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]
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Federal Register / Vol. 71, No. 32 / Thursday, February 16, 2006 / Notices
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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
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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
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ADDRESSES:
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The following individuals have been
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the BBG: Jill M. Crumpacker, George A.
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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
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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
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Fmt 4703
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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).
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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
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15:56 Feb 15, 2006
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& 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,
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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.
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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