Notices. Notice

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BILLING CODE 3510-DS-M DEPARTMENT OF COMMERCE International Trade Administration (C-423-809) Stainless Steel Plate in Coils from Belgium: Notice of Amended Final Results of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The United States Court of International Trade has affirmed the Department of Commerce's redetermination pursuant to remand regarding the administrative review of the countervailing duty order on stainless steel plate in coils from Belgium covering the period September 4, 1998, through December 31, 1999. *See ALZ N.V. v.

United States* , Slip Op. 04-38, Court No. 01-00834 (CIT April 22, 2004). Although the Department of Commerce appealed the United States Court of International Trade's decision to the United States Court of Appeals for the Federal Circuit, the Department of Commerce did not further pursue this appeal, and the United States Court of Appeals for the Federal Circuit dismissed the case. As there is now a final and conclusive court decision in this case, we are amending the final results of review and we will instruct U.S.

Customs and Border Protection to liquidate entries subject to this review. EFFECTIVE DATE: April 11, 2005. FOR FURTHER INFORMATION CONTACT: Melani Miller Harig or Marc Rivitz, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, Room 3099, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202)482-0116 and

(202)482-1382, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order Imports covered by the order are shipments of certain stainless steel plate in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed ( *e.g.* , cold-rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of this review are the following:

(1)plate not in coils,

(2)plate that is not annealed or otherwise heat treated and pickled or otherwise descaled,

(3)sheet and strip, and

(4)flat bars. In addition, certain cold-rolled stainless steel plate in coils is also excluded from the scope of this order. 1 The excluded cold-rolled stainless steel plate in coils is defined as that merchandise which meets the physical characteristics described above that has undergone a cold-reduction process that reduced the thickness of the steel by 25 percent or more, and has been annealed and pickled after this cold reduction process. 1 We note that, although the scope of the original order was revised ( *see Notice of Amended Countervailing Duty Orders; Certain Stainless Steel Plate in Coils from Belgium, Italy, and South Africa* , 68 FR 11524 (March 11, 2003)), the revised scope did not take effect until March 11, 2003. Thus, the revised scope is not applicable to the instant proceeding because this proceeding covered a time period (September 4, 1998 through December 31, 1999) prior to that date. On March 11, 2003, the Department revised the HTSUS numbers from the original scope description to take into account changes to the HTSUS numbers themselves since that time. The merchandise covered by this order is currently classifiable in the Harmonized Tariff Schedule of the United States (“ *HTSUS* ”) at subheadings 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS headings are provided for convenience and customs purposes, the written description of the scope is dispositive. Background On August 27, 2001, the Department of Commerce (“the Department”) published its final results of administrative review of the countervailing duty order on stainless steel plate in coils from Belgium covering the period September 4, 1998 through December 31, 1999. *See Stainless Steel Plate in Coils from Belgium: Final Results of Countervailing Duty Administrative Review* , 66 FR 45007 (August 27, 2001) (“ *First Review Final Results* ”). This review covered one producer/exporter, ALZ N.V. In the *First Review Final Results* , the Department found three equity purchases to confer countervailable subsidies: 1) the Government of Belgium's (“GOB”) purchases of the SIDMAR Group's (“Sidmar”) common and preference shares in 1984; 2) the GOB's purchases of ALZ N.V.'s (“ALZ”) common and preference shares in 1985; and 3) the GOB's 1985 debt-to-equity conversion for Sidmar. On July 11, 2003, the Court of International Trade (“CIT”) remanded to the Department its determination in the *First Review Final Results* . *See ALZ N.V. v. United States* , 283 F. Supp. 2d 1302 (CIT 2003). In its remand order, the CIT directed the Department 1) to apply the equityworthiness methodology in existence at the time of the original petition to the 1984 and 1985 equity investments into Sidmar, and the 1985 equity investment into ALZ; and 2)

(a)to scrutinize more closely the terms of the Memorandum of Understanding regarding the purchase of Sidmar's common and preference shares to determine whether such document indicates a binding decision to invest;

(b)to re-examine the record for any additional evidence regarding the date upon which the GOB decided to invest in Sidmar's common shares; and

(c)to explain the Department's reasoning for choosing the date it finds to be the date the GOB decided to invest. Although we disagreed with the CIT's instructions to apply the equityworthiness methodology in existence at the time the original petition in the investigation was filed (instead of the methodology that was in place at the time the request for administrative review in the proceeding in question was made, consistent with 19 CFR 351.702(a)(2)) to the 1984 and 1985 equity investments into Sidmar and the 1985 equity investment into ALZ, the Department complied with the CIT's remand instructions and issued the final results of redetermination on December 10, 2003. *See Final Results of Redetermination Pursuant to Court Remand: ALZ N.V. v. United States* , Slip Op. 03-81, Court No. 01-00834 (CIT July 11, 2003) (“ *Final Results of Redetermination* ”). As explained in the *Final Results of Redetermination* , we made changes to the Department's findings in the *First Review Final Results* relating to the GOB's 1984 and 1985 equity infusions in Sidmar and ALZ. Specifically, after applying the equityworthiness methodology in existence at the time the petition was filed and based upon our reconsideration, we determined that 1) ALZ was equityworthy at the time of the 1985 investment, and the GOB's purchase of ALZ's common and preference shares in 1985 was not a countervailable subsidy; 2) Sidmar was equityworthy at the time of the 1984 investment, and the GOB's purchase of Sidmar's common and preference shares in 1984 was not a countervailable subsidy; and 3) Sidmar was equityworthy in 1985, but the conversion of Sidmar's debt to equity (convertible profit-sharing bonds to *parts beneficiaires* ) was a countervailable subsidy because the price paid by the GOB exceeded the adjusted market value of Sidmar's common stock. As a result of the *Final Results of Redetermination* , we recalculated the margin for ALZ. On April 22, 2004, the CIT issued an order without an opinion affirming the Department's *Final Results of Redetermination* . *See ALZ N.V. v. United States* , Slip Op. 04-38, Court No. 01-00834 (CIT April 22, 2004) (“ *ALZ v. United States* ”). On May 11, 2004, consistent with the decision of the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) in *Timken Co. v. United States* , 893 F. 2d 337 (Federal Circuit 1990), the Department notified the public that the CIT's decision in *ALZ v.United States* was “not in harmony” with the *First Review Final Results* . *See Stainless Steel Plate in Coils From Belgium: Notice of Decision of the Court of International Trade* , 69 FR 26075 (May 11, 2004). On June 24, 2004, the Department appealed the CIT's decision to the Federal Circuit. The Department did not further pursue this appeal, and the Federal Circuit dismissed the case on October 28, 2004. As there is now a final and conclusive court decision in this action, we are amending our final results of review and we will instruct the U.S. Customs and Border Protection (“CBP”) to liquidate entries subject to this review. Amended Final Results Pursuant to section 516A(e) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act effective January 1, 1995 (“the Act”), we are now amending the final results of administrative review of the countervailing duty order on stainless steel plate in coils from Belgium for the period September 4, 1998 through December 31, 1999. In the *First Review Final Results* , we calculated individual subsidy rates for ALZ, the only producer/exporter subject to this administrative review. As noted in the *First Review Final Results* , because it is the Department's practice to calculate subsidy rates on an annual basis, we calculated a 1998 rate and a 1999 rate for ALZ. The rate calculated for 1998 will be applicable only to entries, or withdrawals from warehouse, for consumption made on or after September 4, 1998 and on or before December 31, 1998. The amended individual subsidy rates for ALZ for the *First Review Final Results* are as follows: Producer/Exporter (Applicable Year) Net Subsidy Rate ALZ N.V.

(1998)1.36 percent ALZ N.V.

(1999)0.97 percent The Department will issue appraisement instructions directly to the CBP. The Department will instruct the CBP to assess appropriate countervailing duties on the relevant entries of the subject merchandise covered by this review. In accordance with section 703(d) of the Act, countervailing duties will not be assessed on entries made during the period January 2, 1999 through May 10, 1999. We will also instruct the CBP to collect cash deposits of estimated countervailing duties at the 1999 rate on the f.o.b. value of all shipments of the subject merchandise from ALZ entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice. The cash deposit rates for all other companies not covered by this review are not changed by the amended final results of this review. This notice is issued and published in accordance with section 751(a)(1) of the Act. Dated: April 4, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-1658 Filed 4-8-05; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 040505B] Fisheries of the Exclusive Economic Zone Off Alaska; Notice of Requirement to Submit a Historical Catcher Vessel Economic Data Report, Under the Crab Rationalization Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: NMFS issues this notice to owners and leaseholders of all vessels listed in this document to submit a Historical Catcher Vessel Economic Data Report

(EDR)for each vessel that made at least one crab landing in the Crab Rationalization

(CR)fisheries in any of the calendar years 1998, 2001, or 2004. A Historical Catcher Vessel EDR must be submitted for each year 1998, 2001 and 2004, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and applicable regulations. The intent of this action is to provide notice for an evaluation of the economic effects of the CR. DATES: The completed Historical Catcher Vessel EDR for each vessel identified in Table A in this notice must be received by July 11, 2005. ADDRESSES: Submit the completed Historical Catcher Vessel EDR to the Pacific States Marine Fisheries Commission, 205 SE Spokane, Suite 100, Portland, OR 97202. A copy of the Historical Catcher Vessel EDR may be downloaded at *http://www.fakr.noaa.gov/sustainablefisheries/crab/crfaq.htm* . You are advised to carefully follow all instructions on the Historical Catcher Vessel EDR. FOR FURTHER INFORMATION CONTACT: Geana Tyler by e-mail at: *alaska_crab@psmfc.org* , or toll free at 1-877-741-8913. SUPPLEMENTARY INFORMATION: The final rule implementing the CR Program was published in the **Federal Register** on March 2, 2005 (70 FR 10174). It requires submission of historical economic data from owners and leaseholders of selected catcher vessels that made landings in Bering Sea and Aleutian Islands

(BSAI)CR Fisheries from 1998 to 2004. This collection of historical data is for the purpose of evaluating the economic effects of the CR Program. The regulations implementing the final rule at 50 CFR 680.6(a) states that these catcher vessels will be identified by notice in the **Federal Register** , and owners and leaseholders of the identified vessels are required to submit the Historical Catcher Vessel EDR based on selected years. Pursuant to the final rule, NMFS has selected calendar years 1998, 2001 and 2004 for submission of a Historical Catcher Vessel EDR. These years are selected to coincide with the three historical EDR years that will be submitted by BSAI crab catcher processors, inshore stationary floating processors, and shoreside processors. In comparison with other selection alternatives, such as a probability sample or other combinations of years, matching identical years across all BSAI crab industry sectors will allow a greater number of observations across the entire industry and will increase the probability that processing data will be sufficiently matched with data from harvesters delivering to the processors. A vessel owner or leaseholder of a catcher vessel listed in the Table A, for this notice, must submit a Historical Catcher Vessel EDR for all three years to the Pacific States Marine Fisheries Commission (see ADDRESSES ). According to Alaska Department of Fish and Game fish ticket data, these vessels have made at least one landing in each of the qualifying years. A copy of the Historical Catcher Vessel EDR may be downloaded at *http://www.fakr.noaa.gov/sustainablefisheries/crab/crfaq.htm* . You are advised to carefully follow all instructions on the EDR. Classification The Assistant Administrator for Fisheries, NOAA

(AA)finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as any delay in publishing this list of vessels would prevent some owners and leaseholders of these vessels from qualifying for issuance of crab Individual Fishing Quota (IFQ). The Historical Catcher Vessel EDR must be submitted as a condition of a complete application for IFQ. These applications must be submitted to NMFS in July 2005 so IFQ holders may participate in the golden king crab fishery which is scheduled to open in August 2005. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This notice contains a collection-of -information requirement subject to the Paperwork Reduction Act and which has been approved by OMB under control number 0648-0518. This notice has been determined to be not significant for purposes of Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: April 6, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Table A. Vessels listed by Alaska Department of Fish and Game Vessel Identification Number that are Required to Submit an Historical Catcher Vessel, Crab Economic Data Report

(EDR)for Year 1998, 2001 and 2004. ADF&G Vessel Identification Number 1 00002 00134 04067 09187 21591 29596 34053 35771 00003 00200 04100 09206 21610 29923 34184 35833 00004 00222 04147 09297 21612 29962 34189 35844 00007 00303 04252 09789 21630 30100 34191 35949 00012 00524 05959 10167 21652 30187 34260 35966 00013 00951 05992 11022 21730 30601 34374 35977 00016 00958 06101 11173 21738 31126 34434 36045 00022 00960 06152 12110 21745 31428 34517 36047 00025 00961 06205 12121 21769 31438 34635 36093 00030 00963 06369 12128 21802 31458 34855 36100 00033 00964 06374 12512 21809 31623 34905 36134 00034 00965 06434 12549 21869 31672 34919 36267 00036 00966 06440 13889 21881 31787 34931 36322 00037 00986 06448 14742 21900 31792 35199 36361 00039 00987 06459 14759 21924 31944 35233 36379 00040 00988 06460 14767 21927 31995 35265 36546 00041 00991 06485 14896 21948 31999 35277 36800 00043 00996 06666 14963 22293 32039 35286 36822 00052 00997 06700 16887 22406 32282 35306 37210 00053 01112 06710 17076 22461 32320 35318 37241 00055 01792 06858 17495 22777 32373 35418 37316 00058 01803 06900 17745 23105 32415 35486 37374 00064 01837 06946 17768 23460 32424 35522 37619 00065 01840 07011 17770 24194 32473 35553 37677 00066 03404 07082 18208 24923 32554 35563 37887 00067 03503 07090 19354 25041 32660 35629 38121 00077 03525 07189 20134 25187 32668 35630 38182 00097 03535 08225 20334 25216 32716 35639 38243 00101 03645 08411 20363 25970 32728 35640 38342 00103 03716 08500 20502 26280 32868 35679 38400 00104 03718 08653 20556 26928 33100 35683 38415 00120 03725 08668 20734 27326 33502 35687 38547 00121 03800 08788 20745 27790 33696 35733 38641 00131 04021 09069 21312 29407 33704 35767 38727 38728 40921 43765 48068 55640 59340 61321 63478 38923 40924 43809 48173 55803 59483 61324 64128 38972 40951 43824 48215 55849 59521 61333 64609 38999 40969 43873 48350 55854 59569 61351 64667 39002 41021 43943 49100 56049 59578 61352 65328 39156 41035 44107 49141 56111 59607 61395 65329 39165 41044 44487 49317 56126 59634 61432 65331 39191 41312 44575 49617 56140 59686 61505 65465 39197 41347 44658 49892 56492 59782 61565 65504 39198 41401 44804 50142 56986 59967 61571 65577 39201 41421 44829 50183 56992 60100 61605 66023 39349 41444 44971 50501 57469 60179 61657 66700 39424 41588 45060 51347 57477 60210 61674 67511 39504 41628 45066 51672 57660 60217 61679 67659 39513 41715 45140 51752 57706 60250 61689 67870 39737 41774 45416 51841 57709 60484 61718 68008 39812 41906 45479 51978 57822 60523 61791 68599 39858 41999 45643 52037 57847 60650 61826 68869 39860 42069 45706 52052 57880 60804 61954 68870 39926 42079 45921 52119 57934 60860 62288 68913 39946 42110 45949 53375 57971 60865 62343 69024 40071 42144 45978 53446 58024 60902 62424 69553 40217 42166 46300 53779 58039 61075 62436 69597 40250 42234 46309 53800 58129 61111 62439 69765 40252 42384 46331 53810 58133 61119 62505 70030 40309 42389 46496 53843 58184 61127 62841 70135 40484 42599 46553 54642 58239 61154 62844 70221 40555 42736 46701 54865 58330 61160 62901 70492 40749 43046 46854 54956 58776 61182 62920 70770 40762 43080 47647 55111 58966 61186 62922 71174 40817 43268 47790 55123 58967 61223 63000 71626 40837 43384 47826 55124 59109 61244 63163 72318 40840 43541 47839 55131 59181 61261 63219 72847 40917 43552 47952 55194 59191 61278 63361 73557 1 Vessel ID for listed year (1998, 2001, 2004) from Alaska Department of Fish and Game (ADF&G) Vessel File, based upon at least one landing in ADF&G Fish Ticket File [FR Doc. E5-1651 Filed 4-8-05; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE Patent and Trademark Office Submission for OMB Review; Comment Request The United States Patent and Trademark Office (USPTO) has submitted to the Office of Management and Budget

(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* United States Patent and Trademark Office (USPTO). *Title:* Recording Assignments. *Form Number(s):* PTO-1594, PTO-1595. *Agency Approval Number:* 0651-0027. *Type of Request:* Revision of a currently approved collection. *Burden:* 165,648 hours annually. *Number of Respondents:* 331,294 responses per year. *Avg. Hours Per Response:* The USPTO estimates that it will take the public approximately 30 minutes (0.5 hours) to gather the necessary information, prepare the forms, and submit a completed request to record an assignment document for a patent or trademark property. *Needs and Uses:* Under 35 U.S.C. 261 and 262 and 15 U.S.C. 1057 and 1060, the USPTO records patent and trademark assignment documents that show the transfer of ownership of applications, patents, and trademark registrations from one entity to another. The USPTO administers these statutes through 37 CFR Part 3 (3.1-3.85) for patents and trademarks, and also 37 CFR 2.146 and 2.171 for trademarks. To record an assignment, the respondent must submit an appropriate cover sheet along with copies of the assignment documents to be recorded and payment of the appropriate fee. The recorded documents are available for public inspection except for those documents that are sealed under secrecy orders or related to unpublished patent applications. The USPTO is adding two new online forms to this collection for the Electronic Patent Assignment System

(EPAS)and Electronic Trademark Assignment System (ETAS), which enable customers to submit patent and trademark assignment documents electronically through the USPTO Web site. *Affected Public:* Individuals or households, businesses or other for-profits, not-for-profit institutions, farms, the Federal Government, and state, local or tribal governments. *Frequency:* On occasion. *Respondent's Obligation:* Required to obtain or retain benefits. *OMB Desk Officer:* David Rostker,

(202)395-3897. Copies of the above information collection proposal can be obtained by any of the following methods: • E-mail: *Susan.Brown@uspto.gov.* Include “0651-0027 copy request” in the subject line of the message. • Fax: 571-273-0112, marked to the attention of Susan Brown. • Mail: Susan K. Brown, Records Officer, Office of the Chief Information Officer, Office of Data Architecture and Services, Data Administration Division, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. Written comments and recommendations for the proposed information collection should be sent on or before May 11, 2005 to David Rostker, OMB Desk Officer, Room 10202, New Executive Office Building, 725 17th Street NW., Washington, DC 20503. Dated: April 4, 2005. Susan K. Brown, Records Officer, USPTO, Office of the Chief Information Officer, Office of Data Architecture and Services, Data Administration Division. [FR Doc. 05-7149 Filed 4-8-05; 8:45 am]

Connections12 off-index

12 references not yet in our index

283 F. Supp. 2d 1302
19 CFR 351.702(a)(2)
893 F.2d 337
50 CFR 680.6(a)
5 USC 553(b)(B)
5 USC 553(d)(3)
EO 12866
16 USC 1801
35 USC 261
15 USC 1057
37 CFR 3
37 CFR 2.146

Citation graph

cites case law

Notices

Notice

F. Supp.283 F. Supp. 2d 1302

F. App'x893 F.2d 337

Cite19 CFR 351.702(a)(2)

Cite50 CFR 680.6(a)

Cite5 USC 553(b)(B)

Cites 12 · showing 5Cited by 0 across 0 sources