North Carolina State University; Notice of Decision on Application for Duty-Free Entry of Scientific Instrument, 48258 [E7-16692]
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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withdrawn from warehouse, for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 https://
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
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International Trade Administration
University of Georgia, et al.; Notice of
Consolidated Decision on Applications
for Duty–Free Entry of Electron
Microscopes
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Agencies
[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Notices]
[Page 48258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16692]
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DEPARTMENT OF COMMERCE
International Trade Administration
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, 14\th\ 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