Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 24533 [E5-2234]
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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices
publication of this notice. Any hearing,
if requested, will be held two days after
the scheduled date for submission of
rebuttal briefs. The Department will
publish a notice of the final results of
these administrative reviews within 120
days from the publication of these
preliminary results.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 3, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–2296 Filed 5–9–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Clarification: Application of
‘‘Next Business Day’’ Rule for
Administrative Determination
Deadlines Pursuant to the Tariff Act of
1930, As Amended
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT:
Katja Kravetsky at (202) 482–0108,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street & Constitution
Ave, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
which recognizes the administrative
reality that there are no employees
present to make administrative
determinations that fall due when the
Department is closed. While this
practice has never been challenged, the
Department has concluded that it is
appropriate to publicize this practice to
interested parties.
scope rulings and anticircumvention
determinations completed by Import
Administration between April 1, 2003,
and December 31, 2004, inclusive. It
also lists any scope or
anticircumvention inquiries pending as
of December 31, 2004. As described
below, subsequent lists will follow after
the close of each calendar quarter.
Clarification of Statutory Deadlines
The Department hereby clarifies that
where a statutory deadline falls on a
weekend, federal holiday, or any other
day when the Department is closed, the
Department will continue its
longstanding practice of reaching our
determination on the next business day.
We find that this clarification is
consistent with federal practice. See
Fed. R. Civ. P. 6(a); Fed R. App. P. 26(a);
see, also, Dofasco Inc., 390 F.3d at 1372.
Scope Rulings Completed Between
April 1, 2003, and December 31, 2004
Dated: April 29, 2005.
Joseph A. Spetrini,
Acting Assistant Sectretary for Import
Administration.
[FR Doc. E5–2234 Filed 5–9–05; 8:45 am]
BILLING CODE 3510–DS–S
AGENCY:
Background
The Tariff Act of 1930, as amended
(the Act), requires that the Department
of Commerce (the Department) make
preliminary and final determinations
during an administrative proceeding
within specified time limits. See, e.g.,
section 751(a) of the Act, 19 U.S.C.
§ 1675(a). The Act does not address the
treatment of deadlines falling on a
weekend, federal holiday, or day on
which the Department is otherwise
closed, e.g., due to a weather
emergency.
With respect to certain deadlines
involving filings made with the
Department, the agency’s regulations
clarify that where ‘‘the applicable time
limit expires on a non–business day, the
Secretary will accept documents that are
filed on the next business day.’’ See 19
CFR 351.303(b); see, also, Dofasco, Inc.
v. United States, 390 F.3d 1370, 1372
(Fed. Cir. 2004). With respect to
deadlines for reaching administrative
determinations, the Department’s
longstanding practice has been to apply
a similar ‘‘next business day’’ rule,
VerDate jul<14>2003
16:17 May 09, 2005
Jkt 205001
24533
India
A–533–824, C–533–825: Polyethylene
Terephthalate Film Sheet and Strip
from India
Requestor: International Packaging
Films, Inc.; tracing and drafting film is
outside the scope of the order; August
25, 2003.
A–533–502: Certain Welded Carbon
Steel Standard Pipes and Tubes from
India
Requestor: Aruvil International, Inc.;
welded carbon steel pipes that are
galvanized and have a polyester powder
coating are within the scope of the
antidumping duty order; March 4, 2004.
DEPARTMENT OF COMMERCE
Mexico
International Trade Administration
A–201–805: Circular Welded Non–Alloy
Steel Pipe from Mexico
Notice of Scope Rulings
Requestor: Galvak S.A. de CV;
mechanical tubing is outside of the
order, some Galvak tubing marked as
ASTM A–787 is not mechanical tubing;
scope ruling November 19, 1998; redetermination affirmed by NAFTA
panel June 7, 2004.
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 10, 2005.
SUMMARY: The Department of Commerce
(the Department) hereby publishes a list
of scope rulings completed between
April 1, 2003, and December 31, 2004.
In conjunction with this list, the
Department is also publishing a list of
requests for scope rulings and
anticircumvention determinations
pending as of December 31, 2004. We
intend to publish future lists after the
close of the next calendar quarter.
FOR FURTHER INFORMATION CONTACT:
Bridgette Roy or Irina Itkin, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–0160 or (202) 482–
0656.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department’s regulations provide
that the Secretary will publish in the
Federal Register a list of scope rulings.
See 19 CFR 351.225(o). Our most recent
‘‘Notice of Scope Rulings’’ was
published on June 19, 2003. See 68 FR
36770. The instant notice covers all
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
A–201–831: Prestressed Concrete Steel
Wire Strand from Mexico
Requestors: American Spring Wire
Corp., Insteel Wire Products Company,
Sumiden Wire Products Corp., and
Cablesa , S.A. de C.V.; 0.05 oz./sq. ft.
zinc coated PC strand is within the
scope of the order; June 16, 2004.
People’s Republic of China
A–570–504: Petroleum Wax Candles
from the People’s Republic of China
Requestor: Garden Ridge; nine candles
six with a cheetah print (Styles 194735–
A, 194736–A, 194768–A, 194735–C) and
three with a zebra print (194735–D,
194736–D, 194768–D) are within the
scope of the order; April 22, 2003.
A–570–504: Petroleum Wax Candles
from the People’s Republic of China
Requestor: Fleming International, Ltd.;
three of Fleming’s candles (B3922,
B3966, and B3988) are not included in
the scope of the order based on their
vegetable wax content. However, one of
E:\FR\FM\10MYN1.SGM
10MYN1
]]>Agencies
[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Page 24533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2234]
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DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Clarification: Application of ``Next Business Day''
Rule for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, As Amended
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT: Katja Kravetsky at (202) 482-0108,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Ave, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Tariff Act of 1930, as amended (the Act), requires that the
Department of Commerce (the Department) make preliminary and final
determinations during an administrative proceeding within specified
time limits. See, e.g., section 751(a) of the Act, 19 U.S.C. Sec.
1675(a). The Act does not address the treatment of deadlines falling on
a weekend, federal holiday, or day on which the Department is otherwise
closed, e.g., due to a weather emergency.
With respect to certain deadlines involving filings made with the
Department, the agency's regulations clarify that where ``the
applicable time limit expires on a non-business day, the Secretary will
accept documents that are filed on the next business day.'' See 19 CFR
351.303(b); see, also, Dofasco, Inc. v. United States, 390 F.3d 1370,
1372 (Fed. Cir. 2004). With respect to deadlines for reaching
administrative determinations, the Department's longstanding practice
has been to apply a similar ``next business day'' rule, which
recognizes the administrative reality that there are no employees
present to make administrative determinations that fall due when the
Department is closed. While this practice has never been challenged,
the Department has concluded that it is appropriate to publicize this
practice to interested parties.
Clarification of Statutory Deadlines
The Department hereby clarifies that where a statutory deadline
falls on a weekend, federal holiday, or any other day when the
Department is closed, the Department will continue its longstanding
practice of reaching our determination on the next business day. We
find that this clarification is consistent with federal practice. See
Fed. R. Civ. P. 6(a); Fed R. App. P. 26(a); see, also, Dofasco Inc.,
390 F.3d at 1372.
Dated: April 29, 2005.
Joseph A. Spetrini,
Acting Assistant Sectretary for Import Administration.
[FR Doc. E5-2234 Filed 5-9-05; 8:45 am]
BILLING CODE 3510-DS-S
