Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Notice of Court Decision Not In Harmony, 59720-59721 [E5-5607]
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Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices
administrative review. On March 23,
2005, the Department initiated this
administrative review. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, 70 FR 14643
(March 23, 2005).
Partial Rescission
On April 18, 2005, respondents Viraj
and Hilton Forge withdrew their
requests for review. See Letter from
Respondents to the Department dated
April 18, 2005, which is on file in the
Central Records Unit (CRU), room B–
099, of the main Commerce Department
building. The applicable regulation, 19
CFR 351.213(d)(1), states that if a party
who requested an administrative review
withdraws the request within 90 days of
the publication of the notice of
initiation of the requested review, the
Secretary will rescind the review. Viraj
and Hilton Forge withdrew their
requests within the 90-day deadline, in
accordance with 19 CFR 351.213(d)(1).
No other party requested an
administrative review of Viraj and
Hilton Forge. Therefore, for Viraj and
Hilton Forge, we are rescinding this
review of the antidumping duty order
on certain forged stainless steel flanges
from India covering the period March 1,
2004, through February 28, 2005.
Extension of Time Limit for Preliminary
Results
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the
Tariff Act), the deadlines for
preliminary and final results of this
administrative review are October 31,
2005, and February 28, 2006,
respectively. The Department, however,
may extend the deadline for completion
of the preliminary results of a review if
it determines it is not practicable to
complete the preliminary results within
the statutory time limit. See section
751(a)(3)(A) of the Tariff Act and 19
CFR 351.213(h)(2). In this case, the
Department has determined it is not
practicable to complete this review
within the statutory time limit because
of significant issues that require
additional time to evaluate. These
include potential affiliation issues and
questions concerning the questionnaire
responses that may require additional
supplemental questionnaires. Therefore,
the Department is extending the time
limit for completion of the preliminary
results for Echjay and Paramount until
February 28, 2006, in accordance with
section 751(a)(3)(A) of the Tariff Act.
The deadline for the final results of this
review will be 120 days after
publication of the preliminary results in
the Federal Register. See section
VerDate Aug<31>2005
16:14 Oct 12, 2005
Jkt 208001
751(a)(3)(A) of the Tariff Act; 19 CFR
351.213(h)(2).
This notice is issued and published in
accordance with sections 751(a)(3)(A),
751(a)(1) and 777(i)(l) of the Tariff Act
and 19 CFR 351.213(d)(4).
Dated: September 29, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–5604 Filed 10–12–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–803]
Heavy Forged Hand Tools, Finished or
Unfinished, With or Without Handles,
From the People’s Republic of China:
Notice of Court Decision Not In
Harmony
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 22, 2005, in
Tianjin Machinery Import & Export
Corp., v. United States and Ames True
Temper, Slip Op. 05–127, the Court of
International Trade (CIT) affirmed the
Results of Redetermination Pursuant to
Court Remand released by the
Department of Commerce (the
Department) on July 20, 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 (CBP) to liquidate
all relevant entries from Tianjin
Machinery Import & Export Corporation
(TMC), as appropriate.
EFFECTIVE DATE: October 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations,
Office 4, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue, NW, Washington,
DC 20230, telephone 202–482–3936, fax
202–482–5105.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 22, 2003, the
Department issued its final scope ruling
in which we determined that the cast
picks imported by TMC are included
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Fmt 4703
Sfmt 4703
within the scope of the antidumping
duty order on picks/mattocks. See
Memorandum to the File from Thomas
Futtner, Acting Office Director, to Holly
A. Kuga, Acting Deputy Assistant
Secretary for Group II, ‘‘Final Scope
Ruling - Request by Tianjin Machinery
Import & Export Corporation for a
Ruling on Cast Picks,’’ dated September
22, 2003 (TMC Scope Ruling). TMC
filed a summons and complaint with the
CIT on October 8 and 17, 2003,
respectively, challenging the TMC
Scope Ruling. In response to TMC’s
motion for judgment on the
administrative record, the Department
moved for and obtained from the CIT an
order for a voluntary remand to
reconsider the determination made in
the TMC Scope Ruling in view of the
decision of the CAFC in Duferco Steel,
Inc. v. United States, 296 F.3d 1087 (Fed
Cir. 2002). On April 7, 2004, the CIT
granted the Department’s unopposed
motion for a voluntary remand. The
Department filed its redetermination
pursuant to the CIT’s remand on July 20,
2004, in which the Department
reconsidered the determination set forth
in the TMC Scope Ruling and
concluded that the cast picks at issue do
not fall within the scope of the picks/
mattocks order. See Results of
Redetermination Pursuant to Court
Remand for Tianjin Machinery Import &
Export Corporation v. United States and
Ames True Temper at 1 (July 20, 2004).
On September 22, 2005, the CIT
affirmed the Department’s
redetermination.
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
determination. 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 of unliquidated
entries pending the expiration of the
period to appeal the CIT’s September
22, 2005, decision affirming the
Department’s remand results or pending
a final decision of the CAFC if that
decision is appealed. The Department
will instruct CBP to liquidate relevant
unliquidated entries of the subject
merchandise without regard to
antidumping duties in the event that the
CIT’s ruling is not appealed, or if
appealed and upheld by the CAFC.
We are issuing and publishing this
notice in accordance with section
E:\FR\FM\13OCN1.SGM
13OCN1
Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices
AGENCY:
(Preliminary Results). This rate reflects
the ‘‘all others’’ rate from the
investigation as modified in the Notice
of Determination Under Section 129 of
the Uruguay Round Agreements Act:
Antidumping Measures on Certain
Softwood Lumber Products From
Canada, 70 FR 22636 (May 2, 2005).
In the Preliminary Results, we stated
that interested parties could request a
hearing or submit case briefs and/or
written comments to the Department no
later than 30 days after publication of
the Preliminary Results notice in the
Federal Register, and submit rebuttal
briefs, limited to the issues raised in
those case briefs, seven days subsequent
to the due date of the case briefs. We did
not receive any hearing requests, case or
rebuttal briefs, or comments on the
Preliminary Results.
Background
ˆ
On June 29, 2005, Uniforet requested
that the Department initiate and
conduct an expedited changed
circumstances review, in accordance
with section 751(b) of the Act and
sections 351.216(b) and 351.221(c)(3) of
the Department’s regulations, to confirm
that Arbec is the successor–in-interest to
ˆ
Uniforet. On August 26, 2005, the
Department initiated this review and
simultaneously issued its preliminary
results that Arbec is the successor–inˆ
interest to Uniforet and should receive
ˆ
Uniforet’s cash deposit rate of 11.54
percent. See Notice of Initiation and
Preliminary Results of Antidumping
Duty Changed Circumstances Review:
Certain Softwood Lumber Products from
Canada, 70 FR 50299 (August 26, 2005)
Scope of the Order
The products covered by this order
are softwood lumber, flooring and
siding (softwood lumber products).
Softwood lumber products include all
products classified under headings
4407.1000, 4409.1010, 4409.1090, and
4409.1020, respectively, of the
Harmonized Tariff Schedule of the
United States (HTSUS), and any
softwood lumber, flooring and siding
described below. These softwood
lumber products include:
(1) coniferous wood, sawn or chipped
lengthwise, sliced or peeled,
whether or not planed, sanded or
finger–jointed, of a thickness
exceeding six millimeters;
(2) coniferous wood siding (including
strips and friezes for parquet
flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces, whether or not planed,
sanded or finger–jointed;
(3) other coniferous wood (including
strips and friezes for parquet
flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces (other than wood moldings
and wood dowel rods) whether or
not planed, sanded or finger–
jointed; and
(4) coniferous wood flooring
(including strips and friezes for
parquet flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces, whether or not planed,
sanded or finger–jointed.
516A(c)(1) of the Tariff Act of 1930, as
amended.
Dated: October 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–5607 Filed 10–12–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–838]
Notice of Final Results of Antidumping
Duty Changed Circumstances Review:
Certain Softwood Lumber Products
from Canada
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has determined,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act), that
Produits Forestiers Arbec Inc. (Arbec) is
ˆ
the successor–in-interest to Uniforet Inc.
ˆ
(Uniforet) and, as a result, should be
accorded the same treatment previously
ˆ
accorded to Uniforet in regard to the
antidumping order on certain softwood
lumber products from Canada as of the
date of publication of this notice in the
Federal Register.
EFFECTIVE DATE: October 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Saliha Loucif or Constance Handley, at
(202) 482–1779 or (202) 482–0631,
respectively; AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
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16:14 Oct 12, 2005
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59721
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise under review is
dispositive.
Softwood lumber products excluded
from the scope:
• trusses and truss kits, properly
classified under HTSUS 4418.90
• I–joist beams
• assembled box spring frames
• pallets and pallet kits, properly
classified under HTSUS 4415.20
• garage doors
• edge–glued wood, properly
classified under HTSUS
4421.90.97.40 (formerly HTSUS
4421.90.98.40)
• properly classified complete door
frames
• properly classified complete
window frames
• properly classified furniture
Softwood lumber products excluded
from the scope only if they meet certain
requirements:
• Stringers (pallet components used
for runners): if they have at least
two notches on the side, positioned
at equal distance from the center, to
properly accommodate forklift
blades, properly classified under
HTSUS 4421.90.97.40 (formerly
HTSUS 4421.90.98.40)
• Box–spring frame kits: if they
contain the following wooden
pieces - two side rails, two end (or
top) rails and varying numbers of
slats. The side rails and the end
rails should be radius–cut at both
ends. The kits should be
individually packaged, they should
contain the exact number of
wooden components needed to
make a particular box–spring frame,
with no further processing required.
None of the components exceeds 1’’
in actual thickness or 83’’ in length.
• Radius–cut box–spring-frame
components, not exceeding 1’’ in
actual thickness or 83’’ in length,
ready for assembly without further
processing. The radius cuts must be
present on both ends of the boards
and must be substantial cuts so as
to completely round one corner.
• Fence pickets requiring no further
processing and properly classified
under HTSUS 4421.90.70, 1’’ or less
in actual thickness, up to 8’’ wide,
6’ or less in length, and have finials
or decorative cuttings that clearly
identify them as fence pickets. In
the case of dog–eared fence pickets,
the corners of the boards should be
cut off so as to remove pieces of
wood in the shape of isosceles right
angle triangles with sides
measuring 3/4 inch or more.
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Pages 59720-59721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5607]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-803]
Heavy Forged Hand Tools, Finished or Unfinished, With or Without
Handles, From the People's Republic of China: Notice of Court Decision
Not In Harmony
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 22, 2005, in Tianjin Machinery Import & Export
Corp., v. United States and Ames True Temper, Slip Op. 05-127, the
Court of International Trade (CIT) affirmed the Results of
Redetermination Pursuant to Court Remand released by the Department of
Commerce (the Department) on July 20, 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 (CBP) to liquidate all relevant entries from
Tianjin Machinery Import & Export Corporation (TMC), as appropriate.
EFFECTIVE DATE: October 13, 2005.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington,
DC 20230, telephone 202-482-3936, fax 202-482-5105.
SUPPLEMENTARY INFORMATION:
Background
On September 22, 2003, the Department issued its final scope ruling
in which we determined that the cast picks imported by TMC are included
within the scope of the antidumping duty order on picks/mattocks. See
Memorandum to the File from Thomas Futtner, Acting Office Director, to
Holly A. Kuga, Acting Deputy Assistant Secretary for Group II, ``Final
Scope Ruling - Request by Tianjin Machinery Import & Export Corporation
for a Ruling on Cast Picks,'' dated September 22, 2003 (TMC Scope
Ruling). TMC filed a summons and complaint with the CIT on October 8
and 17, 2003, respectively, challenging the TMC Scope Ruling. In
response to TMC's motion for judgment on the administrative record, the
Department moved for and obtained from the CIT an order for a voluntary
remand to reconsider the determination made in the TMC Scope Ruling in
view of the decision of the CAFC in Duferco Steel, Inc. v. United
States, 296 F.3d 1087 (Fed Cir. 2002). On April 7, 2004, the CIT
granted the Department's unopposed motion for a voluntary remand. The
Department filed its redetermination pursuant to the CIT's remand on
July 20, 2004, in which the Department reconsidered the determination
set forth in the TMC Scope Ruling and concluded that the cast picks at
issue do not fall within the scope of the picks/mattocks order. See
Results of Redetermination Pursuant to Court Remand for Tianjin
Machinery Import & Export Corporation v. United States and Ames True
Temper at 1 (July 20, 2004). On September 22, 2005, the CIT affirmed
the Department's redetermination.
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 determination. 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 of unliquidated entries pending
the expiration of the period to appeal the CIT's September 22, 2005,
decision affirming the Department's remand results or pending a final
decision of the CAFC if that decision is appealed. The Department will
instruct CBP to liquidate relevant unliquidated entries of the subject
merchandise without regard to antidumping duties in the event that the
CIT's ruling is not appealed, or if appealed and upheld by the CAFC.
We are issuing and publishing this notice in accordance with
section
[[Page 59721]]
516A(c)(1) of the Tariff Act of 1930, as amended.
Dated: October 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5607 Filed 10-12-05; 8:45 am]
BILLING CODE 3510-DS-S
