Freshwater Crawfish Tail Meat from the People's Republic of China: Notice of Court Decision Not In Harmony with Final Results of Administrative Review, 19480-19481 [06-3639]

Download as PDF wwhite on PROD1PC65 with NOTICES 19480 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Notices status for the textile finishing plant of A. Wimpfhheimer & Bro., located in Blackstone, Virginia. The application was submitted pursuant to the provisions of the Foreign–Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR Part 400). It was formally filed on April 4, 2006. The plant (6 acres/175,000 sq.ft.), known as the ‘‘American Velvet’’ property, is located at 300 Church Street, in the city of Blackstone, Virginia. The facility (30 employees) is used to process textile pile fabrics for the U.S. market and export. In this activity, foreign, quota–class woven and knit fabrics (classified under HTSUS 5801.22.1000, 5801.22.9000, 5801.23, 5801.35.0010, 5801.35.0020, 5907.00.6000, 6001.92.2000, 6001.92.0020; 6001.92.0040, 6004.10.0085) would be admitted to the proposed subzone under privileged foreign status (19 CFR § 146.41) in greige form to be processed, dyed, and finished using domestic dyes and chemicals. The finishing activity may involve shrinking, sanferizing, desizing, sponging, bleaching, cleaning/ laundering, calendaring, hydroxilating, decatizing, fulling, mercerizing, chintzing, moiring, framing/beaming, stiffening, weighting, crushing, tubing, thermofixing, anti–microbial finishing, flame retardation, and embossing the foreign–sourced fabric. The finished privileged foreign status fabric would either be exported from the proposed subzone or be transferred for Customs entry under its original HTSUS and textile quota classifications (no activity would be permitted that would result in transformation, tariff shift, or change in quota class or country of origin), with appropriate duty assessment and quota decrement (if applicable). FTZ procedures would exempt Wimpfhheimer from Customs duty payments on the foreign fabric processed for re–export. On shipments for the U.S. market, full duty payment would be deferred until the fabric is transferred from the zone for Customs entry. The application indicates that the savings from FTZ procedures would help improve the facility’s international competitiveness. In accordance with the Board’s regulations, a member of the FTZ Staff has been designated examiner to investigate the application and report to the Board. Public comment on the application is invited from interested parties. Submissions (original and three copies) shall be addressed to the Board’s Executive Secretary at the following addresses: VerDate Aug<31>2005 16:37 Apr 13, 2006 Jkt 208001 1. Submissions via Express/Package Delivery Services: Foreign–Trade Zones Board, U.S. Department of Commerce, Franklin Court Building Suite 4100W, 1099 14th Street, NW, Washington, DC 20005; or, 2. Submissions via the U.S. Postal Service: Foreign–Trade Zones Board, U.S. Department of Commerce, FCB 4100W, 1401 Constitution Ave., NW, Washington, DC 20230. The closing period for their receipt is June 13, 2006. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15–day period (to June 28, 2006). A copy of the application will be available for public inspection at the Office of the Foreign–Trade Zones Board’s Executive Secretary at address No.1 listed above and at the U.S. Department of Commerce Export Assistance Center, 400 North 8th Street, No. 412, Richmond, VA 23240. Dated: April 4, 2006. Dennis Puccinelli, Executive Secretary. [FR Doc. E6–5602 Filed 4–13–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–848 Freshwater Crawfish Tail Meat from the People’s Republic of China: Notice of Court Decision Not In Harmony with Final Results of Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 3, 2006, the United States Court of International Trade (‘‘Court’’) sustained the final remand determination made by the Department of Commerce (‘‘the Department’’) pursuant to the Court’s remand of the final results of the administrative review of freshwater crawfish tail meat from the People’s Republic of China. See Hontex Enterprises Inc., D/B/A Louisiana Packing Co. v. United States, Consol. Ct. No. 02–00223, Slip Op. 06–42 (Ct. Int’l Trade April 3, 2006) (‘‘Hontex Judgment’’). This case arises out of the Department’s Freshwater Crawfish Tail Meat from the People’s Republic of China: Final Results of Administrative Antidumping Duty and New Shipper Reviews, and Final Rescission of New Shipper Review, 65 FR 20948 (April 19, 2000)(‘‘Final Results’’). The final judgment in this case was not in AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 harmony with the Department’s April, 2000 Final Results. EFFECTIVE DATE: April 14, 2006. FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Christopher D. Riker, AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482–1386 or (202) 482– 3441, respectively. SUPPLEMENTARY INFORMATION: In Hontex Enterprises, Inc., d/b/a/ Louisiana Packing Co. v. U.S., 387 F. Supp.2d 1353 (CIT 2005) (Hontex v. U.S.), the Court remanded this matter to the Department to either: (1)(a) find that Mr. Lee did not control Huaiyin Foreign Trading Company (5) (‘‘HFTC5’’) within the meaning of 19 U.S.C. Section 1677(33)(F) & G, and (b) find that Ningbo Nanlian Frozen Foods Company (‘‘NNL’’) were not affiliated, and c) find that NNL and HFTC5 should not be collapsed and given a single antidumping margin, and (d) find that NNL is entitled to a separate company– specific antidumping margin and calculate that margin using the verified information on the record; or (2)(a) re– open the record in order to gather additional evidence of Mr. Lee’s control relationship with HFTC5 during the period of review, and (b) place such additional information on the record, and c) conduct an analysis that takes into account any such new evidence, including the temporal aspect of any such new evidence. In response, the Department found that (a) Mr. Lee did not control HFTC5, (b) HFTC5 and NNL were not affiliated, c) HFTC5 and NNL should not be collapsed and given a single antidumping margin, and (d) NNL is entitled to a separate company–specific antidumping margin. Also in accordance with the Court’s remand, we calculated a separate company–specific antidumping margin for NNL based on verified information on the record. On April 3, 2006, the Court sustained the Department’s remand redetermination. See Hontex Judgment. Timken Notice In its decision in Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (‘‘Timken’’), the United States Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination, and must suspend liquidation of entries pending a E:\FR\FM\14APN1.SGM 14APN1 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Notices ‘‘conclusive’’ court decision. The Court’s decision in Hontex Judgment on April 3, 2006, constitutes a final, ‘‘conclusive,’’ decision that the court findings are not in harmony with the Department’s final results in the 97/98 administrative review of freshwater crawfish tail meat. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal, or, if appealed, upon a final and conclusive court decision. In the event that the CIT’s ruling is not appealed, or if appealed and upheld by the Court of Appeals for the Federal Circuit, the Department will instruct U.S. Customs and Border Protection to revise cash deposit rates and liquidate relevant entries covering the subject merchandise effective the date of publication of this notice in the Federal Register. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: April 11, 2006. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. 06–3639 Filed 4–13–06; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–475–703] Granular Polytetrafluoroethylene Resin From Italy: Extension of the Time Limit for the Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 14, 2006. FOR FURTHER INFORMATION CONTACT: Saliha Loucif or Salim Bhabhrawala, at (202) 482–1779 or (202) 482–1784, 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: wwhite on PROD1PC65 with NOTICES AGENCY: Background On September 28, 2005, the Department of Commerce (Department) published a notice of initiation of administrative review of the VerDate Aug<31>2005 16:37 Apr 13, 2006 Jkt 208001 antidumping duty order on Granular Polytetrafluoroethylene Resin (PTFE) From Italy, covering the period August 1, 2004, through July 31, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 56631. The preliminary results are currently due no later than May 3, 2006. Extension of Time Limit for Preliminary Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order/ finding for which a review is requested. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days after the last day of the anniversary month of an order/finding for which a review is requested. We determine that it is not practicable to complete the preliminary results of this review within the original time limit due to a number of complex issues (e.g., recent changes in Solvay Solexis, Inc. and Solvay Solexis S.p.A’s corporate structure and affiliations, further-manufacturing of wet raw polymer into granular PTFE resin), which must be addressed prior to the issuance of those results. The Department requires additional time to analyze the respondent’s questionnaire response and issue any necessary supplemental questionnaires. Accordingly, the Department is extending, by 90 days, the time limit for completion of the preliminary results of this administrative review until no later than August 1, 2006. We intend to issue the final results no later than 120 days after publication of the preliminary results notice. This notice of extension of the time limit is published in accordance with 751(a)(3)(A) of the Act. Dated: April 10, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–5601 Filed 4–13–06; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 19481 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 040406A] Taking and Importing of Marine Mammals National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; affirmative finding renewal. AGENCY: SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has renewed the affirmative finding for the Republic of Ecuador under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the Eastern Tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Ecuadorian-flag purse seine vessels or purse seine vessels operating under Ecuadorian jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Republic of Ecuador and obtained from the InterAmerican Tropical Tuna Commission (IATTC) and the U.S. Department of State. The renewal is effective from April 1, 2006, through March 31, 2007. FOR FURTHER INFORMATION CONTACT: Regional Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802–4213; phone 562–980–4000; fax 562–980–4018. SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows the entry into the United States of yellowfin tuna harvested by purse seine vessels in the ETP under certain conditions. If requested by the harvesting nation, the Assistant Administrator will determine whether to make an affirmative finding based upon documentary evidence provided by the Republic of the harvesting nation, the IATTC, or the Department of State. The affirmative finding process requires that the harvesting nation is meeting its obligations under the IDCP and obligations of membership in the IATTC. Every 5 years, the Republic of the harvesting nation must request an affirmative finding and submit the required documentary evidence directly to the Assistant Administrator. On an annual basis, NMFS will review the affirmative finding and determine DATES: E:\FR\FM\14APN1.SGM 14APN1

Agencies

[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19480-19481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3639]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Notice of Court Decision Not In Harmony with Final Results of 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 3, 2006, the United States Court of International 
Trade (``Court'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the Court's 
remand of the final results of the administrative review of freshwater 
crawfish tail meat from the People's Republic of China. See Hontex 
Enterprises Inc., D/B/A Louisiana Packing Co. v. United States, Consol. 
Ct. No. 02-00223, Slip Op. 06-42 (Ct. Int'l Trade April 3, 2006) 
(``Hontex Judgment''). This case arises out of the Department's 
Freshwater Crawfish Tail Meat from the People's Republic of China: 
Final Results of Administrative Antidumping Duty and New Shipper 
Reviews, and Final Rescission of New Shipper Review, 65 FR 20948 (April 
19, 2000)(``Final Results''). The final judgment in this case was not 
in harmony with the Department's April, 2000 Final Results.

EFFECTIVE DATE: April 14, 2006.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Christopher D. 
Riker, AD/CVD Operations, Office 9, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington DC 20230; telephone: 
(202) 482-1386 or (202) 482-3441, respectively.

SUPPLEMENTARY INFORMATION: In Hontex Enterprises, Inc., d/b/a/ 
Louisiana Packing Co. v. U.S., 387 F. Supp.2d 1353 (CIT 2005) (Hontex 
v. U.S.), the Court remanded this matter to the Department to either: 
(1)(a) find that Mr. Lee did not control Huaiyin Foreign Trading 
Company (5) (``HFTC5'') within the meaning of 19 U.S.C. Section 
1677(33)(F) & G, and (b) find that Ningbo Nanlian Frozen Foods Company 
(``NNL'') were not affiliated, and c) find that NNL and HFTC5 should 
not be collapsed and given a single antidumping margin, and (d) find 
that NNL is entitled to a separate company-specific antidumping margin 
and calculate that margin using the verified information on the record; 
or (2)(a) re-open the record in order to gather additional evidence of 
Mr. Lee's control relationship with HFTC5 during the period of review, 
and (b) place such additional information on the record, and c) conduct 
an analysis that takes into account any such new evidence, including 
the temporal aspect of any such new evidence.
    In response, the Department found that (a) Mr. Lee did not control 
HFTC5, (b) HFTC5 and NNL were not affiliated, c) HFTC5 and NNL should 
not be collapsed and given a single antidumping margin, and (d) NNL is 
entitled to a separate company-specific antidumping margin. Also in 
accordance with the Court's remand, we calculated a separate company-
specific antidumping margin for NNL based on verified information on 
the record.
    On April 3, 2006, the Court sustained the Department's remand 
redetermination. See Hontex Judgment.

Timken Notice

    In its decision in Timken Co. v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for 
the Federal Circuit held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination, and must suspend liquidation of entries 
pending a

[[Page 19481]]

``conclusive'' court decision. The Court's decision in Hontex Judgment 
on April 3, 2006, constitutes a final, ``conclusive,'' decision that 
the court findings are not in harmony with the Department's final 
results in the 97/98 administrative review of freshwater crawfish tail 
meat. This notice is published in fulfillment of the publication 
requirements of Timken. Accordingly, the Department will continue the 
suspension of liquidation of the subject merchandise pending the 
expiration of the period of appeal, or, if appealed, upon a final and 
conclusive court decision. In the event that the CIT's ruling is not 
appealed, or if appealed and upheld by the Court of Appeals for the 
Federal Circuit, the Department will instruct U.S. Customs and Border 
Protection to revise cash deposit rates and liquidate relevant entries 
covering the subject merchandise effective the date of publication of 
this notice in the Federal Register.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: April 11, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 06-3639 Filed 4-13-06; 8:45 am]
Billing Code: 3510-DS-S

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