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]

Download as PDF 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