fair value

(LTFV)in the investigation of certain frozen and canned warmwater shrimp from India. *See Notice of Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp from India* , 69 FR 76916 (Dec. 23, 2004) ( *Final Determination* ). On December 23, 2004, we received an allegation, timely filed pursuant to 19 CFR 351.224(c)(2), from the petitioners ( *i.e.* , the Ad Hoc Shrimp Trade Action Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp Company) that the Department made a ministerial error with respect to its exclusion of “dusted” shrimp from the scope of this investigation. On December 28, 2004, Eastern Fish Company, Inc., and Long John Silver's, Inc., interested parties in this investigation, submitted a response to the petitioners' December 23, 2004, ministerial error allegation. In addition, on December 30, 2004, we received allegations, timely filed pursuant to 19 CFR 351.224(c)(2), from the petitioners and the respondents ( *i.e.* , Devi Sea Foods Limited (Devi), and Hindustan Lever Limited (HLL)) that the Department also made ministerial errors in the final margin calculations. On January 6, 2004, we received submissions containing rebuttal comments from the petitioners and HLL. After analyzing Devi's, HLL's, and the petitioners' submissions, we have determined, in accordance with 19 CFR 351.224(e), that we made the following ministerial errors in our calculations performed for the final determination: • We inadvertently calculated packing expenses on a per-kilogram basis rather than a per-pound basis for Devi; • We inadvertently failed to use the revised packaging costs submitted at verification in the calculation of Devi's total cost of production; • We inadvertently subtracted HLL's marine insurance revenue from U.S. price, instead of treating it as an offset to movement expenses; and • We inadvertently excluded direct labor costs from our calculation of HLL's variable manufacturing costs. Correcting these errors results in revised margins for Devi and HLL. In addition, we have revised the calculation of the “all others” rate accordingly. For a detailed discussion of all of the ministerial errors alleged by the petitioners and the respondents, as well as the Department's analysis, see the January 24, 2005, memorandum to Louis Apple from the team entitled, “Ministerial Error Allegations in the Final Determination of the Antidumping Duty Investigation on Certain Frozen Warmwater Shrimp from India.” Therefore, in accordance with 19 CFR 351.224(e), we are amending the final determination of sales at LTFV in the antidumping duty investigation of certain frozen warmwater shrimp from India. The revised weighted-average dumping margins are in the “Antidumping Duty Order” section, below. Antidumping Duty Order In accordance with section 735(a) of the Act, the Department made its final determination that certain frozen and canned warmwater shrimp from India is being, or is likely to be, sold in the United States at LTFV. *See Final Determination* . On January 21, 2005, the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(I) of the Act that an industry in the United States is materially injured by reason of LTFV imports of subject merchandise from India. In its final determination, however, the ITC determined that two domestic like products exist for the merchandise covered by the Deparment's investigation: 1) certain non-canned warmwater shrimp and prawns; and 2) canned warmwater shrimp and prawns. The ITC determined pursuant to section 735(b)(1)(B) of the Act that imports of canned warmwater shrimp from India are negligible. Therefore, the ITC's affirmative determination of material injury covered all non-canned warmwater shrimp and prawns other than those specifically excluded in the “Scope of Order” section, below. Accordingly, the scope of the antidumping duty investigation has been amended as described above to reflect the ITC's distinction between certain non-canned warmwater shrimp and prawns and canned warmwater shrimp and prawns. Specifically, canned warmwater shrimp and prawns are excluded from the scope of the order. In cases where the ITC specifically excludes a product in its final injury determination, the Department may exclude that product from its final margin calculation. *See Antidumping Duty Orders; Certain Stainless Steel Plate in Coils from Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan* , 64 FR 27756 (May 21, 1999). However, because the respondents did not export or sell canned warmwater shrimp and prawns to the United States during the period of investigation (POI), no recalculation of the dumping margins is warranted, and therefore we are not amending the final determination calculations to exclude any sales of canned warmwater shrimp and prawn products. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection

(CBP)to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price of the merchandise for all relevant entries of certain frozen warmwater shrimp from India. These antidumping duties will be assessed on all unliquidated entries of certain frozen warmwater shrimp from India entered, or withdrawn from warehouse, for consumption on or after August 4, 2004, the date on which the Department published its *Notice of Preliminary Determination of Sales at Less that Fair Value, Affirmative Preliminary Determination of Critical Circumstances and Postponement of Final Determination: Certain Frozen and Canned Warmwater Shrimp from India* , 69 FR 47111 (Aug. 4, 2004). On or after the date of publication of this antidumping duty order in the **Federal Register** , CBP will require, at the same time that importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average dumping margins as listed below. The “all others” rate applies to all exporters of subject merchandise not listed specifically. We determine that the following weighted-average percentages exist for the POI: Manufacturer/exporter Original Final Margin Amended Final Margin Devi Sea Foods Ltd. 5.02 4.94 Hindustan Lever Ltd. 13.42 15.36 Nekkanti Seafoods Ltd. 9.71 9.71 All Others 9.45 10.17 Scope of Order The scope of this order includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, 2 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. 2 Tails“ in this context means the tail fan, which includes the telson and the uropods. The frozen warmwater shrimp and prawn products included in the scope of this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the *Penaeidae* family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp ( *Penaeus vannemei* ), banana prawn ( *Penaeus merguiensis* ), fleshy prawn ( *Penaeus chinensis* ), giant river prawn ( *Macrobrachium rosenbergii* ), giant tiger prawn ( *Penaeus monodon* ), redspotted shrimp ( *Penaeus brasiliensis* ), southern brown shrimp ( *Penaeus subtilis* ), southern pink shrimp ( *Penaeus notialis* ), southern rough shrimp ( *Trachypenaeus curvirostris* ), southern white shrimp ( *Penaeus schmitti* ), blue shrimp ( *Penaeus stylirostris* ), western white shrimp ( *Penaeus occidentalis* ), and Indian white prawn ( *Penaeus indicus* ). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order. Excluded from the scope are: 1) breaded shrimp and prawns (HTS subheading 1605.20.10.20); 2) shrimp and prawns generally classified in the *Pandalidae* family and commonly referred to as coldwater shrimp, in any state of processing; 3) fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); 5) dried shrimp and prawns; 6) canned warmwater shrimp and prawns (HTS subheading1605.20.10.40); 7) certain dusted shrimp; and 8) certain battered shrimp. Dusted shrimp is a shrimp-based product: 1) that is produced from fresh (or thawed-from-frozen) and peeled shrimp; 2) to which a “dusting” layer of rice or wheat flour of at least 95 percent purity has been applied; 3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; 4) with the non-shrimp content of the end product constituting between four and 10 percent of the product's total weight after being dusted, but prior to being frozen; and 5) that is subjected to individually quick frozen

(IQF)freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this order are currently classifiable under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this order is dispositive. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing CBP to continue to suspend liquidation of all entries of certain frozen warmwater shrimp from India. CPB shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart above. CBP shall discontinue the suspension of liquidation on canned shrimp products and refund any cash deposits made or bonds posted with respect to this merchandise. These instructions suspending liquidation will remain in effect until further notice. This amended determination and order is issued and published pursuant to section 735(d) and 736(a) of the Act, and 19 CFR 351.211. Dated: January 26, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-370 Filed 1-31-05; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-893] Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the People's Republic of China 1 AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: *Effective Date:* February 1, 2005. FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone:

(202)482-3208. 1 On January 21, 2005, the International Trade Commission (“ITC”) notified the Department of its final determination that two domestic like products exist for the merchandise covered by the Department's investigation:

(i)Certain non-canned warmwater shrimp and prawns, as defined above, and

(ii)canned warmwater shrimp and prawns. The ITC determined that there is no injury regarding imports of canned warmwater shrimp and prawns from the PRC, therefore, canned warmwater shrimp and prawns will not be covered by the antidumping order. Amendment to the Final Determination In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended, (“the Act”), on December 8, 2004, the Department of Commerce (“the Department”) published its final determination of sales at less than fair value (“LTFV”) in the investigation of certain frozen and canned warmwater shrimp from the People's Republic of China (“PRC”). *See Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from the People's Republic of China* , 69 FR 70997 (December 8, 2004) (“ *Final Determination* ”) and corresponding “Issues and Decision Memorandum” dated November 29, 2004; *see also Memorandum from Julia Hancock, Case Analyst, through Alex Villanueva, Program Manager, to James Doyle, Office Director, Antidumping Duty Investigation of Certain Frozen and Canned Warmwater Shrimp from the People's Republic of China: Section A Respondents' Issue Memorandum* , dated November 29, 2004 (“ *Section A Respondents Issue Memorandum* ”). Between December 7, 2004, and December 13, 2004, the following parties filed timely allegations that the Department made various ministerial errors in the *Final Determination* . On December 7, 2004, 16 of the 18 Section A Respondents that had been denied a separate rate by the Department in *Final Determination* , filed timely comments alleging ministerial errors in the *Final Determination* : Shantou Sez Xuhao Fastness Freeze Aquatic Factory Co., Ltd., with respect to its denial of a separate rate on the basis of an untranslated sample sales package; ZJ CNF Sea Products Engineering Ltd., Zhoushan Xifeng Aquatic Co., Ltd., Zhejiang Daishan Baofa Aquatic Product Co., Ltd., Zhejiang Taizhou Lingyang Aquatic Products Co., Zhoushan Zhenyang Developing Co., Ltd., Zhejiang Cereals, Oils & Foodstuff Import & Export Co., Ltd., Zhoushan Diciyuan Aquatic Products Co., Ltd., Zhejiang Zhenlong Foodstuffs Co., Ltd., Jinfu Trading Co., Ltd., Taizhou Zhonghuan Industrial Co., Ltd., Zhoushan Haichang Food Co., Zhoushan Putuo Huafa Sea Products Co., Ltd., Zhoushan Industrial Co., Ltd., and Shanghai Linghai Fisheries Economic and Trading Co., with respect to their denial for separate rates on the basis of insufficient evidence of price negotiation; and Zhejiang Evernew Seafood Co., Ltd., with respect to its denial of a separate rate for insufficient evidence of price negotiation and discrepancies with its corporate affiliations. Also on December 7, 2004, Allied Pacific (H.K.) Co., Ltd., Allied Pacific Aquatic Products (Zhangjiang) Co., Ltd., Allied Pacific Food (Dalian) Co., Ltd., Allied Pacific Aquatic Products (Zhongshan) Co., Ltd., and King Royal Investments, Ltd. (collectively, “Allied Pacific”), and Yelin Enterprise Co. Hong Kong (“Yelin”) filed timely allegations that the Department made ministerial errors in the *Final Determination* in the margin calculation of each respondent. On December 8, 2004, Shantou Red Garden Foodstuff Co., Ltd. (“Red Garden”) filed a timely allegation that the Department made ministerial errors in the *Final Determination* with respect to its margin calculation and the use of partial adverse facts available. From December 7, 2004, to December 14, 2004, the Ad Hoc Shrimp Trade Action Committee, Versaggi Shrimp Corporation, and Indian Shrimp Company (collectively “Petitioners”) filed timely allegations that the Department made ministerial errors in the *Final Determination* and rebuttal comments to ministerial error allegations made by the interested parties. On December 13, 2004, Allied Pacific, Yelin, Red Garden, and Zhanjiang Guolian Aquatic Products Co., Ltd. (“Zhanjiang Guolian”), hereinafter referred to collectively as “the Mandatory Respondents,” filed rebuttal comments to ministerial error allegations submitted by the Petitioners. On December 16, 2004, Eastern Fish Company, Inc. (“Eastern Fish”), an importer of frozen shrimp and interested party in these investigations, and Long John Silver's, Inc. (“LJS”), a purchaser of shrimp imported by Eastern Fish filed reply comments rebutting Petitioners' ministerial error allegations. On December 17, 2004, Petitioners filed a letter requesting the Department to reject Eastern Fish and LJS's untimely filing. On December 21, 2004, Eastern Fish and LJS filed additional reply comments to Petitioners' ministerial error allegations. Eastern Fish and LJS's December 16, 2004, and the December 21, 2004, submissions were rejected as replies to comments “must be filed within five days after the date on which the comments were filed with the Secretary.” *See* Section 351.224(c)(3) of the Department's Regulations. *See Letter from Alex Villanueva, Program Manager, China/NME Unit, Office IX to Eastern Fish and LJS Regarding Ministerial Error Allegation Rebuttal Comments* , dated January 26, 2005. A ministerial error is defined as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Department considers ministerial. *See* 19 CFR 351.224(f). After analyzing all interested parties' comments and rebuttal comments, we have determined, in accordance with 19 CFR 351.224(e), that we made ministerial errors in the calculations we performed for the *Final Determination* . For a detailed discussion of these ministerial errors, as well as the Department's analysis, see *Antidumping Duty Investigation of Certain Frozen Warmwater Shrimp from the People's Republic of China: Analysis of Allegations of Ministerial Error from the Mandatory Respondents and Section A Respondents* , dated January 26, 2005. Additionally, in the *Final Determination* , we determined that several companies qualified for a separate-rate. The margin we calculated in the *Final Determination* for these companies was 55.23 percent. Because the rates of the selected Mandatory Respondents have changed since the *Final Determination* , we have recalculated the rate for the Section A Respondents which the Department determined to be entitled to a separate rate. The rate for Section A Respondents is now 53.68 percent. *See Memorandum to the File from John D. A. LaRose through Alex Villanueva Regarding the Calculation of Section A Rate* , dated January 26, 2005. Therefore, in accordance with 19 CFR 351.224(e), we are amending the *Final Determination* of sales at LTFV in the antidumping duty investigation of certain frozen warmwater shrimp from the PRC. The revised weighted-average dumping margins are in the “Antidumping Duty Order” section, below. Antidumping Duty Order In accordance with section 735(a) of the Act, the Department made its final determination that certain frozen and canned warmwater shrimp from the PRC is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Act. *See Final Determination* . On January 21, 2005, the ITC notified the Department of its final determination pursuant to 735(b)(1)(A)(i) of the Act that an industry in the United States is materially injured by reason of LTFV imports of subject merchandise from the PRC. In its final determination, however, the ITC determined that two domestic like products exist for the merchandise covered by the Department's investigation:

(i)Certain non-canned warmwater shrimp and prawns, as defined below, and

(ii)canned warmwater shrimp and prawns. The ITC determined pursuant to section 735(b)(1) that a domestic industry in the United States is not materially injured or threatened with material injury by reason of imports of canned warmwater shrimp and prawns from the PRC. Therefore, the ITC's affirmative determination of material injury covered all certain non-canned warmwater shrimp and prawns other than those specifically excluded under the “Scope of the Order” section below. Accordingly, the scope of the antidumping duty order has been amended to reflect the ITC's distinction between certain non-canned warmwater shrimp and canned prawns warmwater shrimp and prawns. Specifically, canned warmwater shrimp and prawns are excluded from the scope of the order. In cases where the ITC specifically excludes a product in its final injury determination, the Department may exclude that product from its final margin calculation. *See Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan* , 64 FR 27756 (May 21, 1999). However, because the Mandatory Respondents did not export or sell canned warmwater shrimp and prawns to the United States during the period of investigation (“POI”), no recalculation of the antidumping margins is warranted, and therefore we are not amending the final determination calculations to exclude any sales of canned warmwater shrimp and prawn products. In addition, the ITC notified the Department of its final determination that critical circumstances do not exist with respect to imports of subject merchandise from all producers and exporters from the PRC. Therefore, the Department will instruct U.S. Customs and Border Protection (“CBP”) to lift suspension and to release any bond or other security, and refund any cash deposit made, to secure the payment of antidumping duties with respect to entries of the merchandise entered, or withdrawn from warehouse, for consumption prior to the date of publication of the preliminary determination in the **Federal Register** . *See Notice of Preliminary Determination of Sales at Less than Fair Value and Postphonement of Final Determination: Certain Frozen and Canned Warmwater Shrimp from the People's Republic of China* , 69 FR 42654 (July 16, 2004) (“ *Preliminary Determination* ”). In accordance with section 736(a)(1) of the Act, the Department will direct CBP to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price of the merchandise for all relevant entries of certain frozen warmwater shrimp from the PRC. These antidumping duties will be assessed on all unliquidated entries of certain frozen warmwater shrimp and prawns from the PRC entered, or withdrawn from the warehouse, for consumption on or after July 16, 2004, the date on which the Department published its *Preliminary Determination* , 69 FR 42672 (July 16, 2004). Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of certain frozen and canned warmwater shrimp, we extended the four-month period to no more than six months. *See Preliminary Determination* . In this investigation, the six-month period beginning on the date of the publication of the *Preliminary Determination* ended on January 12, 2005. Definitive duties are to begin on the date of publication of the ITC's final injury determination. *See* Section 737 of the Act. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of certain frozen and canned warmwater shrimp from the PRC entered, or withdrawn from warehouse, for consumption on or after January 12, 2005, and before the date of publication of the ITC's final injury determination in the **Federal Register** . Suspension of liquidation will continue on or after this date. On or after the date of publication of the ITC's notice of final determination in the **Federal Register** , CBP will require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins as listed below. The “PRC-wide” rate applies to all exporters of subject merchandise not listed specifically. Imports of the noted canned warmwater shrimp and prawns will not be covered by this order. We determine that the following percentage weighted-average margins exist for the POI: Certain Frozen and Canned Warmwater Shrimp From China Manufacturer/exporter Weighted-average margin (percent) Mandatory Respondents Allied Pacific Group 80.19 Yelin Enterprise Co. Hong Kong 82.27 Shantou Red Garden Foodstuff Co., Ltd. 27.89 Zhanjiang Guolian Aquatic Products Co., Ltd. 0.07 PRC-Wide Margin 112.81 Section A—Respondents Receiving Separate Rate Asian Seafoods (Zhanjiang) Co., Ltd. 53.68 Beihai Zhengwu Industry Co., Ltd. 53.68 Chaoyang Qiaofeng Group Co., Ltd.; (Shantou Qiaofeng (Group) Co., Ltd.); (Shantou/Chaoyang Qiaofeng) 53.68 Chenghai Nichi Lan Food Co., Ltd. 53.68 Dalian Ftz Sea-Rich International Trading Co., Ltd. 53.68 Dongri Aquatic Products Freezing Plants 53.68 Fuqing Dongwei Aquatic Products Industry Co., Ltd. 53.68 Gallant Ocean (Liangjiang) Co., Ltd. 53.68 Hainan Fruit Vegetable Food Allocation Co., Ltd. 53.68 Hainan Golden Spring Foods Co., Ltd./Hainan Brich Aquatic Products Co., Ltd. 53.68 Jinfu Trading Co., Ltd. 53.68 Kaifeng Ocean Sky Industry Co., Ltd. 53.68 Leizhou Zhulian Frozen Food Co., Ltd. 53.68 Pingyang Xinye Aquatic Products Co., Ltd. 53.68 Savvy Seafood Inc. 53.68 Shanghai Taoen International Trading Co., Ltd 53.68 Shantou Wanya Food Factory Co., Ltd. 53.68 Shantou Jinyuan District Mingfeng Quick-Frozen Factory 53.68 Shantou Long Feng Foodstuffs Co., Ltd. (Shantou Longfeng Foodstuffs Co., Ltd.) 53.68 Shantou Ocean Freezing Industry and Trade General Corporation 53.68 Shantou Shengping Oceanstar Business Co., Ltd. 53.68 Shantou Yuexing Enterprise Company 53.68 Shantou Ruiyuan Industry Co., Ltd. 53.68 Shantou Freezing Aquatic Product Food Stuffs Co. 53.68 Shantou Jinhang Aquatic Industry Co., Ltd. 53.68 Xuwen Hailang Breeding Co., Ltd. 53.68 Yantai Wei-Cheng Food Co., Ltd. 53.68 Zhangjiang Bobogo Ocean Co., Ltd. 53.68 Zhangjiang Newpro Food Co., Ltd. 53.68 Zhanjiang Go-Harvest Aquatic Products Co., Ltd. 53.68 Zhanjiang Runhai Foods Co., Ltd. 53.68 Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd. 53.68 Zhanjiang Universal Seafood Corp. 53.68 Zhejiang Cereals, Oils & Foodstuff Import & Export Co., Ltd. 53.68 Zhoushan Xifeng Aquatic Co., Ltd. 53.68 Zhoushan Huading Seafood Co., Ltd. 53.68 Zhoushan Cereals, Oils and Foodstuffs Import and Export Co., Ltd. 53.68 Zhoushan Lizhou Fishery Co., Ltd. 53.68 Zhoushan Diciyuan Aquatic Products Co., Ltd. 53.68 Scope of the Order The scope of this order includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, 2 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. 2 “Tails” in this context means the tail fan, which includes the telson and the uropods. The frozen warmwater shrimp and prawn products included in the scope of this investigation, regardless of definitions in the Harmonized Tariff Schedule of the United States (“HTS”), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the *Penaeidae* family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp ( *Penaeus vannemei* ), banana prawn ( *Penaeus merguiensis* ), fleshy prawn ( *Penaeus chinensis* ), giant river prawn ( *Macrobrachium rosenbergii* ), giant tiger prawn ( *Penaeus monodon* ), redspotted shrimp ( *Penaeus brasiliensis* ), southern brown shrimp ( *Penaeus subtilis* ), southern pink shrimp ( *Penaeus notialis* ), southern rough shrimp ( *Trachypenaeus curvirostris* ), southern white shrimp ( *Penaeus schmitti* ), blue shrimp ( *Penaeus stylirostris* ), western white shrimp ( *Penaeus occidentalis* ), and Indian white prawn ( *Penaeus indicus* ). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this investigation. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this investigation. Excluded from the scope are:

(1)Breaded shrimp and prawns ( HTS subheading 1605.20.10.20);

(2)shrimp and prawns generally classified in the *Pandalidae* family and commonly referred to as coldwater shrimp, in any state of processing;

(3)fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40);

(4)shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10);

(5)dried shrimp and prawns;

(6)Lee Kum Kee's shrimp sauce;

(7)canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40);

(8)certain dusted shrimp; and

(9)certain battered shrimp. Dusted shrimp is a shrimp-based product:

(1)That is produced from fresh (or thawed-from-frozen) and peeled shrimp;

(2)to which a “dusting” layer of rice or wheat flour of at least 95 percent purity has been applied;

(3)with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour;

(4)with the non-shrimp content of the end product constituting between four and 10 percent of the product's total weight after being dusted, but prior to being frozen; and

(5)that is subjected to individually quick frozen (“IQF”) freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this investigation are currently classified under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this investigation is dispositive. Continuation of Suspension of Liquidation Pursuant to 735(c)(1)(B) of the Act, we will instruct CBP to suspend liquidation of all entries of certain frozen warmwater shrimp and prawns from the PRC (except merchandise produced and exported by Zhanjiang Guolian because this company has a *de minimis* margin) entered, or withdrawn from warehouse, for consumption on or after July 16, 2004, the date of publication of the *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 shown above. These instructions suspending liquidation will remain in effect until further notice. With regard to canned warmwater shrimp and prawns, CBP shall discontinue suspension of liquidation of all shipments of this merchandise entered, or withdrawn from warehouse, for consumption on or after July 16, 2004. All estimated antidumping duties deposited on entries of the canned warmwater shrimp and prawns from the PRC shall be refunded and the bonds or other security released at the time of liquidation. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211. January 26, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-371 Filed 1-31-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-552-802] Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam 1 AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: *Effective Date:* February 1, 2004. FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone:

(i)Certain non-canned warmwater shrimp and prawns, and

(ii)canned warmwater shrimp and prawns. The ITC determined that there is no injury regarding imports of canned warmwater shrimp and prawns from Vietnam, therefore, canned warmwater shrimp and prawns will not be covered by the antidumping order. Amendment to the Final Determination In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended, (“the Act”) on December 8, 2004, the Department of Commerce (“the Department”) published its final determination of sales at less than fair value (“LTFV”) in the investigation of certain frozen and canned warmwater shrimp from the Socialist Republic of Vietnam (“Vietnam”). *See Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from the Socialist Republic of Vietnam* , 69 FR 71005 (December 8, 2004) (“ *Final Determination* ”). *See Final Determination* and corresponding “Issues and Decision Memorandum” dated November 29, 2004; *see also Memorandum from Nicole Bankhead, Case Analyst, through Alex Villanueva, Program Manager, to James Doyle, Office Director, Antidumping Duty Investigation of Certain Frozen and Canned Warmwater Shrimp from the Socialist Republic of Vietnam: Final Determination Separate Rates Memorandum for Section A Respondents* , dated November 29, 2004 (“Final Separate Rates Memo”). Between December 7, 2004, and December 13, 2004, the following parties filed timely allegations that the Department made various ministerial errors in the *Final Determination* . On December 7, 2004, five Section A Respondents, Truc An Company (“Truc An”), Hai Thuan Export Seaproducts Processing Co., Ltd. (“Hai Thuan”), Nha Trang Fisheries Co., Ltd. (“Nha Trang Fisheries”), Ngoc Sinh Seafoods (“Ngoc Sinh”), and Phuong Nam Co., Ltd. (“Phuong Nam”), which had been denied a separate rate by the Department in the *Final Determination,* filed timely requests pursuant to 19 CFR 351.224(e)(1) and

(2)requesting that the Department correct alleged ministerial errors in the *Final Determination.* Also on December 7, 2004, the VASEP Shrimp Committee filed ministerial errors regarding additional names to provide in the Department's instructions to the U.S. Customs and Border Protection (“CBP”) to be issued after the final determination. Camau Frozen Seafood Processing Import Export Corporation (“Camimex”), Minh Phu Seafood Corporation (“Min Phu”) and Minh Hai Joint Stock Seafoods Processing Company (“Seaprodex Minh Hai”), hereinafter collectively referred to as “the Mandatory Respondents,” also filed timely allegations that the Department made ministerial errors in the *Final Determination* . The Ad Hoc Shrimp Trade Action Committee, Versaggi Shrimp Corporation and Indian Ridge Shrimp Company, hereinafter referred to collectively as “Petitioners,” filed timely allegations that the Department made ministerial errors in the *Final Determination* . Additionally, on December 7, 2004, Red Chamber on behalf of Phuong Nam filed timely allegations that the Department made ministerial errors in the *Final Determination* . However, because Red Chamber submitted new information in its error allegation, the Department sent Red Chamber a letter requesting that it retract the new information from its December 7, 2004, filing in accordance with section 351.302(d) of the Department's regulations and re-submit it without the new information on December 13, 2004. On December 17, 2004, Red Chamber re-submitted its ministerial error allegation without the new information. On December 13, 2004, Petitioners filed comments rebutting the Section A Respondents' and Mandatory Respondents' ministerial error allegations. The Mandatory Respondents also submitted comments on December 13, 2004, rebutting Petitioners' ministerial error allegations. On December 16, 2004, Eastern Fish Company, Inc. (“Eastern Fish”), an importer of frozen shrimp and interested party in these investigations, and Long John Silver's, Inc. (“LJS”), a purchaser of shrimp imported by Eastern Fish filed reply comments rebutting Petitioners' ministerial error allegations. On December 17, 2004, Petitioners filed a letter requesting the Department to reject Eastern Fish and LJS's untimely filing. On December 21, 2004, Eastern Fish and LJS filed additional reply comments to Petitioners' ministerial error allegations. Eastern Fish and LJS's December 16, 2004, and the December 21, 2004, submissions were rejected as replies to comments “must be filed within five days after the date on which the comments were filed with the Secretary.” *See* Section 351.224(c)(3) of the Department's regulations. *See Letter from Alex Villanueva, Program Manager, China/NME Unit, Office IX to Eastern Fish and LJS Regarding Ministerial Error Allegation Rebuttal Comments* , dated January 26, 2005. A ministerial error is defined as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Department considers ministerial. *See* 19 CFR 351.224(f). After analyzing all interested party comments and rebuttals, we have determined, in accordance with 19 CFR 351.224(e), that we made ministerial errors in our calculations performed for the final determination. For a detailed discussion of these ministerial errors, as well as the Department's analysis, *see Antidumping Duty Investigation of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Analysis of Allegations of Ministerial Error from the Mandatory Respondents and Section A Respondents* , dated January 26, 2005. Additionally, in the *Final Determination* , we determined that several companies qualified for a separate-rate. The margin we calculated in the Final Determination for these companies was 4.38 percent. Because the rates of the selected mandatory respondents have changed since the *Final Determination* , we have recalculated the rate for Section A respondents. The rate is 4.57 percent. *See Memorandum to the File from Paul Walker, Amended Calculation of Section A Rate* , dated January 26, 2005. Therefore, in accordance with 19 CFR 351.224(e), we are amending the final determination of sales at LTFV in the antidumping duty investigation of certain frozen warmwater shrimp from Vietnam. The revised weighted-average dumping margins are in the “Antidumping Duty Order” section, below. Antidumping Duty Order In accordance with section 735(a) of the Act, the Department made its final determination that certain frozen and canned warmwater shrimp from Vietnam is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Act. See Final Determination. On January 21, 2005, the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(i) of the Act that an industry in the United States is materially injured by reason of LTFV imports of subject merchandise from Vietnam. In its final determination, however, the ITC determined that two domestic like products exist for the merchandise covered by the Department's investigation:

(i)Certain non-canned warmwater shrimp and prawns, as defined below, and

(ii)canned warmwater shrimp and prawns. The ITC determined pursuant to section 735(b)(1) that a domestic industry in the United States is not materially injured or threatened with material injury by reason of imports of canned warmwater shrimp and prawns from Vietnam. Therefore, the ITC's affirmative determination of material injury covered all certain non-canned warmwater shrimp and prawns other than those specifically excluded under the “Scope of the Order” section below. Accordingly, the scope of the antidumping duty order has been amended as described below to reflect the ITC's distinction between canned warmwater shrimp and prawns and certain non-canned warmwater shrimp and prawns. Specifically, canned warmwater shrimp and prawns are excluded from the scope of the order. In cases where the ITC specifically excludes a product in its final injury determination, the Department may exclude that product from its final margin calculation. *See Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan,* 64 FR 27756 (May 21, 1999). However, because the Mandatory Respondents did not export or sell canned warmwater shrimp and prawns to the United States during the POI, no recalculation of the antidumping margins is warranted, and therefore we are not amending the final determination calculations to exclude any sales of canned warmwater shrimp and prawn products. In accordance with section 736(a)(1) of the Act, the Department will direct CBP to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price of the merchandise for all relevant entries of certain frozen warmwater shrimp from Vietnam. These antidumping duties will be assessed on all unliquidated entries of certain frozen warmwater shrimp from Vietnam entered, or withdrawn from the warehouse, for consumption on or after July 16, 2004, the date on which the Department published its *Notice of Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances and Postponement of Final Determination: Certain Frozen and Canned Warmwater Shrimp from the Socialist Republic of Vietnam* (“ *Preliminary Determination* ”) 69 FR 42672 (July 16, 2004). Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of certain frozen and canned warmwater shrimp, we extended the four-month period to no more than six months. *See Preliminary Determination.* In this investigation, the six-month period beginning on the date of the publication of the *Preliminary Determination* ended on January 12, 2005. Definitive duties are to begin on the date of publication of the ITC's final injury determination. *See* Section 737 of the Act. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of certain frozen and canned warmwater shrimp from Vietnam entered, or withdrawn from warehouse, for consumption on or after January 12, 2005, and before the date of publication of the ITC 's final injury determination in the **Federal Register** . Suspension of liquidation will continue on or after this date. On or after the date of publication of the ITC's notice of final determination in the **Federal Register** , CBP will require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins as listed below. The “Vietnam-wide” rate applies to all exporters of subject merchandise not listed specifically. Imports of the noted canned warmwater shrimp and prawns will not be covered by this order. We determine that the following percentage weighted-average margins exist for the POI: Certain Frozen Warmwater Shrimp From Vietnam Manufacturer/exporter Weighted-average margin (percent) Mandatory Respondents Camau Frozen Seafood Processing Import Export Corporation 2 5.24 Kim Anh Company Limited 3 25.76 Minh Phu Seafood Corporation 4 4.38 Minh Hai Joint Stock Seafoods Processing Company 5 4.30 Vietnam-Wide Margin 25.76 Section A Respondents Amanda Foods (Vietnam) Ltd. 6 4.57 Aquatic Products Trading Company 7 4.57 Bac Lieu Fisheries Company Limited 8 4.57 Coastal Fisheries Development Corporation 9 4.57 Cai Doi Vam Seafood Import-Export Company 10 4.57 Cam Ranh Seafoods Processing Enterprise Company 11 4.57 Can Tho Agriculture and Animal Products Import Export Company 12 4.57 Cantho Animal Fisheries Product Processing Export Enterprise 13 4.57 C.P. Vietnam Livestock Co. Ltd. 4.57 Cuu Long Seaproducts Company 14 4.57 Danang Seaproducts Import Export Corporation 15 4.57 Hanoi Seaproducts Import Export Corporation 16 4.57 Investment Commerce Fisheries Corporation 17 4.57 Kien Giang Sea-Product Import-Export Company 18 4.57 Minh Hai Export Frozen Seafood Processing Joint-Stock Company 19 4.57 Minh Hai Seaproducts Import Export Corporation 20 4.57 Ngoc Sinh Private Enterprise 21 4.57 Nha Trang Fisheries Joint Stock Company 22 4.57 Nha Trang Seaproduct Company 23 4.57 Pataya Food Industries (Vietnam) Ltd. 24 4.57 Phu Cuong Seafood Processing and Import-Export Company Limited 25 4.57 Phuong Nam Co. Ltd. 26 4.57 Sao Ta Foods Joint Stock Company 27 4.57 Soc Trang Aquatic Products and General Import Export Company 28 4.57 Song Huong ASC Import-Export Company Ltd. 29 4.57 Thuan Phuoc Seafoods and Trading Corporation 30 4.57 UTXI Aquatic Products Processing Company 31 4.57 Viet Foods Co., Ltd. 32 4.57 Viet Nhan Company 4.57 Viet Hai Seafood Company Ltd. 33 4.57 Vinh Loi Import Export Company 34 4.57 2 Also known as Camimex and Camau Seafood Factory No. 4. 3 Not a separate rate. 4 Also known as Minh Phu Seafood Export-Import Corporation, Minh Phu, Minh Phu Seafood Pte., Minh Qui Seafood Co. Ltd., Minh Qui, Minh Phat Seafood Co. Ltd. and Minh Phat. 5 Also known as Seaprodex Minh Hai. 6 Also known as Amanda VN and Amanda. 7 Also known as APT and A.P.T. Co. 8 Also known as Bac Lieu, BACLIEUFIS, Bac Lieu Fis, Bac Lieu Fisheries Co. Ltd., Bac Lieu Fisheries Limited Company and Bac Lieu Fisheries Company Ltd. 9 Also known as COFIDEC. 10 Also known as Cadovimex. 11 Also known as Cam Ranh. 12 Also known as Cataco, Duyen Hai Foodstuffs Processing Factory, Caseafood, Coseafex and Cantho Seafood Export. 13 Also known as Cafatex, Cafatex Vietnam, Xi Nghiep Che Bien Thuy Suc San Xuat Khau Can Tho, CAS, CAS Branch, Cafatex Saigon, Cafatex Fishery Joint Stock Corporation, Cafatex Corporation and Taydo Seafood Enterprise. 14 Also known as Cuu Long Seapro. 15 Also known as Seaprodex Danang, Tho Quang Seafood Processing and Export Company and Tho Quang. 16 Also known as Seaprodex Hanoi. 17 Also known as INCOMFISH, Investment Commerce Fisheries Corp., INCOMFISH CORP. and INCOMFISH CORPORATION. 18 Also known as KISIMEX, Kien Giang Seaproduct Import & Export Company, Kien Giang Seaproduct Import and Export Company, Kien Giang Seaproduct Import Export Co., Kien Giang Sea Product Import & Export Co., Kien Giang Sea Product Import and Export Company, Kien Giang Sea Product Import & Export Company, Kien Giang Sea Product Import & Export Co. and Kien Giang Sea Product Im. & Ex. Co. 19 Also known as Minh Hai Jostoco. 20 Also known as Seaprimexco. 21 Also known as Ngoc Sinh Seafoods, Ngoc Sinh Fisheries, Ngoc Sinh Private Enterprises, Ngoc Sinh Seafoods Processing and Trading Enterprises and Ngoc Sinh. 22 Also known as Nhatrang Fisheries Joint Stock Company, Nha Trang Fisco and Nhatrang Fisco. 23 Also known as Nha Trang Seafoods. 24 Also known as Pataya VN. 25 Also known as Phu Cuong Seafood Processing Import-Export Company Ltd., Phu Cuong Co., Phu Cuong, Phu Cuong Seafood Processing & Import-Export Co. Ltd., Phu Cuong Seafood Processing, Phu Cuong Co. Ltd. and Phu Cuong Seafood Processing Import & Export Company Limited. 26 Also known as Phuong Nam Company Limited and Phuong Nam. 27 Also known as Fimex VN, Saota Seafood Factory and Sao Ta Seafood Factory. 28 Also known as STAPIMEX. 29 Also known as Song Huong ASC Joint Stock Company, SOSEAFOOD, ASC, Song Huong Import Export Seafood Joint Stock Company, Song Huong Import-Export Seafood Joint Stock Company, Song Huong Import Export Seafood Company, Song Huong Seafood Import-Export Company, Song Huong Seafood Import Export Co., Song Huong Seafood Im-Export Co., SongHuong and Songhuong Joint Stock Company. 30 Also known as Frozen Seafoods Factory No. 32. 31 Also known as UTXI, UTXI Co. Ltd., UT XI Aquatic Products Processing Company and UT-XI Aquatic Products Processing Company. 32 Also known as Viet Foods, Nam Hai Exports Food Stuff Limited, Nam Hai Export Foodstuff Company Ltd., Vietfoods Co. Ltd., Viet Foods Company Limited and Vietfoods Company Limited. 33 Also known as Vietnam FishOne, Vietnam Fish-One Company Co. Ltd., Vietnam Fish-One, Vietnam Fish-One Co. Ltd., Vietnam Fish One Co. Ltd., Vietnam Fish One Company Limited and Vietnam Fish-One Company Limited. 34 Also known as VIMEXCO, Vinh Loi Import/Export Co., VIMEX, VinhLoi Import Export Company and Vinh Loi Import-Export Company. Scope of the Order The scope of this order includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, 35 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. 35 “Tails” in this context means the tail fan, which includes the telson and the uropods. The frozen warmwater shrimp and prawn products included in the scope of this investigation, regardless of definitions in the Harmonized Tariff Schedule of the United States (“HTS”), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the *Penaeidae* family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp ( *Penaeus vannemei* ), banana prawn ( *Penaeus merguiensis* ), fleshy prawn ( *Penaeus chinensis* ), giant river prawn ( *Macrobrachium rosenbergii* ), giant tiger prawn ( *Penaeus monodon* ), redspotted shrimp ( *Penaeus brasiliensis* ), southern brown shrimp ( *Penaeus subtilis* ), southern pink shrimp ( *Penaeus notialis* ), southern rough shrimp ( *Trachypenaeus curvirostris* ), southern white shrimp ( *Penaeus schmitti* ), blue shrimp ( *Penaeus stylirostris* ), western white shrimp ( *Penaeus occidentalis* ), and Indian white prawn ( *Penaeus indicus* ). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this investigation. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this investigation. Excluded from the scope are:

(1)Breaded shrimp and prawns (HTS subheading 1605.20.10.20);

(2)shrimp and prawns generally classified in the *Pandalidae* family and commonly referred to as coldwater shrimp, in any state of processing;

(3)fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40);

(4)shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10);

(5)dried shrimp and prawns;

(6)canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40);

(7)certain dusted shrimp; and

(8)certain battered shrimp. Dusted shrimp is a shrimp-based product:

(1)That is produced from fresh (or thawed-from-frozen) and peeled shrimp;

(2)to which a “dusting” layer of rice or wheat flour of at least 95 percent purity has been applied;

(3)with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour;

(4)with the non-shrimp content of the end product constituting between four and 10 percent of the product's total weight after being dusted, but prior to being frozen; and

(5)that is subjected to individually quick frozen (“IQF”) freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this investigation are currently classified under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this investigation is dispositive. Continuation of Suspension of Liquidation Pursuant to 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation of all entries of certain frozen warmwater shrimp and prawns from Vietnam entered, or withdrawn from warehouse, for consumption on or after July 16, 2004, the date of publication of the *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 shown above. These instructions suspending liquidation will remain in effect until further notice. With regard to canned warmwater shrimp and prawns, CBP shall discontinue suspension of liquidation of all shipments of this merchandise entered, or withdrawn from warehouse, for consumption on or after July 16, 2004. All estimated antidumping duties deposited on entries of the canned warmwater shrimp and prawns from Vietnam shall be refunded and the bonds or other security released at the time of liquidation. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: January 26, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-372 Filed 1-31-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration (A-331-802) Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from Ecuador 1 1 On January 21, 2005, the International Trade Commission

(ITC)notified the Department of Commerce (the Department) of its final determination that two domestic like products exist for the merchandise covered by the Department's investigation: 1) certain non-canned warmwater shrimp and prawns; and 2) canned warmwater shrimp and prawns. The ITC determined that imports of canned warmwater shrimp and prawns from Ecuador were negligible; therefore, canned warmwater shrimp and prawns will not be covered by the antidumping duty order. AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 1, 2005. FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Terre Keaton, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-4136, or

(202)482-1280, respectively. SUPPLEMENTARY INFORMATION: Amendment to Final Determination In accordance with sections 735(a) and 777(i)(1) of the Tariff Act of 1930, as amended, (the Act), on December 23, 2004, the Department published its notice of final determination of sales at less than fair value

(LTFV)in the investigation of certain frozen and canned warmwater shrimp (shrimp) from Ecuador. *See Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from Ecuador* , 69 FR 76913 (Dec. 23, 2004) ( *Final Determination* ). On December 23, 2004, we received an allegation, timely filed pursuant to 19 CFR 351.224(c)(2), from the petitioners ( *i.e.* , Ad Hoc Shrimp Trade Action Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp Company) that the Department made a ministerial error with respect to its exclusion of “dusted” shrimp from the scope if this investigation. On December 28, 2004, Eastern Fish Company, Inc., and Long John Silver's Inc., interested parties in this investigation, submitted a response to the petitioners' December 23, 2004, ministerial error allegation. In addition, on December 30, 2004, we received allegations, timely filed pursuant to 19 CFR 351.224(c)(2), from the petitioners and the respondents ( *i.e.* , Exportadora de Alimentos S.A. and (Expalsa) and Promarisco S.A. (Promarisco)) that the Department also made ministerial errors in the final margin calculations. On January 6, 2005, Exporklore S.A. (Exporklore) submitted rebuttal comments to the petitioners' December 30, 2004, ministerial error allegation. On January 10, 2005, the petitioners submitted rebuttal comments to Expalsa's allegations, and Expalsa submitted rebuttal comments to the petitioners' allegations. After analyzing Expalsa's, Exporklore's, Promarisco's, and the petitioners' submissions, we have determined, in accordance with 19 CFR 351.224(e), that we made the following ministerial errors in our calculations performed for the final determination: • We made a ministerial error by using the wrong packing expense variable for weight-averaging U.S. packing expenses in Expalsa's margin program; • We made a typographical error in the computer programming language intended to exclude substandard merchandise in Expalsa's final determination comparison market and margin programs; • We made a ministerial error in Expalsa's comparison market program by incorrectly applying the returned sales expenses to all Italian sales made after a certain date, rather than to sales made only to a specific customer after that date; • We made a ministerial error in revising Expalsa's raw material costs for certain shrimp products by applying the wrong yield factors in our adjustments for these products, thereby overstating Expalsa's raw material costs; • We made a typographical error in the computer programming language intended to exclude substandard merchandise in Exporklore's final determination comparison market and margin programs; • We made a ministerial error with respect to the programming language used in the comparison market and margin calculation programs to revise the count-size ranges for certain shrimp products Exporklore sold to Italian and U.S. customers; • We made a ministerial error by incorrectly inputting an invoice number in Exporklore's comparison market program for the purpose of correcting a billing adjustment; • We made a ministerial error by transposing two computer variable names for weight-averaging constructed value selling expenses in the Promarisco comparison market program; • We made a ministerial error in the programming language for re-allocating U.S. commission and brokerage handling expenses on certain U.S. sales in the Promarisco margin calculation program; • We made a ministerial error in the programming language in the Promarisco comparison market and margin calculation programs for re-coding the count size for certain products. Correcting these errors results in revised margins for Expalsa, Exporklore, and Promarisco. The revised margin for Expalsa is *de minimis* ; therefore, shrimp produced by Expalsa is excluded from the order. In addition, we have revised the calculation of the “all others” rate accordingly. For a detailed discussion of the ministerial errors alleged by the petitioners and the respondents, as well as the Department's analysis, see the January 24, 2005, memorandum to Louis Apple from the Team entitled “Ministerial Error Allegations in the Final Determination of the Antidumping Duty Investigation on Certain Frozen Warmwater Shrimp from Ecuador.” Therefore, in accordance with 19 CFR 351.224(e), we are amending the final determination of sales at LTFV in the antidumping duty investigation of certain frozen warmwater shrimp from Ecuador. The revised weighted-average dumping margins are in the “Antidumping Duty Order” section, below. Antidumping Duty Order In accordance with section 735(a) of the Act, the Department made its final determination that certain frozen and canned warmwater shrimp from Ecuador is being, or is likely to be, sold in the United States at LTFV. *See Final Determination* . On January 21, 2005, the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(I) of the Act that an industry in the United States is materially injured by reason of LTFV imports of subject merchandise from Ecuador. In its final determination, however, the ITC determined that two domestic like products exist for the merchandise covered by the Department's investigation: 1) certain non-canned warmwater shrimp and prawns; and 2) canned warmwater shrimp and prawns. The ITC determined pursuant to section 735(b)(1)(B) of the Act that imports of canned warmwater shrimp from Ecuador are negligible. Therefore, the ITC's affirmative determination of material injury covered all non-canned warmwater shrimp and prawns other than those specifically excluded in the “Scope of Order” section, below. Accordingly, the scope of the antidumping duty investigation has been amended as described above to reflect the ITC's distinction between certain non-canned warmwater shrimp and prawns and canned warmwater shrimp and prawns. Specifically, canned warmwater shrimp and prawns are excluded from the scope of the order. In cases where the ITC specifically excludes a product in its final injury determination, the Department may exclude that product from its final margin calculation. *See Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan* , 64 FR 27756 (May 21, 1999). However, because the respondents did not export or sell canned warmwater shrimp and prawns to the United States during the period of investigation (POI), no recalculation of the dumping margins is warranted, and therefore we are not amending the final determination calculations to exclude any sales of canned warmwater shrimp and prawn products. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection

(CBP)to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price of the merchandise for all relevant entries of certain frozen warmwater shrimp from Ecuador, except for entries of merchandise produced by Expalsa. These antidumping duties will be assessed on all unliquidated entries of certain frozen warmwater shrimp from Ecuador, except for entries of Expalsa merchandise, entered, or withdrawn from the warehouse, for consumption on or after August 4, 2004, the date on which the Department published its *Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Certain Frozen and Canned Warmwater Shrimp from Ecuador* , (“ *Preliminary Determination* ”), 69 FR 47091 (August 4, 2004). On or after the date of publication of this antidumping duty order in the **Federal Register** , CBP will require, at the same time that importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average dumping margins as listed below. The “all others” rate applies to all exporters of subject merchandise not listed specifically. We determine that the following weighted-average margin percentages exist for the POI: Manufacturer/exporter Original Final Margin Amended Final Margin Exportadora de Alimentos S.A. (Expalsa) 2.62% 1.97% ( *de minimis* ) Exporklore S.A. (Exporklore) 2.35% 2.48% Promarisco S.A. (Promarisco) 4.48% 4.42% All Others Rate 3.26% 3.58% Scope of Order The scope of this order includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, * 2 * deveined or not deveined, cooked or raw, or otherwise processed in frozen form. 2 “Tails” in this context means the tail fan, which includes the telson and the uropods. The frozen warmwater shrimp and prawn products included under the scope of this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the *Penaeidae* family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp ( *Penaeus vannemei* ), banana prawn ( *Penaeus merguiensis* ), fleshy prawn ( *Penaeus chinensis* ), giant river prawn ( *Macrobrachium rosenbergii* ), giant tiger prawn ( *Penaeus monodon* ), redspotted shrimp ( *Penaeus brasiliensis* ), southern brown shrimp ( *Penaeus subtilis* ), southern pink shrimp ( *Penaeus notialis* ), southern rough shrimp ( *Trachypenaeus curvirostris* ), southern white shrimp ( *Penaeus schmitti* ), blue shrimp ( *Penaeus stylirostris* ), western white shrimp ( *Penaeus occidentalis* ), and Indian white prawn ( *Penaeus indicus* ). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order. Excluded from the scope are: 1) breaded shrimp and prawns (HTS subheading 1605.20.10.20); 2) shrimp and prawns generally classified in the *Pandalidae* family and commonly referred to as coldwater shrimp, in any state of processing; 3) fresh shrimp and prawns whether shell-on or peeled (HTS subheading 0306.23.00.20 and 0306.23.00.40); 4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); 5) dried shrimp and prawns; 6) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); 7) certain dusted shrimp; and 8) certain battered shrimp. Dusted shrimp is a shrimp-based product: 1) that is produced from fresh (or thawed-from-frozen) and peeled shrimp; 2) to which a “dusting” layer of rice or wheat flour of at least 95 percent purity has been applied; 3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; 4) with the non-shrimp content of the end product constituting between four and 10 percent of the product's total weight after being dusted, but prior to being frozen; and 5) that is subjected to individually quick frozen

(IQF)freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this investigation are currently classified under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this order is dispositive. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing CBP to continue to suspend liquidation of all entries of certain frozen warmwater shrimp from Ecuador, except for entries of merchandise produced by Expalsa, which has a *de minimis* margin and thus is excluded from the antidumping duty order. CPB shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart above. CBP shall discontinue the suspension of liquidation on canned shrimp products, as well as on frozen warmwater shrimp produced by Expalsa, and refund any cash deposits made or bonds posted with respect to this merchandise. These instructions suspending liquidation will remain in effect until further notice. This amended determination and order is issued and published pursuant to sections 735(d), 736(a) of the Act, and 19 CFR 351.211. Dated: January 26, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-373 Filed 1-31-05; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [Docket No. 050114011-5011-01] Special American Business Internship Training Program (SABIT) AGENCY: International Trade Administration (ITA), U.S. Department of Commerce. ACTION: Notice. SUMMARY: This Notice announces availability of funds for the Special American Business Internship Training Program (SABIT), for training business executives and scientists (also referred to as “Interns”) from Eurasia (see program description for eligible countries). The amount of financial assistance available for the program is $500,000. DATES: Applications must be received by 5 p.m. Eastern Time on April 1, 2005. Processing of complete applications takes approximately three to six months. All awards will be made by September 30, 2005. ADDRESSES: Request for Applications: Competitive Application Kits will be available from ITA starting on the day this notice is published. To obtain a copy of the Application Kit please contact SABIT by:

(1)E-mail at *SABITApply@ita.doc.gov* , providing your name, company name and address;

(2)Telephone

(202)482-0073;

(3)The World Wide Web at *http://www.mac.doc.gov/sabit/;*

(4)Facsimile

(202)482-2443;

(5)Mail: Send a written request with two self-addressed mailing labels to Application Request, The SABIT Program, U.S. Department of Commerce, 1401 Constitution Avenue NW., FCB 4100W, Washington, DC, 20230. The telephone numbers are not toll free numbers. Only one copy of the Application Kit will be provided to each organization requesting it, but it may be reproduced by the requesters. FOR FURTHER INFORMATION CONTACT: Tracy M. Rollins, Director, SABIT Program, U.S. Department of Commerce, phone—(202) 482-0073, facsimile—(202) 482-2443. These are not toll free numbers. SUPPLEMENTARY INFORMATION: *Electronic Access:* The full funding opportunity announcement for the SABIT program is available via Web site: *http://www.fedgrants.gov/* or by contacting the program official identified above. *Funding Availability:* Pursuant to section 632(a) of the Foreign Assistance Act of 1961, as amended (the “Act”) funding to the U.S. Department of Commerce

(DOC)for the program will be provided by the United States Agency for International Development (AID). ITA will award financial assistance and administer the program pursuant to the authority contained in section 635(b) of the Act and other applicable grant rules. The amount of financial assistance available for the program is $500,000. Additional funding may become available at a future date. Financial assistance will be provided through cooperative agreements. *Statutory Authority:* 22 U.S.C. 2395(b). *Catalog of Federal Domestic Assistance (CFDA):* 11.114, Special American Business Internship Training Program. *Program Description:* The ITA established the SABIT program in September 1990 to assist Eurasia's transition to a market economy. Since that time, SABIT has been supporting U.S. companies and organizations that wish to provide business executives and scientists from Eurasia three to six month programs of hands-on training in a U.S. market economy. Under the SABIT program, qualified U.S. firms (Host Firms) will receive funds through a cooperative agreement with ITA to help defray the cost of hosting Interns. The training must take place in the United States. ITA will approve Interns nominated by Host Firms, or assist in identifying eligible candidates. Interns may be citizens of any of the following countries in Eurasia: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. Some Eurasian countries may have certain restrictions with regard to U.S. funding. These restrictions, and any waivers of restrictions, are determined by the U.S. Department of State, not the SABIT program. Information on current restrictions is available upon request, but new restrictions may be put into place after a grant is awarded. The Host Firms will be expected to provide the Interns with a hands-on, non-academic, executive training program designed to maximize their exposure to management or commercially oriented scientific operations. At the end of the training program, the Intern must return to his/her home country. If there is any evidence of a conflict of interest between the nominated Intern and the Host Firm, the Intern is disqualified. *Managers:* SABIT assists economic restructuring in Eurasia by providing mid-to-senior level business managers with practical training in American methods of innovation and management in areas such as strategic planning, financing, production, distribution, marketing, accounting, wholesaling, and/or labor relations. This first-hand experience in the U.S. economy enables Interns to become leaders in establishing and operating a market economy in Eurasia, and creates a unique opportunity for Host Firms to familiarize key executives from Eurasia with their products and services. Host Firms will benefit by establishing relationships with managers in similar industries who are uniquely positioned to assist their Host Firms in doing business in Eurasia. *Scientists:* SABIT provides opportunities for gifted scientists to apply their skills to peaceful research and development in the civilian sector, in areas such as defense conversion, medical research, and the environment, and exposes them to the role of scientific research in a market economy where applicability of research relates to business success. Host Firms in the U.S. scientific community also benefit from exchanging information and ideas, and different approaches to new technologies. All internships must last between three to six months; however, ITA reserves the right to allow an Intern to stay for a shorter period of time (not less than one month). ITA will reimburse Host Firms for the round trip international travel (coach class tickets) of each Intern from the Intern's home city in Eurasia to the U.S. internship site, a stipend of $34 per day to the Intern(s), and housing costs of up to $500.00 per month (excluding utilities or telephone services). For cities with higher costs of living, ITA will reimburse Host Firms up to $750.00 a month (excluding utilities or telephone services) for housing costs. Interns must return to their home countries immediately upon completion of their U.S. internships. Host Firms wishing to utilize SABIT in order to be matched with an Intern without applying for financial assistance may do so. Such firms will be responsible for all costs, including travel expenses, related to sponsoring the Intern. However, prior to acceptance as a SABIT Intern, work plans and candidates must be approved by the SABIT program. Furthermore, program training will be monitored by SABIT staff and evaluated upon completion of training. ITA does not guarantee that it will match Host Firms with the Intern profile provided to SABIT. *Award Period:* Recipient firms will have one year from the date listed on the Financial Assistance Award form, CD-450, to expend all funds. However, DOC reserves the right to extend the award period if the Host Firm can justify the need for extra time. *Eligibility:* Eligible applicants for the SABIT program include all for-profit or non-profit U.S. corporations, associations, organizations or other public or private entities located in the United States. Agencies or divisions of the Federal Government are not eligible. However, state and local governments are eligible. *Matching Requirements:* The SABIT program budget does not include matching requirements, however, Host Firms are expected to bear the costs beyond the $34 per day stipend, additional lodging costs (including utilities and local telephone service) beyond the reimbursed amount, any training-related travel within the United States, visa cost, emergency medical insurance, training manuals and provisions of the hands-on training for the Interns. *Project Funding Priorities:* Applicants must indicate business sector(s). Although applicants operating in any industry sector may apply to the program, priority consideration is given to those operating in the following sectors:

(a)Agribusiness (including food processing and distribution, and agricultural equipment),

(b)Environment (including environmental clean up),

(c)Financial services (including banking and accounting),

(d)Construction and infrastructure development (including housing and transportation),

(e)Medical equipment, supplies, pharmaceuticals, and health care management. Priority funding will also be given to applicants applying to host Interns from the following countries: Armenia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. *Evaluation and Selection Procedures:* Each application will receive an independent, objective review by one or more three or four-member review panels qualified to evaluate applications submitted under the program. Panels may include federal employees and non-federal individuals. No consensus advice will be given by the panel. Applications received before the deadline will be evaluated on a competitive basis in accordance with the selection evaluation criteria set forth below. Applications that have received a passing score of 70 or above, based on the weighted evaluation criteria, will be ranked and awards will be made by the selecting official based on the evaluation criteria and selection factors until funds are depleted. Applications receiving scores below 70 will not be considered. ITA reserves the right to limit the award amount as well as the number of Interns per applicant. Applicants must provide evidence of a satisfactory record of performance in grants, contracts and/or cooperative agreements with the Federal Government, if applicable. Applicants who are or have been deficient in current or recent performance in their grants, contracts, and/or cooperative agreements with the Federal Government shall be presumed to be unable to meet this requirement. If the applicant has a Federal Government Performance Record Statement, this must be specified in the Application Kit. If there is no record to date, the applicant should indicate this. Applicants who do not have a Federal Government Performance Record Statement will not be penalized. *Evaluation Criteria:* Consideration for financial assistance will be given to those applications that provide the following (listed in order of decreasing importance so that criterion number 1 is most important, followed by criterion number 2, etc.):

(1)*Work Plan.* The applicant must provide a detailed work plan for the intended training. If the applicant is providing different training plans for different Interns, it MUST attach a separate work plan for each. If Interns will be trained on the same plan, only one plan needs to be attached. If an internship will take place at several organizations, a work plan for each organization must be provided. The work plan must include:

(a)A detailed week-by-week description of internship activities;

(b)a description of the Intern's duties and responsibilities;

(c)complete contact information for the everyday internship coordinator;

(d)locations of training within the company, if the internship(s) will be in different divisions;

(e)locations of training outside the company. If the Intern will spend substantial amounts of time at one or more external organizations or companies (over one week) the applicant MUST provide a letter from each of those companies, indicating their willingness and ability to provide the planned training. Evaluation Scale: 0-40 points.

(2)*Training Objectives Statement.* The applicant must provide an objectives statement, clearly titled “Training Objectives” with the name of the applicant noted indicating the reason why the applicant wishes to provide a professional training experience to an Intern. The applicant must explain how the proposed training would further the intent and goals of the SABIT program to provide practical, on-the-job, non-academic, non-classroom training for a professional-level Intern. Evaluation Scale: 0-30 points.

(3)*Intern Description(s) and Resume(s):* The applicant should provide descriptions of the experience, education, and skills desired in an Intern for the training they intend to provide. If an applicant desires Interns from a specific region or country of Eurasia, it should be indicated in the application. If an applicant has nominated Interns for training, the Interns' resumes must be attached. Additionally, the applicant must describe the relationship that it has with each Intern. All Interns must meet SABIT criteria in order to participate. Evaluation Scale: 0-15 points.

(4)*Financial Resources Documentation:* Applicants must provide evidence of adequate financial resources to cover the costs involved in providing an internship(s). Evidence may include a published annual report, or a letter from the applicant's outside, independent accountant attesting to the applicant's financial ability to support the training program planned and the funds requested or a letter from the applicant's bank. All letters must be on the accountant's or bank's letterhead and addressed to the United States Department of Commerce. Evaluation Scale: 0-15 points. *Selection Factors:* The selecting official reserves the right to select Host Firms based on U.S. geographic location, organization size as well as priority business sectors and country priorities (listed in Project Funding Priorities, above) and past performance. Host Firms may be eligible, pursuant to approval of an amendment of an active award, to host additional Interns under the program. The Director of the SABIT program is the selecting official for each award. *Intergovernmental Review:* Applications under this program are not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.” *Application Forms and Kit:* To obtain an Application Kit, please refer to the section above marked ADDRESSES . An original and two copies of the application (including all relevant standard forms and supplemental material) are to be sent to the address designated in the Application Kit and must be received no later than 5 p.m. Eastern Time on the closing date. Applicants are encouraged to sign the original application (including forms) with blue ink. *Other Requirements:* DOC's Pre-Award Notification Requirements for Grants and Cooperative Agreements, which are contained in **Federal Register** Notice of December 30, 2004 (69 FR 78389), are applicable to this solicitation. All applicants are advised of the following: 1. Host Firms will be required to comply with all relevant U.S. tax and export regulations. Export controls may relate not only to licensing of products for export, but also to technical data transfer. DOC's Bureau of Industry and Security (BIS formerly BXA, the Bureau of Export Administration) reviews applications to determine whether export licenses are required. SABIT will not award a grant until any export license issue has been satisfied. 2. The following statutes apply to this program: Section 907 of the FREEDOM Support Act, Public Law 102-511, 22 U.S.C. 5812 note (Restriction on Assistance to the Government of Azerbaijan); Public Law 107-115 (Waiver of Section 907 of the FREEDOM Support Act); 7 U.S.C. 5201 *et seq.* (Agricultural Competitiveness and Trade—the Bumpers Amendment); The Foreign Assistance Act of 1961, as amended, including Chapter 11 of Part I, Section 498A(b), Public Law 102-511, 22 U.S.C. 2295a(b) (regarding ineligibility for assistance); 22 U.S.C. 2420(a), Section 660(a) of The Foreign Assistance Act of 1961, as amended (Police Training Prohibition); and provisions in the annual Foreign Operations, Export Financing, and Related Programs Appropriations Acts, concerning impact on jobs in the United States ( *see, e.g.* , Section 536 of Pub. L. 106-113). 3. The collection of information is approved by the Office of Management and Budget (OMB), OMB Control Number 0625-0225. Public reporting for this collection of information is estimated to be eight hours per response, including the time for reviewing instructions, and completing and reviewing the collection of information. All responses to this collection of information are voluntary, and will be protected from disclosure to the extent allowed under the Freedom of Information Act. The use of Standard Forms 270, 424 and 424B is approved under OMB Control Numbers 0348-0004, 0348-0043 and 0348-0040, respectively. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Clearance Officer, International Trade Administration, Department of Commerce, Room 4001, 14th and Constitution Avenue NW., Washington, DC 20230. 4. *Executive Order 13132:* It has been determined that this notice does not contain policies with Federalism implications as that term is defined in E.O. 13132. 5. *Administrative Procedure Act/Regulatory Flexibility Act:* Because prior notice and opportunity for public comment are not required by the Administrative Procedure Act for rules concerning public property, loans, grants, benefits and contracts (5 U.S.C. 553(a)(2)), a Regulatory Flexibility Analysis is not required and has not been prepared for this notice (5 U.S.C. 601 *et seq.* ). Dated: January 26, 2005. Tracy M. Rollins, Director, SABIT Program. [FR Doc. E5-362 Filed 1-31-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Manufacturing Extension Partnership National Advisory Board AGENCY: National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of partially closed meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Manufacturing Extension Partnership National Advisory Board (MEPNAB), National Institute of Standards and Technology (NIST), will meet Thursday, February 17, 2005, from 8:30 a.m. to 3:30 p.m. The MEPNAB is composed of eleven members appointed by the Director of NIST who were selected for their expertise in the area of industrial extension and their work on behalf of smaller manufacturers. The Board was established to fill a need for outside input on MEP. MEP is a unique program consisting of centers in all 50 states and Puerto Rico. The centers have been created by state, federal, and local partnerships. The Board works closely with MEP to provide input and advice on MEP's programs, plans, and policies. The purpose of this meeting is to update the board on the latest program developments including a NIST Update, a MEP Policy Overview, and a MEP Program Operations Update. Discussions scheduled to begin at 1 p.m. and to end at 3:30 p.m. on February 17, 2005, on MEP budget issues will be closed. All visitors to the National Institute of Standards and Technology site will have to pre-register to be admitted. Anyone wishing to attend this meeting must register 48 hours in advance in order to be admitted. Please submit your name, time of arrival, email address and phone number to Lillian Ware no later than Tuesday, February 15 and she will provide you with instructions for admittance. Ms. Ware's email address is *lillian.ware@nist.gov* and her phone number is 301/975-5454. DATES: The meeting will convene February 17, 2005 at 8:30 a.m. and will adjourn at 3:30 p.m. on February 17, 2005. ADDRESSES: The meeting will be held in the Employees' Lounge, Administration Building, at NIST, Gaithersburg, Maryland 20899. Please note admittance instructions under SUMMARY paragraph. FOR FURTHER INFORMATION CONTACT: Carrie Hines, Manufacturing Extension Partnership, National Institute of Standards and Technology, Gaithersburg, Maryland 20899-4800, telephone number

(301)975-3360. SUPPLEMENTARY INFORMATION: The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on December 27, 2004, that portions of the meeting which involve discussion of proposed funding of the MEP may be closed in accordance with 5 U.S.C. 552b(c)(9)(B), because that portion will divulge matters the premature disclosure of which would be likely to significantly frustrate implementation of proposed agency actions; and that portions of the meeting which involve discussion of the staffing of positions in MEP may be closed in accordance with 5 U.S.C. 552b(c)(6), because divulging information discussed in that portion of the meeting is likely to reveal information of a personal nature, where disclosure would constitute a clearly unwarranted invasion of personal privacy. Dated: January 26, 2005. Hratch G. Semerjian, Acting Director. [FR Doc. 05-1816 Filed 1-31-05; 8:45 am]

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