Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review, 55430-55431 [06-8075]

Download as PDF 55430 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices suspend liquidation of affected entries. The Department will not order the lifting of the suspension of liquidation on entries of ball bearings and parts thereof made during the review period before a court decision in this lawsuit becomes final and conclusive. We are issuing and publishing this notice in accordance with section 516A(c)(1) of the Tariff Act of 1930, as amended. Decision Not in Harmony The CIT ruled that the Department’s decision to use partial facts available with respect to SKF’s margin calculation was not supported by substantial evidence on the record. The changes to our calculations with respect to SKF resulted in a change in the weighted– average margin for ball bearings and parts thereof from 6.70 percent to 6.19 percent for the period of review. Accordingly, absent an appeal or, if appealed, upon a ‘‘conclusive’’ decision by the CIT, we will amend our final results of this review to reflect the recalculation of the margin for SKF. sroberts on PROD1PC70 with NOTICES Court of International Trade (CIT) ordered the Department to re–evaluate and re–examine its decision by providing evidentiary support for using partial adverse facts available unrelated to SKF’s alleged failure to offer evidence at verification or, in the alternative, to recalculate SKF’s margin using SKF’s own information. See SKF USA Inc., SKF France S.A., and Sarma v. United States, 391 F. Supp. 2d 1327, 1337 (CIT 2005). In accordance with the CIT’s remand order in SKF, 391 F. Supp. 2d at 1337, the Department filed its redetermination on remand of the final results (remand results) on December 21, 2005. On September 1, 2006, the CIT affirmed in part and struck in part the Department’s remand results. The stricken parts of the remand results do not affect the weighted–average margin the Department recalculated for SKF in the remand results. See SKF, slip op. 06–133. Non–Malleable Cast Iron Pipe Fittings from the People’s Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review Suspension of Liquidation The United States Court of Appeals for Federal Circuit (CAFC) 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. See The Timken Company v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990). Publication of this notice fulfills that obligation. The CAFC also held that, in such a case, the Department must suspend liquidation until there is a ‘‘conclusive’’ decision in the action. Id. Therefore, the Department must suspend liquidation pending the expiration of the period to appeal the CIT’s September 1, 2006, decision or pending a final decision of the CAFC if that decision is appealed. Because entries of ball bearings and parts thereof from France produced by, exported to, or imported into the United States by SKF are currently being suspended pursuant to the court’s injunction order in effect, the Department does not need to order U.S. Customs and Border Protection to VerDate Aug<31>2005 20:37 Sep 21, 2006 Jkt 208001 Dated: September 12, 2006. Barbara E. Tillman, Acting Assistant Secretary for Import Administration. [FR Doc. 06–8076 Filed 9–21–06; 8:45 am] BILLING CODE 3510–DR–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–875] Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 31, 2006, the Department of Commerce (‘‘the Department’’) initiated the third administrative review of the antidumping duty order on non– malleable cast iron pipe fittings from the People’s Republic of China (‘‘PRC’’) covering the period April 1, 2005, through March 31, 2006. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 71 FR 30864 (May 31, 2006) (‘‘Initiation Notice’’). On July 25, 2006, the review request was withdrawn with respect to two parties. Therefore, the Department is partially rescinding the administrative review of sales of non– malleable cast iron pipe fittings with respect to the entities for whom the review requests have been withdrawn. EFFECTIVE DATE: September 22, 2006. FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Room 4416, Washington, DC 20230; telephone: (202) 482–4340. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 3, 2006, the Department published a notice of opportunity to PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 request an administrative review of the antidumping duty order on non– malleable cast iron pipe fittings from the PRC for the period April 1, 2005 through March 31, 2006. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 71 FR 16549 (April 3, 2006). On April 21, 2006, Myland Industrial Co., Ltd. (‘‘Myland’’) and Buxin Myland (Foundry) Ltd. (‘‘Buxin’’) requested an administrative review of their sales to the United States during the period of review (‘‘POR’’) of merchandise produced by Buxin and exported by Myland. On April 28, 2006, Ward Manufacturing, Inc. (‘‘Ward’’), a domestic producer of non–malleable cast iron pipe fittings, requested an administrative review of the sales to the United States during the POR of merchandise produced and/or exported by Jinan Meide Corporation (‘‘JMC’’) and SFTEC. Pursuant to these requests, the Department initiated an administrative review of the antidumping duty order on non– malleable cast iron pipe fittings from the PRC. See Initiation Notice. On July 25, 2006, Ward timely withdrew its request for an administrative review of non– malleable cast iron pipe fittings from the PRC regarding merchandise produced and/or exported by JMC and SFTEC. Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation. In this case, Ward withdrew its request for an administrative review of JMC and SFTEC within 90 days from the date of initiation. No other interested party requested a review of JMC and SFTEC. Therefore, the Department is rescinding this review with respect to JMC and SFTEC, in accordance with 19 CFR 351.213(d)(1). The review will continue with respect to Myland and Buxin. Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries for JMC and SFTEC. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department will issue appropriate assessment instructions directly to CBP within 15 E:\FR\FM\22SEN1.SGM 22SEN1 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices days of publication of this notice in the Federal Register. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s assumption that reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders (‘‘APOs’’) This notice also serves as a reminder to parties subject to APOs of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials 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 sanction. This notice is in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4) of the Department’s regulations. Dated: September 11, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. 06–8075 Filed 9–21–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 091806C] Endangered Species; File No. 1591 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: Notice is hereby given that NMFS Southwest Fisheries Science Center (Stephen Reilly, Responsible Official), 8604 La Jolla Shores Drive, La Jolla, CA 92038, has applied in due form for a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), and olive ridley (Lepidochelys olivacea) VerDate Aug<31>2005 20:37 Sep 21, 2006 Jkt 208001 sea turtles for purposes of scientific research. DATES: Written, telefaxed, or e-mail comments must be received on or before October 23, 2006. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)427–2521; and Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562)980–4001; fax (562)980–4018. Written comments or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at (301)427–2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is NMFS.Pr1Comments@noaa.gov. Include in the subject line of the e-mail comment the following document identifier: File No. 1591. FOR FURTHER INFORMATION CONTACT: Patrick Opay or Amy Hapeman, (301)713–2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226). The purpose of this project would be to continue long-term monitoring of the status of sea turtles in San Diego Bay, California. Researchers would study the species present at this temperate foraging area to determine their abundance, size ranges, growth, sex ratio, health status, diving behavior, local movements, habitat use, and migration routes. Turtles would be captured using entanglement nets and each animal would be flipper and passive integrated transponder (PIT) tagged, measured, weighed, sexed, PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 55431 blood sampled, and tissue sampled. A subset of animals be lavaged and would have transmitters attached to their carapace. A primary goal of the research would be to integrate data from genetic analysis, flipper tagging, and satellite telemetry to identify nesting beach origins of turtles occurring in San Diego Bay and contribute to the overall understanding of sea turtle stock structure in the Pacific Ocean. Researchers would compare current data with those collected in San Diego Bay since 1989 to determine growth rates of juveniles and adults, determine tag retention rates, and examine population abundance trends. Genetic studies based on blood and tissue samples are part of an international collaboration to define stock structure of sea turtles in the Pacific. Up to 50 green, 5 loggerhead, and 5 olive ridley sea turtles would be taken annually. The permit would be issued for 5 years. Dated: September 18, 2006. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 06–8079 Filed 9–21–06; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 082106B] Endangered and Threatened Species: Notice of Availability of the Status Review for Atlantic Salmon in the United States National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Availability of the Status Review of Atlantic Salmon. AGENCY: SUMMARY: A Biological Review Team (BRT) consisting of biologists from the Maine Atlantic Salmon Commission, Penobscot Indian Nation, NMFS, and U.S. Fish and Wildlife Service (FWS) have completed a Status Review of Atlantic salmon (Status Review for Anadromous Atlantic Salmon (Salmo salar)) in the United States. ADDRESSES: Requests for a copy of the Status Review should be addressed to Marcia Hobbs, NMFS, Northeast Regional Office, Protected Resources Division, One Blackburn Drive Gloucester, MA 01930. A copy of the Status Review can also be downloaded from the following web address: http:// E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55430-55431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8075]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-875]


Non-Malleable Cast Iron Pipe Fittings from the People's Republic 
of China: Notice of Partial Rescission of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 31, 2006, the Department of Commerce (``the 
Department'') initiated the third administrative review of the 
antidumping duty order on non-malleable cast iron pipe fittings from 
the People's Republic of China (``PRC'') covering the period April 1, 
2005, through March 31, 2006. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 71 FR 30864 (May 31, 2006) (``Initiation Notice''). On July 
25, 2006, the review request was withdrawn with respect to two parties. 
Therefore, the Department is partially rescinding the administrative 
review of sales of non-malleable cast iron pipe fittings with respect 
to the entities for whom the review requests have been withdrawn.

EFFECTIVE DATE: September 22, 2006.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Room 4416, Washington, DC 20230; telephone: 
(202) 482-4340.

SUPPLEMENTARY INFORMATION:

Background

    On April 3, 2006, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
non-malleable cast iron pipe fittings from the PRC for the period April 
1, 2005 through March 31, 2006. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 71 FR 16549 (April 3, 2006). On April 21, 2006, 
Myland Industrial Co., Ltd. (``Myland'') and Buxin Myland (Foundry) 
Ltd. (``Buxin'') requested an administrative review of their sales to 
the United States during the period of review (``POR'') of merchandise 
produced by Buxin and exported by Myland. On April 28, 2006, Ward 
Manufacturing, Inc. (``Ward''), a domestic producer of non-malleable 
cast iron pipe fittings, requested an administrative review of the 
sales to the United States during the POR of merchandise produced and/
or exported by Jinan Meide Corporation (``JMC'') and SFTEC. Pursuant to 
these requests, the Department initiated an administrative review of 
the antidumping duty order on non-malleable cast iron pipe fittings 
from the PRC. See Initiation Notice. On July 25, 2006, Ward timely 
withdrew its request for an administrative review of non-malleable cast 
iron pipe fittings from the PRC regarding merchandise produced and/or 
exported by JMC and SFTEC.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if a party that requested a 
review withdraws the request within 90 days of the date of publication 
of the notice of initiation. In this case, Ward withdrew its request 
for an administrative review of JMC and SFTEC within 90 days from the 
date of initiation. No other interested party requested a review of JMC 
and SFTEC. Therefore, the Department is rescinding this review with 
respect to JMC and SFTEC, in accordance with 19 CFR 351.213(d)(1). The 
review will continue with respect to Myland and Buxin.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries for 
JMC and SFTEC. Antidumping duties shall be assessed at rates equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department will issue appropriate 
assessment instructions directly to CBP within 15

[[Page 55431]]

days of publication of this notice in the Federal Register.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's assumption that 
reimbursement of antidumping duties occurred and subsequent assessment 
of double antidumping duties.

Notification Regarding Administrative Protective Orders (``APOs'')

    This notice also serves as a reminder to parties subject to APOs of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under an APO in accordance with 19 
CFR 351.305, which continues to govern business proprietary information 
in this segment of the proceeding. Timely written notification of the 
return/destruction of APO materials 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 
sanction.
    This notice is in accordance with section 777(i)(1) of the Tariff 
Act of 1930, as amended, and 19 CFR 351.213(d)(4) of the Department's 
regulations.

    Dated: September 11, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 06-8075 Filed 9-21-06; 8:45 am]
BILLING CODE 3510-DS-S