Notices. Additions to the Procurement List
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BILLING CODE 3410-11-M COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List Additions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to the Procurement List. SUMMARY: This action adds to the Procurement List products and a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. DATES: *Effective Date:* October 21, 2007. 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: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov* . SUPPLEMENTARY INFORMATION: On June 15 and July 20, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 33200; 39786) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and service and impact of the additions on the current or most recent contractors, the Committee has determined that the products 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 products and service to the Government. 2. The action will 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 services proposed for addition to the Procurement List. End of Certification Accordingly, the following products and service are added to the Procurement List: Products Glow Plug NSN: 2920-01-456-6985. NPA: Shares Inc., Shelbyville, IN. Contracting Activity: Defense Supply Center Columbus, Columbus, OH. Coverage: C-List for the requirements of the Defense Supply Center Columbus, Columbus, OH. Portfolio, Writing, CAMO (ACU Digitized) NSN: 7510-00-NIB-0753—Memo size w/pad. NSN: 7510-00-NIB-0764—Letter Size w/pad. NSN: 7510-00-NIB-0765—Memo Size w/brass clip and pad. NSN: 7510-00-NIB-0766—Letter Size w/brass clip and pad. NSN: 7510-00-NIB-0805—US Army Logo. Memo Size w/pad. NSN: 7510-00-NIB-0808—Pocket Size w/pad. NPA: New York City Industries for the Blind, Inc., Brooklyn, NY. Coverage: A-List for the total Government requirements as specified by the General Services Administration. Portfolio, Writing, Custom Color and logo NSN: 7510-00-NIB-0806—Memo Size w/pad. NPA: New York City Industries for the Blind, Inc., Brooklyn, NY. Coverage: B-List for the broad Government requirements of the General Services Administration. Contracting Activity: General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY. Service Service Type/Location: Commissary Warehousing, Warehouse Building 3335, 3335 Central Avenue, Suite 100, Eielson AFB, AK. NPA: Fairbanks Resource Agency, Fairbanks, AK. Contracting Activity: Defense Commissary Agency, Fort Lee, VA. This action does not affect current contracts awarded prior to the effective date of this addition or options that may be exercised under those contracts. Louis R. Bartalot, Director, Program Analysis and Evaluation. [FR Doc. E7-18630 Filed 9-20-07; 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 ACTION: Proposed Additions to and Deletions from the Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a product and a service previously furnished by such agencies. *Comments Must be Received on or Before:* October 21, 2007. 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: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@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 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 services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the 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 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 services are proposed for addition to Procurement List for production by the nonprofit agencies listed: Services Service Type/Location: Grounds Maintenance, Naval Support Activity, 2300 General Meyers Avenue, Algiers, LA. NPA: Goodworks, Inc., Metairie, LA. Contracting Activity: Naval Facilities Engineering Command (NAVFAC)—SE, New Orleans, LA. Service Type/Location: Janitorial/Grounds Maintenance, Customs and Border Protection, New Sector Headquarters, 211 Aten Road, Imperial, CA. NPA: ARC-Imperial Valley, El Centro, CA. Contracting Activity: Department of Homeland Security, Customs and Border Protection, Washington, DC. Service Type/Location: Tele-Services—Tier 1 & Other Support Services, Centers for Medicare and Medicaid Services, Beneficiary Contact Center Facility (BCC), 2400 Oakdale Boulevard, Coralville, IA. NPA: Peckham Vocational Industries, Inc., Lansing, MI. Contracting Activity: Department of Health & Human Services, Centers for Medicare and Medicaid Services, Baltimore, MD. 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 product 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 product and service proposed for deletion from 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 service are proposed for deletion from the Procurement List: Product Diaper, Infant's NSN: 6532-01-127-2213—Diaper, Infants. NPA: Lions Industries for the Blind, Inc., Kinston, NC. Contracting Activity: Defense Supply Center Philadelphia, Philadelphia, PA. Service Service Type/Location: Duplicating Service, (GPO Program C285-S), Federal Bureau of Investigation, Criminal Justice Information Services Complex, Clarksburg, WV. NPA: Job Squad, Inc., Bridgeport, WV. Contracting Activity: Government Printing Office, Washington, DC. Louis R. Bartalot, Director, Program Analysis and Evaluation. [FR Doc. E7-18631 Filed 9-20-07; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board (Docket 4-2007) MPM Silicones, LLC - Application for Subzone Status Reopening of Comment Period On September 11, 2007, MPM Silicones, LLC (Momentive) submitted to the FTZ Board a supplement to its application which contains new substantive factual information on which there has not been an opportunity for public comment. As a result, the comment period for the case referenced above is being reopened to October 22, 2007, to allow interested parties time in which to comment. Rebuttal comments may be submitted during the subsequent 15-day period, until November 5, 2007. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at: Foreign-Trade Zones Board, U.S. Department of Commerce, Room 2111, 1401 Constitution Ave. NW, Washington, DC 20230. For further information, contact Elizabeth Whiteman at Elizabeth_Whiteman@ita.doc.gov or
(202)482-0473. Dated: September 12, 2007. Andrew McGilvray, Executive Secretary. [FR Doc. E7-18713 Filed 9-20-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 46-2007] Request for Comments on Uniform Treatment (and Related Issues) in Local Access to Foreign-Trade Zone Procedures Pursuant to the Foreign-Trade Zones Act of 1934, as amended (19 U.S.C. 81a-81u), many local (primarily public) entities have been granted the privilege of establishing foreign-trade zones
(FTZs)within or adjacent to U.S. Customs and Border Protection ports of entry. Section 81n of the FTZ Act states, in part, that each such “grantee” of a local FTZ shall operate the zone “as a public utility, and all rates and charges for all services or privileges within the zone shall be fair and reasonable. . . .” In addition, the FTZ Act states that “the grantee shall afford to all who may apply to use the zone . . . uniform treatment under like conditions . . . .” (19 U.S.C. 81n). Concerns have been raised to the FTZ Board related to uniform treatment in local access (including possible conflicts of interest) where a third-party agent of the grantee(s) may effectively control access to FTZ procedures in a particular community or region. Potential conflicts of interest may be linked to the non-grantee entity also engaging in business -- in competition with other private firms -- to provide various FTZ-related services to potential users of the zone. In this context, we believe that it is appropriate for the FTZ Board to gather information and various parties' views related to potential conflicts of interest in local access to FTZ procedures, including regarding practices that parties believe may be inconsistent with the FTZ Act or the FTZ Board's regulations. Comment is invited from interested parties. To enable the FTZ Board to gain a full understanding of the range of potential issues, parties may present both current and historical information. Submissions in response to this notice should be marked with “Docket 46-2007.” Business confidential documents may be submitted, if necessary. Any business confidential document should be clearly marked “BUSINESS CONFIDENTIAL” in the upper right-hand corner of each page of the document. Submissions may be faxed to
(202)482-0002. Physical submission of comments should be directed to the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. While interested parties are always encouraged to provide comments on the operation of the FTZ program, we are requesting comments on this matter by November 30, 2007, so that the Board may proceed with its examination. Questions relating to the submission of comments should be directed to Pierre Duy or Andrew McGilvray at
(202)482-2862. Dated: September 18, 2007. Andrew McGilvray, Executive Secretary. [FR Doc. E7-18697 Filed 9-20-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-351-828 Certain Hot-Rolled, Flat-Rolled Carbon Quality Steel Products from Brazil: Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Nucor Corporation, a domestic interested party (“Nucor”), the Department of Commerce (“the Department”) initiated an administrative review of the antidumping duty order on certain hot-rolled, flat-rolled carbon quality steel products (“hot rolled steel”) from Brazil. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 72 FR 20986 (April 27, 2007). This administrative review covered the period March 1, 2006, through February 28, 2007. We are now rescinding this review due to a request by Nucor to rescind the review. EFFECTIVE DATE: September 21, 2007. FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Room 7866, Washington, DC 20230; telephone:
(202)482-0195 or
(202)482-3019, respectively. SUPPLEMENTARY INFORMATION: Background The Department published an antidumping duty order on hot rolled steel from Brazil on March 12, 2002. *See Notice of Antidumping Duty Order and of Sales at Less Than Fair Value: Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products from Brazil* , 67 FR 11093 (March 12, 2002). The Department published a notice of “Opportunity to Request an Administrative Review” of the antidumping duty order for the period March 1, 2006, through February 28, 2007, on March 2, 2007. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review* , 72 FR 9505 (March 2, 2007). Nucor requested that the Department conduct an administrative review of sales of merchandise covered by the order by Companhia Siderúgica Nactional (“CSN”) and Companhia Siderúgica de Tubarão (“CST”) on March 30, 2007. In response to the request from Nucor, the Department published the initiation of the antidumping duty administrative review on hot rolled steel from Brazil on April 27, 2007. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 72 FR 20986 (April 27, 2007). The Department issued questionnaires to both CSN and CST on May 2, 2007, and issued a second questionnaire to CST on July 5, 2007. The Department received responses from CST on June 6, 2007, June 25, 2007, and July 9, 2007. On May 3, 2007, CSN submitted a letter to the Department stating that it had no shipments of hot rolled steel to the United States during the period of review. The Department issued a “No Shipment Inquiry” to U.S. Customs and Border Protection (“CBP”) on May 31, 2007, to confirm that there were no shipments or entries of hot rolled steel from Brazil exported by CSN during the period of review (“POR”) of the instant administrative review. CBP only responds to the Department's inquiry when CBP finds that there have been shipments. CBP did not respond to the Department's inquiry, and no party submitted comments. Based on this information, on July 12, 2007, the Department determined that CSN did not have any shipments or entries of hot rolled steel from Brazil during the review period. *See* Memorandum to the File, through Angelica Mendoza, Program Manager, from John Drury, Senior Case Analyst: Companhia Siderúrgica Nactional - No Shipments of Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products from Brazil Pursuant to U.S. Customs and Border Protection Inquiry. Nucor withdrew its request for review with respect to both CST and CSN on August 14, 2007. On August 15, 2007, Department officials contacted counsel for CST and inquired as to whether CST wished to continue the administrative review. Counsel for CST indicated that CST had no objection to rescinding the review. *See* Memorandum to the File, from John Drury, Senior Case Analyst: Telephone conversation with counsel for Companhia Siderúrgica de Tubarão, dated August 16, 2007. Rescission of the Administrative Review Pursuant to 19 CFR § 351.213(d)(1), the Secretary will rescind an administrative review under this section, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. The Secretary may extend this time limit if the Secretary decides that it is reasonable to do so. *See* 19 CFR § 351.213(d)(1). Nucor's request is past the 90-day time limit; however, we find that it is reasonable to extend this deadline for the following reasons:
(1)with respect to CSN, the Department determined that there were no shipments during the POR, and
(2)with respect to both CST and CSN, all parties that requested reviews have withdrawn their requests and no party has objected to the termination of the review. Therefore, the Department determines that the continuation of the administrative review is not necessary. In response to Nucor's withdrawal of its request for administrative reviews pursuant to 19 CFR § 351.213(d)(1), the Department hereby rescinds the administrative review of the antidumping duty order on hot rolled steel from Brazil for the period March 1, 2006, through February 28, 2007 for both CST and CSN. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of this rescission of administrative review. This notice serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR § 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR § 351.213(d)(4). Dated: September 13, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-18707 Filed 9-20-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-357-818] Suspension of Antidumping Duty Investigation: Lemon Juice From Argentina AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) has suspended the antidumping duty investigation involving lemon juice from Argentina. The basis for this action is an agreement between the Department and S.A. San Miguel A.G.I.C. y F. (“San Miguel”) and Citrusvil, S.A. (“Citrusvil”) to revise their prices to eliminate completely sales of this merchandise to the United States at less than fair value. DATES: *Effective Date:* September 10, 2007. FOR FURTHER INFORMATION CONTACT: Sally Gannon or James Kemp at
(202)482-0162 and
(202)482-5346, respectively, Bilateral Agreements Unit, Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On October 11, 2006, the Department initiated an antidumping duty investigation under section 732 of the Tariff Act of 1930, as amended, (“the Act”) to determine whether imports of lemon juice from Argentina are being, or are likely to be sold in the United States at less than fair value (71 FR 61710 (October 19, 2006)). On November 3, 2007, the United States International Trade Commission (“ITC”) notified the Department of its affirmative preliminary injury determination in this case * See Lemon Juice from Argentina and Mexico* , Inv. Nos. 731-TA-1105-1106 (Preliminary), USITC Pub. No. 3891 (November 2006). On April 19, 2007, the Department preliminarily determined that lemon juice is being, or is likely to be sold in the United States at less than fair value (“LTFV”), as provided in section 733 of the Act ( *Lemon Juice from Argentina: Preliminary Determination of Sales at Less than Fair Value and Affirmative Preliminary Determination of Critical Circumstances* , 72 FR 20820 (April 26, 2007) (“ *Preliminary Determination* ”)). On May 17, 2007, the Department postponed the final determination in this investigation until no later than September 10, 2007 ( *Lemon Juice from Argentina and Mexico: Postponement of Final Antidumping Duty Determinations and Extension of Provisional Measures* , 72 FR 28953 (May 23, 2007)). The Department, San Miguel, and Citrusvil, initialed a proposed agreement suspending this investigation on August 10, 2007. On August 13, 2007, we invited interested parties to provide written comments on the proposed suspension agreement. On August 24, 2007, the Department also invited interested parties to provide written comments on an issue related to the draft suspension agreement with respect to purchase orders and/or long-term contracts entered into prior to September 10, 2007. In response to our requests for comment, on August 30, 2007, we received comments from the petitioner Sunkist Growers Inc., and respondents San Miguel, and Citrusvil. We have taken these comments into consideration for the final version of the suspension agreement. The Department, San Miguel, and Citrusvil signed the suspension agreement on September 10, 2007. Scope of Investigation For a complete description of the scope of the investigation, *see, Agreement Suspending the Antidumping Investigation on Lemon Juice from Argentina* , Appendix A, signed September 10, 2007, attached hereto in Annex 1. Suspension of Investigation The Department consulted with the parties to the proceeding and has considered the comments submitted with respect to the proposed suspension agreement. In accordance with sections 734(b) and
(d)of the Act, we have determined that the agreement will completely eliminate sales at less than fair value, that the agreement is in the public interest, and that the agreement can be monitored effectively. *See, Public Interest and Effective Monitoring Memorandum* , dated September 10, 2007. *See also, Percentage of Exports Memorandum* , dated September 10, 2007. We find, therefore, that the criteria for suspension of an investigation pursuant to sections 734(b) and
(d)of the Act have been met. The terms and conditions of this agreement, signed September 10, 2007, are set forth in Annex 1 to this notice. Pursuant to section 734(f)(2)(A) of the Act, the suspension of liquidation of all entries of lemon juice from Argentina entered, or withdrawn from warehouse, for consumption, as directed in the *Preliminary Determination* is hereby terminated. Any cash deposits on entries of lemon juice from Argentina pursuant to that suspension of liquidation shall be refunded and any bonds shall be released. This notice is published pursuant to section 734(f)(1)(A) of the Act. Dated: September 10, 2007. Michelle O'Neill, Deputy Under Secretary for International Trade. Annex 1—Agreement Suspending the Antidumping Investigation on Lemon Juice from Argentina Pursuant to section 734(b) of the Tariff Act of 1930, as amended (19 U.S.C. 1673c(b)) (the “Act”), and 19 CFR 351.208 (the “Regulations”), the U.S. Department of Commerce (the “Department”) and the signatory producers/exporters of Lemon Juice from Argentina (the “Signatories”) enter into this suspension agreement (the “Agreement”). On the basis of this Agreement, on the effective date of this Agreement, the Department shall suspend its antidumping investigation initiated on October 19, 2006 (17 FR 61710) with respect to Lemon Juice from Argentina, subject to the terms and provisions set forth below.
(A)Product Coverage: For purposes of this Agreement, the merchandise covered is Lemon Juice, as described in Appendix A.
(B)U.S. Import Coverage: The signatory producers/exporters collectively are the producers and exporters in Argentina that accounted for substantially all (not less than 85 percent) of the subject merchandise imported into the United States, as provided in the Department's regulations at 19 CFR 351.208(c). The Department may, at anytime during the period of the Agreement, require additional producers/exporters in Argentina to sign the Agreement in order to ensure that not less than substantially all imports into the United States are covered by the Agreement. In reviewing the operation of the Agreement for the purpose of determining whether this Agreement has been violated or is no longer in the public interest, the Department will consider imports into the United States from all sources of the merchandise described in Section A of the Agreement. For this purpose, the Department will consider factors including, but not limited to, the following: Volume of trade, pattern of trade, whether or not the reseller is an original equipment manufacturer, and the reseller's export price (EP).
(C)Basis of the Agreement: On and after the effective date of the Agreement, each signatory producer/exporter individually agrees to make any necessary price revisions to eliminate completely any amount by which the normal value
(NV)of this merchandise exceeds the U.S. price of its merchandise subject to the Agreement. For this purpose, the Department will determine the NV in accordance with section 773(e) of the Act and U.S. price in accordance with section 772 of the Act. For details of the Department's calculation methodology under this Agreement, *see* Appendix B.
(1)For the period from the effective date of this Agreement through the release of the first NVs, each signatory producer/exporter agrees not to sell its merchandise subject to this Agreement in the United States. However, during this period and subsequent periods, as relevant, a signatory producer/exporter may proceed with deliveries of subject merchandise made pursuant to purchase orders or long-term contracts entered into prior to September 10, 2007, if the Department determines, in accordance with its regulations, that the signatory producer's/exporter's appropriate date of sale is the date of the purchase order or long-term contract ( *see* Section I(4) below). At any time, should the Department determine that the purchase order or long-term contract date was not the appropriate date of sale for a signatory producer/exporter making such deliveries, the Department may consider such deliveries to be in violation of this Agreement ( *see* Section F below). Any signatory producer/exporter making such deliveries under this Agreement must provide a one-time report to the Department, within 30 days of these deliveries having been completed, which contains a listing of the contract or purchase order dates, the delivery quantities, the dates of delivery, the entry dates, and the prices at which the subject merchandise was sold. This information will be subject to verification in accordance with Section D(4) of this Agreement.
(2)For all sales occurring on or after the date of issuance of the first NVs, through April 30, 2008 (“First Interim Period”), each signatory producer/exporter issued NVs by the Department agrees not to sell its merchandise subject to this Agreement to any purchaser in the United States at prices that are less than the NVs of the merchandise, as determined by the Department on the basis of the sales and cost information submitted by the signatory producer/exporter in the course of the underlying antidumping duty investigation. The Department will issue the final NVs to a signatory producer/exporter for the First Interim Period within 14 days after the preliminary NVs are issued pursuant to Section E(2) of this Agreement. 1 The NVs shall be valid for these particular signatory producer/exporters during both the First Interim Period and the Second Interim Period (as defined in Section C(3) below), *i.e.* , those signatory producer/exporters issued NVs for the First Interim Period will only be eligible to request new NVs for periods subsequent to the Second Interim Period in accordance with Section D of this Agreement. 1 The issuance of the NVs for any given signatory may be delayed depending on the following:
(1)Issues related to the underlying antidumping duty investigation;
(2)to allow sufficient time for signatories to respond to the Department's request for sales and cost data; and/or
(3)to resolve issues raised in comments from interested parties or by the Department. In accordance with section 773(f) of the Act, the Department will examine relevant prices and costs and, for any sales period, may disregard particular prices or costs when the prices are not in the ordinary course of trade, the costs are not in accordance with the generally accepted accounting principles, the costs do not reasonably reflect the costs associated with the production and sale of the merchandise, or in other situations provided for in the Act or the Department's regulations. Examples of possible areas in which adjustments may be necessary include, but are not limited to, costs related to energy, depreciation, transactions among affiliates, barter transactions, as well as items that are not recognized by the home country's generally accepted accounting principles.
(3)For all sales occurring from May 1, 2008 through December 31, 2008 (“Second Interim Period”), each signatory producer/exporter issued NVs by the Department agrees not to sell its merchandise subject to this Agreement to any purchaser in the United States at prices that are less than the NVs of the merchandise, as determined by the Department on the basis of information submitted to the Department not later than the dates specified in Section D of this Agreement. The final NVs for a signatory producer/exporter during the Second Interim Period shall be issued no later than April 1, 2008, and, at the Department's discretion, may become effective prior to May 1, 2008.
(4)For all sales occurring after the Second Interim Period, each signatory producer/exporter issued NVs by the Department agrees not to sell its merchandise subject to this Agreement to any purchaser in the United States at prices that are less than the NVs of the merchandise, as determined by the Department on the basis of information submitted to the Department not later than the dates specified in Section D of this Agreement and provided to the signatory producer/exporter no later than December 2 of the previous year. 2 These NVs shall apply to sales occurring during the annual period ( *i.e.* , January through December) beginning 30 days following the date on which the Department provides the NVs, as stated in this paragraph. 2 For example, on December 2, 2008, the Department will provide to each producer/exporter being issued NVs the final calculated NVs for the first ensuing annual sales period, from January 1, 2009, through December 31, 2009.
(D)Monitoring: Each signatory producer/exporter will supply to the Department all information that the Department decides is necessary to ensure that the producer/exporter is in full compliance with the terms of the Agreement. As explained below, the Department will provide each signatory producer/exporter a detailed request for information and prescribe a required format and method of data compilation, not later than the beginning of each reporting period. 3 3 As noted in Section C(2) of this Agreement, the first NVs issued for certain signatory producer/exporters may be based on sales and cost information submitted by those signatories in the underlying antidumping duty investigation, and the resulting NVs issued will apply to sales occurring between the issuance date of the NVs and December 31, 2008 ( *i.e.* , during both the First Interim Period and the Second Interim Period, as provided for in Section C(2) of this Agreement).
(1)Sales Information: The Department will require each producer/exporter to report, in electronic form in the prescribed format and using the prescribed method of data compilation, each sale of the merchandise subject to the Agreement, either directly or indirectly to unaffiliated purchasers in the United States, as well as sales in the comparison market (home or third country market, as appropriate), including each adjustment applicable to each sale, as specified by the Department. The first report of sales data, for the Second Interim Period pursuant to Section C(3) of this Agreement, shall be submitted to the Department, in electronic form ( *e.g.* , on diskette, zip disk, or CD ROM) in the prescribed format and using the prescribed method of data compilation, not later than October 1, 2007, and shall contain the specified sales information covering the period January 1, 2006, through December 31, 2006. Subsequent reports of sales data shall be submitted to the Department not later than May 1 of each year, and each report shall contain the specified sales information for the annual period ending on December 31 of the previous year, 4 except that if the Department receives information that a possible violation of the Agreement may have occurred, the Department may request sales data on a more frequent basis. 4 For example, on May 1, 2008, sales data for the period January 1, 2007, through December 31, 2007, shall be submitted to the Department.
(2)Cost Information: Producers/exporters must request NVs for all subject merchandise that will be sold in the United States. For those products which the producer/exporter is requesting NVs, the Department will require each producer/exporter to report, in the prescribed format and using the prescribed method of data compilation, the following: Its actual cost of manufacturing; selling, general and administrative (SG&A) expenses; and profit data on an annual basis. As indicated in Appendix B to this Agreement, profit will be reported by the producers/exporters on an annual basis. Each such producer/exporter also must report anticipated increases in production costs in the annual period in which the information is submitted resulting from factors such as anticipated changes in production yield, changes in production process, changes in production quantities or changes in production facilities. The first report of cost data, for the Second Interim Period pursuant to Section C(3) of this Agreement, shall be submitted to the Department not later than October 15, 2007, and shall contain the specified cost data covering the period January 1, 2006, through December 31, 2006. Each subsequent report shall be submitted to the Department not later than May 15 of each year, and each report shall contain the specified information for the annual period ending on December 31 of the previous year. 5 5 For example, on May 15, 2008, cost date for the period January 1, 2007, through December 31, 2007, shall be submitted to the Department.
(3)Special Adjustment of Normal Value: If the Department determines that the NV it determined for a previous annual period was erroneous because the reported costs for that period were inaccurate or incomplete, or for any other reason, the Department may adjust NV in a subsequent period or periods, unless the Department determines that Section F of the Agreement applies.
(4)Verification: Each producer/exporter agrees to permit full verification of all cost and sales information annually, or more frequently, as the Department deems necessary.
(5)Bundling or Other Arrangements: Producers/exporters agree not to circumvent the Agreement. In accordance with the dates set forth in Section D(1) of this Agreement, producers/exporters will submit a written statement to the Department certifying that the sales reported herein were not, or are not part of or related to, any bundling arrangement, on-site processing arrangement, discounts/free goods/financing package, swap or other exchange where such arrangement is designed to circumvent the basis of the Agreement. Where there is reason to believe that such an arrangement does circumvent the basis of the Agreement, the Department will request producers/exporters to provide within 15 days all particulars regarding any such arrangement, including, but not limited to, sales information pertaining to covered and non-covered merchandise that is manufactured or sold by producers/exporters. The Department will accept written comments, not to exceed 30 pages, from all parties no later than 15 days after the date of receipt of such producer/exporter information. If the Department, after reviewing all submissions, determines that such an arrangement circumvents the basis of the Agreement, it may, as it deems most appropriate, utilize one of two options:
(1)The amount of the effective price discount resulting from such arrangement shall be reflected in the NV in accordance with Section D(3) of this Agreement, or
(2)the Department shall determine that the Agreement has been violated and take action according to the provisions under Section F of this Agreement.
(6)Rejection of Submissions: The Department may reject any information submitted after the deadlines set forth in this section or any information which it is unable to verify to its satisfaction. If information is not submitted in a complete and timely fashion, or is not fully verifiable, the Department may calculate the NV, and/or U.S. price, based on facts otherwise available, as it determines appropriate, unless the Department determines that Section F of this Agreement applies.
(E)Disclosure and Comment:
(1)The Department may make available to representatives of each interested party to the proceeding, under appropriately drawn administrative protective orders, business proprietary information submitted to the Department during the reporting period as well as the results of its analysis under section 777 of the Act.
(2)For sales during the First Interim Period, the Department will disclose to each producer/exporter being issued NVs the preliminary results and methodology of the Department's calculations of the NVs on or after the effective date of this Agreement. 6 At that time, the Department may also make available such information to the interested parties to the proceeding in accordance with this section. 6 The Department will endeavor to issue the preliminary NVs for the First Interim Period within 30 days after the effective date of this Agreement, subject to the possible constraints noted in footnote #1 of Section C(2) of this Agreement.
(3)For sales during the Second Interim Period, the Department will disclose to each producer/exporter being issued NVs the preliminary results and methodology of the Department's calculations of the NVs no later than March 2, 2008. At that time, the Department may also make available such information to the interested parties to the proceeding in accordance with this section.
(4)Not later than November 2 of the year prior to each ensuing annual sales period, the Department will disclose to each producer/exporter being issued NVs the preliminary results and methodology of the Department's calculations of the NVs. 7 At that time, the Department may also make available such information to the interested parties to the proceeding, in accordance with this section. 7 For example, on November 2, 2008, the Department will disclose to each producer/exporter being issued NVs the preliminary results and methodology of the Department's calculations of the NVs for the first ensuing annual sales period, from January 1, 2008, through December 31, 2009.
(5)Not later than 7 days after the dates of disclosure under Sections E(2), E(3), and E(4), respectively, of this Agreement, the parties to the proceeding may submit written comments to the Department, not to exceed 15 pages. After reviewing these submissions, the Department will provide to each producer/exporter its final NVs, as provided in Sections C(2), C(3), and C(4), respectively, of this Agreement. In addition, the Department may provide such information to interested parties, as specified in this section.
(F)Violations of the Agreement: If the Department determines that the Agreement is being or has been violated or no longer meets the requirements of sections 734(b) or
(d)of the Act, the Department shall take action it determines appropriate under section 734(i) of the Act and the regulations.
(G)Other Provisions: In entering into the Agreement, the signatory producers/exporters do not admit that any sales of merchandise subject to the Agreement have been made at less than fair value.
(H)Termination or Withdrawal: Termination of the suspended investigation will be considered in accordance with the five-year review provisions of section 351.218 of the Department's regulations. Any producer/exporter may withdraw from the Agreement at any time upon notice to the Department. Withdrawal shall be effective 60 days after such notice is given to the Department. Upon withdrawal, the Department shall follow the procedures outlined in section 734(i)(1) of the Act.
(I)Definitions: For purposes of the Agreement, the following definitions apply:
(1)“U.S. price” means the export price or constructed export price at which merchandise is sold by the producer or exporter to the first unaffiliated person in the United States, including the amount of any discounts, rebates, price protection or ship and debit adjustments, and other adjustments affecting the net amount paid or to be paid by the unaffiliated purchaser, as determined by the Department under section 772 of the Act.
(2)“Normal value” means the constructed value
(CV)of the merchandise, as determined by the Department under section 773 of the Act and the corresponding sections of the Department's regulations, and as adjusted in accordance with Appendix B to this Agreement.
(3)“Producer/Exporter” means
(1)the foreign manufacturer or producer,
(2)the foreign producer or reseller which also exports, and
(3)the affiliated person by whom or for whose account the merchandise is imported into the United States, as defined in section 771(28) of the Act.
(4)“Date of sale” means the date of the invoice as recorded in the exporter's or producer's records kept in the ordinary course of business, unless the Department determines that a different date better reflects the date on which the exporter or producer establishes the material terms of sale, as determined by the Department under its regulations. The effective date of this Agreement is September 10, 2007. For Argentine Producers/Exporters Dated: September 10, 2007. Gregory J. Spak, S.A. San Miguel A.G.I.C. y F. Dated: September 10, 2007. Lizbeth R. Levinson, Citrusvil, S.A. For U.S. Department of Commerce Dated: September 10, 2007. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Dated: September 10, 2007. Michelle O'Neill, Deputy Under Secretary for International Trade. Appendix A: Product Coverage For purposes of this Agreement, the merchandise covered includes certain lemon juice for further manufacture, with or without addition of preservatives, sugar, or other sweeteners, regardless of the GPL (grams per liter of citric acid) level of concentration, brix level, brix/acid ratio, pulp content, clarity, grade, horticulture method ( *e.g.* , organic or not), processed form ( *e.g.* , frozen or not-from-concentrate), FDA standard of identity, the size of the container in which packed, or the method of packing. Excluded from the scope are:
(1)Lemon juice at any level of concentration packed in retail-sized containers ready for sale to consumers, typically at a level of concentration of 48 GPL; and
(2)beverage products such as lemonade that typically contain 20% or less lemon juice as an ingredient. Lemon juice is classifiable under subheadings 2009.39.6020, 2009.31.6020, 2009.31.4000, 2009.31.6040, and 2009.39.6040 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this Agreement is dispositive. Appendix B: Principles of Cost General Framework The cost information reported to the Department that will form the basis of the NV calculations for purposes of the Agreement must be: 8 8 *See* footnote #1 in Section C(2) of this Agreement. • Comprehensive in nature and based on a reliable accounting system ( *i.e.* , a system based on well-established standards that can be tied to the audited financial statements); • Calculated on an annual weighted-average basis of the plants or cost centers manufacturing the product; • Based on fully-absorbed costs of production, including any downtime; • Valued in accordance with generally accepted accounting principles; • Reflective of appropriately allocated common costs so that the costs necessary for the manufacturing of the product are not absorbed by other products; • If the signatory grows and/or harvests its own lemons and sells them, the Department will normally allocate the agricultural and/or harvesting costs between fresh lemons and lemons for processing in accordance with the company's normal books and records, as historically kept in the normal course of business; and • If the signatory produces multiple products from the processed lemon, the Department will normally allocate the lemon and common processing costs using ratios/methods consistent with those historically used by the company in its normal books and records, and such allocation ratios/methods will be recalculated for each cost reporting period. Additionally, a separate figure should be reported for each major cost component making up the cost of production. Cost of Manufacturing
(COM)Costs of manufacturing are reported by major cost category and for major stages of production. Weighted-average costs are used for a product that is produced at more than one facility, based on the product's cost at each facility and relative production quantities. Direct materials costs include the acquisition costs of all materials that are identified as part of the finished product and may be traced to the finished product in an economically feasible way. In contrast to indirect materials, direct materials are applied and assigned directly to a finished product. Direct materials costs should include transportation charges, import duties, and other expenses normally associated with obtaining the materials that become an integral part of the finished product. Direct labor costs are the labor costs identified with a specific product. These costs are not allocated among products except when two or more products are produced at the same cost center. Direct labor costs should include salary, bonus and overtime pay, training expenses, and all fringe benefits. Any contracted-labor expense should reflect the actual billed cost. Variable manufacturing overhead costs include those production costs, other than direct materials or direct labor, that generally vary in total with changes in the volume of merchandise produced at a given level of operations. Variable manufacturing overhead costs may include indirect materials ( *e.g.* , supplies used in the manufacturing process), indirect labor ( *e.g.* supervisory labor paid on an hourly basis), utilities ( *e.g.* , energy), and other variable overhead costs. Because variable overhead costs are typically incurred for an entire production line or factory, the costs must be allocated to the products produced using a reasonable basis. Fixed manufacturing overhead costs include those production costs that generally do not vary in total with changes in the volume of merchandise produced at a given level of operations. Fixed manufacturing overhead costs may include the costs incurred for building or equipment rental, depreciation, supervisory labor paid on a salary basis, plant property taxes, and factory administrative costs. In addition, fixed manufacturing overhead costs include research and development (R&D) costs which relate specifically to the subject merchandise. Cost of Production
(COP)COP is equal to the sum of direct materials, direct labor, variable manufacturing overhead, and fixed manufacturing overhead ( *i.e.* COM) plus SG&A expenses in the home market (HM). SG&A expenses are those expenses incurred for the operation of the corporation as a whole and not directly related to the manufacture of a particular product. They include corporate general and administrative expenses, financing expenses, and general research and development expenses. Additionally, direct and indirect selling expenses incurred in the HM for sales of the product under investigation are included. Such expenses are allocated to COM using a ratio of SG&A costs. Constructed Value
(CV)Constructed value is equal to the sum of materials, labor and overhead
(COM)and SG&A expenses plus profit in the comparison market and the cost of packing for exportation to the United States. Calculation of Suspension Agreement Normal Values Normal values (for purposes of the Agreement) are calculated by adjusting the CV and are provided for both EP and CEP transactions. In effect, any expenses uniquely associated with the covered products sold in the HM are subtracted from the CV, and any such expenses which are uniquely associated with the covered products sold in the United States are added to the CV to calculate the NV. “ *Export Price* ”—Generally, a U.S. sale is classified as an export price sale when the first sale to an unaffiliated person occurs before the goods are imported into the United States. In cases where the foreign manufacturer knows or has reason to believe that the merchandise is ultimately destined for the United States, the manufacturer's sale is the sale subject to review. If, on the other hand, the manufacturer sold the merchandise to a foreign trader without knowledge of the trader's intention to export the merchandise to the United States, then the trader's first sale to an unaffiliated person is the sale subject to review. For EP NVs, the CV is adjusted for movement costs and differences in direct selling expenses such as commissions, credit, warranties, technical services, advertising, and sales promotion. “ *Constructed Export Price* ”—Generally, a U.S. sale is classified as a constructed export price sale when the first sale to an unaffiliated person occurs after importation. However, if the first sale to an unaffiliated person is made by a person in the United States affiliated with the foreign exporter, constructed export price applies even if the sale occurs prior to importation, unless the U.S. affiliate performs only clerical functions in connection with the sale. For CEP NVs, the CV is adjusted similar to EP sales, with differences for adjustment to U.S. and HM indirect selling expenses. Home market direct selling expenses are expenses that are incurred as a direct result of a sale. These include such expenses as commissions, advertising, discounts and rebates, credit, warranty expenses, freight costs, etc. Certain direct selling expenses are treated individually, including: —Commission expenses, *i.e.* , payments to unaffiliated parties for sales in the HM. —Credit expenses, *i.e.* , expenses incurred for the extension of credit to HM customers. —Movement expenses, *e.g.* , foreign inland freight and insurance expenses, warehousing, and foreign brokerage, handling and port charges. U.S. direct selling expenses are the same as HM direct selling expenses except that they are incurred for sales in the United States. Movement expenses are additional expenses associated with importation into the United States, which typically include: U.S. inland freight and insurance expenses; U.S. brokerage, handling and port charges; U.S. Customs duties, U.S. warehousing; and international freight and insurance. U.S. indirect selling expenses include general fixed expenses incurred by the U.S. sales subsidiary or affiliated exporter for sales to the United States and may also include a portion of indirect expenses incurred in the HM for export sales. The EP and CEP NVs are calculated as follows: For EP Transactions + Direct Materials. + Direct Labor. + Factory Overhead. = Cost of Manufacturing (COM). + Home Market SG&A. = Cost of Production (COP). + U.S. Packing. + Profit. = Constructed Value. + U.S. Direct Selling Expense. + U.S. Commission Expense. + U.S. Movement Expense. + U.S. Credit Expense. − HM Direct Selling Expense. − HM Commission Expense. 1 − HM Credit Expense. = NV for EP Sales. 1 If the company does not have HM commissions, HM indirect expenses are subtracted only up to the amount of the U.S. commissions. For CEP Transactions + Direct Materials. + Direct Labor. + Factory Overhead. = Cost of Manufacturing (COM). + Home Market SG&A. = Cost of Production (COP). + U.S. Packing. + Profit. = Constructed Value. + U.S. Direct Selling Expense. + U.S. Indirect Selling Expense. + U.S. Commission Expense. + U.S. Movement Expense. + U.S. Credit Expense. + U.S. Further-Manufacturing Expenses (if any). 1 + CEP Profit. − HM Direct Selling Expense. − HM Commission Expense. 2 − HM Credit Expense. = NV for CEP Sales. 1 The Department will examine any further-manufacturing expenses on value-added products sold to the first unaffiliated purchaser in the United States by a person affiliated with the foreign producer/exporter, and produced from subject merchandise purchased directly from that foreign producer/exporter, on a case-by-case basis and reserves the right to make adjustments to its reporting requirements and calculation methodology for these expenses. For example, in cases where a producer/exporter's affiliate makes sales of products with significant value added to unaffiliated purchasers in the United States, or the range of such products is significant, the Department may adjust its reporting requirements and calculation methodology for the further manufacturing costs associated with the value-added products. Additionally, if the ratio of a producer/exporter's reported sales to unaffiliated purchasers versus its sales to affiliated persons shifts over time, the Department may make further adjustments in its reporting requirements and calculation methodology for the further-manufacturing expenses associated with the value-added products. 2 If the company does not have HM commissions, HM indirect expenses are subtracted only up to the amount of the U.S. commissions. [FR Doc. E7-18278 Filed 9-20-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-201-835] Suspension of Antidumping Duty Investigation: Lemon Juice From Mexico AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) has suspended the antidumping duty investigation involving lemon juice from Mexico. The basis for this action is an agreement between the Department and The Coca-Cola Company and The Coca-Cola Export Corporation, Mexico Branch (collectively “Coca-Cola”) to revise their prices to eliminate completely sales of this merchandise to the United States at less than fair value. DATES: *Effective Date:* September 10, 2007. FOR FURTHER INFORMATION CONTACT: Sally Gannon or James Kemp at
(202)482-0162 and
(202)482-5346, respectively, Bilateral Agreements Unit, Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On October 11, 2006, the Department initiated an antidumping duty investigation under section 732 of the Tariff Act of 1930, as amended (“the Act”) to determine whether imports of lemon juice from Mexico are being, or are likely to be sold in the United States at less than fair value (71 FR 61710 (October 19, 2006)). On November 3, 2007, the United States International Trade Commission (“ITC”) notified the Department of its affirmative preliminary injury determination in this case. *See Lemon Juice from Argentina and Mexico* , Inv. Nos. 731-TA-1105-1106 (Preliminary) USITC Pub. No. 3891 (November 2006). On April 19, 2007, the Department preliminarily determined that lemon juice is being, or is likely to be sold in the United States at less than fair value (“LTFV”), as provided in section 733 of the Act ( *Notice of Preliminary Determinations of Sales at Less than Fair Value and of Critical Circumstances in Part: Lemon Juice from Mexico* , 72 FR 20830 (April 26, 2007) (“ *Preliminary Determination* ”)). On May 17, 2007, the Department postponed the final determination in this investigation until no later than September 10, 2007 ( *Lemon Juice from Argentina and Mexico: Postponement of Final Antidumping Duty Determinations and Extension of Provisional Measures* , 72 FR 28953 (May 23, 2007)). The Department and Coca-Cola initialed a proposed agreement suspending this investigation on August 10, 2007. On August 13, 2007, we invited interested parties to provide written comments on the proposed suspension agreement. On August 24, 2007, the Department also invited interested parties to provide written comments on an issue related to the draft suspension agreement with respect to purchase orders and/or long-term contracts entered into prior to September 10, 2007. In response to our requests for comment, on August 30, 2007, we received comments from petitioner Sunkist Growers Inc. and respondent Coca-Cola. We received further comments from petitioner and respondent on September 6, 2007, and again from petitioner on September 7 and 10, 2007. We have taken these comments into consideration for the final version of the suspension agreement. The Department and Coca-Cola signed the suspension agreement on September 10, 2007. Scope of Investigation For a complete description of the scope of the investigation, *see Agreement Suspending the Antidumping Investigation on Lemon Juice from Mexico* , Appendix A, signed September 10, 2007, attached hereto in Annex 1. Suspension of Investigation The Department consulted with the parties to the proceeding and has considered the comments submitted with respect to the proposed suspension agreement. In accordance with sections 734(b) and
(d)of the Act, we have determined that the agreement will completely eliminate sales at less than fair value, that the agreement is in the public interest, and that the agreement can be monitored effectively. *See, Public Interest and Effective Monitoring Memorandum* , dated September 10, 2007. *See also, Percentage of Exports Memorandum* , dated September 10, 2007. We find, therefore, that the criteria for suspension of an investigation pursuant to sections 734(b) and
(d)of the Act have been met. The terms and conditions of this agreement, signed September 10, 2007, are set forth in Annex 1 to this notice. Pursuant to section 734(f)(2)(A) of the Act, the suspension of liquidation of all entries of lemon juice from Mexico entered, or withdrawn from warehouse, for consumption, as directed in the *Preliminary Determination* is hereby terminated. Any cash deposits on entries of lemon juice from Mexico pursuant to that suspension of liquidation shall be refunded and any bonds shall be released. This notice is published pursuant to section 734(f)(1)(A) of the Act. Dated: September 10, 2007. Michelle O'Neill, Deputy Under Secretary for International Trade. Annex 1—Agreement Suspending the Antidumping Investigation on Lemon Juice From Mexico Pursuant to section 734(b) of the Tariff Act of 1930, as amended (19 U.S.C. 1673c(b)) (the “Act”), and 19 CFR 351.208 (the “Regulations”), the U.S. Department of Commerce (the “Department”) and the signatory producers/exporters of Lemon Juice from Mexico (the “Signatories”) enter into this suspension agreement (the “Agreement”). On the basis of this Agreement, on the effective date of this Agreement, the Department shall suspend its antidumping investigation initiated on October 19, 2006 (17 FR 61710) with respect to Lemon Juice from Mexico, subject to the terms and provisions set forth below.
(A)Product Coverage: For purposes of this Agreement, the merchandise covered is Lemon Juice, as described in Appendix A.
(B)U.S. Import Coverage: The signatory producers/exporters collectively are the producers and exporters in Mexico that accounted for substantially all (not less than 85 percent) of the subject merchandise imported into the United States, as provided in the Department's regulations at 19 CFR 351.208(c). The Department may, at anytime during the period of the Agreement, require additional producers/exporters in Mexico to sign the Agreement in order to ensure that not less than substantially all imports into the United States are covered by the Agreement. In reviewing the operation of the Agreement for the purpose of determining whether this Agreement has been violated or is no longer in the public interest, the Department will consider imports into the United States from all sources of the merchandise described in Section A of the Agreement. For this purpose, the Department will consider factors including, but not limited to, the following: volume of trade, pattern of trade, whether or not the reseller is an original equipment manufacturer, and the reseller's export price (EP).
(C)Basis of the Agreement: On and after the effective date of the Agreement, each signatory producer/exporter individually agrees to make any necessary price revisions to eliminate completely any amount by which the normal value
(NV)of this merchandise exceeds the U.S. price of its merchandise subject to the Agreement. For this purpose, the Department will determine the NV in accordance with section 773(e) of the Act and U.S. price in accordance with section 772 of the Act. For details of the Department's calculation methodology under this Agreement, *see* Appendices B and C.
(1)For the period from the effective date of this Agreement through the release of the first NVs, each signatory producer/exporter agrees not to sell its merchandise subject to this Agreement in the United States. However, during this period and subsequent periods, as relevant, a signatory producer/exporter may proceed with deliveries of subject merchandise made pursuant to purchase orders or long-term contracts entered into prior to September 10, 2007, if the Department determines, in accordance with its regulations, that the signatory producer's/exporter's appropriate date of sale is the date of the purchase order or long-term contract ( *see* Section I(4) below). At any time, should the Department determine that the purchase order or long-term contract date was not the appropriate date of sale for a signatory producer/exporter making such deliveries, the Department may consider such deliveries to be in violation of this Agreement ( *see* Section F below). Any signatory producer/exporter making such deliveries under this Agreement must provide a one-time report to the Department, within 30 days of these deliveries having been completed, which contains a listing of the contract or purchase order dates, the delivery quantities, the dates of delivery, the entry dates, and the prices at which the subject merchandise was sold. This information will be subject to verification in accordance with Section D(4) of this Agreement.
(2)For all sales occurring on or after the date of issuance of the first NVs, through June 30, 2008 (“Interim Period”), each signatory producer/exporter issued NVs by the Department agrees not to sell its merchandise subject to this Agreement to any purchaser in the United States at prices that are less than the NVs of the merchandise, as determined by the Department on the basis of the sales and cost information submitted by the signatory producer/exporter in the course of the underlying antidumping duty investigation. The final NVs for a signatory producer/exporter during this Interim Period shall be issued within 14 days after the preliminary NVs are issued pursuant to Section E(2) of this Agreement. 1 1 The issuance of the NVs for any given signatory may be delayed depending on the following:
(1)Issues related to the underlying antidumping duty investigation;
(2)to allow sufficient time for signatories to respond to the Department's request for sales and cost data; and/or
(3)to resolve issues raised in comments from interested parties or by the Department. In accordance with section 773(f) of the Act, the Department will examine relevant prices and costs and, for any sales period, may disregard particular prices or costs when the prices are not in the ordinary course of trade, the costs are not in accordance with the generally accepted accounting principles, the costs do not reasonably reflect the costs associated with the production and sale of the merchandise, or in other situations provided for in the Act or the Department's regulations. Examples of possible areas in which adjustments may be necessary include, but are not limited to, costs related to energy, depreciation, transactions among affiliates, barter transactions, as well as items that are not recognized by the home country's generally accepted accounting principles.
(3)For all sales occurring after the Interim Period, each signatory producer/exporter issued NVs by the Department agrees not to sell its merchandise subject to this Agreement to any purchaser in the United States at prices that are less than the NVs of the merchandise, as determined by the Department on the basis of information submitted to the Department not later than the dates specified in Section D of this Agreement and provided to the signatory producer/exporter no later than June 1 of each year. These NVs shall apply to sales occurring during the annual period ( *i.e.* , July through June) beginning 30 days following the date on which the Department provides the NVs, as stated in this paragraph.
(D)Monitoring: Each signatory producer/exporter will supply to the Department all information that the Department decides is necessary to ensure that the producer/exporter is in full compliance with the terms of the Agreement. As explained below, the Department will provide each signatory producer/exporter a detailed request for information and prescribe a required format and method of data compilation, not later than the beginning of each reporting period. 2 2 As noted in Section C(2) of this Agreement, the first NVs issued for certain signatory producer/exporters may be based on sales and cost information submitted by those signatories in the underlying antidumping duty investigation, and the resulting NVs issued will apply to sales occurring between the issuance date of the NVs and June 30, 2008 (Interim Period).
(1)Sales Information: The Department will require each producer/exporter to report, in electronic form in the prescribed format and using the prescribed method of data compilation, each sale of the merchandise subject to the Agreement, either directly or indirectly to unaffiliated purchasers in the United States, as well as sales in the comparison market (home or third country market, as appropriate), including each adjustment applicable to each sale, as specified by the Department. The first report of sales data, pursuant to Section C(3) of this Agreement, shall be submitted to the Department, in electronic form ( *e.g.* , on diskette, zip disk, or CD ROM) in the prescribed format and using the prescribed method of data compilation, not later than October 1, 2007, and shall contain the specified sales information covering the period July 1, 2006, through June 30, 2007. Subsequent reports of sales data shall be submitted to the Department not later than October 1 of each year, and each report shall contain the specified sales information for the annual period ending on June 30 of that year, except that if the Department receives information that a possible violation of the Agreement may have occurred, the Department may request sales data on a more frequent basis.
(2)Cost Information: Producers/exporters must request NVs for all subject merchandise that will be sold in the United States. For those products which the producer/exporter is requesting NVs, the Department will require each producer/exporter to report, in the prescribed format and using the prescribed method of data compilation, the following: Its actual cost of manufacturing; selling, general and administrative (SG&A) expenses; and profit data on an annual basis. As indicated in Appendix B to this Agreement, profit will be reported by the producers/exporters on an annual basis. Each such producer/exporter also must report anticipated increases in production costs in the annual period in which the information is submitted resulting from factors such as anticipated changes in production yield, changes in production process, changes in production quantities or changes in production facilities. The first report of cost data, pursuant to Section C(3) of this Agreement, shall be submitted to the Department not later than October 15, 2007, and shall contain the specified cost data covering the period July 1, 2006, through June 30, 2007. Each subsequent report shall be submitted to the Department not later than October 15 of each year, and each report shall contain the specified information for the annual period ending on June 30 of that year.
(3)Special Adjustment of Normal Value: If the Department determines that the NV it determined for a previous annual period was erroneous because the reported costs for that period were inaccurate or incomplete, or for any other reason, the Department may adjust NV in a subsequent period or periods, unless the Department determines that Section F of the Agreement applies.
(4)Verification: Each producer/exporter agrees to permit full verification of all cost and sales information annually, or more frequently, as the Department deems necessary.
(5)Bundling or Other Arrangements: Producers/exporters agree not to circumvent the Agreement. In accordance with the dates set forth in Section D(1) of this Agreement, producers/exporters will submit a written statement to the Department certifying that the sales reported herein were not, or are not part of or related to, any bundling arrangement, on-site processing arrangement, discounts/free goods/financing package, swap or other exchange where such arrangement is designed to circumvent the basis of the Agreement. Where there is reason to believe that such an arrangement does circumvent the basis of the Agreement, the Department will request producers/exporters to provide within 15 days all particulars regarding any such arrangement, including, but not limited to, sales information pertaining to covered and non-covered merchandise that is manufactured or sold by producers/exporters. The Department will accept written comments, not to exceed 30 pages, from all parties no later than 15 days after the date of receipt of such producer/exporter information. If the Department, after reviewing all submissions, determines that such an arrangement circumvents the basis of the Agreement, it may, as it deems most appropriate, utilize one of two options:
(1)The amount of the effective price discount resulting from such arrangement shall be reflected in the NV in accordance with Section D(3) of this Agreement, or
(2)the Department shall determine that the Agreement has been violated and take action according to the provisions under Section F of this Agreement.
(6)Rejection of Submissions: The Department may reject any information submitted after the deadlines set forth in this section or any information which it is unable to verify to its satisfaction. If information is not submitted in a complete and timely fashion, or is not fully verifiable, the Department may calculate the NV, and/or U.S. price, based on facts otherwise available, as it determines appropriate, unless the Department determines that Section F of this Agreement applies.
(E)Disclosure and Comment:
(1)The Department may make available to representatives of each interested party to the proceeding, under appropriately drawn administrative protective orders, business proprietary information submitted to the Department during the reporting period as well as the results of its analysis under section 777 of the Act.
(2)For sales during the Interim Period, the Department will disclose to each producer/exporter being issued NVs the preliminary results and methodology of the Department's calculations of the NVs on or after the effective date of this Agreement. 3 At that time, the Department may also make available such information to the interested parties to the proceeding in accordance with this section. 3 The Department will endeavor to issue the preliminary NVs for the Interim Period within five days after the effective date of this Agreement, subject to the possible constraints noted in footnote #1 of Section C(2) of this Agreement.
(3)Not later than May 2 of each ensuing annual sales period, the Department will disclose to each producer/exporter being issued NVs the preliminary results and methodology of the Department's calculations of the NVs. At that time, the Department may also make available such information to the interested parties to the proceeding, in accordance with this section.
(4)Not later than 7 days after the dates of disclosure under Sections E(2) and E(3), respectively, of this Agreement, the parties to the proceeding may submit written comments to the Department, not to exceed 15 pages. After reviewing these submissions, the Department will provide to each producer/exporter its final NVs, as provided in Sections C(2) and C(3), respectively, of this Agreement. In addition, the Department may provide such information to interested parties, as specified in this section.
(F)Violations of the Agreement: If the Department determines that the Agreement is being or has been violated or no longer meets the requirements of sections 734(b) or
(d)of the Act, the Department shall take action it determines appropriate under section 734(i) of the Act and the regulations.
(G)Other Provisions: In entering into the Agreement, the signatory producers/exporters do not admit that any sales of merchandise subject to the Agreement have been made at less than fair value.
(H)Termination or Withdrawal: Termination of the suspended investigation will be considered in accordance with the five-year review provisions of section 351.218 of the Department's regulations. Any producer/exporter may withdraw from the Agreement at any time upon notice to the Department. Withdrawal shall be effective 60 days after such notice is given to the Department. Upon withdrawal, the Department shall follow the procedures outlined in section 734(i)(1) of the Act.
(I)Definitions: For purposes of the Agreement, the following definitions apply:
(1)*“U.S. price”* means the export price or constructed export price at which merchandise is sold by the producer or exporter to the first unaffiliated person in the United States, including the amount of any discounts, rebates, price protection or ship and debit adjustments, and other adjustments affecting the net amount paid or to be paid by the unaffiliated purchaser, as determined by the Department under section 772 of the Act.
(2)*“Normal value”* means the constructed value
(CV)of the merchandise, as determined by the Department under section 773 of the Act and the corresponding sections of the Department's regulations, and as adjusted in accordance with Appendix B to this Agreement.
(3)*“Producer/Exporter”* means
(1)the foreign manufacturer or producer,
(2)the foreign producer or reseller which also exports, and
(3)the affiliated person by whom or for whose account the merchandise is imported into the United States, as defined in section 771(28) of the Act.
(4)*“Date of sale”* means the date of the invoice as recorded in the exporter's or producer's records kept in the ordinary course of business, unless the Department determines that a different date better reflects the date on which the exporter or producer establishes the material terms of sale, as determined by the Department under its regulations. The effective date of this Agreement is September 10, 2007. For Mexican Producers/Exporters: Dated: September 10, 2007. Mark P. Lunn, The Coca-Cola Company and The Coca-Cola Export Corporation, Mexico Branch. For U.S. Department of Commerce: Dated: September 10, 2007. Michelle O'Neill, Deputy Under Secretary for Import Administration. Appendix A: Product Coverage For purposes of this Agreement, the merchandise covered includes certain lemon juice for further manufacture, with or without addition of preservatives, sugar, or other sweeteners, regardless of the GPL (grams per liter of citric acid) level of concentration, brix level, brix/acid ratio, pulp content, clarity, grade, horticulture method ( *e.g.* , organic or not), processed form ( *e.g.* , frozen or not-from-concentrate), FDA standard of identity, the size of the container in which packed, or the method of packing. Excluded from the scope are:
(1)Lemon juice at any level of concentration packed in retail-sized containers ready for sale to consumers, typically at a level of concentration of 48 GPL; and
(2)beverage products such as lemonade that typically contain 20% or less lemon juice as an ingredient. Lemon juice is classifiable under subheadings 2009.39.6020, 2009.31.6020, 2009.31.4000, 2009.31.6040, and 2009.39.6040 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this Agreement is dispositive. Appendix B: Principles of Cost General Framework The cost information reported to the Department that will form the basis of the NV calculations for purposes of the Agreement must be: 4 4 *See* footnote # 1 in Section C(2) of this Agreement. • Comprehensive in nature and based on a reliable accounting system ( *i.e.* , a system based on well-established standards that can be tied to the audited financial statements); • Calculated on an annual weighted-average basis of the plants or cost centers manufacturing the product; • Based on fully-absorbed costs of production, including any downtime; • Valued in accordance with generally accepted accounting principles; and • Reflective of appropriately allocated common costs so that the costs necessary for the manufacturing of the product are not absorbed by other products. Additionally, a separate figure should be reported for each major cost component making up the cost of production. Cost of Manufacturing
(COM)Costs of manufacturing are reported by major cost category and for major stages of production. Weighted-average costs are used for a product that is produced at more than one facility, based on the product's cost at each facility and relative production quantities. Direct materials costs include the acquisition costs of all materials that are identified as part of the finished product and may be traced to the finished product in an economically feasible way. In contrast to indirect materials, direct materials are applied and assigned directly to a finished product. Direct materials costs should include transportation charges, import duties, and other expenses normally associated with obtaining the materials that become an integral part of the finished product. Direct labor costs are the labor costs identified with a specific product. These costs are not allocated among products except when two or more products are produced at the same cost center. Direct labor costs should include salary, bonus and overtime pay, training expenses, and all fringe benefits. Any contracted-labor expense should reflect the actual billed cost. Variable manufacturing overhead costs include those production costs, other than direct materials or direct labor, that generally vary in total with changes in the volume of merchandise produced at a given level of operations. Variable manufacturing overhead costs may include indirect materials ( *e.g.* , supplies used in the manufacturing process), indirect labor ( *e.g.* supervisory labor paid on an hourly basis), utilities ( *e.g.* , energy), and other variable overhead costs. Because variable overhead costs are typically incurred for an entire production line or factory, the costs must be allocated to the products produced using a reasonable basis. Fixed manufacturing overhead costs include those production costs that generally do not vary in total with changes in the volume of merchandise produced at a given level of operations. Fixed manufacturing overhead costs may include the costs incurred for building or equipment rental, depreciation, supervisory labor paid on a salary basis, plant property taxes, and factory administrative costs. In addition, fixed manufacturing overhead costs include research and development (R&D) costs which relate specifically to the subject merchandise. Cost of Production
(COP)COP is equal to the sum of direct materials, direct labor, variable manufacturing overhead, and fixed manufacturing overhead ( *i.e.* COM) plus SG&A expenses in the home market (HM). SG&A expenses are those expenses incurred for the operation of the corporation as a whole and not directly related to the manufacture of a particular product. They include corporate general and administrative expenses, financing expenses, and general research and development expenses. Additionally, direct and indirect selling expenses incurred in the HM for sales of the product under investigation are included. Such expenses are allocated to COM using a ratio of SG&A costs. Constructed Value
(CV)Constructed value is equal to the sum of materials, labor and overhead
(COM)and SG&A expenses plus profit in the comparison market and the cost of packing for exportation to the United States. Calculation of Suspension Agreement Normal Values Normal values (for purposes of the Agreement) are calculated by adjusting the CV and are provided for both EP and CEP transactions. In effect, any expenses uniquely associated with the covered products sold in the HM are subtracted from the CV, and any such expenses which are uniquely associated with the covered products sold in the United States are added to the CV to calculate the NV. “ *Export Price* ”—Generally, a U.S. sale is classified as an export price sale when the first sale to an unaffiliated person occurs before the goods are imported into the United States. In cases where the foreign manufacturer knows or has reason to believe that the merchandise is ultimately destined for the United States, the manufacturer's sale is the sale subject to review. If, on the other hand, the manufacturer sold the merchandise to a foreign trader without knowledge of the trader's intention to export the merchandise to the United States, then the trader's first sale to an unaffiliated person is the sale subject to review. For EP NVs, the CV is adjusted for movement costs and differences in direct selling expenses such as commissions, credit, warranties, technical services, advertising, and sales promotion. “ *Constructed Export Price* ”—Generally, a U.S. sale is classified as a constructed export price sale when the first sale to an unaffiliated person occurs after importation. However, if the first sale to an unaffiliated person is made by a person in the United States affiliated with the foreign exporter, constructed export price applies even if the sale occurs prior to importation, unless the U.S. affiliate performs only clerical functions in connection with the sale. For CEP NVs, the CV is adjusted similar to EP sales, with differences for adjustment to U.S. and HM indirect selling expenses. Home market direct selling expenses are expenses that are incurred as a direct result of a sale. These include such expenses as commissions, advertising, discounts and rebates, credit, warranty expenses, freight costs, etc. Certain direct selling expenses are treated individually, including: —Commission expenses, *i.e.* , payments to unaffiliated parties for sales in the HM. —Credit expenses, *i.e.* , expenses incurred for the extension of credit to HM customers. —Movement expenses, *e.g.* , foreign inland freight and insurance expenses, warehousing, and foreign brokerage, handling and port charges. U.S. direct selling expenses are the same as HM direct selling expenses except that they are incurred for sales in the United States. Movement expenses are additional expenses associated with importation into the United States, which typically include: U.S. inland freight and insurance expenses; U.S. brokerage, handling and port charges; U.S. Customs duties, U.S. warehousing; and international freight and insurance. U.S. indirect selling expenses include general fixed expenses incurred by the U.S. sales subsidiary or affiliated exporter for sales to the United States and may also include a portion of indirect expenses incurred in the HM for export sales. The EP and CEP NVs are calculated as follows: For EP transactions + Direct Materials. + Direct Labor. + Factory Overhead. = Cost of Manufacturing (COM). + Home Market SG&A. = Cost of Production (COP). + U.S. Packing. + Profit. = Constructed Value. + U.S. Direct Selling Expense. + U.S. Commission Expense. + U.S. Movement Expense. + U.S. Credit Expense. − HM Direct Selling Expense. − HM Commission Expense. 1 − HM Credit Expense. = NV for EP Sales. 1 If the company does not have HM commissions, HM indirect expenses are subtracted only up to the amount of the U.S. commissions. For CEP transactions + Direct Materials. + Direct Labor. + Factory Overhead. = Cost of Manufacturing (COM). + Home Market SG&A. = Cost of Production (COP). + U.S. Packing. + Profit. = Constructed Value. + U.S. Direct Selling Expense. + U.S. Indirect Selling Expense. + U.S. Commission Expense. + U.S. Movement Expense. + U.S. Credit Expense. + U.S. Further-Manufacturing Expense (if any). 1 + CEP Profit. − HM Direct Selling Expense. − HM Commission Expense. 2 − HM Credit Expense. = NV for CEP Sales. 1 The Department will examine any further-manufacturing expenses on value-added products sold to the first unaffiliated purchaser in the United States by a person affiliated with the foreign producer/exporter, and produced from subject merchandise purchased directly from that foreign producer/exporter, on a case-by-case basis and reserves the right to make adjustments to its reporting requirements and calculation methodology for these expenses. For example, in cases where a producer/exporter's affiliate makes sales of products with significant value added to unaffiliated purchasers in the United States, or the range of such products is significant, the Department may adjust its reporting requirements and calculation methodology for the further manufacturing costs associated with the value-added products. Additionally, if the ratio of a producer/exporter's reported sales to unaffiliated purchasers versus its sales to affiliated persons shifts over time, the Department may make further adjustments in its reporting requirements and calculation methodology for the further-manufacturing expenses associated with the value-added products. 2 If the company does not have HM commissions, HM indirect expenses are subtracted only up to the amount of the U.S. commissions. Appendix C: Cost Allocation and NV Methodology The following provides clarification regarding the methodologies the Department will use in calculating normal values under this Agreement:
(A)For The Coca-Cola Company and The Coca-Cola Export Corporation, Mexico Branch (collectively, “Coexport”):
(1)*Cost Allocation for Life of Agreement:* Throughout the life of this Agreement, to allocate common costs, the Department will allocate 8.5 percent of the reported lemon fruit costs and common lemon processing costs to lemon juice and 91.5 percent of these same costs to lemon oil for purposes of calculating Coexport's NVs, as detailed in Appendix B to this Agreement.
(2)*All Other Costs and Sales Expenses for Interim Period NVs:* For the Interim Period only of this Agreement, the Department will use all other reported costs and sales expenses, as adjusted by the Department, where appropriate, for the preliminary determination in the underlying antidumping duty investigation, for purposes of calculating Coexport's NVs, as detailed in Appendix B to this Agreement.
(3)*Monitoring of Value-Added Products after the Interim Period:* In addition to the stipulations noted in footnote #1 to the calculation for CEP transactions in Appendix B to this Agreement, the Department shall normally choose between two to three products with significant value added, as reported by Coexport pursuant to Section D(1) during each NV cycle, for examination and monitoring of the related costs and sales expenses. For such value-added products, the Department shall set CEP profit to equal CV profit for purposes of the NV calculation.
(4)*Invoice Offsets:* The Department and signatory producers/exporters agree that an arrangement wherein Coexport bases its lemon oil sales price on its cost which includes an offset for the sales value of lemon juice, and later issues a credit or additional invoice to its customer to take into account the final cost of lemon oil, as offset by the lemon juice revenue, is a normal business practice which would not normally be considered in circumvention of this Agreement as defined in Section D(5) of this Agreement. However, such an arrangement will be subject to the reporting and verification requirements of this Agreement and to consideration by the Department during each NV cycle.
(B)For All Other Signatories to the Agreement: Throughout the life of this Agreement, the Department will use the signatories' reported costs and sales expenses, as adjusted by the Department, where appropriate, for purposes of calculating the signatories' NVs, as detailed in Appendix B to this Agreement. [FR Doc. E7-18298 Filed 9-20-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration A-533-810 Stainless Steel Bar from India: Notice of Rescission of Antidumping Duty New Shipper Review of Sunflag Iron & Steel Co. Ltd. AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 21, 2007. FOR FURTHER INFORMATION CONTACT: Devta Ohri, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202)482-3853. SUPPLEMENTARY INFORMATION: Background On February 21, 1995, the Department published in the **Federal Register** the antidumping duty order on stainless steel bar
(SSB)from India. *See Antidumping Duty Orders: Stainless Steel Bar from Brazil, India and Japan* , 60 FR 9661 (February 21, 1995). On February 28, 2007, the Department received a timely request from Sunflag for a new shipper review of the antidumping duty order on SSB from India, in accordance with 19 CFR 351.214(c). On March 23, 2007, the Department initiated a new shipper review of Sunflag. *See Stainless Steel Bar from India: Notice of Initiation of Antidumping Duty New Shipper Review* , 72 FR 15110 (March 30, 2007). On April 16, 2007, Sunflag withdrew its request for a new shipper review. Scope of the Order Imports covered by the order are shipments of SSB. SSB means articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. SSB includes cold-finished SSBs that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut-to-length flat-rolled products ( *i.e.* , cut-to-length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), wire (i.e., cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes, and sections. The SSB subject to these reviews is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the *Harmonized Tariff Schedule of the United States* (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. On May 23, 2005, the Department issued a final scope ruling that SSB manufactured in the United Arab Emirates out of stainless steel wire rod from India is not subject to the scope of this order. See Memorandum from Team to Barbara E. Tillman, “Antidumping Duty Orders on Stainless Steel Bar from India and Stainless Steel Wire Rod from India: Final Scope Ruling,” dated May 23, 2005, which is on file in the CRU in room B-099 of the main Department building. *See also Notice of Scope Rulings* , 70 FR 55110 (September 20, 2005). Rescission of Review The Department's regulations at 19 CFR 351.214(f)(1) provide that the Department will rescind a new shipper review if the party that requested the review withdraws the request within 60 days of the date of publication of the notice of initiation of the requested review. Sunflag withdrew its request for a new shipper review on April 16, 2007, which is within the 60-day deadline. Therefore, the Department is rescinding this new shipper review of Sunflag. We note that Sunflag is currently participating in the 2006-2007 antidumping duty administrative review of SSB from India, which has the exact same period of review as this new shipper review, i.e., February 1, 2006, through January 31, 2007. Therefore, we will not issue any liquidation instructions to U.S. Customs and Border Protection until after the final results are issued for the 2006-2007 antidumping duty administrative review. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is published in accordance with section 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: September 12, 2007. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E7-18710 Filed 9-20-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review ACTION: Notice of issuance of an amended Export Trade Certificate of Review, Application No. 84-18A12. SUMMARY: On September 17, 2007, The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Northwest Fruit Exporters (“NFE”). FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Export Trading Company Affairs, International Trade Administration,
(202)482-5131 (this is not a toll-free number) or E-mail at *oetca@ita.doc.gov* . SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR Part 325 (2004). Export Trading Company Affairs (“ETCA”) is issuing this notice pursuant to 15 CFR 325.6(b), which requires the U.S. Department of Commerce to publish a summary of the certification in the **Federal Register** . Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary's determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. Description of Amended Certificate The original NFE Certificate (No. 84-00012) was issued on June 11, 1984 (49 FR 24581, June 14, 1984), and last amended on September 28, 2006 (71 FR 58785, October 5, 2006). NFE's Export Trade Certificate of Review has been amended to: 1. Add each of the following companies as a new “Member” of the Certificate within the meaning of section 325.2(1) of the Regulations (15 CFR 325.2(1)): K-K Packing & Storage, L.L.C., Zillah, Washington; Manzaneros Mexicanos De Washington, Yakima, Washington; and Valicoff Fruit Co., Inc., Wapato, Washington; 2. Delete the following companies as “Members” of the Certificate: Cascade Fresh Fruits, L.L.C., Manson, Washington; John's Farm L.L.C., Brewster, Washington; Lloyd Garretson Co., Yakima, Washington; Obert Cold Storage, Inc., Zillah, Washington; PAC Marketing International, L.L.C., Yakima, Washington; Rowe Farms, Inc., Naches, Washington; and Voelker Fruit and Cold Storage, Yakima, Washington; and 3. Change the listing of the following “Member”: Sage Processing L.L.C., Wapato and Zillah, Washington to the new listing Pacific Coast Cherry Packers, L.L.C., Yakima, Washington. The effective date of the amended certificate is June 19, 2007. A copy of the amended certificate will be kept in the International Trade Administration's Freedom of Information Records Inspection Facility, Room 4100, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Dated: September 17, 2007. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E7-18609 Filed 9-20-07; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XC72 Marine Mammals; File No. 881-1758 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for amendment. SUMMARY: Notice is hereby given that Alaska SeaLife Center (ASLC), 301 Railway Avenue, Seward, AK 99664 (Tylan Schrock, Responsible Party) has requested an amendment to scientific research Permit No. 881-1758. DATES: Written, telefaxed, or e-mail comments must be received on or before October 22, 2007. ADDRESSES: The amendment request and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone (907)586-7221; fax (907)586-7249. Written comments or requests for a public hearing on this request should be submitted to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular amendment request would be appropriate. Comments may also be submitted by facsimile at (301)427-2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: File No. 881-1758. FOR FURTHER INFORMATION CONTACT: Amy Sloan or Jennifer Skidmore, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 881-1745, issued on May 10, 2005 (70 FR28910), is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). Permit No. 881-1758 authorizes the permit holder to study growth, development, and health of harbor seals ( *Phoca vitulina* ) in the ASLC Rehabilitation Program. In addition to conducting standard rehabilitation practices, researchers collect blood, fecal, and urine samples; collect body composition measurements using bioelectrical impedance and deuterium oxide, sodium bromide, Evan's blue dye, and nitrogen administration followed by post-administration blood samples; conduct assimilation efficiency experiments to study metabolic development; and collect blubber biopsies to study fatty acid composition and contaminant loads. The permit expires on May 31, 2010. The permit holder requests authorization to add ringed ( *Phoca hispida* ), spotted ( *Phoca largha* ), ribbon ( *Phoca fasciata* ), and bearded ( *Erignathus barbatus* ) seals undergoing rehabilitation at the ASLC to the permit for the same studies currently permitted on harbor seals. Up to 25 individuals of each species requested may have the above procedures performed through the duration of the permit. The applicant also proposes changes to protocols including removing bioelectrical impedance measurements and adding blubber ultrasound measurements for body condition assessment; and adding resting metabolic measurements to aid in the understanding of metabolic changes associated with health, growth, and dietary transitions. Concurrent with the publication of this notice in the **Federal Register** , NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: September 14, 2007 P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-18593 Filed 9-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XC81 Gulf of Mexico Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council will convene a public meeting of the Ad Hoc Review Panel for Red Drum (AHRD). DATES: The meeting will convene at 1 p.m. on Tuesday, October 9, 2007 and conclude no later than 3:30 p.m. on Wednesday, October 10, 2007. ADDRESSES: The meeting will be held at the Hilton New Orleans Airport, 901 Airline Drive, Kenner, LA 70062; telephone:
(504)469-5000. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Wayne Swingle, Executive Director, telephone:
(813)348-1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council (Council) has scheduled a meeting of the Ad Hoc Review Panel for Red Drum. The AHRD is charged with developing a long-term research program to collect age structure information on Red Drum. Such programs will set-aside part of TAC for research to compensate harvesters for collecting that information. The AHRD will hear reports on structure of TAC set-aside programs for two council areas and a similar gulf program for goliath grouper. Existing NMFS, MARFIN and Cooperative Research Program
(CRP)will be reviewed. The AHRP is charged with determining which data sets should be collected by each program and the frequency of such collection. Although other non-emergency issues not on the agenda may come before the Ad Hoc Review Panel for Red Drum for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during these meetings. Actions of the Ad Hoc Review Panel for Red Drum will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnsuon-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency. Copies of the agenda can be obtained by calling
(813)348-1630. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: September 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-18680 Filed 9-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XC82 New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee (Committee), in October, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: The meeting will be held on Thursday, October 11, 2007, at 9:30 a.m. ADDRESSES: The meeting will be held at the Holiday Inn, One Newbury Street, Peabody, MA 01960; telephone:
(508)535-4600; fax:
(508)535-8238. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:
(978)465-0492. SUPPLEMENTARY INFORMATION: The Committee will review Northeast Cooperative Research Partners Program Activities, including a review of cooperative research funding for long-term programs and stand-alone projects (study fleet, cod tagging, etc.). The committee will also discuss and review status of the Council's research set-aside programs, including standardization of programs, committee involvement, review processes, priority-setting and related issues. The committee will begin discussion of Council Research priorities for 2008 as well as receive an update on processes and policies concerning data-sharing and discuss any next steps for the Council and its Plan Development Teams. The Committee may consider other topics at their discretion. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at
(978)465-0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: September 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-18681 Filed 9-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XC80 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The South Atlantic Fishery Management Council will hold a meeting of its Limited Access Privilege
(LAP)Program Exploratory Workgroup in North Charleston, SC. DATES: The meeting will take place October 16-17, 2007. See SUPPLEMENTARY INFORMATION for specific dates and times. ADDRESSES: The meeting will be held at the Hilton Garden Inn, Charleston Airport, 5265 International Boulevard, North Charleston, SC 29418; telephone:
(877)782-9444 or
(843)308-9330; fax:
(843)308-9331. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone:
(843)571-4366 or toll free
(866)SAFMC-10; fax:
(843)769-4520; email: *kim.iverson@safmc.net* . SUPPLEMENTARY INFORMATION: Members of the LAP Program Exploratory Workgroup will meet from 1 p.m. - 5 p.m. on October 16, 2007, and from 8:30 a.m. - 3 p.m. on October 17, 2007. The meeting is being convened to address issues relevant to the Council's consideration of implementing a LAP Program for the commercial snapper grouper fishery in the South Atlantic region. Items for discussion by the Workgroup include:
(1)development of options on LAP eligibility,
(2)initial allocation methods,
(3)initial allocation appeals process, and
(4)regionalization of LAPs. The Workgroup will also receive also receive a presentation on British Columbia LAPs. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the Council office (see FOR FURTHER INFORMATION CONTACT ) 3 days prior to the meeting. Note: The times and sequence specified in this agenda are subject to change. Dated: September 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-18679 Filed 9-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 07-19] 36(b)(1) Arms Sales Notification AGENCY: Department of Defense, Defense Security Cooperation Agency. ACTION: Notice SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM,
(703)601-3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 07-19 with attached transmittal, policy justification, and Sensitivity of Technology. Dated: September 13, 2007. C.R. Choate, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-M EN21SE07.050 EN21SE07.051 EN21SE07.052 EN21SE07.053 [FR Doc. 07-4656 Filed 9-20-07; 8:45 am]
Connectionstraces to 11
Traces to 11 documents
U.S. Code
CFR
- Administrative review of orders and suspension agreements under section 751(a)(1) of the Act.§ 351.213
- Access to business proprietary information.§ 351.305
- Suspension of investigation.§ 351.208
- New shipper reviews under section 751(a)(2)(B) of the Act; expedited reviews in countervailing duty proceedings.§ 351.214
- Publishing notices in the Federal Register.§ 325.6
- Judicial review.§ 325.11
- Definitions.§ 325.2
8 references not yet in our index
- 41 USC 46-48c
- 41 CFR 51
- 41 USC 47(a)
- 19 USC 81a-81u
- 15 USC 4001-21
- 15 CFR 325
- 50 CFR 216
- Pub. L. 104-164
Citation graph
cites case law
Notices
Additions to the Procurement List
Cite41 USC 46-48c
Cite41 CFR 51
Cite41 USC 47(a)
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