Notices. Import Administration, International Trade Administration, Department of Commerce
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BILLING CODE 3410-52-M DEPARTMENT OF COMMERCE International Trade Administration [A-549-812] Furfuryl Alcohol from Thailand: Notice of Extension of Time Limit for Preliminary Results of 2003-2004 Antidumping Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 14, 2005. FOR FURTHER INFORMATION CONTACT: Andrew Smith at
(202)482-1276, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. Background On August 30, 2004, the Department of Commerce (“the Department”) published a notice of initiation of administrative review of the antidumping duty order on furfuryl alcohol from Thailand covering the period July 1, 2003 through June 30, 2004. *See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 69 FR 52857 (August 30, 2004). The preliminary results for this review are currently due no later than April 4, 2005. Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. We are currently analyzing complicated sales and cost information that has required numerous supplemental questionnaire responses. In particular, our analysis of input costs, general and administrative expenses, and interest expenses requires additional time and makes it impracticable to complete the preliminary results of this review within the originally anticipated time limit (i.e., April 4, 2005). Therefore, the Department is extending the time limit for completion of the preliminary results to no later than May 4, 2005, in accordance with section 751(a)(3)(A) of the Act. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 8, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-599 Filed 2-11-05; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-507-502] Final Results of Antidumping Duty Administrative Review: Certain In-Shell Raw Pistachios From Iran AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 9, 2004, the U.S. Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping order covering certain in-shell raw pistachios from Iran. *See Preliminary Results of Antidumping Duty Administrative Review: Certain In-Shell Raw Pistachios from Iran,* 69 FR 48197 (August 9, 2004) ( *Preliminary Results* ). The product covered by this order is certain in-shell raw pistachios (pistachios) from Iran as described in the “Scope of the Review” section of the **Federal Register** notice. The period of review
(POR)is July 1, 2002, through June 30, 2003. We invited parties to comment on our *Preliminary Results.* Based on our analysis of the comments received, we have made changes to the margin calculation. Therefore, the final results differ from the *Preliminary Results.* The final weighted-average dumping margin for the reviewed firm and the producer of the merchandise is listed below in the section entitled “Final Results of Review.” EFFECTIVE DATE: February 14, 2005. FOR FURTHER INFORMATION CONTACT: Angelica Mendoza at
(202)482-3019, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background This review covers sales of pistachios to the United States made by Tehran Negah Nima Trading Company, Inc., trading as Nima Trading Company (Nima). In response to our request for written comments and any additional documentary evidence regarding whether or not, Nima's supplier of pistachios, Razi Domghan Agricultural and Animal Husbandry Company
(Razi)did or did not have knowledge that the goods in question were destined for the United States at the time of the sale, on August 23, 2004, we received comments from only one party, Nima. On September 3, 2004, in a memorandum to the file, the Department discussed several inadvertent calculation errors in its preliminary margin calculation that it intended to correct for purposes of these final results. *See* Memorandum to the File through Richard O. Weible, Director, Intended Correction to the Preliminary Margin Calculation, dated September 3, 2004 (Prelim Correction Memo). On September 8, 2004, the California Pistachio Commission (CPC or petitioner) and Cal Pure Pistachios, Inc. (Cal Pure), an interested party to the instant proceeding, requested a public hearing. On September 16, 2004, in response to our *Preliminary Results,* we received case briefs from Nima, CPC, and Cal Pure. All parties submitted rebuttal briefs on September 22, 2004. We held a public hearing on October 1, 2004. *See* Hearing Transcript, Pistachios from Iran, dated October 1, 2004. On November 26, 2004, the Department extended fully the time limit, from December 7, 2004, until no later than February 7, 2005, for the final results of the instant administrative review. *See Certain In-Shell Raw Pistachios from Iran: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review,* 69 FR 70123 (December 2, 2004). Scope of the Review The product covered by the antidumping duty order is raw, in-shell pistachio nuts from which the hulls have been removed, leaving the inner hard shells, and edible meats from Iran. This merchandise is currently provided for in subheading 0802.50.20.00 of the *Harmonized Tariff Schedule of the United States (HTSUS).* Although the *HTSUS* subheading is provided for convenience and customs purposes, the Department's written description of the merchandise under order is dispositive. Analysis of Comments Received All issues raised in case and rebuttal briefs submitted by parties to this administrative review are addressed in the “Issues and Decision Memorandum” (Decision Memo) from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated February 7, 2005, which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memo, is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in room B-099 of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Internet at *http://www.ia.ita.doc.gov.* The paper copy and electronic version of the Decision Memo are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have made changes to Nima's margin calculation. The changes are listed below: 1. We applied a profit rate to the producer's, Razi's, cost of production based on Razi's actual profit rate for home market sales during the POR. For purposes of calculating a profit margin for Nima, we used the profit rate from an Iranian pistachio trader, *i.e.* , Fallah, which resold pistachios in Iran during a prior proceeding ( *i.e.* , Nima's new shipper review). *See* Memorandum from Gina K. Lee through Michael P. Martin to Neal M. Halper, Constructed Value Adjustments for Final Results, dated February 7, 2005 (CV Final Memo). 2. For purposes of calculating constructed value, we used Nima's adjusted U.S. indirect selling expenses as a proxy for home market indirect selling expenses. *See* Nima's December 4, 2003, supplemental section A and C questionnaire response (Nima's SQR). *See also* Memorandum to the File, through Abdelali Elouaradia, Program Manager, Analysis Memorandum for the Final Results of Administrative Review of the Antidumping Duty Order on Certain In-Shell Raw Pistachios from Iran: Tehran Negah Nima Trading Company, Inc., dated February 7, 2005 (Final Analysis Memo), at Attachments 1 and 2. 3. We corrected certain ministerial errors alleged by petitioner and Cal Pure ( *i.e.* , calculation of Nima's U.S. imputed credit expenses and foreign unit price in U.S. dollars). *See* Final Analysis Memo at Attachment 1. 4. We treated Nima's warehousing expenses ( *i.e.* , 60,000 Rials) as direct expenses and, as such, have included these expenses in our calculation of Nima's foreign movement expenses. Upon further review of Nima's questionnaire responses, we find that Nima did incur and pay for warehousing expenses. *See* Nima's SQR at Exhibit 4.1. *See also* Final Analysis Memo at Attachment 1. Final Results of Review As a result of our review, we determine that the following weighted-average dumping margin for the exporter/producer combination named below exists for the POR: 1 1 For purposes of these final results, the Department has determined to apply the weighted-average dumping cash deposit rates to subject merchandise exported by Nima and produced by Razi. *See* accompanying Decision Memo at Comment 2. Exporter/producer Weighted-average margin (percent) Tehran Negah Nima Trading Company, Inc./Razi Domghan Agricultural and Animal Husbandry Company. 18.74 Assessment The Department shall determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have calculated exporter/importer-specific assessment rates. To calculate these rates, we divided the total dumping margins for the reviewed sales by the total entered value of those reviewed sales for each importer. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. We will direct CBP to assess the appropriate assessment rate against the entered CBP values for the subject merchandise on each of the importer's entries under the relevant order during the POR. Cash Deposit Requirements As Nima is the exporter but not the producer of subject merchandise, the Department's final results of review will apply to subject merchandise exported by Nima and produced by Razi. *See* 19 CFR 351.107(b). *See also* accompanying Decision Memo at Comment 2. Therefore, the following deposit requirements will be effective upon publication of this notice of final results of review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication:
(1)For the merchandise exported by Nima and produced by Razi, the cash deposit rate will be 18.74 percent;
(2)for the merchandise exported by Nima and produced by Maghsoudi Farms, the cash deposit rate will be 144.05 percent;
(3)for subject merchandise exported by Nima but not produced by Razi or Maghsoudi Farms, the cash deposit rate will be the “all others” rate established in the original less than fair value
(LTFV)investigation ( *see* 51 FR 25922 (July 17, 1986));
(4)if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; and
(5)if neither the exporter nor producer is a firm covered in this review or the original investigation, the cash deposit rate for all other producers or exporters of the subject merchandise will continue to be 184.28 percent. This rate is the “All Others” rate from the final determination in the LTFV investigations, which reflects the amount of export subsidies found in the final countervailing duty determination in the investigation subtracted from the dumping margin found in the LTFV determination. *See Certain In-Shell Raw Pistachios: Final Determination of Sales at Less Than Fair Value,* 51 FR 18919 (May 23, 1986); and *Final Affirmative Countervailing Duty Determination and Countervailing Duty Order; In-Shell Raw Pistachios from Iran,* 51 FR 8344 (March 11, 1986). These deposit requirements shall remain in effect until publication of the final results of the next administrative review. Notification to Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders
(APO)of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 7, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX List of Issues 1. Razi Domghan Agricultural and Animal Husbandry Company's Knowledge of the U.S. Sale of Pistachios 2. Application of Combination Rate for Tehran Negah Nima Trading Company, Inc.'s U.S. Sales of Pistachios Produced by Razi Domghan Agricultural and Animal Husbandry Company 3. *Bona Fides* of Tehran Negah Nima Trading Company, Inc.'s U.S. Sale 4. Calculation and Application of Constructed Value Profit 5. Application of Total Adverse Facts Available 6. Ministerial Error Allegations Relating to the Calculation of Nima's Indirect Selling and Credit Expenses, and Foreign Unit Price in U.S. Dollars [FR Doc. E5-596 Filed 2-11-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-337-806] Individual Quick Frozen Red Raspberries from Chile: Notice of Extension of Time Limit for 2003-2004 Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 14, 2005. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Cole Kyle, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202)482-3813 or
(202)482-1503, respectively. SUPPLEMENTARY INFORMATION: Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department of Commerce (“Department”) to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested and final results of review within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. Background On August 30, 2004, the Department published a notice of initiation of administrative review of the antidumping duty order on individual quick frozen red raspberries from Chile, covering the period July 1, 2003, through June 30, 2004. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , (69 FR 52857). The preliminary results for this review are currently due no later than April 4, 2005. Extension of Time Limits for Preliminary Results We are currently analyzing sales information provided by the respondents in this review. Because the Department requires additional time to review, analyze, and possibly verify the sales information and to issue supplemental questionnaires, if necessary, it is not practicable to complete this review within the originally anticipated time limit ( *i.e.* , by April 4, 2005). Therefore, the Department is extending the time limit for completion of the preliminary results to not later than July 29, 2005, in accordance with section 751(a)(3)(A) of the Act. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 8, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-597 Filed 2-11-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-475-824 Final Results of Antidumping Duty Administrative Review: Stainless Steel Sheet and Strip in Coils From Italy AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 9, 2004, the U.S. Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping order covering stainless steel sheet and strip in coils from Italy. *See Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Sheet and Strip in Coils from Italy* , 69 FR 48205 (August 9, 2004) (Preliminary Results). The period of review
(POR)is July 1, 2002, through June 30, 2003. We invited parties to comment on our *Preliminary Results* . Based on our analysis of the comments received, we have made a change to the margin calculation. Therefore, the final results differ from the *Preliminary Results* . The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled “Final Results of Review.” EFFECTIVE DATE: February 14, 2005. FOR FURTHER INFORMATION CONTACT: Angelica Mendoza at
(202)482-3019, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background This review covers ThyssenKrupp Acciai Speciali Terni S.p.A. and its U.S. affiliate, ThyssenKrupp AST USA, Inc. (TKAST USA) (collectively, TKAST or respondent). In response to our *Preliminary Results* , on September 8, 2004, we received case briefs from TKAST and Allegheny Ludlum, AK Steel Corporation, Butler Armco Independent Union, J&L Specialty Steel, Inc., North American Stainless, United Steelworkers of America, AFL-CIO/CLC, and Zanesville Armco Independent Organization (collectively, petitioners). Both parties submitted rebuttal briefs on September 15, 2004. However, on September 22, 2004, the Department rejected and returned TKAST's September 15, 2004, rebuttal brief as it contained untimely new factual information. Pursuant to the Department's request, TKAST filed a revised version of its rebuttal brief on September 24, 2004. Parties did not request a public hearing. On November 26, 2004, the Department extended fully the time limit, from December 7, 2004, until no later than February 7, 2005, for the final results of the instant administrative review. *See Stainless Steel Sheet and Strip in Coils from Italy: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review* , 69 FR 70124 (December 2, 2004). Scope of the Order For purposes of this review, the products covered by the order are certain stainless steel sheet and strip in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product in coils that is greater than 9.5 mm in width and less than 4.75 mm in thickness, and that is annealed or otherwise heat treated and pickled or otherwise descaled. The subject sheet and strip may also be further processed ( *e.g.* , cold-rolled, polished, aluminized, coated, *etc* .) provided that it maintains the specific dimensions of sheet and strip following such processing. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81, 1 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department's written description of the merchandise is dispositive. 1 Due to changes to the HTSUS numbers in 2001, 7219.13.0030, 7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031, 7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively. Excluded from the scope of this order are the following:
(1)sheet and strip that is not annealed or otherwise heat treated and pickled or otherwise descaled,
(2)sheet and strip that is cut to length,
(3)plate ( *i.e.* , flat-rolled stainless steel products of a thickness of 4.75 mm or more),
(4)flat wire ( *i.e.* , cold-rolled sections, with a prepared edge, rectangular in shape, of a width of not more than 9.5 mm), and
(5)razor blade steel. Razor blade steel is a flat-rolled product of stainless steel, not further worked than cold-rolled (cold-reduced), in coils, of a width of not more than 23 mm and a thickness of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent chromium, and certified at the time of entry to be used in the manufacture of razor blades. *See* Chapter 72 of the HTSUS, “Additional U.S. Note” 1(d). Flapper valve steel is also excluded from the scope of this order. This product is defined as stainless steel strip in coils containing, by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent manganese. This steel also contains, by weight, phosphorus of 0.025 percent or less, silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent or less. The product is manufactured by means of vacuum arc remelting, with inclusion controls for sulphide of no more than 0.04 percent and for oxide of no more than 0.05 percent. Flapper valve steel has a tensile strength of between 210 and 300 ksi, yield strength of between 170 and 270 ksi, plus or minus 8 ksi, and a hardness
(Hv)of between 460 and 590. Flapper valve steel is most commonly used to produce specialty flapper valves in compressors. Also excluded is a product referred to as suspension foil, a specialty steel product used in the manufacture of suspension assemblies for computer disk drives. Suspension foil is described as 302/304 grade or 202 grade stainless steel of a thickness between 14 and 127 microns, with a thickness tolerance of plus-or-minus 2.01 microns, and surface glossiness of 200 to 700 percent Gs. Suspension foil must be supplied in coil widths of not more than 407 mm, and with a mass of 225 kg or less. Roll marks may only be visible on one side, with no scratches of measurable depth. The material must exhibit residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm over 685 mm length. Certain stainless steel foil for automotive catalytic converters is also excluded from the scope of this review. This stainless steel strip in coils is a specialty foil with a thickness of between 20 and 110 microns used to produce a metallic substrate with a honeycomb structure for use in automotive catalytic converters. The steel contains, by weight, carbon of no more than 0.030 percent, silicon of no more than 1.0 percent, manganese of no more than 1.0 percent, chromium of between 19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of no more than 0.045 percent, sulfur of no more than 0.03 percent, lanthanum of less than 0.002 or greater than 0.05 percent, and total rare earth elements of more than 0.06 percent, with the balance iron. Permanent magnet iron-chromium-cobalt alloy stainless strip is also excluded from the scope of this order. This ductile stainless steel strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 percent cobalt, with the remainder of iron, in widths 228.6 mm or less, and a thickness between 0.127 and 1.270 mm. It exhibits magnetic remanence between 9,000 and 12,000 gauss, and a coercivity of between 50 and 300 oersteds. This product is most commonly used in electronic sensors and is currently available under proprietary trade names such as “Arnokrome III.” 2 2 “Arnokrome III” is a trademark of the Arnold Engineering Company. Certain electrical resistance alloy steel is also excluded from the scope of this order. This product is defined as a non-magnetic stainless steel manufactured to American Society of Testing and Materials
(ASTM)specification B344 and containing, by weight, 36 percent nickel, 18 percent chromium, and 46 percent iron, and is most notable for its resistance to high temperature corrosion. It has a melting point of 1390 degrees Celsius and displays a creep rupture limit of 4 kilograms per square millimeter at 1000 degrees Celsius. This steel is most commonly used in the production of heating ribbons for circuit breakers and industrial furnaces, and in rheostats for railway locomotives. The product is currently available under proprietary trade names such as “Gilphy 36.” 3 3 “Gilphy 36” is a trademark of Imphy, S.A. Certain martensitic precipitation-hardenable stainless steel is also excluded from the scope of this order. This high-strength, ductile stainless steel product is designated under the Unified Numbering System
(UNS)as S45500-grade steel, and contains, by weight, 11 to 13 percent chromium, and 7 to 10 percent nickel. Carbon, manganese, silicon and molybdenum each comprise, by weight, 0.05 percent or less, with phosphorus and sulfur each comprising, by weight, 0.03 percent or less. This steel has copper, niobium, and titanium added to achieve aging, and will exhibit yield strengths as high as 1700 Mpa and ultimate tensile strengths as high as 1750 Mpa after aging, with elongation percentages of 3 percent or less in 50 mm. It is generally provided in thicknesses between 0.635 and 0.787 mm, and in widths of 25.4 mm. This product is most commonly used in the manufacture of television tubes and is currently available under proprietary trade names such as “Durphynox 17.” 4 4 “Durphynox 17” is a trademark of Imphy, S.A. Finally, three specialty stainless steels typically used in certain industrial blades and surgical and medical instruments are also excluded from the scope of this order. These include stainless steel strip in coils used in the production of textile cutting tools ( *e.g.* , carpet knives). 5 This steel is similar to American Iron and Steel Institute
(AISI)grade 420 but containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of 0.020 percent or less, and includes between 0.20 and 0.30 percent copper and between 0.20 and 0.50 percent cobalt. This steel is sold under proprietary names such as “GIN4 Mo.” 6 The second excluded stainless steel strip in coils is similar to AISI 420-J2 and contains, by weight, carbon of between 0.62 and 0.70 percent, silicon of between 0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent, phosphorus of no more than 0.025 percent and sulfur of no more than 0.020 percent. This steel has a carbide density on average of 100 carbide particles per 100 square microns. An example of this product is “GIN5” 7 steel. The third specialty steel has a chemical composition similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent, molybdenum of between 1.15 and 1.35 percent, but lower manganese of between 0.20 and 0.80 percent, phosphorus of no more than 0.025 percent, silicon of between 0.20 and 0.50 percent, and sulfur of no more than 0.020 percent. This product is supplied with a hardness of more than Hv 500 guaranteed after customer processing, and is supplied as, for example, “GIN6.” 8 5 This list of uses is illustrative and provided for descriptive purposes only. 6 “GIN4 Mo” is the proprietary grade of Hitachi Metals America, Ltd. 7 “GIN5” is the proprietary grade of Hitachi Metals America, Ltd. 8 “GIN6” is the proprietary grade of Hitachi Metals America, Ltd. Analysis of Comments Received All issues raised in case and rebuttal briefs submitted by parties to this administrative review are addressed in the “Issues and Decision Memorandum” (Decision Memo) from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated February 7, 2005, which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memo, is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in room B-099 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the internet at www.ia.ita.doc.gov. The paper copy and electronic version of the Decision Memo are identical in content. Change Since the Preliminary Results Based on our analysis of comments received, we have made a change to TKAST's margin calculation by deducting rather than adding billing adjustments to TKAST's home market price. Final Results of Review As a result of our review, we determine that the following weighted-average dumping margin exists for the POR: Manufacturer/Exporter Weighted-Average Margin (percent) ThyssenKrupp Acciai Speciali Terni S.p.A. 3.72 Assessment The Department shall determine, and U.S. Bureau of Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have calculated exporter/importer-specific assessment rates. To calculate these rates, we divided the total dumping margins for the reviewed sales by the total entered value of those reviewed sales for each importer. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. We will direct CBP to assess the appropriate assessment rate against the entered CBP values for the subject merchandise on each of the importer's entries under the relevant order during the POR. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of SSSS in coils from Italy entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(1) of the Tariff Act of 1930, as amended (the Act):
(1)the cash deposit rate for the reviewed company will be the rate shown above;
(2)for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period;
(3)if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value
(LTFV)investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and
(4)the cash deposit rate for all other manufacturers or exporters will continue to be 11.23 percent. This rate is the “All Others” rate from the amended final determination in the LTFV investigations. *See Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order; Stainless Steel Sheet and Strip in Coils From Italy* , 64 FR 40567 (July 27, 1999). These deposit requirements shall remain in effect until publication of the final results of the next administrative review. Notification to Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders
(APO)of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 7, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX List of Issues 1. Treatment of Premiums Paid by ThyssenKrupp AG to Repurchase Shares Held by the Islamic Republic of Iran
(Iran)2. Application of Partial Adverse Facts Available for Certain Components of ThyssenKrupp Acciai Speciali Terni S.p.A.'s Reported Standard Costs 3. Deduction of Technical Service Expenses from U.S. Price 4. Treatment of Non-Dumped Sales 5. Ministerial Error Relating to the Addition of Billing Adjustments to Home Market Price [FR Doc. E5-598 Filed 2-11-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-894] Notice of Final Determination of Sales at Less Than Fair Value: Certain Tissue Paper Products from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 14, 2005. FOR FURTHER INFORMATION CONTACT: Alex Villanueva, Matthew Renkey, John Conniff or Kit Rudd, 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,
(202)482-2312,
(202)482-1009, or
(202)482-1385, respectively. Final Determination We determine that certain tissue paper products from the People's Republic of China (“PRC”) are being, or are likely to be, sold in the United States at less than fair value (“LTFV”) as provided in section 735 of the Tariff Act of 1930, as amended (“the Act”). The estimated margins of sales at LTFV are shown in the “Final Determination Margins” section of this notice. SUPPLEMENTARY INFORMATION: Case History On September 21, 2004, the Department of Commerce (“the Department”) published its preliminary determination of sales at LTFV, affirmative preliminary determination of critical circumstances, and postponement of the final determination in the antidumping investigation of certain tissue paper products from the PRC. *See Certain Tissue Paper Products and Certain Crepe Paper Products from the People's Republic of China: Notice of Preliminary Determinations of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances and Postponement of Final Determination for Certain Tissue Paper Products* , 69 FR 56407 (September 21, 2004) (“ *Preliminary Determination* ”). During the investigation, the Department examined sales information from two exporters of subject merchandise that were selected as Mandatory Respondents. 1 In addition, 12 companies requested separate rates and we refer to them, collectively, as the Section A Respondents. 2 We invited interested parties to comment on our Preliminary Determination. Based on our analysis of the comments we received, we have made changes to our determinations for the two Mandatory Respondents. As a result of those changes, the rate assigned to companies which received a separate rate also changed. 1 China National Aero-Technology Import & Export Xiamen Corporation (“China National”) and Fujian Naoshan Paper Industry Group Co., Ltd. (“Fujian Naoshan”). 2 Fujian Xinjifu Enterprises, Co., Ltd. (“Fujian Xinjifu”), Qingdao Wenlong Co., Ltd. (“Qingdao Wenlong”), Hunan Winco Light Industry Products Import & Export Co., Ltd. (“Hunan Winco”), Fuzhou Light Industry Import & Export Co., Ltd. (“Fuzhou Light”), Fujian Nanping Investment & Enterprise Co. (“Fujian Nanping”), Guilan Qifeng Paper Co. Ltd. (“Guilin Qifeng”), Ningbo Spring Stationary Limited Company (“Ningbo Spring”), Everlasting Business & Industry Corporation, Ltd. (“Everlasting”), Anhui Light Industrial Import & Export Co., Ltd. (“Anhui Light”), Samsam Production Limited & Guangzhou Baxi Printing Products Limited (“Samsam”), Max Fortune Industrial Limited (“Max Fortune”), and Fuzhou Magicpro Gifts Co., Ltd. (“Magicpro”). On November 24, 2004, the Department issued a memorandum in response to ministerial error allegations filed by China National and Petitioners 3 on September 24, 2004, and October 1, 2004. *See Antidumping Duty Investigation of Certain Tissue Paper Products from the People's Republic of China (“China”): Analysis of Allegations of Ministerial Errors* . On December 1, 2004, China National again filed comments regarding alleged ministerial errors. The Department replied to these ministerial error allegations via a letter dated January 3, 2005. The Department conducted verification of the Mandatory Respondents: Fujian Naoshan from November 1-7, 2004, and China National from December 6-17, 2004. *See* the “Verification” section below for additional information. 3 Seaman Paper Company of Massachusetts Inc.; Eagle Tissue LLC; Flower City Tissue Mills Co.; Garlock Printing & Converting, Inc.; Paper Service Ltd.; Putney Paper Co., Ltd.; and the Paper, Allied-Industrial, Chemical and Energy Workers International Union AFL-CIO, CLC (collective “Petitioners”). On January 12, 2005, Mandatory Respondents and Petitioners submitted case briefs; on January 18, 2005, those same parties submitted rebuttal briefs. Also on January 18, 2005, two Section A Respondents filed case briefs; no party filed a rebuttal brief in response to these case briefs. On January 24, 2005, the Department held a public hearing in accordance with section 351.310(d)(l) of the Department's regulations. Representatives for the Mandatory Respondents and Petitioners attended. Mandatory Respondents On October 18, 2004, Petitioners filed pre-verification comments regarding Fujian Naoshan. On October 19, 2004, Fujian Naoshan filed its sales reconciliation documentation. China National filed revised financial statements on October 21, 2004, and on October 25, 2004, it filed dye-specific factors of production (“FOP”) information. On October 29, 2004, China National submitted its sales reconciliation documentation. On November 10, 2004, China National, Fujian Naoshan, and Petitioners submitted information regarding surrogate values. On November 12, 2004, China National submitted comments on surrogate value information. On November 17, 2004, Petitioners submitted comments on China National's November 12, 2004, submission. On November 29, 2004, Petitioners replied to surrogate value comments submitted by Fujian Naoshan. On December 2, 2004, Petitioners submitted pre-verification comments for China National. On December 21, 2004, China National submitted the minor corrections that had been presented at verification. On January 7, 2005, Petitioners submitted information regarding a potential undisclosed affiliation for Fujian Naoshan, and supplemented this information with a January 10, 2005, filing. On January 12, 2005, China National submitted an affidavit from one of its counsel from a Chinese law firm concerning certain issues relating to China National's verification. Petitioners further clarified the information in their January 7 and January 10, 2005 filings with a letter submitted on January 14, 2005. On January 14, 2005, Fujian Naoshan submitted a reply to Petitioners' January 7 and January 10, 2005, filings. (Fujian Naoshan's additional arguments regarding this issue were included in its rebuttal brief.) Also on January 14, 2005, China National submitted an affidavit from an industry source regarding tissue paper basis weights. On January 18, 2005, China National filed a revised FOP database, pursuant to a request from the Department. Section A Respondents On October 18, 2004, Magicpro notified the Department that it would no longer participate in the investigation. On October 21, 2004, Fujian Xinjifu notified the Department that it would not participate in the verification of its section A response. On October 25, 2004, Hunan Winco submitted new factual information regarding its separate rates claim. On January 14, 2005, a certain Section A Respondent submitted an affidavit regarding certain information that had been placed on the record concerning Fujian Naoshan. Scope Comments Parties did not submit comments regarding scope during the course of this investigation. However, the Department issued a scope ruling based on a request from CSS Industries, Inc. that considered whether jumbo rolls should be included within the scope of this investigation. The Department determined in its ruling that jumbo rolls were not covered by this investigation. *See* the memorandum entitled “Final Scope Ruling: Antidumping Duty Order on Certain Tissue Paper Products From the People's Republic of China (A-570-894); CSS Industries, Inc.,” dated December 1, 2004. Scope of Investigation The tissue paper products subject to investigation are cut-to-length sheets of tissue paper having a basis weight not exceeding 29 grams per square meter. Tissue paper products subject to this investigation may or may not be bleached, dye-colored, surface-colored, glazed, surface decorated or printed, sequined, crinkled, embossed, and/or die cut. The tissue paper subject to this investigation is in the form of cut-to-length sheets of tissue paper with a width equal to or greater than one-half (0.5) inch. Subject tissue paper may be flat or folded, and may be packaged by banding or wrapping with paper or film, by placing in plastic or film bags, and/or by placing in boxes for distribution and use by the ultimate consumer. Packages of tissue paper subject to this investigation may consist solely of tissue paper of one color and/or style, or may contain multiple colors and/or styles. The merchandise subject to this investigation does not have specific classification numbers assigned to them under the Harmonized Tariff Schedule of the United States (“HTSUS”). Subject merchandise may be under one or more of several different subheadings, including: 4802.30; 4802.54; 4802.61; 4802.62; 4802.69; 4804.39; 4806.40; 4808.30; 4808.90; 4811.90; 4823.90; 4820.50.00; 4802.90.00; 4805.91.90; 9505.90.40. The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of these investigations is dispositive. Excluded from the scope of this investigation are the following tissue paper products:
(1)Tissue paper products that are coated in wax, paraffin, or polymers, of a kind used in floral and food service applications;
(2)tissue paper products that have been perforated, embossed, or die-cut to the shape of a toilet seat, *i.e.* , disposable sanitary covers for toilet seats;
(3)toilet or facial tissue stock, towel or napkin stock, paper of a kind used for household or sanitary purposes, cellulose wadding, and webs of cellulose fibers (HTSUS 4803.00.20.00 and 4803.00.40.00). Analysis of Comments Received The issue of applying total adverse facts available (“AFA”) raised in the case and rebuttal briefs by parties in this investigation are addressed in the *Memorandum to Barabara E. Tillman, Acting Deputy Assistant Secretary for Import Administration from James C. Doyle, Director, AD/CVD Operations, Office 9, Regarding Application of Total Adverse Facts Available to China National Aero-Technology Import and Export Xiamen Corporation (“China National”) in the Final Determination of Sales at Less than Fair Value: Certain Tissue Paper Products from the People's Republic of China (“PRC”) (“China National AFA Memo”),* and the *Memorandum to Barabara E. Tillman, Acting Deputy Assistant Secretary for Import Administration from James C. Doyle, Director, AD/CVD Operations, Office 9, Regarding Application of Total Adverse Facts Available to Fujian Naoshan (“Naoshan”) in the Final Determination of Sales at Less than Fair Value: Certain Tissue Paper Products from the People's Republic of China* (“ *PRC* ”) (“ *Fujian Naoshan AFA Memo* ”), both dated February 3, 2005, and which are hereby adopted by this notice. All other issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, dated February 3, 2005, which is also hereby adopted by this notice (“ *Issues and Decision Memorandum* ”). A list of the issues which parties raised and to which we respond in the *Issues and Decision Memorandum* is attached to this notice as an Appendix. The *Issues and Decision Memorandum* is a public document and is on file in the Central Records Unit (“CRU”), Main Commerce Building, Room B-099, and is accessible on the Web at *http://ia.ita.doc.gov/* . The paper copy and electronic version of the memorandum are identical in content. Verification As provided in section 782(i) of the Act, we verified the information submitted by the Mandatory Respondents for use in our final determination. *See* the Department's verification reports on the record of this investigation in the CRU with respect to China National and Fujian Naoshan. For all verified companies, we used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the respondents. Period of Investigation The period of investigation (“POI”) is July 1, 2003, through December 31, 2003. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition. *See* section 351.204(b)(1) of the Department's regulations. Surrogate Country In the *Preliminary Determination* , we stated that we had selected India as the appropriate surrogate country to use in this investigation for the following reasons:
(1)India is at a level of economic development comparable to that of the PRC;
(2)Indian manufacturers produce comparable merchandise and are significant producers of certain tissue paper products;
(3)India provides the best opportunity to use appropriate, publicly available data to value the FOPs. *See Preliminary Determination.* We received no comments from interested parties concerning our selection of India as the surrogate country. For the final determination, we have determined to continue to use India as the surrogate country and, accordingly, have calculated the PRC-wide rate using Indian data. We have obtained and relied upon publicly available information wherever possible. Separate Rates In the *Preliminary Determination* , the Department found that several companies which provided responses to Section A of the antidumping questionnaire were eligible for a rate separate from the PRC-wide rate. No party submitted comments challenging these separate rate determinations, so we continue to find that those companies remain eligible for a separate rate. For a complete listing of all the companies that received a separate rate, *see* the “Final Determination Margins” section below. The Department found that one Section A Respondent, Hunan Winco, did not provide sufficient information to support its request for a separate rate. Accordingly, Hunan Winco has not overcome the presumption that it is part of the PRC-wide entity and its entries will be subject to the PRC-wide rate. * See Issues and Decision Memo * at Comment 5. Magicpro, another Section A Respondent, stated that it was withdrawing from the investigation. Section A Respondent Fujian Xinjifu stated that it would not participate in the verification of its response. As such, these two companies did not overcome the presumption that they are part of the PRC-wide entity, and their entries will be subject to the PRC-wide rate. We have also found that China National and Fujian Naoshan are not entitled to separate rates. *See* the “Facts Available” section below. The margin we calculated in the *Preliminary Determination* for the companies receiving a separate rate was 91.32 percent. The rates of the selected Mandatory Respondents have changed since the *Preliminary Determination* as we are applying total AFA to them. The rate for Section A Respondents that are eligible for a separate rate is thus now the same as the PRC-wide rate, which is 112.64 percent. This rate was calculated by revising the petition margin and is the only rate available for use in this final determination. *See* the “PRC-Wide Rate” and “Margins for Cooperative Exporters Not Selected” sections below, and the *Memorandum from Kit L. Rudd, Case Analyst to the File Through Alex Villanueva, Program Manager, Regarding the Calculation and Corroboration of the PRC-Wide Rate* , (“ *PRC-Wide Rate Calculation Memo* ”). Critical Circumstances As described below in the “Facts Available” section, we are applying total AFA to China National and Fujian Naoshan. As part of total AFA for China National and Fujian Naoshan, we determine that they are not eligible for separate rates and are therefore part of the PRC-wide entity. *See Fujian Naoshan AFA Memo* and *China National AFA Memo* . No party submitted comments challenging the Department's critical circumstances finding in the *Preliminary Determination* with regard to the PRC-wide entity. As such, the Department continues to find that critical circumstances exist for the PRC-wide entity, including China National and Fujian Naoshan. Additionally, for this final determination we continue to find that critical circumstances do not exist with regard to imports of certain tissue paper products from the PRC for all the Section A Respondents granted a separate rate. For further details regarding the Department's critical circumstances analysis from the *Preliminary Determination, see* the *Memo from Edward C. Yang, Office Director to Jeffrey A. May, Deputy Assistant Secretary for Import Administration, Regarding the Antidumping Duty Investigation of Certain Tissue Paper Products and Certain Crepe Paper Products from the People's Republic of China (the “PRC”)—Partial Affirmative Preliminary Determination of Critical Circumstances for Importers of Certain Tissue Paper Products and Crepe Paper Products from the PRC* , dated September 21, 2004. The PRC-Wide Rate Because we begin with the presumption that all companies within a non-market economy (“NME”) country are subject to government control and because only the companies listed under the “Final Determination Margins” section below have overcome that presumption, we are applying a single antidumping rate—the PRC-wide rate—to all other exporters of subject merchandise from the PRC. Such companies did not demonstrate entitlement to a separate rate. *See,* *e.g.* , *Final Determination of Sales at Less Than Fair Value: Synthetic Indigo from the People's Republic of China* , 65 FR 25706 (May 3, 2000). The PRC-wide rate applies to all entries of subject merchandise except for entries from the respondents which are listed in the “Final Determination Margins” section below (except as noted). The information used to calculate this PRC-wide rate was corroborated with some small changes in accordance with section 776(c) of the Act. *See PRC-Wide Rate Calculation and Corroboration Memo, China National AFA Memo* and *Fujian Naoshan AFA Memo* . Facts Available Section 776(a)(2) of the Act provides that if an interested party:
(A)Withholds information that has been requested by the Department;
(B)fails to provide such information in a timely manner or in the form or manner requested, subject to subsections 782(c)(1) and
(e)of the Act;
(C)significantly impedes a determination under the antidumping statute; or
(D)provides such information but the information cannot be verified, the Department shall, subject to subsection 782(d) of the Act, use facts otherwise available in reaching the applicable determination. Section 776(b) of the Act states that if the administering authority finds that an interested party has not acted to the best of its ability to comply with a request for information, the administering authority may, in reaching its determination, use an inference that is adverse to that party. The adverse inference may be based upon:
(1)The petition,
(2)a final determination in the investigation under this title,
(3)any previous review under section 751 or determination under section 753, or
(4)any other information placed on the record. Total AFA for China National For the final determination, the Department is applying facts available to China National because it failed to provide verifiable FOP data and basis weight information that the Department had requested, in accordance with section 776(a)(2)(D) of the Act. Also, China National failed to report sales of subject merchandise to the United States made by one of its affiliates, in accordance with sections 776(a)(2)(A) and
(B)of the Act. Moreover, certain information regarding the financial statements of China National's three affiliated companies involved in the production and sale of subject merchandise calls into question the reliability of the data that would be used to calculate a margin. Furthermore, in accordance with section 776(b) of the Act, the Department found that China National failed to cooperate to the best of its ability to comply with the Department's request for information, and, therefore, finds an adverse inference is warranted in determining the facts otherwise available. We also have determined that China National is not eligible for a separate rate. For a complete discussion of this matter, *see* the *China National AFA Memo.* Total AFA for Fujian Naoshan For the final determination, the Department is applying facts available to Fujian Naoshan because it failed to disclose information regarding a possible relationship between it and another exporter of subject merchandise in China, in accordance with sections 776(a)(2)
(A)through
(D)of the Act. Furthermore, in accordance with section 776(b) of the Act, the Department found that Fujian Naoshan failed to cooperate to the best of its ability to comply with the Department's request for information, and, therefore, finds an adverse inference is warranted in determining the facts otherwise available. We also have determined that Fujian Naoshan is not eligible for a separate rate. For a complete discussion of this matter, *see* the *Fujian Naoshan AFA Memo* . Changes Since the Preliminary Determination Based on our findings at verification, additional information placed on the record of this investigation, and analysis of comments received, we have made changes that impact the dumping margins in this proceeding. For discussion of these changes, *see Issues and Decision Memo, China National AFA Memo, Fujian Naoshan AFA Memo* , and *PRC-Wide Rate Calculation and Corroboration Memo* . Margins for Section A Respondents Receiving a Separate Rate As we are applying total AFA to the Mandatory Respondents, those exporters who responded to Section A of the Department's antidumping questionnaire, established their claim for a separate rate, and had sales of the merchandise under investigation, but were not selected as Mandatory Respondents in this investigation, will receive the same rate as the PRC-wide rate, which is 112.64 percent. *See PRC-Wide Rate Calculation and Corroboration Memo* . This rate was calculated by revising the petition margin and is the only rate available for use in this final determination. *See* , *e.g., Notice of Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances: Certain Crepe Paper From The People's Republic of China* , 69 FR 70233 (December 3, 2004). Surrogate Values The Department made changes to the surrogate values used to calculate the PRC-wide rate from the *Preliminary Determination* . For a complete discussion of the surrogate values, *see Issues and Decisions Memorandum* at Comment 2. Final Determination Margins We determine that the following percentage weighted-average margins exist for the POI: Company Weighted-average margin (percent) PRC Wide Rate 112.64 Certain Tissue Paper Products From PRC Section A Respondents Manufacturer/exporter Weighted-average margin (percent) Qingdao Wenlong Co., Ltd. (“Qingdao Wenlong”) 112.64 Fujian Nanping Investment & Enterprise Co. (“Fujian Nanping”) 112.64 Fuzhou Light Industry Import & Export Co., Ltd. (“Fuzhou Light”) 112.64 Guilin Qifeng Paper Co. Ltd. (“Guilin Qifeng”) 112.64 Ningbo Spring Stationary Limited Company (“Ningbo Spring”) 112.64 Everlasting Business & Industry Corporation, Ltd. (“Everlasting”) 112.64 Anhui Light Industrial Import & Export Co., Ltd. (“Anhui Light”) 112.64 Samsam Production Limited & Guangzhou Baxi Printing Products Limited (“Samsam”) 112.64 Max Fortune Industrial Limited (“Max Fortune”) 112.64 Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing U.S. Customs and Border Protection (“CBP”) to continue to suspend liquidation of all entries of subject merchandise from the Section A Respondents that received a separate rate, that are entered, or withdrawn from warehouse, for consumption on or after the September 21, 2004, the date of publication of the *Preliminary Determination* . However, with respect to all other PRC exporters, the Department will continue to direct CBP to suspend liquidation of all entries of certain tissue paper products from the PRC that are entered, or withdrawn from warehouse, on or after 90 days before September 21, 2004, the date of publication of the *Preliminary Determination* . These suspension of liquidation instructions will remain in effect until further notice. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). United States International Trade Commission
(ITC)Notification In accordance with section 735(d) of the Act, we have notified the ITC of our final determination of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, within 45 days the ITC will determine whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: February 3, 2005. Barbara E. Tillman, Acting Assistant Secretary for Import Administration. Appendix Comment 1: Treatment of Mixed Packages Comment 2: Calculation of the Surrogate Financial Ratios Comment 3: Request for Initiation of Circumvention Inquiry Comment 4: Section A Rate—Max Fortune Industrial Limited (“Max Fortune”) Comment 5: Section A Rate—Hunan Winco Light Industry Product Import & Export Co. Ltd. (“Hunan Winco”) [FR Doc. E5-595 Filed 2-11-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [C-357-813] Notice of Extension of Time Limit for Final Results of Countervailing Duty Administrative Review: Honey From Argentina AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce. EFFECTIVE DATE: February 14, 2005. FOR FURTHER INFORMATION CONTACT: Dara Iserson or Thomas Gilgunn at
(202)482-4052 and
(202)482-4236, respectively; AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Background On January 15, 2004, the Department of Commerce (the Department) initiated an administrative review of the countervailing duty order on Honey from Argentina with respect to the Government of Argentina (GOA). *See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part,* 69 FR 3117 (January 22, 2004). The period of review
(POR)is January 1, 2003, through December 31, 2003. On December 13, 2004, the Department released the preliminary results. *See Honey from Argentina: Preliminary Results of Countervailing Duty Administrative Review,* 69 FR 7645 (December 21, 2004). Statutory Time Limits Section 351.213(h)(1) of the regulations requires the Department to issue the preliminary results of review within 245 days after the last day of the anniversary month of the order or suspension agreement for which the administrative review was requested, and the final results of an administrative review within 120 days after the date on which notice of preliminary results is published in the **Federal Register** . However, if the Department determines that it is not practicable to complete and review within the aforementioned specified time limits, section 351.213(h)(2) allows the Department to extend the 245-day-period to 365 days and to extend the 120-day period to 180 days. Extension of Time Limit for Final Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act) and section 351.213(h)(2) of the regulations, due to the complexity of issues related to certain loan programs and because the Department intends to verify the GOA's questionnaire responses, the Department finds that it is not practicable to complete this review by the current deadline of April 20, 2005. Therefore, the Department is extending the deadline for completion of the final results of the administrative review of the countervailing duty order on honey from Argentina by 60 days. The final results of the review will now be due no later than June 19, 2005, which is 180 days after the publication of the preliminary results. This notice is published pursuant to sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: February 7, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 05-2739 Filed 2-11-05; 8:45 am]
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CFR
- Assessment of antidumping and countervailing duties; provisional measures deposit cap; interest on certain overpayments and underpayments.§ 351.212
- Cash deposit rates; producer/exporter combination rates.§ 351.107
- Calculation of export price and constructed export price; reimbursement of antidumping and countervailing duties.§ 351.402
- Access to business proprietary information.§ 351.305
- Disclosure of calculations and procedures for the correction of ministerial errors.§ 351.224
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