Honey from Argentina and China, Inv. Nos. 701-TA-402 and 731-TA-892-893 (Review)

=== Initiation === 64242 Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Notices Suspended Investigations No suspended investigations are scheduled for initiation in December 2006. The Department’s procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3— Policies Regarding the Conduct of Five- Year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (‘‘Sunset Policy Bulletin’’). The Notice of Initiation of Five-Year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 15 days of the publication of the Notice of Initiation. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: October 25, 2006. Thomas F. Futtner, Acting Office Director, AD/CVD Operations, Office 4, Import Administration. [FR Doc. E6–18440 Filed 10–31–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Reviews AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating a five-year (‘‘Sunset Review’’) of the antidumping and countervailing duty orders listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers these same order. Effective Date: November 1, 2006. FOR FURTHER INFORMATION CONTACT : The Department official identified in the Initiation of Review(s) section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th & Constitution Ave., NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION : Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five- Year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3—Policies Regarding the Conduct of Five-Year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (‘‘Sunset Policy Bulletin’’). Initiation of Reviews In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping and countervailing duty orders: DOC case No. ITC case No. Country Product Department contact A–357–812 ....... 731–TA–892 ..... Argentina .......... Honey .......................................................... Dana Mermelstein, (202) 482–1391. A–570–863 ....... 731–TA–893 ..... PRC .................. Honey .......................................................... Dana Mermelstein, (202) 482–1391. A–588–857 ....... 731–TA–919 ..... Japan ................ Welded Large Diameter Line Pipe .............. Dana Mermelstein, (202) 482–1391. A–201–828 ....... 731–TA–920 ..... Mexico .............. Welded Large Diameter Line Pipe .............. Dana Mermelstein, (202) 482–1391. Countervailing Duty Proceedings C–357–813 ....... 701–TA–402 ..... Argentina .......... Honey .......................................................... Dana Mermelstein, (202) 482–1391. Suspended Investigations No suspended investigations are scheduled for initiation in November 2006. Filing Information As a courtesy, we are making information related to Sunset proceedings, including copies of the Department’s regulations regarding Sunset Reviews (19 CFR 351.218) and Sunset Policy Bulletin, the Department’s schedule of Sunset Reviews, case history information (i.e., previous margins, duty absorption determinations, scope language, import volumes), and service lists available to the public on the Department’s sunset Internet Web site at the following address: ‘‘http://ia.ita.doc.gov/sunset/.’’ All submissions in these Sunset Reviews must be filed in accordance with the Department’s regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation.Because deadlines in Sunset Reviews can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (‘‘APO’’) immediately following publication in the Federal Register of the notice of initiation of the sunset review. The Department’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Information Required From Interested Parties Domestic interested parties (defined in section 771(9)(C), (D), (E), (F), and (G) VerDate Aug<31>2005 17:36 Oct 31, 2006 Jkt 211001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1 sroberts on PROD1PC70 with NOTICES 64243Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Notices 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. of the Act and 19 CFR 351.102(b)) wishing to participate in these Sunset Reviews must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the orders without further review. See 19 CFR 351.218(d)(1)(iii). For sunset reviews of countervailing duty orders, parties wishing the Department to consider arguments that countervailable subsidy programs have been terminated must include with their substantive responses information and documentation addressing whether the changes to the program were (1) limited to an individual firm or firms and (2) effected by an official act of the government. Further, a party claiming program termination is expected to document that there are no residual benefits under the program and that substitute programs have not been introduced. Cf. 19 CFR 351.526(b) and (d). If a party maintains that any of the subsidies countervailed by the Department were not conferred pursuant to a subsidy program, that party should nevertheless address the applicability of the factors set forth in 19 CFR 351.526(b) and (d). Similarly, parties wishing the Department to consider whether a company’s change in ownership has extinguished the benefit from prior non-recurring, allocable, subsidies must include with their substantive responses information and documentation supporting their claim that all or almost all of the company’s shares or assets were sold in an arm’s length transaction, at a price representing fair market value, as described in the Notice of Final Modification of Agency Practice Under Section 123 of the Uruguay Round Agreements Act, 68 FR 37125 (June 23, 2003) (Modification Notice). See Modification Notice for a discussion of the types of information and documentation the Department requires. If we receive an order-specific notice of intent to participate from a domestic interested party, the Department’s regulations provide that all parties wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department’s information requirements are distinct from the Commission’s information requirements. Please consult the Department’s regulations for information regarding the Department’s conduct of Sunset Reviews.1 Please consult the Department’s regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: October 26, 2006. Thomas F. Futtner, Acting Office Director, AD/CVD Operations, Office 4, Import Administration. [FR Doc. E6–18441 Filed 10–31–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–707] Granular Polytetrafluoroethylene Resin From Japan: Final Results of Antidumping Duty Administrative Review AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : On May 11, 2006, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on granular polytetrafluoroethylene resin from Japan. The review covers one manufacturer/exporter. The period of review is August 1, 2004, through July 31, 2005. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received, we have made changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted–average dumping margin for the reviewed firm is listed below in the section entitled ‘‘Final Results of the Review.’’ EFFECTIVE DATE : November 1, 2006. FOR FURTHER INFORMATION CONTACT : Catherine Cartsos or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1757 or (202) 482– 4477. SUPPLEMENTARY INFORMATION : Background On May 11, 2006, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on granular polytetrafluoroethylene resin (PTFE) from Japan. See Granular Polytetrafluoroethylene Resin From Japan: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 27459 (May 11, 2006). The period of review is August 1, 2004, through July 31, 2005. The company for which we are conducting the administrative review is Asahi Glass Fluoropolymers, Ltd. (Asahi). We invited interested parties to comment on the preliminary results. We received comments from Asahi. The petitioner in this case did not comment. Asahi also submitted an untimely request for a hearing which we denied. The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of Order The merchandise covered by the antidumping duty order is PTFE, filled or unfilled. The order excludes PTFE dispersions in water, fine powders, and reprocessed PTFE powder. PTFE is currently classifiable under subheading 3904.61.00 of the Harmonized Tariff Schedule of the United States (HTSUS). This order covers all PTFE, regardless of its tariff classification. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the order remains dispositive. Analysis of the Comments Received All issues raised in the case brief submitted by Asahi in the context of this administrative review are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memo) from Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner, Assistant Secretary, dated October 23, VerDate Aug<31>2005 17:36 Oct 31, 2006 Jkt 211001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1 sroberts on PROD1PC70 with NOTICES ──────────────────────────────────────────────────────────── === USITC Institution === 64292 Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Notices 1 1 No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 07–5–162, expiration date June 30, 2008. Public reporting burden for the request is estimated to average 10 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. § 303) mandates that each Special Resources Study (SRS) identify the alternative or combination of alternatives which would, in the professional judgment of the Director of the NPS, be ‘‘most effective and efficient in protecting significant resources and providing for public enjoyment.’’ The Study identifies Alternative B in the Study as the environmentally preferred alternative and most effective and efficient alternative because it preserves more of the site’s archeological resources in an undisturbed condition and minimizes capital expenditures and long-term operating costs. Under Alternative B, the historic significance of Fort King would be communicated to visitors primarily through self-guided interpretive trails, wayside exhibits, and brochures. The park would not have a permanent on- site staff. Guided tours and live interpretation programs for school groups and special events would be provided by volunteers on a case by case basis. The site’s existing wooded landscape would remain predominantly unchanged. Pedestrian trails would be cleared by vegetation and lightly graded. Trees and other woody vegetation immediately surrounding the fort location would be thinned or removed for interpretive purposes. The Federal government would not assume ownership of land, impose zoning or land use controls, or take responsibility for permanent funding. Likewise, there would be no direct NPS ownership or management of resources. As with other National Historic Landmarks, the NPS could provide technical assistance for general planning, resource management, and interpretation. However, overall management of the Fort King site would be administered by one or more local entities. The Study also presented in detail a No Action and two Action Alternatives that describe different ways of commemorating, interpreting, and preserving resources associated with Fort King. All alternatives are described in detail in the Study. Alternative B provides a broad range of public benefits such as improved public access, long-term preservation of archeological resources, and increased visitor awareness of the site’s national significance while minimizing capital expenditures and long-term operating costs. DATES : On September 14, 2006, the Regional Director, Southeast Region, NPS signed the ROD for the SRS and Environmental Impact Statement (EIS) for Fort King. ADDRESSES : Tim Bemisderfer, Planning and Compliance Division, Southeast Region, National Park Service, 100 Alabama Street SW., 1924 Building, Atlanta, Georgia 30303. An electronic copy of the Final EIS and ROD are available on the internet at http:// parkplanning.nps.gov. FOR FURTHER INFORMATION CONTACT : Tim Bemisderfer, 404–562–3124, extension 693. SUPPLEMENTARY INFORMATION : A copy of the ROD can be obtained via the Internet by visiting the NPS Planning Environmental and Public Comment System Web site at http:// parkplanning.nps.gov or by calling 404– 562–3124, extension 693. The responsible official for the FEIS is Patricia A. Hooks, Regional Director, Southeast Region, National Park Service, 100 Alabama Street SW., 1924 Building, Atlanta, Georgia 30303. Dated: September 29, 2006. Patricia A. Hooks, Regional Director, Southeast Region. [FR Doc. 06–9002 Filed 10–31–06; 8:45 am] BILLING CODE 4310–70–M INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–402 and 731– TA–892 and 893 (Review)] Honey From Argentina and China AGENCY : United States International Trade Commission. ACTION : Institution of five-year reviews concerning the countervailing duty order on honey from Argentina and the antidumping duty orders on honey from Argentina and China. SUMMARY : The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the countervailing duty order on honey from Argentina and the antidumping duty orders on honey from Argentina and China would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is December 21, 2006. Comments on the adequacy of responses may be filed with the Commission by January 16, 2007. For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). EFFECTIVE DATE : November 1, 2006. FOR FURTHER INFORMATION CONTACT : Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (http:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background. On December 10, 2001, the Department of Commerce issued a countervailing duty order on imports of honey from Argentina (66 FR 63673) and antidumping duty orders on imports of honey from Argentina and China (66 FR 63672, 63670). The Commission is conducting reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full reviews or expedited reviews. The Commission’s determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice. Definitions. The following definitions apply to these reviews: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by the Department of Commerce. VerDate Aug<31>2005 17:36 Oct 31, 2006 Jkt 211001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1 sroberts on PROD1PC70 with NOTICES 64293Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Notices (2) The Subject Countries in these reviews are Argentina and China. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determinations, the Commission found that there was one Domestic Like Product consisting of all honey, consistent with Commerce’s scope. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determinations, the Commission found a single Domestic Industry consisting of the U.S. producers of honey, both raw and processed. The Commission found that packers, who produce processed honey, as well as beekeepers, who produce raw honey, should be treated as U.S. producers. However, the Commission excluded two packers and one beekeeper/packer from the Domestic Industry pursuant to the related parties provision. (5) The Order Date is the date that the countervailing duty and antidumping duty orders under review became effective. In these reviews, the Order Date is December 10, 2001. (6) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the reviews and public service list. Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews. Former Commission employees who are seeking to appear in Commission five-year reviews are reminded that they are required, pursuant to 19 CFR 201.15, to seek Commission approval if the matter in which they are seeking to appear was pending in any manner or form during their Commission employment. The Commission’s designated agency ethics official has advised that a five-year review is the ‘‘same particular matter’’ as the underlying original investigation for purposes of 19 CFR 201.15 and 18 U.S.C. 207, the post employment statute for Federal employees. Former employees may seek informal advice from Commission ethics officials with respect to this and the related issue of whether the employee’s participation was ‘‘personal and substantial.’’ However, any informal consultation will not relieve former employees of the obligation to seek approval to appear from the Commission under its rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202–205–3088. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list. Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI submitted in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the reviews. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Certification. Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these reviews must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. Written submissions. Pursuant to section 207.61 of the Commission’s rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is December 21, 2006. Pursuant to section 207.62(b) of the Commission’s rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct expedited or full reviews. The deadline for filing such comments is January 16, 2007. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission’s rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the reviews you do not need to serve your response). Inability to provide requested information. Pursuant to section 207.61(c) of the Commission’s rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determinations in the reviews. Information to be Provided in Response to this Notice of Institution: If you are a domestic producer, union/ worker group, or trade/business association; import/export Subject Merchandise from more than one Subject Country; or produce Subject Merchandise in more than one Subject Country, you may file a single response. If you do so, please ensure that your response to each question includes the information requested for each pertinent Subject Country. As used below, the term ‘‘firm’’ includes any related firms. (1) The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and e- mail address of the certifying official. (2) A statement indicating whether your firm/entity is a U.S. producer of VerDate Aug<31>2005 17:36 Oct 31, 2006 Jkt 211001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1 sroberts on PROD1PC70 with NOTICES 64294 Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Notices the Domestic Like Product, a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or exporter of the Subject Merchandise, a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association. (3) A statement indicating whether your firm/entity is willing to participate in these reviews by providing information requested by the Commission. (4) A statement of the likely effects of the revocation of the countervailing duty and antidumping duty orders on the Domestic Industry in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry. (5) A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)). (6) A list of all known and currently operating U.S. importers of the Subject Merchandise and producers of the Subject Merchandise in each Subject Country that currently export or have exported Subject Merchandise to the United States or other countries since the Order Date. (7) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm’s operations on that product during calendar year 2005 (report quantity data in pounds and value data in U.S. dollars, f.o.b. plant). If you are a union/ worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/ which are members of your association. (a) Number of domestic honey- producing colonies, production and/or packing (quantity) and, if known, an estimate of the percentage of total U.S. production and/or packing of the Domestic Like Product accounted for by your firm’s(s’) production and/or packing; (b) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); and (c) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s). (8) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country(ies), provide the following information on your firm’s(s’) operations on that product during calendar year 2005 (report quantity data in pounds and value data in U.S. dollars). If you are a trade/ business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping or countervailing duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country(ies); and (c) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country(ies). (9) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country(ies), provide the following information on your firm’s(s’) operations on that product during calendar year 2005 (report quantity data in pounds and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm’s(s’) production; and (b) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) exports. (10) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in each Subject Country since the Order Date, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in each Subject Country, and such merchandise from other countries. (11) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: October 25, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–18309 Filed 10–31–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–919 and 920 (Review)] Welded Large Diameter Line Pipe From Japan and Mexico AGENCY : United States International Trade Commission. ACTION : Institution of five-year reviews concerning the antidumping duty orders on welded large diameter line pipe from Japan and Mexico. SUMMARY : The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on welded large diameter line pipe from Japan and Mexico would be likely to lead to continuation or recurrence of material VerDate Aug<31>2005 17:36 Oct 31, 2006 Jkt 211001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1 sroberts on PROD1PC70 with NOTICES ──────────────────────────────────────────────────────────── === USITC Scheduling === 6745Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / Notices foreign supplier industries during the period 2003–05. Data and analysis will be provided for (1) Canned peaches, (2) canned pears, and (3) canned fruit mixtures, with any overlap among the industries clearly identified. In its report, the Commission will provide, to the extent possible, the following: • An overview of the canned peach, canned pear, and canned fruit mixtures industries in the United States and major supplier countries (such as China, Greece, Spain, and Thailand), including production of fresh peaches and pears for processing, planted acreage and new plantings, processing volumes, processing capacity, and consumption; • Information on U.S. and foreign supplier imports and exports of canned peaches, canned pears, and canned fruit mixtures, as well as the market segments in which U.S. imports are being sold (e.g., retail, food service sector, or other); • A description of principal trade practices and government programs and measures affecting production of the products (especially in China, Greece, and Spain); and, • A comparison of the strengths and weaknesses of these foreign competitor canned fruit industries and the U.S. industries (including industry structure, input cost and availability, processing technology, product innovation, government programs, exchange rates, and pricing and marketing regimes), and steps the respective industries are taking to increase their competitiveness. As requested, the Commission will transmit its report to the Committee by December 12, 2007. Public Hearing: A public hearing in connection with the investigation is scheduled to be held at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC beginning at 9:30 a.m. on July 12, 2007. All persons shall have the right to appear, by counsel or in person, to present information and to be heard. Requests to appear at the public hearing should be filed with the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436, no later than 5:15 p.m., June 28, 2007. Any pre- hearing briefs (original and 14 copies) should be filed not later than 5:15 p.m., July 2, 2007. The deadline for filing post-hearing briefs or statements is 5:15 p.m., July 26, 2007. In the event that, as of the close of business on June 28, 2007, no witnesses are scheduled to appear at the hearing, the hearing will be canceled. Any person interested in attending the hearing as an observer or non-participant may call the Secretary (202–205–2000) after June 28, 2007, to determine whether the hearing will be held. Written Statements: In lieu of or in addition to participating in the hearing, interested persons are invited to submit written statements concerning the investigation. All submissions should be addressed to Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436, and should be received no later than the close of business on July 26, 2007. All written submissions must conform with the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 of the rules require that a signed original (or a copy designated as an original) and fourteen (14) copies of each document be filed. In the event that confidential treatment of the document is requested, at least four (4) additional copies must be filed, in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). The Commission’s rules do not authorize filing submissions with the Secretary by facsimile or electronic means, except as permitted by section 201.8 of the Commission’s Rules (19 C.F.R. 201.8) (see Handbook for Electronic Filing Procedures, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ documents/ handbook_on_electronic_filing.pdf. Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘nonconfidential’’ version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available in the Office of the Secretary to the Commission for inspection by interested parties. The Committee has asked that the report that the Commission transmits not contain any confidential business information. Any confidential business information received by the Commission in this investigation and used in preparing the report will not be published in a manner that would reveal the operations of the firm supplying the information. By order of the Commission. Issued: February 7, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–2363 Filed 2–12–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–402 and 731– TA–892 and 893 (Review)] Honey From Argentina and China AGENCY : United States International Trade Commission. ACTION : Scheduling of expedited five- year reviews concerning the countervailing duty order on honey from Argentina and the antidumping duty orders on honey from Argentina and China. SUMMARY : The Commission hereby gives notice of the scheduling of expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the countervailing duty order on honey from Argentina and the antidumping duty orders on honey from Argentina and China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). EFFECTIVE DATE : February 5, 2007. FOR FURTHER INFORMATION CONTACT : Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background. On February 5, 2007, the Commission determined that the domestic interested party group VerDate Aug<31>2005 16:55 Feb 12, 2007 Jkt 211001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\13FEN1.SGM 13FEN1 jlentini on PROD1PC65 with NOTICES 6746 Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / Notices 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. 2 The Commission has found the responses submitted by the American Honey Producers Association and the Sioux Honey Association to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). response to its notice of institution (71 FR 64292, November 1, 2006) of the subject five-year reviews was adequate and that the respondent interested party group responses were inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews. 1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Act. Staff report. A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on May 15, 2007, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to § 207.62(d)(4) of the Commission’s rules. Written submissions. As provided in § 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determinations the Commission should reach in the reviews. Comments are due on or before May 22, 2007, and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by May 22, 2007. However, should the Department of Commerce extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by § 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Determinations. The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission’s rules. By order of the Commission. Issued: February 7, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–2455 Filed 2–12–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–919 and 920 (Review)] Welded Large Diameter Line Pipe From Japan And Mexico AGENCY : United States International Trade Commission. ACTION : Notice of Commission determinations to conduct full five-year reviews concerning the antidumping duty orders on welded large diameter line pipe from Japan and Mexico. SUMMARY : The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty orders on welded large diameter line pipe from Japan and Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). EFFECTIVE DATE : February 5, 2007. FOR FURTHER INFORMATION CONTACT : Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (http:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION : On February 5, 2007, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c)(5) of the Act. The Commission found that both the domestic and respondent interested party group responses to its notice of institution (71 FR 64294, November 1, 2006) were adequate. A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission’s rules. By order of the Commission. Issued: February 7, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–2456 Filed 2–12–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Foreign Claims Settlement Commission Privacy Act of 1974; Systems of Records AGENCY : Foreign Claims Settlement Commission, Justice. ACTION : Revisions of Notice of Privacy Act Systems of Records. SUMMARY : Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, notice is given that the Foreign Claims Settlement Commission (‘‘Commission’’) is modifying all of its VerDate Aug<31>2005 18:10 Feb 12, 2007 Jkt 211001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\13FEN1.SGM 13FEN1 jlentini on PROD1PC65 with NOTICES ──────────────────────────────────────────────────────────── === Final Results - AD - Argentina === 10150 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices established in the Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’), as amplified by the Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2, 1994). Under the separate–rates criteria, the Department assigns separate rates in NME cases only if the respondent can demonstrate the absence of both de jure and de facto governmental control over export activities. By failing to allow the Department to verify the accuracy of their submissions, Leping Lotai, Nanjing Merry, and Shanghai Strong, have not demonstrated they are free of government control and are therefore not eligible to receive a separate rate. In the Notices of Initiation, the Department stated that an exporter unable to demonstrate the company’s eligibility for a separate rate does not meet the requirements of 19 CFR 351.214(b)(2)(iii) and its new shipper review will be rescinded. See May 5, 2006, Initiation Notice at 26454; see also May 31, 2006, Initiation Notice at 30866. Therefore, the Department is preliminarily rescinding the new shipper reviews of Leping Lotai, Nanjing Merry, and Shanghai Strong. See, e.g., Notice of Preliminary Results of Antidumping Duty New Shipper Review and Rescission of New Shipper Reviews: Freshwater Crawfish Tail Meat from the People’s Republic of China, 69 FR 53669 (September 2, 2004); see also Brake Rotors From the People’s Republic of China: Rescission of Second New Shipper Review and Final Results and Partial Rescission of First Antidumping Duty Administrative Review, 64 FR 61581 (November 12, 1999). Schedule for Final Results of Review Unless otherwise notified by the Department, interested parties may submit case briefs within 30 days of the date of publication of this notice in accordance with section 351.309(c)(ii) of the Department’s regulations. As part of the case brief, parties are encouraged to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Rebuttal briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the case brief is filed. Any interested party may request a hearing within 30 days of publication of this notice in accordance with section 351.310(c) of the Department’s regulations. Any hearing would normally be held 37 days after the publication of this notice, or the first workday thereafter, at the U.S. Department of Commerce, 14th Street and Constitution Avenue N.W., Washington, DC 20230. Individuals who wish to request a hearing must submit a written request within 30 days of the publication of this notice in the Federal Register to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Requests for a public hearing should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and, (3) to the extent practicable, an identification of the arguments to be raised at the hearing. If a hearing is held, an interested party must limit its presentation only to arguments raised in its briefs. Parties should confirm by telephone the time, date, and place of the hearing 48 hours before the scheduled time. The Department will issue the final results of this new shipper review, which will include the results of its analysis of issues raised in the briefs, within 90 days from the date of the preliminary results, unless the time limit is extended. Notification This notice serves as the only reminder to parties subject to administrative protective orders (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/ destruction of APO material or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanctions. These new shipper reviews and this notice are published in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: February 22, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–4068 Filed 3–6–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–357–812, A–570–863] Honey From Argentina and the People’s Republic of China; Final Results of the Expedited Five-Year (‘‘Sunset’’) Reviews of Antidumping Duty Orders AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : On November 1, 2006, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on honey from Argentina and the People’s Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of notices of intent to participate and adequate substantive responses filed on behalf of domestic interested parties, and no response from respondent interested parties, the Department conducted expedited (120-day) sunset reviews of these antidumping duty orders. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the levels identified below in the ‘‘Final Results of Review’’ section of this notice. EFFECTIVE DATE : March 7, 2007. FOR FURTHER INFORMATION : Deborah Scott, AD/CVD Operations, Office 7 (Argentina), Catherine Bertrand, AD/ CVD Operations, Office 9 (PRC) or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2657, (202) 482–3207 or (202) 482– 1391, respectively. SUPPLEMENTARY INFORMATION Background On November 1, 2006, the Department initiated sunset reviews of the antidumping duty orders on honey from Argentina and the PRC pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Reviews, 71 FR 64242 (November 1, 2006). The Department received notices of intent to participate from two domestic interested parties, American Honey Producers Association and Sioux Honey Association (collectively, domestic interested parties), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. Domestic VerDate Aug<31>2005 19:10 Mar 06, 2007 Jkt 211001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 sroberts on PROD1PC70 with NOTICES 10151Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices interested parties claimed interested party status under section 771(9)(C) of the Act as U.S. producers of a domestic like product and under section 771(9)(E) as a trade association whose members produce the domestic like product in the United States. We received complete substantive responses from domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, we did not receive any responses from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset reviews of these orders. Scope of the Orders For purposes of these orders, the products covered are natural honey, artificial honey containing more than 50 percent natural honey by weight, preparations of natural honey containing more than 50 percent natural honey by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, comb, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise covered by these orders is currently classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise under this order is dispositive. Analysis of Comments Received All issues raised in these cases are addressed in the ‘‘Issues and Decision Memorandum’’ from Stephen Claeys, Deputy Assistant Secretary for AD/CVD Operations, Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated March 1, 2007 (Decision Memorandum), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these sunset reviews and the corresponding recommendations in this public memorandum, which is on file in room B–099 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Sunset Reviews We determine that revocation of the antidumping duty orders on honey from Argentina and the PRC would likely lead to continuation or recurrence of dumping at the following percentage weighted-average margins: Manufacturers/exporters/producers Weighted-average margin (percent) Argentina: Asociacion de Cooperativas Argentinas (ACA) ..................................................................................................................... 37.44 Radix S.R.L. (Radix) ............................................................................................................................................................... 32.56 ConAgra Argentina ................................................................................................................................................................. 60.67 All Others ................................................................................................................................................................................ 35.76 PRC: Inner Mongolia Autonomous Region Native Produce and Animal By-Products Import and Export Corporation ................. 57.13 Kunshan Foreign Trading Co ................................................................................................................................................. 49.60 Zhejiang Native Produce and Animal By-Products Import and Export Corp ......................................................................... 25.88 High Hope International Group Jiangsu Foodstuffs Import and Export Corp ........................................................................ 45.46 Shanghai Eswell Enterprise Co., Ltd ..................................................................................................................................... 45.46 Anhui Native Produce Import and Export Corporation .......................................................................................................... 45.46 Henan Native Produce Import and Export Corporation ......................................................................................................... 45.46 PRC-Wide rate ....................................................................................................................................................................... 183.80 This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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 violation which is subject to sanction. We are issuing and publishing these results and this notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: March 1, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–4052 Filed 3–6–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration (A–533–810) Notice of Preliminary Results of Antidumping Duty Administrative Review, Intent to Rescind and Partial Rescission of Antidumping Duty Administrative Review: Stainless Steel Bar from India AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce is conducting an administrative review of the antidumping duty order on stainless steel bar from India. The period of review is February 1, 2005, through January 31, 2006. This review covers imports of stainless steel bar from eight producers/exporters. We preliminarily find that sales of the subject merchandise have been made below normal value. In addition, based on the preliminary results for the respondents selected for individual review, we have preliminarily determined a weighted–average margin for those companies for which a review was requested, but that were not selected for individual review. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection to assess antidumping duties VerDate Aug<31>2005 18:25 Mar 06, 2007 Jkt 211001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 sroberts on PROD1PC70 with NOTICES ──────────────────────────────────────────────────────────── === Final Results - AD - China === 10150 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices established in the Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’), as amplified by the Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2, 1994). Under the separate–rates criteria, the Department assigns separate rates in NME cases only if the respondent can demonstrate the absence of both de jure and de facto governmental control over export activities. By failing to allow the Department to verify the accuracy of their submissions, Leping Lotai, Nanjing Merry, and Shanghai Strong, have not demonstrated they are free of government control and are therefore not eligible to receive a separate rate. In the Notices of Initiation, the Department stated that an exporter unable to demonstrate the company’s eligibility for a separate rate does not meet the requirements of 19 CFR 351.214(b)(2)(iii) and its new shipper review will be rescinded. See May 5, 2006, Initiation Notice at 26454; see also May 31, 2006, Initiation Notice at 30866. Therefore, the Department is preliminarily rescinding the new shipper reviews of Leping Lotai, Nanjing Merry, and Shanghai Strong. See, e.g., Notice of Preliminary Results of Antidumping Duty New Shipper Review and Rescission of New Shipper Reviews: Freshwater Crawfish Tail Meat from the People’s Republic of China, 69 FR 53669 (September 2, 2004); see also Brake Rotors From the People’s Republic of China: Rescission of Second New Shipper Review and Final Results and Partial Rescission of First Antidumping Duty Administrative Review, 64 FR 61581 (November 12, 1999). Schedule for Final Results of Review Unless otherwise notified by the Department, interested parties may submit case briefs within 30 days of the date of publication of this notice in accordance with section 351.309(c)(ii) of the Department’s regulations. As part of the case brief, parties are encouraged to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Rebuttal briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the case brief is filed. Any interested party may request a hearing within 30 days of publication of this notice in accordance with section 351.310(c) of the Department’s regulations. Any hearing would normally be held 37 days after the publication of this notice, or the first workday thereafter, at the U.S. Department of Commerce, 14th Street and Constitution Avenue N.W., Washington, DC 20230. Individuals who wish to request a hearing must submit a written request within 30 days of the publication of this notice in the Federal Register to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Requests for a public hearing should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and, (3) to the extent practicable, an identification of the arguments to be raised at the hearing. If a hearing is held, an interested party must limit its presentation only to arguments raised in its briefs. Parties should confirm by telephone the time, date, and place of the hearing 48 hours before the scheduled time. The Department will issue the final results of this new shipper review, which will include the results of its analysis of issues raised in the briefs, within 90 days from the date of the preliminary results, unless the time limit is extended. Notification This notice serves as the only reminder to parties subject to administrative protective orders (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/ destruction of APO material or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanctions. These new shipper reviews and this notice are published in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: February 22, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–4068 Filed 3–6–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–357–812, A–570–863] Honey From Argentina and the People’s Republic of China; Final Results of the Expedited Five-Year (‘‘Sunset’’) Reviews of Antidumping Duty Orders AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : On November 1, 2006, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on honey from Argentina and the People’s Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of notices of intent to participate and adequate substantive responses filed on behalf of domestic interested parties, and no response from respondent interested parties, the Department conducted expedited (120-day) sunset reviews of these antidumping duty orders. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the levels identified below in the ‘‘Final Results of Review’’ section of this notice. EFFECTIVE DATE : March 7, 2007. FOR FURTHER INFORMATION : Deborah Scott, AD/CVD Operations, Office 7 (Argentina), Catherine Bertrand, AD/ CVD Operations, Office 9 (PRC) or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2657, (202) 482–3207 or (202) 482– 1391, respectively. SUPPLEMENTARY INFORMATION Background On November 1, 2006, the Department initiated sunset reviews of the antidumping duty orders on honey from Argentina and the PRC pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Reviews, 71 FR 64242 (November 1, 2006). The Department received notices of intent to participate from two domestic interested parties, American Honey Producers Association and Sioux Honey Association (collectively, domestic interested parties), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. Domestic VerDate Aug<31>2005 19:10 Mar 06, 2007 Jkt 211001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 sroberts on PROD1PC70 with NOTICES 10151Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices interested parties claimed interested party status under section 771(9)(C) of the Act as U.S. producers of a domestic like product and under section 771(9)(E) as a trade association whose members produce the domestic like product in the United States. We received complete substantive responses from domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, we did not receive any responses from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset reviews of these orders. Scope of the Orders For purposes of these orders, the products covered are natural honey, artificial honey containing more than 50 percent natural honey by weight, preparations of natural honey containing more than 50 percent natural honey by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, comb, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise covered by these orders is currently classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise under this order is dispositive. Analysis of Comments Received All issues raised in these cases are addressed in the ‘‘Issues and Decision Memorandum’’ from Stephen Claeys, Deputy Assistant Secretary for AD/CVD Operations, Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated March 1, 2007 (Decision Memorandum), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these sunset reviews and the corresponding recommendations in this public memorandum, which is on file in room B–099 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Sunset Reviews We determine that revocation of the antidumping duty orders on honey from Argentina and the PRC would likely lead to continuation or recurrence of dumping at the following percentage weighted-average margins: Manufacturers/exporters/producers Weighted-average margin (percent) Argentina: Asociacion de Cooperativas Argentinas (ACA) ..................................................................................................................... 37.44 Radix S.R.L. (Radix) ............................................................................................................................................................... 32.56 ConAgra Argentina ................................................................................................................................................................. 60.67 All Others ................................................................................................................................................................................ 35.76 PRC: Inner Mongolia Autonomous Region Native Produce and Animal By-Products Import and Export Corporation ................. 57.13 Kunshan Foreign Trading Co ................................................................................................................................................. 49.60 Zhejiang Native Produce and Animal By-Products Import and Export Corp ......................................................................... 25.88 High Hope International Group Jiangsu Foodstuffs Import and Export Corp ........................................................................ 45.46 Shanghai Eswell Enterprise Co., Ltd ..................................................................................................................................... 45.46 Anhui Native Produce Import and Export Corporation .......................................................................................................... 45.46 Henan Native Produce Import and Export Corporation ......................................................................................................... 45.46 PRC-Wide rate ....................................................................................................................................................................... 183.80 This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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 violation which is subject to sanction. We are issuing and publishing these results and this notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: March 1, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–4052 Filed 3–6–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration (A–533–810) Notice of Preliminary Results of Antidumping Duty Administrative Review, Intent to Rescind and Partial Rescission of Antidumping Duty Administrative Review: Stainless Steel Bar from India AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce is conducting an administrative review of the antidumping duty order on stainless steel bar from India. The period of review is February 1, 2005, through January 31, 2006. This review covers imports of stainless steel bar from eight producers/exporters. We preliminarily find that sales of the subject merchandise have been made below normal value. In addition, based on the preliminary results for the respondents selected for individual review, we have preliminarily determined a weighted–average margin for those companies for which a review was requested, but that were not selected for individual review. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection to assess antidumping duties VerDate Aug<31>2005 18:25 Mar 06, 2007 Jkt 211001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 sroberts on PROD1PC70 with NOTICES ──────────────────────────────────────────────────────────── === Final Results - CVD - Argentina === 32078 Federal Register / Vol. 72, No. 111 / Monday, June 11, 2007 / Notices Dated: June 4, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–11248 Filed 6–8–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration University of Miami, et al.; Notice of Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes This is a decision consolidated pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m.. and 5 p.m. in Room 2104, U.S. Department of Commerce, 14th and Constitution Avenue., NW., Washington, DC. Docket Number: 07–023. Applicant: University of Miami, Coral Gables, FL. Instrument: Electron Microscope, Model JEM–1400. Manufacturer: JEOL, USA, Inc., Japan. Intended Use: See notice at 72 FR 27076, May 14, 2007. Order Date: September 27, 2006. Docket Number: 07–024. Applicant: Shriners Hospitals for Children, Portland, OR. Instrument: Transmission Electron Microscope. Manufacturer: FEI, Company, The Netherlands. Intended Use: See notice at 72 FR 27076, May 14, 2007. Order Date: December 20, 2006. Docket Number: 07–027. Applicant: University of Missouri-Columbia, Columbia, MO. Instrument: Transmission Electron Microscope, Model JEM -1400. Manufacturer: JEOL, Japan. Intended Use: See notice at 72 FR 27076, May 14, 2007. Order Date: January 10, 2007. Docket Number: 07–028. Applicant: Vanderbilt University, Nashville, TN. Instrument: Transmission Electron Microscope, Model FP 5005/05. Manufacturer: FEI, Brno, Czech Republic. Intended Use: See notice at 72 FR 27076, May 14, 2007. Order Date: December 20, 2006. Comments: None received. Decision: Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as these instruments are intended to be used, was being manufactured in the United States at the time the instruments were ordered. Reasons: Each foreign instrument is an electron microscope and is intended for research or scientific educational uses requiring an electron microscope. We know of no electron microscope, or any other instrument suited to these purposes, which was being manufactured in the United States at the time of order of each instrument. Dated: June 5, 2007. Faye Robinson, Director, Statutory Import Programs Staff. [FR Doc. E7–11234 Filed 6–8–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE. International Trade Administration C–357–813 Honey from Argentina: Final Results of Full Sunset Review of the Countervailing Duty Order AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : On February 28, 2007, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the full sunset review of the countervailing duty (CVD) order on Honey from Argentina, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of our analysis, the Department preliminarily found that revocation of the countervailing duty order would be likely to lead to continuation or recurrence of a countervailable subsidy. We provided interested parties an opportunity to comment on our preliminary results. However, we received no comments from interested parties. As a result, the final results remain the same as the preliminary results of this review. EFFECTIVE DATE : June 11, 2007. FOR FURTHER INFORMATION CONTACT : Elfi Blum or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0197 or (202) 482– 1391, respectively. SUPPLEMENTARY INFORMATION : On February 28, 2007, the Department published its Preliminary Results of Full Sunset Review: Countervailing Duty Order on Honey from Argentina, 72 FR 8970 (February 28, 2007) (Preliminary Results). In our Preliminary Results, we found that revocation of the order would likely lead to continuation or recurrence of a countervailable subsidy on the subject merchandise. Interested parties were invited to comment on our Preliminary Results. The Department received no comments from either the domestic interested parties or respondent interested parties. Scope of the Order The merchandise covered by this order is artificial honey containing more than 50 percent natural honeys by weight, preparations of natural honey containing more than 50 percent natural honeys by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, combs, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise subject to this order is currently classifiable under subheadings 0409.00.00, 1702.90, and 2106.90.99 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and U.S. Customs and Border Protection (CBP) purposes, the Department’s written description of the merchandise covered by this order is dispositive. Final Results of Review As stated in the Preliminary Results, the Department determined that revocation of the countervailing duty order would likely lead to continuation or recurrence of a countervailable subsidy. In addition, we preliminarily determined that the net countervailable subsidy likely to prevail if the order were revoked is 5.85 percent. As we did not receive any comments from any interested parties regarding the Preliminary Results, we have no reason to reconsider our preliminary decision. International Trade Commission (ITC) Notification In accordance with section 752(b)(3) of the Act, we will notify the ITC of the final results of this full sunset review. Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with section 351.305 of the Department’s regulations. Timely 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 violation which is subject to sanction. We are issuing and publishing this determination and notice in accordance with sections 751(c), 752, and 777(i) of the Act. VerDate Mar<15>2010 12:15 Mar 07, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\ERIC\11JNN1.SGM 11JNN1 rmajette on DSK8KYBLC1PROD with MISCELLANEOUS 32079Federal Register / Vol. 72, No. 111 / Monday, June 11, 2007 / Notices 1 72 FR 27091 (May 14, 2007). 2 7 U.S.C. 1 et seq. 3 15 U.S.C. 78f. 4 15 U.S.C. 78q–1. 5 7 U.S.C. 7a–1. 6 7 U.S.C. 6(c). Dated: June 4, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–11249 Filed 6–8–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review ACTION : Notice of application to amend the Export Trade Certificate of Review ssued to the American Sugar Alliance. SUMMARY : Export Trading Company Affairs (‘‘ETCA’’) of the International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (‘‘Certificate’’). This notice summarizes the proposed amendment and requests comments relevant to whether the Certificate should be issued. FOR FURTHER INFORMATION CONTACT : Jeffrey 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. 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from state and federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination of whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021B, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, American Sugar Alliance, application number 06– A0003.’’ The American Sugar Alliance’s (‘‘ASA’’) original Certificate was issued on March 16, 2007 (72 FR 14081, March 26, 2007). A summary of the current application for an amendment follows. Summary of the Application: Applicant: American Sugar Alliance (‘‘ASA’’), 2111 Wilson Boulevard, Suite 600, Arlington, VA 22201. Contact: Robert C. Cassidy, Jr., Counsel to ASA, Telephone: (202) 663– 6740. Application No.: 06–A0003. Date Deemed Submitted: May 29, 2007. Proposed Amendment: ASA seeks to amend its Certificate to: 1. Add the following company as a new ‘‘Member’’ of the Certificate within the meaning of section 325.2(l) of the Regulations (15 CFR 325.2(l)): Americane Sugar Refining LLC, Taylor, MI. 2. Revise the Export Trade Activities and Methods of Operation. The proposed changes, shown as underscored text, are as follows: CPA Administration The ASA will allocate all CPAs at one time. ASA may reallocate CPAs if a new Producer becomes a Member. In the event that any CPAs are returned to ASA for any reason, ASA will reallocate those CPAs among interested Producers. The allocation, and any reallocations, will be completed before December 16, 2007. Information Collection and Exchange ASA may ask Producers individually for their production capacity figures for 2006 for the purposes of allocating the CPAs. Producers may supply that information to ASA, and ASA may allocate and reallocate CPAs to Producers based on this information. Dated: June 5, 2007. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E7–11145 Filed 6–8–07; 3:21 pm] BILLING CODE 3510–DR–P COMMODITY FUTURES TRADING COMMISSION Order Exempting the Trading and Clearing of Certain Credit Default Products Pursuant to the Exemptive Authority in Section 4(c) of the Commodity Exchange Act (‘‘CEA’’) AGENCY : Commodity Futures Trading Commission ACTION : Final order. SUMMARY : On May 14, 2007, the Commodity Futures Trading Commission (‘‘CFTC’’ or the ‘‘Commission’’) published for pubic comment in the Federal Register 1 a proposal to exempt for the CEA 2 the trading and clearing of certain products called credit default options (‘‘CDOs’’) and credit default basket options (‘‘CDBOs’’) that are proposed to be traded on the Chicago Board Options Exchange (‘‘CBOE’’), a natioal securities exchange registered under Section 6 of the Securities Exchange Act of 1934 (‘‘1934 Act’’), 3 and cleared through the Options Clearing Corporation (‘‘OCC’’), a registered securities clearing agency registered under Section 17A of the 1934 Act,4 and Derivatives Clearing Organization registered under Section 5b of the CEA.5 The proposed order was preceded by a request from OCC to approve rules that would permit it to clear these CDOs and CDBOs in its capacity as a registered securities clearing agency. OCC’s request presented novel and complex issues of jurisdiction and the Commission determined that an order exempting the trading and clearing of such instruments from pertinent requirements of the CEA may be appropriate. The Commission has reviewed the comments made in response to its proposal and the entire record in this matter and has determined to issue an order exempting the trading and clearing of these contracts from the CEA. Authority for this exemption is found in Section 4(c) of the CEA.6 DATES : Effective Date: June 5, 2007. FOR FURTHER INFORMATION CONTACT : John C. Lawton, Deputy Director and Chief Counsel, 202–418–5480; jlawton@cftc.gov, Robert B. Wasserman, Associate Director, 202–418–7719, lgregory*@cftc.gov, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, Three VerDate Mar<15>2010 12:15 Mar 07, 2011 Jkt 223001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\ERIC\11JNN1.SGM 11JNN1 rmajette on DSK8KYBLC1PROD with MISCELLANEOUS ──────────────────────────────────────────────────────────── === USITC Determination === 39445Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). § 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). By order of the Commission. Issued: July 13, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–13893 Filed 7–17–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–402 and 731– TA–892 and 893 (Review)] Honey From Argentina and China Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), that revocation of the countervailing duty order on honey from Argentina and the antidumping duty orders on honey from Argentina and China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted these reviews on November 1, 2006 (71 F.R. 64292) and determined on February 5, 2007 that it would conduct expedited reviews (72 F.R. 6745, February 13, 2007). The Commission transmitted its determinations in these reviews to the Secretary of Commerce on June 29, 2007. The views of the Commission are contained in USITC Publication 3929 (June 2007), entitled Honey From Argentina and China: Investigation Nos. 701–TA–402 and 731–TA–892 and 893 (Review). By order of the Commission. Issued: July 11, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–13838 Filed 7–17–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–448 and 731– TA–1117 (Preliminary)] Certain Off-the-Road Tires From China AGENCY : United States International Trade Commission. ACTION : Revised schedule for the subject investigations. SUMMARY : On June 18, 2007, the Commission established a schedule for the conduct of the subject investigations (72 FR 30831, June 4, 2007). Subsequently, the Department of Commerce extended the date for its initiation of the investigations from July 9 to July 30, 2007. The Commission, therefore, is revising its schedule to conform with Commerce’s new schedule. The Commission’s new schedule for the investigations is as follows: the deadline for filing written briefs is July 17, 2007, and the administrative deadline for transmitting determinations and views to Commerce is August 27, 2007. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). EFFECTIVE DATE : July 18, 2007. FOR FURTHER INFORMATION CONTACT : Joanna Lo (202–205–1888/ joanna.lo@usitc.gov), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at: http://edis.usitc.gov. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.12 of the Commission’s rules. By order of the Commission. Issued: July 12, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–13829 Filed 7–17–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 332–477] Sub-Saharan Africa: Factors Affecting Trade Patterns of Selected Industries— Second Annual Report AGENCY : United States International Trade Commission. ACTION : Scheduling of second annual report and public hearing; industry coverage of second report. SUMMARY : In a letter dated July 26, 2006, the United States Trade Representative (USTR) requested, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), that the U.S. International Trade Commission (Commission) prepare three annual reports relating to factors that affect trade patterns of selected industries in sub-Saharan African (SSA) countries. In response, the Commission instituted investigation No. 332–477, Sub-Saharan Africa: Factors Affecting Trade Patterns of Selected Industries, and delivered its first report on April 3, 2007. This notice announces the scheduling of the second report in this series, the industries to be covered, and the scheduling of a public hearing. DATES : October 1, 2007: Deadline for filing requests to appear at the public hearing. October 3, 2007: Deadline for filing pre- hearing briefs and statements. October 23, 2007: Public hearing. November 2, 2007: Deadline for filing post-hearing briefs and statements. April 3, 2008: Transmittal of Commission report to USTR. ADDRESSES : All Commission offices, including the Commission’s hearing rooms, are located in the United States International Trade Commission Building, 500 E Street, SW., Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at: http://www.usitc.gov/ secretary/edis.htm. FOR FURTHER INFORMATION CONTACT : Project leader Falan Yinug (202–205– 2160 or (falan.yinug@usitc.gov) or deputy project leader James Fetzer (202– VerDate Aug<31>2005 16:02 Jul 17, 2007 Jkt 211001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 pwalker on PROD1PC71 with NOTICES ──────────────────────────────────────────────────────────── === Continuation - AD - Argentina === 42384 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices 2 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the non- market economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. 2 If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import Administration Web site at http:// ia.ita.doc.gov. Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/ Countervailing Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department’s service list. The Department will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of August 2007. If the Department does not receive, by the last day of August 2007, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the U.S. Customs and Border Protection to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: July 23, 2007. Stephen J. Claeys, Deputy Assistant Secretary, for Import Administration. [FR Doc. E7–14948 Filed 8–1–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–812, A–570–863, C–357–813] Continuation of Antidumping Duty Orders on Honey From Argentina and the People’s Republic of China, and Continuation of Countervailing Duty Order on Honey From Argentina AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the Commission) that revocation of the antidumping duty (AD) orders on honey from Argentina and the People’s Republic of China (PRC) would likely lead to continuation or recurrence of dumping; that revocation of the countervailing duty (CVD) order on honey from Argentina would likely lead to continuation or recurrence of a countervailable subsidy; and, that revocation of these AD and CVD orders would likely lead to a continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of continuation of these AD and CVD orders. DATES : Effective Date: August 2, 2007. FOR FURTHER INFORMATION CONTACT : Deborah Scott (AD orders), Elfi Blum (CVD order), or Dana Mermelstein, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–2657, (202) 482– 0197, or (202) 482–1391, respectively. SUPPLEMENTARY INFORMATION : Background On November 1, 2006, the Department initiated and the Commission instituted sunset reviews of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina, pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (the Act), respectively. See Initiation of Five- Year (‘‘Sunset’’) Reviews, 71 FR 64242 (November 1, 2006) and Honey From Argentina and China, 71 FR 64292 (November 1, 2006). As a result of its reviews, the Department found that revocation of the AD orders would likely lead to a continuation or recurrence of dumping, and that revocation of the CVD order would likely lead to continuation or recurrence of subsidization, and notified the Commission of the dumping margins and the countervailable subsidy rates likely to prevail if the orders were revoked. See Honey From Argentina and the People’s Republic of China; Final Results of the Expedited Five-Year (‘‘Sunset’’) Reviews of Antidumping Duty Orders, 72 FR 10150 (March 7, 2007), and Honey from Argentina: Final Results of Full Sunset Review of the Countervailing Duty Order, 72 FR 32078 (June 11, 2007). On June 14, 2007, the Commission determined that revocation of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Honey from Argentina and China, 72 FR 39445 (July 18, 2007), and USITC Publication 3929 (June 2007) (Inv. Nos. 701–TA–402 and 731–TA– 892 and 893 (Review)). Scope of the AD Orders For purposes of these orders, the products covered are natural honey, artificial honey containing more than 50 percent natural honey by weight, preparations of natural honey containing more than 50 percent natural honey by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, comb, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise covered by these orders is currently classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1 mstockstill on PROD1PC66 with NOTICES 42385Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices merchandise under this order is dispositive. Scope of the CVD Order The merchandise subject to this order is natural honey, artificial honey containing more than 50 percent natural honey by weight, preparations of natural honey containing more than 50 percent natural honey by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, combs, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise subject to this order is currently classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise covered by this order is dispositive. Determination As a result of the determinations by the Department and the Commission that revocation of these AD and CVD orders would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy and continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina. U.S. Customs and Border Protection will continue to collect cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders is the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (‘‘Sunset’’) reviews and this continuation notice are in accordance with section 751(c) of the Act. This notice is published pursuant to 777(i) of the Act. Dated: July 24, 2007. David M. Spooner, Assistant Secretary, for Import Administration. [FR Doc. E7–14918 Filed 8–1–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–801] Ball Bearings and Parts Thereof from Germany: Notice of Court Decision Not in Harmony AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : On June 29, 2007, the United States Court of International Trade affirmed the Department of Commerce’s redetermination on remand of the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany. See Paul Mueller Industrie GmbH & Co. v. United States, Court No. 04–00522, slip op. 07–100 (CIT 2007) (Paul Mueller). The Department is now issuing this notice of court decision not in harmony with the Department’s determination. EFFECTIVE DATE : August 2, 2007. FOR FURTHER INFORMATION CONTACT : David Dirstine or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4033 or (202) 482– 4477, respectively. SUPPLEMENTARY INFORMATION : Background On September 15, 2004, the Department of Commerce (the Department) published the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany for the period May 1, 2002, through April 30, 2003. See Antifriction Bearings and Parts Thereof From France, Germany, Italy, Japan, Singapore, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Rescission of Administrative Reviews in Part, and Determination To Revoke Order in Part, 69 FR 55574 (September 15, 2004) (Final Results). The Final Results were amended in Ball Bearings and Parts Thereof from Germany; Amended Final Results of Antidumping Duty Administrative Review, 69 FR 63507 (November 2, 2004) (Amended Final Results). Paul Mueller Industrie GmbH (Paul Mueller) and Timken US Corporation (Timken) filed lawsuits challenging the Final Results as amended by the Amended Final Results. The Department requested a voluntary remand on two issues. On May 26, 2006, the United States Court of International Trade (CIT) granted the Department’s request and ordered the Department to address two items: (1) correct a ministerial error involving a billing adjustment reported by Paul Mueller for one home–market transaction and to recalculate its antidumping margin accordingly; (2) explain its treatment of Paul Mueller’s inventory carrying costs. In accordance with the CIT’s remand order in Paul Mueller v. United States, 435 F. Supp. 2d at 1241, 1246–1247 (CIT 2006), the Department filed its redetermination on remand of the final results (remand results) on September 13, 2006. In its redetermination, the Department corrected the ministerial error and made a change to its treatment of the inventory carrying costs to ensure that home–market and U.S. inventory carrying costs were calculated on a consistent basis. On June 29, 2007, the CIT affirmed the Department’s remand results. The CIT’s decision was not made publicly available until July 17, 2007, when the Court entered its judgment. See Paul Mueller, slip op. 07– 100. Decision Not in Harmony By affirming the remand results, the CIT recognized that the Department had made a ministerial error in its calculation of a billing adjustment for Paul Mueller and that its initial calculations of inventory carrying costs for Paul Mueller’s home–market and U.S. inventory carrying costs were not made on a consistent basis. The changes to our calculations with respect to Paul Mueller resulted in a change in the weighted–average margin for ball bearings and parts thereof from 0.44 percent to 0.46 percent for the period of review. Accordingly, absent an appeal or, if appealed, upon a final and conclusive court decision in this action, we will amend our final results of this review to reflect the recalculation of the margin for Paul Mueller. Suspension of Liquidation The United States Court of Appeals for Federal Circuit (CAFC) held that the Department must publish notice of a decision of the CIT or the CAFC which is not in harmony with the Department’s determination. See The Timken Company v. United States, 893 F.2d 337, 341 (CAFC 1990). Publication of this notice fulfills that obligation. The CAFC also held that, in such a case, the VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1 mstockstill on PROD1PC66 with NOTICES ──────────────────────────────────────────────────────────── === Continuation - AD - China === 42384 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices 2 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the non- market economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. 2 If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import Administration Web site at http:// ia.ita.doc.gov. Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/ Countervailing Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department’s service list. The Department will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of August 2007. If the Department does not receive, by the last day of August 2007, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the U.S. Customs and Border Protection to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: July 23, 2007. Stephen J. Claeys, Deputy Assistant Secretary, for Import Administration. [FR Doc. E7–14948 Filed 8–1–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–812, A–570–863, C–357–813] Continuation of Antidumping Duty Orders on Honey From Argentina and the People’s Republic of China, and Continuation of Countervailing Duty Order on Honey From Argentina AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the Commission) that revocation of the antidumping duty (AD) orders on honey from Argentina and the People’s Republic of China (PRC) would likely lead to continuation or recurrence of dumping; that revocation of the countervailing duty (CVD) order on honey from Argentina would likely lead to continuation or recurrence of a countervailable subsidy; and, that revocation of these AD and CVD orders would likely lead to a continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of continuation of these AD and CVD orders. DATES : Effective Date: August 2, 2007. FOR FURTHER INFORMATION CONTACT : Deborah Scott (AD orders), Elfi Blum (CVD order), or Dana Mermelstein, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–2657, (202) 482– 0197, or (202) 482–1391, respectively. SUPPLEMENTARY INFORMATION : Background On November 1, 2006, the Department initiated and the Commission instituted sunset reviews of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina, pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (the Act), respectively. See Initiation of Five- Year (‘‘Sunset’’) Reviews, 71 FR 64242 (November 1, 2006) and Honey From Argentina and China, 71 FR 64292 (November 1, 2006). As a result of its reviews, the Department found that revocation of the AD orders would likely lead to a continuation or recurrence of dumping, and that revocation of the CVD order would likely lead to continuation or recurrence of subsidization, and notified the Commission of the dumping margins and the countervailable subsidy rates likely to prevail if the orders were revoked. See Honey From Argentina and the People’s Republic of China; Final Results of the Expedited Five-Year (‘‘Sunset’’) Reviews of Antidumping Duty Orders, 72 FR 10150 (March 7, 2007), and Honey from Argentina: Final Results of Full Sunset Review of the Countervailing Duty Order, 72 FR 32078 (June 11, 2007). On June 14, 2007, the Commission determined that revocation of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Honey from Argentina and China, 72 FR 39445 (July 18, 2007), and USITC Publication 3929 (June 2007) (Inv. Nos. 701–TA–402 and 731–TA– 892 and 893 (Review)). Scope of the AD Orders For purposes of these orders, the products covered are natural honey, artificial honey containing more than 50 percent natural honey by weight, preparations of natural honey containing more than 50 percent natural honey by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, comb, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise covered by these orders is currently classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1 mstockstill on PROD1PC66 with NOTICES 42385Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices merchandise under this order is dispositive. Scope of the CVD Order The merchandise subject to this order is natural honey, artificial honey containing more than 50 percent natural honey by weight, preparations of natural honey containing more than 50 percent natural honey by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, combs, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise subject to this order is currently classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise covered by this order is dispositive. Determination As a result of the determinations by the Department and the Commission that revocation of these AD and CVD orders would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy and continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina. U.S. Customs and Border Protection will continue to collect cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders is the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (‘‘Sunset’’) reviews and this continuation notice are in accordance with section 751(c) of the Act. This notice is published pursuant to 777(i) of the Act. Dated: July 24, 2007. David M. Spooner, Assistant Secretary, for Import Administration. [FR Doc. E7–14918 Filed 8–1–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–801] Ball Bearings and Parts Thereof from Germany: Notice of Court Decision Not in Harmony AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : On June 29, 2007, the United States Court of International Trade affirmed the Department of Commerce’s redetermination on remand of the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany. See Paul Mueller Industrie GmbH & Co. v. United States, Court No. 04–00522, slip op. 07–100 (CIT 2007) (Paul Mueller). The Department is now issuing this notice of court decision not in harmony with the Department’s determination. EFFECTIVE DATE : August 2, 2007. FOR FURTHER INFORMATION CONTACT : David Dirstine or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4033 or (202) 482– 4477, respectively. SUPPLEMENTARY INFORMATION : Background On September 15, 2004, the Department of Commerce (the Department) published the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany for the period May 1, 2002, through April 30, 2003. See Antifriction Bearings and Parts Thereof From France, Germany, Italy, Japan, Singapore, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Rescission of Administrative Reviews in Part, and Determination To Revoke Order in Part, 69 FR 55574 (September 15, 2004) (Final Results). The Final Results were amended in Ball Bearings and Parts Thereof from Germany; Amended Final Results of Antidumping Duty Administrative Review, 69 FR 63507 (November 2, 2004) (Amended Final Results). Paul Mueller Industrie GmbH (Paul Mueller) and Timken US Corporation (Timken) filed lawsuits challenging the Final Results as amended by the Amended Final Results. The Department requested a voluntary remand on two issues. On May 26, 2006, the United States Court of International Trade (CIT) granted the Department’s request and ordered the Department to address two items: (1) correct a ministerial error involving a billing adjustment reported by Paul Mueller for one home–market transaction and to recalculate its antidumping margin accordingly; (2) explain its treatment of Paul Mueller’s inventory carrying costs. In accordance with the CIT’s remand order in Paul Mueller v. United States, 435 F. Supp. 2d at 1241, 1246–1247 (CIT 2006), the Department filed its redetermination on remand of the final results (remand results) on September 13, 2006. In its redetermination, the Department corrected the ministerial error and made a change to its treatment of the inventory carrying costs to ensure that home–market and U.S. inventory carrying costs were calculated on a consistent basis. On June 29, 2007, the CIT affirmed the Department’s remand results. The CIT’s decision was not made publicly available until July 17, 2007, when the Court entered its judgment. See Paul Mueller, slip op. 07– 100. Decision Not in Harmony By affirming the remand results, the CIT recognized that the Department had made a ministerial error in its calculation of a billing adjustment for Paul Mueller and that its initial calculations of inventory carrying costs for Paul Mueller’s home–market and U.S. inventory carrying costs were not made on a consistent basis. The changes to our calculations with respect to Paul Mueller resulted in a change in the weighted–average margin for ball bearings and parts thereof from 0.44 percent to 0.46 percent for the period of review. Accordingly, absent an appeal or, if appealed, upon a final and conclusive court decision in this action, we will amend our final results of this review to reflect the recalculation of the margin for Paul Mueller. Suspension of Liquidation The United States Court of Appeals for Federal Circuit (CAFC) held that the Department must publish notice of a decision of the CIT or the CAFC which is not in harmony with the Department’s determination. See The Timken Company v. United States, 893 F.2d 337, 341 (CAFC 1990). Publication of this notice fulfills that obligation. The CAFC also held that, in such a case, the VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1 mstockstill on PROD1PC66 with NOTICES ──────────────────────────────────────────────────────────── === Continuation - CVD - Argentina === 42384 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices 2 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the non- market economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. 2 If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import Administration Web site at http:// ia.ita.doc.gov. Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/ Countervailing Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department’s service list. The Department will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of August 2007. If the Department does not receive, by the last day of August 2007, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the U.S. Customs and Border Protection to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: July 23, 2007. Stephen J. Claeys, Deputy Assistant Secretary, for Import Administration. [FR Doc. E7–14948 Filed 8–1–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–812, A–570–863, C–357–813] Continuation of Antidumping Duty Orders on Honey From Argentina and the People’s Republic of China, and Continuation of Countervailing Duty Order on Honey From Argentina AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the Commission) that revocation of the antidumping duty (AD) orders on honey from Argentina and the People’s Republic of China (PRC) would likely lead to continuation or recurrence of dumping; that revocation of the countervailing duty (CVD) order on honey from Argentina would likely lead to continuation or recurrence of a countervailable subsidy; and, that revocation of these AD and CVD orders would likely lead to a continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of continuation of these AD and CVD orders. DATES : Effective Date: August 2, 2007. FOR FURTHER INFORMATION CONTACT : Deborah Scott (AD orders), Elfi Blum (CVD order), or Dana Mermelstein, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–2657, (202) 482– 0197, or (202) 482–1391, respectively. SUPPLEMENTARY INFORMATION : Background On November 1, 2006, the Department initiated and the Commission instituted sunset reviews of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina, pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (the Act), respectively. See Initiation of Five- Year (‘‘Sunset’’) Reviews, 71 FR 64242 (November 1, 2006) and Honey From Argentina and China, 71 FR 64292 (November 1, 2006). As a result of its reviews, the Department found that revocation of the AD orders would likely lead to a continuation or recurrence of dumping, and that revocation of the CVD order would likely lead to continuation or recurrence of subsidization, and notified the Commission of the dumping margins and the countervailable subsidy rates likely to prevail if the orders were revoked. See Honey From Argentina and the People’s Republic of China; Final Results of the Expedited Five-Year (‘‘Sunset’’) Reviews of Antidumping Duty Orders, 72 FR 10150 (March 7, 2007), and Honey from Argentina: Final Results of Full Sunset Review of the Countervailing Duty Order, 72 FR 32078 (June 11, 2007). On June 14, 2007, the Commission determined that revocation of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Honey from Argentina and China, 72 FR 39445 (July 18, 2007), and USITC Publication 3929 (June 2007) (Inv. Nos. 701–TA–402 and 731–TA– 892 and 893 (Review)). Scope of the AD Orders For purposes of these orders, the products covered are natural honey, artificial honey containing more than 50 percent natural honey by weight, preparations of natural honey containing more than 50 percent natural honey by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, comb, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise covered by these orders is currently classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1 mstockstill on PROD1PC66 with NOTICES 42385Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices merchandise under this order is dispositive. Scope of the CVD Order The merchandise subject to this order is natural honey, artificial honey containing more than 50 percent natural honey by weight, preparations of natural honey containing more than 50 percent natural honey by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, combs, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise subject to this order is currently classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise covered by this order is dispositive. Determination As a result of the determinations by the Department and the Commission that revocation of these AD and CVD orders would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy and continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina. U.S. Customs and Border Protection will continue to collect cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders is the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (‘‘Sunset’’) reviews and this continuation notice are in accordance with section 751(c) of the Act. This notice is published pursuant to 777(i) of the Act. Dated: July 24, 2007. David M. Spooner, Assistant Secretary, for Import Administration. [FR Doc. E7–14918 Filed 8–1–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–801] Ball Bearings and Parts Thereof from Germany: Notice of Court Decision Not in Harmony AGENCY : Import Administration, International Trade Administration, Department of Commerce. SUMMARY : On June 29, 2007, the United States Court of International Trade affirmed the Department of Commerce’s redetermination on remand of the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany. See Paul Mueller Industrie GmbH & Co. v. United States, Court No. 04–00522, slip op. 07–100 (CIT 2007) (Paul Mueller). The Department is now issuing this notice of court decision not in harmony with the Department’s determination. EFFECTIVE DATE : August 2, 2007. FOR FURTHER INFORMATION CONTACT : David Dirstine or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4033 or (202) 482– 4477, respectively. SUPPLEMENTARY INFORMATION : Background On September 15, 2004, the Department of Commerce (the Department) published the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany for the period May 1, 2002, through April 30, 2003. See Antifriction Bearings and Parts Thereof From France, Germany, Italy, Japan, Singapore, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Rescission of Administrative Reviews in Part, and Determination To Revoke Order in Part, 69 FR 55574 (September 15, 2004) (Final Results). The Final Results were amended in Ball Bearings and Parts Thereof from Germany; Amended Final Results of Antidumping Duty Administrative Review, 69 FR 63507 (November 2, 2004) (Amended Final Results). Paul Mueller Industrie GmbH (Paul Mueller) and Timken US Corporation (Timken) filed lawsuits challenging the Final Results as amended by the Amended Final Results. The Department requested a voluntary remand on two issues. On May 26, 2006, the United States Court of International Trade (CIT) granted the Department’s request and ordered the Department to address two items: (1) correct a ministerial error involving a billing adjustment reported by Paul Mueller for one home–market transaction and to recalculate its antidumping margin accordingly; (2) explain its treatment of Paul Mueller’s inventory carrying costs. In accordance with the CIT’s remand order in Paul Mueller v. United States, 435 F. Supp. 2d at 1241, 1246–1247 (CIT 2006), the Department filed its redetermination on remand of the final results (remand results) on September 13, 2006. In its redetermination, the Department corrected the ministerial error and made a change to its treatment of the inventory carrying costs to ensure that home–market and U.S. inventory carrying costs were calculated on a consistent basis. On June 29, 2007, the CIT affirmed the Department’s remand results. The CIT’s decision was not made publicly available until July 17, 2007, when the Court entered its judgment. See Paul Mueller, slip op. 07– 100. Decision Not in Harmony By affirming the remand results, the CIT recognized that the Department had made a ministerial error in its calculation of a billing adjustment for Paul Mueller and that its initial calculations of inventory carrying costs for Paul Mueller’s home–market and U.S. inventory carrying costs were not made on a consistent basis. The changes to our calculations with respect to Paul Mueller resulted in a change in the weighted–average margin for ball bearings and parts thereof from 0.44 percent to 0.46 percent for the period of review. Accordingly, absent an appeal or, if appealed, upon a final and conclusive court decision in this action, we will amend our final results of this review to reflect the recalculation of the margin for Paul Mueller. Suspension of Liquidation The United States Court of Appeals for Federal Circuit (CAFC) held that the Department must publish notice of a decision of the CIT or the CAFC which is not in harmony with the Department’s determination. See The Timken Company v. United States, 893 F.2d 337, 341 (CAFC 1990). Publication of this notice fulfills that obligation. The CAFC also held that, in such a case, the VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1 mstockstill on PROD1PC66 with NOTICES