Antidumping Duty Investigation and Countervailing Duty Investigation of Hard Red Spring Wheat from Canada: Notice of Panel Decision, Revocation of Countervailing and Antidumping Duty Orders and Termination of Suspension of Liquidation, 8275-8276 [E6-2282]

Download as PDF Federal Register / Vol. 71, No. 32 / Thursday, February 16, 2006 / Notices security, and to reduce the cost to borrowers, in terms of time, expenses and paperwork, of obtaining lien accommodations and subordinations. Estimate of Burden: Public Reporting burden for this collection of information is estimated to average 1.54 hours per response. Respondents: Not-for-profit institutions; business or other for profit. Estimated Number of Respondents: 6. Estimated Number of Responses per Respondent: 2. Estimated Total Annual Burden on Respondents: 69 hours. Copies of this information collection can be obtained from MaryPat Daskal, Program Development and Regulatory Analysis, at (202) 720–7853. FAX: (202) 720–8435. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Dated: February 6, 2006. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E6–2203 Filed 2–15–06; 8:45 am] BILLING CODE 3410–15–P Broadcasting Board of Governors (BBG). SUMMARY: Title 5 United States Code, Section 4314, requires that notice of the appointment of an individual to serve as a member of a performance review board shall be published in the Federal Register. AGENCY: Effective Date: February 9, 2006. Broadcasting Board of Governors, 330 Independence Ave., SW., Washington, DC 20237. ADDRESSES: John S. Welch, Director; Office of Human Resources: Broadcasting Board of Governors; telephone (202) 619–3763. The following individuals have been appointed to serve as PRB members for the BBG: Jill M. Crumpacker, George A. Moore, and Christopher Warner. dsatterwhite on PROD1PC65 with NOTICES Dated: February 9, 2006. Carol Booker, Legal Counsel. [FR Doc. 06–1449 Filed 2–15–06; 8:45 am] BILLING CODE 8230–01–M VerDate Aug<31>2005 15:56 Feb 15, 2006 Jkt 208001 A–122–847 C–122–848 Antidumping Duty Investigation and Countervailing Duty Investigation of Hard Red Spring Wheat from Canada: Notice of Panel Decision, Revocation of Countervailing and Antidumping Duty Orders and Termination of Suspension of Liquidation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 12, 2005, the binational panel convened under the North American Free–Trade Agreement (‘‘NAFTA’’) issued a decision affirming the International Trade Commission’s determination issued pursuant to remand that the domestic industry is neither materially injured by reason of the subject imports nor threatened with such injury. There was no Extraordinary Challenge filed. Therefore, we are revoking the countervailing duty order and antidumping duty order on hard red spring wheat from Canada effective January 2, 2006, and ordering the termination of suspension of liquidation. AGENCY: February 16, 2006. FOR FURTHER INFORMATION CONTACT: Performance Review Board FOR FURTHER INFORMATION CONTACT: International Trade Administration EFFECTIVE DATE: BROADCASTING BOARD OF GOVERNORS DATES: DEPARTMENT OF COMMERCE Brandon Farlander or Audrey Twyman, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–0182 and (202) 482–3534, respectively. SUPPLEMENTARY INFORMATION: Background On October 16, 2003, the International Trade Commission (‘‘ITC’’) determined that an industry in the United States is materially injured by reason of imports of hard red spring wheat from Canada found to be subsidized and sold in the United States at less than fair value. Hard Red Spring Wheat from Canada, Inv. Nos. 701–TA–430B and 731–TA– 1019B (Final), USITC Pub. 3639 (October 2003) (‘‘Final Injury Determination’’); 68 FR 60707 (October 23, 2003). Respondent parties subsequently challenged the ITC’s Final Injury Determination before a binational panel, pursuant to Article 1904 of the NAFTA. The parties briefed and argued the case before the panel, and on June 7, 2005, the panel issued its decision, remanding in full the ITC’s determination. Hard Red Spring Wheat PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 8275 from Canada, USA–CDA- 2003–1904– 06, Decision of the Panel (June 7, 2005). On October 5, 2005, the ITC determined on remand that the domestic industry is neither materially injured by reason of the subject imports nor threatened with material injury. By decision issued on December 12, 2005, the panel affirmed in full the ITC’s determination on remand. Hard Red Spring Wheat from Canada, USA–CDA– 2003–1904–06, Decision of the Panel on the Remand Determination of the U.S. International Trade Commission (December 12, 2005). On December 12, 2005, the panel directed the NAFTA Secretariat to issue a Notice of Final Panel Action on the 11th day following the December 12, 2005, panel decision. Decision of the Panel, 70 FR 75792 (December 21, 2005). The Notice of Final Panel Action was issued on December 23, 2005. On January 31, 2006, the Department published notice of the adverse decision of the NAFTA panel, 71 FR 5050 (January 31, 2006). The effective date of the notice of the adverse decision was January 2, 2006, 10 days after issuance of the Notice of Final Panel Action. On January 30, 2006, the NAFTA Secretariat published the North American Free–Trade Agreement, Article 1904 NAFTA Panel Reviews; Completion of Panel Review, 71 FR 4896 (January 30, 2006). Therefore, we are revoking the countervailing duty order and antidumping duty order on hard red spring wheat from Canada, effective January 2, 2006. Termination of Suspension of Liquidation The U.S. Department of Commerce will instruct U.S. Customs and Border Protection to terminate the suspension of liquidation of hard red spring wheat from Canada, effective January 2, 2006; to cease collection of cash deposits on hard red spring wheat from Canada; and to proceed with liquidation of the subject merchandise which entered the United States on or after January 2, 2006, without regard to countervailing duties and antidumping duties. This revocation does not affect the liquidation of entries made prior to January 2, 2006. Any entries of subject merchandise entered before January 2, 2006, are subject to administrative review. If no review is requested we will liquidate at the rate in effect at the time of entry pursuant to 19 CFR 351.212(c). E:\FR\FM\16FEN1.SGM 16FEN1 8276 Federal Register / Vol. 71, No. 32 / Thursday, February 16, 2006 / Notices Dated: February 10, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–2282 Filed 2–15–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–570–803) Heavy Forged Hand Tools (i.e., Axes & Adzes, Bars & Wedges, Hammers & Sledges, and Picks & Mattocks) from the People’s Republic of China: Continuation of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty order on Heavy Forged Hand Tools (i.e., Axes & Adzes, Bars & Wedges, Hammers & Sledges, and Picks & Mattocks) (‘‘HFHTs’’) from the People’s Republic of China (‘‘PRC’’) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of these antidumping duty orders. EFFECTIVE DATE: February 16, 2006. FOR FURTHER INFORMATION CONTACT: Jim Nunno, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0783. SUPPLEMENTARY INFORMATION: AGENCY: dsatterwhite on PROD1PC65 with NOTICES Background On July 1, 2005, the Department initiated and the ITC instituted a sunset review of the antidumping duty orders on HFHTs from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-year (Sunset) Reviews, 70 FR 38101 (July 1, 2005), and ITC Investigation Nos. 731–TA–457–A–D (Second Review), Heavy Forged Hand Tools from China, 70 FR 38197 (July 1, 2005). As a result of its review, the Department found that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail were the orders to be revoked. See Heavy Forged Hand Tools (i.e., Axes VerDate Aug<31>2005 15:56 Feb 15, 2006 Jkt 208001 & Adzes, Bars & Wedges, Hammers & Sledges, and Picks & Mattocks) from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Orders, 70 FR 67451 (November 7, 2005). On January 18, 2006, the ITC determined, pursuant to sections 751(c) and 752 of the Act, that revocation of the antidumping duty orders on HFHTs 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. See ITC Investigation Nos. 731–TA–457–A–D (Second Review), Heavy Forged Hand Tools from China, 71 FR 6290 (February 7, 2006). Scope of the Orders The products covered by these orders are HFHTs comprising the following classes or kinds of merchandise: (1) Hammers and sledges with heads over 1.5 kg (3.33 pounds) (hammers/sledges); (2) bars over 18 inches in length, track tools and wedges (bars/wedges); (3) picks and mattocks (picks/mattocks); and (4) axes, adzes and similar hewing tools (axes/adzes). HFHTs include heads for drilling hammers, sledges, axes, mauls, picks and mattocks, which may or may not be painted, which may or may not be finished, or which may or may not be imported with handles; assorted bar products and track tools including wrecking bars, digging bars, and tampers; and steel woodsplitting wedges. HFHTs are manufactured through a hot forge operation in which steel is sheared to required length, heated to forging temperature, and formed to final shape on forging equipment using dies specific to the desired product shape and size. Depending on the product, finishing operations may include shot blasting, grinding, polishing and painting, and the insertion of handles for handled products. HFHTs are currently provided for under the following Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: 8205.20.60, 8205.59.30, 8201.30.00, and 8201.40.60. Specifically excluded from these investigations are hammers and sledges with heads 1.5 kg. (3.33 pounds) in weight and under, hoes and rakes, and bars 18 inches in length and under. The Department has issued seven conclusive scope rulings regarding the merchandise covered by these orders: (1) On August 16, 1993, the Department found the ‘‘Max Multi–Purpose Axe,’’ imported by the Forrest Tool Company, to be within the scope of the axes/adzes order; (2) on March 8, 2001, the Department found ‘‘18–inch’’ and ‘‘24– inch’’ pry bars, produced without dies, PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 imported by Olympia Industrial, Inc. and SMC Pacific Tools, Inc., to be within the scope of the bars/wedges order; (3) on March 8, 2001, the Department found the ‘‘Pulaski’’ tool, produced without dies by TMC, to be within the scope of the axes/adzes order; (4) on March 8, 2001, the Department found the ‘‘skinning axe,’’ imported by Import Traders, Inc., to be within the scope of the axes/adzes order; (5) on December 9, 2004, the Department found the ‘‘Scrapek MUTT,’’ imported by Olympia Industrial, Inc., under HTSUS 8205.59.5510, to be within the scope of the axes/adzes order; (6) on May 23, 2005, the Department found 8 inch by 8 inch and 10 inch by 10 inch cast tampers, imported by Olympia Industrial, Inc. to be outside the scope of the orders; and (7) on October 14, 2005, the Department found the ‘‘Mean Green Splitting Machine’’ imported by Avalanche Industries to be within the scope of the bars/wedges order.1 In addition, on September 22, 2005, the Court of International Trade sustained the Department’s finding that cast picks are outside the scope of the picks/mattocks order. See Tianjin Machinery Import & Export Corporation v. United States and Ames True Temper, Slip Op. 05–127, Court No. 03– 00732 (September 22, 2005). The HTSUS subheadings are provided for convenience and Customs purposes. The written description remains dispositive. Determination As a result of the determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on heavy forged hand tools from the PRC. U.S. Customs and Border Protection (‘‘CBP’’) will continue to collect antidumping duty cash 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 will be the date of publication in the Federal Register of this Notice of Continuation. Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate the next 1 See ‘‘Final Scope Ruling: Antidumping Duty Order on Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People’s Republic of China,’’ from James C. Doyle, Office Director, Office 9, Import Administration, to Gary Taverman, Acting Deputy Assistant Secretary for Import Administration, dated October 14, 2005. E:\FR\FM\16FEN1.SGM 16FEN1

Agencies

[Federal Register Volume 71, Number 32 (Thursday, February 16, 2006)]
[Notices]
[Pages 8275-8276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2282]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-122-847
C-122-848


Antidumping Duty Investigation and Countervailing Duty 
Investigation of Hard Red Spring Wheat from Canada: Notice of Panel 
Decision, Revocation of Countervailing and Antidumping Duty Orders and 
Termination of Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 12, 2005, the binational panel convened under the 
North American Free-Trade Agreement (``NAFTA'') issued a decision 
affirming the International Trade Commission's determination issued 
pursuant to remand that the domestic industry is neither materially 
injured by reason of the subject imports nor threatened with such 
injury. There was no Extraordinary Challenge filed. Therefore, we are 
revoking the countervailing duty order and antidumping duty order on 
hard red spring wheat from Canada effective January 2, 2006, and 
ordering the termination of suspension of liquidation.

EFFECTIVE DATE: February 16, 2006.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Audrey Twyman, 
AD/CVD Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-0182 and (202) 482-3534, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 16, 2003, the International Trade Commission (``ITC'') 
determined that an industry in the United States is materially injured 
by reason of imports of hard red spring wheat from Canada found to be 
subsidized and sold in the United States at less than fair value. Hard 
Red Spring Wheat from Canada, Inv. Nos. 701-TA-430B and 731-TA-1019B 
(Final), USITC Pub. 3639 (October 2003) (``Final Injury 
Determination''); 68 FR 60707 (October 23, 2003). Respondent parties 
subsequently challenged the ITC's Final Injury Determination before a 
binational panel, pursuant to Article 1904 of the NAFTA. The parties 
briefed and argued the case before the panel, and on June 7, 2005, the 
panel issued its decision, remanding in full the ITC's determination. 
Hard Red Spring Wheat from Canada, USA-CDA- 2003-1904-06, Decision of 
the Panel (June 7, 2005).
    On October 5, 2005, the ITC determined on remand that the domestic 
industry is neither materially injured by reason of the subject imports 
nor threatened with material injury. By decision issued on December 12, 
2005, the panel affirmed in full the ITC's determination on remand. 
Hard Red Spring Wheat from Canada, USA-CDA-2003-1904-06, Decision of 
the Panel on the Remand Determination of the U.S. International Trade 
Commission (December 12, 2005). On December 12, 2005, the panel 
directed the NAFTA Secretariat to issue a Notice of Final Panel Action 
on the 11th day following the December 12, 2005, panel decision. 
Decision of the Panel, 70 FR 75792 (December 21, 2005). The Notice of 
Final Panel Action was issued on December 23, 2005. On January 31, 
2006, the Department published notice of the adverse decision of the 
NAFTA panel, 71 FR 5050 (January 31, 2006). The effective date of the 
notice of the adverse decision was January 2, 2006, 10 days after 
issuance of the Notice of Final Panel Action. On January 30, 2006, the 
NAFTA Secretariat published the North American Free-Trade Agreement, 
Article 1904 NAFTA Panel Reviews; Completion of Panel Review, 71 FR 
4896 (January 30, 2006).
    Therefore, we are revoking the countervailing duty order and 
antidumping duty order on hard red spring wheat from Canada, effective 
January 2, 2006.

Termination of Suspension of Liquidation

    The U.S. Department of Commerce will instruct U.S. Customs and 
Border Protection to terminate the suspension of liquidation of hard 
red spring wheat from Canada, effective January 2, 2006; to cease 
collection of cash deposits on hard red spring wheat from Canada; and 
to proceed with liquidation of the subject merchandise which entered 
the United States on or after January 2, 2006, without regard to 
countervailing duties and antidumping duties.
    This revocation does not affect the liquidation of entries made 
prior to January 2, 2006. Any entries of subject merchandise entered 
before January 2, 2006, are subject to administrative review. If no 
review is requested we will liquidate at the rate in effect at the time 
of entry pursuant to 19 CFR 351.212(c).


[[Page 8276]]


    Dated: February 10, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-2282 Filed 2-15-06; 8:45 am]
BILLING CODE 3510-DS-S
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