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Code · REGISTER · 2005-10-21 · Import Administration, International Trade Administration, Department of Commerce · Notices

Notices. Notice

3,992 words·~18 min read·/register/2005/10/21/05-21084·

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BILLING CODE 3510-JT-M DEPARTMENT OF COMMERCE International Trade Administration A-427-801, A-559-801, A 412-801, A-588-804 Antifriction Bearings and Parts Thereof from France, Singapore, the United Kingdom, and Japan: Notice of Rescission and Partial Rescission of Antidumping Duty Administrative Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce SUMMARY: On June 30, 2005, the Department of Commerce published a notice of initiation of antidumping and countervailing duty administrative reviews. The notice covered ball bearings and spherical plain bearings
(SPBs)and parts thereof from France, Singapore, the United Kingdom, and Japan for the period May 1, 2004, through April 30, 2005. The Department is now rescinding the review of the orders on SPBs from France and ball bearings from Singapore and partially rescinding the review of the orders on ball bearings from the United Kingdom and Japan. EFFECTIVE DATE: October 21, 2005. FOR FURTHER INFORMATION CONTACT: Lyn Johnson at
(202)482-5287 or Richard Rimlinger at
(202)482-4477, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S., Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On May 15, 1989, the Department published in the **Federal Register** the antidumping duty orders on ball bearings and SPBs and parts thereof from France (54 FR 20902), ball bearings and parts thereof from Singapore (54 FR 20907), ball bearings and parts thereof from the United Kingdom (54 FR 20910), and ball bearings and parts thereof from Japan (54 FR 20904). On May 2, 2005, the Department published a notice of opportunity to request a review of these orders for the period May 1, 2004, through April 30, 2005. See *Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation* , 70 FR 22631 (May 2, 2005). On May 25, 2005, NSK Europe, Ltd., NSK Bearings Europe Ltd. and NSK Corporation (collectively, NSK), requested an administrative review of its exports of ball bearings from the United Kingdom. On May 26, 2005, Asahi Seiko Co., Ltd. (Asahi), requested an administrative review of its exports of ball bearings from Japan. On May 27, 2005, NMB Singapore Ltd., Pelmec Industries (Pte.) Ltd. and NMB Technologies Corporation (collectively, NMB/Pelmec), requested an administrative review of their exports of ball bearings from Singapore. On May 31, 2005, SKF USA Inc., a domestic producer and importer of the subject merchandise and SKF France S.A. and Sarma, producers and exporters of the subject merchandise (collectively, SKF), requested an administrative review of SKF's exports of ball bearings and SPBs from France. Accordingly, the Department published a notice of initiation of these antidumping duty administrative reviews on June 30, 2005, in accordance with section 751(a) of the Tariff Act of 1930 as amended (the Act). See *Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 70 FR 37749 (June 30, 2005). NSK submitted a letter to the Department on July 27, 2005, withdrawing its request for a review of its exports of ball bearings from the United Kingdom. NMB/Pelmec submitted a letter to the Department on September 23, 2005, withdrawing its request for a review of its exports of ball bearings from Singapore. Asahi submitted a letter to the Department on September 26, 2005, withdrawing its request for a review of its exports of ball bearings from Japan. Finally, SKF submitted a letter to the Department on August 22, 2005, withdrawing its request for a review of its exports of SPBs from France. Rescission of Administrative Reviews Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party withdraws its request for a review within 90 days of the date of publication of the notice of initiation of the requested review. NSK, NMB/Pelmec, Asahi, and SKF withdrew their requests for review within 90 days of the date the initiation notice was published and no other party requested a review of these companies. There were no other requests for review of the orders on SPBs from France and ball bearings from Singapore. Therefore, pursuant to 19 CFR 351.213(d)(1), the Department is rescinding the reviews of the orders on SPBs from France and ball bearings from Singapore for the period May 1, 2004, through May 30, 2005. Because there are still ongoing reviews of the orders on ball bearings from the United Kingdom and ball bearings from Japan, the Department is rescinding these reviews in part. Pursuant to 19 CFR 351.213(d)(1), the Department is rescinding the reviews of the order on ball bearings from the United Kingdom which were produced or exported by NSK and the order on ball bearings from Japan which were produced or exported by Asahi during the period May 1, 2004, through May 30, 2005. Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders
(APO)of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of these proceedings. 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 violation which is subject to sanction. This notice is published in accordance with section 777(i) of the Act and 19 CFR 351.213(d)(4). Dated: October 17, 2005. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-5829 Filed 10-20-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-427-801, A-428-801, A-475-801, A-588-804, A-559-801, A-412-801] Notice of Amended Final Results of Antidumping Duty Administrative Reviews: Ball Bearings and Parts Thereof from Japan AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 16, 2005, the Department of Commerce published in the **Federal Register** the final results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, Singapore, and the United Kingdom. The period of review is May 1, 2003, through April 30, 2004. Based on the correction of certain ministerial errors, we have changed the margins for Nippon Pillow Block Co., Ltd., and NSK Ltd. for the administrative review of ball bearings and parts thereof from Japan. EFFECTIVE DATE: October 21, 2005. FOR FURTHER INFORMATION CONTACT: Dunyako Ahmadu, Fred Aziz, Jeff Frank, or Thomas Schauer, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone:
(202)482-4733. SUPPLEMENTARY INFORMATION: Background On September 16, 2005, the Department of Commerce (the Department) published in the **Federal Register** the final results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof (ball bearings) from France, Germany, Italy, Japan, Singapore, and the United Kingdom (70 FR 54711) ( *Final Results* ). We received timely allegations of ministerial errors from Nippon Pillow Block Co., Ltd., (NPB), NSK Ltd. (NSK), NTN Corporation (NTN), and Nankai Seiko Co. Ltd. (SMT). In its comments dated September 16, 2005, NSK alleged that the Department erred in that it inadvertently assigned the incorrect level of trade for certain home-market sales. We agree with the alleged error and have amended the final results to correct the error. In its comments dated September 19, 2005, NPB alleged that the Department erred in that it inadvertently used the incorrect code to designate housed bearings sold in the United States. We agree with the alleged error and have amended the final results to correct the error. In its comments dated September 19, 2005, NTN alleged that the Department should correct the draft liquidation instructions it prepared for NTN to reflect the correct importer of record. Although we agree with the alleged error and have corrected the draft liquidation instructions accordingly, this error does not affect our calculation of NTN's margin. In its comments dated September 19, 2005, SMT alleged that the Department made a ministerial error by treating contemporaneity as a more important tie-breaker than the difference-in-merchandise adjustment. We do not agree that we made an error. Furthermore, SMT's comments of an alleged error were not ministerial in nature as defined by 19 CFR § 351.225(f). Therefore, we have not changed our calculation of SMT's margin. For a complete discussion of our response to SMT's allegation, please see the memorandum to Laurie Parkhill dated October 14, 2005. Amended Final Results of Review As a result of the correction of clerical errors, the following weighted-average margins exist for exports of ball bearings by NPB and NSK for the period May 1, 2003, through April 30, 2004: Company Margin (percent) NPB 23.57 NSK Ltd. 8.25 The Department will determine, and the U.S. Bureau of Customs and Border Protection
(CBP)shall assess antidumping duties on all appropriate entries. We will issue appropriate assessment instructions directly to CBP within 15 days of publication of these amended final results of review. Where the importer-/customer-specific assessment rate or amount is above *de minimis* , we will instruct CBP to assess duties on all entries of subject merchandise by that importer or for that customer. We will also direct CBP to collect cash deposits of estimated antidumping duties on all appropriate entries in accordance with the procedures discussed in the *Final Results* and at the rates as amended by this notice. The amended deposit requirements are effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date these amended final results are published in the **Federal Register** . We are issuing and publishing these determinations and notice in accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR § 351.224(e). Dated: October 14, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5821 Filed 10-20-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-588-850] Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan: Notice of Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 21, 2005. SUMMARY: On July 15, 2005, the Department of Commerce (the Department) published in the **Federal Register** a notice announcing the initiation of an administrative review of the antidumping duty order on certain large diameter carbon and alloy seamless standard, line, and pressure pipe from Japan, covering the period June 1, 2004, through May 31, 2005. *See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* 70 FR 42028 (July 15, 2005) ( *Initiation Notice* ). The review was requested by United States Steel Corporation (the petitioner). We are now rescinding this review as a result of the petitioner's withdrawal of its request for an administrative review. FOR FURTHER INFORMATION CONTACT: Constance Handley or David Layton, at
(202)482-0631 or
(202)482-0371, respectively, AD/CVD Operations Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street & Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with 19 CFR 351.213(b), on June 30, 2005, the petitioner requested an administrative review of the antidumping duty order for JFE Steel Corporation, Nippon Steel Corporation, NKK Tubes, and Sumitomo Metal Industries, Ltd. on certain large diameter carbon and alloy seamless standard, line, and pressure pipe from Japan. None of the respondents requested a review. On July 15, 2005, in accordance with 19 CFR 351.221(c)(1)(i), we published the initiation of an administrative review of this order for the period June 1, 2004, through May 31, 2005. *See Initiation Notice* . On September 20, 2005, the petitioner timely withdrew its request for an administrative review of certain large diameter carbon and alloy seamless standard, line, and pressure pipe from Japan. Rescission of Review The Department's regulations at 351.213(d)(1) provide that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review, or withdraws its request at a later date if the Department determines that it is reasonable to extend the time limit for withdrawing the request. The petitioner withdrew its request within the 90-day period and was the only party to request this review. Accordingly, we are rescinding this review. The Department will issue appropriate assessment instructions to U.S. Customs and Border Protection within 15 days of publication of this notice. This notice serves as a reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is issued and published in accordance with 19 CFR 351.213(d)(4) and section 777(i)(1) of the Tariff Act of 1930, as amended. Dated: October 14, 2005. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-5828 Filed 10-20-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-427-818] Notice of Amended Final Results of Antidumping Duty Administrative Review: Low Enriched Uranium from France AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 14, 2005, the Department of Commerce (the Department) published the final results of its second administrative review of the antidumping duty order on low enriched uranium
(LEU)from France for the period February 1, 2003, through January 31, 2004. *See Notice of Final Results of Antidumping Duty Administrative Review: Low Enriched Uranium from France* , 70 FR 54359 (September 14, 2005). On September 14, 2005, in accordance with 19 CFR 351.224(c)(2), we received timely filed ministerial error allegations from respondent, Eurodif S.A., Compagnie Générale Des Matières Nucléaires, S.A. and COGEMA, Inc. (collectively, Eurodif/COGEMA), and the United States Enrichment Corporation and USEC Inc. (collectively, USEC or the petitioner). On September 19, 2005, we received rebuttal comments from Eurodif/COGEMA and the petitioner. Based on our analysis of the parties' comments, the Department has revised the antidumping duty margin for Eurodif/COGEMA. Accordingly, we are amending our final results. EFFECTIVE DATE: October 21, 2005. FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Elfi Blum, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street & Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-2371 or
(202)482-0197, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The product covered by this order is all low enriched uranium (LEU). LEU is enriched uranium hexafluoride (UF 6 ) with a U 235 product assay of less than 20 percent that has not been converted into another chemical form, such as UO 2 , or fabricated into nuclear fuel assemblies, regardless of the means by which the LEU is produced (including LEU produced through the down-blending of highly enriched uranium). Certain merchandise is outside the scope of this order. Specifically, this order does not cover enriched uranium hexafluoride with a U 235 assay of 20 percent or greater, also known as highly enriched uranium. In addition, fabricated LEU is not covered by the scope of this order. For purposes of this order, fabricated uranium is defined as enriched uranium dioxide (UO 2 ), whether or not contained in nuclear fuel rods or assemblies. Natural uranium concentrates (U 3 O 8 ) with a U 235 concentration of no greater than 0.711 percent and natural uranium concentrates converted into uranium hexafluoride with a U 235 concentration of no greater than 0.711 percent are not covered by the scope of this order. Also excluded from this order is LEU owned by a foreign utility end-user and imported into the United States by or for such end-user solely for purposes of conversion by a U.S. fabricator into uranium dioxide (UO 2 ) and/or fabrication into fuel assemblies so long as the uranium dioxide and/or fuel assemblies deemed to incorporate such imported LEU
(i)remain in the possession and control of the U.S. fabricator, the foreign end-user, or their designed transporter(s) while in U.S. customs territory, and
(ii)are re-exported within eighteen
(18)months of entry of the LEU for consumption by the end-user in a nuclear reactor outside the United States. Such entries must be accompanied by the certifications of the importer and end- user. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2844.20.0020. Subject merchandise may also enter under 2844.20.0030, 2844.20.0050, and 2844.40.00. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Allegations of Ministerial Errors On September 14, 2005, Eurodif/COGEMA and the petitioner each timely filed, pursuant to 19 CFR 351.224(c)(2), an allegation that the Department made one ministerial error in its final results of review. Respondent alleges that the Department made a ministerial error in the calculation of the constructed value
(CV)profit. Petitioner alleges that the Department made a ministerial error in its application of the R&D adjustment factor to cost of manufacture (COM). We have fully considered the parties' allegations and rebuttal comments. Our full analysis is contained in the Memorandum to Joseph A. Spetrini, Acting Assistant Secretary, from Gary Taverman, Acting Deputy Assistant Secretary, concerning the Amended Final Results of the Administrative Review of the Antidumping Duty Order on Low Enriched Uranium from France (2003-2004), Ministerial Error Allegations (October 14, 2005) which is on file in the Central Records Unit (CRU), room B-099 of the main Department building, and can be accessed directly on the Web at *http://ia..ita.doc.gov* . As a result of our analysis, we have corrected our calculations of CV profit. Amended Final Results of Review In accordance with 19 CFR 351.224(e), we have amended the final results of this administrative review to correct for the ministerial error. As a result of this correction, Eurodif/COGEMA's weighted-average margin has been amended as stated below. Producer Weighted-Average Margin (Percentage) COGEMA/Eurodif 9.75 Assessment The Department will determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The Department calculated importer-specific duty assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above *de minimis* , we will instruct CBP to assess duties on all entries of subject merchandise by that importer. The Department will not issue liquidation instructions for any entries of Eurodif/COGEMA merchandise until such time as the July 1, 2002, injunction issued by the Court of International Trade is lifted. Cash Deposits Furthermore, the following deposit requirements will be effective upon publication of these amended final results of this administrative review for all shipments of LEU from France entered, or withdrawn from warehouse, for consumption on or after the publication date of these amended final results, as provided by section 751(a) of the Tariff Act of 1930, as amended:
(1)for companies covered by this review, the cash deposit rate will be the rate listed above;
(2)for merchandise exported by producers or exporters not covered in this review but covered in a previous segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the most recent final results in which that producer or exporter participated;
(3)if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the producer is, the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the most recent final results that covered that producer; and
(4)if neither the exporter nor the producer is a firm covered in this review or in any previous segment of this proceeding, the cash deposit rate will be 19.95 percent, the “All Others” rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until publication of the final results of the next administrative review. Reimbursement This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred, and in the subsequent assessment of double antidumping duties. These amended final results are issued and published in accordance with sections 751(a) and
(h)of the Act and 19 CFR 351.224. Dated: October 14, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5820 Filed 10-20-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Reporting of Sea Turtle Incidental Take in Virginia Chesapeake Bay Pound Net Operations AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before December 20, 2005. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Mary Colligan, Assistant Regional Administrator for Protected Resources, National Marine Fisheries Service (NMFS), One Blackburn Drive, Gloucester, MA 01930 (ph. 978-281-9116, fax 978-281-9394). SUPPLEMENTARY INFORMATION: I. Abstract This action would continue the reporting measure requiring all Virginia Chesapeake Bay pound net fishermen to report interactions with endangered and threatened sea turtles, found both live and dead, in their pound net operations. When a live or dead sea turtle is discovered during a pound net trip, the Virginia pound net fisherman are required to report the incidental take to NMFS and, if necessary, the appropriate rehabilitation and stranding network. This information will be used to monitor the level of incidental take in the state-managed Virginia pound net fishery and ensure that the seasonal pound net leader restrictions (50 CFR 223.206(d)(10)) are adequately protecting listed sea turtles. Based on the number of sea turtle takes anticipated in the Virginia pound net fishery, the number of responses anticipated on an annual basis has increased from 441 to 611, and the number of burden hours has increased from 74 to 102. II. Method of Collection Reports may be made either by telephone or fax. III. Data *OMB Number:* 0648-0470. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 53. *Estimated Time Per Response:* 10 minutes. *Estimated Total Annual Burden Hours:* 102. *Estimated Total Annual Cost to Public:* $1,833. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: October 17, 2005. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 05-21084 Filed 10-20-05; 8:45 am]
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