Notices. Notice of panel decision

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BILLING CODE 3510-JT-M DEPARTMENT OF COMMERCE International Trade Administration [A-570-899] Notice of Postponement of Preliminary Determination of Antidumping Duty Investigation: Certain Artist Canvas from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: Jon Freed or Robert Bolling, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone:

(202)482-3818 or

(202)482-3434, respectively. SUPPLEMENTARY INFORMATION: Postponement of Preliminary Determination On April 28, 2005, the Department of Commerce (“Department”) published the initiation of the antidumping duty investigation of imports of certain artist canvas from the People's Republic of China. * See Initiation of Antidumping Duty Investigation: Certain Artist Canvas from the People's Republic of China* , 70 FR 21996 (April 28, 2005). The notice of initiation stated that we would make our preliminary determination for this antidumping duty investigation no later than 140 days after the date of issuance of the initiation. On August 11, 2005, Tara Materials Inc. (“Petitioner”) made a timely request pursuant to 19 CFR §351.205(e) for a 29-day postponement of the preliminary determination until October 7, 2005. On August 19, 2005, the Department published a notice in the **Federal Register** postponing the preliminary determination by 29 days to October 7, 2005. *See Notice of Postponement of Preliminary Determination of Antidumping Duty Investigation: Certain Artist Canvas from the People's Republic of China* , 70 FR 48667, (August 19, 2005). On September 29, 2005, Petitioner made a timely request for a postponement of the preliminary determination for the maximum period authorized by section 733(c)(1)(A) of the Tariff Act of 1930, as amended (“the Act”), until October 28, 2005. Petitioner requested postponement of the preliminary determination because it believes extraordinarily complex issues exist with respect to this case and additional time is necessary to allow it to review the responses to the supplemental questionnaires and submit comments to the Department, and also to allow the Department time to analyze thoroughly the respondents' data and to seek additional information, if necessary. Under section 733(c)(1)(A) of the Act, if Petitioner makes a timely request for a postponement of the preliminary determination, the Department may postpone the preliminary determination under subsection (b)(1) until no later than the 190th day after the initiation of the investigation. Therefore, for the reasons identified by Petitioner, and because there are no compelling reasons to deny the request, we are postponing the preliminary determination under section 733(c)(1)(A) of the Act by an additional 21 days to October 28, 2005. The deadline for the final determination will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to sections 733(c)(2) of the Act and 19 CFR 351.205(f)(i). Dated: October 5, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5602 Filed 10-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-122-840] Notice of Extension of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Canada AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: Salim Bhabhrawala or David Neubacher, at

(202)482-1784 or

(202)482-5823, respectively; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department of Commerce (the Department) to issue

(1)the preliminary results of a review within 245 days after the last day of the month in which occurs the anniversary of the date of publication of an order or finding for which a review is requested, and

(2)the final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within that time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days and the final results to a maximum of 180 days (or 300 days if the Department does not extend the time limit for the preliminary results) from the date of the publication of the preliminary results. *See also* 19 CFR 351.213(h)(2). Extension of Final Results of Review The preliminary results of this review were published on July 20, 2005. We determine that it is not practicable to complete the final results of this review within the original time limits. Due to the complexity of issues present in this administrative review, such as the issues of interest expense and a request to split the reporting period for cost of production, the Department needs more time to address these items and evaluate the issues more thoroughly. Therefore, we are extending the deadline for the final results of the above-referenced review by 60 days and the final results will be issued no later than, Monday, January 16, 2006. This extension is in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Dated: October 6, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-5605 Filed 10-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Postponement of Preliminary Determinations of Antidumping Duty Investigations: Diamond Sawblades and Parts Thereof from the People's Republic of China (A-570-900) and the Republic of Korea (A-580-855) AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: Carrie Blozy (People's Republic of China) or Mark Manning (Republic of Korea), Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone:

(202)482-5403 or

(202)482-5253, respectively. SUPPLEMENTARY INFORMATION: Postponement of Preliminary Determinations On June 21, 2005, the Department of Commerce (“Department”) published the initiation of the antidumping duty investigations of imports of diamond sawblades and parts thereof from the People's Republic of China and the Republic of Korea. *See Initiation of Antidumping Duty Investigations: Diamond Sawblades and Parts Thereof from the People's Republic of China and the Republic of Korea* , 70 FR 35625 (June 21, 2005). The notice of initiation stated that the Department would make its preliminary determinations for these antidumping duty investigations no later than 140 days after the date of issuance of the initiation. On September 26, 2005, the Diamond Sawblade Manufacturers' Coalition and its individual members (“Petitioners”) made timely requests pursuant to 19 CFR 351.205(e) for a fifty-day postponement of these preliminary determinations, until December 20, 2005. Petitioners requested postponement of these preliminary determinations to allow the Department additional time in which to review the responses and issue requests for clarification and additional information. For the reasons identified by the Petitioners, and because there are no compelling reasons to deny the request, the Department is postponing these preliminary determinations under section 733(c)(1)(A) of the Tariff Act of 1930, as amended (“the Act”), by fifty days to December 20, 2005. The deadline for these final determinations will continue to be 75 days after the date of these preliminary determinations, unless extended. This notice is issued and published pursuant to sections 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: October 6, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5600 Filed 10-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-533-809] Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review and Notice of Partial Rescission: Certain Forged Stainless Steel Flanges from India AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-0408 and

(202)482-0649, respectively. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (the Department) published an antidumping duty order on certain forged stainless steel flanges from India on February 9, 1994. *See Amended Final Determination and Antidumping Duty Order; Certain Forged Stainless Steel Flanges from India* , 59 FR 5994 (February 9, 1994). On February 28, 2005, Echjay Forgings, Ltd. (Echjay), Hilton Forge India (Hilton Forge), Paramount Forge Ltd./Ganguly Associates (Paramount), and Viraj Forgings, Ltd. (Viraj), Indian producers of subject merchandise, requested that the Department conduct an administrative review. On March 23, 2005, the Department initiated this administrative review. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 70 FR 14643 (March 23, 2005). Partial Rescission On April 18, 2005, respondents Viraj and Hilton Forge withdrew their requests for review. *See* Letter from Respondents to the Department dated April 18, 2005, which is on file in the Central Records Unit (CRU), room B-099, of the main Commerce Department building. The applicable regulation, 19 CFR 351.213(d)(1), states that if a party who requested an administrative review withdraws the request within 90 days of the publication of the notice of initiation of the requested review, the Secretary will rescind the review. Viraj and Hilton Forge withdrew their requests within the 90-day deadline, in accordance with 19 CFR 351.213(d)(1). No other party requested an administrative review of Viraj and Hilton Forge. Therefore, for Viraj and Hilton Forge, we are rescinding this review of the antidumping duty order on certain forged stainless steel flanges from India covering the period March 1, 2004, through February 28, 2005. Extension of Time Limit for Preliminary Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Tariff Act), the deadlines for preliminary and final results of this administrative review are October 31, 2005, and February 28, 2006, respectively. The Department, however, may extend the deadline for completion of the preliminary results of a review if it determines it is not practicable to complete the preliminary results within the statutory time limit. *See* section 751(a)(3)(A) of the Tariff Act and 19 CFR 351.213(h)(2). In this case, the Department has determined it is not practicable to complete this review within the statutory time limit because of significant issues that require additional time to evaluate. These include potential affiliation issues and questions concerning the questionnaire responses that may require additional supplemental questionnaires. Therefore, the Department is extending the time limit for completion of the preliminary results for Echjay and Paramount until February 28, 2006, in accordance with section 751(a)(3)(A) of the Tariff Act. The deadline for the final results of this review will be 120 days after publication of the preliminary results in the **Federal Register** . *See* section 751(a)(3)(A) of the Tariff Act; 19 CFR 351.213(h)(2). This notice is issued and published in accordance with sections 751(a)(3)(A), 751(a)(1) and 777(i)(l) of the Tariff Act and 19 CFR 351.213(d)(4). Dated: September 29, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-5604 Filed 10-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-803] Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Notice of Court Decision Not In Harmony AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 22, 2005, in *Tianjin Machinery Import & Export Corp., v. United States and Ames True Temper* , Slip Op. 05-127, the Court of International Trade

(CIT)affirmed the Results of Redetermination Pursuant to Court Remand released by the Department of Commerce (the Department) on July 20, 2004. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit

(CAFC)in *Timken Co. v. United States* , 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a “conclusive” decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection

(CBP)to liquidate all relevant entries from Tianjin Machinery Import & Export Corporation (TMC), as appropriate. EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230, telephone 202-482-3936, fax 202-482-5105. SUPPLEMENTARY INFORMATION: Background On September 22, 2003, the Department issued its final scope ruling in which we determined that the cast picks imported by TMC are included within the scope of the antidumping duty order on picks/mattocks. *See* Memorandum to the File from Thomas Futtner, Acting Office Director, to Holly A. Kuga, Acting Deputy Assistant Secretary for Group II, “Final Scope Ruling - Request by Tianjin Machinery Import & Export Corporation for a Ruling on Cast Picks,” dated September 22, 2003 (TMC Scope Ruling). TMC filed a summons and complaint with the CIT on October 8 and 17, 2003, respectively, challenging the TMC Scope Ruling. In response to TMC's motion for judgment on the administrative record, the Department moved for and obtained from the CIT an order for a voluntary remand to reconsider the determination made in the TMC Scope Ruling in view of the decision of the CAFC in *Duferco Steel, Inc. v. United States* , 296 F.3d 1087 (Fed Cir. 2002). On April 7, 2004, the CIT granted the Department's unopposed motion for a voluntary remand. The Department filed its redetermination pursuant to the CIT's remand on July 20, 2004, in which the Department reconsidered the determination set forth in the TMC Scope Ruling and concluded that the cast picks at issue do not fall within the scope of the picks/mattocks order. *See* Results of Redetermination Pursuant to Court Remand for Tianjin Machinery Import & Export Corporation v. United States and Ames True Temper at 1 (July 20, 2004). On September 22, 2005, the CIT affirmed the Department's redetermination. Suspension of Liquidation The CAFC, in *Timken* , held that the Department must publish notice of a decision of the CIT or the CAFC which is not in harmony with the Department's determination. Publication of this notice fulfills that obligation. The CAFC also held that the Department must suspend liquidation of the subject merchandise until there is a “conclusive” decision in the case. Therefore, pursuant to *Timken* , the Department must continue to suspend liquidation of unliquidated entries pending the expiration of the period to appeal the CIT's September 22, 2005, decision affirming the Department's remand results or pending a final decision of the CAFC if that decision is appealed. The Department will instruct CBP to liquidate relevant unliquidated entries of the subject merchandise without regard to antidumping duties in the event that the CIT's ruling is not appealed, or if appealed and upheld by the CAFC. We are issuing and publishing this notice in accordance with section 516A(c)(1) of the Tariff Act of 1930, as amended. Dated: October 5, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5607 Filed 10-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-122-838] Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that Produits Forestiers Arbec Inc. (Arbec) is the successor-in-interest to Uniforêt Inc. (Uniforêt) and, as a result, should be accorded the same treatment previously accorded to Uniforêt in regard to the antidumping order on certain softwood lumber products from Canada as of the date of publication of this notice in the **Federal Register** . EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: Saliha Loucif or Constance Handley, at

(202)482-1779 or

(202)482-0631, respectively; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On June 29, 2005, Uniforêt requested that the Department initiate and conduct an expedited changed circumstances review, in accordance with section 751(b) of the Act and sections 351.216(b) and 351.221(c)(3) of the Department's regulations, to confirm that Arbec is the successor-in-interest to Uniforêt. On August 26, 2005, the Department initiated this review and simultaneously issued its preliminary results that Arbec is the successor-in-interest to Uniforêt and should receive Uniforêt's cash deposit rate of 11.54 percent. *See Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada* , 70 FR 50299 (August 26, 2005) ( *Preliminary Results* ). This rate reflects the “all others” rate from the investigation as modified in the *Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain Softwood Lumber Products From Canada* , 70 FR 22636 (May 2, 2005). In the *Preliminary Results* , we stated that interested parties could request a hearing or submit case briefs and/or written comments to the Department no later than 30 days after publication of the *Preliminary Results* notice in the **Federal Register** , and submit rebuttal briefs, limited to the issues raised in those case briefs, seven days subsequent to the due date of the case briefs. We did not receive any hearing requests, case or rebuttal briefs, or comments on the *Preliminary Results* . Scope of the Order The products covered by this order are softwood lumber, flooring and siding (softwood lumber products). Softwood lumber products include all products classified under headings 4407.1000, 4409.1010, 4409.1090, and 4409.1020, respectively, of the Harmonized Tariff Schedule of the United States (HTSUS), and any softwood lumber, flooring and siding described below. These softwood lumber products include:

(1)coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger-jointed, of a thickness exceeding six millimeters;

(2)coniferous wood siding (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) along any of its edges or faces, whether or not planed, sanded or finger-jointed;

(3)other coniferous wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) along any of its edges or faces (other than wood moldings and wood dowel rods) whether or not planed, sanded or finger-jointed; and

(4)coniferous wood flooring (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) along any of its edges or faces, whether or not planed, sanded or finger-jointed. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under review is dispositive. Softwood lumber products excluded from the scope: • trusses and truss kits, properly classified under HTSUS 4418.90 • I-joist beams • assembled box spring frames • pallets and pallet kits, properly classified under HTSUS 4415.20 • garage doors • edge-glued wood, properly classified under HTSUS 4421.90.97.40 (formerly HTSUS 4421.90.98.40) • properly classified complete door frames • properly classified complete window frames • properly classified furniture Softwood lumber products excluded from the scope only if they meet certain requirements: • *Stringers* (pallet components used for runners): if they have at least two notches on the side, positioned at equal distance from the center, to properly accommodate forklift blades, properly classified under HTSUS 4421.90.97.40 (formerly HTSUS 4421.90.98.40) • *Box-spring frame kits* : if they contain the following wooden pieces - two side rails, two end (or top) rails and varying numbers of slats. The side rails and the end rails should be radius-cut at both ends. The kits should be individually packaged, they should contain the exact number of wooden components needed to make a particular box-spring frame, with no further processing required. None of the components exceeds 1” in actual thickness or 83” in length. • *Radius-cut box-spring-frame components* , not exceeding 1” in actual thickness or 83” in length, ready for assembly without further processing. The radius cuts must be present on both ends of the boards and must be substantial cuts so as to completely round one corner. • *Fence pickets* requiring no further processing and properly classified under HTSUS 4421.90.70, 1” or less in actual thickness, up to 8” wide, 6' or less in length, and have finials or decorative cuttings that clearly identify them as fence pickets. In the case of dog-eared fence pickets, the corners of the boards should be cut off so as to remove pieces of wood in the shape of isosceles right angle triangles with sides measuring 3/4 inch or more. • *U.S. origin lumber* shipped to Canada for minor processing and imported into the United States, is excluded from the scope of this order if the following conditions are met: 1) the processing occurring in Canada is limited to kiln-drying, planing to create smooth-to-size board, and sanding; and 2) if the importer establishes to U.S. Customs and Border Protections's

(CBP)satisfaction that the lumber is of U.S. origin. • *Softwood lumber products contained in single family home packages or kits* , 1 regardless of tariff classification, are excluded from the scope of this order if the following criteria are met: 1 To ensure administrability, we clarified the language of this exclusion to require an importer certification and to permit single or multiple entries on multiple days. We also instructed importers to retain and make available for inspection specific documentation in support of each entry.

(A)The imported home package or kit constitutes a full package of the number of wooden pieces specified in the plan, design or blueprint necessary to produce a home of at least 700 square feet produced to a specified plan, design or blueprint;

(B)The package or kit must contain all necessary internal and external doors and windows, nails, screws, glue, subfloor, sheathing, beams, posts, connectors and if included in purchase contract decking, trim, drywall and roof shingles specified in the plan, design or blueprint;

(C)Prior to importation, the package or kit must be sold to a retailer of complete home packages or kits pursuant to a valid purchase contract referencing the particular home design plan or blueprint, and signed by a customer not affiliated with the importer;

(D)The whole package must be imported under a single consolidated entry when permitted by CBP, whether or not on a single or multiple trucks, rail cars or other vehicles, which shall be on the same day except when the home is over 2,000 square feet;

(E)The following documentation must be included with the entry documents: • a copy of the appropriate home design, plan, or blueprint matching the entry; • a purchase contract from a retailer of home kits or packages signed by a customer not affiliated with the importer; • a listing of inventory of all parts of the package or kit being entered that conforms to the home design package being entered; • in the case of multiple shipments on the same contract, all items listed immediately above which are included in the present shipment shall be identified as well. We have determined that the excluded products listed above are outside the scope of this order, provided the specified conditions are met. Lumber products that CBP may classify as stringers, radius cut box-spring-frame components, and fence pickets, not conforming to the above requirements, as well as truss components, pallet components, and door and window frame parts, are covered under the scope of this order and may be classified under HTSUS subheadings 4418.90.40.90, 4421.90.70.40, and 4421.90.98.40. Due to changes in the 2002 HTSUS whereby subheading 4418.90.40.90 and 4421.90.98.40 were changed to 4418.90.45.90 and 4421.90.97.40, respectively, we are adding these subheadings as well. In addition, this scope language has been further clarified to now specify that all softwood lumber products entered from Canada claiming non-subject status based on U.S. country of origin will be treated as non-subject U.S.-origin merchandise under the antidumping and countervailing duty orders, provided that these softwood lumber products meet the following condition: upon entry, the importer, exporter, Canadian processor and/or original U.S. producer establish to CBP's satisfaction that the softwood lumber entered and documented as U.S.-origin softwood lumber was first produced in the United States as a lumber product satisfying the physical parameters of the softwood lumber scope. 2 The presumption of non-subject status can, however, be rebutted by evidence demonstrating that the merchandise was substantially transformed in Canada. 2 *See* the scope clarification message (3034202), dated February 3, 2003, to CBP, regarding treatment of U.S.-origin lumber on file in the Central Records Unit, Room B-099 of the main Commerce Building. Final Results of Changed Circumstances Review Based on the information provided by Arbec, and the fact that the Department did not receive any comments during the comment period following the preliminary results of this review, the Department hereby determines that Arbec is the successor-in-interest to Uniforêt for antidumping duty cash deposit purposes. Instructions to U.S. Customs and Border Protection Because both Arbec and Uniforêt are currently subject to the “all others” rate, there is no need to send instructions to CBP at this time. However, Uniforêt is currently participating in the second administrative review and will receive the “review-specific rate” once this review is completed. Thus, once the final results for the second administrative review are issued, the Department will instruct CBP to suspend liquidation of all shipments of the subject merchandise produced and exported by Arbec at the rate determined for Uniforêt. This notice also serves as a reminder to parties subject to administrative protective orders

(APOs)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is in accordance with sections 751(b) and 777(i)(1) of the Act, and section 351.216(e) of the Department's regulations. Dated: October 6, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5601 Filed 10-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [C-580-837] Notice of Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review: Certain Cut-to-Length Carbon Quality Steel Plate from Korea AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: Tipten Troidl, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-1767. SUPPLEMENTARY INFORMATION: Background Information On March 23, 2005, the U.S. Department of Commerce (“the Department”) published a notice of initiation of the administrative review on the countervailing duty order of certain cut-to-length carbon quality steel plate (“CTL Plate”) from the Republic of Korea, covering the period January 1, 2004, through December 31, 2004. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 70 FR 14643 (March 23, 2005). The preliminary results of this review are currently due no later than October 31, 2005. Extension of Time Limit of Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order or finding for which a review is requested. Section 751(a)(3)(A) of the Act further states that if it is not practicable to complete the review within the time period specified, the administering authority may extend the 245-day period to issue its preliminary results by up to 120 days. We determine that completion of the preliminary results of this review within the 245-day period is not practicable for the following reason. The Department is considering a verification of this proceeding and due to scheduling conflicts would not be able to do so by the current preliminary due date. Given the number and complexity of issues in this case, and in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the preliminary results of review by 120 days. Therefore, the preliminary results are now due no later than February 28, 2005. The final results continue to be due 120 days after publication of the preliminary results. Dated: October 4, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-5606 Filed 10-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [C-475-819] Certain Pasta from Italy: Notice of Partial Rescission of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request made on July 28, 2005, by Pastificio Laporta S.a.s., the Department of Commerce initiated an administrative review of the countervailing duty order on certain pasta from Italy, covering the period January 1, 2004, through December 31, 2004. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 70 FR 51009 (August 29, 2005). As a result of a timely withdrawal of the request for review by Pastificio Laporta S.a.s., we are rescinding this review, in part. EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: Audrey Twyman or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202)482-3534 and

(202)482-0182, respectively. SUPPLEMENTARY INFORMATION: Background On July 24, 1996, the Department of Commerce (“the Department”) published a countervailing duty order on certain pasta from Italy. *See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta (“Pasta”) From Italy* , 61 FR 38543 (July 24, 1996). On July 28, 2005, Pastificio Laporta S.a.s. requested an administrative review of the countervailing duty order on certain pasta from Italy covering the period January 1, 2004, through December 31, 2004. In accordance with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of the review on August 29, 2005. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 70 FR 51009 (August 29, 2005). On September 15, 2005, Pastificio Laporta S.a.s. withdrew its request for review. No other party requested a review for Pastificio Laporta S.a.s. Scope of the Countervailing Duty Order Imports covered by this order are shipments of certain non-egg dry pasta in packages of five pounds (2.27 kilograms) or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastases, vitamins, coloring and flavorings, and up to two percent egg white. The pasta covered by this scope is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions. Excluded from the scope of this order are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white. Also excluded are imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by the Instituto Mediterraneo Di Certificazione, Bioagricoop S.r.l., QC&I International Services, Ecocert Italia, Consorzio per il Controllo dei Prodotti Biologici, Associazione Italiana per l'Agricoltura Biologica, or Codex S.r.L. In addition, based on publically available information, the Department has determined that, as of August 4, 2004, imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by Bioagricert S.r.l. are also excluded from this order. *See Memorandum from Eric B. Greynolds to Melissa G. Skinner* , dated August 4, 2004, which is on file in the Department's Central Records Unit (“CRU”) in Room B-099 of the main Department building. The merchandise subject to review is currently classifiable under item 1902.19.20 of the *Harmonized Tariff Schedule of the United States* (“HTSUS”). Although the *HTSUS* subheading is provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive. The Department has issued the following scope rulings: 1. On August 25, 1997, the Department issued a scope ruling that multicolored pasta, imported in kitchen display bottles of decorative glass that are sealed with cork or paraffin and bound with raffia, is excluded from the scope of the antidumping and countervailing duty orders. *See Memorandum from Edward Easton to Richard Moreland* , dated August 25, 1997, which is on file in the CRU. 2. On July 30, 1998, the Department issued a scope ruling, finding that multipacks consisting of six one-pound packages of pasta that are shrink-wrapped into a single package are within the scope of the antidumping and countervailing duty orders. * See Letter from Susan H. Kuhbach to Barbara P. Sidari * , dated July 30, 1998, which is available in the CRU. 3. On October 23, 1997, the petitioners filed an application requesting that the Department initiate an anti-circumvention investigation of Barilla S.r.L. (“Barilla”), an Italian producer and exporter of pasta. The Department initiated the investigation on December 8, 1997. *See Initiation of Anti-Circumvention Inquiry on Antidumping Duty Order on Certain Pasta From Italy* , 62 FR 65673 (December 15, 1997). On October 5, 1998, the Department issued its final determination that, pursuant to section 781(a) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act effective January 1, 1995 (“the Act”), circumvention of the antidumping order on pasta from Italy was occurring by reason of exports of bulk pasta from Italy produced by Barilla which subsequently were repackaged in the United States into packages of five pounds or less for sale in the United States. *See Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Final Determination of Circumvention of the Antidumping Duty Order* , 63 FR 54672 (October 13, 1998). 4. On October 26, 1998, the Department self-initiated a scope inquiry to determine whether a package weighing over five pounds as a result of allowable industry tolerances is within the scope of the antidumping and countervailing duty orders. On May 24, 1999, we issued a final scope ruling finding that, effective October 26, 1998, pasta in packages weighing or labeled up to (and including) five pounds four ounces is within the scope of the antidumping and countervailing duty orders. *See Memorandum from John Brinkmann to Richard Moreland* , dated May 24, 1999, which is available in the CRU. 5. On April 27, 2000, the Department self-initiated an anti-circumvention inquiry to determine whether Pastificio Fratelli Pagani S.p.A.'s importation of pasta in bulk and subsequent repackaging in the United States into packages of five pounds or less constitutes circumvention with respect to the antidumping and countervailing duty orders on pasta from Italy pursuant to section 781(a) of the Act and 19 CFR 351.225(b). *See Certain Pasta from Italy: Notice of Initiation of Anti-circumvention Inquiry of the Antidumping and Countervailing Duty Orders* , 65 FR 26179 (May 5, 2000). On September 19, 2003, we published an affirmative finding of the anti-circumvention inquiry. *See Anti-Circumvention Inquiry of the Antidumping and Countervailing Duty Orders on Certain Pasta from Italy: Affirmative Final Determinations of Circumvention of Antidumping and Countervailing Duty Orders* , 68 FR 54888 (September 19, 2003). Rescission of Review The Department's regulations at 19 CFR 351.213(d)(1) provide that the Department will rescind an administrative review, in part, if a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. Pastificio Laporta S.a.s. withdrew its request for an administrative review on September 15, 2005, which is within the 90-day deadline, and no other party requested a review with respect to this company. Therefore, the Department is rescinding this administrative review, in part, for Pastificio Laporta S.a.s.. This notice is issued and published in accordance with 19 CFR 351.213(d)(4). Dated: October 6, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-5603 Filed 10-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement, Article 1904 NAFTA Panel Reviews; Notice of Panel Decision AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of panel decision. SUMMARY: On October 5, 2005, the binational panel issued its decision in the review of the final results of the countervailing duty determination made by the International Trade Administration

(ITA)respecting Certain Softwood Lumber Products from Canada (Secretariat File No. USA-CDA-2002-1904-03) affirmed in part and remanded in part the determination of the Department of Commerce. The Department will return the determination on remand no later than October 28, 2005. A copy of the complete panel decision is available from the NAFTA Secretariat. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,

(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from the other country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). *Panel Decision:* On October 5, 2005, the Binational Panel affirmed in part and remanded in part the Department of Commerce's final antidumping duty determination. The following issues were remanded to the Department: 1. The Department was directed to determine the amount of log seller profit to be C$4.34, and to refrain from apportioning this amount. 2. The Department was directed to adjust the profit figures for Ontario, Manitoba, and Saskatchewan to the extent that their profit figures are derivative of the profit figure for Quebec. The Investigating Authority was directed to complete its remand determination no later than October 28, 2005. Dated: October 6, 2005. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E5-5590 Filed 10-12-05; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 100605F] Gulf of Mexico Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Public Hearings. SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene public hearings to solicit comments on draft Amendment 26 to the Reef Fish Fishery Management Plan

(FMP)that contains alternatives to establish an individual fishing quota

(IFQ)program for the commercial red snapper fishery in the Gulf of Mexico that has been declared to be overfished and undergoing overfishing. DATES: The public hearings and workshops will held from October 17 through October 26 at 8 locations throughout the Gulf of Mexico. For those who are unable to attend one of these meetings, a conference call number will be available on Wednesday, October 19, 2005. For specific dates and times see SUPPLEMENTARY INFORMATION . ADDRESSES: The public hearings and workshops will be held in the following locations: Brownsville, Galveston, and Port Aransas, Texas; Baton Rouge, Louisiana; Pascagoula, Mississippi; Orange Beach, Alabama; and Panama City and Tampa, Florida. For specific dates and times (see SUPPLEMENTARY INFORMATION ). *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Mr. Wayne Swingle, Executive Director, Gulf of Mexico Fishery Management Council; telephone:

(813)348-1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council will convene pubic hearings to solicit comments on Draft Amendment 26 to the Reef Fish Fishery Management Plan

(FMP)that contains alternatives to establish an individual fishing quota

(IFQ)program for the commercial red snapper fishery in the Gulf of Mexico that has been declared to be overfished and undergoing overfishing. The IFQ program is being considered to address existing and emerging problems resulting from overcapitalization in this fishery while it recovers. Actions being considered as part of the IFQ program include: its duration; eligibility for shares; initial allocation of shares; potential caps and/or restrictions on shares; and transferability of shares. Other actions being considered include: whether or not shares must be used; how adjustments to the commercial quota will affect allocations and shares; the possible requirement of vessel monitoring systems

(VMS)on participating vessels; and a cost recovery plan. The public hearings will begin at 6 p.m. and conclude no later than 10 p.m. at each of the following locations: Monday, October 17, 2005, National Marine Fisheries Service Laboratory, 3500 Delwood Beach Road, Panama City, FL 32408,

(850)234-6541; Tuesday, October 18, 2005, Hilton Garden Inn Orange Beach, 23092 Perdido Beach Boulevard, Orange Beach, AL 36561,

(251)974-1600; Wednesday, October 19, 2005, LaFont Inn, 2703 Denny Avenue, Pascagoula, MS 39567,

(228)762-7111; Wednesday, October 19, 2005, Tampa Marriott Westshore, 1001 North Westshore Boulevard, Tampa, FL 33607,

(813)287-2555; Thursday, October 20, 2005, Sheraton Baton Rouge, 102 France Street, Baton Rouge, LA 70802,

(225)242-2600; Monday, October 24, 2005, Four Points by Sheraton, 3777 North Expressway, Brownsville, TX 78520,

(956)547-1500; Tuesday, October 25, 2005, University of Texas Marine Science Institute Auditorium, 750 Channel View Drive, Port Aransas, TX 78373,

(361)749-6711; Wednesday, October 26, 2005, Holiday Inn Galveston, 5002 Seawall Boulevard, Galveston, TX 77550,

(409)740-3581. Individuals interested in participating in the public hearing process but are unable to attend any of the scheduled hearings, may participate during the October 19, 2005 hearing via telephone. Interested parties should call

(800)547-5078 from any phone at 6 p.m. EDT. A copy of the amendment and related materials can be obtained by calling the Council office at

(813)348-1630. These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Dawn Aring at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: October 6, 2005. Emily Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E5-5593 Filed 10-12-05; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 100605D] Western Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting; public hearing. SUMMARY: The Western Pacific Fishery Management Council (Council) will meet to discuss measures for reducing interactions between seabirds and longline fishing. DATES: The meeting will be held on Tuesday, November 1, 2005, at 12 noon HST. ADDRESSES: The meeting will be held via telephone conference call at the Council office, 1164 Bishop St., Suite 1400, Honolulu, HI 96813; telephone:

(808)522-8220; fax:

(808)522-8226. The call-in number for the conference call is:

(866)867-8289, and the passcode is: 1683776. FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Council Executive Director; telephone:

(808)522-8220. SUPPLEMENTARY INFORMATION: The items of discussion in the Council meeting's agenda are as follows: 1. Pelagic Fisheries. On April 6, 2005, the Council transmitted to NMFS an amendment to the Council's Fishery Management Plan for Pelagic Fisheries in the Western Pacific (FMP), that recommended new measures for mitigating interactions between pelagic longline vessels and seabirds. This amendment would require all Hawaii-based longline fishing vessels to either

(a)side-set (deploy longline gear from the side of the vessel rather than from the stern), or

(b)use a combination of other mitigation measures to prevent seabirds (e.g., Laysan and black-footed albatrosses), from being accidentally hooked or entangled during fishing operations in certain areas. These measures would also reduce the potential for fishery interactions with endangered short-tailed albatrosses that are known to be in the area in which the fishery operates. On July 13, 2005, NMFS published a proposed rule (70 FR 40302) with a request for public comments. Comments received indicated that modification of some aspects of the proposed measures should be considered, based on recent observer and experimental observations. Under the proposed rule, seabird mitigation measures would be required everywhere for Hawaii-based vessels using shallow-set longline fishing gear, and north of 23°N latitude for Hawaii-based vessels using deep-set longline fishing gear. Operators of shallow-setting longline vessels that elect not to side-set would continue to be required to use thawed, blue-dyed bait, to start and complete the setting process during the night (specifically to begin deployment of the gear no earlier than one hour after local sunset and to finish deployment no later than local sunrise), and to strategically discard fish offal (i.e., on the opposite side from where the longline is being set). Under the proposed rule, they would also be required to employ a bird scaring device, or tori line, in addition to the above measures. Public comments received on the proposed rule questioned the need to deploy tori lines on shallow-setting vessels. Also, recent analyses of information collected by Federal observers (required on all Hawaii-based shallow-setting longline vessels) in the first half of 2005 found that seabird interaction rates during this time period were less than 10% of the historical average. This appears to result from the night-setting requirement established in 2004, and is consistent with earlier research results. The Council will, therefore, consider action to modify the proposed rule to remove the tori line requirement for these vessels. Under the proposed rule, 60 g (2.1 oz) weights would be required within one meter of each hook when side-setting. Public comments received during the development of the amendment and on the proposed rule indicated that there were serious safety concerns about the required use of these relatively large weights, although such weights are currently used on some vessels. Commenters stated that fishery participants can be and have been seriously injured or killed when struck by longline weights ricocheting from snapped lines. Although the original trials which led to the development of the amendment employed 60 g weights, subsequent research found that the sink times of 40g and 60 g weights differ by only a tenth of a second, suggesting that the 45 g weights, which are most commonly employed in the Hawaii-based longline fishery, would not affect the efficacy of side-setting in minimizing seabird interactions. Therefore, the Council will also consider action to require weights of 45 g or heavier when side-setting, instead of the 60 g weights included in the proposed rule. A public hearing will be held during the Council meeting to give the public opportunity to comment before the Council takes action on this agenda item. 2. Other Business. Although non-emergency issues that are not contained in this agenda may come before the Council for discussion, those issues may not be the subject of formal Council action during this meeting. Council action will be restricted to those issues specifically listed in this document and to any issue arising after publication of this document that requires emergency action under section 305(c) of the Magnuson-Stevens Act, provided that the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, telephone:

(808)522-8220, fax:

(808)522-8226, at least 5 working days prior to the meeting date. Dated: October 6, 2005. Emily Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E5-5592 Filed 10-12-05; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 092905C] Marine Mammals; File No. 1078-1796 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. SUMMARY: Notice is hereby given that The Georgia Aquarium, 2451 Cumberland Parkway, Suite 3639, Atlanta, GA 30339-6157 [Jeffery S. Swanagan, Responsible Party] has been issued a permit to import two beluga whales (Delphinapterus leucas) for public display. ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 33701; phone (727)824-5312; fax (727)824-5309. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Kate Swails, (301)713-2289. SUPPLEMENTARY INFORMATION: On July 5, 2005, notice was published in the **Federal Register** (70 FR 38658) that a request for a public display permit to import two male, adult beluga whales from Grupo Empresarial Chapultepec, S.A. DE C.V., Mexico City, Mexico to the Georgia Aquarium in Atlanta, GA had been submitted by the above-named organization. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the Regulations Governing the Taking and Importing of Marine Mammals (50 CFR part 216). In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), an environmental assessment was prepared analyzing the effects of the permitted activities. After a Finding of No Significant Impact, the determination was made that it was not necessary to prepare an environmental impact statement. Dated: October 6, 2005. Stephen L. Leathery, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 05-20553 Filed 10-12-05; 8:45 am]

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