Silicon Metal from Brazil: Notice of Court Decision Not in Harmony, 66349-66350 [05-21864]

Download as PDF Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices Communications and Information, National Telecommunications and Information Administration (new); 4. Lisa Casias, Acting Deputy Chief Financial Officer and Acting Director for Financial Management, Office of the Secretary; 5. William J. Fleming, Deputy Director, Office of Human Resources Management, Office of the Secretary (new); 6. Deanna L. Shepherd, Executive Secretary to the EDA Performance Review Board, EDA’s Office of Human Resources. Dated: October 27, 2005. Deanna L. Shepherd, Human Resources Officer. [FR Doc. 05–21854 Filed 11–1–05; 8:45 am] BILLING CODE 3510–24–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–855] Notice of Continuation of Antidumping Duty Order on Certain Non–Frozen Apple Juice Concentrate from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 2, 2005. FOR FURTHER INFORMATION CONTACT: Maureen Flannery at (202) 482–3020 or Frances Veith at (202) 482–4295, AD/ CVD Operations, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230. SUMMARY: The U.S. Department of Commerce (Department), pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), has determined that revocation of the antidumping duty order on certain non–frozen apple juice concentrate (NFAJC) from the People’s Republic of China (PRC) would likely lead to continuation or recurrence of dumping. On October 21, 2005, the International Trade Commission (ITC), pursuant to section 751(c) of the Act, determined that revocation of the antidumping duty order on certain NFAJC from the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Therefore, pursuant to 19 CFR 351.218(f)(4), the Department is publishing notice of the continuation of the antidumping duty order on certain NFAJC from the PRC. SUPPLEMENTARY INFORMATION: AGENCY: VerDate Aug<31>2005 17:22 Nov 01, 2005 Jkt 208001 Background On May 2, 2005, the Department initiated, and the ITC instituted, a sunset review of the antidumping duty order on certain NFAJC from the PRC, pursuant to section 751(c) of the Act. See Initiation of Five-year (Sunset) Reviews, 70 FR 22632 (May 2, 2005) and Non–Frozen Concentrate Apple Juice from China, 70 FR 22694 (May 2, 2005). As a result of its review, the Department found that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail were the order revoked. See Non–Frozen Apple Juice Concentrate from the People’s Republic of China (PRC); Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 70 FR 53339 (September 8, 2005). On October 21, 2005, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on certain NFAJC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Non–Frozen Concentrated Apple Juice from China, 70 FR 61309 (October 21, 2005). Scope of the Order Determination As a result of the determinations by the Department and the ITC that revocation of this antidumping duty order would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the Frm 00003 Fmt 4703 United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on certain NFAJC from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of this order is the date of publication of the Federal Register of this Notice of Continuation in accordance with 19 CFR 351.218(f)(4). Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate the next five-year review of this order not later than October 2010. We are issuing and publishing the results and notice in accordance with sections 751(c) and 752, and 777(i)(1) of the Act. Dated: October 27, 2005. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. 05–21865 Filed 11–1–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–351–806] The product covered by this antidumping order is certain NFAJC. Certain NFAJC is defined as all non– frozen concentrated apple juice with a Brix scale of 40 or greater, whether or not containing added sugar or other sweetening matter, and whether or not fortified with vitamins or minerals. Excluded from the scope of this order are: frozen concentrated apple juice; non–frozen concentrated apple juice that has been fermented; and non– frozen concentrated apple juice to which spirits have been added. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 2106.90.52.00, and 2009.70.00.20 before January 1, 2002, and 2009.79.00.20 on or after January 1, 2002. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. PO 00000 66349 Sfmt 4703 Silicon Metal from Brazil: Notice of Court Decision Not in Harmony Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 6, 2005, in Elkem Metals Company and Globe Metallurgical Inc., v. United States, Slip Op. 05–134, the Court of International Trade (CIT) affirmed the Final Results of Redetermination Pursuant to Court Remand (Remand Redetermination) issued by the Department of Commerce (the Department) on July 14, 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 Compania Brasilieira Carbureto De Calcio (CBCC) and Electrosilex, S.A. (Electrosilex), as appropriate. AGENCY: EFFECTIVE DATE: E:\FR\FM\02NON1.SGM 02NON1 November 2, 2005. 66350 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices Zev Primor, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–4114, fax: (202) 482–5105. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On February 23, 2001, the Department published the final results of administrative review of the antidumping duty order on silicon metal from Brazil for the period July 1, 1998, through June 30, 1999. See Silicon Metal from Brazil; Final Results of Antidumping Duty Administrative Review and Determination Not to Revoke in Part; 66 FR 11256 (February 23, 2001) (Final Results). CBCC and Electrosilex filed a lawsuit challenging certain aspects of the Final Results. Specifically, CBCC argued that the Department used an incorrect interest rate to calculate its home market imputed credit expense, while Electrosilex asserted that the Department’s decision to apply total adverse facts available (AFA) was not in accordance with law and unsupported by record evidence. On April 15, 2004, the CIT remanded this case back to the Department and instructed it ’’...to impute anew (1) CBCC’s home–market credit costs and (2) Electrosilex’s margin of dumping for the period of review implicated that is in accordance with law and supported by substantial evidence on the record.’’ See Elkem Metals Company and Globe Metallurgical Inc., v. United States, Slip Op. 04–36. The Department issued its final results of remand redetermination on July 14, 2004. See Remand Redetermination. On October 6, 2005, the CIT affirmed the Department’s final results of remand redetermination in their entirety. 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 October 6, 2005, decision affirming the Department’s remand results or pending a final decision of the CAFC if that VerDate Aug<31>2005 17:22 Nov 01, 2005 Jkt 208001 decision is appealed. Upon expiration of the period to appeal, or if the CIT’s decision is appealed and the CAFC’s decision is not in harmony with the Department’s determination in the Final Results, the Department will publish in the Federal Register a notice of amended final results for the 1998–1999 administrative review of silicon metal from Brazil. We are issuing and publishing this notice in accordance with section 516A(c)(1) of the Tariff Act of 1930, as amended. Dated: October 26, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. 05–21864 Filed 11–1–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 102005B] Fisheries of the Exclusive Economic Zone Off Alaska; Notice of Crab Rationalization Program Public Workshop National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public workshop. AGENCY: SUMMARY: NMFS will present a public workshop on the new Crab Rationalization Program (Program) for participants in the Bering Sea and Aleutian Islands (BSAI) king and Tanner crab fisheries. At this workshop, NMFS will review the Program, discuss the key Program elements, provide information on the application process, and answer questions. This workshop is specifically intended to address issues related to the Arbitration System portion of the Program. NMFS is conducting this public workshop to assist participants comply with the requirements of this new Program. DATES: Workshop will be held November 18, 2005, from 10 a.m. to 1 p.m. Pacific standard time. ADDRESSES: The workshop will be held at the Qwest Field and Event Center, Room C3, 800 Occidental Ave. South, Seattle, WA. FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907–586–7228 or glenn.merrill@noaa.gov. SUPPLEMENTARY INFORMATION: On March 2, 2005, NMFS published a final rule implementing the Program as PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Amendments 18 and 19 to the Fishery Management Plan for Bering Sea/ Aleutian Islands King and Tanner Crabs (70 FR 10174). The final rule was effective on April 2, 2005. NMFS has conducted six public workshops on key Program elements. Four of those workshops were conducted in March and April of 2005 in Alaska, Oregon, and Washington to assist fishery participants comply with the requirements of the Program. At these workshops, NMFS reviewed the Program, discussed the key Program elements, and provided information on the application process. The remaining two workshops were held in Seattle, Washington in May and September of 2005, and focused on the Arbitration System. The November 18, 2005 workshop is also intended to focus on the Arbitration System. One issue not previously addressed in the May and September workshops will be the focus. Specifically, NMFS will provide an overview of existing regulatory requirements which create timing conflicts related to the start of the crab fishing season, the deadline for the initiation of binding arbitration, and the deadline for initiating share matching under the Arbitration System (see 50 CFR 680.20(h)(3)(iv) for more details). NMFS will review this timing conflict and provide an opportunity for public comments. Program elements related to economic data collection, monitoring and enforcement, electronic reporting, quota share and individual fishing quota application and transfer provisions, the appeals process, fee collection, and the loan program may be addressed secondarily. Additionally, NMFS will answer questions from workshop participants. For further information on the Program, please visit the NMFS Alaska Region Internet site at www.fakr.noaa.gov. Special Accommodations This workshop is physically accessible to people with disabilities. Requests for special accommodations should be directed to Glenn Merrill (see FOR FURTHER INFORMATION CONTACT) by November 10, 2005. Dated: October 27, 2005. Anne M. Lange, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–21872 Filed 11–1–05; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Pages 66349-66350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21864]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal from Brazil: Notice of Court Decision Not in 
Harmony

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 6, 2005, in Elkem Metals Company and Globe 
Metallurgical Inc., v. United States, Slip Op. 05-134, the Court of 
International Trade (CIT) affirmed the Final Results of Redetermination 
Pursuant to Court Remand (Remand Redetermination) issued by the 
Department of Commerce (the Department) on July 14, 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 Compania Brasilieira Carbureto De Calcio (CBCC) and Electrosilex, 
S.A. (Electrosilex), as appropriate.

EFFECTIVE DATE: November 2, 2005.

[[Page 66350]]


FOR FURTHER INFORMATION CONTACT: Zev Primor, AD/CVD Operations, Office 
4, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Ave., NW., 
Washington, DC 20230; telephone: (202) 482-4114, fax: (202) 482-5105.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2001, the Department published the final results of 
administrative review of the antidumping duty order on silicon metal 
from Brazil for the period July 1, 1998, through June 30, 1999. See 
Silicon Metal from Brazil; Final Results of Antidumping Duty 
Administrative Review and Determination Not to Revoke in Part; 66 FR 
11256 (February 23, 2001) (Final Results). CBCC and Electrosilex filed 
a lawsuit challenging certain aspects of the Final Results. 
Specifically, CBCC argued that the Department used an incorrect 
interest rate to calculate its home market imputed credit expense, 
while Electrosilex asserted that the Department's decision to apply 
total adverse facts available (AFA) was not in accordance with law and 
unsupported by record evidence. On April 15, 2004, the CIT remanded 
this case back to the Department and instructed it ''...to impute anew 
(1) CBCC's home-market credit costs and (2) Electrosilex's margin of 
dumping for the period of review implicated that is in accordance with 
law and supported by substantial evidence on the record.'' See Elkem 
Metals Company and Globe Metallurgical Inc., v. United States, Slip Op. 
04-36. The Department issued its final results of remand 
redetermination on July 14, 2004. See Remand Redetermination. On 
October 6, 2005, the CIT affirmed the Department's final results of 
remand redetermination in their entirety.

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 October 6, 2005, 
decision affirming the Department's remand results or pending a final 
decision of the CAFC if that decision is appealed. Upon expiration of 
the period to appeal, or if the CIT's decision is appealed and the 
CAFC's decision is not in harmony with the Department's determination 
in the Final Results, the Department will publish in the Federal 
Register a notice of amended final results for the 1998-1999 
administrative review of silicon metal from Brazil.
    We are issuing and publishing this notice in accordance with 
section 516A(c)(1) of the Tariff Act of 1930, as amended.

    Dated: October 26, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-21864 Filed 11-1-05; 8:45 am]
BILLING CODE 3510-DS-S