Final Results of Countervailing Duty Expedited Review: Hard Red Spring Wheat From Canada, 3679-3680 [E5-303]
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Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Notices
it to Mexinox’s reported cost of
manufacture (COM).
• We have revised the cost of
production (COP) by adjusting the
interest expense (INTEX) rate of
Mexinox’s corporate parent,
ThyssenKrupp AG, and incorporating it
into the major input analysis. This
impacts direct material inputs
(DIRMAT) used for purposes of
calculating the total cost of manufacture
(TOTCOM).
• We have accepted the respondentreported annealing and pickling
adjustment used to recalculate
TOTCOM.
These changes are discussed in the
relevant sections of the Decision
Memorandum and the January 14, 2005
‘‘Analysis of data Submitted by Thyssen
Krupp Mexinox S.A. de C.V (Mexinox)
for the Final Results of Stainless Steel
Sheet and Strip in Coils from Mexico
(A–201–822)’’ (‘‘Analysis
Memorandum’’).
Final Results of Review
We determine the following weightedaverage percentage margin exists for the
period July 1, 2002 to June 30, 2003:
Manufacturer/exporter
Weighted average margin
(percentage)
ThyssenKrupp Mexinox S.A.
de C.V ...............................
5.42
Assessment
The Department shall determine and
Customs and Border Protection
(Customs) shall assess antidumping
duties on all appropriate entries. In
accordance with 19 CFR section
351.212(b)(1), we have calculated
importer-specific ad valorem duty
assessment rates. Where the importerspecific assessment rate is above de
minimis, we will instruct Customs to
assess duties on all entries of subject
merchandise by that importer. The
Department will issue appropriate
assessment instructions directly to
Customs within 15 days of publication
of these final results of review. We will
direct Customs to assess the resulting
assessment rate against the entered
Customs values for the subject
merchandise on each of the importer’s
entries under the relevant order during
the POR. See 19 CFR section 351.212(a).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
VerDate jul<14>2003
19:33 Jan 25, 2005
Jkt 205001
publication date of these final results of
administrative review, as provided by
section 751(a)(1) of the Tariff Act of
1930 as amended (the Tariff Act): (1)
The cash deposit rate for the reviewed
company will be the rate listed above;
(2) if the exporter is not a firm covered
in this review, a prior review, or the
original less than fair value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (3) the cash deposit
rate for all other manufacturers or
exporters will continue to be the ‘‘all
others’’ rate of 30.85 percent, which is
the ‘‘All Others’’ rate established in the
LTFV investigation. See Notice of Final
Determination of Sales at Less Than
Fair Value: Stainless Steel Sheet and
Strip in Coils from Mexico, 64 FR 30790
(June 8, 1999). These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
Notification to Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR section
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR section 351.305, that
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
3679
Dated: January 14, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
Adjustments to Normal Value
Comment 1: Home Market Post-Sale Price
Adjustments
Comment 2: Level of Trade
Comment 3: Handling Expenses
Comment 4: Peso-Based Interest Rate for
Home Market Sales
Adjustments to United States Price
Comment 5: CEP Profit
Comment 6: Bankruptcy-Related Bad Debt
Comment 7: Certain Service Expenses
Recorded by Mexinox USA
Cost of Production
Comment 8: Monthly-Averaging Costs of
Raw Material Inputs
Comment 9: Annealing and Pickling Cost
Adjustment
Comment 10: General and Administrative
Expenses
Comment 11: Financial Expenses
Comment 12: Below-Cost Test
Comment 13: Pricing in Major Input
Analysis
Comment 14: Cost Build-Up in Major Input
Analysis
Margin Calculations
Comment 15: Repurchase of ThyssenKrupp
AG Shares
Comment 16: Treatment of Non-Dumped
Sales
Comment 17: Circumstances of Sale
Adjustment
[FR Doc. 05–1391 Filed 1–25–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–848]
Final Results of Countervailing Duty
Expedited Review: Hard Red Spring
Wheat From Canada
AGENCY:
Import Administration, International
Trade Administration, Department of
Commerce.
SUMMARY:
On October 21, 2004, the Department
of Commerce published the preliminary
results of the expedited review of the
countervailing duty order on hard red
spring wheat from Canada. The
company covered by this review was
Richelain Farms. The period of review
is August 1, 2001, through July 31, 2002.
We gave interested parties an
opportunity to comment on those
results. None were submitted. Thus, the
final results of the expedited review do
not differ from the preliminary results,
in which we found that countervailable
E:\FR\FM\26JAN1.SGM
26JAN1
3680
Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Notices
subsidies are not being provided to
Richelain Farms.
Based on these final results, we are
excluding Richelain Farms from the
countervailing duty order in this
proceeding. We will instruct U.S.
Customs and Border Protection to
refund all collected cash deposits and
waive future cash deposit requirements
for Richelain Farms, as detailed in the
‘‘Final Results of Expedited Review’’
section of this notice.
EFFECTIVE DATE:
January 26, 2005.
FOR FURTHER INFORMATION CONTACT:
Stephen Cho or Daniel Alexy, AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–3798 and (202)
482–1540, respectively.
SUPPLEMENTARY INFORMATION:
Petitioner
The petitioner is the North Dakota
Wheat Commission, one of the
participating petitioners in the
investigation.
Period of Review
The period of review for this
expedited review is the same period as
the investigation: August 1, 2001, to July
31, 2002, which coincides with the
fiscal year of the Canadian Wheat Board
(‘‘CWB’’). See 19 CFR 351.204(b)(2) and
19 CFR 351.214(k)(3)(i).
Background
The preliminary results of this
expedited review were published in the
Federal Register on October 21, 2004.
See Preliminary Results of
Countervailing Duty Expedited Review:
Hard Red Spring Wheat from Canada,
69 FR 61799 (‘‘Preliminary Results’’). In
the Preliminary Results, we invited
parties to comment. The parties neither
submitted comments nor requested a
hearing.
Scope of Review
The products covered by this order
are all varieties of hard red spring wheat
(‘‘HRSW’’) from Canada. This includes,
but is not limited to, varieties
commonly referred to as Canada
Western Red Spring, Canada Western
Extra Strong, and Canada Prairie Spring
Red. The merchandise subject to this
order is currently classifiable under the
following Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’)
subheadings: 1001.90.10.00,
1001.90.20.05, 1001.90.20.11,
1001.90.20.12, 1001.90.20.13,
VerDate jul<14>2003
19:33 Jan 25, 2005
Jkt 205001
1001.90.20.14, 1001.90.20.16,
1001.90.20.19, 1001.90.20.21,
1001.90.20.22, 1001.90.20.23,
1001.90.20.24, 1001.90.20.26,
1001.90.20.29, 1001.90.20.35, and
1001.90.20.96. This order does not cover
imports of wheat that enter under the
subheadings 1001.90.10.00 and
1001.90.20.96 that are not classifiable as
hard red spring wheat. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
proceeding is dispositive.
Final Results of Expedited Review
The CWB represents Western
Canadian wheat producers who want to
sell their wheat in the global wheat
market. The CWB enjoys certain powers
and rights similar to those of
government agencies; for example,
under the Canadian Wheat Board Act,
the CWB is a single–desk seller of all
‘‘Western Division’’ grain. According to
the Canada Transportation Act,
‘‘Western Division’’ means the part of
Canada lying west of the meridian
passing through the eastern boundary of
the City of Thunder Bay, including the
whole of the Province of Manitoba.
In the September 5, 2003, Final
Affirmative Countervailing Duty
Determinations: Certain Durum Wheat
and Hard Red Spring Wheat from
Canada, 68 FR 52747, we determined
that the CWB benefitted from two
countervailable subsidy programs:
‘‘Provision of Government–Owned and
Leased Railcars’’ and ‘‘Comprehensive
Financial Risk Coverage: The
Borrowing, Lending, and Initial
Payment Guarantees.’’ In its
questionnaire response, Richelain Farms
(‘‘Richelain’’) (the respondent in this
expedited review), which is located in
Quebec, reported that it never benefitted
from the subsidy programs found
countervailable in the investigation.
Furthermore, Richelain reported that it
has never purchased or exported CWB
wheat, and that it has no business
relationship with the CWB.
At verification, the Department of
Commerce (‘‘the Department’’) did not
find any evidence that Richelain
received subsidies from the programs
found countervailable in the
investigation. The Department also
found no indication of any relationship
between Richelain and the CWB, or that
Richelain exported CWB–sourced wheat
to the United States. See October 8,
2004, memorandum entitled,
‘‘Verification of Richelain Farms in the
Countervailing Duty Expedited Review
of Hard Red Spring Wheat from
Canada,’’ which is on file in the
Department’s Central records Unit in
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Room B–099 of the main Department
building. Accordingly, the Department
determines that Richelain has not
benefitted from any of the subsidies
found countervailable in the
investigation.
The calculated individual subsidy
rate for Richelain, the only respondent
subject to this expedited review, is zero.
Accordingly, pursuant to 19 CFR
351.214(k)(3)(iv), we determine that
Richelain should be excluded from the
countervailing duty order. As a result,
we will instruct U.S. Customs and
Border Protection (‘‘CBP’’) to refund all
cash deposits of estimated
countervailing duties collected on all
shipments of HRSW produced and
exported by Richelain. In addition, we
will instruct CBP to waive cash deposit
requirements of estimated
countervailing duties on all shipments
of HRSW produced and exported by
Richelain, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of these results.
The results of this expedited review
are published pursuant to sections
751(a)(1) and 777(i) of the Tariff Act of
1930, as amended.
Dated: January 19, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–303 Filed 1–25–05; 8:45 am]
BILLING CODE: 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 011905D]
Proposed Information Collection;
Comment Request; High Seas Fishing
Vessel Reporting Requirements
National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before March 28, 2005.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW,
E:\FR\FM\26JAN1.SGM
26JAN1
]]>Agencies
[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Notices]
[Pages 3679-3680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-303]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-848]
Final Results of Countervailing Duty Expedited Review: Hard Red
Spring Wheat From Canada
AGENCY:
Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY:
On October 21, 2004, the Department of Commerce published the
preliminary results of the expedited review of the countervailing duty
order on hard red spring wheat from Canada. The company covered by this
review was Richelain Farms. The period of review is August 1, 2001,
through July 31, 2002. We gave interested parties an opportunity to
comment on those results. None were submitted. Thus, the final results
of the expedited review do not differ from the preliminary results, in
which we found that countervailable
[[Page 3680]]
subsidies are not being provided to Richelain Farms.
Based on these final results, we are excluding Richelain Farms from
the countervailing duty order in this proceeding. We will instruct U.S.
Customs and Border Protection to refund all collected cash deposits and
waive future cash deposit requirements for Richelain Farms, as detailed
in the ``Final Results of Expedited Review'' section of this notice.
EFFECTIVE DATE:
January 26, 2005.
FOR FURTHER INFORMATION CONTACT: Stephen Cho or Daniel Alexy, AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-3798
and (202) 482-1540, respectively.
SUPPLEMENTARY INFORMATION:
Petitioner
The petitioner is the North Dakota Wheat Commission, one of the
participating petitioners in the investigation.
Period of Review
The period of review for this expedited review is the same period
as the investigation: August 1, 2001, to July 31, 2002, which coincides
with the fiscal year of the Canadian Wheat Board (``CWB''). See 19 CFR
351.204(b)(2) and 19 CFR 351.214(k)(3)(i).
Background
The preliminary results of this expedited review were published in
the Federal Register on October 21, 2004. See Preliminary Results of
Countervailing Duty Expedited Review: Hard Red Spring Wheat from
Canada, 69 FR 61799 (``Preliminary Results''). In the Preliminary
Results, we invited parties to comment. The parties neither submitted
comments nor requested a hearing.
Scope of Review
The products covered by this order are all varieties of hard red
spring wheat (``HRSW'') from Canada. This includes, but is not limited
to, varieties commonly referred to as Canada Western Red Spring, Canada
Western Extra Strong, and Canada Prairie Spring Red. The merchandise
subject to this order is currently classifiable under the following
Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings: 1001.90.10.00, 1001.90.20.05, 1001.90.20.11,
1001.90.20.12, 1001.90.20.13, 1001.90.20.14, 1001.90.20.16,
1001.90.20.19, 1001.90.20.21, 1001.90.20.22, 1001.90.20.23,
1001.90.20.24, 1001.90.20.26, 1001.90.20.29, 1001.90.20.35, and
1001.90.20.96. This order does not cover imports of wheat that enter
under the subheadings 1001.90.10.00 and 1001.90.20.96 that are not
classifiable as hard red spring wheat. Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of this proceeding is dispositive.
Final Results of Expedited Review
The CWB represents Western Canadian wheat producers who want to
sell their wheat in the global wheat market. The CWB enjoys certain
powers and rights similar to those of government agencies; for example,
under the Canadian Wheat Board Act, the CWB is a single-desk seller of
all ``Western Division'' grain. According to the Canada Transportation
Act, ``Western Division'' means the part of Canada lying west of the
meridian passing through the eastern boundary of the City of Thunder
Bay, including the whole of the Province of Manitoba.
In the September 5, 2003, Final Affirmative Countervailing Duty
Determinations: Certain Durum Wheat and Hard Red Spring Wheat from
Canada, 68 FR 52747, we determined that the CWB benefitted from two
countervailable subsidy programs: ``Provision of Government-Owned and
Leased Railcars'' and ``Comprehensive Financial Risk Coverage: The
Borrowing, Lending, and Initial Payment Guarantees.'' In its
questionnaire response, Richelain Farms (``Richelain'') (the respondent
in this expedited review), which is located in Quebec, reported that it
never benefitted from the subsidy programs found countervailable in the
investigation. Furthermore, Richelain reported that it has never
purchased or exported CWB wheat, and that it has no business
relationship with the CWB.
At verification, the Department of Commerce (``the Department'')
did not find any evidence that Richelain received subsidies from the
programs found countervailable in the investigation. The Department
also found no indication of any relationship between Richelain and the
CWB, or that Richelain exported CWB-sourced wheat to the United States.
See October 8, 2004, memorandum entitled, ``Verification of Richelain
Farms in the Countervailing Duty Expedited Review of Hard Red Spring
Wheat from Canada,'' which is on file in the Department's Central
records Unit in Room B-099 of the main Department building.
Accordingly, the Department determines that Richelain has not
benefitted from any of the subsidies found countervailable in the
investigation.
The calculated individual subsidy rate for Richelain, the only
respondent subject to this expedited review, is zero. Accordingly,
pursuant to 19 CFR 351.214(k)(3)(iv), we determine that Richelain
should be excluded from the countervailing duty order. As a result, we
will instruct U.S. Customs and Border Protection (``CBP'') to refund
all cash deposits of estimated countervailing duties collected on all
shipments of HRSW produced and exported by Richelain. In addition, we
will instruct CBP to waive cash deposit requirements of estimated
countervailing duties on all shipments of HRSW produced and exported by
Richelain, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of these results.
The results of this expedited review are published pursuant to
sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended.
Dated: January 19, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-303 Filed 1-25-05; 8:45 am]
BILLING CODE: 3510-DS-S
