Certain Softwood Lumber Products from Canada: Notice of Rescission of Antidumping Duty New Shipper Review, 20389-20390 [E6-5949]

Download as PDF Federal Register / Vol. 71, No. 76 / Thursday, April 20, 2006 / Notices print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720– 2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250–9410, or call (800) 795–3272 (voice), or (202) 720– 6382 (TDD). ‘‘USDA is an equal opportunity provider, employer, and lender.’’ VII. Agency Contacts For general questions about this announcement and for program technical assistance, please contact the USDA Rural Development’s Cooperative Programs, Mail STOP 3250, Room 4016South, 1400 Independence Avenue, SW., Washington, DC 20250–3250, Telephone: (202) 690–0368 (TDD: (800) 877–8339 Federal Information Relay Service), e-mail: cpgrants@wdc.usda.gov. hsrobinson on PROD1PC61 with NOTICES the next reporting period should be listed. Compliance with any special condition on the use of award funds should be discussed. 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The supporting documentation for completed tasks include, but are not limited to, publications of research findings, summaries of data collected, documentation of data and software delivered to USDA Rural Development, and any other documentation related to how funds were spent. The final performance report is due within 90 days of the completion of the project. Agenda VIII. Non-Discrimination Statement USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large VerDate Aug<31>2005 14:56 Apr 19, 2006 Jkt 208001 Dated: April 14, 2006. Jackie J. Gleason, Acting Administrator, Rural BusinessCooperative Service. [FR Doc. E6–5913 Filed 4–19–06; 8:45 am] DEPARTMENT OF COMMERCE Bureau of Industry and Security Information Systems Technical Advisory Committee; Notice of Open Meeting The Information Systems Technical Advisory Committee will meet on April 26, 2006, 9 a.m., in the Herbert C. Hoover Building, Room 3884, 14th & Pennsylvania Avenue, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to computer systems and technology. 1. Opening Remarks and Introductions. 2. Update on BIS Programs and Activities. 3. Summary of Export Control Workshop at SEMICON. 4. Introduction of Proposals for Category 5. 5. VoIP Networks. 6. 4A3b vs 4A3c Discussion. The meeting will be open to the public and a limit number of seats will be available. To the extent that time permits, members of the public may present oral statements to the Committee. Written statements may be submitted at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials two weeks prior to the meeting date to Yvette Springer at Yspringer@bis.doc.gov. For more information contact Yvette Springer on (202) 482–4814. Frm 00008 Fmt 4703 Dated: April 13, 2006. Yvette Springer, Committee Liaison Officer. [FR Doc. 06–3760 Filed 4–19–06; 8:45 am] BILLING CODE 3510–JT–M DEPARTMENT OF COMMERCE International Trade Administration [A–122–838] Certain Softwood Lumber Products from Canada: Notice of Rescission of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 20, 2006. SUMMARY: On December 28, 2005, the Department of Commerce (the Department) published in the Federal Register (70 FR 76774) a notice announcing the initiation of a new shipper review of the antidumping duty order on certain softwood lumber products from Canada, covering the period May 1, 2005, to October 31, 2005. The review covers International Forest Products Corporation (IFP Corp.). We are now rescinding this review as a result of our determination that IFP Corp. was not the first party in the chain of distribution with knowledge that the merchandise was destined for the United States. FOR FURTHER INFORMATION CONTACT: David Layton or Constance Handley at (202) 482–0371 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: AGENCY: BILLING CODE 3410–XY–P PO 00000 20389 Sfmt 4703 Background On November 28, 2005, the Department received a request to conduct a new shipper review of the antidumping duty (AD) order on certain softwood lumber from Canada. On December 21, 2005, the Department initiated this new shipper antidumping review covering the period May 1, 2005, to October 31, 2005. See Certain Softwood Lumber Products from Canada: Notice of Initiation of Antidumping Duty New Shipper Review, 70 FR 76774 (December 28, 2005). In that notice the Department stated that it intended to solicit and carefully examine information concerning the first party in the chain of distribution with knowledge of U.S. destination. E:\FR\FM\20APN1.SGM 20APN1 20390 Federal Register / Vol. 71, No. 76 / Thursday, April 20, 2006 / Notices On January 5, 2006, the Department issued a letter to the respondent, IFP Corp., to solicit this information. IFP Corp. responded on January 11, 2006. On February 6, 2006, the Department issued a memorandum expressing its intent to rescind the new shipper review. See memorandum from Constance Handley, Program Manager to Susan H. Kuhbach, Director, Office 1, re: New Shipper Review: Intent to rescind the Review of International Forest Products Corporation (Rescission Memo). On February 24, 2006, the Department received comments from IFP Corp. hsrobinson on PROD1PC61 with NOTICES Analysis of Comments Received In the Rescission Memo, the Department expressed its intent to rescind the review, because IFP Corp., the company from which the request for review had been received, was not the first party in the chain of distribution with knowledge that the merchandise was destined for the United States. Information provided by the producer, Terrace Lumber Company (Terrace), indicated that it had knowledge that the merchandise was destined for the United States. IFP Corp. does not dispute that Terrace was aware that its lumber was destined for the United States. However, it argues that the review request was intended to be for Terrace as well as for IFP. According to IFP Corp., the request was made ‘‘on behalf’’ of IFP Corp. because, by agreement with Terrace, IFP Corp. was responsible for paying the legal fees incurred in participating in the review. IFP Corp. maintains that it clearly identified Terrace as the producer and as one of the two requesters on the front of the petition and in the supporting documents. IFP Corp. distinguishes this case from Pasta from Italy and Garlic from the PRC1 in that in those cases, no request was made to review the producer’s sales. Finally, IFP Corp. argues that Terrace’s only sales are to IFP Corp., and therefore, the only sales of Terrace’s which could be reviewed are sales to IFP and the only post–tariff sales to U.S. customers for review are from IFP. Section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), provides that the Department will conduct a new shipper review if it receives a request from an exporter or producer of the subject merchandise. 1 See Certain Pasta From Italy: Termination of New Shipper Antidumping Duty Administrative Review, 62 FR 66602 (December 19, 1997); see also Fresh Garlic from the People’s Republic of China; Preliminary Results of Antidumping Duty Administrative Review and Partial Termination of Administrative Review. VerDate Aug<31>2005 14:56 Apr 19, 2006 Jkt 208001 We disagree with IFP Corp.’s contention that the request for this review was received from both IFP Corp. and Terrace. The letter submitted to the Department states ‘‘On behalf of International Forest Products Corporation, we submit the attached request for new shipper review . . .’’ In the same paragraph it goes on to state ‘‘IFP {Corp.} requests a new shipper review. . .’’ Although Terrace is identified as the producer in the request, nowhere in the document does it specifically state that a review is being requested for Terrace. On the cover page to the request, and on page 4, IFP Corp. is clearly identified as the ‘‘exporter and requester’’ and Terrace as the ‘‘producer.’’ In addition, the request specifically identifies IFP Corp.’s first sale of Terrace–produced lumber to IFP Corp.’s customer and provides an invoice for that sale, further indicating that IFP Corp. was requesting a review of its sales to its customers. Section 751(a)(2)(B)(i) of the Act and the Department’s regulations at 351.214(b) specify that an exporter may request a new shipper review. IFP Corp. made the request for this review, and the Department initiated a review based on that request from IFP Corp. However, the relevant sale for the purposes of conducting an antidumping duty review, is the sale from Terrace to IFP Corp., not the sale from IFP Corp. to its customer. Therefore, IFP Corp. does not qualify for a new shipper review and, accordingly, we are rescinding the review at this time. with the regulations and terms of an APO is a violation which is subject to sanctions. This notice is issued and published in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act and 19 CFR 351.214(f)(3). Rescission of New Shipper Review For the reasons stated in the Rescission Memo and as outlined above, and pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(f), we are rescinding this new shipper review. CORRECTION: Notification Bonding is no longer permitted to fulfill security requirements for shipments of certain softwood lumber products from Canada produced and exported by IFP Corp., entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the Federal Register. This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO material or conversion to judicial protective order is hereby requested. Failure to comply PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Dated: April 13, 2006. David M. Spooner, Assistant Secretaryfor Import Administration. [FR Doc. E6–5949 Filed 4–19–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–533–821] Notice of Correction to Notice of Intent to Rescind Countervailing Duty Administrative Review: Certain Hot– Rolled Carbon Steel Flat Products from India Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 20, 2006. FOR FURTHER INFORMATION CONTACT: Preeti Tolani, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 202– 482–0395. SUPPLEMENTARY INFORMATION: AGENCY: On March 28, 2006, the Department of Commerce (the Department) published its intent to rescind the countervailing duty administrative review of certain hot–rolled carbon steel flat products from India, covering the period of January 1, 2005, through December 31, 2005. See Notice of Intent to Rescind Countervailing Duty Administrative Review: Certain Hot–Rolled Carbon Steel Flat Products from India, 71 FR 15379 (March 28, 2006) (HRC Intent to Rescind). Subsequent to the publication of the intent to rescind, we identified an inadvertent error in the Federal Register. The case number associated with the HRC Intent to Rescind is incorrect. The correct case number is C– 533–821. This notice is to serve as a correction to the case number. The determination in the HRC Intent to Rescind is correct and remains unchanged. This correction is issued and published in accordance with section 777(i) of the Tariff Act of 1930, as amended. E:\FR\FM\20APN1.SGM 20APN1

Agencies

[Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20389-20390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5949]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-838]


Certain Softwood Lumber Products from Canada: Notice of 
Rescission of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: April 20, 2006.
SUMMARY: On December 28, 2005, the Department of Commerce (the 
Department) published in the Federal Register (70 FR 76774) a notice 
announcing the initiation of a new shipper review of the antidumping 
duty order on certain softwood lumber products from Canada, covering 
the period May 1, 2005, to October 31, 2005. The review covers 
International Forest Products Corporation (IFP Corp.). We are now 
rescinding this review as a result of our determination that IFP Corp. 
was not the first party in the chain of distribution with knowledge 
that the merchandise was destined for the United States.

FOR FURTHER INFORMATION CONTACT: David Layton or Constance Handley at 
(202) 482-0371 or (202) 482-0631, respectively, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14\th\ Street & Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On November 28, 2005, the Department received a request to conduct 
a new shipper review of the antidumping duty (AD) order on certain 
softwood lumber from Canada. On December 21, 2005, the Department 
initiated this new shipper antidumping review covering the period May 
1, 2005, to October 31, 2005. See Certain Softwood Lumber Products from 
Canada: Notice of Initiation of Antidumping Duty New Shipper Review, 70 
FR 76774 (December 28, 2005). In that notice the Department stated that 
it intended to solicit and carefully examine information concerning the 
first party in the chain of distribution with knowledge of U.S. 
destination.

[[Page 20390]]

    On January 5, 2006, the Department issued a letter to the 
respondent, IFP Corp., to solicit this information. IFP Corp. responded 
on January 11, 2006. On February 6, 2006, the Department issued a 
memorandum expressing its intent to rescind the new shipper review. See 
memorandum from Constance Handley, Program Manager to Susan H. Kuhbach, 
Director, Office 1, re: New Shipper Review: Intent to rescind the 
Review of International Forest Products Corporation (Rescission Memo). 
On February 24, 2006, the Department received comments from IFP Corp.

Analysis of Comments Received

    In the Rescission Memo, the Department expressed its intent to 
rescind the review, because IFP Corp., the company from which the 
request for review had been received, was not the first party in the 
chain of distribution with knowledge that the merchandise was destined 
for the United States. Information provided by the producer, Terrace 
Lumber Company (Terrace), indicated that it had knowledge that the 
merchandise was destined for the United States. IFP Corp. does not 
dispute that Terrace was aware that its lumber was destined for the 
United States. However, it argues that the review request was intended 
to be for Terrace as well as for IFP.
    According to IFP Corp., the request was made ``on behalf'' of IFP 
Corp. because, by agreement with Terrace, IFP Corp. was responsible for 
paying the legal fees incurred in participating in the review. IFP 
Corp. maintains that it clearly identified Terrace as the producer and 
as one of the two requesters on the front of the petition and in the 
supporting documents. IFP Corp. distinguishes this case from Pasta from 
Italy and Garlic from the PRC\1\ in that in those cases, no request was 
made to review the producer's sales. Finally, IFP Corp. argues that 
Terrace's only sales are to IFP Corp., and therefore, the only sales of 
Terrace's which could be reviewed are sales to IFP and the only post-
tariff sales to U.S. customers for review are from IFP.
---------------------------------------------------------------------------

    \1\ See Certain Pasta From Italy: Termination of New Shipper 
Antidumping Duty Administrative Review, 62 FR 66602 (December 19, 
1997); see also Fresh Garlic from the People's Republic of China; 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Termination of Administrative Review.
---------------------------------------------------------------------------

    Section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the 
Act), provides that the Department will conduct a new shipper review if 
it receives a request from an exporter or producer of the subject 
merchandise. We disagree with IFP Corp.'s contention that the request 
for this review was received from both IFP Corp. and Terrace. The 
letter submitted to the Department states ``On behalf of International 
Forest Products Corporation, we submit the attached request for new 
shipper review . . .'' In the same paragraph it goes on to state ``IFP 
{Corp.{time}  requests a new shipper review. . .'' Although Terrace is 
identified as the producer in the request, nowhere in the document does 
it specifically state that a review is being requested for Terrace. On 
the cover page to the request, and on page 4, IFP Corp. is clearly 
identified as the ``exporter and requester'' and Terrace as the 
``producer.'' In addition, the request specifically identifies IFP 
Corp.'s first sale of Terrace-produced lumber to IFP Corp.'s customer 
and provides an invoice for that sale, further indicating that IFP 
Corp. was requesting a review of its sales to its customers. Section 
751(a)(2)(B)(i) of the Act and the Department's regulations at 
351.214(b) specify that an exporter may request a new shipper review. 
IFP Corp. made the request for this review, and the Department 
initiated a review based on that request from IFP Corp. However, the 
relevant sale for the purposes of conducting an antidumping duty 
review, is the sale from Terrace to IFP Corp., not the sale from IFP 
Corp. to its customer. Therefore, IFP Corp. does not qualify for a new 
shipper review and, accordingly, we are rescinding the review at this 
time.

Rescission of New Shipper Review

    For the reasons stated in the Rescission Memo and as outlined 
above, and pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(f), we are rescinding this new shipper review.

Notification

    Bonding is no longer permitted to fulfill security requirements for 
shipments of certain softwood lumber products from Canada produced and 
exported by IFP Corp., entered, or withdrawn from warehouse, for 
consumption in the United States on or after the publication of this 
rescission notice in the Federal Register.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO material or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanctions.
    This notice is issued and published in accordance with sections 
751(a)(2)(B)(iv) and 777(i) of the Act and 19 CFR 351.214(f)(3).

    Dated: April 13, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-5949 Filed 4-19-06; 8:45 am]
BILLING CODE 3510-DS-S

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