Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order Pursuant to Court Decision: Lawn and Garden Steel Fence Posts from the People's Republic of China, 32835-32836 [E7-11522]
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Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / Notices
The meeting will be held at
the Hilton Springfield, 6550 Loisdale
Road, Springfield, Virginia 22150.
FOR FURTHER INFORMATION CONTACT:
Anne Bartholomew, Supplemental Food
Programs Division, Food and Nutrition
Service, Department of Agriculture,
(703) 305–2086.
SUPPLEMENTARY INFORMATION: The
Council will continue its study of the
Special Supplemental Nutrition
Program for Women, Infants and
Children, and the Commodity
Supplemental Food Program. The
agenda items will include a discussion
of general program issues. Meetings of
the Council are open to the public.
Members of the public may participate,
as time permits. Members of the public
may file written statements before or
after the meeting with Anne
Bartholomew, Supplemental Food
Programs Division, 3101 Park Center
Drive, Room 522, Alexandria, Virginia
22302. If members of the public need
special accommodations, please notify
Ms. Anita Cunningham by June 18,
2007, at (703) 305–0986, or by e-mail at
anita.cunningham@fns.usda.gov.
ADDRESSES:
Dated: May 31, 2007.
Roberto Salazar,
Administrator.
[FR Doc. E7–11485 Filed 6–13–07; 8:45 am]
Pacific Southwest Research Station, for
the Creeks project area.
Dated: June 8, 2007.
Elizabeth Norton,
Acting Forest Supervisor.
[FR Doc. 07–2935 Filed 6–13–07; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Notice of Lincoln County Resource
Advisory Committee Meeting
ACTION:
Forest Service, USDA.
Notice of meeting
SUMMARY: Pursuant to the authorities in
the Federal Advisory Committee Act
(Pub. L. 92–463) and under the Secure
Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 106–
393) and Kootenai National Forest’s
Lincoln County Resource Advisory
Committee will meet on Thursday, June
28, 2007 at 6 p.m. at the Forest
Supervisor’s Office in Libby, Montana
for a business meeting. The meeting is
open to the public.
DATES:
June 28, 2007
BILLING CODE 3410–30–P
Forest Supervisor’s Office,
1101 US Hwy 2 West, Libby, Montana
ADDRESSES:
DEPARTMENT OF AGRICULTURE
FOR FURTHER INFORMATION CONTACT:
Barbara Edgmon, Committee
Coordinator, Kootenai National Forest at
(406) 283–7764, or e-mail
bedgmon@fs.fed.us.
Forest Service
Lassen National Forest, CA, Creeks
Forest Health Recovery Project
Forest Service, USDA.
Cancellation of Notice of Intent.
AGENCY:
jlentini on PROD1PC65 with NOTICES
ACTION:
SUMMARY: This notice cancels the Notice
of Intent to prepare a Supplement to the
Environmental Impact Statement for the
Creeks Forest Health Recovery Project
on the Lassen National Forest,
published in the Federal Register on
December 7, 2006, (Volume 71, Number
235, page 70946).
ADDRESSES: Almanor District Ranger,
Lassen National Forest, P.O. Box 767,
Chester, CA 96020.
FOR FURTHER INFORMATION CONTACT: Rick
Atwell, Interdisciplinary Team Leader,
may be contacted by phone at (530)
258–2141.
SUPPLEMENTARY INFORMATION: A Notice
of Intent to prepare a Supplement to the
Environmental Impact Statement for the
Creeks Forest Health Recovery Project is
cancelled due to additional information
related to the California spotted owl
analysis, conducted in concert with
VerDate Aug<31>2005
17:53 Jun 13, 2007
Jkt 211001
Agenda
topics include: funding for fiscal year
2008, review of approved project
proposals, election of chair and cochair, and receiving public comment. If
the meeting date or location is changed,
notice will be posted in the local
newspapers, including the Daily
Interlake based in Kalispell, Montana.
SUPPLEMENTARY INFORMATION:
Dated: June 8, 2007.
Paul Bradford,
Forest Supervisor.
[FR Doc. 07–2936 Filed 6–13–07; 8:45 am]
BILLING CODE 3410–11–M
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DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–877)
Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order Pursuant to Court Decision:
Lawn and Garden Steel Fence Posts
from the People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 14, 2007.
SUMMARY: On September 22, 2005, the
United States Court of International
Trade (‘‘CIT’’) sustained the Final
Results of Redetermination Pursuant to
Remand, Hebei Metals & Minerals Imp.
& Exp. Corp. And Hebei Wuxin Metals
& Minerals Trading Co., Ltd. v. United
States (July 20, 2005) (‘‘Second Remand
Redetermination’’) made by the
Department of Commerce (‘‘the
Department’’) pursuant to the CIT’s
second remand of the final
determination of the less–than-fair–
value investigation of lawn and garden
steel fence posts from the People’s
Republic of China (‘‘PRC’’). See Hebei
Metals & Minerals Import & Export
Corporation and Hebei Wuxin Metals &
Minerals Trading Co., Ltd. v. United
States, Consol. Ct. No. 03–00442, Slip
Op. 05–126, (CIT September 22, 2005)
(‘‘Court Decision in Hebei Metals’’). As
there is now a final and conclusive
court decision in this case, the
Department is amending the final
determination and antidumping duty
order of this investigation.
FOR FURTHER INFORMATION CONTACT:
Jennifer Moats or Blanche Ziv, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–5047 or (202) 482–
4207, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Forest Service
AGENCY:
32835
Sfmt 4703
Background
On April 23, 2003, the Department
published in the Federal Register its
final determination in the above–
referenced investigation covering the
period October 1, 2001, through March
31, 2002. See Final Determination of
Sales at Less Than Fair Value: Lawn
and Garden Steel Fence Posts From the
People’s Republic of China, 68 FR 20373
(April 25, 2003) (‘‘Final
Determination’’). Following publication
of the Final Determination, Hebei
Metals & Minerals Import & Export
E:\FR\FM\14JNN1.SGM
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jlentini on PROD1PC65 with NOTICES
32836
Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / Notices
Corporation and Hebei Wuxin Metals &
Minerals Trading Co., Ltd. (collectively,
‘‘Hebei Metals’’) filed a lawsuit with the
CIT challenging the Department’s Final
Determination. Hebei Metals challenged
the surrogate coal value, the surrogate
steel–pallet value, and the exclusion of
certain items in the calculation of the
surrogate financial ratios. On September
11, 2003, the CIT issued on behalf of
Hebei Metals, an injunction enjoining
the Department from issuing
instructions to liquidate entries of lawn
and garden steel fence posts from the
PRC. See Hebei Metals & Minerals
Import & Export Corporation, et. al. v.
United States, Court No. 03–00442
(September 11, 2003).
On July 19, 2004, the CIT first
remanded this case to the Department to
address three aspects of the
Department’s antidumping duties
calculation in the Final Determination:
(1) the use of an Indian import price,
based on Indian Import Statistics, rather
than an Indian domestic price, based on
Tata Energy Research Institute’s Energy
Data Directory & Yearbook (‘‘Teri Data’’)
for the surrogate value for coal, (2) the
inclusion of a Swedish import value in
the surrogate value for steel–pallet
packing material, and (3) exclusion of
internal consumption from raw material
expenditures in the calculation of
surrogate ratios for selling, general, and
administrative (‘‘SG&A’’) expenses and
profit. See Hebei Metals &Minerals
Import & Export Corporation, et al. v.
United States, Slip Op. 04–88 (CIT July
19, 2004) (‘‘First Remand’’).
On October 20, 2004, the Department
issued the Final Results of
Redetermination Pursuant to Remand,
Hebei Metals & Minerals Imp. & Exp.
Corp. And Hebei Wuxin Metals &
Minerals Trading Co., Ltd. v. United
States (October 20, 2004) (‘‘First
Remand Redetermination’’) in the
above–referenced investigation pursuant
to the CIT’s remand order on July 19,
2004. In its redetermination the
Department (1) concluded that
substantial evidence indicated that the
use of the Indian import prices for the
surrogate value of coal yielded a more
accurate surrogate value than the
domestic coal value on the record; (2)
pursuant to the Court’s instructions,
excluded the Swedish import value
from the calculation of the surrogate
value for steel pallets; and (3) concluded
that substantial record evidence
demonstrated the significance of
internal consumption, and its removal
from the denominator increased the
accuracy of the ratios.
On March 10, 2005, the CIT issued a
second remand. See Hebei Metals &
Minerals Import & Export Corporation
VerDate Aug<31>2005
17:22 Jun 13, 2007
Jkt 211001
and Hebei Wuxin Metals & Minerals
Trading Co., Ltd. v. United States, Slip
Op. 05–32 (CIT March 10, 2005)
(‘‘Second Remand’’). In the Second
Remand, the CIT determined that (1) the
Department’s selection of a surrogate
coal value was arbitrary and
unsupported by substantial evidence
and, therefore, remanded this issue to
the Department for reconsideration; (2)
the Department had adequately
complied with the CIT’s instructions to
exclude a Swedish import value from
the calculation of the surrogate value for
steel pallets and, therefore, the issue
was no longer before the Court; and (3)
the Department provided a reasonable
explanation as to why it is not
appropriate to remove any amounts
from the numerators of the SG&A and
factory overhead surrogate financial
ratios and, therefore, sustained the
Department’s determination. Id.
On July 20, 2005, the Department
issued its Second Remand
Redetermination. In its second
redetermination, the Department
determined that the Teri Data, placed on
the record by Hebei Metals, was the best
source of data for the selection of a
surrogate value for coal in this
proceeding because it was complete and
comprehensive in that it covers all sales
of all types of coal made by Coal India
Limited and its subsidiaries and because
it was exclusive of duties and taxes. On
September 22, 2005, the CIT sustained
the Department’s Second Remand
Redetermination. See Court Decision in
Hebei Metals, Slip Op. 05–126. The
CIT’s final judgment was not in
harmony with the Department’s Final
Determination. No party appealed the
CIT’s decision. As there is now a final
and conclusive court decision in this
case, we are amending our Final
Determination.
Amended Final Determination
As the litigation in this case has
concluded, the Department is amending
the Final Determination. The revised
dumping margin in the amended final
determination is as follows:
Exporter
Margin
Hebei Metals & Minerals Import & Export
Corporation ...............
6.49 percent
The PRC–wide rate continues to be
15.61 percent as determined in the
Department’s Final Determination.
Within five business days of publication
of this notice, the Department will issue
instructions to U.S. Customs and Border
Protection (‘‘CBP’’) to revise the cash
deposit rates for the company listed
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
above, effective as of the publication
date of this notice. Because Hebei
Metals received a preliminary
injunction, we will also instruct CBP to
liquidate all entries, for which no
review was requested, at the new cash
deposit rate.
This notice is published in
accordance with sections 735(d) and
777(i) of the Tariff Act of 1930, as
amended.
Dated: June 8, 2007.
David M. Spooner,
Assistant Secretary for Import Administration
[FR Doc. E7–11522 Filed 6–13–07; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA69
Schedules for Atlantic Shark
Identification Workshops and
Protected Species Safe Handling,
Release, and Identification Workshops
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public workshops.
AGENCY:
SUMMARY: NMFS announces Atlantic
Shark Identification Workshops and
Protected Species Safe Handling,
Release, and Identification Workshops
to be held in July, August, and
September of 2007. Fishermen and
shark dealers are required to attend a
workshop to meet new regulatory
requirements and maintain valid
permits. The Atlantic Shark
Identification Workshops are mandatory
for all federally permitted Atlantic shark
dealers. The Protected Species Safe
Handling, Release, and Identification
Workshops are mandatory for vessel
owners and operators who use bottom
longline, pelagic longline, or gillnet
gear, and have also been issued shark or
swordfish limited access permits.
Additional free workshops will be held
throughout 2007.
DATES: The Atlantic Shark Identification
Workshop will be held July 12, August
9, and September 6, 2007.
The Protected Species Safe Handling,
Release, and Identification Workshop
will be held July 3, 10, 17, 25, August
1, 16, 30, and September 5, 11, 19, 2007.
See SUPPLEMENTARY INFORMATION for
further details.
ADDRESSES: The Atlantic Shark
Identification Workshop will be held in
E:\FR\FM\14JNN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Notices]
[Pages 32835-32836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11522]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-877)
Notice of Amended Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order Pursuant to Court Decision: Lawn and
Garden Steel Fence Posts from the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 14, 2007.
SUMMARY: On September 22, 2005, the United States Court of
International Trade (``CIT'') sustained the Final Results of
Redetermination Pursuant to Remand, Hebei Metals & Minerals Imp. & Exp.
Corp. And Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United
States (July 20, 2005) (``Second Remand Redetermination'') made by the
Department of Commerce (``the Department'') pursuant to the CIT's
second remand of the final determination of the less-than-fair-value
investigation of lawn and garden steel fence posts from the People's
Republic of China (``PRC''). See Hebei Metals & Minerals Import &
Export Corporation and Hebei Wuxin Metals & Minerals Trading Co., Ltd.
v. United States, Consol. Ct. No. 03-00442, Slip Op. 05-126, (CIT
September 22, 2005) (``Court Decision in Hebei Metals''). As there is
now a final and conclusive court decision in this case, the Department
is amending the final determination and antidumping duty order of this
investigation.
FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Blanche Ziv, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5047 or (202) 482-4207, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 23, 2003, the Department published in the Federal Register
its final determination in the above-referenced investigation covering
the period October 1, 2001, through March 31, 2002. See Final
Determination of Sales at Less Than Fair Value: Lawn and Garden Steel
Fence Posts From the People's Republic of China, 68 FR 20373 (April 25,
2003) (``Final Determination''). Following publication of the Final
Determination, Hebei Metals & Minerals Import & Export
[[Page 32836]]
Corporation and Hebei Wuxin Metals & Minerals Trading Co., Ltd.
(collectively, ``Hebei Metals'') filed a lawsuit with the CIT
challenging the Department's Final Determination. Hebei Metals
challenged the surrogate coal value, the surrogate steel-pallet value,
and the exclusion of certain items in the calculation of the surrogate
financial ratios. On September 11, 2003, the CIT issued on behalf of
Hebei Metals, an injunction enjoining the Department from issuing
instructions to liquidate entries of lawn and garden steel fence posts
from the PRC. See Hebei Metals & Minerals Import & Export Corporation,
et. al. v. United States, Court No. 03-00442 (September 11, 2003).
On July 19, 2004, the CIT first remanded this case to the
Department to address three aspects of the Department's antidumping
duties calculation in the Final Determination: (1) the use of an Indian
import price, based on Indian Import Statistics, rather than an Indian
domestic price, based on Tata Energy Research Institute's Energy Data
Directory & Yearbook (``Teri Data'') for the surrogate value for coal,
(2) the inclusion of a Swedish import value in the surrogate value for
steel-pallet packing material, and (3) exclusion of internal
consumption from raw material expenditures in the calculation of
surrogate ratios for selling, general, and administrative (``SG&A'')
expenses and profit. See Hebei Metals &Minerals Import & Export
Corporation, et al. v. United States, Slip Op. 04-88 (CIT July 19,
2004) (``First Remand'').
On October 20, 2004, the Department issued the Final Results of
Redetermination Pursuant to Remand, Hebei Metals & Minerals Imp. & Exp.
Corp. And Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United
States (October 20, 2004) (``First Remand Redetermination'') in the
above-referenced investigation pursuant to the CIT's remand order on
July 19, 2004. In its redetermination the Department (1) concluded that
substantial evidence indicated that the use of the Indian import prices
for the surrogate value of coal yielded a more accurate surrogate value
than the domestic coal value on the record; (2) pursuant to the Court's
instructions, excluded the Swedish import value from the calculation of
the surrogate value for steel pallets; and (3) concluded that
substantial record evidence demonstrated the significance of internal
consumption, and its removal from the denominator increased the
accuracy of the ratios.
On March 10, 2005, the CIT issued a second remand. See Hebei Metals
& Minerals Import & Export Corporation and Hebei Wuxin Metals &
Minerals Trading Co., Ltd. v. United States, Slip Op. 05-32 (CIT March
10, 2005) (``Second Remand''). In the Second Remand, the CIT determined
that (1) the Department's selection of a surrogate coal value was
arbitrary and unsupported by substantial evidence and, therefore,
remanded this issue to the Department for reconsideration; (2) the
Department had adequately complied with the CIT's instructions to
exclude a Swedish import value from the calculation of the surrogate
value for steel pallets and, therefore, the issue was no longer before
the Court; and (3) the Department provided a reasonable explanation as
to why it is not appropriate to remove any amounts from the numerators
of the SG&A and factory overhead surrogate financial ratios and,
therefore, sustained the Department's determination. Id.
On July 20, 2005, the Department issued its Second Remand
Redetermination. In its second redetermination, the Department
determined that the Teri Data, placed on the record by Hebei Metals,
was the best source of data for the selection of a surrogate value for
coal in this proceeding because it was complete and comprehensive in
that it covers all sales of all types of coal made by Coal India
Limited and its subsidiaries and because it was exclusive of duties and
taxes. On September 22, 2005, the CIT sustained the Department's Second
Remand Redetermination. See Court Decision in Hebei Metals, Slip Op.
05-126. The CIT's final judgment was not in harmony with the
Department's Final Determination. No party appealed the CIT's decision.
As there is now a final and conclusive court decision in this case, we
are amending our Final Determination.
Amended Final Determination
As the litigation in this case has concluded, the Department is
amending the Final Determination. The revised dumping margin in the
amended final determination is as follows:
------------------------------------------------------------------------
Exporter Margin
------------------------------------------------------------------------
Hebei Metals & Minerals Import & Export Corporation. 6.49 percent
------------------------------------------------------------------------
The PRC-wide rate continues to be 15.61 percent as determined in
the Department's Final Determination. Within five business days of
publication of this notice, the Department will issue instructions to
U.S. Customs and Border Protection (``CBP'') to revise the cash deposit
rates for the company listed above, effective as of the publication
date of this notice. Because Hebei Metals received a preliminary
injunction, we will also instruct CBP to liquidate all entries, for
which no review was requested, at the new cash deposit rate.
This notice is published in accordance with sections 735(d) and
777(i) of the Tariff Act of 1930, as amended.
Dated: June 8, 2007.
David M. Spooner,
Assistant Secretary for Import Administration
[FR Doc. E7-11522 Filed 6-13-07; 8:45 am]
BILLING CODE 3510-DS-S
