Notices. Notice of availability and request for public comments

2,710 words·~12 min read·/register/2006/06/12/06-5290

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3510-DT-M DEPARTMENT OF COMMERCE International Trade Administration [A-549-502] Circular Welded Carbon Steel Pipes and Tubes from Thailand: Notice of Court Decision Not In Harmony with Final Results of Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 16, 2006, the Court of International Trade

(CIT)sustained the Department of Commerce's (Department's) redetermination regarding the 2002-2003 antidumping duty administrative review of certain welded carbon steel pipes and tubes (pipes and tubes) from Thailand. Pursuant to the Court's remand order, in its redetermination the Department deducted section 201 duties from export price in accordance with 19 U.S.C. § 1677a(c)(2)(A). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in *The Timken Company v. United States and China National Machinery and Equipment Import and Export Corporation* , 893 F.2d 337 (Fed. Cir. 1990) ( *Timken* ), the Department is publishing this notice of the CIT's decision which is not in harmony with the Department's determination in the 2002-2003 antidumping duty administrative review of pipes and tubes from Thailand. EFFECTIVE DATE: May 26, 2006. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, Room 1870, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-5255 or

(202)482-1391, respectively. SUPPLEMENTARY INFORMATION: Background On March 5, 2002, the President of the United States imposed safeguard duties on imports of certain steel products under Section 201 of the Trade Act of 1974. *See Proclamation No. 7529* , 67 FR 10553 (March 7, 2002) (section 201 duties). This proclamation mandated payment of a 15 percent duty on certain imported steel products from March 20, 2002, through March 19, 2003. *Id* . at 10590. These duties were applicable to the merchandise that is also subject to the antidumping duty order on pipes and tubes from Thailand. On April 8, 2004, the Department issued the preliminary results of the administrative review covering the period March 1, 2002, through February 28, 2003. *See Certain Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary Results of Antidumping Duty Administrative Review* , 69 FR 18539 ( *Preliminary Results* ). This administrative review involved one company, Saha Thai Steel Pipe Company, Ltd. (Saha Thai). For purposes of the preliminary results of review, the Department decided not to adjust U.S. price, pending the Department's final consideration of comments solicited in *Antidumping Proceedings: Treatment of Section 201 Duties and CVD Duties* , 68 FR 53104 (September 9, 2003), on the treatment of section 201 duties. The resulting antidumping duty margin was 2.00 percent. *See Preliminary Results* . In the final results of review, after considering the arguments of the parties, the Department followed the practice established in *Stainless Steel Wire Rod from Republic of Korea: Final Results of Antidumping Duty Administrative Review* , 69 FR 19153 (April 12, 2004) ( *Final Results* ) and did not deduct the section 201 duties from EP. The margin calculated for the final results was de minimis (0.17 percent). *See Certain Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review* , 69 FR 61649 (October 20, 2004). Before the court, the plaintiffs, domestic parties (Wheatland Tube Company and Allied Tube & Conduit Corporation), raised three issues - two related to section 201 duties - and one related to duty drawback. The Court affirmed the Department on two issues - the duty drawback and the adjustment to U.S. price for billing adjustments tied to the section 201 duties. Wheatland Tube Co. v. United States, 414 F. Supp. 2d. 1271 (CIT 2006). However, the Court overturned the Department's decision to treat section 201 duties in the same way it treats antidumping duties and directed the Department “to recalculate Saha Thai's dumping margin after deducting section 201 duties from EP (export price) in accordance with 19 U.S.C. § 1677a(c)(2)(A).” *Id* . At 1288. On March 1, 2006, the Department filed the results of its redetermination pursuant the Court's remand. In the redetermination, the Department followed the Court's order and deducted the section 201 duties from export price. The resulting antidumping duty margin was 4.13 percent. On May 16, 2006, the Court sustained the Department's remand redetermination. *Wheatland Tube Co. v. United States* , Slip Op 06-71. Notification In its decision in *Timken* , the Federal Circuit held that, pursuant to 19 U.S.C. 1516a(e), the Department must publish notice of a CIT decision which is not “in harmony” with the Department's determination. The CIT's decision in *Wheatland Tube Company* regarding the 201 duties is not in harmony with the Department's determination in the final results of 2002-2003 antidumping duty administrative review of pipes and tubes from Thailand. Therefore, publication of this notice fulfils the Department's obligation under 19 U.S.C. 1516a(e). The Department will enforce the injunction still in place by continuing to suspend liquidation of any unliquidated entries, pending the expiration of the period to appeal the CIT's May 16, 2006, decision, or, if that decision is appealed, pending a final decision by the Federal Circuit. If the CIT decision becomes final and conclusive, the Department will issue amended final results and amended customs instructions. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: June 5, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-9124 Filed 6-9-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 053006A] U.S. Climate Change Science Program Synthesis and Assessment Product Prospectuses AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of availability and request for public comments. SUMMARY: The National Oceanic and Atmospheric Administration publish this notice to announce the availability of draft Prospectuses for three of the U.S. Climate Change Science Program

(CCSP)Synthesis and Assessment Products (Products) for public comment. These draft Prospectuses address the following CCSP Topics: Product 4.4 Preliminary Review of Adaptation Options for Climate-Sensitive Ecosystems and Resources; Product 4.6 Analyses of the Effects of Global Change on Human Health and Welfare and Human Systems; and Product 5.2 Best Practice Approaches for Characterizing, Communicating and Incorporating Scientific Uncertainty in Climate Decision Making. After consideration of comments received on the draft Prospectuses, the final Prospectuses along with the comments received will be published on the CCSP web site. DATES: Comments must be received by July 12, 2006. ADDRESSES: The draft Prospectuses is posted on the CCSP Program Office web site. The web addresses to access the draft Prospectuses are: Product 4.4 (Ecosystems): *http://www.climatescience.gov/Library/sap/* *sap4-4/default.htm* Product 4.6 (Health): *http://www.climatescience.gov/Library/* *sap/sap4-6/default.htm* Product 5.2 (Uncertainty) *http://www.climatescience.gov/Library/* *sap/sap5-2/default.htm* Detailed instructions for making comments on the draft Prospectuses are provided with each Prospectus. Comments should be prepared in accordance with these instructions. FOR FURTHER INFORMATION CONTACT: Vanessa Richardson, Climate Change Science Program Office, 1717 Pennsylvania Avenue NW, Suite 250, Washington, DC 20006, Telephone:

(202)419-3465. SUPPLEMENTARY INFORMATION: The CCSP was established by the President in 2002 to coordinate and integrate scientific research on global change and climate change sponsored by 13 participating departments and agencies of the U.S. Government. The CCSP is charged with preparing information resources that support climate-related discussions and decisions, including scientific synthesis and assessment analyses that support evaluation of important policy issues. The Prospectuses addressed by this notice provide a topical overview and describe plans for scoping, drafting, reviewing, producing, and disseminating three of 21 final synthesis and assessment Products that will be produced by the CCSP. Dated: June 5, 2006. Conrad C. Lautenbacher, Jr., Vice Admiral, U.S. Navy (Ret.),Under Secretary of Commerce for Oceans and Atmosphere. [FR Doc. E6-9126 Filed 6-9-06; 8:45 am] BILLING CODE 3510-12-S DEPARTMENT OF DEFENSE Defense Logistics Agency [DOD-2006-OS-0138] Privacy Act of 1974; Systems of Records AGENCY: Defense Logistics Agency, DoD. ACTION: Notice to amend a system of records. SUMMARY: The Defense Logistics Agency is amending a system of records notice to its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This action will be effective without further notice on July 12, 2006 unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221. FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at

(703)767-6183. SUPPLEMENTARY INFORMATION: The Defense Logistics Agency notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendment is not within the purview of subsection

(r)of the Privacy Act of 1974, (5 D.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: June 5, 2006. C.R. Choate, Alternate OSD Federal Register Liaison Officer, Department of Defense. S300.10 CAH System name: Voluntary Leave Transfer Program Records (August 3, 1999, 64 FR 42100) . Changes: System identifier: Delete “CAH” from entry. System location: Delete entry and replace with: “Human Resources Policy and Information, Headquarters, Defense Logistics Agency, 8725 John J. Kingman Road, Stop 6231, Fort Belvoir, VA 22060-6221, and the Human Resources Offices of the Defense Logistics Agency

(DLA)Field Activities. Official mailing addresses are published as an appendix to DLA's compilation of systems of records notices.” Categories of records in the system: Delete “number of hours requested” from entry. Authority for maintenance of the system: Delete entry and replace with: “5 U.S.C. 301, Departmental Regulations; 5 U.S.C. Chapter 63, sections 6331-6339, Leave; Pub. L. 103-103, Federal Employees Leave Sharing Act of 1993; 5 CFR Part 630, Absence and Leave, Subpart I, Voluntary Leave Transfer Program; and E.O. 9397 (SSN).” System manager(s) and address: Delete entry and replace with: “Staff Director, Human Resources Policy and Information, Defense Logistics Agency, ATTN: J-1, 8725 John J. Kingman Road, Stop 6231, Fort Belvoir, VA 22060-6221, and the Human Resources Officers of the DLA Field Activities. Official mailing addresses are published as an appendix to DLA's compilation of systems of records notices.” Notification procedure: Delete first paragraph and replace with: “Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221 or to the Human Resources Office of the DLA Field Activity involved. Official mailing addresses are published as an appendix to DLA's compilation of systems of records notices.” Record access procedures: Delete first paragraph and replace with: “Individuals seeking access to information about themselves contained in this system should address written inquiries to the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221 or to the Human Resources Office of the DLA Field Activity involved. Official mailing addresses are published as an appendix to DLA's compilation of systems of records notices.” Contesting record procedures: Delete entry and replace with: “The DLA rules for accessing records, for contesting contents, and appealing initial agency determinations are contained in 32 CFR part 323, or may be obtained from the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221.” S300.10 System name: Voluntary Leave Transfer Program Records. System location: Human Resources Policy and Information, Headquarters, Defense Logistics Agency, 8725 John J. Kingman Road, Stop 6231, Fort Belvoir, VA 22060-6221, and the Human Resources Offices of the Defense Logistics Agency

(DLA)Field Activities. Official mailing addresses are published as an appendix to DLA's compilation of systems of records notices. Categories of individuals covered by the system: Individuals who have volunteered to participate in the leave transfer program as either a donor or a recipient. Categories of records in the system: Leave recipient records contain the individual's name, organization, office telephone number, Social Security Number, position title, grade, pay level, leave balances, brief description of the medical or personal hardship which qualifies the individual for inclusion in the program, the status of that hardship, and a statement that selected data elements may be used in soliciting donations. The file may also contain medical or physician certifications and agency approvals or denials. Donor records include the individual's name, organization, office telephone number, Social Security Number, position title, grade, and pay level, leave balances, number of hours donated and the name of the designated recipient. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations; 5 U.S.C. Chapter 63, sections 6331-6339, Leave; Pub.L. 103-103, Federal Employees Leave Sharing Act of 1993; 5 CFR Part 630, Absence and Leave, Subpart I, Voluntary Leave Transfer Program; and E.O. 9397 (SSN). Purpose(s): Records are used to manage the DLA Voluntary Leave Transfer Program. The recipient's name, position data, organization, and a brief hardship description are published internally for passive solicitation purposes. The Social Security Number is sought to effectuate the transfer of leave from the donor's account to the recipient's account. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To the Department of Labor in connection with a claim filed by an employee for compensation due to a job-connected injury or illness; where leave donor and leave recipient are employed by different Federal agencies, to the personnel and pay offices of the Federal agency involved to effectuate the leave transfer. The DoD ‘Blanket Routine Uses’ set forth at the beginning of DLA's compilation of systems of records notices apply to this record system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Records are stored on paper and electronic storage media. Retrievability: Records are retrieved by name or Social Security Number. Safeguards: Records are maintained in areas accessible only to DLA personnel who must use the records to perform their duties. The computer files are password protected with access restricted to authorized users. Records are secured in locked or guarded buildings, locked offices, or locked cabinets during non-duty hours. Retention and disposal: Records are destroyed one year after the end of the year in which the file is closed. System manager(s) and address: Staff Director, Human Resources Policy and Information, Defense Logistics Agency, ATTN: J-1, 8725 John J. Kingman Road, Stop 6231, Fort Belvoir, VA 22060-6221, and the Human Resources Officers of the DLA Field Activities. Official mailing addresses are published as an appendix to DLA's compilation of systems of records notices. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221 or to the Human Resources Office of the DLA Field Activity involved. Official mailing addresses are published as an appendix to DLA's compilation of systems of records notices. Individual should provide full name and Social Security Number. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221 or to the Human Resources Office of the DLA Field Activity involved. Official mailing addresses are published as an appendix to DLA's compilation of systems of records notices. Individual should provide full name and Social Security Number. Contesting record procedures: The DLA rules for accessing records, for contesting contents, and appealing initial agency determinations are contained in 32 CFR part 323, or may be obtained from the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221. Record source categories: Record subject; personnel and leave records; and medical certification and similar data. Exemptions claimed for the system: None. [FR Doc. 06-5290 Filed 6-9-06; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

U.S. Code

5 references not yet in our index