Notice of Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review: Certain Cut-to-Length Carbon Quality Steel Plate from Korea, 59722-59723 [E5-5606]

Download as PDF 59722 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices • U.S. origin lumber shipped to Canada for minor processing and imported into the United States, is excluded from the scope of this order if the following conditions are met: 1) the processing occurring in Canada is limited to kiln–drying, planing to create smooth–to-size board, and sanding; and 2) if the importer establishes to U.S. Customs and Border Protections’s (CBP) satisfaction that the lumber is of U.S. origin. • Softwood lumber products contained in single family home packages or kits,1 regardless of tariff classification, are excluded from the scope of this order if the following criteria are met: (A) The imported home package or kit constitutes a full package of the number of wooden pieces specified in the plan, design or blueprint necessary to produce a home of at least 700 square feet produced to a specified plan, design or blueprint; (B) The package or kit must contain all necessary internal and external doors and windows, nails, screws, glue, subfloor, sheathing, beams, posts, connectors and if included in purchase contract decking, trim, drywall and roof shingles specified in the plan, design or blueprint; (C) Prior to importation, the package or kit must be sold to a retailer of complete home packages or kits pursuant to a valid purchase contract referencing the particular home design plan or blueprint, and signed by a customer not affiliated with the importer; (D) The whole package must be imported under a single consolidated entry when permitted by CBP, whether or not on a single or multiple trucks, rail cars or other vehicles, which shall be on the same day except when the home is over 2,000 square feet; (E) The following documentation must be included with the entry documents: • a copy of the appropriate home design, plan, or blueprint matching the entry; • a purchase contract from a retailer of home kits or packages signed by a customer not affiliated with the importer; • a listing of inventory of all parts of the package or kit being entered that 1 To ensure administrability, we clarified the language of this exclusion to require an importer certification and to permit single or multiple entries on multiple days. We also instructed importers to retain and make available for inspection specific documentation in support of each entry. VerDate Aug<31>2005 16:14 Oct 12, 2005 Jkt 208001 conforms to the home design package being entered; • in the case of multiple shipments on the same contract, all items listed immediately above which are included in the present shipment shall be identified as well. We have determined that the excluded products listed above are outside the scope of this order, provided the specified conditions are met. Lumber products that CBP may classify as stringers, radius cut box–spring-frame components, and fence pickets, not conforming to the above requirements, as well as truss components, pallet components, and door and window frame parts, are covered under the scope of this order and may be classified under HTSUS subheadings 4418.90.40.90, 4421.90.70.40, and 4421.90.98.40. Due to changes in the 2002 HTSUS whereby subheading 4418.90.40.90 and 4421.90.98.40 were changed to 4418.90.45.90 and 4421.90.97.40, respectively, we are adding these subheadings as well. In addition, this scope language has been further clarified to now specify that all softwood lumber products entered from Canada claiming non– subject status based on U.S. country of origin will be treated as non–subject U.S.-origin merchandise under the antidumping and countervailing duty orders, provided that these softwood lumber products meet the following condition: upon entry, the importer, exporter, Canadian processor and/or original U.S. producer establish to CBP’s satisfaction that the softwood lumber entered and documented as U.S.-origin softwood lumber was first produced in the United States as a lumber product satisfying the physical parameters of the softwood lumber scope.2 The presumption of non–subject status can, however, be rebutted by evidence demonstrating that the merchandise was substantially transformed in Canada. Final Results of Changed Circumstances Review Based on the information provided by Arbec, and the fact that the Department did not receive any comments during the comment period following the preliminary results of this review, the Department hereby determines that Arbec is the successor–in-interest to ˆ Uniforet for antidumping duty cash deposit purposes. 2 See the scope clarification message (3034202), dated February 3, 2003, to CBP, regarding treatment of U.S.-origin lumber on file in the Central Records Unit, Room B-099 of the main Commerce Building. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Instructions to U.S. Customs and Border Protection ˆ Because both Arbec and Uniforet are currently subject to the ‘‘all others’’ rate, there is no need to send instructions to ˆ CBP at this time. However, Uniforet is currently participating in the second administrative review and will receive the ‘‘review–specific rate’’ once this review is completed. Thus, once the final results for the second administrative review are issued, the Department will instruct CBP to suspend liquidation of all shipments of the subject merchandise produced and exported by Arbec at the rate ˆ determined for Uniforet. 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 351.306. Timely written notification of the return/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 sanctionable violation. This notice is in accordance with sections 751(b) and 777(i)(1) of the Act, and section 351.216(e) of the Department’s regulations. Dated: October 6, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–5601 Filed 10–12–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–580–837] Notice of Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review: Certain Cut–to-Length Carbon Quality Steel Plate from Korea Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: Tipten Troidl, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1767. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices Background Information DEPARTMENT OF COMMERCE On March 23, 2005, the U.S. Department of Commerce (‘‘the Department’’) published a notice of initiation of the administrative review on the countervailing duty order of certain cut–to-length carbon quality steel plate (‘‘CTL Plate’’) from the Republic of Korea, covering the period January 1, 2004, through December 31, 2004. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 14643 (March 23, 2005). The preliminary results of this review are currently due no later than October 31, 2005. International Trade Administration Extension of Time Limit of Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order or finding for which a review is requested. Section 751(a)(3)(A) of the Act further states that if it is not practicable to complete the review within the time period specified, the administering authority may extend the 245-day period to issue its preliminary results by up to 120 days. We determine that completion of the preliminary results of this review within the 245-day period is not practicable for the following reason. The Department is considering a verification of this proceeding and due to scheduling conflicts would not be able to do so by the current preliminary due date. Given the number and complexity of issues in this case, and in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the preliminary results of review by 120 days. Therefore, the preliminary results are now due no later than February 28, 2005. The final results continue to be due 120 days after publication of the preliminary results. Dated: October 4, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–5606 Filed 10–12–05; 8:45 am] BILLING CODE 3510–DS–S [C–475–819] Certain Pasta from Italy: Notice of Partial Rescission of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request made on July 28, 2005, by Pastificio Laporta S.a.s., the Department of Commerce initiated an administrative review of the countervailing duty order on certain pasta from Italy, covering the period January 1, 2004, through December 31, 2004. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 70 FR 51009 (August 29, 2005). As a result of a timely withdrawal of the request for review by Pastificio Laporta S.a.s., we are rescinding this review, in part. EFFECTIVE DATE: October 13, 2005. FOR FURTHER INFORMATION CONTACT: Audrey Twyman or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–3534 and (202) 482–0182, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 24, 1996, the Department of Commerce (‘‘the Department’’) published a countervailing duty order on certain pasta from Italy. See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta (‘‘Pasta’’) From Italy, 61 FR 38543 (July 24, 1996). On July 28, 2005, Pastificio Laporta S.a.s. requested an administrative review of the countervailing duty order on certain pasta from Italy covering the period January 1, 2004, through December 31, 2004. In accordance with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of the review on August 29, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 70 FR 51009 (August 29, 2005). On September 15, 2005, Pastificio Laporta S.a.s. withdrew its request for review. No other party requested a review for Pastificio Laporta S.a.s. Scope of the Countervailing Duty Order Imports covered by this order are shipments of certain non–egg dry pasta VerDate Aug<31>2005 16:14 Oct 12, 2005 Jkt 208001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 59723 in packages of five pounds (2.27 kilograms) or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastases, vitamins, coloring and flavorings, and up to two percent egg white. The pasta covered by this scope is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions. Excluded from the scope of this order are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non–egg dry pasta containing up to two percent egg white. Also excluded are imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by the Instituto Mediterraneo Di Certificazione, Bioagricoop S.r.l., QC&I International Services, Ecocert Italia, Consorzio per il Controllo dei Prodotti Biologici, Associazione Italiana per l’Agricoltura Biologica, or Codex S.r.L. In addition, based on publically available information, the Department has determined that, as of August 4, 2004, imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by Bioagricert S.r.l. are also excluded from this order. See Memorandum from Eric B. Greynolds to Melissa G. Skinner, dated August 4, 2004, which is on file in the Department’s Central Records Unit (‘‘CRU’’) in Room B–099 of the main Department building. The merchandise subject to review is currently classifiable under item 1902.19.20 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive. The Department has issued the following scope rulings: 1. On August 25, 1997, the Department issued a scope ruling that multicolored pasta, imported in kitchen display bottles of decorative glass that are sealed with cork or paraffin and bound with raffia, is excluded from the scope of the antidumping and countervailing duty orders. See Memorandum from Edward Easton to Richard Moreland, dated August 25, 1997, which is on file in the CRU. 2. On July 30, 1998, the Department issued a scope ruling, finding that multipacks consisting of six one–pound packages of pasta that are shrink– wrapped into a single package are within the scope of the antidumping and countervailing duty orders. See E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Pages 59722-59723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5606]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


Notice of Extension of Time Limit for Preliminary Results of 
Countervailing Duty Administrative Review: Certain Cut-to-Length Carbon 
Quality Steel Plate from Korea

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

EFFECTIVE DATE: October 13, 2005.

FOR FURTHER INFORMATION CONTACT: Tipten Troidl, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1767.

SUPPLEMENTARY INFORMATION:

[[Page 59723]]

Background Information

    On March 23, 2005, the U.S. Department of Commerce (``the 
Department'') published a notice of initiation of the administrative 
review on the countervailing duty order of certain cut-to-length carbon 
quality steel plate (``CTL Plate'') from the Republic of Korea, 
covering the period January 1, 2004, through December 31, 2004. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 70 FR 14643 (March 23, 
2005). The preliminary results of this review are currently due no 
later than October 31, 2005.

Extension of Time Limit of Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), requires the Department to make a preliminary determination 
within 245 days after the last day of the anniversary month of an order 
or finding for which a review is requested. Section 751(a)(3)(A) of the 
Act further states that if it is not practicable to complete the review 
within the time period specified, the administering authority may 
extend the 245-day period to issue its preliminary results by up to 120 
days.
    We determine that completion of the preliminary results of this 
review within the 245-day period is not practicable for the following 
reason. The Department is considering a verification of this proceeding 
and due to scheduling conflicts would not be able to do so by the 
current preliminary due date. Given the number and complexity of issues 
in this case, and in accordance with section 751(a)(3)(A) of the Act, 
we are extending the time period for issuing the preliminary results of 
review by 120 days. Therefore, the preliminary results are now due no 
later than February 28, 2005. The final results continue to be due 120 
days after publication of the preliminary results.

    Dated: October 4, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-5606 Filed 10-12-05; 8:45 am]
BILLING CODE 3510-DS-S
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