Export Trade Certificate of Review, 73323-73324 [E7-25104]
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Federal Register / Vol. 72, No. 247 / Thursday, December 27, 2007 / Notices
quantity by weight respectively
indicated: 1.80 percent of manganese, or
2.25 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.15 percent vanadium, or
0.15 percent of zirconium. The
description of carbon-quality is
intended to identify carbon-quality
products within the scope. The welded
carbon-quality rectangular pipe and
tube subject to this investigation is
currently classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings
7306.61.50.00 and 7306.61.70.60. While
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
investigation is dispositive.
Analysis of Alleged Significant
Ministerial Error
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ With respect to
preliminary determinations, 19 CFR
351.224(e) provides that the Department
‘‘will analyze any comments received
and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination * * *’’ A significant
ministerial error is defined as an error,
the correction of which, singly or in
combination with other errors, would
result in (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the
countervailable subsidy rate calculated
in the original (erroneous) preliminary
determination; or (2) a difference
between a countervailable subsidy rate
of zero (or de minimis) and a
countervailable subsidy rate of greater
than de minimis or vice versa. See 19
CFR 351.224(g). We have determined
that the Preliminary Determination
contained a ‘‘significant’’ ministerial
error with respect to ZZPC. See
Memorandum to Susan Kuhbach,
Director, Office 1, AD/CVD Operations,
entitled, ‘‘Ministerial Error Allegation’’
(December 19, 2007) for the analysis
performed. This memorandum is on file
in the Department’s Central Records
Unit in Room B–099 of the main
Department building.
Amended Preliminary Determination
Because the error alleged by ZZPC
regarding the countervailable subsidy
rate calculation for ZZPC was
significant, we have amended the
preliminary countervailing duty rate
calculation for ZZPC, pursuant to 19
CFR 351.224(e). In addition, the
correction to ZZPC’s rate also affects the
rates established for Qingdao Xiangxing
Steel Pipe Co. (‘‘Qingdao’’) and the allothers rate. The preliminary net
countervailable subsidy rate for
Kunshan Lets Win Steel Machinery Co.,
Ltd. (‘‘Lets Win’’) remains unchanged
from the Preliminary Determination at
0.27 percent. As a result of corrections
of ministerial errors, the amended
preliminary net countervailable subsidy
rates are as follows:
Original
subsidy rate
Exporter/manufacturer
Kunshan Lets Win Steel Machinery Co., Ltd ..............................................................................................
Qingdao Xiangxing Steel Pipe Co ...............................................................................................................
Zhangjiagang Zhongyuan Pipe-making Co., Ltd., Jiangsu Qiyuan Group Co, Ltd ....................................
All Others .....................................................................................................................................................
mstockstill on PROD1PC66 with NOTICES
Suspension of Liquidation
The collection of bonds or cash
deposits and suspension of liquidation
will be revised, in accordance with
section 703(d) and (f) of the Act.
Specifically, we will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to continue to suspend liquidation of all
entries of LWRP from the PRC on or
after the date of publication of this
notice in the Federal Register. However,
neither the suspension of liquidation
nor the requirement for a cash deposit
or bond will apply to merchandise
produced and exported by Lets Win or
ZZPC because the Department has
preliminarily determined that Lets Win
and ZZPC received de minimis
subsidies.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we have notified the U.S.
International Trade Commission (‘‘ITC’’)
of our amended affirmative preliminary
determination. If our final
countervailing duty determination is
affirmative, the ITC will determine
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18:00 Dec 26, 2007
Jkt 214001
whether the imports covered by that
determination are materially injuring, or
threatening material injury to, the U.S.
industry.
This determination is issued and
published pursuant to sections 703(f)
and 777(i)(1) of the Act.
Dated: December 19, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–25083 Filed 12–26–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
International Trade
Administration, Commerce.
ACTION: Notice of Issuance of an Export
Trade Certificate of Review, Application
No. 07–00003.
AGENCY:
SUMMARY: On December 19, 2007, the
U.S. Department of Commerce issued an
Export Trade Certificate of Review to
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Fmt 4703
Sfmt 4703
73323
0.27
77.85
2.99
2.99
Amended subsidy rate
0.27.
45.6 percent.
0.90 percent.
15.59 percent.
Global Express Trading, LLC (‘‘GET’’).
This notice summarizes the conduct for
which certification has been granted.
FOR FURTHER INFORMATION CONTACT:
Jeffrey C. Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number), or by E-mail at
oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR Part 325
(2006).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
to 15 CFR 325.6(b), which requires the
U.S. Department of Commerce to
publish a summary of the certification
in the Federal Register. Under Section
305(a) of the Act and 15 CFR 325.11(a),
any person aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
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73324
Federal Register / Vol. 72, No. 247 / Thursday, December 27, 2007 / Notices
United States to set aside the
determination on the ground that the
determination is erroneous.
Description of Certified Conduct
Export Trade
1. Products
All products.
2. Services
All services.
3. Technology Rights
Technology rights, including, but not
limited to, patents, trademarks,
copyrights, and trade secrets, that relate
to Products and Services.
4. Export Trade Facilitation Services (as
They Relate to the Export of Products,
Services, and Technology Rights)
Export Trade Facilitation Services,
including, but not limited to,
professional services in the areas of
government relations and assistance
with state and federal programs; foreign
trade and business protocol; consulting;
market research and analysis; collection
of information on trade opportunities;
marketing; negotiations; joint ventures;
shipping; export management; export
licensing; advertising; documentation
and services related to compliance with
customs requirements; insurance and
financing; trade show exhibitions;
organizational development;
management and labor strategies;
transfer of technology; transportation
services; and facilitating the formation
of shippers’ associations.
Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern
Mariana Islands, and the Trust Territory
of the Pacific Islands).
mstockstill on PROD1PC66 with NOTICES
Export Trade Activities and Methods of
Operation
1. With respect to the sales of
Products and Services, licensing of
Technology Rights and provisions of
Export Trade Facilitation Services, GET,
subject to the terms and conditions
listed below, may:
a. Provide and/or arrange for the
provisions of Export Trade Facilitation
Services;
b. Engage in promotional and
marketing activities and collect
information on trade opportunities in
the Export Markets and distribute such
information to clients;
VerDate Aug<31>2005
18:00 Dec 26, 2007
Jkt 214001
c. Enter into exclusive and/or nonexclusive licensing and/or sales
agreements with Suppliers for the
export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or nonexclusive agreements with distributors
and/or sales representatives in Export
Markets;
e. Allocate export sales or divide
Export Markets among Suppliers for the
sale and/or licensing of Products,
Services, and/or Technology Rights;
f. Allocate export orders among
Suppliers;
g. Establish the price of Products,
Services, and/or Technology Rights for
sales and/or licensing in Export
Markets;
h. Negotiate, enter into, and/or
manage licensing agreements for the
export of Technology Rights; and
i. Enter into contracts for shipping.
2. GET may exchange information on
a one-to-one basis with individual
Suppliers regarding that Supplier’s
inventories and near-term production
schedules for the purpose of
determining the availability of products
for export and coordinating export with
distributors.
Terms and Conditions of Certificate
1. In engaging in Export Trade
Activities and Methods of Operations,
GET will not intentionally disclose,
directly or indirectly, to any Supplier
any information about any other
Supplier’s costs, production, capacity,
inventories, domestic prices, domestic
sales, or U.S. business plans, strategies,
or methods that is not already generally
available to the trade or public.
2. GET will comply with requests
made by the Secretary of Commerce on
behalf of the Secretary of Commerce or
the Attorney General for information or
documents relevant to conduct under
the Certificate. The Secretary of
Commerce will request such
information or documents when either
the Attorney General or the Secretary of
Commerce believes that the information
or documents are required to determine
that the Export Trade, Export Trade
Activities and Methods of Operation of
a person protected by this Certificate of
Review continue to comply with the
standard of Section 303(a) of the Act.
Definition
‘‘Supplier’’ means a person who
produces, provides, or sells Products,
Services, and/or Technology Rights.
actions and government criminal and
civil suits under U.S. federal and state
antitrust laws for the export conduct
specified in the Certificate and carried
out during its effective period in
compliance with its terms and
conditions.
Effective Period of Certificate
This Certificate continues in effect
from the effective date indicated below
until it is relinquished, modified, or
revoked as provided in the Act and the
Regulations.
Other Conduct
Nothing in this Certificate prohibits
GET from engaging in conduct not
specified in this Certificate, but such
conduct is subject to the normal
application of the antitrust laws.
Disclaimer
The issuance of this Certificate of
Review to GET by the Secretary of
Commerce with the concurrence of the
Attorney General under the provisions
of the Act does not constitute, explicitly
or implicitly, an endorsement or
opinion of the Secretary or the Attorney
General concerning either (a) the
viability or quality of the business plans
of GET or (b) the legality of such
business plans of GET under the laws of
the United States (other than as
provided in the Act) or under the laws
of any foreign country.
The application of this Certificate to
conduct in export trade where the U.S.
Government is the buyer or where the
U.S. Government bears more than half
the cost of the transaction is subject to
the limitations set forth in Section V.(D.)
of the ‘‘Guidelines for the Issuance of
Export Trade Certificates of Review
(Second Edition),’’ 50 FR 1786 (January
11, 1985).
A copy of the certificate will be kept
in the International Trade
Administration’s Freedom of
Information Records Inspection Facility,
Room 4100, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: December 19, 2007.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E7–25104 Filed 12–26–07; 8:45 am]
BILLING CODE 3510–DR–P
Protection Provided by Certificate
This Certificate protects GET and its
directors, officers, and employees acting
on its behalf, from private treble damage
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]]>Agencies
[Federal Register Volume 72, Number 247 (Thursday, December 27, 2007)]
[Notices]
[Pages 73323-73324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25104]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
AGENCY: International Trade Administration, Commerce.
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 07-00003.
-----------------------------------------------------------------------
SUMMARY: On December 19, 2007, the U.S. Department of Commerce issued
an Export Trade Certificate of Review to Global Express Trading, LLC
(``GET''). This notice summarizes the conduct for which certification
has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Export
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number), or by E-
mail at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of
Commerce to issue Export Trade Certificates of Review. The regulations
implementing Title III are found at 15 CFR Part 325 (2006).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR 325.6(b), which requires the U.S. Department of
Commerce to publish a summary of the certification in the Federal
Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any
person aggrieved by the Secretary's determination may, within 30 days
of the date of this notice, bring an action in any appropriate district
court of the
[[Page 73324]]
United States to set aside the determination on the ground that the
determination is erroneous.
Description of Certified Conduct
Export Trade
1. Products
All products.
2. Services
All services.
3. Technology Rights
Technology rights, including, but not limited to, patents,
trademarks, copyrights, and trade secrets, that relate to Products and
Services.
4. Export Trade Facilitation Services (as They Relate to the Export of
Products, Services, and Technology Rights)
Export Trade Facilitation Services, including, but not limited to,
professional services in the areas of government relations and
assistance with state and federal programs; foreign trade and business
protocol; consulting; market research and analysis; collection of
information on trade opportunities; marketing; negotiations; joint
ventures; shipping; export management; export licensing; advertising;
documentation and services related to compliance with customs
requirements; insurance and financing; trade show exhibitions;
organizational development; management and labor strategies; transfer
of technology; transportation services; and facilitating the formation
of shippers' associations.
Export Markets
The Export Markets include all parts of the world except the United
States (the fifty states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands).
Export Trade Activities and Methods of Operation
1. With respect to the sales of Products and Services, licensing of
Technology Rights and provisions of Export Trade Facilitation Services,
GET, subject to the terms and conditions listed below, may:
a. Provide and/or arrange for the provisions of Export Trade
Facilitation Services;
b. Engage in promotional and marketing activities and collect
information on trade opportunities in the Export Markets and distribute
such information to clients;
c. Enter into exclusive and/or non-exclusive licensing and/or sales
agreements with Suppliers for the export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or non-exclusive agreements with
distributors and/or sales representatives in Export Markets;
e. Allocate export sales or divide Export Markets among Suppliers
for the sale and/or licensing of Products, Services, and/or Technology
Rights;
f. Allocate export orders among Suppliers;
g. Establish the price of Products, Services, and/or Technology
Rights for sales and/or licensing in Export Markets;
h. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights; and
i. Enter into contracts for shipping.
2. GET may exchange information on a one-to-one basis with
individual Suppliers regarding that Supplier's inventories and near-
term production schedules for the purpose of determining the
availability of products for export and coordinating export with
distributors.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of
Operations, GET will not intentionally disclose, directly or
indirectly, to any Supplier any information about any other Supplier's
costs, production, capacity, inventories, domestic prices, domestic
sales, or U.S. business plans, strategies, or methods that is not
already generally available to the trade or public.
2. GET will comply with requests made by the Secretary of Commerce
on behalf of the Secretary of Commerce or the Attorney General for
information or documents relevant to conduct under the Certificate. The
Secretary of Commerce will request such information or documents when
either the Attorney General or the Secretary of Commerce believes that
the information or documents are required to determine that the Export
Trade, Export Trade Activities and Methods of Operation of a person
protected by this Certificate of Review continue to comply with the
standard of Section 303(a) of the Act.
Definition
``Supplier'' means a person who produces, provides, or sells
Products, Services, and/or Technology Rights.
Protection Provided by Certificate
This Certificate protects GET and its directors, officers, and
employees acting on its behalf, from private treble damage actions and
government criminal and civil suits under U.S. federal and state
antitrust laws for the export conduct specified in the Certificate and
carried out during its effective period in compliance with its terms
and conditions.
Effective Period of Certificate
This Certificate continues in effect from the effective date
indicated below until it is relinquished, modified, or revoked as
provided in the Act and the Regulations.
Other Conduct
Nothing in this Certificate prohibits GET from engaging in conduct
not specified in this Certificate, but such conduct is subject to the
normal application of the antitrust laws.
Disclaimer
The issuance of this Certificate of Review to GET by the Secretary
of Commerce with the concurrence of the Attorney General under the
provisions of the Act does not constitute, explicitly or implicitly, an
endorsement or opinion of the Secretary or the Attorney General
concerning either (a) the viability or quality of the business plans of
GET or (b) the legality of such business plans of GET under the laws of
the United States (other than as provided in the Act) or under the laws
of any foreign country.
The application of this Certificate to conduct in export trade
where the U.S. Government is the buyer or where the U.S. Government
bears more than half the cost of the transaction is subject to the
limitations set forth in Section V.(D.) of the ``Guidelines for the
Issuance of Export Trade Certificates of Review (Second Edition),'' 50
FR 1786 (January 11, 1985).
A copy of the certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4100, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: December 19, 2007.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E7-25104 Filed 12-26-07; 8:45 am]
BILLING CODE 3510-DR-P
