Implementation of the Findings of the WTO Panel in United States Antidumping Measure on Shrimp from Ecuador: Notice of Determination Under section 129 of the Uruguay Round Agreements Act and Revocation of the Antidumping Duty Order on Frozen Warmwater Shrimp from Ecuador, 48257-48258 [E7-16686]

Download as PDF Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 / Notices limited number of copies of the FONSI are available to fill single copy requests at the above address. Basic data developed during the environmental assessment are on file and may be reviewed by contacting Harold L. Deckerd, Assistant State Conservationist (WR) at (573) 876–0912. No administrative action on implementation of the proposal will be taken until 30 days after the date of this publication in the Federal Register. Roger A. Hansen, State Conservationist. (This activity is listed in the Catalog of Federal Domestic Assistance under NO.10.904, Watershed Protection and Flood Prevention, and is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with state and local officials.) [FR Doc. E7–16703 Filed 8–22–07; 8:45 am] BILLING CODE 3410–16–P DEPARTMENT OF COMMERCE International Trade Administration Dated: August 16, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–16690 Filed 8–22–07; 8:45 am] (A–533–845) Glycine from India: Postponement of Preliminary Determination of Antidumping Duty Investigation Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 23, 2007. FOR FURTHER INFORMATION CONTACT: George Callen or Kristen Case, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0180 and (202) 482–3174, respectively. SUPPLEMENTARY INFORMATION: ebenthall on PRODPC61 with NOTICES AGENCY: Postponement of Preliminary Determination On April 19, 2007, the Department of Commerce (the Department) initiated the antidumping duty investigations of Glycine from India, Japan, and the Republic of Korea. See Glycine from India, Japan, and the Republic of Korea: Initiation of Antidumping Duty Investigations, 72 FR 20816 (April 26, 2007). The notice of initiation stated that the Department would issue its preliminary determinations for these investigations no later than 140 days after the date of issuance of the initiation (i.e., September 6, 2007), in accordance with section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act). VerDate Aug<31>2005 15:04 Aug 22, 2007 Jkt 211001 On August 10, 2007, the petitioner, Geo Speciality Chemicals, Inc., made a timely request pursuant to 19 CFR 351.205(e) for a postponement of the preliminary determination with respect to India. The petitioner requested postponement of the preliminary determination in order to allow the Department additional time to determine whether the two mandatory respondents will supply complete responses and participate fully in the investigation. For the reason identified by the petitioner and because there are no compelling reasons to deny the request, the Department is postponing the deadline for the preliminary determination with respect to India under section 733(c)(1)(A) of the Act by 50 days to October 26, 2007. The deadline for the final determination will continue to be 75 days after the date of the preliminary determination, unless extended. This notice is issued and published pursuant to sections 733(c)(2) of the Act and 19 CFR 351.205(f)(1). BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–331–802 Implementation of the Findings of the WTO Panel in United States Antidumping Measure on Shrimp from Ecuador: Notice of Determination Under section 129 of the Uruguay Round Agreements Act and Revocation of the Antidumping Duty Order on Frozen Warmwater Shrimp from Ecuador Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 15, 2007, the U.S. Trade Representative instructed the Department of Commerce (the Department) to implement its determination under section 129 of the Uruguay Round Agreements Act (URAA) regarding the investigation of frozen warmwater shrimp from Ecuador. The Department issued its determination on July 26, 2007, regarding the offsetting of dumped sales with non–dumped sales when making average–to-average comparisons of export price and normal value in the AGENCY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 48257 investigation challenged by Ecuador before the World Trade Organization. The Department is now implementing this determination. DATES: The effective date of this determination is August 15, 2007. FOR FURTHER INFORMATION CONTACT: David Goldberger or Irene Darzenta Tzafolias, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–4136, or (202) 482–0922, respectively. SUPPLEMENTARY INFORMATION: Background On May 21, 2007, the Department advised interested parties that it was initiating a proceeding under section 129 of the URAA to issue a determination that would implement the findings of the World Trade Organization (WTO) dispute settlement panel in United States - Antidumping Measure on Shrimp from Ecuador, WT/ DS335/R (January 30, 2007) (Panel Report). On May 31, 2007, the Department issued its preliminary results, in which it recalculated the weighted–average dumping margins from the antidumping investigation of frozen warmwater shrimp from Ecuador1 by applying the calculation methodology described in Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin During an Antidumping Investigation; Final Modification; see 71 FR 77722 (December 27, 2006). The Department also invited interested parties to comment on the preliminary results. After receiving comments and rebuttal comments from the interested parties, the Department issued its final results for the section 129 determination on July 26, 2007. On August 9, 10 and 13, 2007, consistent with section 129(b)(3) of the URAA, the U.S. Trade Representative held consultations with the Department and the appropriate congressional committees with respect to this determination. On August 15, 2007, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative directed the Department to implement this determination. 1 See Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from Ecuador, 69 FR 79613 (December 23, 2004), and accompanying Issues and Decision Memorandum; and Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from Ecuador, 70 FR 5156 (February 1, 2005). E:\FR\FM\23AUN1.SGM 23AUN1 48258 Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 / Notices ebenthall on PRODPC61 with NOTICES Nature of the Proceedings Section 129 of the URAA governs the nature and effect of determinations issued by the Department to implement findings by WTO dispute settlement panels and the Appellate Body. Specifically, section 129(b)(2) provides that ‘‘notwithstanding any provision of the Tariff Act of 1930,’’ within 180 days of a written request from the U.S. Trade Representative, the Department shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body. See 19 USC 3538(b)(2). The Statement of Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) (SAA), variously refers to such a determination by the Department as a ‘‘new,’’ ‘‘second,’’ and ‘‘different’’ determination. See SAA at 1025, 1027. After consulting with the Department and the appropriate congressional committees, the U.S. Trade Representative may direct the Department to implement, in whole or in part, the new determination made under section 129. See 19 USC 3538(b)(4). Pursuant to section 129(c), the new determination shall apply with respect to unliquidated entries of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the date on which the U.S. Trade Representative directs the Department to implement the new determination. See 19 USC 3538(c). The new determination is subject to judicial review separate and apart from judicial review of the Department’s original determination. See 19 USC 1516a(a)(2)(B)(vii). Analysis of Comments Received The issues raised in the case and rebuttal briefs submitted by interested parties to this proceeding are addressed in the Issues and Decision Memorandum for the Final Results of Proceeding Under Section 129 of the Uruguay Round Agreements Act (URAA): Antidumping Measures on Frozen Warmwater Shrimp from Ecuador from Stephen J. Claeys to David M. Spooner, dated July 26, 2007 (Issues and Decision Memorandum), which is hereby adopted by this notice. The Issues and Decision Memorandum is on file in the Central Records Unit (CRU), room B–099 of the Department of Commerce main building and can be accessed directly at http:// ia.ita.doc.gov/download/section129/ ecuador–shrimplsec129–final– 072607.pdf . The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. A list of the issues addressed in VerDate Aug<31>2005 15:04 Aug 22, 2007 Jkt 211001 the Issues and Decision Memorandum is appended to this notice. DEPARTMENT OF COMMERCE International Trade Administration Final Antidumping Margins The recalculated margins, unchanged from the preliminary results, are as follows: • The margin for Exporklore, S.A., decreases from 2.48 percent to zero. • The margin for Promarisco, S.A. decreases from 4.42 percent to de minimis. • Expalsa, S.A. was excluded from the order and that does not change as a result of this proceeding. • Because there are no above de minimis margins remaining, the all– others rate is based on a simple average of the zero and de minimis margins. Therefore, the all–others rate changes from 3.58 percent to de minimis. • As a result of the recalculations, all of the margins are either zero or de minimis. Accordingly, we are now revoking this order effective August 15, 2007 (the effective date). Revocation of the Antidumping Duty Order On August 15, 2007, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative, after consulting with the Department and Congress, directed the Department to implement this determination. We will instruct U.S. Customs and Border Protection to liquidate without regard to antidumping duties entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after August 15, 2007 (the effective date), and to discontinue collection of cash deposits of antidumping duties. This determination is issued and published in accordance with section 129(c)(2)(A) of the URAA. Dated: August 17, 2007. David M. Spooner, Assistant Secretaryfor Import Administration. Appendix I Issued Raised in the Issues and Decision Memorandum North Carolina State University; Notice of Decision on Application for Duty– Free Entry of Scientific Instrument This decision is pursuant to section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L.106–36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5 p.m. in Room 2104, U.S. Department of Commerce, 14th and Constitution Ave, NW., Washington, DC. Comments: None received. Decision: Approved. Potential domestic manufacturers declined to bid on producing the scientific instrument. No domestic instrument of equivalent scientific value to the foreign instruments described below, for such purposes as each is intended to be used, was being manufactured in the United States at the time of its order. Docket Number: 07–001. Applicant: North Carolina State University. Instrument: Cryogen–Free Magnetic System. Manufacturer: Cryogenic Limited, UK. Intended Use: See notice at 71 FR 4895, January 30, 2006 (Comparable case). Reasons: The foreign instrument, the first of its kind, provides complete superconducting magnet operation in a cryogen–free mode using a dilution refrigerator and a persistent superconducting switch which provides long–term magnetic field stability of at least 1 ppm/hr and can maintain the sample in the millikelvin range. Domestic magnets operating in cryogen– free mode do not provide long term field stability better than 10ppm/hr, nor do they offer a devoted cryo–cooler and cryogen–free dewar, thus providing a room temperature bore. Three potential domestic manufacturers of similar equipment declined to bid. Dated: August 20, 2007. Faye Robinson, Director, Statutory Import Programs Staff Import Administration. [FR Doc. E7–16692 Filed 8–22–07; 8:45 am] BILLING CODE 3510–DS–S Comment 1: Whether the Department Has Authority to, and Should, Issue a Determination Pursuant to section 129 of the URAA Comment 2: Whether the Preliminary Results Are Consistent with U.S. Law Comment 3: Calculation Methodology Comment 4: Scope of the Proceeding DEPARTMENT OF COMMERCE [FR Doc. E7–16686 Filed 8–22–07; 8:45 am] This is a decision consolidated pursuant to Section 6(c) of the Educational, BILLING CODE 3510–DS–S PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 International Trade Administration University of Georgia, et al.; Notice of Consolidated Decision on Applications for Duty–Free Entry of Electron Microscopes E:\FR\FM\23AUN1.SGM 23AUN1

Agencies

[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Notices]
[Pages 48257-48258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16686]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-331-802


Implementation of the Findings of the WTO Panel in United States 
Antidumping Measure on Shrimp from Ecuador: Notice of Determination 
Under section 129 of the Uruguay Round Agreements Act and Revocation of 
the Antidumping Duty Order on Frozen Warmwater Shrimp from Ecuador

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 15, 2007, the U.S. Trade Representative instructed 
the Department of Commerce (the Department) to implement its 
determination under section 129 of the Uruguay Round Agreements Act 
(URAA) regarding the investigation of frozen warmwater shrimp from 
Ecuador. The Department issued its determination on July 26, 2007, 
regarding the offsetting of dumped sales with non-dumped sales when 
making average-to-average comparisons of export price and normal value 
in the investigation challenged by Ecuador before the World Trade 
Organization. The Department is now implementing this determination.

DATES: The effective date of this determination is August 15, 2007.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Irene Darzenta 
Tzafolias, AD/CVD Operations, Office 2, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14\th\ 
Street and Constitution Ave., NW., Washington, DC 20230; telephone: 
(202) 482-4136, or (202) 482-0922, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 21, 2007, the Department advised interested parties that it 
was initiating a proceeding under section 129 of the URAA to issue a 
determination that would implement the findings of the World Trade 
Organization (WTO) dispute settlement panel in United States - 
Antidumping Measure on Shrimp from Ecuador, WT/DS335/R (January 30, 
2007) (Panel Report). On May 31, 2007, the Department issued its 
preliminary results, in which it recalculated the weighted-average 
dumping margins from the antidumping investigation of frozen warmwater 
shrimp from Ecuador\1\ by applying the calculation methodology 
described in Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin During an Antidumping Investigation; Final 
Modification; see 71 FR 77722 (December 27, 2006). The Department also 
invited interested parties to comment on the preliminary results. After 
receiving comments and rebuttal comments from the interested parties, 
the Department issued its final results for the section 129 
determination on July 26, 2007.
---------------------------------------------------------------------------

    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Frozen and Canned Warmwater Shrimp from Ecuador, 69 
FR 79613 (December 23, 2004), and accompanying Issues and Decision 
Memorandum; and Notice of Amended Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Certain Frozen 
Warmwater Shrimp from Ecuador, 70 FR 5156 (February 1, 2005).
---------------------------------------------------------------------------

    On August 9, 10 and 13, 2007, consistent with section 129(b)(3) of 
the URAA, the U.S. Trade Representative held consultations with the 
Department and the appropriate congressional committees with respect to 
this determination. On August 15, 2007, in accordance with sections 
129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative 
directed the Department to implement this determination.

[[Page 48258]]

Nature of the Proceedings

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) provides that ``notwithstanding any provision of the Tariff 
Act of 1930,'' within 180 days of a written request from the U.S. Trade 
Representative, the Department shall issue a determination that would 
render its actions not inconsistent with an adverse finding of a WTO 
panel or the Appellate Body. See 19 USC 3538(b)(2). The Statement of 
Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) 
(SAA), variously refers to such a determination by the Department as a 
``new,'' ``second,'' and ``different'' determination. See SAA at 1025, 
1027. After consulting with the Department and the appropriate 
congressional committees, the U.S. Trade Representative may direct the 
Department to implement, in whole or in part, the new determination 
made under section 129. See 19 USC 3538(b)(4). Pursuant to section 
129(c), the new determination shall apply with respect to unliquidated 
entries of the subject merchandise that are entered, or withdrawn from 
warehouse, for consumption on or after the date on which the U.S. Trade 
Representative directs the Department to implement the new 
determination. See 19 USC 3538(c). The new determination is subject to 
judicial review separate and apart from judicial review of the 
Department's original determination. See 19 USC 1516a(a)(2)(B)(vii).

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
interested parties to this proceeding are addressed in the Issues and 
Decision Memorandum for the Final Results of Proceeding Under Section 
129 of the Uruguay Round Agreements Act (URAA): Antidumping Measures on 
Frozen Warmwater Shrimp from Ecuador from Stephen J. Claeys to David M. 
Spooner, dated July 26, 2007 (Issues and Decision Memorandum), which is 
hereby adopted by this notice. The Issues and Decision Memorandum is on 
file in the Central Records Unit (CRU), room B-099 of the Department of 
Commerce main building and can be accessed directly at http://
ia.ita.doc.gov/download/section129/ecuador-shrimp_sec129-final-
072607.pdf . The paper copy and electronic version of the Issues and 
Decision Memorandum are identical in content. A list of the issues 
addressed in the Issues and Decision Memorandum is appended to this 
notice.

Final Antidumping Margins

    The recalculated margins, unchanged from the preliminary results, 
are as follows:
     The margin for Exporklore, S.A., decreases from 2.48 
percent to zero.
     The margin for Promarisco, S.A. decreases from 4.42 
percent to de minimis.
     Expalsa, S.A. was excluded from the order and that does 
not change as a result of this proceeding.
     Because there are no above de minimis margins remaining, 
the all-others rate is based on a simple average of the zero and de 
minimis margins. Therefore, the all-others rate changes from 3.58 
percent to de minimis.
     As a result of the recalculations, all of the margins are 
either zero or de minimis. Accordingly, we are now revoking this order 
effective August 15, 2007 (the effective date).

Revocation of the Antidumping Duty Order

    On August 15, 2007, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA, the U.S. Trade Representative, after 
consulting with the Department and Congress, directed the Department to 
implement this determination. We will instruct U.S. Customs and Border 
Protection to liquidate without regard to antidumping duties entries of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after August 15, 2007 (the effective date), and to 
discontinue collection of cash deposits of antidumping duties.
    This determination is issued and published in accordance with 
section 129(c)(2)(A) of the URAA.

    Dated: August 17, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix I

Issued Raised in the Issues and Decision Memorandum
Comment 1: Whether the Department Has Authority to, and Should, Issue a 
Determination Pursuant to section 129 of the URAA
Comment 2: Whether the Preliminary Results Are Consistent with U.S. Law
Comment 3: Calculation Methodology
Comment 4: Scope of the Proceeding
[FR Doc. E7-16686 Filed 8-22-07; 8:45 am]
BILLING CODE 3510-DS-S