Steel Concrete Reinforcing Bars from Latvia: Rescission of Antidumping Duty Administrative Review, 11869-11870 [E8-4249]
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Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices
January 24, 2008, the CIT entered final
judgment and ordered the Department
to annul all duty absorption findings
with respect to Agro Dutch Industries,
Ltd. (Agro Dutch). As there is now a
Sinochem Jiangsu Wuxi Import
& Export Corporation (Wuxi)
32.22 final and conclusive court decision in
this case, the Department is amending
Shanghai Ai Jian Import & Exthe final results of the 2002–2003
port Corporation (Shanghai
AJ) .........................................
34.41 administrative review of certain
Guangdong Petroleum Chempreserved mushrooms from India.
ical Import and Export Trade
EFFECTIVE DATE: March 5, 2008.
(Guangdong Petroleum) .......
34.97
PRC-wide ..................................
119.02 FOR FURTHER INFORMATION CONTACT:
David Goldberger or Katherine Johnson,
AD/CVD Operations, Office 2, Import
This notice also serves as the only
Administration, International Trade
reminder to parties subject to
Administration, U.S. Department of
administrative protective orders
Commerce, 14th Street and Constitution
(‘‘APO’’) of their responsibility
Avenue, NW, Washington, DC, 20230;
concerning the return or destruction of
proprietary information disclosed under telephone (202) 482–4136 or (202) 482–
APO in accordance with section 351.305 4929, respectively.
of the Department’s regulations. Timely SUPPLEMENTARY INFORMATION:
notification of the return or destruction
Background
of APO materials or conversion to
On August 20, 2004, the Department
judicial protective order is hereby
published its final results of
requested. Failure to comply with the
administrative review, covering the
regulations and terms of an APO is a
period of review from February 1, 2002,
violation which is subject to sanction.
through January 31, 2003. See Certain
We are issuing and publishing the
Preserved Mushrooms From India: Final
results and notice in accordance with
Results of Antidumping Duty
sections 751(c), 752(c), and 777(i)(1) of
Administrative Review, 69 FR 51630,
the Act.
51631 (August 20, 2004) (Final Results),
Dated: February 28, 2008.
and accompanying Issues and Decision
Stephen J. Claeys,
Memorandum at Comment 5. In the
Acting Assistant Secretary for Import
Final Results, the Department
Administration.
determined that antidumping duties had
[FR Doc. E8–4243 Filed 3–4–08; 8:45 am]
been absorbed by the respondents in the
BILLING CODE 3510–DS–P
review, including Agro Dutch, on those
sales for which the respondent was the
importer of record, in accordance with
DEPARTMENT OF COMMERCE
section 751(a)(4) of the Act. In October
2004, Agro Dutch contested the
International Trade Administration
Department=s duty absorption finding,
[A–533–813]
along with several other findings made
in the Final Results, before the CIT. The
Certain Preserved Mushrooms from
CIT issued its decision, affirming the
India: Notice of Amended Final Results
Department’s finding of duty
Pursuant to Final Court Decision
absorption, in March 2006. See Agro
AGENCY: Import Administration,
Dutch Industries., Ltd. v. United States,
International Trade Administration,
Slip Op. 2006–40 (CIT March 28, 2006).
Agro Dutch appealed that decision to
Department of Commerce.
SUMMARY: On November 20, 2007, the
the CAFC. On November 20, 2007, the
Court of Appeals for the Federal Circuit CAFC reversed the CIT’s decision on the
(CAFC) reversed the decision of the
duty absorption issue. The CAFC held
Court of International Trade (CIT) which that the Department was not empowered
upheld the Department of Commerce’s
to conduct a duty absorption inquiry
(the Department) determination in the
under section 751(a)(4) of the Act with
2002–2003 administrative review of
respect to the sales made by Agro Dutch
certain preserved mushrooms from
on which it acted as the importer of
India to conduct a duty absorption
record because such sales were not
inquiry under section 751(a)(4) of the
made by Agro Dutch through an
Tariff Act of 1930, as amended (the Act), importer with whom it is affiliated. The
when the producer/exporter acts as its
CAFC held that because the term
own importer of record. See Agro Dutch ‘‘affiliated’’ is defined in the statute, the
Industries Ltd. v. United States, Slip Op. reference in section 751(a)(4) of the Act
2007–1011 (Fed. Cir. November 20,
that subject merchandise be sold
2007) (CAFC Decision). Pursuant to the
‘‘through an importer who is affiliated’’
CAFC’s decision and mandate, on
with the producer/exporter is
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(percent)
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11869
unambiguous -- i.e., the statutory
definition of ‘‘affiliated persons’’
requires the presence of two or more
entities and, therefore, Agro Dutch
cannot be ‘‘affiliated’’ with itself.
Pursuant to the CAFC’s decision and
mandate, on January 24, 2008, the CIT
entered final judgment and ordered the
Department to annul all duty absorption
findings and conclusions with respect to
Agro Dutch in the Final Results.
Because there is now a final and
conclusive court decision in this case,
the Department is amending the final
results of the 2002–2003 administrative
review.
Amended Final Results of Review
We are amending the final results of
the 2002–2003 administrative review on
the antidumping duty order on certain
preserved mushrooms from India to
annul our duty absorption finding and
conclusion with respect to Agro Dutch.
Specifically, we annul our finding that
Agro Dutch absorbed antidumping
duties during the period of review on
those sales for which it was the importer
of record. This amendment does not
affect the weighted–average margin
calculated for Agro Dutch for the period
of review.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries for this review. We
intend to issue the assessment
instructions to CBP 15 days after the
date of publication of these amended
final results of review.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: February 28, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E8–4239 Filed 3–4–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–449–804]
Steel Concrete Reinforcing Bars from
Latvia: Rescission of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 5, 2008
FOR FURTHER INFORMATION CONTACT:
David Layton at (202) 482–0371; AD/
AGENCY:
E:\FR\FM\05MRN1.SGM
05MRN1
11870
Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2007, the
Department published in the Federal
Register a notice of opportunity to
request an administrative review of the
antidumping duty order of steel
concrete reinforcing bars (rebar) from
Latvia for the period of review covering
September 1, 2006, through August 31,
2007 (the POR). See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 72
FR 50657 (September 4, 2007). On
September 28, 2007, in accordance with
19 CFR 351.213(b)(1), the Rebar Trade
Action Coalition and its individual
members (RTAC)1 requested an
administrative review of Joint Stock
Company Liepajas Metalurgs (LM).
The Department published the notice
of initiation of the administrative review
of the antidumping duty order on rebar
from Latvia on October 31, 2007. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 72 FR 61621 (October 31,
2007). On November 30, 2007, LM
submitted a letter to the Department in
which it certified that it made no sales
or exports of subject merchandise to the
United States during the POR.
On January 9, 2008, the Department
issued a ‘‘No Shipment Inquiry’’ to U.S.
Customs and Border Protection (CBP) to
confirm that there were no shipments or
entries of rebar from Latvia exported by
LM during the POR of the instant
administrative review. On January 24,
2008, the Department confirmed, based
on a review of CBP data and the results
of its CBP inquiry, that there were no
entries of subject merchandise exported
or shipped by LM during the POR.
Based on our findings, we notified
parties of our intent to rescind and gave
them an opportunity to comment. See
the Memorandum to The File from
David Layton entitled, ‘‘Department
Intent to Rescind Review,’’ dated
January 24, 2008 (Intent to Rescind
Memo). No party commented on our
Intent to Rescind Memo. In accordance
with 19 CFR 351.213(d)(3), the
Department may rescind an
administrative review, in whole or with
respect to a particular exporter or
producer, if the Department concludes
that, during the period covered by the
review, there were no entries, exports,
or sales of the subject merchandise.
Consequently, in accordance with 19
CFR 351.213(d)(3) and consistent with
our practice, we are rescinding our
review with respect to LM. See, e.g.,
Certain Steel Concrete Reinforcing Bars
from Turkey; Final Results and
Rescission of Antidumping Duty
Administrative Review in Part, 71 FR
65082, 65083 (November 7, 2006).
Although the respondent does not
have any sales or exports of subject
merchandise to the United States during
the POR, its subject merchandise may
have entered the United States during
the POR under its CBP antidumping
case number by way of intermediaries
(without its knowledge). Fifteen days
after the publication of this notice, the
Department will instruct CBP to
liquidate such entries at the all–others
rate in effect on the date of the entry.
See Antidumping and Countervailing
Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003).
This notice serves as a reminder to
parties subject to administrative
protective orders of their responsibility
concerning the return or destruction of
proprietary information disclosed under
the administrative protective order
(APO) in accordance with 19 CFR
351.305(a)(3). Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
This notice is published in
accordance with section 751(a)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: February 25, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–4249 Filed 3–4–08; 8:45 am]
BILLING CODE 3510–DS–S
1 RTAC is the petitioner in this proceeding. Its
individual members include Nucor Corporation,
Gerdau Ameristeel Corporation, and Commercial
Metals Company.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
RIN 0648–XB90
Availability of a Draft Environmental
Assessment/Habitat Conservation
Plan, and Receipt of Applications for
Incidental Take Permits from the
Broughton Land Company, Columbia
County, Washington
U.S. Fish and Wildlife
Service (FWS), Interior; National Marine
Fisheries Service (NMFS), National
Oceanic and Atmospheric
Administration, Commerce.
ACTION: Notice of Availability.
AGENCIES:
SUMMARY: The FWS and the NMFS
(collectively, the Services) announce the
availability for public review of a
combined draft Environmental
Assessment/Habitat Conservation Plan
(EA/HCP) pertaining to an application
by the Broughton Land Company (BLC)
for incidental take permits (ITPs)
pursuant to the Endangered Species Act
of 1973, as amended (ESA). The draft
EA/HCP addresses the proposed
issuance of ITPs by the Services to the
BLC for land management activities in
Columbia County, Washington, that are
identified in the HCP portion of the
draft document. The proposed ITPs
would authorize take, incidental to
otherwise lawful activities, of the
following threatened fish species: the
bull trout (Salvelinus confluentus);
Snake River spring/summer Chinook
salmon and the Snake River fall
Chinook salmon (both Oncorhynchus
tshawytscha); and the middle Columbia
River steelhead trout and the Snake
River steelhead trout (both O. mykiss).
We request comments from the public
on the permit applications and the draft
EA/HCP, all of which are available for
review. The EA/HCP describes the
proposed action and the measures that
the BLC will implement to minimize
and mitigate take of the threatened fish
species discussed above. To review the
documents, see ‘‘Availability of
Documents’’ in the SUPPLEMENTARY
INFORMATION section below.
DATES: All comments must be received
on or before April 4, 2008.
ADDRESSES: Please address written
comments to the FWS Field Supervisor,
Upper Columbia Fish and Wildlife
Office, 11103 East Montgomery Drive,
Spokane, WA 99206. You may also send
E:\FR\FM\05MRN1.SGM
05MRN1
Agencies
[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11869-11870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4249]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-449-804]
Steel Concrete Reinforcing Bars from Latvia: Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 5, 2008
FOR FURTHER INFORMATION CONTACT: David Layton at (202) 482-0371; AD/
[[Page 11870]]
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street &
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2007, the Department published in the Federal
Register a notice of opportunity to request an administrative review of
the antidumping duty order of steel concrete reinforcing bars (rebar)
from Latvia for the period of review covering September 1, 2006,
through August 31, 2007 (the POR). See Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation; Opportunity to Request
Administrative Review, 72 FR 50657 (September 4, 2007). On September
28, 2007, in accordance with 19 CFR 351.213(b)(1), the Rebar Trade
Action Coalition and its individual members (RTAC)\1\ requested an
administrative review of Joint Stock Company Liepajas Metalurgs (LM).
---------------------------------------------------------------------------
\1\ RTAC is the petitioner in this proceeding. Its individual
members include Nucor Corporation, Gerdau Ameristeel Corporation,
and Commercial Metals Company.
---------------------------------------------------------------------------
The Department published the notice of initiation of the
administrative review of the antidumping duty order on rebar from
Latvia on October 31, 2007. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 72 FR 61621 (October 31,
2007). On November 30, 2007, LM submitted a letter to the Department in
which it certified that it made no sales or exports of subject
merchandise to the United States during the POR.
On January 9, 2008, the Department issued a ``No Shipment Inquiry''
to U.S. Customs and Border Protection (CBP) to confirm that there were
no shipments or entries of rebar from Latvia exported by LM during the
POR of the instant administrative review. On January 24, 2008, the
Department confirmed, based on a review of CBP data and the results of
its CBP inquiry, that there were no entries of subject merchandise
exported or shipped by LM during the POR. Based on our findings, we
notified parties of our intent to rescind and gave them an opportunity
to comment. See the Memorandum to The File from David Layton entitled,
``Department Intent to Rescind Review,'' dated January 24, 2008 (Intent
to Rescind Memo). No party commented on our Intent to Rescind Memo. In
accordance with 19 CFR 351.213(d)(3), the Department may rescind an
administrative review, in whole or with respect to a particular
exporter or producer, if the Department concludes that, during the
period covered by the review, there were no entries, exports, or sales
of the subject merchandise. Consequently, in accordance with 19 CFR
351.213(d)(3) and consistent with our practice, we are rescinding our
review with respect to LM. See, e.g., Certain Steel Concrete
Reinforcing Bars from Turkey; Final Results and Rescission of
Antidumping Duty Administrative Review in Part, 71 FR 65082, 65083
(November 7, 2006).
Although the respondent does not have any sales or exports of
subject merchandise to the United States during the POR, its subject
merchandise may have entered the United States during the POR under its
CBP antidumping case number by way of intermediaries (without its
knowledge). Fifteen days after the publication of this notice, the
Department will instruct CBP to liquidate such entries at the all-
others rate in effect on the date of the entry. See Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
This notice serves as a reminder to parties subject to
administrative protective orders of their responsibility concerning the
return or destruction of proprietary information disclosed under the
administrative protective order (APO) in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
This notice is published in accordance with section 751(a)(1) of
the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: February 25, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-4249 Filed 3-4-08; 8:45 am]
BILLING CODE 3510-DS-S