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Code · REGISTER · 2006-02-01 · Grain Inspection, Packers and Stockyards Administration, USDA · Notices

Notices. Notice

16,868 words·~77 min read·/register/2006/02/01/06-932

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BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration [06-GL-A] Voluntary Cancellation of Global's Designation AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Notice. SUMMARY: The United States Grain Standards Act, as amended (Act), provides that official agency designations will end not later than triennially and may be renewed. Global Grain Inspection Services, Inc. (Global) (as a subsidiary of BSI Inspectorate America Corporation), is designated to provide domestic official inspection services until November 30, 2006, according to the Act.
Global advised the Grain Inspection, Packers and Stockyards Administration (GIPSA) that they will cease providing official services on April 9, 2006. Accordingly, GIPSA is announcing that Global's designation will be canceled effective April 9, 2006. GIPSA is asking for applicants to provide domestic official inspection services in all or part of the specified geographic area in Texas. DATES: Applications and comments must be received on or before March 3, 2006. ADDRESSES: We invite you to submit applications and comments on this notice.
You may submit applications and comments by any of the following methods: • Hand Delivery or Courier: Deliver to Janet M. Hart, Deputy Director, Compliance Division, GIPSA, USDA, Room 1647-S, 1400 Independence Avenue, SW., Washington, DC 20250. • Fax: Send by facsimile transmission to
(202)690-2755, attention: Janet M. Hart. • E-mail: Send via electronic mail to *Janet.M.Hart@usda.gov.* • Mail: Send hardcopy to Janet M. Hart, Deputy Director, Compliance Division, GIPSA, USDA, STOP 3604, 1400 Independence Avenue, SW., Washington, DC 20250-3604. Read Applications and Comments: All applications and comments will be available for public inspection at the office above during regular business hours (7 CFR 1.27(b)). FOR FURTHER INFORMATION CONTACT: Janet M. Hart at 202-720-8525, e-mail *Janet.M.Hart@usda.gov.* SUPPLEMENTARY INFORMATION: This action has been reviewed and determined not to be a rule or regulation as defined in Executive Order 12866 and Departmental Regulation 1512-1; therefore, the Executive Order and Departmental Regulation do not apply to this action. Section 7(f)(1) of the Act authorizes GIPSA's Administrator to designate a qualified applicant to provide official services in a specified area after determining that the applicant is better able than any other applicant to provide such official services. GIPSA designated Global, headquarters in Fort Worth, Texas, to provide official inspection services under the Act effective May 1, 2005, and terminating November 30, 2006. Section 7(g)(1) of the Act provides that designations of official agencies will end not later than triennially and may be renewed according to the criteria and procedures prescribed in Section 7(f) of the Act. Global's designation ends November 30, 2006, according to the Act. However, Global asked GIPSA for a voluntary cancellation of their designation effective April 9, 2006. Accordingly, Global's designation will cease effective April 9, 2006, and GIPSA is asking for applicants to provide domestic official inspection services. Pursuant to Section (7)(2) of the Act, the following geographic area, in the State of Texas, is assigned to Global. Bounded on the north by the northern Jack, Wise, Denton, Collin, Hunt, Delta, Franklin, Titus, Morris, and Marion County line east to the Texas State line; Bounded on the east by the eastern Texas State line south to the southern Texas State line; Bounded on the south by the southern Texas State line west to the western Val Verde County line; Bounded on the west by the western Val Verde, Edwards, Kimble, Mason, San Saba, Mills, Comanche, Erath, Palo Pinto, and Jack County lines north to the northern Jack County line. Global's assigned geographic area does not include the export port locations inside Global's area which are serviced by GIPSA. Interested persons are hereby given the opportunity to apply for designation to provide official services in the geographic areas specified above under provisions of Section 7(f) of the Act and section 800.196(d) of the regulations issued thereunder. Persons wishing to apply for designation should contact the Compliance Division at the address listed above for forms and information, or obtain applications at the GIPSA Web site, *http://www.usda.gov/gipsa/oversight/parovreg.htm.* Authority: Pub.L. 94-582, 90Stat. 2867, as amended (7 U.S.C. 71 *et seq.* ). David R. Shipman, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E6-1337 Filed 1-31-06; 8:45 am] BILLING CODE 3410-EN-P DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Request for Extension and Revision of a Currently Approved Information Collection AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Notice and request for comments. SUMMARY: This notice announces our intention to request a 3-year extension and revision of a currently approved information collection in support of the reporting and recordkeeping requirements for the Swine Contract Library program. This approval is required under the Paperwork Reduction Act. DATES: We will consider comments that we receive by April 3, 2006. ADDRESSES: We invite you to submit comments on this notice. You may submit comments by any of the following methods: • E-mail: Send comments via electronic mail to *comments.gipsa@usda.gov.* • Mail: Send hardcopy written comments to Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 20250-3604. • Fax: Send comments by facsimile transmission to:
(202)690-2755. • Hand Delivery or Courier: Deliver comments to: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 20250-3604. Instructions: All comments should make reference to the date and page number of this issue of the **Federal Register** . Background Documents: Information collection package and other documents relating to this action will be available for public inspection in the above office during regular business hours. Read Comments: All comments will be available for public inspection in the above office during regular business hours (7 CFR 1.27(b)). FOR FURTHER INFORMATION CONTACT: For information regarding the information collection activities and the use of the information, contact Bryice Wilke, at
(515)323-2579 or *Bryice.A.Wilke @usda.gov* . SUPPLEMENTARY INFORMATION: The Grain Inspection, Packers and Stockyards Administration (GIPSA) is responsible for maintaining the Swine Contract Library, which is authorized by the Packers and Stockyards Act and requires that certain hog packers submit hog procurement contracts and delivery estimates to GIPSA. Reauthorization of the Swine Contract Library by Congress is pending, and is anticipated this year; in the interim, packers are voluntarily submitting information for the Swine Contract Library. Due to the length of time required to renew information collection approvals, in anticipation of the reauthorization of the Swine Contract Library program, we are publishing this notice to announce our intention to request approval from the Office of Management and Budget to continue collecting the required information. This information collection notice descries the requirements as they exist under the Swine Contract Library legislation even though that legislation is not currently in effect. Therefore, the language will indicate, for example, that packers are “required” to submit certain information. If the Swine Contract Library is not reauthorized we will determine if continuing the program on a voluntary basis would provide a benefit to the agency and market participants. The regulations implementing the Swine Contract Library are contained in 9 CFR part 206. *Title:* Swine Contract Library. *OMB Number:* 0580-0021. *Expiration Date of Approval:* July 31, 2006. *Type of Request:* Extension and revision of a currently approved information collection. *Abstract:* The information collection and recordkeeping requirements for the Swine Contract Library are essential to maintaining the mandatory library of swine marketing contracts and reporting the number of swine contracted for delivery. There are currently 32 packers that are required to file contracts and report certain information on deliveries for a total of 51 plants that they operate or at which they have swine slaughtered. We expect the overall number of plants and packers to remain relatively constant, but the specific packers required to report will vary with consolidation and construction in the industry. Of the initial 32 reporting packers operating 51 plants, 2 packers operating 1 plant each have ceased business, 2 plants operated by different packers have fallen below the reporting threshold, and 2 plants operated by different packers have ceased slaughtering but continue to operate as processing facilities. Since reporting began in 2003, two packers operating one plant each have increased slaughter levels above the reporting threshold and two packers have built new plants that slaughter or expect to slaughter above the threshold level. One packer utilizing custom slaughter facilities has increased slaughter above the threshold level. Packers are required to report information for individual plants even in instances when a given company owned or used more than one plant. The information collection burden estimate provided below are based on time and cost requirements at the plant level, so packers that report for more than one plant would bear a cost that would be a multiple of the per-plant estimates. We understand from discussions with packers complying with current reporting requirements that reporting packers have adapted pre-existing data and information systems to provide the required information. There are two types of information collections required for the Swine Contract Library. The first information collection requirement consists of submitting example contracts. Initially, a packer submits example contracts currently in effect or available for each swine processing plant that is subject to the regulations. Subsequently, a packer submits example contracts for any offered, new, or amended contracts that vary from previously submitted contracts in regard to the base price determination, the application of a ledger or accrual account, carcass merit premium and discount schedules (including the determination of the lean percent or other merits of the carcass that are used to determine the amount of the premiums and discounts and how those premiums and discounts are applied), or the use and amount of noncarcass merit premiums or discounts. The initial submission of example contracts requires more time than subsequent filings of new contracts or changes, as packers initially need to review all their contracts to identify the unique types that need to be represented by an example submitted to GIPSA. Thereafter, subsequent filings require a minimal amount of effort on the part of packers, as only example contracts that represent a new or different type need to be filed with GIPSA. An optional contract submission cover sheet is available, but not required, for submitting example contracts. Approximately half the packers currently subject to the regulations use the optional cover sheet for contract submissions. This cover sheet is required for putting the contract into our system; if a contract is submitted without a cover sheet, one is completed by GIPSA staff. The required submission of contracts includes both written and verbal contracts. Packers have added documentation of verbal contracts to their existing recordkeeping systems in order to comply with this requirement. The optional form that is available, but not required, for reporting verbal contracts is used by 10 packers; 1 packer that relies heavily on verbal contracts uses this optional form exclusively to document its verbal contracts. Of 664 contract files on file, the optional verbal contract sheet was used to document 137 verbal contracts. The second information collection requirement is a monthly filing of summary information on form P&SP-341, Packer/Plant Report, Estimates of Swine Committed to Be Delivered Under Contract. The form for the monthly filing is simple and brief. For new packers required to start reporting, this data should be available in the packers' existing record systems. Electronic submission is encouraged and we provide the necessary information on procedures to submit data to GIPSA electronically. Web submissions account for 43 percent of all monthly report submissions received. Usage of the electronic submission option for the monthly reports has steadily increased since the implementation of the regulations with 41 percent submitted via the web in 2003, 56 percent submitted via the web in 2004, and 67 percent submitted via the web in 2005. The estimates of time requirements used for the burden estimates below were developed in consultation with GIPSA personnel knowledgeable of the industry's recordkeeping practices. The estimates also reflect our experience in assembling large amounts of data during the course of numerous investigations involving use of data collected from the industry. Estimates of time requirements and hourly wage costs for developing electronic recordkeeping and reporting systems are based on our experience in developing similar systems, in consultation with our automated information systems staff.
(1)Submission of Contracts (no form required; optional form available) *Estimate of Burden:* Reporting burden for submission of contracts is estimated to include 4 hours per plant for an initial review of all contracts to categorize them into types and identify unique examples, plus an additional 0.25 hours per unique contract identified during the initial review to submit an example of that contract. After the initial filing, the reporting burden is estimated to include 0.25 hours per plant to submit an example of each new or amended contract. *Respondents:* Packers required to report information for the Swine Contract Library. *Estimated Number of Respondents:* 32 packers (total of 51 plants). *Estimated Number of Responses per Plant:* Number of responses per plant vary. Some plants would have no contracts, while others could have up to 80 contracts. We receive an average of six example contracts per plant per year for offered contracts and amended existing or available contracts. *Estimated Total Annual Burden on Respondents:* Initial filing: 5.5 total hours for the initial filing of examples of existing contracts by all plants newly subject to the regulations combined. Based on changes in the industry, we anticipate one new plant to become subject to the regulations each year. Calculated as follows: (4 hours per plant for initial review) × (1 new plant) = 4 hours for initial review; (0.25 hours per contract) × (6 example contracts per plant) × (1 new plant) = 1.5 hours; (4 hours) + (1.5 hours) = 5.5 total hours. Thereafter, 76.5 total hours annually for all subsequent filing of examples of offered or amended existing or available contracts by all plants combined, based on an average of 6 offered or amended existing or available contracts annually. Calculated as follows: (0.25 hours per contract) × (6 example contracts per plant) × (51 plants) = 76.5 hours Total Cost: Initial filing $138 for all plants combined. Calculated as follows: (5.5 hours) × ($25 per hour) = $138 Thereafter, $1,913 annually for all plants combined for submission of subsequent filings. Calculated as follows: (76.5 hours) × ($25 per hour) = $1,913
(2)Submission of Monthly Swine Marketing Contract Report (Form P&SP-341) *Estimate of Burden:* The reporting burden for compiling data, completing and submitting the form is estimated to average 2 hours per manually prepared and submitted (via mail or facsimile) report and 1 hour per electronically prepared and submitted report. There would be an estimated additional one-time set up burden of 1 hour at a cost of $55 per plant for a packer that chose to create a spreadsheet or database for recordkeeping and preparation of monthly estimates. There would be an estimated additional 2 hour burden at a cost of $55 per hour or $110 per plant for a packer to develop procedures to extract and format the required information and to develop an interface between the packer's electronic recordkeeping system and GISPA's system. The hourly rate for development of electronic tools is assumed to be higher due to the need to use personnel with specialized computer skills. *Respondents:* Packers required to report information for the Swine Contract Library. *Estimated Number of Respondents:* 32 packers (total of 51 plants). *Estimated Number of Responses per Plant:* 12 (1 per month for 12 months). *Estimated Total Annual Burden on Respondents:* 1,224 hours for all plants combined if all plants used manual compiling, preparation, and submission. Calculated as follows: (2 hours per response) × (51 plants) × (12 responses per plant) = 1,224 hours 612 hours for all plants combined if all plants use electronic compiling, preparation, and submission. Calculated as follows: (1 hour per response) × (51 plants) × (12 responses per plant) = 612 hours. Total Cost: $30,600 annually for all plants combined if all use manual submission. Calculated as follows: (1224 hours) × ($25 per hour) = $30,600 $15,300 annually for all plants combined if all were to completely utilize electronic preparation and submission. Calculated as follows: (612 hours) × ($25 per hour) = $15,300 Additional $165 one-time set-up cost if all plants newly subject to the regulations were to completely utilize electronic systems for preparation and submission. Calculated as follows: (1 hour build spreadsheet/database) + (2 hours develop electronic interface) = 3 hours (3 hours total development) × ($55.00 per hour) × (1 new plant) = $165.00 Most entities have chosen to use electronic recordkeeping and reporting methods. Thus, the cost burden to respondents would be at the lower end of the range provided. We estimate the range of costs in the first year for a packer reporting for one plant would be $640 using electronic submission and $775 for manual submission. In subsequent years, we estimate the range of costs would be $338 using electronic submission and $638 for manual submission. The Paperwork Reduction Act also requires GIPSA to measure the recordkeeping burden. Under the P&S Act and its existing regulations, each packer is required to maintain and make available upon request such records as are necessary to verify information on all transactions between the packer and producers from whom the packer obtains swine for slaughter. Records that packers are required to maintain under existing regulations would meet the requirements for verifying the accuracy of information required to be reported for the Swine Contract Library. These records include original contracts, agreements, receipts, schedules, and other records associated with any transaction related to the purchase, pricing, and delivery of swine for slaughter under the terms of marketing contracts. Additional annual costs of maintaining records would be nominal since packers are required to store and maintain such records as a matter of normal business practice and in conformity with existing regulations. As required by the Paperwork Reduction Act (44 U.S.C. 3506(c)(2)(A)) and its implementing regulations (5 CFR 1320.8(d)(1)(i)), we specifically request comments on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden on the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for the Office of Management and Budget approval. All comments will also become a matter of public record. Authority: 44 U.S.C. 3506 and 5 CFR 1320.8. David R. Shipman, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E6-1335 Filed 1-31-06; 8:45 am] BILLING CODE 3410-EN-P DEPARTMENT OF AGRICULTURE Rural Housing Service Notice of Request for Extension of a Currently Approved Information Collection AGENCY: Rural Housing Service (RHS), USDA. ACTION: Proposed collection: comments requested. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Service's
(RHS)intention to request an extension for a currently approved information collection in support of the Housing Preservation Grant Program. DATES: Comments on this notice must be received by April 3, 2006 to be assured of consideration. FOR FURTHER INFORMATION CONTACT: For general information, applicants may contact Bonnie Edwards-Jackson, Senior Loan Specialist, Multi-Family Housing Processing Division, Rural Housing Service, United States Department of Agriculture, Stop 0781, 1400 Independence Avenue, SW., Washington, DC 20250-0781, telephone
(202)690-0759 (voice) (this is not a toll free number) or
(800)877-8339 (TDD-Federal Information Relay Service) or via e-mail at, *Bonnie.Edwards@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: *Title:* Housing Preservation Grants. *OMB Number:* 0575-0115. *Expiration Date of Approval:* July 31, 2006. *Type of Request:* Extension of a currently approved information collection. *Abstract:* The primary purpose of the Housing Preservation Grant Program is to repair and rehabilitate individual housing, rental properties, or co-ops owned or occupied by very low- and low-income rural persons. Grantees will provide eligible homeowners, owners of rental properties and owners of co-ops with financial assistance through loans, grants, interest reduction payments or other comparable financial assistance through loans, grants, interest reduction payments or other comparable financial assistance for necessary repairs and rehabilitation of dwellings to bring them up to code or minimum property standards. Where repair and rehabilitation assistance is not economically feasible or practical the replacement of existing, individual owner occupied housing is available. These grants were established by Public Law 98-181, the Housing Urban-Rural Recovery Act of 1983, which amended the Housing Act of 1979 (Pub. L. 93-383) by adding section 533, 42 U.S.C. S 2490(m), Housing Preservation Grants (HPG). In addition, the Secretary of Agriculture has authority to prescribe rules and regulations to implement HPG and other programs under 42 U.S.C. 1480(j). Section 533(d) describes the information applicants are to submit to RHS as part of their application and in the assessments and criteria RHS is to use in selecting grantees. An applicant is to submit a “statement of activity” describing its proposed program, including the specific activities it will undertake and its schedule. RHS is required in turn to evaluate proposals on a set of prescribed criteria, for which the applicant will also have to provide information, such as:
(1)Very low- and low-income persons proposed to be served by the repair and rehabilitation activities;
(2)participation by other public and private organizations to leverage funds and lower the cost to the HPG program;
(3)the area to be served in terms of population and need;
(4)cost data to assure greatest degree of assistance at lowest cost;
(5)administrative capacity of the applicant to carry out the program. The information collected will be the minimum required by law and by necessity for RHS to assure that it funds responsible grantees proposing feasible projects in areas of greatest need. Most data are taken from a localized area, although some are derived from census reports of city, county and Federal governments showing population and housing characteristics. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average .83 hours per response. *Respondents:* A public body or a public or private nonprofit corporation. *Estimated Number of Respondents:* 2,423. *Estimated Number of Responses per Respondent:* 5.8. *Estimated Total Annual Burden on Respondents:* 11,678 hours. Copies of this information collection can be obtained from Tracy Givelekian, Regulations and Paperwork Management Branch at 202-692-0039. Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of RHS, including whether the information will have practical utility;
(b)the accuracy of RHS's estimate of the burden of proposed collection of information including the validity of the methodology and assumptions used;
(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 those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Tracy Givelekian, Regulations and Paperwork Management Branch, U.S. Department of Agriculture, Rural Development, STOP 0742, 1400 Independence Ave., SW., Washington, DC 20250. All responses to this notice will be summarized and included in the request for OMB approval. All comments will become a matter of public record. Dated: January 20, 2006. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. E6-1276 Filed 1-31-06; 8:45 am] BILLING CODE 3410-XV-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce has submitted to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* Northeast Fisheries Observer Program Fishermen's Comment Card. *Form Number(s):* None. *OMB Approval Number:* None. *Type of Request:* Regular submission. *Burden Hours:* 260. *Number of Respondents:* 520. *Average Hours Per Response:* 15 minutes. *Needs and Uses:* The Comment Card will help Northeast Fisheries Observer Program assess observer performance ( *i.e.* , contractor performance), ensure higher data quality, help to detect fraud and provide the fishermen with a direct line of communication to the program management. This is a tailored qualitative customer survey for fishermen having had observers on their vessels to provide direct feedback on observer performance to the National Marine Fisheries Service. This will be collected on a voluntary basis. The Fishermen's Comment Card is available to all fishermen who have had a certified Northeast Fisheries Observer Program observer onboard their vessel. The captain, owner, or crew member in charge may complete the survey. *Affected Public:* Business or other for-profit organizations. *Frequency:* Semi-annually. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number
(202)395-7285, or *David_Rostker@omb.eop.gov.* Dated: January 26, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-1300 Filed 1-31-06; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce has submitted to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* NOAA Coastal Services Center Coastal Resource Management Customer Survey. *Form Number(s):* None. *OMB Approval Number:* 0648-0308. *Type of Request:* Regular submission. *Burden Hours:* 250. *Number of Respondents:* 500 *Average Hours Per Response:* 30 minutes. *Needs and Uses:* This survey will be used by the NOAA Coastal Services Center to obtain information from our customers about their natural resource management issues, their information needs, and their technological capabilities in order to make quality improvements to our products and services. The respondents will be from the coastal natural resource management community. *Affected Public:* State, Local or Tribal government, Federal government. *Frequency:* One time only. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number
(202)395-7285, or *David_Rostker@omb.eop.gov.* Dated: January 26, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-1301 Filed 1-31-06; 8:45 am] BILLING CODE 3510-08-P DEPARTMENT OF COMMERCE Census Bureau Proposed Information Collection; Comment Request; 2007 Economic Census Covering the Wholesale Trade Sector 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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before April 3, 2006. 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(s) and instructions should be directed to Yvonne Wade, U.S. Census Bureau, Room 2682, Building 3, Washington, DC 20233-0001,
(301)763-2661 (or via the Internet at *mywade@census.gov* ). SUPPLEMENTARY INFORMATION: I. Abstract The economic census, conducted under authority of Title 13, United States Code (USC), is the primary source of facts about the structure and functioning of the Nation's economy. Economic statistics serve as part of the framework for the national accounts and provide essential information for government, business, and the general public. Economic data are the Census Bureau's primary program commitment during nondecennial census years. The 2007 Economic Census covering the Wholesale Trade sector (as defined by the North American Industry Classification System (NAICS)) will measure the economic activity of more than 450,000 establishments. The information collected will produce basic statistics by kind of business on the number of establishments, sales, payroll, and employment. It will also yield a variety of subject statistics, including sales by product line, sales by class of customer, and other industry-specific measures. Primary strategies for reducing burden in Census Bureau economic data collections are to increase reporting through standardized questionnaires and broader electronic data collection methods. II. Method of Collection *Mail Selection Procedures:* Establishments in the Wholesale Trade sector of the economic census will be selected from the Census Bureau's Business Register for a mail canvass. To be eligible for selection, an establishment will be required to satisfy the following conditions:
(i)It must be classified in the Wholesale Trade sector;
(ii)it must be an active operating establishment of a multi-establishment firm (i.e., a firm that operates at more than one physical location); and
(iii)it must be located in one of the 50 states or the District of Columbia. Mail selection procedures will distinguish the following groups of establishments: 1. Establishments of Multi-Establishment Firms All active operating establishments of multi-establishment firms will be included in the mail component of the potential respondent universe. We estimate that the 2007 Economic Census mail canvass for the Wholesale Trade sector will include approximately 126,000 establishments of multi-establishment firms. 2. Single-Establishment Firms With Payroll All single-establishment firms having annualized payroll (from Federal administrative records) will be included in the mail component of the potential respondent universe. We estimate that the 2007 Economic Census mail canvass for the Wholesale Trade sector will include approximately 324,000 establishments of single-establishment firms. III. Data *OMB Number:* None. *Form Number:* The 42 standard forms and ownership or control flier used to collect information from businesses in this sector of the Economic Census are tailored to specific business practices and are too numerous to list separately in this notice. Requests for information on the proposed content of the forms should be directed to M. Yvonne Wade, U.S. Census Bureau, Room 2682, Building 3, Washington, DC 20233-0001,
(301)763-2661 (or via the Internet at *mywade@census.gov* ). *Type of Review:* Regular review. *Affected Public:* State or local government, business or other for-profit organizations, and not-for-profit institutions. *Estimated Number of Respondents:* 450,000. *Estimated Time per Response:* 1 hour and 30 minutes. *Estimated Total Annual Burden Hours:* 675,000. *Estimated Total Annual Cost:* $16,652,250. *Respondent's Obligation:* Mandatory. *Legal Authority:* Title 13, U.S.C., Sections 131 and 224. 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: January 26, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-1296 Filed 1-31-06; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Census Bureau Proposed Information Collection; Comment Request; Survey of Housing Starts, Sales, and Completions 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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before April 3, 2006. 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(s) and instructions should be directed to Erica Filipek, Census Bureau, Room 2105, FOB 4, Washington, DC 20233-6900,
(301)763-5161 (or via the Internet at *Erica.mary.filipek @census.gov* ). SUPPLEMENTARY INFORMATION: I. Abstract The Census Bureau plans to request an extension of the current Office of Management and Budget
(OMB)clearance of the Survey of Housing Starts, Sales and Completions, also known as the Survey of Construction (SOC), to collect monthly data on new residential construction from a sample of owners or builders. The Census Bureau uses the Computer-Assisted Personal Interviewing
(CAPI)electronic questionnaires SOC-QI/SF.1 and SOC-QI/MF.1 to collect data on start and completion dates of construction, physical characteristics of the structure (floor area, number of bathrooms, type of heating system, etc), and if applicable, date of sale, sales price, and type of financing. The SOC program provides widely used measures of construction activity, including the economic indicators Housing Starts and Housing Completions, which are from the New Residential Construction series, and New Residential Sales. We sample about 2,350 new buildings each month (28,200 per year). We inquire about the progress of each building multiple times until it is completed (and a sales contract is signed, if it is a single-family house that is built for sale). We conduct an average of 6.25 interviews for each building sampled. The total number of interviews conducted each year is about 176,250. Each interview takes 5 minutes on average. Therefore the total annual burden is 14,688 hours. We do not plan any changes to the SOC-QI/SF.1 and SOC-QI/MF.1 forms. II. Method of Collection The Census Bureau uses its field representatives to collect the data. The field representatives conduct interviews to obtain data. III. Data *OMB Number:* 0607-0110. *Form Number:* SOC-QI/SF.1 and SOC-QI/MF.1. *Type of Review:* Regular review. *Affected Public:* Individuals or households, business or other for-profit organizations. *Estimated Number of Respondents:* 28,200. *Estimated Time per Response:* 5 minutes. *Estimated Total Annual Burden Hours:* 14,688. *Estimated Total Annual Cost to the Public:* $386,441. The estimated cost is based on an average hourly pay for respondent to be $26.31. This estimate was taken from the Department of Labor, Bureau of Labor Statistics, Occupational Employment Statistics Survey for 2004. *Respondent's Obligation:* Voluntary. *Legal Authority:* Title 13, United States Code, Section 182. 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: January 26, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-1298 Filed 1-31-06; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Census Bureau Proposed Information Collection; Comment Request; 2007 Economic Census Covering the Retail Trade and Accommodation and Food Services Sectors 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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before April 3, 2006. 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(s) and instructions should be directed to Fay Dorsett, U.S. Census Bureau, Room 2679, Building 3, Washington, DC 20233-0001 (301-763-2687 or via the Internet at *fdorsett@census.gov.* SUPPLEMENTARY INFORMATION: I. Abstract The economic census, conducted under authority of Title 13, United States Code (USC), is the primary source of facts about the structure and functioning of the Nation's economy. Economic statistics serve as part of the framework for the national accounts and provide essential information for government, business, and the general public. The economic data are the Census Bureau's primary program commitment during nondecennial census years. The 2007 Economic Census covering the retail trade and accommodation and food services sectors (as defined by the North American Industry Classification System (NAICS)) will measure the economic activity of more than 1.8 million establishments. The information collected will produce basic statistics by kind of business on the number of establishments, sales, payroll, and employment. It will also yield a variety of subject statistics, including sales by product line, sales by class of customer, and other industry-specific measures. Primary strategies for reducing burden in Census Bureau economic data collections are to increase reporting through standardized questionnaires and broader electronic data collection methods. II. Method of Collection *Mail Selection Procedures:* Establishments in the retail trade and accommodation and food services sectors of the economic census will be selected from the Census Bureau's Business Register for a mail canvass. To be eligible for selection, an establishment will be required to satisfy the following conditions:
(i)It must be classified in the retail trade or accommodation and food services sector;
(ii)it must be an active operating establishment of a multi-establishment firm ( *i.e.* , a firm that operates at more than one physical location), or it must be a single-establishment firm with payroll ( *i.e.* , a firm operating at only one physical location); and
(iii)it must be located in one of the 50 states or the District of Columbia. Mail selection procedures will distinguish the following groups of establishments: 1. Establishments of Multi-Establishment Firms All active operating establishments of multi-establishment firms will be included in the mail component of the potential respondent universe. We estimate that the 2007 Economic Census mail canvasses for the retail trade and accommodation and food services sectors will include approximately 722,000 establishments of multi-establishment firms. 2. Single-Establishment Firms With Payroll As an initial step in the selection process, we will conduct a study of the potential respondent universe. This study will produce a set of industry-specific payroll cutoffs that we will use to distinguish large versus small single-establishment firms within each industry or kind of business. This payroll size distinction will affect selection as follows: a. *Large Single-Establishment Firms* —All single-establishment firms having annualized payroll (from Federal administrative records) that equals or exceeds the cutoff for their industry will be included in the mail component of the potential respondent universe. We estimate that the 2007 Economic Census mail canvasses for the retail trade and accommodation and food services sectors will include approximately 553,000 large single-establishment firms. b. *Small Single-Establishment Firms* —A sample of single-establishment firms having annualized payroll below the cutoff for their industry will be included in the mail component of the potential respondent universe. Sampling strata and corresponding probabilities of selection will be determined by a study of the potential respondent universe conducted shortly before the mail selection operations begin. We estimate that the 2007 Economic Census mail canvasses for the retail trade and accommodation and food services sectors will include approximately 133,000 small single-establishment firms selected in this sample. All remaining single-establishment firms with payroll will be represented in the census by data from Federal administrative records. Generally, we will not include these small employers in the census mail canvasses. However, administrative records sometimes have fundamental industry classification deficiencies that make them unsuitable for use in producing detailed industry statistics by geographic area. When we find such a deficiency, we will mail the firm a census classification form. We estimate that the 2007 Economic Census mail canvasses for the retail trade and accommodation and food services sectors will include approximately 445,000 small single-establishment firms that receive these forms. III. Data *OMB Number:* None. *Form Number:* The 33 standard forms, seven classification forms, and two ownership or control fliers used to collect information from businesses in these sectors of the Economic Census are tailored to specific business practices and are too numerous to list separately in this notice. Requests for information on the proposed content of the forms should be directed to Fay Dorsett, U.S. Census Bureau, Room 2679, Building 3, Washington, DC 20233-0001 (301-763-2687 or via the Internet at *fdorsett@census.gov* ). *Type of Review:* Regular review. *Affected Public:* State or local governments, business or other for-profit organizations, or non-profit institutions. *Estimated Number of Respondents:* 1,853,000. Retail Trade (Standard Form)—964,000; Retail Trade (Classification Form)—194,000; Accommodation and Food Services (Standard Form)—444,000; and Accommodation and Food Services (Classification Form)—251,000. *Estimated Time Per Response:* Retail Trade (Standard Form)—1 hour; Retail Trade (Classification Form)—12 minutes; Accommodation and Food Services (Standard Form) — 1 hour; and Accommodation and Food Services (Classification Form)—12 minutes. *Estimated Total Annual Burden Hours:* 1,497,000. Retail Trade (Standard Form)—964,000 Retail Trade (Classification Form)—38,800 Accommodation and Food Services (Standard Form)—444,000 Accommodation and Food Services (Classification Form)—50,200 *Estimated Total Annual Cost:* $36,930,990. *Respondent's Obligation:* Mandatory. *Legal Authority:* Title 13, U.S.C., 131 and 224. 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: January 26, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-1303 Filed 1-31-06; 8:45 am] BILLING CODE 3510-07-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, NW., 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 (the Act), may request, in accordance with § 351.213(2004) 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 February 2006, 1 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in February for the following periods: 1 Or the next business day, if the deadline falls on a weekend, Federal holiday or any other day when the Department is closed. Antidumping duty proceedings Period Brazil: Stainless Steel Bar, A-351-825 2/1/05-1/31/06 Frozen Warmwater Shrimp, A-351-838 8/4/04-1/3l/06 Ecuador: Frozen Warmwater Shrimp, A-331-802 8/4/04-1/31/06 France: Certain Cut-to-Length Carbon-Quality Steel Plate, A-427-816 2/1/05-2/10/05 Uranium A-427-818 2/1/05-1/31/06 Germany: Sodium Thiosulfate, A-428-807 2/1/05-3/7/05 India: Certain Cut-to-Length Carbon-Quality Steel Plate, A-533-817 2/1/05-1/31/06 Forged Stainless Steel Flanges, A-533-809 2/1/05-1/31/06 Frozen Warmwater Shrimp, A-533-840 8/4/04-1/31/06 Stainless Steel Bar, A-533-810 2/1/05-1/31/06 Certain Preserved Mushrooms, A-533-813 2/1/05-1/31/06 Indonesia: Certain Cut-to-Length Carbon-Quality Steel Plate, A-560-805 2/1/05-1/31/06 Certain Preserved Mushrooms, A-560-802 2/1/05-1/31/06 Italy: Certain Cut-to-Length Carbon-Quality Steel Plate, A-475-826 2/1/05-1/31/06 Stainless Steel Butt-Weld Pipe Fittings, A-475-828 2/1/05-1/31/06 Japan: Carbon Steel Butt-Weld Pipe Fittings, A-588-602 2/1/05-1/31/06 Certain Cut-to-Length Carbon-Quality Steel Plate, A-588-847 2/1/05-1/31/06 Mechanical Transfer Presses, A-588-810 2/1/05-6/21/05 Stainless Steel Bar, A-588-833 2/1/05-1/31/06 Malaysia: Stainless Steel Butt-Weld Pipe Fittings, A-557-809 2/1/05-1/31/06 Mexico: Welded Large Diameter Line Pipe, A-201-828 2/1/05-1/31/06 Philippines: Stainless Steel Butt-Weld Pipe Fittings, A-565-801 2/1/05-1/31/06 Republic of Korea: Certain Cut-to-Length Carbon-Quality Steel Plate, A-580-836 2/1/05-1/31/06 Stainless Steel Butt-Weld Pipe Fittings, A-580-813 2/1/05-1/31/06 Taiwan: Forged Stainless Steel Flanges, A-583-821 2/1/05-1/31/06 Thailand: Frozen Warmwater Shrimp, A-549-822 8/4/04-1/31/06 The People's Republic of China: Axes/adzes, A-570-803 2/1/05-1/31/06 Bars/wedges, A-570-803 2/1/05-1/31/06 Certain Preserved Mushrooms, A-570-851 2/1/05-1/31/06 Creatine Monohydrate, A-570-852 2/1/05-2/4/05 Frozen Warmwater Shrimp, A-570-893 7/16/04-1/31/06 Hammers/sledges, A-570-803 2/1/05-1/31/06 Natural Bristle Paint Brushes and Brush Heads, A-570-501 2/1/05-1/31/06 Picks/mattocks, A-570-803 2/1/05-1/31/06 Sodium Thiosulfate, A-570-805 2/1/05-3/7/05 The United Kingdom: Sodium Thiosulfate, A-412-805 2/1/05-3/7/05 Socialist Republic of Vietnam: Frozen Warmwater Shrimp, A-552-802 7/16/04-1/31/06 France: Certain Cut-to Length Carbon Quality Steel Plate, C-427-817 1/1/05-12/31/05 Low Enriched Uranium, C-427-819 1/1/05-12/31/05 Germany: Low Enriched Uranium, C-428-829 1/1/05-12/31/05 India: Certain Cut-to-Length Carbon-Quality Steel Plate, C-533-818 1/1/05-12/31/05 Prestressed Concrete Steel Wire Strand, C-533-829 1/1/05-12/31/05 Indonesia: Certain Cut-to-Length Carbon-Quality Steel Plate, C-560-806 1/1/05-12/31/05 Italy: Certain Cut-to-Length Carbon-Quality Steel Plate, C 475-827 1/1/05-12/31/05 Netherlands: Low Enriched Uranium, C-421-809 1/1/05-12/31/05 Republic of Korea: Certain Cut-to-Length Carbon-Quality Steel Plate, C-580-837 1/1/05-12/31/05 The United Kingdom: Low Enriched Uranium, C-412-821 1/1/05-12/31/05 Suspension Agreements None. In accordance with § 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. 2 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. 2 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, NW., Washington, DC 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 § 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 February 2006. If the Department does not receive, by the last day of February 2006, 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 use, 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: January 24, 2006. Thomas F. Futtner, Acting Office Director AD/CVD Operations, Office 4 for Import Administration. [FR Doc. E6-1342 Filed 1-31-06; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part. SUMMARY: The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with December anniversary dates. In accordance with our regulations, we are initiating those administrative reviews. The Department also received requests to revoke one antidumping duty order in part. DATES: Effective Date: February 1, 2006. 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, NW., Washington, DC 20230, telephone:
(202)482-4737. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b)(2004), for administrative reviews of various antidumping and countervailing duty orders and findings with December anniversary dates. The Department also received timely requests to revoke in part the antidumping duty order on Honey from Argentina with respect to two exporters. Initiation of Reviews In accordance with section 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than December 31, 2006. Antidumping duty proceedings Period to be reviewed Argentina: Honey, A-357-812 12/01/04-11/30/05 Asociacion de Cooperativas Argentinas, Agroin Las Piedras Ltda., Algodonera Avellaneda S.A., Alimentos Naturales-Natural Foods, Apisur S.A., Baires Logistics SRL, Campos Silvestres S.A., Compania Apicola Argentina SA, El Mana, S.A., HoneyMax S.A., J.L. S.A., Mielar S.A., Naiman S.A., Nexco S.A., Nutrin S.A., Pueblanueva S.A.-Miel Emilia, Radix S.r.L., Seylinco S.A., Ultramar Argentina SA. Brazil: Silicomanganese, A-351-824 12/1/04-11/30/05 Rio Doce Manganes S.A., Companhia Paulista de Ferro-Ligas, Urucum Mineracao S.A. India: Certain Hot-Rolled Carbon Steel Flat Products, A-533-820 12/1/04-11/30/05 Essar Steel Ltd. Stainless Steel Wire Rod, A-533-808 12/1/04-11/30/05 Mukand, Ltd., The Viraj Group (Viraj Alloys, Ltd., Viraj Forgings, Ltd., Viraj Impoexpo Ltd., Viraj Smelting, Viraj Profiles, and VSL Wires, Ltd.). 1 Taiwan: Certain Welded Stainless Steel Pipe, A-583-815 12/1/04-11/30/05 Froch Enterprise (formerly Jaung Yuann Enterprise Co., Ltd.). The People's Republic of China: Carbazole Violet Pigment 23 2 , A-570-892 6/24/04-11/30/05 Nantong Haidi Chemical Company, Tianjin Hanchem International Trading Company, Ltd., Trust Chem Co., Ltd./Boson Enterprises Ltd. Certain Cased Pencils 3 , A-570-827 12/1/04-11/30/05 Beijing Dixon Stationery Company Ltd., China First Pencil Company, Ltd.*, China First Pencil Fang Zheng Co.*, Orient International Holding Shanghai Foreign Trade Co., Ltd., Shandong Rongxin Import & Export Co., Ltd., Shanghai First Writing Instrument Co., Ltd.*, Shanghai Great Wall Pencil Co., Ltd.*, Shanghai Three Star Stationary Industry Corp.*, Tianjin Custom Wood Processing Co., Ltd.. Hand Trucks and Parts Thereof 4 , A-570-891 5/24/04-11/30/05 Aulita Quindao Manufacturing Co., Ltd., Qingdao Huatian Hand Truck Co., Ltd., Qingdao Taifa Group Co., Ltd./Quindao Yinzhu Hand Truck Factory, True Potential Co., Ltd., Qingdao Future Tool, Inc., Shandong Machinery I & E Group Corp., Formost Plastics & Metalworks (Jiaxing) Co., Ltd., Forecarry Corp., Since Hardware (Guangzhou) Co., Ltd. Honey 5 , A-570-863 12/1/04-11/30/05 Anhui Honghui Foodstuff (Group) Co., Ltd., Anhui Native Produce Import and Export Corporation, Apiarist Co., Cheng Du Wai Yuan Bee Products Co., Ltd., Eurasia Bee's Products Co., Ltd., Foodworld International Club, Ltd., Henan Native Produce Import and Export Corporation, High Hope International Group Jiangsu Foodstuffs Import and Export Corporation, Inner Mongolia Autonomous Region Native Produce and Animal By-Products, Import and Export Corporation, Inner Mongolia Autonomous Region Native Produce and Animal By-Products, Inner Mongolia Youth Trade Development Co., Ltd., Jiangsu Kanghong Natural Healthfoods Co., Ltd., Jinfu Trading Co., Ltd., Kunshan Foreign Trading Company, Kunshan Xin'an Trade Co., Ltd., Qinhuangdao Municipal Dafeng Industrial Co., Ltd., Shanghai Eswell Enterprise Company Ltd., Shanghai Shinomiel International Trade Corporation, Shanghai Taiside Trading Co., Ltd., Shanghai Xiuwei International Trading Co., Ltd., Sichuan-Dujiangyan Dubao Bee Industrial Co., Ltd., Tianjin Eulia Honey Co., Ltd., Wuhan Bee Healthy Co., Ltd., Wuhan Shino-Food Trade Co., Ltd., Wuhu Qinshi Tangye, Zhejiang Native Produce and Animal By-Products Import and Export Corporation, a.k.a. Zhejiang Native Produce and Animal By-Products Import and Export Group Corporation, Zhejiang Willing Foreign Trading Co., Ltd. Malleable Cast Iron Pipe Fittings 6 , A-570-881 12/1/04-11/30/05 Beijing Sai Lin Ke Hardware Co., Ltd. Argentina: Honey 7 , C-357-813 1/1/05-12/31/05 India: Certain Hot-Rolled Carbon Steel Flat Products, C-533-821 1/1/05-12/31/05 Essar Steel, Ltd. *We collapsed China First Pencil Co., Ltd. with Shanghai Three Star Stationary Industry Corp. and with its subsidiaries Shanghai First Writing Instrument Co., Ltd., Shanghai Great Wall Pencil Co., Ltd., and China First Pencil Fang Zheng Co., Ltd. in previous segments of this proceeding. For this review we consider these parties to constitute a single entity. 1 The Department revoked the order in part with respect to entries of subject merchandise produced and exported by Viraj Alloys, Ltd., and VSL Wires, Ltd., effective December 1, 2003. *See Stainless Steel Wire Rod from India: Final Results of Antidumping Duty Administrative Review and Determination to Revoke Order in Part,* 70 FR 40318 (July 13, 2005). The Department is conditionally initiating a review with respect to Viraj Alloys, Ltd., Viraj Forgings, Ltd., Viraj Impoexpo Ltd., Viraj Smelting, Viraj Profiles, and VSL Wires, Ltd., pending further information from the requestor as to sales of subject merchandise not covered by the revocation. 2 If one of the above named companies does not qualify for a separate rate, all other exporters of Carbazole Violet Pigment 23 from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 3 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain Cased Pencils from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 4 If one of the above named companies does not qualify for a separate rate, all other exporters of Hand Trucks and Parts Thereof from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 5 If one of the above named companies does not qualify for a separate rate, all other exporters of Honey from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. Additionally, for those companies for which we are conducting a new shipper review, this administrative review will only cover entries not covered by those new shipper reviews. 6 If one of the above named companies does not qualify for a separate rate, all other exporters of Malleable Cast Iron Pipe Fittings from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 7 In accordance with section 351.213(b) of the regulations, the petitioners have requested an administrative review of this countervailing duty order. No individual exporters requested the review pursuant to section 351.213(b) of the regulations. Accordingly, the Department will be conducting the review of this order on an aggregate basis. Suspension Agreements None. During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under § 351.211 or a determination under section 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with *FAG Italia* v. *United States,* 291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and 19 CFR 351.221(c)(1)(i). Dated: January 27, 2006. Thomas F. Futtner, Acting Office Director AD/CVD Operations, Office 4 for Import Administration. [FR Doc. E6-1344 Filed 1-31-06; 8:45 am] BILLING CODE 3510-DS-P 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 March 2006 The following Sunset Reviews are scheduled for initiation in March 2006 and will appear in that month's Notice of Initiation of Five-year Sunset Reviews. Antidumping Duty Proceedings Department Contact Stainless Steel Bar from Brazil (A-351-825) (2nd Review) Zev Primor
(202)482-4114 Stainless Steel Bar from India (A-533-810) (2nd Review) David Goldberger
(202)482-4136 Stainless Steel Bar from Japan (A-588-833) (2nd Review) Zev Primor
(202)482-4114 Stainless Steel Bar from Spain (A-469-805) (2nd Review) Zev Primor
(202)482-4114 Countervailing Duty Proceedings No countervailing duty proceedings are scheduled for initiation in March 2006. Suspended Investigations No suspended investigations are scheduled for initiation in March 2006. The Department's procedures for the conduct of Sunset Reviews are set forth in its *Procedures for Conducting Five-year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders* , 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). 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. Puruant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initition. 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: January 24, 2006. Thomas F. Futtner, Acting Office Director,AD/CVD Operations, Office 4,for Import Administration. [FR Doc. E6-1345 Filed 1-31-06; 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 and countervailing 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: February 1, 2006. 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 its *Procedures for Conducting Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders* , 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). 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 and countervailing duty orders: DOC Case No. ITC Case No. Country Product Department Contact A-475-811 731-TA-659 Italy Grain-Oriented Electrical Steel (2nd Review) Dana Mermelstein
(202)482-1390 A-588-831 731-TA-660 Japan Grain-Oriented Electrical Steel (2nd Review) Dana Mermelstein
(202)482-1390 A-570-831 731-TA-683 PRC Fresh Garlic (2nd Review) Maureen Flannery
(202)482-3020 C-475-812 701-TA-355 Italy Grain-Oriented Electrical Steel (2nd Review) David Goldberger
(202)482-4136 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 Internet 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. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews 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. 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. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: January 24, 2006. Thomas F. Futtner, Acting Office Director, AD/CVD Operations, Office for Import Administration. [FR Doc. E6-1347 Filed 1-31-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-588-867] Notice of Preliminary Determination of Sales at Less Than Fair Value: Metal Calendar Slides from Japan AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a petition filed by Stuebing Automatic Machine Company (Petitioner), the U.S. Department of Commerce (the Department) initiated and is conducting an investigation of sales of metal calendar slides
(MCS)from Japan for the period April 1, 2004 through March 31, 2005. *See Notice of Initiation of Antidumping Duty Investigation: Metal Calendar Slides from Japan* , 70 FR 43122 (July 26, 2005) ( *Initiation Notice* ). The Department preliminarily determines that MCS from Japan are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are listed in the “Suspension of Liquidation” section of this notice. Interested parties are invited to comment on this preliminary determination. EFFECTIVE DATE: February 1, 2006. FOR FURTHER INFORMATION CONTACT: Scott Lindsay, Dara Iserson, or Kimberley Hunt, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0780,
(202)482-4052, or
(202)482-1272, respectively. SUPPLEMENTARY INFORMATION: Case History This investigation was initiated on July 19, 2005. *See Initiation Notice* . Since the initiation of the investigation, the following events have occurred. On August 3, 2005, the Department issued a letter providing interested parties an opportunity to comment on a proposed set of model-match criteria. We received comments in response to this letter from Petitioner and Nishiyama Kinzoku Co., Ltd. (Nishiyama). on August 17, 2005. Based on these submissions, we determined the appropriate model-match characteristics. *See* Memorandum to Maria MacKay through Thomas Gilgunn, “Selection of Model Matching Criteria for Purposes of the Antidumping Duty Questionnaire” (September 26, 2005). On August 11, 2005, the United States International Trade Commission
(ITC)preliminarily determined that there is a reasonable indication that imports of the products subject to this investigation are materially injuring an industry in the United States producing the domestic like product. *See Metal Calendar Slides from Japan* , 70 FR 48778 (August 19, 2005) ( *ITC Preliminary Determination* ). On September 21, 2005, the Department selected Nishiyama Kinzoku Co., Ltd. (Nishiyama) as the sole respondent in this investigation. *See Respondent Selection* section below. The Department issued its section A of the questionnaire to Nishiyama on September 21, 2005 and sections B-D on September 27, 2005. 1 Nishiyama submitted its response to section A on October 28, 2005, and its response to sections B and C on November 14, 2005. The Department issued a supplemental questionnaire to Nishiyama on December 7, 2005. We received the supplemental response for sections A-C on December 27, 2005. Nishiyama submitted its section D response on December 30, 2005. 1 Section A of the questionnaire requests general information concerning a company's corporate structure and business practices, the merchandise under investigation that it sells, and the manner in which it sells that merchandise in all of its markets. Section B requests a complete listing of all home market sales, or, if the home market is not viable, of sales in the most appropriate third-country market (this section is not applicable to respondents in non-market economy
(NME)cases). Section C requests a complete listing of U.S. sales. Section D requests information on the cost of production
(COP)of the foreign like product and the constructed value
(CV)of the merchandise under investigation. On November 2, 2005, Nishiyama notified the Department of its intention to use its fiscal year
(FY)(calendar year 2004), rather than the period of investigation (POI), as the basis for reporting variable manufacturing cost and total manufacturing cost in its November 14, 2005 sections B and C responses. Petitioner commented on this cost reporting period shift in its November 25, 2005 submission. On November 28, 2005, the Department requested additional information from Nishiyama in order to determine the appropriateness of its use of its FY costs. Based on our analysis of Nishiyama's December 12, 2005 response, we allowed the shift because there were no significant cost differences between the periods. *See* Letter from Barbara E. Tillman to Nishiyama, “Antidumping Duty Investigation of Metal Calendar Slides from Japan” (December 27, 2005). On November 10, 2005, Petitioner requested that the Department extend the preliminary determination in this investigation from December 6, 2005 to January 25, 2006. We postponed the preliminary determination to January 25, 2006, under section 733(c)(1) of the Act. *See Notice of Postponement of Preliminary Determination in the Antidumping Duty Investigation of Metal Calendar Slides from Japan* , 70 FR 70059 (November 21, 2005). On January 19, 2006, Petitioner submitted comments regarding the preliminary determination. Due to the statutory deadline governing this investigation, we were unable to fully analyze these comments for the purposes of the preliminary determination. If necessary, the Department will issue an additional supplemental questionnaire to clarify issues raised by Petitioner. Although critical circumstances were not alleged in the petition, Petitioner maintained that there is a reasonable basis to believe or suspect that critical circumstances will exist with regard to imports of MCS from Japan. *See Petition for Imposition of Antidumping Duties on Metal Calendar Slides from Japan* (June 29, 2005) ( *Petition* ). In the *Petition* , Petitioner requested that the Department monitor imports of MCS pursuant to section 351.206(g) of the Department's regulations. In the *Initiation Notice* , the Department stated that it would monitor imports of MCS from Japan and would request that U.S. Customs and Border Protection
(CBP)compile information on an expedited basis regarding entries of the subject merchandise. *Initiation Notice* , 70 FR at 43124. The Department has obtained CBP data covering entries of subject merchandise from January 1, 2003, through October 31, 2005. We placed this data on the record on January 10, 2006. *See* Memorandum to the File from Dara Iserson, “Antidumping Duty Investigation of Metal Calendar Slides from Japan: The Placing of U.S. Bureau of Customs and Border Protection IM-115 Data on the Record” (January 10, 2006). In addition, Nishiyama submitted to the Department the volume and value of its monthly shipments to the United States for the period 2003 through 2005. On January 19, 2006, Petitioner alleged critical circumstances. Pursuant to section 351.206(c)(2)(ii) of the Department's regulations, the Department will issue its preliminary finding with respect to critical circumstances within 30 days of Petitioner's allegation. Respondent Selection Section 777A(c)(1) of the Act directs the Department to calculate individual dumping margins for each known exporter and producer of the subject merchandise. In the Petition, Petitioners identified five potential producers and exporters of MCS in Japan: Nishiyama, BSI Corp., Sanko Shoji KK, Taiyo Shoko KK, and KK Shino Kanagu. On August 5, 2005, the Department sent a cable to the U.S. Embassy in Tokyo, Japan requesting information about the potential producers/exporters of MCS. *See* Memorandum to the File from Dara Iserson, “Metal Calendar Slides from Japan - Mini Quantity and Value Questionnaire Responses and Respondent Selection” (September 21, 2005) (placing the cable to the embassy on the record) ( *Mini Q&V Memorandum* ). The Embassy's August 9, 2005, reply confirmed that Nishiyama produced MCS and exported MCS to the United States. In addition, Sanko Shoji KK, Taiyo Shoko KK, and KK Shino Kanagu each informed the U.S. Embassy that they produce MCS and distribute them in the Japanese market, but do not directly export MCS to the United States. Finally, the U.S. Embassy stated that it was unable to obtain any information regarding BSI Corp. On August 18, 2005, the Department sent Nishiyama, BSI Corp., Sanko Shoji KK, Taiyo Shoko KK, and KK Shino Kanagu letters requesting information on the total quantity and value of MCS that each produced and/or exported to the United States during the POI. We also requested that, if the company did not produce the product, it provide the Department with the total quantity and value of subject merchandise that it exported to the United States during the POI. On August 26, 2005, we received a response from BSI Corp. certifying that it neither produced nor exported subject merchandise to the United States during the POI. On August 31, 2005, we received a response from Nishiyama certifying the amount of in-scope merchandise it produced in Japan and exported to the United States during the POI. On September 7, 2005, we received a response from Sanko Shoji KK, certifying that it has never made shipments of MCS to the United States and that it has only made sales in its home market. To date, the Department has not received a response from Taiyo Shoko KK or KK Shino Kanagu. Based on our analysis of the information collected by the U.S. Embassy and the information provided in responses to the letters requesting quantity and value information, we determined that Nishiyama was the only known exporter of metal calendar slides to the United States. *See Mini Q&V Memorandum* . Therefore, Nishiyama is the sole respondent in this investigation and the Department has calculated an individual dumping margin for the company. See section 777A(c)(2)(B) of the Act. *See Mini Q&V Memorandum* (providing the complete analysis of the respondent selection). Period of Investigation The POI is April 1, 2004 through March 31, 2005. This period corresponds to the four most recent fiscal quarters prior to the month of filing of the Petition ( *i.e.* , June 2005) involving imports from a market economy, and is in accordance with the Department's regulations. *See* 19 CFR 351.204(b)(1). Scope of Investigation For the purpose of this investigation, the product covered is MCS. The products covered in this investigation are “V” and/or “U” shaped MCS manufactured from cold-rolled steel sheets, whether or not left in black form, tin plated or finished as tin free steel (TFS), typically with a thickness from 0.19 mm to 0.23 mm, typically in lengths from 152 mm to 915 mm, typically in widths from 12 mm to 29 mm when the slide is lying flat and before the angle is pressed into the slide (although they are not typically shipped in this “flat” form), that are typically either primed to protect the outside of the slide against oxidization or coated with a colored enamel or lacquer for decorative purposes, whether or not stacked, and excluding paper and plastic slides. MCS are typically provided with either a plastic attached hanger or eyelet to hang and bind calendars, posters, maps or charts, or the hanger can be stamped from the metal body of the slide itself. These MCS are believed to be classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 7326.90.1000 (Other articles of iron and steel: Forged or stamped; but not further worked: Other: Of tinplate). This HTSUS number is provided for convenience and U.S. Customs and Border Protection purposes. The written description of the scope of this investigation is dispositive. Date of Sale Nishiyama reported invoice date as the date of sale for both the home and U.S. markets. Nishiyama maintains that it makes no contract sales in either market. As such, Nishiyama maintains that its invoice, issued at the time of shipment, is the first document that establishes the price and quantity of the sale. Nishiyama contends that although its home market and U.S. customers issue purchase orders, the terms of sale including the quantity and price may change at any point up to the time of shipment. Nishiyama submitted documentation for home market and U.S. sales for which the terms of sale shown on the invoices differed from the terms of sale on the purchase orders. Because the material terms of sale are established when the invoice is issued, and because of our presumption that invoice date is the date of sale, as stated in section 351.401(i) of the Department's regulations, we are using invoice date as the date of sale for all of Nishiyama's sales in both markets. Cost Reporting Period As noted above, on November 2, 2005, Nishiyama notified the Department that it intended to report its total cost of manufacturing and variable cost of manufacturing for its November 14, 2005 section B and C responses based on the company's FY rather than the POI. On November 28, 2005, the Department issued a cost period shift questionnaire. Based on our analysis of Nishiyama's December 12, 2005 response, we allowed the shift, because there were no significant cost differences between the two periods. See Letter to Nishiyama, Re: “Antidumping Investigation of Metal Calendar Slides from Japan” (December 27, 2005). Fair Value Comparisons To determine whether sales of MCS to the United States were made at LTFV, we compared export price
(EP)to normal value (NV), as described in the “U.S. Price” and “Normal Value” sections below. U.S. Price Section 772(a) of the Act defines EP as “the price at which the subject merchandise is first sold (or agreed to be sold) before the date of importation by the producer or exporter of subject merchandise outside of the United States to an unaffiliated purchaser in the United States or to an unaffiliated purchaser for exportation to the United States . . . ,” as adjusted under subsection (c). For purposes of this investigation, Nishiyama classified all of its U.S. sales as EP sales. Nishiyama has reported that it sold and shipped the subject merchandise directly to unaffiliated customers in the U.S. market and that it did not make any U.S. sales through an affiliated U.S. importer. Therefore, we preliminarily determine that Nishiyama's transactions were EP sales. We calculated the EP in accordance with section 772(a) of the Act. We based EP price on Nishiyama's Cost and Freight (C&F) price to its unaffiliated U.S. customers. We then made appropriate deductions for foreign inland freight, domestic brokerage, and international freight pursuant to section 772(c) of the Act. Normal Value A. Selection of Comparison Market Section 773(a)(1) of the Act directs the Department to calculate NV based on the price at which the foreign like product is first sold in the home market, provided that the merchandise is sold in sufficient quantities (or value, if quantity is inappropriate), and that there is no particular market situation that prevents a proper comparison with the EP. Under the statute, the Department will normally consider quantity (or value) insufficient if it is less than five percent of the aggregate quantity (or value) of sales of the subject merchandise to the United States. *See* Section 773(a)(1)(C) of the Act. We found that Nishiyama had a viable home market for MCS. As such, Nishiyama submitted its home market sales data for the calculation of NV. In deriving NV, we made adjustments as detailed in the “Calculation of Normal Value Based on Home Market Prices” section below. C. Cost of Production Analysis On December 2, 2005, Petitioner alleged that Nishiyama made sales in the home market at less than the cost of production (COP). Based on these allegations, and in accordance with section 773(b)(2)(A)(I) of the Act, we found reasonable grounds to believe or suspect that MCS sales were made in Japan at prices below the COP. *See* Memorandum from the Team to Barbara E. Tillman, “Petitioner's Allegation of Sales Below the Cost of Production for Nishiyama Kinzoku Co., Ltd. (Nishiyama)” (December 14, 2005). As a result, the Department is conducting an investigation to determine whether Nishiyama made home market sales of MCS at prices below COP during the POI within the meaning of section 773(b) of the Act. 1. Calculation of Cost of Production In accordance with section 773(b)(3) of the Act, we calculated a weighted-average COP based on the sum of the cost of materials and fabrication for the foreign like product, plus amounts for the home market selling, general, and administrative (SG&A) expenses, including interest expenses and packing expenses. We relied on the COP data submitted by Nishiyama in its cost questionnaire responses, except as noted below: • we revised Nishiyama's reported financial expense rate to include certain exchange losses; • we revised the reported cost of goods sold denominator used to calculate both the G&A and financial expense rates to account for the ending finished goods inventory, and to deduct certain selling expenses, and packing costs. For further details regarding these adjustments, see Memorandum from Ernest Gzyrian to the File, “Cost of Production and Constructed Value Calculation Adjustments for the Preliminary Determination - Nishiyama Kinzoku, Co., Ltd.” (January 25, 2005) ( *COP Memo* ). 2. Test of Home Market Sales Prices We compared the weighted-average COP for Nishiyama to its home market sales prices of the foreign like product, as required under section 773(b) of the Act, to determine whether these sales had been made at prices below the COP within an extended period of time ( *i.e.* , a period of one year) in substantial quantities, and whether such prices were sufficient to permit the recovery of all costs within a reasonable period of time. On a model-specific basis, we compared the COP to the home market prices, less any applicable movement charges, discounts, rebates, and direct and indirect selling expenses. 3. Results of the COP Test Pursuant to section 773(b)(2)(C) of the Act, where less than 20 percent of the respondent's sales of a given product during the POI are at prices less than the COP, we do not disregard any below-cost sales of that product, because we determine that in such instances the below-cost sales were not made in substantial quantities. Where 20 percent or more of the respondent's sales of a given product during the POI are at prices less than the COP, we determine that the below-cost sales represent substantial quantities within an extended period of time, in accordance with section 773(b)(1)(A) of the Act. In such cases, we also determine whether such sales were made at prices which would not permit recovery of all costs within a reasonable period of time, in accordance with section 773(b)(1)(B) of the Act. We found that more than 20 percent of Nishiyama's home market sales of a given product during the POI were at prices below the COP, and in addition, the below-cost sales of the product were at prices which would not permit recovery of all costs within a reasonable time period, in accordance with section 773(b)(2)(D) of the Act. We therefore excluded these sales and used the remaining sales, if any, as the basis for determining NV, in accordance with section 773(b)(1) of the Act. D. Calculation of Normal Value Based on Home Market Prices We calculated NV based on ex-works, “free on board,” or delivered prices to home market customers. We recalculated the starting price taking into account, where appropriate, billing adjustments and rebates in accordance with section 773(a)(6)(B)(iii) of the Act. In accordance with 19 CFR 351.401(c), we added other revenue ( *e.g.* , inland freight revenue), where applicable. Pursuant to section 773(a)(6)(B)(ii) of the Act, we made deductions from the starting price for inland freight, when appropriate. In accordance with sections 773(a)(6)(A) and
(B)of the Act, we added U.S. packing costs and deducted home market packing, respectively. In accordance with section 773(a)(6)(iii) of the Act and 19 CFR 351.410(c-d), we made circumstances of sale adjustments for direct selling expenses, bank charges, and credit expenses. We also made adjustments, in accordance with 19 CFR 351.410(e), for indirect selling expenses incurred on comparison market or U.S. sales where commissions were granted on sales in one market but not in the other, ( *i.e.* , commission offset). Specifically, where commissions were incurred in the U.S. market, but not in the home market, we limited the amount of the commission offset to the lesser of indirect selling expenses (including inventory carrying cost) incurred in the home market or the commissions paid in the U.S. market. F. Level of Trade In accordance with section 773(a)(1)(B)(I) of the Act, to the extent practicable, we determine NV based on sales in the home market at the same LOT as U.S. sales. *See* 19 CFR 351.412. The NV LOT is the level of the starting-price sale in the home market. For EP, the U.S. LOT is based on the starting price, which is usually from the exporter to the importer. To determine whether NV sales are at a different LOT than EP sales, we examine stages in the marketing process and selling functions along the chain of distribution between the producer and the unaffiliated customer in the home market. If the comparison-market sales are at a different LOT, and the difference affects price comparability, as manifested in a pattern of consistent price differences between the sales on which NV is based and comparison-market sales at the LOT of the export transaction, we make an LOT adjustment under section 773(a)(7)(A) of the Act. In the current investigation, Nishiyama claimed two levels of trade in the home market and a single separate level of trade in the U.S. market. In addition, Nishiyama requested an LOT adjustment. Nishiyama maintains that its HM “LOT 1” sales are made to large calendar manufacturers who provide estimates of projected MCS purchases for the entire year. Nishiyama maintains that these estimates eliminate the need for the extensive coordination between sales and production that is required on “order by order” sales and enables Nishiyama to produce MCS during the non-peak season. Nishiyama contends that the “LOT 2” sales are made to small calendar manufacturers that do not provide estimates to Nishiyama, rather, Nishiyama produces MCS for these customers on an “order by order” basis. Nishiyama maintains that there is a shorter production lead time for this type of customer. Nishiyama also maintains that it has to make significant additional efforts to coordinate sales and production due to the shorter delivery schedules, smaller orders, and level of customization. Nishiyama claims that the U.S. sales more closely correspond to “LOT 1” because the U.S. customers place orders with longer lead times and do not require significant time for coordination with the customer. In our original questionnaire and our supplemental questionnaire, we asked Nishiyama to provide a complete list of all the selling activities performed and services offered in the U.S. market and the home market for each claimed LOT. Pursuant to 19 CFR 351.412(c)(2), substantial differences in selling activities are a necessary condition for determining there is a difference in the stage of marketing. While Nishiyama claimed that there were some differences between these distribution channels, which it claimed constitute separate LOTs, we find that these differences are not differences in selling functions and do not create two LOTs. Information submitted by Nishiyama with respect to its claimed LOTs primarily focused on the differences in the lead times for the order, the size of the manufacturers making the orders, and the amount of coordination needed when dealing with large versus small manufacturers. Nishiyama did not submit any information on the specific selling activities and functions for each proposed LOT nor did it define the stages of marketing of each proposed LOT. Nishiyama has not demonstrated substantial differences in the selling activities in the U.S. market and home market. As such, Nishiyama has not adequately supported its claim that it has two LOTs in the home market and a different, separate LOT in the U.S. market, or that we should grant it an LOT adjustment. Currency Conversions We made currency conversions into U.S. dollars in accordance with section 773A of the Act based on exchange rates in effect on the dates of the U.S. sales, as obtained from the Federal Reserve Bank (the Department's preferred source for exchange rates). Verification In accordance with section 782(i) of the Act, we will verify the questionnaire responses of Nishiyama before making our final determination. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we are directing CBP to suspend liquidation of all entries of MCS from Japan that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the **Federal Register** . We are also instructing CBP to require a cash deposit or the posting of a bond equal to the weighted-average dumping margins as indicated in the chart below. These instructions suspending liquidation will remain in effect until further notice. The weighted-average dumping margins are as follows: Producer/Exporter Weighted-Average Margin (Percentage) Nishiyama Kinzoku Co., Ltd. 7.68% All Others 7.68% Disclosure In accordance with 19 CFR 351.224(b), the Department will disclose to interested parties, the calculations performed in this preliminary determination within five days of the date of the public announcement. Public Comment Interested parties are invited to comment on the preliminary determination. Interested parties may submit case briefs either 50 days after the date of publication of this notice or ten days after the issuance of the verification reports, whichever is later. *See* 19 CFR 351.309(c)(1)(I). Rebuttal briefs, the content of which is limited to the issues raised in the case briefs, must be filed within five days after the deadline for the submission of case briefs. *See* 19 CFR 351.309(d). A list of authorities used, a table of contents, and an executive summary of issues should accompany any briefs submitted to the Department. Executive summaries should be limited to five pages total, including footnotes. In accordance with section 774 of the Act, we will hold a public hearing, if requested, to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs. If a request for a hearing is made, we will tentatively hold the hearing two days after the deadline for submission of rebuttal briefs at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, at a time and in a room to be determined. Parties should confirm by telephone the date, time, and location of the hearing 48 hours before the scheduled date. Interested parties who wish to request a hearing, or to participate in a hearing if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, within 30 days of the date of publication of this notice. Requests should contain:
(1)The party's name, address, and telephone number;
(2)the number of participants; and
(3)a list of the issues to be discussed. At the hearing, oral presentations will be limited to issues raised in the briefs. *See* 19 CFR 351.310(c). Unless the Department receives a request for a postponement pursuant to section 735(a)(2) of the Act, the Department will make its final determination no later than 75 days after the date of this preliminary determination. *See* section 735(a)(1) of the Act. International Trade Commission Notification In accordance with section 733(f) of the Act, we have notified the ITC of the Department's preliminary affirmative determination. If the final determination in this proceeding is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of MCS from Japan are materially injuring, or threatening material injury to, the U.S. industry. *See* section 735(b)(2) of the Act. This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act. Dated: January 25, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-1348 Filed 1-31-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Tortugas Access Permits AGENCY: National Oceanic and Atmospheric Administration (NOAA), DOC. 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 April 3, 2006. 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 David Bizot, 301-713-7268 or *David.Bizot@noaa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract In order to gain access to the Tortugas ecological reserve, persons must obtain a permit. The permit holders must notify NOAA by radio no less than 30 minutes and no more than 6 hours before entering the reserve, and when leaving it. Permit actions may be appealed. The purpose of the access permit and notifications are to
(1)protect this unique deepwater coral reef and
(2)facilitate the enforcement of the no-take regulations in this remote area. The overall intended effect of this collection is to protect the deepwater coral reef community in this area from being degraded by human activities. II. Method of Collection Applications and notifications are made by phone. Appeals must be in writing. III. Data *OMB Number:* 0648-0418. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Businesses and other for-profit organizations; individuals or households; not-for-profit institutions; State, Local, or Tribal Government. *Estimated Number of Respondents:* 49. *Estimated Time Per Response:* 10 minutes for an application; 2 minutes for a radio call; and 90 minutes for an appeal. *Estimated Total Annual Burden Hours:* 12. *Estimated Total Annual Cost to Public:* $127. 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: January 26, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-1299 Filed 1-31-06; 8:45 am] BILLING CODE 3510-NK-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 012506B] Marine Fisheries Advisory Committee; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of open public meetings. SUMMARY: Notice is hereby given of meetings of the Marine Fisheries Advisory Committee (MAFAC). This will be the first of two meetings held in fiscal year 2006 to review and advise NOAA on management policies for living marine resources. Agenda topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. All sessions will be open to the public. DATES: The meetings will be held February 14-15, 2006, from 9 a.m. to 5 p.m. and February 16, 2006, from 9 a.m. to 12 p.m. ADDRESSES: The meetings will be held at the International Game Fish Association, 300 Gulf Stream Way, Dania Beach, FL 33004. Requests for special accommodations may be directed to MAFAC, Office of Constituent Services, National Marine Fisheries Service, 1315 East-West Highway #9508, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Laurel Bryant, MAFAC Executive Director; telephone:
(301)713-2379 x171. SUPPLEMENTARY INFORMATION: As required by section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. 2, notice is hereby given of meetings of MAFAC. MAFAC was established by the Secretary of Commerce (Secretary) on February 17, 1971, to advise the Secretary on all living marine resource matters that are the responsibility of the Department of Commerce. This committee advises and reviews the adequacy of living marine resource policies and programs to meet the needs of commercial and recreational fisheries, and environmental, state, consumer, academic, tribal, governmental and other national interests. Matters to be Considered February 14, 2006 The meeting will begin with remarks from Roy Crabtree, Southeast Regional Administrator for NMFS, and William T. Hogarth, Assistant Administrator for Fisheries. Next, the committee will receive an update on offshore aquaculture. There will also be a discussion of NMFS' role in seafood health and safety issues. The afternoon will include updates on international affairs and hurricane impacts and recovery in the Gulf of Mexico. February 15, 2006 In the morning, the committee will be given an update on the status of litigation and briefed on Magnuson-Stevens Fishery Conservation and Management Act reauthorization. There will also be a discussion of overfishing. In the afternoon, the committee will discuss recreational fishing issues. Discussions on recreational fishing and seafood health may continue in two separate breakout groups. February 16, 2006 The committee will reconvene to receive and discuss any breakout group reports. The rest of the morning will be devoted to administrative issues, such as the assignment of new members to subcommittees, determining the dates and locations of future meetings, and identifying follow-up assignments. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Laurel Bryant, MAFAC Executive Director; telephone:
(301)713-2379 x171. Dated: January 27, 2006. Gordon J. Helm, Acting Director, Office of Constituent Services, National Marine Fisheries Service. [FR Doc. E6-1336 Filed 1-31-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Department of the Army Notice of Intent To Grant Exclusive Patent License to the National Center for Composite Systems Technology AGENCY: Department of the Army, DoD. ACTION: Notice of intent. SUMMARY: In compliance with 37 CFR 404 *et seq.,* the Department of the Army hereby gives notice of its intent to grant to The National Center for Composite Systems Technology, a corporation having its principle place of business at 2000 Composite Drive, Kettering, OH 45420, an exclusive relative to U.S. Army Research Laboratory
(ARL)patent US 6,881,374 entitled, “Apparatus for Induction Lamination of Electrically Conductive Fiber-Reinforced Thermoplastic”; April 19, 2005, Gerhard *et al.* DATES: Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than 15 days from the date of this notice. ADDRESSES: Send written objections to Michael D. Rausa, U.S. Army Research Laboratory, Office of Research and Technology Applications, ATTN: AMSRD-ARL-DP-T/Bldg. 434, Aberdeen Proving Ground, MD 21005-5425. FOR FURTHER INFORMATION CONTACT: Michael D. Rausa, telephone
(410)278-5028. SUPPLEMENTARY INFORMATION: None. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 06-932 Filed 1-31-06; 8:45 am]
Connectionstraces to 20
13 references not yet in our index
  • 7 CFR 1.27(b)
  • Pub. L. 94-582
  • 90 Stat. 2867
  • 9 CFR 206
  • 5 CFR 1320.8(d)(1)(i)
  • 5 CFR 1320.8
  • Pub. L. 98-181
  • Pub. L. 93-383
  • Pub. L. 104-13
  • 291 F.3d 806
  • 19 CFR 351.304-306
  • 19 CFR 351
  • 37 CFR 404
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