Carbon and Alloy Steel Wire Rod from Mexico: Extension of Time Limits for the Final Results of Antidumping Administrative Review, 7925-7926 [E5-652]

Download as PDF Federal Register / Vol. 70, No. 31 / Wednesday, February 16, 2005 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Notice of Court Decision and Suspension of Liquidation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 21, 2005, in Luoyang Bearing Factory v. United States, Slip Op. 05–3, the Court of International Trade (‘‘CIT’’) affirmed the Department of Commerce’s Final Results of Redetermination Pursuant to Remand (‘‘Remand Results’’), dated September 30, 2004. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (‘‘CAFC’’) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a ‘‘conclusive’’ decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection (‘‘Customs’’) to liquidate all relevant entries from Luoyang Bearing Factory (‘‘Luoyang’’), Zheijiang Machinery Import & Export Corporation (‘‘ZMC’’), China National Machinery Import & Export Corporation (‘‘CMC’’), and Wafangdian Bearing Company, Limited (‘‘Wafangdian’’) and revise the cash deposit rates as appropriate. EFFECTIVE DATE: February 16, 2005. FOR FURTHER INFORMATION CONTACT: Andrew Smith, 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) 482–1276. SUPPLEMENTARY INFORMATION: AGENCY: Background Following publication of the TRBs XII Final Results, the Timken Company (‘‘Timken’’), the petitioner in this case, and the respondents, Luoyang Bearing, ZMC, CMC and Wafangdian (‘‘respondents’’), filed a lawsuit with the CIT challenging the Department’s findings in Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China; Final Results of 1998–1999 Administrative Review, Partial Rescission of Review, and Determination Not to Revoke Order in VerDate jul<14>2003 12:44 Feb 15, 2005 Jkt 205001 Part, 66 FR 1953 (January 10, 2001) (‘‘TRBs XII Final Results’’).1 In Luoyang Bearing Corp. (Group), Zhejiang Machinery Import & Export Corp., China National Machinery Import & Export Corporation, and Wafangdian Bearing Company, Ltd. v. United States, Slip Op. 04–53 (CIT 2004) (‘‘Luoyang Bearing’’), the CIT instructed the Department to (1) further explain why the surrogate values it chose for wooden cases and the steel used to produce tapered roller bearings for Wafangdian constitute the ‘‘best available information,’’ and address the aberrational data referenced by the respondents; and (2) conduct the separate rates analysis with respect to Premier Bearing & Equipment Limited (‘‘Premier’’) and apply the PRC rate to all of Premier’s United States sales if it is determined that Premier is not independent of government control. The Draft Final Results Pursuant to Remand (‘‘Draft Results’’) were released to parties on August 31, 2004. The Department received comments from interested parties on the Draft Results on September 8, 2004, and rebuttal comments on September 13, 2004. There were no substantive changes made to the Remand Results as a result of comments received on the Draft Results. On September 30, 2004, the Department responded to the CIT’s Order of Remand by filing the Remand Results. In its Remand Results, the Department revised the surrogate value used to value steel inputs used in the production of rollers by excluding aberrational data as well as data that the Department had reason to believe or suspect were distorted. The Department also corrected a clerical error in the programming used to calculate the margin for ZMC. As a result of the remand redetermination, the antidumping duty rate for Luoyang was decreased from 4.37 to 3.85 percent. The antidumping duty rate for ZMC was decreased from 7.37 to 0.00. The antidumping duty rate for CMC was decreased from 0.82 to 0.78 percent. The antidumping duty rate for Wafangdian and the PRC–wide rate were unchanged from the TRBs XII Amended Final Results. On October 20 and 27, 2004, the CIT received comments from Timken and the respondents, respectively. On November also Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China; Amended Final Results of 1998–1999 Administrative Review and Determination To Revoke Order in Part, 66 FR 11562 (February 26, 2004) (‘‘TRBs XII Amended Final Results’’) (the Department amended TRBs XII Final Results to correct for certain ministerial errors made in the calculation of the company-specific margin). PO 00000 1 See Frm 00004 Fmt 4703 Sfmt 4703 7925 12, 2004, Timken filed rebuttal comments to the respondents’ comments. On December 6, 2004, the Department responded to these comments. On January 21, 2005, the CIT affirmed the Department’s findings in the Remand Results. Specifically, the CIT upheld the Department’s explanation of what constitutes the ‘‘best available information’’ with regard to the surrogate values the Department chose for wooden cases and for the steel used to produce rollers; the Department’s application of the Separate Rates test; the Department’s decision to not revoke the antidumping order for ZMC; and, the Department’s practice of using other producers’ factors data to calculate Premier’s normal value. See Luoyang Bearing Factory v. United States, Slip Op. 05–3 (CIT January 21, 2005). The only revisions made to TRBs XII Final Results were revisions to the surrogate values and the programming language noted above. The revision of the surrogate values resulted in a change in both Luoyang’s and CMC’s margins. The correction of the programming error resulted in a change to ZMC’s margin. Suspension of Liquidation The CAFC, in Timken, 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 final determination or results. Publication of this notice fulfills that obligation. The CAFC also held that the Department must suspend liquidation of the subject merchandise until there is a ‘‘conclusive’’ decision in the case. Therefore, pursuant to Timken, the Department must continue to suspend liquidation pending the expiration of the period to appeal the CIT’s January 21, 2005, decision or, if that decision is appealed, pending a final decision by the CAFC. The Department will instruct Customs to revise cash deposit rates, as appropriate, and to liquidate relevant entries covering the subject merchandise effective February 16, 2005, in the event that the CIT’s ruling is not appealed, or if appealed and upheld by the CAFC. Dated: February 8, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–651 Filed 2–15–05; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\16FEN1.SGM 16FEN1 7926 Federal Register / Vol. 70, No. 31 / Wednesday, February 16, 2005 / Notices Dated: February 10, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–652 Filed 2–15–05; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–201–830] Carbon and Alloy Steel Wire Rod from Mexico: Extension of Time Limits for the Final Results of Antidumping Administrative Review BILLING CODE 3510–DS–S Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 16, 2005. FOR FURTHER INFORMATION CONTACT: Mark Young at (202) 482–6397, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave, NW, Washington, DC 20230. National Oceanic and Atmospheric Administration AGENCY: Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue (1) the preliminary results of a review within 245 days after the last day of the month in which occurs the anniversary of the date of publication of an order or finding for which a review is requested, and (2) the final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within that time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days and the final results to a maximum of 180 days (or 300 days if the Department does not extend the time limit for the preliminary results) from the date of the publication of the preliminary results. See also 19 CFR 351.213(h)(2). Extension of Final Results of Reviews We determine that it is not practicable to complete the final results of this review within the original time limits. Due to the complexity of issues present in this administrative review, such as complicated cost accounting issues, the Department needs more time to address these items and evaluate the issues more thoroughly. Therefore, we are extending the deadline for the final results of the above–referenced review 60 days1. As a result, the final results will be issued no later than May 9, 2005. This extension is in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). 1 The 60-day extension of the final results falls on Saturday May 7, 2005; therefore, the final results will be issued no later than the first business day thereafter, Monday May 9, 2005. VerDate jul<14>2003 12:44 Feb 15, 2005 Jkt 205001 DEPARTMENT OF COMMERCE Marine Protected Areas Center Public Information and Feedback Forum National Ocean Service, NOAA, Department of Commerce. ACTION: Notice of public meeting. AGENCY: SUMMARY: Notice is hereby given of a public meeting concerning the development of a national system of marine protected areas (MPAs) pursuant to Executive Order 13158 (May 26, 2000). This meeting in the Washington, DC metropolitan area is the first in a series of regional forums to be held around the United States to solicit input from the public concerning their views on a national system of MPAs. Additional meetings will be announced and scheduled pending available resources. Refer to the web page listed below for background information concerning the development of a national system of MPAs. Meeting room capacity is limited to 75 people, and as such participants are required to RSVP via the e-mail address (preferable), fax number, or phone number listed below, by no later than 5 p.m. EST on February 28, 2005. Attendance will be available to the first 75 people who RSVP. Those who wish to attend but cannot due to space or schedule limitations can find background materials at the web page listed below and may submit written statements to the e-mail, fax, or mailing address below. A written summary of the meeting will be posted on the Web site within one month of its occurrence. DATES: The meeting will be held Monday, March 7, 2005 from 6:30 p.m. to 9 p.m. EST. ADDRESSES: The meeting will be held at the Hotel Washington, 15th St NW., at Pennsylvania Ave NW., Washington, DC 20004. FOR FURTHER INFORMATION CONTACT: Jonathan Kelsey, National System Development Coordinator, National Marine Protected Areas Center, 1305 East-West Highway, Silver Spring, Maryland, 20910. (Phone: 301–713– 3155 ext. 230, Fax: 301–713–3110); email: mpa.comments@noaa.gov; or PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 visit the National MPA Center Web site at https://mpa.gov/national_system/). These forums are intended to solicit the public’s views regarding the development of a national system of MPAs. All input received via these forums, email, or fax will be for the public record and considered in developing a draft proposal for a national system of MPAs. At this preliminary stage in the effort to develop the national system, NOAA does not intend to respond to any comments received via these forums, email, fax, or mail. Once a draft proposal is developed for the national system of MPAs, NOAA will publish it in the Federal Register for formal public comment and will subsequently provide a formal response to comments received. Matters to be Considered: Executive Order 13158 (May 26, 2000) calls for the development of a national system of MPAs. These forums are intended to solicit the public’s views concerning the development of a national system of MPAs. Refer to the Web page listed above for background information concerning the development of the national system of MPAs. SUPPLEMENTARY INFORMATION: Dated: February 7, 2005. Eldon Hout, Director, Office of Ocean and Coastal Resource Management. [FR Doc. 05–2948 Filed 2–15–05; 8:45 am] BILLING CODE 3510–08–P ELECTION ASSISTANCE COMMISSION Sunshine Act Meeting United States Election Assistance Commission. AGENCY: Notice of public meeting (amended). ACTION: Wednesday, February 23, 2005, 10 a.m.–11:30 a.m. DATE AND TIME: Michael E. Moritz College of Law, The Ohio State University, 55 W. 12th Ave., Saxbe Auditorium, Columbus, OH 43210–1391. PLACE: The Commission will receive reports on the following: Updates on Title II Requirements Payments and other administrative or programmatic matters. The Commission will receive presentations on the following: Transition of the Voting System Qualification Process to EAC and the Transition of The Lab Accreditation Process to NIST and EAC. AGENDA: E:\FR\FM\16FEN1.SGM 16FEN1

Agencies

[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Notices]
[Pages 7925-7926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-652]



[[Page 7926]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Alloy Steel Wire Rod from Mexico: Extension of Time 
Limits for the Final Results of Antidumping Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: February 16, 2005.

FOR FURTHER INFORMATION CONTACT: Mark Young at (202) 482-6397, AD/CVD 
Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave, NW, Washington, DC 20230.

Statutory Time Limits

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to issue (1) the preliminary results of a 
review within 245 days after the last day of the month in which occurs 
the anniversary of the date of publication of an order or finding for 
which a review is requested, and (2) the final results within 120 days 
after the date on which the preliminary results are published. However, 
if it is not practicable to complete the review within that time 
period, section 751(a)(3)(A) of the Act allows the Department to extend 
the time limit for the preliminary results to a maximum of 365 days and 
the final results to a maximum of 180 days (or 300 days if the 
Department does not extend the time limit for the preliminary results) 
from the date of the publication of the preliminary results. See also 
19 CFR 351.213(h)(2).

Extension of Final Results of Reviews

    We determine that it is not practicable to complete the final 
results of this review within the original time limits. Due to the 
complexity of issues present in this administrative review, such as 
complicated cost accounting issues, the Department needs more time to 
address these items and evaluate the issues more thoroughly. Therefore, 
we are extending the deadline for the final results of the above-
referenced review 60 days\1\. As a result, the final results will be 
issued no later than May 9, 2005.
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    \1\ The 60-day extension of the final results falls on Saturday 
May 7, 2005; therefore, the final results will be issued no later 
than the first business day thereafter, Monday May 9, 2005.
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    This extension is in accordance with section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h)(2).

    Dated: February 10, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-652 Filed 2-15-05; 8:45 am]
BILLING CODE 3510-DS-S

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