Notices. Notice
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BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2006-0052] National Animal Identification System; Notice of Web Conference Training Sessions for Animal Identification Number Managers and Resellers AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice. SUMMARY: We are informing producers and other stakeholders who plan to participate in the distribution of animal identification number
(AIN)tags of the availability of additional training, via Web conferences, so that they can prepare to participate in this component of the National Animal Identification System
(NAIS)by becoming AIN managers or resellers. The Web conferences will provide more details about the administration of AIN tags, as well as provide a demonstration of the AIN Management System, the Web-based system for distributing and administering AINs in the NAIS. DATES: The Web conferences will be conducted on April 13, 2006, and April 26, 2006. Details regarding each event are provided in the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Mr. Neil Hammerschmidt, NAIS Coordinator, Surveillance and Identification Team, National Center for Animal Health Programs, VS, APHIS, 4700 River Road Unit 200, Riverdale, MD 20737-1231;
(301)734-5571. SUPPLEMENTARY INFORMATION: As part of ongoing efforts to safeguard animal health, the U.S. Department of Agriculture
(USDA)initiated implementation of the National Animal Identification System
(NAIS)in 2004. The NAIS is a cooperative State-Federal-industry program administered by USDA's Animal and Plant Health Inspection Service (APHIS). Its long-term goal is to track all animal movements, from birth to harvest, as part of USDA's National Animal Health Monitoring and Surveillance Program. In order to facilitate the implementation of the NAIS, on November 8, 2004, we published in the **Federal Register** (69 FR 64644-64651, Docket No. 04-052-1) an interim rule that, among other things, amended the regulations to recognize additional numbering systems for the identification of animals in interstate commerce and State/Federal/industry cooperative disease control and eradication programs and to redefine the numbering system used to identify premises where animals are managed or held. Specifically, the interim rule recognized the animal identification number
(AIN)as an official numbering system for the identification of individual animals, the group/lot identification number
(GIN)for the identification of groups or lots of animals within the same production system, and the seven-character premises identification number
(PIN)for the identification of premises in the NAIS. Use of the new numbering systems was not, however, required as a result of the interim rule. Finally, the interim rule amended the regulations to prohibit the removal of official identification devices and to eliminate potential regulatory obstacles to the recognition of emerging technologies that could offer viable alternatives to existing animal identification devices and methods. On March 3, 2006, we published a notice in the **Federal Register** (71 FR 10951-10952, Docket No. APHIS-2005-0117) in which we announced the availability of a document entitled “Administration of Official Identification Devices with the Animal Identification Number,” which expands upon certain aspects of the NAIS that were presented in the Draft Program Standards. The document describes how an AIN may be used in conjunction with official identification devices in the NAIS; provides performance and printing requirements for visual identification tags with AINs and an explanation of the process by which these AIN tags will be authorized for use in the NAIS; presents performance standards for radio frequency identification tags or devices that may be used on cattle or bison to supplement visual AIN tags; and describes the AIN Management System, a Web-based system for distributing and administering AINs in the NAIS, and discusses the roles and responsibilities of key participants in the system. The animal identification component utilizing the AIN in the voluntary phase of NAIS is now being implemented. Producers who elect to participate in the animal identification component using the AIN must first obtain a PIN. Under the AIN Management System, animal identification numbers are allocated to companies that manufacture official identification devices or technologies. Other individuals and organizations may perform roles that support the distribution of official identification devices to producers. The complete and accurate recording of the AINs distributed and assigned to each premises is imperative. The AIN Management System allows for many participants in various roles and provides the means to record AIN allocations to manufacturers and distribution to premises. The AIN Management System is now available to participants (pending authorization of AIN devices). In this notice, we are informing producers and other stakeholders who plan to participate in the distribution of AIN tags of the availability of additional training, via Web conferences, so that they can prepare to participate in this component of NAIS by becoming AIN managers or resellers. The Web conferences will provide more details about the administration of AIN tags, as well as provide a demonstration of the AIN Management System (the Web-based software application). Two training sessions have been scheduled for April 2006. The visual elements of the training will be presented on the Internet while the audio portion is provided over the telephone. Details for participation in each training session are as follows: • *Date/Time:* Thursday, April 13, 2006, at 1 p.m. eastern standard time. *Internet participation at: https://www.mymeetings.com/nc/join/.* *Web conference number:* PG7717522. *Phone (audio participation):* 1-888-566-0007. *Passcode for phone conference:* INDUSTRY2. To access an Internet replay of the event, go to: *https://www.mymeetings.com/nc/join.php?i=PG7717522&p=INDUSTRY2&t=r.* The replay of the April 13 event will be available for 30 days, ending May 13, 2006. • *Date/Time:* Wednesday, April 26, 2006, at 1 p.m. eastern standard time. *Internet participation at: https://www.mymeetings.com/nc/join/.* *Web conference number:* PG7717530. *Phone (audio participation):* 1-888-566-0007. *Passcode for phone conference:* INDUSTRY3. To access an Internet replay of the event, go to: *https://www.mymeetings.com/nc/join.php?i=PG7717530&p=INDUSTRY3&t=r.* The replay of the April 26 event will be available for 30 days, ending May 26, 2006. Done in Washington, DC, this 4th day of April 2006. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-5085 Filed 4-6-06; 8:45 am] BILLING CODE 3410-34-P ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Courthouse Access Advisory Committee; Meeting AGENCY: Architectural and Transportation Barriers Compliance Board. ACTION: Notice of meeting. SUMMARY: The Architectural and Transportation Barriers Compliance Board (Access Board) has established an advisory committee to advise the Board on issues related to the accessibility of courthouses covered by the Americans with Disabilities Act of 1990 and the Architectural Barriers Act of 1968. The Courthouse Access Advisory Committee (Committee) includes organizations with an interest in courthouse accessibility. This notice announces the date, times and location of the next Committee meeting, which will be open to the public. DATES: The meeting of the Committee is scheduled for May 18, 2006 (beginning at 9 a.m. and ending at 5 p.m.) and May 19, 2006 (beginning at 9 a.m. and ending at 3 p.m.). ADDRESSES: The meeting will be held at the Hyatt Regency Miami, 400 South East Second Avenue, Miami, FL. FOR FURTHER INFORMATION CONTACT: David Yanchulis, Office of Technical and Information Services, Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-1111. Telephone number
(202)272-0026 (Voice);
(202)272-0082 (TTY). E-mail *yanchulis@access-board.gov* . This document is available in alternate formats (cassette tape, Braille, large print, or computer disk). This document is also available on the Board's Internet site ( *http://www.access-board.gov/caac/meeting.htm* ). SUPPLEMENTARY INFORMATION: In 2004, as part of the outreach efforts on courthouse accessibility, the Access Board established a Federal advisory committee to advise the Access Board on issues related to the accessibility of courthouses, particularly courtrooms, including best practices, design solutions, promotion of accessible features, educational opportunities, and the gathering of information on existing barriers, practices, recommendations, and guidelines. On October 12, 2004, the Access Board published a notice appointing 31 members to the Courthouse Access Advisory Committee. 69 FR 60608 (October 12, 2004). Members of the Committee include designers and architects, disability groups, members of the judiciary, court administrators, representatives of the codes community and standard-setting entities, government agencies, and others with an interest in the issues to be explored. The Committee held its initial meeting on November 4 and 5, 2004. Members discussed the current requirements for accessibility, committee goals and objectives, and the establishment of subcommittees. The Committee established three subcommittees: Education, Courtrooms and Courthouses (areas unique to courthouses other than courtrooms). The Committee has held quarterly meetings in the following cities: Phoenix (February 2005), Washington, DC (May 2005), Chicago (August 2005), San Francisco (November 2005), and Washington, DC (February 2006). At each of these meetings, Committee members toured area courthouses and held full Committee and subcommittee sessions. At the next meeting in Miami, members will continue to address issues in meetings of the full Committee and of each of the subcommittees. Meeting minutes and other information about the Committee are available on the Access Board's Web site at *http://www.access-board.gov/caac/index.htm* . Committee meetings are open to the public and interested persons can attend the meetings and communicate their views. Members of the public will have an opportunity to address the Committee on issues of interest to them and the Committee during public comment periods scheduled on each day of the meeting. Members of groups or individuals who are not members of the Committee are invited to participate on the subcommittees. The Access Board believes that participation of this kind can be very valuable for the advisory committee process. The meeting will be held at a site accessible to individuals with disabilities. Real-time captioning will be provided. Individuals who require sign language interpreters should contact David Yanchulis by April 28, 2006. Persons attending Committee meetings are requested to refrain from using perfume, cologne, and other fragrances for the comfort of other participants. Notices of future meetings will be published in the **Federal Register** . Lawrence W. Roffee, Executive Director. [FR Doc. E6-5044 Filed 4-6-06; 8:45 am] BILLING CODE 8150-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions and Deletions AGENCY: Committee for Purchase from People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletions from Procurement List. SUMMARY: This action adds to the Procurement List a product and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List products and a service previously furnished by such agencies. DATES: *Effective Date:* May 7, 2006. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: Sheryl D. Kennerly, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *SKennerly@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On February 3, and February 10, 2006, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (71 FR 5809, and 7007) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the product and services and impact of the additions on the current or most recent contractors, the Committee has determined that the product and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and services to the Government. 2. The action will result in authorizing small entities to furnish the product and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and services proposed for addition to the Procurement List. End of Certification Accordingly, the following product and services are added to the Procurement List: Product *Product/NSN:* Grommet, Rotating Band. *NSN:* 8140-01-051-9953—6.95″ DIA, 2.585″ L. *NPA:* L.C. Industries For The Blind, Inc., Durham, North Carolina. *Contracting Activity:* U.S. Army Field Support Command, Rock Island, Illinois. Services *Service Type/Location:* Document Destruction, USDA, Animal and Plant Health Inspection Service, Food Safety Inspection Service, 100 North Sixth Street Butler Square West 5th Floor, Minneapolis, Minnesota. *NPA:* AccessAbility, Inc., Minneapolis, Minnesota. *Contracting Activity:* USDA, Animal & Plant Health Inspection Service, Minneapolis, MN. *Service Type/Location:* Food Service Attendant, Connecticut Air National Guard, Building 20, 206 Boston Post Road, Orange, Connecticut. *NPA:* CW Resources, Inc., New Britain, Connecticut. *Contracting Activity:* Connecticut Air National Guard, 103d Fighter Wing, East Granby, CT. Deletions On February 10, 2006, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (71 FR 7007) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the products and services listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the products and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and service deleted from the Procurement List. End of Certification Accordingly, the following products and service are deleted from the Procurement List: Products *Product/NSN:* Binder, Loose-leaf. *NSN:* 7510-00-965-2442—Binder, Loose-leaf. *NPA:* ForSight Vision, York, Pennsylvania. *Contracting Activity:* Office Supplies & Paper Products Acquisition Center, New York, NY. *Product/NSN:* Cross “Solo” Pen and Refill. *NSN:* 7520-01-424-4846—Cross “Solo” Pen and Refill. *NSN:* 7520-01-424-4881—Cross “Solo” Pen and Refill. *NSN:* 7520-01-424-4871—Cross “Solo” Pen and Refill. *NSN:* 7520-01-424-4860—Cross “Solo” Pen and Refill. *NSN:* 7520-01-424-4848—Cross “Solo” Pen and Refill. *NPA:* In-Sight, Warwick, Rhode Island. *Contracting Activity:* Office Supplies & Paper Products Acquisition Center, New York, NY. *Product/NSN:* Flu Detection Kit. *NSN:* 6550-00-NIB-0001—Flu Detection Kit. *NSN:* 6550-00-NIB-0002—Flu Detection Kit. *NPA:* San Antonio Lighthouse for the Blind, San Antonio, Texas. *Contracting Activity:* Office Supplies & Paper Products Acquisition Center, New York, NY. *Product/NSN:* Mailers, Audio Cassette. *NSN:* 8105-01-386-2189—Mailers, Audio Cassette. *NSN:* 8105-01-386-2181—Mailers, Audio Cassette. *NPA:* ForSight Vision, York, Pennsylvania. *Contracting Activity:* Office Supplies & Paper Products Acquisition Center, New York, NY. *Product/NSN:* Remanufactured Ink Jet Cartridge. *NSN:* 7510-01-443-2123—Remanufactured Ink Jet Cartridge (HP51626A). *NSN:* 7510-01-443-2122—Remanufactured Ink Jet Cartridge (HP51629A). *NPA:* Work Transition Services, San Bruno, California. *Contracting Activity:* Office Supplies & Paper Products Acquisition Center, New York, NY. *Product/NSN:* Sign Kit, Contaminate. *NSN:* 9905-01-363-0875—Sign Kit, Contaminate. *NSN:* 9905-01-363-0873—Sign Kit, Contaminate. *NSN:* 9905-01-363-0872—Sign Kit, Contaminate. *NSN:* 9905-01-363-0877—Sign Kit, Contaminate. *NSN:* 9905-01-363-0876—Sign Kit, Contaminate. *NPA:* Georgia Industries for the Blind, Bainbridge, Georgia. *Contracting Activity:* Department of the Navy. Service *Service Type/Location:* Custodial & Grounds Maintenance, Federal Building, U.S. Post Office and Courthouse, 600 East First Street, Rome, Georgia. *NPA:* Bobby Dodd Institute, Inc., Atlanta, Georgia. *Contracting Activity:* GSA, Property Management Center (4PMB), Atlanta, GA. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E6-5077 Filed 4-6-06; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions And Deletions AGENCY: Committee for Purchase from People Who Are Blind or Severely Disabled. ACTION: Proposed Additions to and Deletions from Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List a product and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete products previously furnished by such agencies. *Comments Must be Received on or Before:* May 7, 2006. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. *For Further Information or to Submit Comments Contact:* Sheryl D. Kennerly, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *SKennerly@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)
(2)and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice for each product or service will be required to procure the product and services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the product and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and services proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following product and services are proposed for addition to Procurement List for production by the nonprofit agencies listed: Product *Product/NSN:* Notebook Security Cable. *NSN:* 5340-01-384-2016—Notebook Security Cable. *NPA:* Alphapointe Association for the Blind, Kansas City, Missouri. *Contracting Activity:* GSA, Southwest Supply Center, Fort Worth, Texas. Services *Service Type/Location:* Base Supply Store, Hazmart & Self Help Operations, Building 4406, Fort Hood, Texas. *NPA:* San Antonio Lighthouse for the Blind, San Antonio, Texas. *Contracting Activity:* Army Contract Agency, Fort Hood, Texas. *Service Type/Location:* Custodial Services, Transportation Security Administration, Rafael Hernandez Airport, Ave. Ing. Alarcon Rodriquez Hanger #405, Aguadilla, Puerto Rico. *NPA:* The Corporate Source, Inc., New York, New York. *Contracting Activity:* GSA, Caribbean Property Management Center, Hato Rey, Puerto Rico. *Service Type/Location:* Custodial Services, U.S. Geological Survey, Columbia River Research Lab, 5501-A Cook-Underwood Road, Cook, Washington. *NPA:* Hood River Sheltered Workshop, Hood River, Oregon. *Contracting Activity:* U.S. Geological Survey, Sacramento, California. *Service Type/Location:* Grounds Maintenance, Internal Revenue Service, Fresno Campus, 5045 E. Butler Avenue, Fresno, California. *NPA:* Valley Service Connection, Inc., Stockton, California. *Contracting Activity:* U.S. Treasury, IRS, San Francisco, California. Deletions Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. If approved, the action may result in authorizing small entities to furnish the products to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products proposed for deletion from the Procurement List. End of Certification The following products are proposed for deletion from the Procurement List: Products *Product/NSN:* Brush, Plater's, Hand. *NSN:* 7920-00-267-1213—Brush, Platers, Hand. *NPA:* Industries for the Blind, Inc., Milwaukee, Wisconsin. *Contracting Activity:* GSA, Southwest Supply Center, Fort Worth, Texas. *Product/NSN:* Staff Section. *NSN:* 1015-00-699-0633—Staff Section. *NSN:* 1025-00-563-7232—Staff Section. *NSN:* 1010-00-225-4906—Staff Section. *NPA:* Montgomery County Chapter, NYSARC, Inc., Amsterdam, New York. *Contracting Activity:* Defense Supply Center Columbus, Columbus, Ohio. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E6-5078 Filed 4-6-06; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE International Trade Administration [A-549-502] Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary Results of Antidumping Duty Administrative Review SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand in response to a request by petitioners, Allied Tube & Conduit Corporation and Wheatland Tube Company. This review covers the period March 1, 2004 through February 28, 2005. We preliminarily determine that U.S. sales of subject merchandise have been made by Saha Thai Steel Pipe Company, Ltd. (Saha Thai) below normal value (NV). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection
(CBP)to assess antidumping duties based on the difference between the export price
(EP)and the NV. Interested parties are invited to comment on these preliminary results. *See* the “Preliminary Results of Review” section of this notice. EFFECTIVE DATE: April 7, 2006. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Myrna Lobo, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone:
(202)482-5255 or
(202)482-2371, respectively. SUPPLEMENTARY INFORMATION: Background On March 11, 1986, the Department published in the **Federal Register** an antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. *See Antidumping Duty Order: Circular Welded Carbon Steel Pipes and Tubes from Thailand* , 51 FR 8341 (March 11, 1986). On March 1, 2005, the Department published a notice of opportunity to request an administrative review of this order covering the period March 1, 2004 through February 28, 2005. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review* , 70 FR 9918 (March 1, 2005). A timely request for an administrative review of the antidumping order with respect to exports by Saha Thai during the POR was filed by the petitioners. The Department published a notice of initiation of this antidumping duty administrative review on April 22, 2005. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 70 FR 20862 (April 22, 2005). In its June 27, 2005 questionnaire response, Saha Thai included a request for revocation in-part pursuant to section 351.222(e)(1) of the Department's regulations. On July 19, 2005, petitioners filed comments arguing that the Department should not consider Saha Thai's revocation request because it was untimely. The Department determined that Saha Thai's request was untimely filed, and denied its request because the Department found no good cause to extend the deadline for revocation. *See* “Memorandum from Jacqueline Arrowsmith, International Compliance Analyst, Office 6, to Maria Mackay, Acting Director, AD/CVD Operations, Office 6: Certain Welded Carbon Steel Pipes and Tubes from Thailand: Untimely Request for Revocation,” dated September 13, 2005. In addition to the comments filed on July 19, 2005, petitioner also filed comments on August 24, 2005 and on January 19, 2006. Because the Department determined that it was not practicable to complete this review within the statutory time limits, the Department extended the deadline for the preliminary results of this antidumping duty administrative review until March 31, 2006. *See Circular Welded Carbon Steel Pipes & Tubes from Thailand: Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review* 70 FR 70785 (November 23, 2005). Scope of the Order The products covered by this antidumping order are certain welded carbon steel pipes and tubes from Thailand. The subject merchandise has an outside diameter of 0.375 inches or more, but not exceeding 16 inches. These products, which are commonly referred to in the industry as “standard pipe” or “structural tubing,” are hereinafter designated as “pipes and tubes.” The merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTSUS subheadings are provided for convenience and purposes of U.S. Customs and Border Protection (CBP), our written description of the scope of the order is dispositive. Analysis Date of Sale Saha Thai reported contract date as the date of sale for U.S. sales. Invoice date is the Department's presumptive date for date of sale ( *see* section 351.401(i) of the Department's regulations). For purposes of this review, however, we examined whether invoice date or some other date better represents the date on which the material terms of sale were established. The Department examined sales documentation including contracts and invoices, provided by Saha Thai for its U.S. sales, and found that the material terms of sale are set at the contract date. Specifically, any changes in quantity were within the specified contract tolerances and as such were not material. As such, we preliminarily determine that contract date is the appropriate date of sale for U.S. sales in this administrative review because it better represents the date upon which the material terms of sale were established. This is consistent with the last two completed administrative reviews of this proceeding. We made this determination in the 1999-2000 administrative review. *See Certain Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review* 66 FR 53388 (October 22, 2001); *see also Certain Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review* 69 FR 61649 (October 20, 2004) ( *2002-2003 AR Final Results* ). In the home market, the invoice is the first written document that establishes the material terms of sale. Therefore, we are using the invoice date as the date of sale for home market sales. Export Price In accordance with section 772(a) of the Tariff Act of 1930, as amended (the Act), export price
(EP)is the price at which the first sale of the subject merchandise is sold (or agreed to be sold) by the producer or exporter of subject merchandise outside of the United States market prior to the date of importation. We classified all of Saha Thai's sales to its U.S. customers as EP sales because, as in previous segments of the proceeding, we found that Saha Thai is not affiliated with its distributors, which are the first purchasers in the United States. *See* , *e.g.* , *2002-2003 AR Final Results* . In accordance with section 772(c)(2) of the Act, we made deductions from the gross unit price for foreign inland freight, foreign brokerage and handling, foreign inland insurance, bill of lading charges, international freight, lighterage charges, U.S. brokerage and handling charges, and U.S. duty. Section 772(c)(1)(B) of the Act states that the EP should be increased by the amount of any import duties “imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the subject merchandise to the United States.” Saha Thai claimed an adjustment to EP for the amount of duties exempted on its imports of hot rolled steel coil into a bonded warehouse. In determining whether an adjustment should be made to EP for this exemption, we look for a reasonable link between the duties imposed and those rebated or exempted. We do not require that the imported input be traced directly from importation through exportation. We do require, however, that the company meet our “two-pronged” test in order for this addition to be made to EP. The first element is that the import duty and rebate or exemption be directly linked to, and dependent on, one another; and the second element is that the company must demonstrate that there were sufficient imports of the imported material to account for the duty drawback paid for the export of the manufactured product. *See Wheatland Tube Company v. United States* , Slip Op. 06-8 at 33 (CIT January 17, 2006); *see also Allied Tube & Conduit Corp. v. United States* , 374 F. Supp. 2d at 1261 (CIT 2005); *Rajinder Pipes Ltd. v. United States* , 70 F. Supp. 2d 1350, 1358 (CIT 1999). Saha Thai has met our “two-pronged” test to make this addition to EP. However, we are making a downward adjustment to the amount of this addition to reflect Saha Thai's own actual yield loss adjustment rate as we did in the last completed administrative review. *See 2002-2003 AR Preliminary Results* at 18540. For additional information, *see* the “Memorandum from Arrowsmith/Lobo, Case Analysts, through Dana Mermelstein, Program Manager; Analysis of Saha Thai Steel Pipe Company, Ltd. for the Preliminary Results,” (“Preliminary Analysis Memorandum”) dated March 31, 2006. Calculation of Normal Value *Home Market Viability:* In accordance with sections 773(a)(1)(B) and
(C)of the Act, to determine whether there was sufficient volume of sales in the home market and/or in third country markets to serve as a viable basis for calculating normal value (NV), we compared Saha Thai's volume of home market sales of foreign like product to the volume of U.S. sales of subject merchandise. Pursuant to sections 773(a)(1)(B) and
(C)of the Act and section 351.404(b) of the Department's regulations, because the volume of Saha Thai's home market sales of foreign like product was greater than five percent of the volume of U.S. sales of the subject merchandise, we determine the home market to be viable. *Affiliated-Party Transactions and Arm's-Length Test:* The Department's practice with respect to the use of home market sales to affiliated parties for NV is to determine whether such sales are at arm's-length prices. *See* 19 CFR 351.403(c). Saha Thai made sales in the home market to affiliated and unaffiliated customers. To test whether the sales to affiliates were made at arm's-length prices, we compared the starting prices of sales to affiliated and unaffiliated customers net of all movement charges, direct selling expenses, discounts, and packing. Where the price to the affiliated party was, on average, within a range of 98 to 102 percent of the price of the same or comparable merchandise to the unaffiliated parties, we determined that the sales made to the affiliated party were at arm's length. *See Antidumping Proceedings: Affiliated Party Sales in the Ordinary Course of Trade* , 67 FR 69186 (November 15, 2002). In accordance with the Department's practice, in our margin analysis, we only included those sales to affiliated parties that were made at arm's length. We did not include in our analysis sales made to affiliated parties when they failed the arm's length test. Where the affiliated party transactions did not pass the arm's-length test, these sales have been excluded from the NV calculation and we instructed Saha Thai to report, for each reseller, the first sale to an unaffiliated customer. *COP Analysis:* In accordance with section 773(b)(2)(A)(ii) of the Act, there were reasonable grounds to suspect that Saha Thai had made home market sales at prices below its cost of production
(COP)in this review because the Department disregarded Saha Thai sales that failed the cost test in the 2002-2003 administrative review (the most recently completed administrative review at the time we issued our antidumping duty questionnaire in the instant review). *See 2002-2003 AR Preliminary Results* and *2002-2003 AR Final Results* . In accordance with section 773(b)(3) of the Act, we calculated COP based on the sum of Saha Thai's cost of materials and fabrication for the foreign like product, plus amounts for general and administrative expenses, and interest expenses. We relied on the COP information as reported by Saha Thai in the December 9, 2005 supplemental Section D questionnaire response. *Cost Test:* In accordance with section 773(b) of the Act, we compared the COP to the home market sales price (less any applicable movement charges and discounts) of the foreign like product on a product-specific basis in order to determine whether home market sales had been made at prices below COP. In determining whether to disregard sales below the COP, and in accordance with section 773(b)(1) of the Act, we examined whether
(1)such sales were made within an extended period of time in substantial quantities and
(2)were not at prices which permitted the recovery of all costs within a reasonable period of time in the normal course of trade. In accordance with section 773(b)(2)(C) of the Act, when less than 20 percent of the respondent's sales of a given product were at prices less than the COP, we did not disregard any below-cost sales of that product because we determined that the below-cost sales of that product were not made in “substantial quantities.” When 20 percent or more of the respondent's sales of a given product during the period of review were at prices less than the COP, in accordance with sections 773(b)(2)(B) and
(C)of the Act, we determined such sales to have been made in substantial quantities within an extended period of time. In such cases, based on weighted average costs in the cost reference period, we determined that these 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)(2)(D) of the Act. Based on this test, we disregarded sales below cost. *Constructed Value:* In accordance with section 773(a)(4) of the Act, we used constructed value
(CV)as the basis for NV when there were no contemporaneous sales of identical or similar merchandise in the comparison market that passed the cost test and for a very small quantity of U.S. sales of a particular type of subject merchandise, where there were no appropriate identical or similar matches. We calculated CV in accordance with section 773(e) of the Act, based on the sum of Saha Thai's cost of materials, fabrication, selling, general and administrative expenses (SG&A), profit, and packing. In accordance with section 773(e)(2)(A) of the Act, we based SG&A and profit on the actual amounts incurred and realized by Saha Thai in connection with the production and sale of the foreign like product in the ordinary course of trade, for consumption in the foreign country. For selling expenses, we used the average of the selling expenses reported for home market sales that passed the cost test, weighted by the total quantity of those sales. For profit, we first calculated the difference between the home market sales value and its corresponding COP, and divided the difference by this COP. We then multiplied this percentage by the COP for the respective U.S. model to derive a profit amount. *Home Market Price:* To calculate Saha Thai's home market net price, we deducted billing adjustments, discounts, home market credit expenses, warehousing, and inland freight, where appropriate. In addition, pursuant to section 773(a)(6) of the Act, we deducted home market packing costs and added U.S. packing costs, U.S. credit expenses, and U.S. bank charges. Level of Trade Pursuant to section 773(a)(1)(B)(i) of the Act and the Statement of Administrative Action, to the extent practicable, we determine NV based on sales in the comparison market at the same level of trade
(LOT)as the EP. The NV LOT is that of the starting-price sale in the comparison market or, when NV is based on CV, that of the sales from which we derive selling, general and administrative expenses and profit. For EP, the U.S. LOT is the level of the starting-price sale, which is usually from exporter to 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 unaffiliated customer. If the comparison market sales are at a different LOT, and the difference affects the price comparability, as manifested in a pattern of consistent price differences between sales at different levels of trade in the country in which NV is determined, we make an LOT adjustment under section 773(a)(7)(A) of the Act. *See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from South Africa* , 62 FR 61731 (November 19, 1997). For the U.S. market, Saha Thai reported only one LOT for its EP sales. For its home market sales, Saha Thai reported that its sales to unaffiliated customers were at the same level of trade as its U.S. sales. However, Saha Thai reported that, if the Department used the downstream sales of its affiliated resellers for the preliminary results, these sales were made at a distinct level of trade, and Saha Thai's home market would consist of two levels of trade. While Saha Thai provided some information on the differences between its own selling functions and those of its affiliated resellers, Saha Thai did not provide sufficient information to justify the Department determining that there were two levels of trade in the home market. For these preliminary results the Department is treating all home market sales as being at a single level of trade, which is the same level of trade as the U.S. sales. However, the Department intends to request further information from Saha Thai to allow it to demonstrate that there are two distinct levels of trade in the home market. *See* “Preliminary Analysis Memorandum.” Currency Conversion We made currency conversions pursuant to section 351.415 of the Department's regulations based on rates certified by the Federal Reserve. Preliminary Results of Review Manufacturer/Exporter Margin (percent) Saha Thai Steel Pipe Company, Ltd. 2.95 Duty Assessment The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Pursuant to section 351.212(b) of the Department's regulations, the Department calculates an assessment rate for each importer of the subject merchandise for each respondent. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003 (68 FR 23954). This clarification will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for any intermediate company involved in the transaction. For a full discussion of this clarification, *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 239254 (May 6, 2003). Cash Deposit Requirements The following cash deposit rates will be effective with respect to all shipments of Saha Thai from Thailand entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided for by section 751(a)(1) of the Act:
(1)for Saha Thai, the cash deposit rate will be the rate established in the final results of this review;
(2)for previously reviewed or investigated companies not listed above, the cash deposit rate will rate will be the company-specific rate established for the most recent period;
(3)if the exporter is not a firm covered in this review, a prior review, or the LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and
(4)if neither the exporter nor the manufacturer is a firm covered by this review, a prior review, or the LTFV investigation, the cash deposit rate shall be the “all other” rate established in the LTFV investigation, which is 15.67 percent. These deposit rates, when imposed, shall remain in effect until publication of the final results of the next administrative review. Public Comment Pursuant to section 351.224(b) of the Department's regulations, the Department will disclose to parties to the proceeding any calculations performed in connection with these preliminary results within five days after the date of publication of this notice. Pursuant to section 351.309 of the Department's regulations, interested parties may submit written comments in response to these preliminary results. Unless extended by the Department, case briefs are to be submitted within 30 days after the date of publication of this notice, and rebuttal briefs, limited to arguments raised in case briefs, are to be submitted no later than five days after the time limit for filing case briefs. Parties who submit arguments in this proceeding are requested to submit with the argument:
(1)statement of the issues, and
(2)a brief summary of the argument. Case and rebuttal briefs must be served on interested parties in accordance with section 351.303(f) of the Department's regulations. Also, pursuant to section 351.310(c) of the Department's regulations, within 30 days of the date of publication of this notice, interested parties may request a public hearing on arguments raised in the case and rebuttal briefs. Unless the Secretary specifies otherwise, the hearing, if requested, will be held two days after the date for submission of rebuttal briefs. Parties will be notified of the time and location. The Department will publish the final results of this administrative review, including the results of its analysis of issues raised in any case or rebuttal brief, no later than 120 days after publication of the preliminary results, unless extended. *See* section 351.213(h) of the Department's regulations. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under section 351.402(f) of the Department's regulations to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 31, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-5118 Filed 4-6-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-552-802, A-570-893] Notice of Initiation of Administrative Reviews of the Antidumping Duty Orders on Frozen Warmwater Shrimp from the Socialist Republic of Vietnam and the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“Department”) received timely requests to conduct administrative reviews of the antidumping duty orders on certain frozen warmwater shrimp (“shrimp”) from the Socialist Republic of Vietnam (“Vietnam”) and the People's Republic of China (“PRC”). The anniversary month of these orders is February. In accordance with the Department's regulations, we are initiating these administrative reviews. EFFECTIVE DATE: April 7, 2006. FOR FURTHER INFORMATION CONTACT: Alex Villanueva (Vietnam) or Christopher Riker (PRC), AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone:
(202)482-3208 or
(202)482-3441, respectively. SUPPLEMENTARY INFORMATION: Background The Department received timely requests from Petitioners 1 and certain individual companies, in accordance with 19 CFR 351.213(b), during the anniversary month of February, for administrative reviews of the antidumping duty orders on shrimp from Vietnam and the PRC covering 164 companies for the PRC and 84 companies for Vietnam. Subsequently, Petitioners withdrew one request for review for the PRC. *See* Petitioners' letter dated March 1, 2006. On March 16, 2006, the Department issued a memorandum detailing Department officials' communications with Petitioners' counsel regarding concerns about the names and addresses of certain companies included in Petitioners' request for administrative reviews. *See Memorandum to the File, from Irene Darzenta Tzafolias, Acting Director, AD/CVD Operations, Office 2, Re: Conversation with Petitioners' Counsel Concerning Petitioners' Requests for Administrative Reviews* , dated March 16, 2006. On March 21, 2006, the Petitioners submitted a letter addressing the items outlined in the Department's memorandum of March 16, 2006. The Department is now initiating administrative reviews of the orders covering the 84 companies for Vietnam and the remaining 163 companies for the PRC. 1 Ad Hoc Shrimp Trade Action Committee (“Petitioners”). Initiation of Reviews In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (“the Act”), we are initiating administrative reviews of the antidumping duty orders on shrimp from Vietnam and the PRC. We intend to issue the final results of these reviews no later than February 28, 2007. Antidumping Duty Proceeding Period To Be Reviewed Vietnam 2 : 07/16/2004-01/31/2006 AAAS Logistics Agrimex Amanda Foods (Vietnam) Ltd.* American Container Line Angiang Agricultural Technology Service Company An Giang Fisheries Import and Export Joint Stock Company (Agifish) Aquatic Products Trading Company* Bac Lieu Fisheries Company Limited* Bentre Frozen Aquaproduct Exports Bentre Aquaproduct Imports & Exports Cai Doi Vam Seafood Import-Export Company (Cadovimex)* Camau Frozen Seafood Processing Import Export Corporation (Camimex)* Cam Ranh Seafoods Processing Enterprise Company (Camranh Seafoods)* Cantho Animal Fisheries Product Processing Export Enterprise (Cafatex)* Can Tho Agricultural Products Can Tho Agricultural and Animal Products Import Export Company (Cataco)* Can Tho Seafood Exports Cautre Enterprises Coastal Fishery Development Coastal Fisheries Development Corporation (Cofidec)* C P Vietnam Livestock Co. Ltd.* C P Livestock Cuu Long Seaproducts Limited (Cuulong Seapro)* Danang Seaproducts Import Export Corporation (Seaprodex Danang)* Dong Phuc Huynh Frozen Seafoods Fty General Imports & Exports Grobest & I Mei Industry Vietnam Hacota Hai Viet Hai Thuan Export Seaproducts Processing Co. Ltd. Hanoi Sea Products Import Export Corporation* Hoa Nam Marine Agricultural Hatrang Frozen Seaproduct Fty Investment Commerce Fisheries Corporation (Incomfish)* Kien Giang Sea Products Import - Export Company (Kisimex)* Kim Anh Co. Ltd. Khanh Loi Trading Lamson Import-Export Foodstuffs Corporation Minh Hai Export Frozen Seafood Processing Joint Stock Company Minh Hai Export Frozen Seafoods Processing Joint Stock Company (Minh Hai Jostoco)* Minh Hai Joint Stock Seafoods Processing Company (Seaprodex Minh Hai)* Minh Hai Sea Products Import Export Company (Seaprimiex Co)* Minh Phat Seafood 3 * Minh Phu Seafood Corporation 4 * Minh Qui Seafood 5 * Ngoc Sinh Seafoods* Nha Trang Company Limited Nha Trang Fisheries Joint Stock Company (Nhtrang Fisco)* Nha Trang Fisheries Co. Ltd. Nha Trang Seaproduct Company (Nhatrang Seafoods)* Pataya Food Industry (Vietnam) Ltd.* Phu Cuong Seafood Processing and Import Export Company Ltd.* Phuong Nam Co. Ltd.* Phuong Nam Seafood Co. Ltd. Saigon Orchide Sao Ta Foods Joint Stock Compay (Fimex VN)* Seafood Processing Imports Exports Vietnam Seaprodex Sea Product Sea Products Imports & Exports Song Huong ASC Import-Export Company Ltd.* Song Huong ASC Joint Stock Company Soc Trang Aquatic Products and General Import Export Company (Stampimex)* Soc Trang Aquatic Products and General Import Export Company (Stampimex) 6 * Sonacos Special Aquatic Products Joing Stock Company (Seaspimex) 7 Tacvan Frozen Seafoods Processing Export Company Thami Shipping & AirfreightThanh Long Thanh Long Thien Ma Seafood Tho Quang Seafood Processing & Export Company Thuan Phuoc Seafoods and Trading Corporation* Tourism Material and Equipment Company (Matourimex Hochiminh City Branch) Truc An Company UTXI Aquatic Products Processing Company* Viet Foods Co. Ltd.* Viet Hai Seafoods Company Ltd. (Vietnam Fish One)* Vietnam Northern Viking Technologie Co. Ltd. Viet Nhan Company* Vilfood Co Vinh Loi Import Export Company (Vimexco)* Vita V N Seafoods PRC 8 : 07/16/2004-01/31/2006 Allied Pacific Food 9 * Allied Pacific (H.K.) Co. Ltd. 10 * Allied Pacific Aquatic Products (Zhongshan) Co., Ltd. 11 * Allied Pacific Aquatic Products (Zhangjiang) Co., Ltd. 12 * Allied Pacific Food (Dalian) Co. Ltd. 13 * Ammon International Asian Seafoods (Zhanjiang) Co., Ltd * Aquatic Foodstuffs FTY Baofa Aquatic Products Co., Ltd Beihai Zhengwu Industry Co., Ltd* Chaoyang Qiaofeng Group Co., Ltd. (Shantou Qiaofeng (Group) Co., Ltd.) (Shantou/ Chaoyang Qiaofeng)* Chengai Nichi Lan Foods Co., Ltd.* Citic Heavy Machinery Dafu Foods Industry Dalian Ftz Sea-Rich International Trading Co., Ltd.* Dalian Shanhai Seafood Dalian Shan Li Food Dhin Foong Trdg Dongri Aquatic Products Freezing Plants* Dongri Aquatic Products Freezing Plants Shengping Dongshan Xinhefa Food Evergreen Aquatic Product Science and Technology Formosa Plastics Fuchang Aquatic Products Fuchang Trdg Fuqing City Dongyi Trdg Fuqing Chaohui Aquatic Food Co. Ltd. Fuqing Chaohui Aquatic Food Trdg. Fuqing Dongwei Aquatic Products Industry Co., Ltd.* Fuqing Dongyi Trdg Fuqing Fuchang Trdg Fuqing Longwei Aquatic Foodstuff Fuqing Xuhu Aquatic Food Trdg Fuqing Yihua Aquatic Products Co., Ltd. 14 * Gallant Ocean International Gallant Ocean (Liangjiang) Co., Ltd.* Gallant Seafoods Gaomi Shenyuan Foodstuff Go Harvest Aquatic Products Guangxi Lian Chi Home Appliance Co Guangzhou Lingshan Aquatic Products Guolian Aquatic Products Hai Li Aquatic Co., Ltd. Zhao An, Fujian Hainan Fruit Vegetable Food Allocation Co., Ltd.* Hainan Golden Spring Foods Co., Ltd/ Hainan Brich Aquatic Products Co., Ltd.* Hainan Jiadexin Aquatic Products Co., Ltd Hainan Jiadexin Foodstuff I T Logistics Jinfu Trading Co., Ltd.* Jinhang Aquatic Industry Juxian Zhonglu Foodstuffs Kaifeng Ocean Sky Industry Co., Ltd.* King Royal Investments, Ltd. 15 * Laiyang Hengrun Foodstuff Laiyang Luhua Foodstuffs Leizhou Zhulian Frozen Food Co., Ltd.* Logistics Harbour Dock Longsheng Aquatic Product Longwei Aquatic Foodstuff Luk Ka Paper Industry Marnex Master International Logistics Meizhou Aquatic Products Meizhou Aquatic Meizhou Aquatic Products Quick-Frozen Industry Co., Ltd. Nichi Lan Food Co. Ltd. Chen Hai North Supreme Seafood (Zhejiang) Co., Ltd. Ocean Freezing Industry & Trade General Perfection Logistics Service Phoenix Seafood Pingyang Xinye Aquatic Products Co., Ltd.* Polypro Plastics Power Dekor Group Co., Ltd. P & T International Trading Putuo Fahua Aquatic Products Co., Ltd. Qingdao Dayang Jian Foodstuffs Qinhuangdao Jiangxin Aquatic Food Red Garden Food Red Garden Foodstuff Round The Ocean Logistics Rongcheng Tongda Aquatic Food Ruian Huasheng Aquatic Products Savvy Seafood Inc.* Second Aquatic Foodstuffs Fty Sealord North America Seatrade International Second Aquatic Food Shandong Chengshun Farm Produce Trd Shandong Sanfod Group Shanghai Linghai Fisheries Economic and Trading Co. Shantou Longsheng Aquatic Product Shanghai Taoen International Trading Co., Ltd.* Shantou City Qiaofeng Group Shantou Freezing Aquatic Product Food Stuffs Co.* Shantou Jinhang Aquatic Industry Co., Ltd.* Shantou Jinyuan District Mingfeng Quick-Frozen Factory* Shantou Junyuan Pingyuan Foreign Trading Shantou Long Feng Foodstuffs Co., Ltd. (Shantou Longfeng Foodstuffs Co., Ltd.)* Shantou Ocean Freezing Industry and Trade General Corporation Shantou Red Garden Foodstuff 16 * Shantou Red Garden Food Processing Co 17 * Shantou Ruiyuan Industry Co., Ltd.* Shantou Sez Xuhoa Fastness Freeze Aquatic Factory Co. Shantou Shengping Oceanstar Business Co., Ltd.* Shantou Wanya Food Factory Co., Ltd.* Shantou Yelin Frozen Seafood Co. Ltd. 18 * Shantou Yuexing Enterprise Company* Silvertie Holding South Bay Intl Spectrum Plastics Taizhou Lingyang Aquatic Products Co., Ltd Taizhou Zhonghuan Industrial Co., Ltd. The Second Aquatic Food Tianhe Hardware & Rigging Weifang Taihua Food Weifang Yongqiang Food Ind Wenling Xingdi Aquatic Products Xiamen Sungiven Imports & Exports Xuwen Hailang Breeding Co., Ltd.* Yangjiang City Yelin Hoitat Quick Frozen Seafood Co., Ltd. 19 * Yantai Guangyuan Foods Co Yantai Wei-Cheng Food Co., Ltd.* Yantai Xinlai Trade Yantai Xuehai Foodstuffs Yelin Enterprise Co., Ltd. Hong Kong 20 * Yelin Frozen Seafood Co. 21 * Zhangjiang Bobogo Ocean Co., Ltd.* Zhangjiang Newpro Food Co., Ltd.* Zhanjiang Allied Pacific Aquaculture Co., Ltd. 22 * Zhanjiang CNF Sea Products Engineering Ltd Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd.* Zhanjiang Fuchang Aquatic Products Zhanjiang Go-Harvest Aquatic Products Co., Ltd.* Zhanjiang Jebshin Seafood Limited Zhanjiang Regal Integrated Marine Resources Co. Ltd. Zhanjiang Runhai Foods Co., Ltd.* Zhanjiang Shunda Aquatic Products Zhanjiang Universal Seafood Corp* Zhejiang Cereals, Oils & Foodstuff Import & Export Co., Ltd.* Zhejiang Daishan Baofa Aquatic Products Co., Ltd. Zhejiang Evernew Seafood Co., Ltd. Zhejiang Taizhou Lingyang Aquatic Products Co. Zhejiang Xintianjiu Sea Products Co., Ltd. Zhejiang Xingyang Import & Export Zhejiang Zhenlong Foodstuffs Co., Ltd. Zhejiang Zhongda Zhenjaing Evergreen Aquatic Products Science & Technology Co., Ltd. Zhoushan Cereals, Oils, and Foodstuffs Import and Export Co., Ltd.* Zhoushan Diciyuan Aquatic Products* Zhoushan Guangzhou Aquatic Products Co., Ltd Zhoushan Guotai Aquatic Products Co., Ltd. Zhoushan Haichang Food Co. Zhoushan Huading Seafood Co., Ltd.* Zhoushan Industrial Co., Ltd. Zhoushan International Trade Co., Ltd Zhoushan Lizhou Fishery Co., Ltd.* Zhoushan Jingzhou Aquatic Products Co., Ltd. Zhoushan Putuo Huafa Sea Products Co., Ltd. Zhoushan Provisions & Oil Food Export and Import Co., Ltd. Zhoushan Xifeng Aquatic Co., Ltd.* Zhoushan Xi'an Aquatic Products Co., Ltd. Zhoushan Zhenyang Developing Co., Ltd. ZJ CNF Sea Products Engineering Ltd. 2 If one of the below named companies does not qualify for a separate rate, all other exporters of shrimp from Vietnam that have not qualified for a separate rate are deemed to be covered by this review as part of the single Vietnam entity of which the named exporter is a part. 3 In the less than fair value investigation, the Department treated Minh Phat Seafood, Minh Phu Seafood Corporation and Minh Qui Seafood as one combined entity. 4 *See* Footnote 3. 5 See Footnote 3. 6 Petitioners requested that the Department conduct an administrative review of this company, but provided two different addresses for the same company. Therefore, we have listed them twice as it is possible that they are two distinct companies. If, however, they are separate companies, then one of the two did not in fact receive a separate rate in the investigation. 7 The Department believes the correct company name is Special Aquatic Products Joint Stock Company (Seaspimex), but we are using the name directly from Petitioners' February 28, 2006, request for reviews. 8 If one of the above named companies does not qualify for a separate rate, all other exporters of shrimp from the PRC that 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 exporter is a part. 9 In the original investigation, the Department found that the following companies comprised a single entity, the Allied Pacific Group: Allied Pacific Food (Dalian) Co., Ltd., Allied Pacific
(HK)Co., Ltd., King Royal Investments, Ltd., Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd., and Allied Pacific Aquatic Products (Zhongshan) Co., Ltd. On February 28, 2006 Allied Pacific Food (Dalian) Co., Ltd., Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd., Zhanjiang Allied Pacific Aquaculture Co., Ltd., Allied Pacific
(HK)Co., Ltd., and King Royal Investments, Ltd., submitted a request for review, referring to themselves collectively as Allied Pacific Group. 10 *See* footnote 9. 11 *See* footnote 9. 12 *See* footnote 9. 13 *See* footnote 9. 14 In the original investigation, the Department found that the following companies comprised a single entity: Yelin Enterprise Co. Hong Kong, Yangjiang City Yelin Hoitat Quick Frozen Seafood Co., Ltd., Fuqing Yihua Aquatic Products Co., Ltd., and Yelin Frozen Seafood Co. On February 28, 2006, Yelin Enterprise Co. Hong Kong, Shantou Yelin Frozen Seafood Co., Ltd., Yangjiang City Yelin Hoitat Quick Frozen Seafood Co., Ltd., and Fuqing Yihua Aquatic Products Co., Ltd. submitted a request for review referring to themselves collectively as Yelin. 15 *See* footnote 9. 16 This company has the same address listed as Red Garden Foodstuff above. However, if they are separate companies, then one of the two did not in fact receive a separate rate in the investigation. 17 This company has the same address listed as Red Garden Food above. However, if they are separate companies, then one of the two did not in fact receive a separate rate in the investigation. 18 *See* footnote 14. 19 *See* footnote 14. 20 *See* footnote 14. 21 *See* footnote 14. 22 The Department is placing an asterisk by this company's name because it was requested as part of the Allied Pacific Group. *See* Footnote 9. * These companies received a separate rate in the prior segment (the less-than-fair-value investigation) of this proceeding. Selection of Respondents 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. Where it is not practicable to examine all known producers/exporters of subject merchandise because of the large number of such companies, section 777A(c)(2) of the Act permits the Department to limit its examination to either
(1)a sample of exporters, producers, or types of products that is statistically valid based on the information available at the time of selection; or
(2)exporters and producers accounting for the largest volume of subject merchandise from the exporting country that can be reasonably examined. Due to the large number of firms requested for these administrative reviews and the resulting administrative burden to review each company for which a request has been made, the Department is considering exercising its authority to limit the number of respondents selected for review. *See* Section 777A(c)(2) of the Act. The Department has not yet determined the appropriate methodology to employ in limiting respondent selection. As discussed above, the Department may either use a statistically valid sample or examine the largest exporters and producers by volume. Should the Department determine to sample the exporters, it will employ the following procedures: the Department will
(1)issue a letter to the interested parties detailing the proposed sampling methodology;
(2)after analyzing the parties' comments, finalize its sampling methodology;
(3)notify the parties and invite them to send a representative to witness the sampling selection;
(4)conduct the sampling exercise;
(5)notify all interested parties of the selection outcome of the sampling exercise (selected respondents will be issued the full antidumping duty questionnaire); and
(6)record the results in a memorandum to the file. Withdrawal of Request For Administrative Review 19 CFR 351.213(d)(1) provides that the Secretary will rescind an administrative review if the party that requested the review withdraws the request within 90 days of the date of publication of the notice in the **Federal Register** . Although the regulation provides that the Secretary may extend this deadline, it is unlikely that the Department will be able to grant any such extensions for these particular administrative reviews, due to the time constraints imposed by our statutory deadlines. 23 23 Should the Department use sampling, the need to preserve the statistical validity of the sampling methodology will further limit the Department's ability to grant such extensions. Separate Rates In proceedings involving non-market economy (“NME”) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department's policy to assign all exporters of merchandise subject to investigation in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, the Department's analysis mirrors that established in the *Final Determination of Sales at Less Than Fair Value: Sparklers from the People's Republic of China* , 56 FR 20588 (May 6, 1991) (“ *Sparklers* ”), as amplified by *Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People's Republic of China* , 59 FR 22585 (May 2, 1994) (“ *Silicon Carbide* ”). In accordance with the separate rate criteria, the Department assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both *de jure* and *de facto* government control over export activities. The Department recently modified the process by which exporters and producers may obtain separate rate status in NME investigations. *See* Policy Bulletin 05.1 Separate Rates Practice and Application of Combination Rates in Antidumping Investigations Involving Non-Market Economy Countries, (April 5, 2005), available on the Department's website at *http://ia.ita.doc.gov/policy/bull05-1.pdf.* The process now requires the submission of a separate rate status application. Due to the large number of companies subject to administrative reviews in both the Vietnam and the PRC proceedings, the Department is requiring all companies listed above that wish to qualify for separate rate status in these administrative reviews to complete, as appropriate, either a separate rate status application or certification, as described below. If the Department determines to select the mandatory respondents through sampling in these administrative reviews, the Department will require all potential respondents to demonstrate their eligibility for a separate rate. The Department will then make the separate rate determinations for each company and allow only those respondents with separate rate status to be included in the sampling pool should the Department decide to sample. However, for any respondent that is determined later in this segment to have provided inaccurate information regarding its separate rate status, the Department may apply facts otherwise available with an adverse inference if it determines that such respondent failed to cooperate by not acting to the best of its ability. If the Department determines to select the mandatory respondents by selecting the largest exporters/producers accounting for the largest volume of subject merchandise exported to the United States, the Department will also require all potential respondents to demonstrate their eligibility for a separate rate. For those respondents not representing the largest volume of subject merchandise exported to the United States, the Department will make the separate rate determinations for each company. Only those respondents with separate rate status will be included in the group receiving the weighted-average margin calculated from the selected respondents. However, for any respondent that is determined later in this segment to have provided inaccurate information regarding its separate rate status, the Department may apply facts otherwise available with an adverse inference if it determines that such respondent failed to cooperate by not acting to the best of its ability. For these administrative reviews, in order to demonstrate separate rate eligibility, the Department requires companies for which a review was requested that were assigned a separate rate in the previous segment of this proceeding to certify that they continue to meet the criteria for obtaining a separate rate. The certification form will be available on the Department's website at *http://ia.ita.doc.gov/* on the date of publication of this **Federal Register** notice. In responding to the certification, please follow the “Instructions for Filing the Certification” in the Separate Rate Certification. Certifications for both Vietnam and China are due to the Department by close of business on April 28, 2006. The deadline and requirement for submitting a certification applies equally to NME-owned companies, wholly foreign-owned companies, and foreign resellers who purchase the subject merchandise and export it to the United States. The Department requires, to demonstrate eligibility for a separate rate, a separate rates status application for companies that have not previously been assigned a separate rate. The separate rate status application will be available on the Department's Web site at *http://ia.ita.doc.gov/* on the date of publication of this **Federal Register** notice. In responding to the separate rate status application, please refer to instructions contained within the application. Separate rate status applications are due to the Department by close of business on May 19, 2006. The deadline and requirement for submitting a separate rate status application applies equally to NME-owned companies, wholly-foreign owned companies, and foreign resellers that purchase the subject merchandise and export it to the United States. Further, due to the time constraints imposed by our statutory deadlines, the Department may be unable to grant any extensions for the submission of separate rate certifications or separate rate status applications. Quantity and Value (“Q&V”) Questionnaire In advance of issuing of the antidumping questionnaire, we will also be requiring all parties for whom a review is requested to respond to a Q&V questionnaire, which will request information on the respective quantity and U.S. dollar sales value of all exports of shrimp to the United States during the period July 16, 2004, through January 31, 2006. The Q&V questionnaire will be available on the Department's website at *http://ia.ita.doc.gov/* on April 3, 2006. The responses to the Q&V questionnaire are due to the Department by close of business on April 28, 2006. Due to the time constraints imposed by our statutory and regulatory deadlines, the Department may be unable to grant any extensions for the submission of the Q&V questionnaire responses. In responding to the Q&V questionnaire, please refer to the instructions contained in the Q&V questionnaire. Notice This notice constitutes public notification to all firms requested for review and seeking separate rate status in these administrative reviews that they must submit a separate rate status application or certification (as appropriate) as described above, and a complete response to the Q&V questionnaire, within the time limits established in this notice of initiation in order to receive consideration for separate rate status. For parties that fail to timely respond to the requisite separate rate status application or certification, or to the Q&V questionnaire, the Department may resort to the use of facts otherwise available, and may employ an adverse inference. The Department notes that if any of the due dates for separate rate filings and/or Q&V responses fall on a weekend, holiday, or any other day the Department is closed, the due date will be the next business day. *See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended* , 70 FR 24533 (May 10, 2005). All information submitted by respondents in this administrative review is subject to verification. As discussed above, due to the large number of parties in these proceedings, and the Department's need to complete its proceedings within the statutory deadlines, the Department will be limited in its ability to extend deadlines on the above submissions. As noted above, the separate rate certification, the separate rate status application, and the Q&V questionnaire will be available on the Department's Web site at *http://ia.ita.doc.gov/* on April 3, 2006. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Department's website at *http://ia.ita.doc.gov/.* This initiation and notice are in accordance with section 751(a)(1) of the Act and 19 CFR 351.221(c)(1)(i). Dated: March 31, 2006. James C. Doyle, Director, AD/CVD Operations, Office 9,Import Administration. [FR Doc. E6-5114 Filed 4-6-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-351-838, A-331-802, A-533-840, A-549-822] Notice of Initiation of Administrative Reviews of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp from Brazil, Ecuador, India and Thailand AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“Department”) received timely requests to conduct administrative reviews of the antidumping duty orders on certain frozen warmwater shrimp (“shrimp”) from Brazil, Ecuador, India and Thailand. The anniversary month of these orders is February. In accordance with the Department's regulations, we are initiating these administrative reviews. EFFECTIVE DATE: April 7, 2006. FOR FURTHER INFORMATION CONTACT: Kate Johnson at
(202)482-4929 (Brazil), David Goldberger at
(202)482-4136 (Ecuador), Elizabeth Eastwood at
(202)482-3874 (India) and Irina Itkin at
(202)482-0656 (Thailand), AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230. SUPPLEMENTARY INFORMATION: Background The Department received timely requests from Petitioners 1 and certain individual companies, in accordance with 19 CFR 351.213(b), during the anniversary month of February, for administrative reviews of the antidumping duty orders on shrimp from Brazil, Ecuador, India, and Thailand covering 54 companies for Brazil, 72 companies for Ecuador, 348 companies for India, and 145 companies for Thailand. Subsequently, Petitioners withdrew one request for review for Ecuador. *See* Petitioners' letter dated March 1, 2006. On March 16, 2006, the Department issued a memorandum detailing Department officials' communications with Petitioners' counsel regarding concerns about the names and addresses of certain companies included in Petitioners' request for administrative reviews. *See Memorandum to the File, from Irene Darzenta Tzafolias, Acting Director, AD/CVD Operations, Office 2, Re: Conversation with Petitioners' Counsel Concerning Petitioners' Requests for Administrative Reviews* , dated March 16, 2006. On March 21, 2006, the Petitioners submitted a letter addressing the items outlined in the Department's memorandum of March 16, 2006. In their letter Petitioners withdrew their request for review of certain companies. 2 On March 29, 2006, we received letters from certain companies in Ecuador and India which were named in Petitioners' review requests, alleging certain errors in the review requests. These letters were not received in time for full consideration prior to the Department's initiation of these reviews. The Department is now initiating administrative reviews of the orders covering the remaining 50 companies for Brazil, 71 companies for Ecuador, 347 companies for India, and 145 companies for Thailand. 1 Ad Hoc Shrimp Trade Action Committee (“Petitioners”). 2 With respect to Brazil, Petitioners withdrew the request for administrative review for Potiguar Alimenbtos do Mar Ltda., the spelling of which contains a typographical error. Petitioners requested an administrative review of the company using the correct spelling, Potiguar Alimentos do Mar Ltda. With respect to India, Petitioners unintentionally duplicated a request for an administrative review of the company Tim Tim Far East Export Trading Co.(P) Ltd. The company should only have been listed once in Petitioners' administrative review requests. Initiation of Reviews In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (“the Act”), we are initiating administrative reviews of the antidumping duty orders on shrimp from Brazil, Ecuador, India and Thailand. We intend to issue the final results of these reviews not later than February 28, 2007. BRAZIL Antidumping Duty Proceeding Period to be Reviewed Certain Frozen Warmwater Shrimp, A-351-838 8/4/04 - 1/31/06 Acarau Pesca Distr. de Pesc. Imp e Exp Ltda. Acarau Pesca Distr. de Pescado Imp E Exp Ltda. Amazonas Industria Alimenticias SA0 Aquacultura Fortaleza Aquafort SA Aquamaris Aquaculture SA Aquática Maricultura do Brasil Ltda. Artico Bramex Brasil Mercantil Ltda. Camanor - Produtos Marinhos Ltda. Camaros do Brasil Ltda. Camexim Captura Mec Exports Imports Campi Camaroa do Piaui Ltda. Central de Industria Cida Central de Industria Cida Central de Ind. E Distribuicao de Alimentos Ltda.+ Cina Companhia Nordeste de Aquicultura E Alimentação Comercio de Pescado Aracatiense Ltda. Compescal - Comèrcio de Pescado Aracatiense LTDA Empaf - Empresa de Armazenagem Frigorifica Ltda. 3 ++ Empresa de Armazenagem Frigorifica Ltda.++ Guy Vautrin Importacao & Exportaco Ipesca ITA Fish - S.W.F. Importacao e Exportacao Ltda. J K Pesca Ltda. Juno Ind & Com de Pescados Lusomar Maricultura Ltda. Maricultura Netuno SA++ Maricultura Rio Grandense Maricultura Tropical Marine Maricultura do Nordeste Marine Maricultura do Nordeste SA Marine Maricultura Nordeste SA MM Monteiro Pesca E Exportacao Ltda. Mucuripe Pesca Ltda., Epp. Norte Pesca SA Ortico Pesqueira Maguary Ltda.+++ Potiguar Alimentos do Mar Ltda. Potipora Aquacultura Ltda. Produmar - Cia Exportadora de Produtos do Mar+ Produvale Produtos do Vale Ltda. Qualimar Comercio Importaçao E Exportacao Ltda. Santa Lavinia Comercio e Exportacio Ltda. Seafarm Criacao E Comercio de Produtos Aquaticos Ltda. Secom Aquicultura Comercio E Industria SA SM Pescados Indùstria Comèrcio E Exportação Ltda. SM Trading Industria E Comercio Ltda. Sohagro Marina do Nordeste SA Tecmares Maricultura Ltda. Terracor Tdg Exp. E Imp. Ltda. Torquato Pontes Pescados Valencia da Bahia Maricultura SA 3 There was a clerical error in the original investigation preliminary margin calculation resulting in a dumping margin of zero and no suspension of liquidation for entries from this entity. As a result of correction of this clerical error, an affirmative margin resulted and suspension of liquidation began on August 30, 2004. *See Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from Brazil* , 69 FR 52860 (August 30, 2004). + In the original investigation, the Department found that the following companies comprised a single entity: Central de Industrializacao e Distribuicao de Alimentos Ltda. and Cia. Exportadora de Produtos do Mar (Produmar). ++ In the original investigation, the Department found that the following companies comprised a single entity: Empresa de Armazenagem Frigorifica Ltda. and Maricultura Netuno S.A. +++Petitioners' requests for review included certain companies with identical names but different addresses. For purposes of initiation, we have treated these companies as separate entities. ECUADOR Certain Frozen Warmwater Shrimp, A-331-802 8/4/04 - 1/31/06 Agricola e Ind Ecuaplantatio Agrol Alquimia Marina SA Babychic SA Brimon Camarones Comar Co Ltda. Doblertel SA Dunci SA Eculine Edpacif El Rosario Ersa SA Empacadora Bilbo Bilbosa Empacadora del Pacifico SA, Edpacif SA Empacadora Dufer Cia. Ltda. Empacadora Grupo Granmar SA Empacadora Nacional Empacadora y Exportadora Calvi Cia. Ltda. Empagran Emprede Estar CA Exporklore Exports & Representacion Exportadora Bananera Noboa Exportadora del Oceano Oceanexa C. A. Exports del Oceano Fortumar Ecuador SA Gambas del Pacifico Gondi Hectorosa Industrial Pesquera Santa Priscila SA Industrial Pesquera Santa Priscilla Inepexa Inc. Inepexa SA Jorge Luis Jorge Luis Benitez Lopez Karpicorp SA Luis Loaiza Alvarez Mardex Cia. Ltda. Marecuador Co Ltda. Marines CA Marisco Mariscos de Chupadores Chupamar Mariscos del Ecuador c.l. Marecuador Mariscos del Ecuador Marecuador Co. Negocios Industriales Real Nirsa SA Novapesca SA Oceaninvest SA Oceanmundo SA Oceanpro Omarsa-Ope.y Proc.de Prod. Marinos SA Oyerly SA P.C. Seafood SA Pacifish PCC Congelados & Frescos SA Pescazul Peslasa SA Phillips Seafoods Procesadora del Rio Proriosa SA Procesadora Del Rio SA Proriosa Productos Cultivados del Mar Proc. Promarisco Promarosa Productos Proriosa sa Procesadora del Rio SA Seafood Padre Aguirre Sociedad Atlantico Pacifico Sociedad Nacional de Galapagos Soitgar Studmark SA Tecnica & Comercio de la Pesca Teco Transmarina C. A. Unilines Transport System INDIA Certain Frozen Warmwater Shrimp, A-533-840 8/4/04 - 1/31/06 A.S Marine Industries Pvt Ltd. Abad Fisheries Accelerated Freeze Drying Co., Ltd. Accelerated Freeze-drying Co. Adani Exportse Aditya Udyog Agri Marine Exports Ltd. AL Mustafa Exp & Imp Alapatt Marine Exports Alfuzz Frozen Foods Pvt. Ltd. All Seas Marine P. Ltd. Allana Frozen Foods Pvt. Ltd. Allanasons Ltd. Alsa Marine & Harvests Ltd. Amalgam Foods & Beverages Limited Ameena Enterprises AMI Enterprises Amison Foods Ltd. Amison Seafoods Ltd. Amulya Seafoods Ananda Aqua Exports Private Limited Ananda Foods Andaman Seafoods Pvt. Ltd. Anjaneya Seafoods Anjani Marine Traders Apex Exports Aqua Star Marine Foods Arsha Seafood Exports Pvt. Ltd. ASF Seafoods Ashwini Frozen Foods Asvini Exports Asvini Fisheries Asvini Fisheries Limited Asvrm Fisheries Ltd. Aswin Associates Atta Export Avanti Feeds Limited Ayshwarya Seafood Private Limited Baby Marine (Eastern) Exports Baby Marine Exports Baby Marine International Baby Marine Products Baby Marine Sarass Balaji Seafood Exports I Ltd. Baraka Overseas Traders Bell Foods (Marine Division) Bengal Marine Pvt. Ltd. Bharat Seafoods Bhatsons Aquatic Products Bhavani Seafoods Bhisti Exports Bijaya Marine Products Bilal Fish Suppliers Blue Water Foods & Exports P. Ltd. Bluefin Enterprises Bluepark Seafoods P. Ltd. BMR Exports Brilliant Exports Britto Exports C P Aquaculture (India) Ltd. Calcutta Seafoods Capital Freezing Complex Capithan Exporting Co. Castlecrock Seafoods Ltd. Castlerock Fisheries Ltd. Central Calcutta Cold Storage Cham Exports Ltd. Cham Ocean Treasures Co., Ltd. Cham Trading Organization Chand International Chemmeens (Regd.) Cherukattu Industries (Marine Div.) Choice Canning Company Choice Trading Corporation Pvt. Ltd. Coastal Trawlers Ltd. Cochin Frozen Food Exports Pvt. Ltd. Corlim Marine Exports Pvt. Ltd. Corline Exports Danda Fisheries Dariapur Aquatic Pvt. Ltd. Deepmala Marine Exports Devi Fisheries Limited Devi Marine Food Exports Ltd. Devi Marine Food Exports Private Limited Devi Seafoods Limited Devi Seafoods Pvt. Ltd. Dhanamjaya Impex P. Ltd. Diamond Seafoods Exports Digha Seafood Exports Dorothy Foods Edhayam Frozen Foods Pvt. Ltd. El-Te Marine Products Esmorio Export Enterprises Excel Ice Services/Chirag Int'l Exporter Coreline Exports Falcon Marine Exports Limited Fernando Intrcontinental Firoz & Company Five Star Marine Exports Five Star Marine Exports Private Limited Forstar Frozen Foods Pvt. Ltd. Freeze Engineering Industries (Pvt. Ltd.) Frigerio Conserva Allana Limited Frontline Exports Pvt. Ltd. G A Randerian Ltd. G.K S Business Associates Pvt. Ltd. Gadre Marine Exports Gajula Exim P. Ltd. Galaxy Maritech Exports P. Ltd. Gausia Cold Stoiage P. Ltd. Gayathri Seafoods Geo Aquatic Products
(P)Ltd. Geo Seafoods Global Sea Foods & Hotels Ltd. Goan Bounty Gold Farm Foods
(P)Ltd. Golden Star Cold Stoiage Gopal Seafoods Grandtrust Overseas
(P)Ltd. Gtc Global Ltd. GVR Exports GVR Exports Pvt. Ltd. HA & R Enterprises Hanjar Ice and Cold Storage Hanswati Exports P. Ltd. Haripriya Marine Food Exports HIC ABF Special Foods Pvt. Ltd. Hindustan Lever, Ltd. Hiravata Ice & Cold Storage Hiravati Exports Pvt. Ltd. Hiravati International P. Ltd. HMG Industries Ltd. Honest Frozen Food Company I Ahamed & Company IFB Agro Industries Ltd. (Aquatic & Marine Products Div.) India Seafoods Indian Aquatic Products Indian Seafood Corporation Indo Aquatics Innovative Marine Foods Limited/Amalgam Foods Limited Interfish International Freezefish Exports InterSea Exports Corporation Interseas ITC Ltd. J R K Seafoods Pvt. Ltd. Jagadeesh Marine Exports Jaya Satya Marine Exports Jayalakshmi Seafoods
(P)Ltd. Jaya Lakshmi Sea Foods Pvt. Ltd. Jinny Marine Traders K.R.M. Marine Exports K R M Marine Exports Ltd. K.V Marine Exports Kadalkanny Frozen Foods Kader Exports Kader Exports Private Limited Kader Investment and Trading Company Private Limited Kalyanee Marine Kaushalya Aqua Marine Product Exports Pvt. Ltd. Kay Kay Exports Keshodwala Foods Key Foods King Fish Industries Kings Marine Products KNR Marine Exports Koluthara Exports Ltd. Konark Aquatics & Exports Pvt. Ltd. Konkan Fisheries Pvt. Ltd. L.G Seafoods Lakshmi Marine Products Lansea Foods Pvt. Ltd. Laxmi Narayan Exports Lewis Natural Foods Ltd. Liberty Frozen Foods Private Limited Liberty Group Liberty Oil Mills Libran Cold Storages
(P)Ltd. Lotus Sea Farms Lourde Exports M K Exports M.R.H. Trading Company Magnum Estate Private Magnum Estate Private Limited Magnum Exports Magnum Seafoods Pvt. Ltd. Malabar Marine Exports Malnad Exports Pvt. Ltd. Mamta Cold Storage Mangala Marine Exim Pvd. Ltd. Mangala Sea Products Manufacturer Falcon Marine Exports Marina Marine Exports Marine Food Packers Markoorlose Sea Foods Meenaxi Fisheries Pvt. Ltd. Miki Exports International MSC Marine Exporters Msngr Aqua Intl Mumbai Kamgar MGSM Ltd. N.C Das & Company Naga Hanuman Fish Packers Naik Ice & Cold Storage Naik Seafoods Ltd. Nas Fisheries Pvt Ltd. National Seafoods Company National Steel National Steel & Agro Ind. Navayuga Exports Ltd. Navyauga Exports Nekkanti Sea Foods Limited New Royal Frozen Foods NG.R Aqua International Nila Seafoods Pvt. Ltd. Noble Aqua Pvt. Ltd. Noorani Exports Pvt. Ltd. Nsil Exports Omsons Marines Ltd. Overseas Marine Export Padmaja Exports Partytime Ice Pvt Ltd. Penver Products
(P)Ltd. Philips Foods India Pvt Ltd. Pijikay International Exports P Ltd. Pisces Seafood International Premier Exports International Premier Marine Foods Premier Marine Products Premier Seafoods Exim
(P)Ltd. Pronto Foods Pvt. Ltd. R F. Exports R K Ice & Cold Storage Raa Systems Pvt. Ltd. Rahul Foods
(GOA)Rahul International Raj International Raju Exports Ramalmgeswara Proteins & Foods Ltd. Rameshwar Cold Storage Ram's Assorted cold Storage Ltd. Raunaq Ice & Cold Storage Ravi Frozen Foods Ltd. Raysons Aquatics Pvt. Ltd. Razban Seafoods Ltd. RBT Exports Reddy & Reddy Importers & Exports Regent Marine Industries Relish Foods Riviera Exports Pvt. Ltd. Rohi Marine Private Ltd. Royal Cold Storage India P Ltd. Royal Link Exports Rubian Exports Ruby Marine Foods Ruchi Worldwide RVR Marine Products S & S Seafoods S A Exports S B Agro (India) Ltd. S Chanchala Combines S K Exports
(P)Ltd. S S International Saanthi Seafoods Ltd. Sabri Food Products Safa Enterprises Sagar Foods Sagar Grandhi Exports Pvt. Ltd. Sagar Samrat Seafoods Sagrvihar Fisheries Pvt. Ltd., 9 Sai Marine Exports Pvt. Ltd. Salet Seafoods Pvt Ltd. Samrat Middle East Exports
(P)Ltd. Sanchita Marine Products P Ltd. Sandhya Marines Limited Santhi Fisheries & Exports Ltd. Sarveshwari Ice & Cold Storage P Ltd. Satya Seafoods Private Limited Satyam Marine Exports Sawant Food Products Sea Rose Marines
(P)Ltd. Seagold Overseas Pvt. Ltd. Sealand Fisheries Ltd. Seaperl Industries Selvam Exports Private Limited Sharon Exports Shart Industries Ltd. Sheimar Seafoods Ltd. Shimpo Exports Shipper Exporter National Steel Shivaganga Marine Products Shroff Processed Food & Cold ZStorage P Ltd. Siddiq Seafoods Silver Seafood Sita Marine Exports Skyfish SLS Exports Pvt. Ltd. Sonia Fisheries Sourab Sprint Exports Sree Vaialakshrm Exports Sreevas Export Enterprises Sri Chandrakantha Marine Exports, Ltd. Sri Sakthi Marine Products P Ltd. Sri Satya Marine Exports Sri Sidhi Freezers & Exporters Pvt. Ltd. Sri Venkata Padmavathi Marine Foods Pvt. Ltd. SSFLtd. Star Agro Marine Exports Private Limited Star Fish Exports Sterling Foods Sun-Bio Technology Limited Supreme Exports Surya Marine Exports Suvarna Rekha Exports Private Limited Suvarna Rekha Marines P Ltd. Swarna Seafoods Ltd. TBR Exports Pvt Ltd. Teekay Maine P. Ltd. The Canning Industries (Cochin) Ltd. The Waterbase Ltd. Theva & Company Tim Tim Far East Export Trading Co.(P) Ltd. Tony Harris Seafoods Ltd. Tri Marine Foods Pvt. Ltd. Trinity Exports Tri-Tee Seafood Company Triveni Fisheries P Ltd. Ulka Seafoods
(P)Ltd. Uniroyal Marine Exports Ltd. Universal Cold Storage Limited Upasana Exports Usha Seafoods V Marine Exports V.S Exim Pvt Ltd. Vaibhav Sea Foods Varnita Cold Storage Veejay Impex Veraval Marines & Chemicals P Ltd. Victoria Marine & Agro Exports Ltd. Vijayalaxmi Seafoods Vinner Marine Waterbase Wellcome Fisheries Limited Wellcome Fisheries
(P)Ltd. Winner Seafoods Wisdom Marine Exports Z A. Food Products THAILAND Certain Frozen Warmwater Shrimp, A-549-822 8/4/04 - 1/31/06 ACU Transport Ampai Frozen Food Co., Ltd. Andaman Seafood Co., Ltd.* Anglo-Siam Seafoods Co., Ltd. Applied DB Ind AS Intermarine Foods Co., Ltd. Asian Seafoods Cold Storage Public Co., Ltd. Asian Seafoods Coldstorage (Suratthani) Company Limited Asia Pacific Thailand Assoc. Commercial Systems Bangkok Dehydrated Marine Product Co., Ltd. Bright Sea Co., Ltd. ** C.Y. Frozen Food Co., Ltd. Capital Food Trade Limited Chaivaree Marine Products Co., Ltd. Chaiwarut Co., Ltd. Chantaburi Seafood Co., Ltd.*, **** Chanthaburi Frozen Foods Co., Ltd.* Charoen Pokphand Foods Plc Chonburi L C Chue Eie Mong Eak C P Mdse Crystal Frozen Foods Daedong (Thailand) Co. Ltd. Daiei Taigen (Thailand) Co., Ltd. Daiho (Thailand) Co., Ltd. Dynamic Intertransport Euro-Asian International Seafoods Co., Ltd. Far East Cold Storage Co., Ltd. Fait Findus (Thailand) Co., Ltd. Fortune Frozen Foods (Thailand) Co., Ltd. Frozen Marine Products Co., Ltd. Gallant Ocean (Thailand) Co., Ltd. Good Fortune Cold Storage Co., Ltd. Good Luck Products Co., Ltd. Haitai Seafood Co., Ltd.*** Ham Intl Heng Seafood Ltd. Part. Heritrade High Way International Co., Ltd. Instant Produce Inter-Oceanic Resources Co., Ltd.*** Inter-Pacific Marine Products Co., Ltd. K D Trdg Kiang Huat Sea Gull Trading Frozen Food Public Co., Ltd. Kingfisher Holdings Ltd.*** Kitchens of the Ocean (Thailand) Ltd. Klang Co., Ltd. Klang Co., Ltd. Kongphop Frozen Foods Co., Ltd. Lee Heng Seafood Co., Ltd. Leo Transports Li-Thai Frozen Foods Co., Ltd. Lucky Union Foods Magnate & Syndicate Co., Ltd. Mahachai Food Processing Co., Ltd. Marine Gold Products Co., Ltd. May Ao Co., Ltd. May Ao Foods Co., Ltd. Merkur Co., Ltd. Ming Chao Ind Thailand MKF Interfood N&N Foods Co., Ltd. Namprik Maesri Narong Seafood Co., Ltd.*** Nongmon SMJ Products N R Instant Produce Ongkorn Cold Storage Co., Ltd. Pacific Queen Co., Ltd. Pakfood Public Company Limited Penta Impex Preserved Foods Phattana Seafood Co., Ltd.* Piti Seafoods Co., Ltd. Premier Frozen Products Co., Ltd. Queen Marine Food Co., Ltd. Rayong Coldstorage
(1987)Co., Ltd. Samui Foods S&D Marine Products Co., Ltd. S.C.C. Frozen Seafood Co., Ltd.* SCT Co., Ltd. S. Chaivaree Cold Storage Co., Ltd. Sea Bonanza Food Co., Ltd.*** Seafoods Enterprise Co., Ltd. Seafresh Industry Public Co., Ltd. Seafresh Fisheries Search & Serve Shianlin Bangkok Co., Ltd.*** Siam Food Supply Co., Ltd. Siam Intersea Co., Ltd. Siamchai International Food Co., Ltd. Siam Marine Products Siam Ocean Frozen Foods Siam Union Frozen Foods Sky Fresh S Khonkaen Food Ind Public S Khonkaen Food Ind Smile Heart Foods SMP Food Products Co., Ltd. Songkla Canning STC Foodpak Co., Ltd. Suntechthai Intertrdg Surapon Seafoods Public Co., Ltd. Surapon Nichirei Foods Co., Ltd. Surat Seafood Co., Ltd Suratthani Marine Products Co., Ltd. Suree Interfoods Takzin Ssmut Tey Seng Cold Storage Co., Ltd. Tep Kinsho Foods Teppitak Seafood Thai Agri Foods Thai Excel Foods Co., Ltd. Thai I-Mei Frozen Foods Co., Ltd. Thai International Seafoods Co., Ltd.*, **** Thai Mahachai Seafood Products Co., Ltd. Thai Prawn Culture Center Co., Ltd. Thai Royal Frozen Food Thai Spring Fish Co., Ltd. Thai Union Frozen Products Public Co., Ltd. Thai Union Mfg. Thai Union Seafood Co., Ltd. Thai-Ger Marine Co., Ltd Thailand Fishery Cold Storage Public Co., Ltd.* Thai World Imports & Exports Thai Yoo Thanaya Intl The Siam Union Frozen Food Co., Ltd. The Union Frozen Products Co., Ltd.** Trang Seafood Products Public Co., Ltd. Transamut Food Co., Ltd. United Cold Storage Co., Ltd. Wales & Co. Universe Ltd.* Wann Fisheries Co., Ltd. Xian - Ning Seafood Co., Ltd. Y2K Frozen Foods Co., Ltd.* Yeenin Frozen Foods Co., Ltd. Yong Siam Enterprise Co., Ltd. * In the original investigation, the Department found that the following companies comprised a single entity: Andaman Seafood Co., Ltd., Chantaburi Seafood Co., Ltd., Chanthaburi Frozen Foods Co., Ltd., Phattana Seafood Co., Ltd., S.C.C. Frozen Seafood Co., Ltd., Thai International Seafoods Co., Ltd., Thailand Fishery Cold Storage Public Co., Ltd., Wales & Co. Universe Ltd., and Y2K Frozen Foods Co., Ltd. ** In the original investigation, the Department found that the following companies comprised a single entity: Union Frozen Products Co., Ltd. and Bright Sea Co., Ltd. ***Petitioners' requests for review included certain companies with identical names but different addresses. For purposes of initiation, we have treated these companies as separate entities. ****Petitioners requested that the Department conduct an administrative review of this company, but provided two different addresses for the same company. According to the record of the less-than-fair-value investigation, one of the addresses pertains to the company's office and the other pertains to the plant/factory. *See* the memorandum from The Team to the File entitled “Placing Information on the Record of the 2004-2006 Administrative Review on Certain Frozen Warmwater Shrimp from Thailand,” dated March 31, 2006. Selection of Respondents 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. Where it is not practicable to examine all known producers/exporters of subject merchandise because of the large number of such companies, section 777A(c)(2) of the Act permits the Department to limit its examination to either:
(1)a sample of exporters, producers or types of products that is statistically valid based on the information available at the time of selection; or
(2)exporters and producers accounting for the largest volume of subject merchandise from the exporting country that can be reasonably examined. Due to the large number of firms requested for these administrative reviews and the resulting administrative burden to review each company for which a request has been made, the Department is considering exercising its authority to limit the number of respondents selected for review. *See* section 777A(c)(2) of the Act. The Department has not yet determined the appropriate methodology to employ in limiting respondent selection. As described above, the Department may use a statistically valid sample or select the largest exporters and producers, by volume. Should the Department determine to sample the exporters, it will employ the following procedures: the Department will 1) issue a letter to the interested parties detailing the proposed sampling methodology; 2) after analyzing the parties' comments, finalize its sampling methodology; 3) notify the parties and invite them to send a representative to witness the sampling selection; 4) conduct the sampling exercise; 5) notify all interested parties of the selection outcome of the sampling exercise (selected respondents will be issued the full antidumping questionnaire); and 6) record the results in a memorandum to the file. Withdrawal of Request For Administrative Review Section 351.213(d)(1) of the Department's regulations provides that the Secretary will rescind an administrative review if the party that requested the review withdraws the request within 90 days of the date of publication of the notice in the **Federal Register** . Although the regulation provides that the Secretary may extend this deadline, it is unlikely that the Department will be able to grant any such extensions for these particular administrative reviews, due to the time constraints imposed by our statutory deadlines. 4 4 Should the Department use sampling, the need to preserve the statistical validity of the sampling methodology will further limit the Department's ability to grant such extensions. Quantity and Value (“Q&V”) Questionnaire In advance of issuance of the antidumping questionnaire, we will also be requiring all parties for whom a review is requested to respond to a Q&V questionnaire, which will request information on the respective quantity and U.S. dollar sales value of all exports of shrimp to the United States during the period August 4, 2004, through January 31, 2006. The Q&V questionnaire will be available on the Department's website at *http://ia.ita.doc.gov/* on April 3, 2006. The responses to the Q&V questionnaire are due to the Department by close of business on April 28, 2006. Due to the time constraints imposed by our statutory and regulatory deadlines, the Department may be unable to grant any extensions for the submission of the Q&V questionnaire responses. In responding to the Q&V questionnaire, please refer to the instructions contained in the Q&V questionnaire. Notice This notice constitutes public notification to all firms requested for review that a complete response to the Q&V questionnaire, within the time limits established in this notice of initiation is required in order for such information to receive consideration. For parties that fail to timely respond to the Q&V questionnaire, the Department may resort to the use of facts otherwise available, and may employ an adverse inference if the Department determines that the party failed to cooperate by not acting to the best of its ability. All information submitted by respondents in these administrative reviews is subject to verification. As discussed above, due to the large number of parties in these proceedings, and the Department's need to complete its proceedings within the statutory deadlines, the Department will be limited in its ability to extend deadlines on the above submissions. As noted above, the Q&V questionnaire will be available on the Department's website at *http://ia.ita.doc.gov/* on April 3, 2006. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Department's website at *http://ia.ita.doc.gov/.* This initiation and notice are in accordance with section 751(a)(1) of the Act and 19 CFR 351.221(c)(1)(i). Dated: March 31, 2006. Irene Darzenta Tzafolias, Acting Director, AD/CVD Operations, Office 2, for Import Administration. [FR Doc. E6-5117 Filed 4-6-06; 8:45 am] Billing Code: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-201-802] Gray Portland Cement and Clinker from Mexico: Rescission of Antidumping Duty Administrative Review and Compromise of Outstanding Claims AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 3, 2006 FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone
(202)482-3477 or
(202)482-1690, respectively. SUPPLEMENTARY INFORMATION: Rescission of Review In August 2004, the petitioner, the Southern Tier Cement Committee, requested a review of the antidumping duty order on gray portland cement and clinker from Mexico with respect to sales by CEMEX, S.A. de C.V. (CEMEX), and CEMEX's affiliate, GCC Cemento, S.A. de C.V. (GCCC), during the period August 1, 2004, through July 31, 2005. In addition, in August 2005, CEMEX and GCCC requested reviews of their sales for the same period. On September 28, 2005, the Department published in the **Federal Register** a notice of initiation of this administrative review. See *Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part and Deferral of Administrative Review* (70 FR 56631). On March 6, 2006, the petitioner, CEMEX, and GCCC withdrew their requests for review and requested that the Department rescind the administrative review. Compromise of Outstanding Claims On March 6, 2006, the Office of the United States Trade Representative, the United States Department of Commerce, and Secretaria de Economia of the Government of Mexico entered into an Agreement on Trade in Cement (Agreement). Effective April 3, 2006, the Agreement compromises all claims to outstanding duties from August 1, 2004, through April 2, 2006, pursuant to Section 617 of the Tariff Act of 1930, as amended (the Act). In accordance with the terms of the Agreement, all parties that requested this administrative review ( *i.e.* , the petitioner, CEMEX, and GCCC) have submitted letters withdrawing their requests for an administrative review. See Section II. 7.a. and Appendix 9 of the Agreement. Also, see letter from CEMEX to the Department dated March 6, 2006, letter from GCCC to the Department dated March 6, 2006, and letter from the petitioner to the Department dated March 6, 2006. Section 351.213(d)(1) of the Department's regulations states that the Department will rescind an administrative review if a party requesting the review withdraws the request within 90 days of the publication of the notice of initiation. Further, 19 CFR 351.213(d)(1) allows the Department to extend the 90-day deadline if it considers it reasonable to do so. These requests are past the 90-day time limit but we find that it is reasonable to extend the deadline. Therefore, we are rescinding the review of the period August 1, 2004, through July 31, 2005. In accordance with the terms of the Agreement, we will instruct U.S. Customs and Border Protection
(CBP)to liquidate entries of cement produced or exported by CEMEX and GCCC which entered the United States during the period August 1, 2004, through July 31, 2005, at a rate of ten U.S. cents ($0.10) per metric ton. Further, because the Agreement compromises all claims through April 2, 2006, we will instruct CBP to liquidate entries of cement produced or exported by CEMEX and GCCC which entered the United States during the period August 1, 2005, through April 2, 2006, at a rate of ten U.S. cents ($0.10) per metric ton. This notice is in accordance with section 777(i) of the Act and 19 CFR 351.213(d)(4). Dated: April 3, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-5115 Filed 4-6-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-201-802] Gray Portland Cement and Clinker from Mexico: Notice of Amended Final Results of Antidumping Duty Administrative Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 3, 2006 FOR FURTHER INFORMATION CONTACT: Jeffrey Frank or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-0090 or
(202)482-1690, respectively. SUPPLEMENTARY INFORMATION: On August 30, 1990, the Department of Commerce (the Department) published the antidumping duty order on gray portland cement and clinker from Mexico (Mexican cement). See *Antidumping Duty Order: Gray Portland Cement and Clinker From Mexico* , 55 FR 35443. Since the antidumping duty order was issued, CEMEX, S.A. de C.V. (CEMEX), GCC Cemento, S.A. de C.V. (GCCC), and the domestic industry, the Southern Tier Cement Committee (STCC), have challenged aspects of the various administrative reviews and the sunset review the Department has conducted of the order on Mexican cement before North American Free Trade Agreement (NAFTA) panels. They have also challenged certain International Trade Commission
(ITC)determinations before NAFTA panels. On March 6, 2006, the Office of the United States Trade Representative, the United States Department of Commerce, and Secretaria de Economia of the Government of Mexico entered into an Agreement on Trade in Cement (Agreement). As part of the Agreement, the Department and all parties involved in the outstanding litigation have agreed to settle many of these disputes. Pursuant to this settlement of litigation, each complaining party has agreed to request termination of each outstanding challenge before a NAFTA panel listed below. Review Period NAFTA Panel # Federal Register Notice 6 95/96 USA-MEX-98-1904-02 63 FR 12764 (3/16/98); as amended by 63 FR 24528 (5/4/98) 8 97/98 USA-MEX 2000-1904-03 65 FR 13943 (3/15/00) 9 98/99 USA-MEX-2001-1904-04 66 FR 14889 (3/14/01); as amended by 66 FR 24324 (5/14/01) 10 99/00 USA-MEX-2002-1904-05 67 FR 12518 (3/19/02) 11 00/01 USA-MEX-2003-1904-01 68 FR 1816 (1/14/03); as amended by 68 FR 7346 (2/13/03) 12 01/02 USA-MEX-2003-1904-03 68 FR 54203 (9/16/03); as amended by 68 FR 60083 (10/21/03) 13 02/03 USA-MEX-2004-1904-03 69 FR 77989 (12/29/04) 14 03/04 USA-MEX-2006-1904-03 71 FR 2909 (1/18/06) Every contested review period covered by these amended final results begins on August 1 st and ends on July 31 st of the following year. According to the Agreement and as part of the settlement of litigation, each complaining party requested termination of each of the listed challenges before a NAFTA panel. The NAFTA Secretariat has terminated the reviews in accordance with the parties' consent. Having a final and conclusive resolution of these contested administrative reviews, the Department is amending the final results of the contested reviews and will instruct U.S. Customs and Border Protection
(CBP)to liquidate entries covered by the contested reviews. The Agreement stipulates that any entries of cement produced by CEMEX or GCCC will be assessed antidumping duties equal to $.10 per metric ton. The Agreement also stipulates, pursuant to the settlement of litigation covering the fourteenth administrative review, that the Department will instruct CBP to revise the cash-deposit rate effective April 3, 2006, for entries of Mexican cement produced or exported by CEMEX or GCCC to $3.00 per metric ton. Assessment of Duties We are now amending the final results of these reviews of the antidumping duty order on Mexican cement to reflect the terms of the Agreement. Consequently, we determine that the per-unit amount to be assessed on all entries of Mexican cement produced by CEMEX or GCCC is $.10 per metric ton for the contested reviews. Accordingly, the Department will instruct CBP to assess appropriate antidumping duties on the affected entries of the subject merchandise during the contested review periods. The Department will issue assessment instructions to CBP within 15 days of publication of this notice. Cash-Deposit Requirements As provided by section 751(a)(1) of the Tariff Act of 1930, as amended, and as stipulated in the Agreement with regard to the settlement of the fourteenth administrative review, the cash-deposit rate for all shipments of Mexican cement produced or exported by CEMEX and GCCC entered, or withdrawn from warehouse, for consumption on or after April 3, 2006, shall be $3.00 per metric ton. The deposit requirements shall remain in effect until further notice. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: April 3, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-5116 Filed 4-6-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the final antidumping duty administrative review of the dumping order made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, 6th Administrative Review (Secretariat File No. USA-MEX-98-1904-02). SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. A panel has been appointed to this panel review and has been dismissed in accordance with the *Rules of Procedure for Article 1904 Binational Panel Review* , effective April 3, 2006. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5062 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the final antidumping duty administrative review of the dumping order made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, 8th Administrative Review (Secretariat File No. USA-MEX-2000-1904-03). SUMMARY: Pursuant to the negotiated settlement between the United States and the Mexican industries the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5063 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the Commerce full sunset review of the dumping order made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, Secretariat File No. USA-MEX-2000-1904-05. SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. A panel has been appointed to this panel review and has been dismissed in accordance with the settlement agreement, effective April 3, 2006. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5064 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the final antidumping duty administrative review of the dumping order made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, 9th Administrative Review (Secretariat File No. USA-MEX-2001-1904-04). SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5065 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the Denial of Request for Initiation of Changed Circumstances review made by the International Trade Commission, respecting Gray Portland Cement and Clinker from Mexico, Secretariat File No. USA-MEX-2002-1904-01. SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5066 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the final antidumping duty administrative review of the dumping order made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, 10th Administrative Review (Secretariat File No. USA-MEX-2002-1904-05). SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5067 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the final antidumping duty administrative review of the dumping order made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, 11th Administrative Review (Secretariat File No. USA-MEX-2003-1904-01). SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5068 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the final antidumping duty administrative review of the dumping order made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, 12th Administrative Review (Secretariat File No. USA-MEX-2003-1904-03). SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5069 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the final antidumping duty administrative review of the dumping order made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, 13th Administrative Review (Secretariat File No. USA-MEX-2004-1904-03). SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5070 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Stay of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Stay of Panel Review of the Final Results of Full Sunset Review made by the International Trade Commission, respecting Gray Portland Cement and Clinker from Mexico, Secretariat File No. USA-MEX-2000-1904-10. SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel proceedings of the above noted case is stayed as of April 3, 2006 until April 1, 2009. A panel was appointed to this panel review and no further action will be taken in the administration of this case effective April 3, 2006 through April 1, 2009. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules, stayed in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5071 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Panel Review of the final antidumping duty administrative review of the dumping order made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, 14th Administrative Review (Secretariat File No. USA-MEX-2006-1904-03). SUMMARY: Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested pursuant to these Rules and terminated in accordance with the settlement agreement. Dated: April 3, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6-5072 Filed 4-6-06; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 040306B] Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of a request for Exempted Fishing Permits to conduct experimental fishing; request for comments. SUMMARY: This Exempted Fishing Permit
(EFP)application is a continuation of a collaborative project involving the University of New Hampshire (UNH), Durham, New Hampshire (NH); the Lobster Conservancy, Friendship, Maine; the New England Aquarium, Boston, Massachusetts; and the Atlantic Offshore Lobstermen's Association, Candia, NH. The EFP proposes to continue monitoring a total of 150 legal sized egg bearing female lobsters (berried lobsters) carrying early-stage eggs until the eggs mature and are released. Each berried lobster will be tagged and fitted with a small ambient temperature recording device (Tidbit temperature-loggers) and then the movement and egg-development stages of these tagged berried lobsters will be documented. When a tagged berried lobster is recaptured in commercial lobster gear, participating lobstermen will download thermal data from the attached Tidbit temperature-logger, and also preserve a maximum of 10 eggs from each tagged berried lobster to allow researchers to estimate the egg developmental stage and time to maturity. The tagged berried lobsters will then be released unharmed. The EFP would waive the prohibition on removal of eggs specified at 50 CFR 697.7(c)(1)(iv) for a maximum of 16 participating vessels and is limited to the 150 pre-tagged berried lobsters in this project. The Director, State, Federal and Constituent Programs Office, Northeast Region, NMFS (Office Director) has made a preliminary determination that the subject EFP application contains all the required information and warrants further consideration. The Office Director has also made a preliminary determination that the activities authorized under the EFPs would be consistent with the goals and objectives of Federal management of the American lobster resource. However, further review and consultation may be necessary before a final determination is made to issue EFPs. Therefore, NMFS announces that the Office Director proposes to issue EFPs that would allow a maximum of 16 Federally permitted commercial fishing vessels to participate in the continuation of a project designed to monitor the movement of berried lobsters in two inshore locations in the vicinity of Portsmouth, New Hampshire, and Friendship, Maine, and in two offshore locations along the northern edge of Georges Bank and in Corsair and Lydonia Canyons to the southeast of Georges Bank. This project would not involve the authorization of any additional trap gear, and all trap gear would conform to existing Federal lobster regulations. There would be no anticipated adverse effects on protected resources or habitat as a result of this research. Therefore, this document invites comments on the issuance of EFPs to allow a maximum of 16 commercial fishing vessels in possession of Federal lobster permits to remove a maximum of 10 eggs each time any one of the 150 tagged berried lobsters are captured during the course of normal fishing operations in the designated study areas. DATES: Comments on this lobster EFP notification for berried lobster monitoring and data collection must be received on or before April 24, 2006. ADDRESSES: Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope “Comments - Lobster EFP Proposal”. Comments also may be sent via facsimile
(fax)to 978-281-9117. Comments on the Lobster EFP Proposal may be submitted by e-mail. The mailbox address for providing e-mail comments is *Lobster2006@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: “Comments - Lobster EFP Proposal”. FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management Specialist,
(978)281-9234, fax (978)-281-9117. SUPPLEMENTARY INFORMATION: Background The regulations that govern exempted fishing, at 50 CFR 600.745(b) and 697.22 allow the Regional Administrator to authorize for limited testing, public display, data collection, exploration, health and safety, environmental clean-up, and/or hazardous removal purposes, and the targeting or incidental harvest of managed species that would otherwise be prohibited. An EFP to authorize such activity may be issued, provided there is adequate opportunity for the public to comment on the EFP application, the conservation goals and objectives of Federal management of the American lobster resource are not compromised, and issuance of the EFP is beneficial to the management of the species. The American lobster fishery is one of the most valuable fisheries in the northeastern United States. In 2004, approximately 75 million pounds (34,169 metric tons (mt)) of American lobster were landed with an ex-vessel value of approximately 315 million dollars. Operating under the Atlantic States Marine Fisheries Commission's interstate management process, American lobster are managed in state waters under Amendment 3 to the American Lobster Interstate Fishery Management Plan (Amendment 3). In Federal waters of the Exclusive Economic Zone (EEZ), lobster is managed under Federal regulations at 50 CFR part 697. Amendment 3, and compatible Federal regulations established a framework for area management, which includes industry participation in the development of a management program which suits the needs of each lobster management area while meeting targets established in the Interstate Fisheries Management Program. The industry, through area management teams, with the support of state agencies, have played a vital role in advancing the area management program. American lobster experience very high fishing mortality rates throughout their range, from Canada to Cape Hatteras, North Carolina. Although harvest and population abundance are near record levels due to high recent recruitment and favorable environmental conditions, there is significant risk of a sharp drop in abundance, and such a decline would have serious implications. To facilitate the development of effective management tools, extensive monitoring and detailed data on the biology and composition of lobsters throughout the range of the resource are necessary. To facilitate effective management, this proposed EFP would monitor egg growth and development of tagged berried lobsters in four study areas using traditional lobster trap gear. Proposed EFP The EFP proposes to continue the collection of statistical and scientific information as part of a project, originally announced in the **Federal Register** on October 21, 2004 (69 FR 19165), that is designed to monitor the movement of tagged berried lobsters to collect data that will assist in the assessment of the lobster resource and in the development of management practices appropriate to the fishery. Participants in this project are funded by, and under the direction of the Northeast Consortium, a group of four research institutions (University of New Hampshire, University of Maine, Massachusetts Institute of Technology, and Woods Hole Oceanographic Institution) which are working together to foster this initiative. Each of the maximum of 16 commercial fishing vessels in possession of Federal lobster permits involved in this monitoring and data collection program would collect temperature data and a maximum of 10 eggs from each tagged berried lobster harvested using traditional lobster trap gear. Participating vessels would collect data from each of the four general study areas in the vicinity of Portsmouth, New Hampshire, and Friendship, Maine, the northern edge of Georges Bank and in the vicinity of Corsair and Lydonia Canyons along the southern edge of Georges Bank. This EFP would not involve the authorization of any additional lobster trap gear in the study areas. The participating vessels may retain on deck tagged egg bearing female lobsters, in addition to legal lobsters, for the purpose of collecting temperature data from the attached Tidbit temperature-loggers, and for the purpose of collecting a maximum of 10 eggs from each tagged berried lobster to allow researchers to estimate the egg developmental stage and time to maturity. All berried lobsters would be returned to the sea as quickly as possible after data collection. Pursuant to 50 CFR 600.745(b)(3)(v), the Regional Administrator may attach terms and conditions to the EFP consistent with the purpose of the exempted fishing. This project would not involve the authorization of any additional lobster trap gear. All traps fished by the participating vessels would comply with all applicable lobster regulations specified at 50 CFR part 697. To allow for the collection of temperature data and the removal of a maximum of 10 eggs from each tagged berried lobster, the EFP would waive the American lobster prohibition on removal of eggs specified at 50 CFR 697.7(c)(1)(iv). All sample collections would be conducted by a maximum of 16 federally permitted commercial fishing vessels, during the course of regular commercial fishing operations. There would not be observers or researchers onboard every participating vessel. This project, including the lobster handling protocols, was initially developed in consultation with University of New Hampshire scientists. To the greatest extent practicable, these handling protocols are designed to avoid unnecessary adverse environmental impact on lobsters involved in this project, while achieving the data collection objectives of this project. Authority: 16 U.S.C. 1801 *et seq.* Dated: April 3, 2006. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-5119 Filed 4-6-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 033006D] Taking and Importing of Marine Mammals AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; affirmative finding renewal. SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has renewed the affirmative finding for the Government of Spain under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the Eastern Tropical Pacific Ocean
(ETP)in compliance with the International Dolphin Conservation Program
(IDCP)by Spanish-flag purse seine vessels or purse seine vessels operating under Spanish jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Government of Spain and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State. DATES: The renewal is effective from April 1, 2006, through March 31, 2007. FOR FURTHER INFORMATION CONTACT: Regional Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213; phone 562-980-4000; fax 562-980-4018. SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 *et seq.* , allows the entry into the United States of yellowfin tuna harvested by purse seine vessels in the ETP under certain conditions. If requested by the harvesting nation, the Assistant Administrator will determine whether to make an affirmative finding based upon documentary evidence provided by the government of the harvesting nation, the IATTC, or the Department of State. The affirmative finding process requires that the harvesting nation is meeting its obligations under the IDCP and obligations of membership in the IATTC. Every 5 years, the government of the harvesting nation must request an affirmative finding and submit the required documentary evidence directly to the Assistant Administrator. On an annual basis, NMFS will review the affirmative finding and determine whether the harvesting nation continues to meet the requirements. A nation may provide information related to compliance with IDCP and IATTC measures directly to NMFS on an annual basis or may authorize the IATTC to release the information to NMFS to annually renew an affirmative finding determination without an application from the harvesting nation. An affirmative finding will be terminated, in consultation with the Secretary of State, if the Assistant Administrator determines that the requirements of 50 CFR 216.24(f) are no longer being met or that a nation is consistently failing to take enforcement actions on violations, thereby diminishing the effectiveness of the IDCP. As a part of the affirmative finding process set forth in 50 CFR 216.24(f), the Assistant Administrator considered documentary evidence submitted by the Government of Spain or obtained from the IATTC and the Department of State and has determined that Spain has met the MMPA's requirements to receive an annual affirmative finding renewal. After consultation with the Department of State, the Assistant Administrator issued the Government of Spain's annual affirmative finding renewal, allowing the continued importation into the United States of yellowfin tuna and products derived from yellowfin tuna harvested in the ETP by Spanish-flag purse seine vessels or purse seine vessels operating under Spanish jurisdiction. Spain's affirmative finding will remain valid through March 31, 2010, subject to subsequent annual reviews by NMFS. Dated: April 3, 2006. James W. Balsiger, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. E6-5120 Filed 4-6-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 033006C] Taking and Importing of Marine Mammals AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; affirmative finding renewal. SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has renewed the affirmative finding for the Government of Mexico under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the Eastern Tropical Pacific Ocean(ETP) in compliance with the International Dolphin Conservation Program
(IDCP)by Mexican-flag purse seine vessels or purse seine vessels operating under Mexican jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Government of Mexico and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State. DATES: The renewal is effective from April 1, 2006, through March 31, 2007. FOR FURTHER INFORMATION CONTACT: Regional Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213; phone 562-980-4000; fax 562-980-4018. SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 *et seq.* , allows the entry into the United States of yellowfin tuna harvested by purse seine vessels in the ETP under certain conditions. If requested by the harvesting nation, the Assistant Administrator will determine whether to make an affirmative finding based upon documentary evidence provided by the government of the harvesting nation, the IATTC, or the Department of State. The affirmative finding process requires that the harvesting nation is meeting its obligations under the IDCP and obligations of membership in the IATTC. Every 5 years, the government of the harvesting nation must request an affirmative finding and submit the required documentary evidence directly to the Assistant Administrator. On an annual basis, NMFS will review the affirmative finding and determine whether the harvesting nation continues to meet the requirements. A nation may provide information related to compliance with IDCP and IATTC measures directly to NMFS on an annual basis or may authorize the IATTC to release the information to NMFS to annually renew an affirmative finding determination without an application from the harvesting nation. An affirmative finding will be terminated, in consultation with the Secretary of State, if the Assistant Administrator determines that the requirements of 50 CFR 216.24(f) are no longer being met or that a nation is consistently failing to take enforcement actions on violations, thereby diminishing the effectiveness of the IDCP. As a part of the affirmative finding process set forth in 50 CFR 216.24(f), the Assistant Administrator considered documentary evidence submitted by the Government of Mexico or obtained from the IATTC and the Department of State and has determined that Mexico has met the MMPA's requirements to receive an annual affirmative finding renewal. After consultation with the Department of State, the Assistant Administrator issued the Government of Mexico's annual affirmative finding renewal, allowing the continued importation into the United States of yellowfin tuna and products derived from yellowfin tuna harvested in the ETP by Mexican-flag purse seine vessels or purse seine vessels operating under Mexican jurisdiction. Mexico's affirmative finding will remain valid through March 31, 2010, subject to subsequent annual reviews by NMFS. Dated: April 3, 2006. James W. Balsiger, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. E6-5121 Filed 4-6-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Contracting Policy for Hydrographic Services AGENCY: National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice and Request for Comment. SUMMARY: The NOAA National Ocean Service
(NOS)has drafted an updated contracting policy for hydrographic services. NOAA seeks public comment on this policy in accordance with the Congressional request made during the FY 2005 appropriation process to develop a strategy for expanding mapping and charting contracting with private entities. NOAA will consider comments from the public before finalizing its contracting policy. The final policy will be published in May 2006. DATES: Comments must be submitted within 30 days of the date of this notice. ADDRESSES: Written comments should be submitted to Ashley Chappell, Office of Coast Survey, National Ocean Service, NOAA (N/CS), 1315 East West Highway, Station 6113, Silver Spring, MD 20910. Written comments may be faxed to
(301)713-4019, Attention: Ashley Chappell. Comments by e-mail should be submitted to *ashley.chappell@noaa.gov.* FOR FURTHER INFORMATION CONTACT: Ashley Chappell, Office of Coast Survey, National Ocean Service, NOAA (N/CS), 1315 East West Highway, Station 6110 Silver Spring, Maryland 20910; Telephone: 301-713-2770 ext. 148. SUPPLEMENTARY INFORMATION: The following documentation is the draft contracting policy for hydrographic services within the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS). Appendices referenced in the background statement are available at *http://nauticalcharts.noaa.gov/ocs/hsrp/archive/library.htm.* NOAA National Ocean Service Contracting Policy for Hydrographic Services Background In House Report 108-576, which accompanied the FY 2005 Consolidated Appropriations Act, Congress recommended that NOAA's National Ocean Service “work with the private mapping community to develop a strategy for expanding contracting with private entities to minimize duplication and take maximum advantage of private sector capabilities in fulfillment of NOAA's mapping and charting responsibilities.” To satisfy this requests, NOAA issued a **Federal Register** notice for comments on the existing 1996 contracting policy (Appendix A) for surveying and mapping services. Comments received were generally supportive of the existing policy and NOAA's proactive implementation of it, with some suggestions for improvement. NOAA also consulted at public meetings with the Hydrographic Services Review Panel (HSRP), a Federal Advisory Committee established by Congress in the Hydrographic Services Improvement Act as amended, 33 U.S.C. 892c, to review the process by which NOAA's National Ocean Service procures hydrographic services and to provide recommendations for improving the process. NOAA reviewed the HSRP recommendations (Appendix B) and public comments (Appendix C) and incorporated many of the suggestions in the draft revision to the current contracting policy. This policy revision is being published to the **Federal Register** to allow for further public comment. NOAA Hydrographic Services Contracting Policy NOAA recognizes that qualified commercial sources can provide competent, professional, cost-effective hydrographic services to NOAA in support of its mapping and charting mission for enhancing navigation safety. NOAA also recognizes that the provision of hydrographic services, including the acquisition and dissemination of hydrographic and shoreline data, is a core mission requirement of NOAA under the Act of 1947 (known as the Coast and Geodetic Survey Act), 33 U.S.C. 883a *et seq.,* and the 1998 Hydrographic Services Improvement Act (HSIA), as amended in 2002, 33 U.S.C. 892 *et seq.* In the interest of public and environmental safety, the Federal government's responsibility for executing its hydrographic services missions is manifest and non-delegable. Therefore, it is incumbent upon NOAA, as recommended by the HSRP, to maintain its operational hydrographic services core capability, and contract for the remainder of its hydrographic services to the extent of available funding. In general, it is the intent of NOAA to contract for hydrographic services when qualified commerical sources exist, and when such contracts are the most cost effective method of conducting these functions. This policy documents the framework and conditions under which contracting will be employed to ensure an open and consistent approach. To support this policy, NOAA will maintain a dialogue with private sector organizations and constituent groups. For the purposes of this policy, the term “hydrographic services” is defined in the HSIA to include “the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, geodetic, geospatial, geomagnetic, and tide and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data.” Policy NOAA will acquire hydrographic services from qualified sources in accordance with applicable Federal Acquisition Regulations
(FAR)and as authorized and directed under the Act of 1947 and the HSIA, including use of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 1101-1104, when appropriate. Commonly known as the “Brooks Act,” these contracting procedures are used in certain situations where the professional nature of the services to be procured requires that potential contractors have specialized technical expertise. NOAA may determine that a particular surveying or mapping activity is inherently governmental. NOAA surveying and mapping activities considered inherently governmental in nature may include services necessary to:
(1)Monitor the quality of NOAA products;
(2)promulgate and promote national and international technical standards and specifications;
(3)conduct basic research and development and ensure the rapid transfer to the private sector of the derived technology;
(4)maintain the Federal geodetic and navigational databases necessary to support safe and efficient marine operations;
(5)support coastal stewardship ecosystem applications; and
(6)support Maritime Domain Awareness and Homeland Security preparation and response, including maintaining a response capability to provide emergency services and support in response to natural and manmade disasters and other unforeseen requirements. To carry out the above activities, and to adequately monitor contracted services, NOAA will maintain a core capability of field and office expertise. The government's interests and responsibilities for surveying and mapping vary broadly, and experience has shown that maintaining flexibility is essential in responding to the Nation's changing needs for updated surveying and mapping data. Therefore, NOAA may task qualified commercial sources to conduct surveying and mapping services in any part of the U.S. Exclusive Economic Zone for any NOAA mission-related purpose, irrespective of pre-defined priority categories such as those documented in the NOAA Hydrographic Surveying Priorities. Ancillary Statements and Actions As recommended by the HSRP, NOAA will continue to utilize a mix of in-house and private-sector resources to accomplish its hydrographic services missions. Costs and productivity will be closely monitored within each category ( *i.e.,* public and private) to ensure best use of hydrographic services resources. NOAA will also seek to determine the optimal resource allocation between in-house and private-sector resources based on the strength of the governmental interest, the total requirement for mapping and charting services, and the particular operational capabilities of either government or private-sector resources that may make one more suitable. NOAA will continue to examine ways to improve its contracting process, such as methods of minimizing the turnover frequency of contracting personnel and for reducing the length of time required to award contracts and task orders. NOAA will maintain its offer of debriefings to successful and unsuccessful hydrographic services contractors after final selection has taken place. The purpose of these debriefings is to assist contractors with identifying significant weaknesses or deficiencies in their submissions. NOAA is also exploring the establishment an Ocean and Coastal Mapping Training Center. The Training Center was initially conceived as a curriculum to support NOAA's in-house hydrographic surveying training requirements. But NOAA now recognizes value in broadening the Center's scope to include training for NOAA and private sector contractors in techniques, standards, and technologies that support NOAA's many shoreline, coastal, and ocean mapping activities. This concept builds an NOAA's annual Hydrographic Training and Field Procedures Workshops currently held for NOAA personnel and its hydrographic services contractors to train and trade valuable lessons learned from surveying experience. Such training would be beneficial to current or prospective NOAA contractors seeking to strengthen their proposal submissions. To view Appendix A, B, or C; the 1996 National Ocean Service Contracting Policy; the Brooks Act, or the Acts authorizing NOAA Navigation Services programs, visit *http://nauticalcharts.noaa.gov/ocs/hsrp/archive/library.htm.* Dated: March 28, 2006. Roger L. Parsons, Director, Office of Coast Survey, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 06-3340 Filed 4-6-06; 8:45 am]
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CFR
11 references not yet in our index
- 41 USC 46-48c
- 41 CFR 51
- 41 USC 47(a)
- 374 F. Supp. 2
- 70 F. Supp. 2d 1350
- 50 CFR 697.7(c)(1)(iv)
- 50 CFR 600.745(b)
- 50 CFR 697
- 50 CFR 600.745(b)(3)(v)
- 50 CFR 216.24(f)
- 40 USC 1101-1104
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F. Supp.374 F. Supp. 2
F. Supp.70 F. Supp. 2d 1350
Cite41 USC 46-48c
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