Implementation of the Findings of the WTO Panel in US-Zeroing (EC); Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils From Italy, 54640-54642 [E7-18991]

Download as PDF 54640 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices arriving for the meeting, please enter the South Agriculture Building through the Second Wing entrance on C Street, SW. For Further Information About the 39th Session of the CCFH Contact: Rebecca Buckner, Alternate to the U.S. Delegate to the CCFH, FDA, Center for Food Safety and Applied Nutrition, Harvey W. Wiley Federal Building, 5100 Paint Branch Parkway, College Park, MD 20740–3835, Phone: (301) 436–1486, Fax: (301) 436–2632. E-mail: Rebecca.Buckner@fda.hhs.gov. For Further Information About the Public Meeting Contact: Amjad Ali, International Issues Analyst, U.S. Codex Office, Food Safety and Inspection Service, Room 4861, South Agriculture Building, 1400 Independence Avenue, SW., Washington, DC 20250, Phone: (202) 205–7760, Fax: (202) 720–3157. SUPPLEMENTARY INFORMATION: Background The Codex Alimentarius (Codex) was established in 1963 by two United Nations organizations, the Food and Agriculture Organization and the World Health Organization. Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to protect the health of consumers and ensure fair practices are used in trade. The Codex Committee on Food Hygiene was established to elaborate codes, standards and related texts for food hygiene. The Committee is hosted by the United States. mstockstill on PROD1PC66 with NOTICES Issues To Be Discussed at the Public Meeting The following items on the agenda for the 39th Session of the CCFH will be discussed during the public meeting: • Matters Referred to the Committee on Food Hygiene from the other Codex bodies. • Proposed Draft Code of Hygienic Practice for Powdered Formulae for Infants and Young Children. • Proposed Draft Guidelines for the Validation of Food Safety Control Measures. • Microbiological Criteria for Listeria monocytogenes in Ready-to-Eat Foods. • Discussion Paper on the Proposed Draft Guidelines for the Control of Campylobacter and Salmonella spp. in Broiler (Young Bird) Chicken Meat. • Principles and Guidelines for the Conduct of Microbiological Risk Management: Annex II: Guidance on Microbiological Risk Management Metrics. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 • Discussion of the Report of the Ad Hoc Working Group for Establishment of CCFH Work Priorities. Each issue listed will be fully described in documents distributed, or to be distributed, by the Secretariat prior to the meeting. Members of the public may access or request copies of these documents (see ADDRESSES). Public Meeting Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it online through the FSIS Web page located at https://www.fsis.usda.gov/regulations/ 2007_Notices_Index/. FSIS will also make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at https:// www.fsis.usda.gov/news_and_events/ email_subscription/. Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. Frm 00002 Fmt 4703 BILLING CODE 3410–DM–P DEPARTMENT OF COMMERCE International Trade Administration At the September 26, 2007, public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to the U.S. Delegate for the 39th Session of the CCFH, Dr. Robert Buchanan (see ADDRESSES). Written comments should state that they relate to activities of the 39th Session of the CCFH. PO 00000 Done at Washington, DC, on: September 24, 2007. F. Edward Scarbrough, U.S. Manager for Codex Alimentarius. [FR Doc. 07–4757 Filed 9–24–07; 12:06 pm] Sfmt 4703 [A–475–824] Implementation of the Findings of the WTO Panel in US-Zeroing (EC); Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils From Italy Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 31, 2007, the U.S. Trade Representative instructed the Department of Commerce (the Department) to implement the Department’s findings under section 129 of the Uruguay Round Agreements Act (URAA) regarding the offsetting of dumped sales with non-dumped sales in the above-referenced investigation involving average-to-average transactions. The Department issued its finding on August 20, 2007, for stainless steel sheet and strip in coils from Italy (Italy SSSS) for ThyssenKrupp Acciai Speciali Terni S.P.A. and ThyssenKrupp AST USA, Inc. (collectively ‘‘TKAST’’).1 The Department hereby implements that finding. DATES: The effective date of this determination is August 31, 2007. FOR FURTHER INFORMATION CONTACT: Daniel O’Brien, William Kovatch, or Michael Rill, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–1376, (202) 482–5052, or (202) 482– 3058, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 1 On April 30, 2007, the Department implemented the findings of the World Trade Organization (WTO) with respect to eleven investigations challenged by the European Communities. For the reasons detailed below, the final determination for stainless steel sheet and strip in coils from Italy was not included in the April 30, 2007, final determinations. See Implementation of the Findings of the WTO Panel in US-Zeroing (EC): Notice of Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007) (Implementation Notice). E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices Background On February 22, 2007, the Department initiated twelve proceedings under section 129 of the URAA to implement the WTO dispute settlement panel’s report in United States—Laws, Regulations and Methodology for Calculating Dumping Margins (‘‘Zeroing’’) (WT/DS294). See Implementation of the Findings of the WTO Panel in U.S. Zeroing (EC): Notice of Initiation of Proceedings Under Section 129 of the URAA; Opportunity to Request Administrative Protective Orders; and Proposed Timetable and Procedures, 72 FR 9306 (March 1, 2007). In each proceeding, the Department recalculated the weighted-average dumping margin, applying the calculation methodology described in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin During an Antidumping Investigation; Final Modification, 71 FR 77722 (December 27, 2006). On February 26, 2007, the Department issued its preliminary determinations and requested comments. See Memorandum from Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner, Assistant Secretary, Regarding Section 129 Determinations: Calculation of the Weighted-Average Margins dated February 26, 2007 (Preliminary Determination). TKAST, Allegheny Ludlum Corporation, Armco Inc., J&L Specialty Steel, Inc., Washington Steel Division of Bethlehem Steel Corporation, the United Steelworkers of America, AFL-CIO/CLC, the Butler Armco Independent Union, and the Zanesville Armco Independent Organization, Inc., (collectively, ‘‘petitioners’’) and the European Union submitted case briefs with respect to Italy SSSS. TKAST and petitioners submitted rebuttal briefs. In its comments to the Department, TKAST alleged clerical errors in the Department’s margin calculation in the less-than-fair-value investigation and Preliminary Determination. Because of these allegations, we placed the original less-than-fair-value investigation record onto the record of this 129 proceeding and invited interested parties to provide comments on computational errors that may have been present in the Department’s recalculation of the weighted-average dumping margin with respect to TKAST. See the Department’s Memo to the File from Angelica Mendoza, Program Manager, and Stephen Bailey, Case Analyst, through Richard Weible, Office Director, AD/ CVD Operations/OFC 7, to the File, titled Placement of Record from the Less-Than-Fair-Value Investigation onto VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 the Record of the Section 129 Determination, dated April 19, 2007. The Department also held two public hearings at the request of TKAST. Because of the two hearings, and the placement of the original less-than-fairvalue investigation record onto the record of this 129 proceeding, the Department was delayed in issuing its final determination with respect to Italy SSSS. On August 20, 2007, the Department issued its final results for the Section 129 Determination with respect to Italy SSSS. See the Department’s Memo to David M. Spooner, Assistant Secretary for Import Administration from Gary Taverman, Acting Deputy Assistant Secretary for Import Administration, titled Issues and Decision Memorandum for the Final Results of the Section 129 Determination, dated August 20, 2007 (Issues and Decision Memorandum). On August 28, 2007, TKAST submitted an allegation of ministerial errors and on August 31, 2007, petitioners filed their response to TKAST’s ministerial error submission. The Department intends to address all ministerial error comments in a subsequent memorandum. On August 24, and August 28, 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 31, 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. 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 U.S.C. 3538(b)(2). The Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Rep. No. 103–316, Vol. 1, 103d Cong. (1994) (SAA), reprinted in 1994 U.S.C.C.A.N. 4040, variously refers to such a determination by the Department as a ‘‘new,’’ ‘‘second,’’ and ‘‘different’’ determination. See SAA at 1025, 1027; 19 U.S.C.C.A.N. at 4313–14. After consulting with the Department and the PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 54641 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 U.S.C. 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 U.S.C. 3538(c). The new determination is subject to judicial review separate and apart from judicial review of the Department’s original determination. See 19 U.S.C. 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, 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/frn. 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 Dumping Margins The margin for TKAST decreases from 11.23 percent to 2.11 percent. The allothers rate changes from 11.23 percent to 2.11 percent. Cash Deposit and Continuation of the Suspension of Liquidation On August 31, 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. Therefore, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of subject merchandise from all exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all exporters of subject merchandise for whom the Department has not calculated an E:\FR\FM\26SEN1.SGM 26SEN1 54642 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices individual rate, which is 2.11 percent. The cash deposit rates will remain unchanged for those companies whose cash deposit rates since the original investigation have been superseded by administrative reviews. This Section 129 Determination is issued and published in accordance with section 129(c)(2)(A) of the URAA. See 19 U.S.C. 3538(c)(2)(A). Dated: September 20, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. Appendix I—Issues Raised in the Issues and Decision Memorandum Comment 1: Clerical Error Allegations. Comment 2: Whether the Department Has the Authority to Implement the WTO Appellate Body Decision. Comment 3: The Court of International Trade Remand. [FR Doc. E7–18991 Filed 9–25–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Federal Consistency Appeal by Mill River Pipeline, LLC National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (Commerce). ACTION: Notice of appeal. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: This announcement provides notice that Mill River Pipeline, LLC (Mill River) has filed an administrative appeal with the Department of Commerce asking that the Secretary override the Commonwealth of Massachusetts’ objection to Mill River’s proposed natural gas pipeline, which is part of a proposed liquefied natural gas terminal to be constructed in Fall River, Massachusetts. ADDRESSES: Materials from the appeal record will be available at the NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 and on the following Web site: https:// www.ogc.doc.gov/czma.htm. FOR FURTHER INFORMATION CONTACT: Brett Grosko, Attorney-Advisor, NOAA Office of General Counsel, 301–713– 7384. SUPPLEMENTARY INFORMATION: I. Notice of Appeal Mill River Pipeline, LLC (Mill River) filed a notice of appeal with the Secretary of Commerce pursuant to the Coastal Zone Management Act of 1972 VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 (CZMA), 16 U.S.C. 1451 et seq., and implementing regulations found at 15 CFR part 930, subpart H. Mill River appealed an objection raised by the Commonwealth of Massachusetts, relative to the proposed construction of a liquefied natural gas pipeline, which is part of a proposed liquefied natural gas terminal to be constructed in Fall River, Massachusetts. Under the CZMA, the Secretary may override Massachusetts’ objection on grounds that the project is consistent with the objectives or purposes of the CZMA, or necessary in the interest of national security. To make the determination that the proposed activity is ‘‘consistent with the objectives or purposes’’ of the CZMA, the Secretary must find that: (1) The proposed activity furthers the national interest as articulated in sections 302 or 303 of the CZMA, in a significant or substantial manner; (2) the adverse effects of the proposed activity do not outweigh its contribution to the national interest, when those effects are considered separately or cumulatively; and (3) no reasonable alternative is available that would permit the activity to be conducted in a manner consistent with the enforceable policies of Massachusetts’ coastal management program. 15 CFR 930.121. To make the determination that the proposed activity is ‘‘necessary in the interest of national security,’’ the Secretary must find that a national defense or other national security interest would be significantly impaired were the proposed activity not permitted to go forward as proposed. 15 CFR 930.122. II. Appeal Documents NOAA intends to provide the public with access to all publicly available materials and related documents comprising the appeal record during business hours, at the NOAA Office of General Counsel for Ocean Services. For additional information about this appeal contact Brett Grosko, 301–713– 7384. [Federal Domestic Assistance Catalog No. 11.419 Coastal Zone Management Program Assistance.] Dated: September 21, 2007. Joel La Bissonniere, Assistant General Counsel for Ocean Services. [FR Doc. E7–19047 Filed 9–25–07; 8:45 am] BILLING CODE 3510–08–P PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Federal Consistency Appeal by Weaver’s Cove Energy, LLC National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (Commerce). ACTION: Notice of appeal. AGENCY: SUMMARY: This announcement provides notice that Weaver’s Cove Energy, LLC (Weaver’s Cove) has filed an administrative appeal with the Department of Commerce asking that the Secretary override the Commonwealth of Massachusetts objection to Weaver’s Cove’s proposed liquefied natural gas terminal in Fall River, Massachusetts. ADDRESSES: Materials from the appeal record will be available at the NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 and on the following Web site: https:// www.ogc.doc.gov/czma.htm. FOR FURTHER INFORMATION CONTACT: Brett Grosko, Attorney-Advisor, NOAA Office of the General Counsel, 301–713– 7384. SUPPLEMENTARY INFORMATION: I. Notice of Appeal Weaver’s Cove Energy, LLC (Weaver’s Cove) filed a notice of appeal with the Secretary of Commerce pursuant to the Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 et seq., and implementing regulations found at 15 CFR part 930, subpart H. Weaver’s Cove appealed an objection raised by the Commonwealth of Massachusetts, relative to the proposed construction of a liquefied natural gas terminal in Fall River, Massachusetts. Under the CZMA, the Secretary may override Massachusetts’ objection on grounds that the project is consistent with the objectives or purposes of the CZMA, or necessary in the interest of national security. To make the determination that the proposed activity is ‘‘consistent with the objectives or purposes’’ of the CZMA, the Secretary must find that: (1) The proposed activity furthers the national interest as articulated in sections 302 or 303 of the CZMA, in a significant or substantial manner; (2) the adverse effects of the proposed activity do not outweigh its contribution to the national interest, when those effects are considered separately or cumulatively; and (3) no reasonable alternative is available that would permit the activity to be E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Notices]
[Pages 54640-54642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1]


=======================================================================
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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-824]


Implementation of the Findings of the WTO Panel in US-Zeroing 
(EC); Notice of Determination Under Section 129 of the Uruguay Round 
Agreements Act: Antidumping Duty Order on Stainless Steel Sheet and 
Strip in Coils From Italy

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 31, 2007, the U.S. Trade Representative instructed 
the Department of Commerce (the Department) to implement the 
Department's findings under section 129 of the Uruguay Round Agreements 
Act (URAA) regarding the offsetting of dumped sales with non-dumped 
sales in the above-referenced investigation involving average-to-
average transactions. The Department issued its finding on August 20, 
2007, for stainless steel sheet and strip in coils from Italy (Italy 
SSSS) for ThyssenKrupp Acciai Speciali Terni S.P.A. and ThyssenKrupp 
AST USA, Inc. (collectively ``TKAST'').\1\ The Department hereby 
implements that finding.
---------------------------------------------------------------------------

    \1\ On April 30, 2007, the Department implemented the findings 
of the World Trade Organization (WTO) with respect to eleven 
investigations challenged by the European Communities. For the 
reasons detailed below, the final determination for stainless steel 
sheet and strip in coils from Italy was not included in the April 
30, 2007, final determinations. See Implementation of the Findings 
of the WTO Panel in US-Zeroing (EC): Notice of Determinations Under 
Section 129 of the Uruguay Round Agreements Act and Revocations and 
Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 
(May 4, 2007) (Implementation Notice).

---------------------------------------------------------------------------
DATES: The effective date of this determination is August 31, 2007.

FOR FURTHER INFORMATION CONTACT: Daniel O'Brien, William Kovatch, or 
Michael Rill, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-
1376, (202) 482-5052, or (202) 482-3058, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 54641]]

Background

    On February 22, 2007, the Department initiated twelve proceedings 
under section 129 of the URAA to implement the WTO dispute settlement 
panel's report in United States--Laws, Regulations and Methodology for 
Calculating Dumping Margins (``Zeroing'') (WT/DS294). See 
Implementation of the Findings of the WTO Panel in U.S. Zeroing (EC): 
Notice of Initiation of Proceedings Under Section 129 of the URAA; 
Opportunity to Request Administrative Protective Orders; and Proposed 
Timetable and Procedures, 72 FR 9306 (March 1, 2007). In each 
proceeding, the Department recalculated the weighted-average dumping 
margin, applying the calculation methodology described in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin During 
an Antidumping Investigation; Final Modification, 71 FR 77722 (December 
27, 2006).
    On February 26, 2007, the Department issued its preliminary 
determinations and requested comments. See Memorandum from Stephen J. 
Claeys, Deputy Assistant Secretary, to David M. Spooner, Assistant 
Secretary, Regarding Section 129 Determinations: Calculation of the 
Weighted-Average Margins dated February 26, 2007 (Preliminary 
Determination). TKAST, Allegheny Ludlum Corporation, Armco Inc., J&L 
Specialty Steel, Inc., Washington Steel Division of Bethlehem Steel 
Corporation, the United Steelworkers of America, AFL-CIO/CLC, the 
Butler Armco Independent Union, and the Zanesville Armco Independent 
Organization, Inc., (collectively, ``petitioners'') and the European 
Union submitted case briefs with respect to Italy SSSS. TKAST and 
petitioners submitted rebuttal briefs. In its comments to the 
Department, TKAST alleged clerical errors in the Department's margin 
calculation in the less-than-fair-value investigation and Preliminary 
Determination. Because of these allegations, we placed the original 
less-than-fair-value investigation record onto the record of this 129 
proceeding and invited interested parties to provide comments on 
computational errors that may have been present in the Department's 
recalculation of the weighted-average dumping margin with respect to 
TKAST. See the Department's Memo to the File from Angelica Mendoza, 
Program Manager, and Stephen Bailey, Case Analyst, through Richard 
Weible, Office Director, AD/CVD Operations/OFC 7, to the File, titled 
Placement of Record from the Less-Than-Fair-Value Investigation onto 
the Record of the Section 129 Determination, dated April 19, 2007. The 
Department also held two public hearings at the request of TKAST. 
Because of the two hearings, and the placement of the original less-
than-fair-value investigation record onto the record of this 129 
proceeding, the Department was delayed in issuing its final 
determination with respect to Italy SSSS.
    On August 20, 2007, the Department issued its final results for the 
Section 129 Determination with respect to Italy SSSS. See the 
Department's Memo to David M. Spooner, Assistant Secretary for Import 
Administration from Gary Taverman, Acting Deputy Assistant Secretary 
for Import Administration, titled Issues and Decision Memorandum for 
the Final Results of the Section 129 Determination, dated August 20, 
2007 (Issues and Decision Memorandum). On August 28, 2007, TKAST 
submitted an allegation of ministerial errors and on August 31, 2007, 
petitioners filed their response to TKAST's ministerial error 
submission. The Department intends to address all ministerial error 
comments in a subsequent memorandum.
    On August 24, and August 28, 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 31, 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.

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 U.S.C. 3538(b)(2). The Statement of 
Administrative Action accompanying the Uruguay Round Agreements Act, 
H.R. Rep. No. 103-316, Vol. 1, 103d Cong. (1994) (SAA), reprinted in 
1994 U.S.C.C.A.N. 4040, variously refers to such a determination by the 
Department as a ``new,'' ``second,'' and ``different'' determination. 
See SAA at 1025, 1027; 19 U.S.C.C.A.N. at 4313-14. 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 U.S.C. 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 
U.S.C. 3538(c). The new determination is subject to judicial review 
separate and apart from judicial review of the Department's original 
determination. See 19 U.S.C. 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, 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/frn. 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 Dumping Margins

    The margin for TKAST decreases from 11.23 percent to 2.11 percent. 
The all-others rate changes from 11.23 percent to 2.11 percent.

Cash Deposit and Continuation of the Suspension of Liquidation

    On August 31, 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.
    Therefore, we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all entries of subject 
merchandise from all exporters or producers. CBP shall continue to 
require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price. The suspension of liquidation 
instructions will remain in effect until further notice. The Section 
129 Determination all-others rate will be the new cash deposit rate for 
all exporters of subject merchandise for whom the Department has not 
calculated an

[[Page 54642]]

individual rate, which is 2.11 percent. The cash deposit rates will 
remain unchanged for those companies whose cash deposit rates since the 
original investigation have been superseded by administrative reviews.
    This Section 129 Determination is issued and published in 
accordance with section 129(c)(2)(A) of the URAA. See 19 U.S.C. 
3538(c)(2)(A).

    Dated: September 20, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.

Appendix I--Issues Raised in the Issues and Decision Memorandum

Comment 1: Clerical Error Allegations.
Comment 2: Whether the Department Has the Authority to Implement the 
WTO Appellate Body Decision.
Comment 3: The Court of International Trade Remand.

[FR Doc. E7-18991 Filed 9-25-07; 8:45 am]
BILLING CODE 3510-DS-P

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