Notices. Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation

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BILLING CODE 6335-01-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. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230, telephone:

(202)482-4697. 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, may request, in accordance with section 351.213

(2002)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 September 2005, interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in September for the following periods: Antidumping Duty Proceedings Period ARGENTINA: Certain Hot-Rolled Carbon Steel Flat Products A-357-814 9/1/04 - 8/31/05 BELARUS: Steel Concrete Reinforcing Bars A-822-804 9/1/04 - 8/31/05 CANADA: New Steel Rail, Except Light A-122-804 9/1/04 - 2/8/05 INDONESIA: Steel Concrete Reinforcing Bars A-560-811 9/1/04 - 8/31/05 ITALY: Stainless Steel Wire Rod A-475-820 9/1/04 - 8/31/05 JAPAN: Flat Panel Displays A-588-817 9/1/04 - 8/31/05 JAPAN: Stainless Steel Wire Rod A-588-843 9/1/04 - 8/31/05 LATVIA: Steel Concrete Reinforcing Bars A-449-804 9/1/04 - 8/31/05 MOLDOVA: Steel Concrete Reinforcing Bars A-841-804 9/1/04 - 8/31/05 POLAND: Steel Concrete Reinforcing Bars A-455-803 9/1/04 - 8/31/05 REPUBLIC OF KOREA: Stainless Steel Wire Rod A-580-829 9/1/04 - 8/31/05 REPUBLIC OF KOREA: Steel Concrete Reinforcing Bars A-580-844 9/1/04 - 8/31/05 SOUTH AFRICA: Certain Hot-Rolled Carbon Steel Flat Products A-791-809 9/1/04 - 8/31/05 SPAIN: Stainless Steel Wire Rod A-469-807 9/1/04 - 8/31/05 SWEDEN: Stainless Steel Wire Rod A-401-806 9/1/04 - 8/31/05 TAIWAN: Stainless Steel Wire Rod A-583-828 9/1/04 - 8/31/05 THE PEOPLE'S REPUBLIC OF CHINA: Foundry Coke A-570-862 9/1/04 - 8/31/05 THE PEOPLE'S REPUBLIC OF CHINA: Freshwater Crawfish Tail Meat A-570-848 9/1/04 - 8/31/05 THE PEOPLE'S REPUBLIC OF CHINA: Greige Polyester/Cotton Printcloth A-570-101 9/1/04 - 8/31/05 THE PEOPLE'S REPUBLIC OF CHINA: Steel Concrete Reinforcing Bars A-570-860 9/1/04 - 8/31/05 UKRAINE: Silicomanganese A-823-805 9/1/04 - 8/31/05 UKRAINE: Solid Agricultural Grade Ammonium Nitrate A-823-810 9/1/04 - 8/31/05 UKRAINE: Steel Concrete Reinforcing Bars A-823-809 9/1/04 - 8/31/05 Countervailing Duty Proceedings ARGENTINA: Certain Hot-Rolled Carbon Steel Flat Products C-357-815 1/1/04 - 12/31/04 BRAZIL: Hot-Rolled Carbon Steel Flat Products C-351-829 1/1/04 - 12/31/04 CANADA: New Steel Rail, Except Light Rail C-122-805 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. 1 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. 1 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the non-market economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. 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://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, N.W., Washington, D.C. 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Operations, 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 September 2005. If the Department does not receive, by the last day of September 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 U.S. Customs and Border Protection 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 warehouse, 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: August 23, 2005. Holly A. Kuga, Senior Office Director AD/CVD Operations, Office 4, for Import Administration. [FR Doc. E5-4801 Filed 8-31-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-year (“Sunset”) Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“the Department”) is automatically initiating five-year (“Sunset Reviews”) of the antidumping duty orders listed below. The International Trade Commission (“the Commission”) is publishing concurrently with this notice its notice of *Institution of Five-year Review* which covers these same orders. EFFECTIVE DATE: September 1, 2005. FOR FURTHER INFORMATION CONTACT: The Department official identified in the *Initiation of Review(s)* section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th & Constitution Ave., NW, Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at

(202)205-3193. SUPPLEMENTARY INFORMATION: Background The Department's procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3 - *Policies Regarding the Conduct of Five-year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin* , 63 FR 18871 (April 16, 1998) (“ *Sunset Policy Bulletin* ”). Initiation of Reviews In accordance with 19 CFR 351.218(c), we are initiating the Sunset Reviews of the following antidumping duty orders: DOC Case No. ITC Case No. Country Product Department Contact A-570-832 731-TA-696 PRC Pure Magnesium (Ingot) Maureen Flannery

(202)482-3020 A-580-810 731-TA-540 South Korea Welded ASTM A-312 Stainless Steel Pipe Dana Mermelstein

(202)482-1391 A-583-815 731-TA-541 Taiwan Welded ASTM A-312 Stainless Steel Pipe Dana Mermelstein

(202)482-1391 Filing Information As a courtesy, we are making information related to Sunset proceedings, including copies of the Department's regulations regarding *Sunset Reviews* (19 CFR 351.218) and Sunset Policy Bulletin, the Department's schedule of Sunset Reviews, case history information (i.e., previous margins, duty absorption determinations, scope language, import volumes), and service lists available to the public on the Department's Sunset Review website at the following address: “http://ia.ita.doc.gov/sunset/.” All submissions in these sunset reviews must be filed in accordance with the Department's regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Because deadlines in a Sunset Review can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (“APO”) immediately following publication in the **Federal Register** of the notice of initiation of the sunset review. The Department's regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304-306. Information Required from Interested Parties Domestic interested parties (defined in section 771(9)(C), (D), (E), (F), and

(G)of the Act and 19 CFR 351.102(b)) wishing to participate in these sunset reviews must respond not later than 15 days after the date of publication in the **Federal Register** of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the orders without further review. *See* 19 CFR 351.218(d)(1)(iii). If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that *all parties* wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the **Federal Register** of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department's information requirements are distinct from the Commission's information requirements. Please consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews. 1 Please consult the Department's regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. Dated: August 19, 2005. Holly A. Kuga, Senior Office Director AD/CVD Operations, Office 4 for Import Administration. [FR Doc. E5-4800 Filed 8-31-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Upcoming Sunset Reviews. Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended, the Department of Commerce (“the Department”) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for October 2005 The following Sunset Reviews are scheduled for initiation in October 2005 and will appear in that month's Notice of Initiation of Five-year Sunset Reviews. Antidumping Duty Proceedings Department Contact Gray Portland Cement & Clinker from Japan (A-588-815) Zev Primor

(202)482-4114 Gray Portland Cement & Clinker from Mexico (A-201-802) Zev Primor

(202)482-4114 Countervailing Duty Proceedings No countervailing duty proceedings are scheduled for initiation in October 2005 Suspended Investigations No suspended investigations are scheduled for initiation in October 2005 The Department's procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3--Policies Regarding the Conduct of Five-year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (“Sunset Policy Bulletin”). The Notice of Initiation of Five-year (“Sunset”) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: August 19, 2005. Holly A. Kuga, Senior Office Director, AD/CVD Operations, Office 4 for Import Administration. [FR Doc. E5-4802 Filed 8-31-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Import Administration [A-533-824] Notice of Amended Final Determination in Accordance With Court Decision: Antidumping Duty Investigation of Polyethylene Terephthalate Film, Sheet, and Strip from India AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 12, 2005, the United States Court of Appeals for the Federal Circuit

(CAFC)affirmed the decision of the Court of International Trade

(CIT)to sustain the final remand determination of the Department of Commerce (the Department) in the antidumping duty

(AD)investigation of polyethylene terephthalate film, sheet, and strip (PET film) from India. *See* , *Dupont Teijin Films USA, LP, et al, v. United States and Polyplex Corp. Ltd.* , Slip Op. 04-1548, (May 12, 2005), and the Department's Final Results of Redetermination Pursuant to Court Remand in Dupont Teijin Films USA, LP, *et al* , v. United States and Polyplex Corp. Ltd., Consol. Court No. 02-00463. As there is now a final and conclusive court decision in this case, the Department is amending the final determination of sales at less than fair value. EFFECTIVE DATE: September 1, 2005. FOR FURTHER INFORMATION CONTACT: Drew Jackson or Howard Smith at

(202)482-4406 or

(202)482-5193, respectively; AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On May 16, 2002, the Department published in the **Federal Register** the *Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip from India* , 67 Fed. Reg. 34899 (May 16, 2002) ( *Final Determination* ), covering the period April 1, 2000, through March 31, 2001. 1 In that determination, the Department calculated a dumping margin of 10.34 percent for Polyplex Corporation Limited (Polyplex); however, it excluded Polyplex from the AD order on PET film from India because its AD cash deposit rate was zero percent. The Department calculated the zero percent AD cash deposit rate by reducing the dumping margin of 10.34 percent by the 18.66 percent countervailing duty

(CVD)rate on export subsidies that was established in the companion CVD investigation. *See* , *Issues and Decision Memorandum* accompanying the *Final Determination* at Comment 2. The petitioners filed a motion for judgment upon the agency record contesting the *Final Determination* , claiming that the Department should not have excluded Polyplex from the AD order based on a zero cash deposit rate when Polyplex's dumping margin is greater than *de minimis* . The Court of International Trade

(CIT)held that the Department's exclusion of Polyplex from the order was in error, noting that the Department cannot exclude an exporter from an order because its cash deposit rate is zero. *See* , *Dupont Teijin Films USA, LP, et al, v. United States and Polyplex Corp. Ltd.* , 273 F. Supp. 2d 1347, 1352 (CIT July 9, 2003). In remanding the case to the Department, the CIT stated that the Department must calculate Polyplex's dumping margin after considering the applicability of 19 U.S.C. § 1677a 2 and must find Polyplex's merchandise to be subject to the AD order on PET film from India if the Department continues to calculate a dumping margin for the company of 10.34 percent. 1 This determination was subsequently amended to reflect the correction of a ministerial error. *See* , *Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip from India* , 67 Fed. Reg. 44175 (July 1, 2002). 2 This section of the statute requires U.S. price to be increased by the amount of any countervailing duty imposed to offset export subsidies. In the *Final Determination* , the Department accounted for the countervailing duty on export subsidies by adjusting the AD cash deposit rate, rather than U.S. price. On August 11, 2003, the Department issued its Final Results of Redetermination Pursuant to Court Remand in which it explained that countervailing duties are imposed upon the issuance of a CVD order, and that, at the time the Department issued its *Final Determination* , the order in the companion CVD investigation had not yet been issued. Thus, the Department argued, Polyplex's sales were not subject to a CVD order, and the decision not to increase U.S. price by the amount of the countervailing duty on export subsidies that was established in the companion CVD investigation was consistent with 19 U.S.C. § 1677a. Because Polyplex's dumping margin was 10.34 percent, the Department determined, consistent with the finding of the CIT decision, that Polyplex is subject to the AD order on PET film from India. In *Dupont Teijin Films USA, LP, et al, v. United States and Polyplex Corp. Ltd.* , 297 F. Supp. 2d 1367 ( *Dupont Teijin II* ), the CIT sustained the Department's determination in part, but remanded the case in part, instructing the Department to address certain concerns regarding the application of its new interpretation of “imposed.” On March 3, 2004, the Department issued its second Final Results of Redetermination Pursuant to Court Remand (Second Remand Determination) in which it addressed the CIT's concerns. On June 18, 2004, the CIT sustained the Department's Second Remand Determination in its entirety. *See* , *Dupont Teijin Films USA, LP, et al, v. United States and Polyplex Corp. Ltd.* , No. 02-00463, 2004 WL 1368838 (CIT June 18, 2004)( *Dupont Teijin III* ). Polyplex timely appealed this decision to the CAFC. On May 12, 2005, the CAFC affirmed the decision of the CIT in *Dupont Teijin III* , thereby sustaining the Department's Second Remand Determination and its determination that Polyplex is subject to the AD duty order on PET film from India. As the litigation in this case has concluded, the Department is amending the *Final Determination* . Because the Department calculated a weighted-average dumping margin of 10.34 percent for Polyplex, Polyplex is subject to the AD order on PET film from India. However, as discussed above, for cash deposit purposes, the Department is subtracting from Polyplex's cash deposit rate the CVD rate on export subsidies that was established in the companion affirmative CVD determination ( *i.e.* , 18.66 percent). After this adjustment, the cash deposit rate for Polyplex is zero. This notice is issued and published in accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended. Dated: August 26, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-4799 Filed 8-31-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade Advisory Committee (ETTAC) AGENCY: International Trade Administration, U.S. Department of Commerce. ACTION: Cancellation Notice of September 16, 2005 Open Meeting. *Date:* September 16, 2005. *Time:* 8:30 a.m. to 4 p.m. *Place:* Department of Commerce, 14th and Constitution NW., Washington DC 20230, Room 4830. SUMMARY: The Environmental Technologies Trade Advisory Committee (ETTAC) has elected to cancel its previously scheduled September 16, 2005 plenary meeting. The meeting will be rescheduled for a later time to be determined in 2005. The ETTAC is mandated by Public Law 103-392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently rechartered until May 30, 2006. For further information phone Joseph Ayoub, Office of Energy and Environmental Technologies Industries (OEEI), International Trade Administration, U.S. Department of Commerce at

(202)482-5225 or *Joseph.Ayoub@mail.doc.gov.* Dated: August 26, 2005. Carlos F. Montoulieu, Director, Office of Energy and Environmental Industries. [FR Doc. E5-4798 Filed 8-31-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Science Advisory Board AGENCY: Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of charter renewal. SUMMARY: The Department of Commerce's Chief Financial Officer and Assistant Secretary for Administration has renewed the charter for the Science Advisory Board

(SAB)for a 2-year period, through August 9, 2007. The SAB is a federal advisory committee under the Federal Advisory Committee Act (Pub. L. 92-463). DATES: Renewed through August 9, 2007. SUPPLEMENTARY INFORMATION: The charter has evolved since the SAB's inception in 1997 so as to accurately describe the SAB's purpose, membership, and administrative provisions. To more fully align the charter with the current state of the SAB and NOAA, the renewal charter has been modified as follows:

(1)The first Objective has been changed to: “The SAB will advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services, so as to better understand and predict changes in the Earth's environment and conserve and manage coastal and marine resources to meet the Nation's economic, social, and environmental needs.” This change aligns the charter with NOAA's mission statement.

(2)The SAB's Objectives and Duties now authorize the SAB to conduct NOAA Cooperative Institute reviews, in addition to those of NOAA laboratories and programs.

(3)The Administrative Provisions have been modified to clarify that the SAB reports only to the Under Secretary, and so strengthens its senior advisory role within NOAA.

(4)The Administrative Provisions have also been modified to clarify that, when deemed appropriate, the SAB can choose to appoint NOAA employees to task forces and working groups. FOR FURTHER INFORMATION CONTACT: Dr. Michael Uhart, Executive Director, Science Advisory Board, NOAA, Rm. 11152, 1315 East-West Highway, Silver Spring, Maryland 20910. (Phone: 301-713-9121, Fax: 301-713-3515, E-mail: *Michael.uhart@noaa.gov* ); or visit the NOAA SAB Web site at *http://www.sab.noaa.gov.* Dated: August 26, 2005. Louisa Koch, Deputy Assistant Administrator, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 05-17443 Filed 8-31-05; 8:45 am]

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