Freshwater Crawfish Tail Meat from the People's Republic of China: Notice of Court Decision Not in Harmony with Final Results of Administrative Review, 14960-14961 [E8-5669]
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14960
Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices
the predecessor if the resulting
operations are essentially the same as
those of the predecessor company. See,
e.g., Industrial Phosphoric Acid from
Israel: Final Results of Antidumping
Duty Changed Circumstances Review,
59 FR 6944, 6945 (February 14, 1994),
and Plate from Romania, 70 FR 22847.
Thus, if the record evidence
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
operates as the same business entity as
the predecessor company, the
Department may assign the new
company the cash deposit rate of its
predecessor. See, e.g., Fresh and Chilled
Atlantic Salmon from Norway: Final
Results of Changed Circumstances
Antidumping Duty Administrative
Review, 64 FR 9979, 9980 (March 1,
1999). Although Isibars submitted
documentation related to its name
change, it failed to provide complete
supporting documentation for the four
elements listed above. Accordingly, the
Department has determined that it
would be inappropriate to expedite this
action by combining the preliminary
results of review with this notice of
initiation, as permitted under 19 CFR
351.221(c)(3)(ii). Therefore, the
Department is not issuing the
preliminary results of its antidumping
duty changed circumstances review at
this time.
The Department will issue
questionnaires requesting factual
information for the review, and will
publish in the Federal Register a notice
of preliminary results of antidumping
duty changed circumstances review, in
accordance with 19 CFR 351.221(b)(2)
and (4), and 19 CFR 351.221(c)(3)(i).
The notice will set forth the factual and
legal conclusions upon which our
preliminary results are based and a
description of any action proposed
based on those results. Pursuant to 19
CFR 351.221(b)(4)(ii), interested parties
will have an opportunity to comment on
the preliminary results of review. In
accordance with 19 CFR 351.216(e), the
Department will issue the final results
of its antidumping duty changed
circumstances review not later than 270
days after the date on which the review
is initiated.
During the course of this antidumping
duty changed circumstances review, the
cash deposit requirements for the
subject merchandise exported and
manufactured by India Steel will
continue to be the rate established in the
final results of the last administrative
review for all other manufacturers and
exporters not previously reviewed. See
Certain Forged Stainless Steel Flanges
from India: Notice of Final Results and
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16:44 Mar 19, 2008
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Partial Rescission of Antidumping Duty
Administrative Review, 72 FR 45221
(August 13, 2007). The cash deposit will
be altered, if warranted, pursuant only
to the final results of this review.
This notice of initiation is in
accordance with section 751(b)(1) of the
Act, 19 CFR 351.216(b) and (d), and 19
CFR 351.221(b)(1).
Dated: March 14, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–5691 Filed 3–19–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–848)
Freshwater Crawfish Tail Meat from the
People’s Republic of China: Notice of
Court Decision Not in Harmony with
Final Results of Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 5, 2008 the United
States Court of International Trade
(‘‘CIT’’) sustained the remand
redetermination issued by the
Department of Commerce (‘‘the
Department’’), pursuant to the CIT’s
remand order, regarding the final results
of the administrative review of the
antidumping duty order on fresh water
crawfish tail meat from the People’s
Republic of China. See Crawfish
Processors Alliance v. United States,
Slip Op. 08–27 (March 5, 2008)
(‘‘Crawfish II’’). This case arises out of
the Department’s final results in the
administrative review covering the
period September 1, 1999 - August 31,
2000. See Freshwater Crawfish Tail
Meat from the People’s Republic of
China; Notice of Final Results of
Antidumping Duty Administrative
Review, and Final Partial Rescission of
Antidumping Duty Administrative
Review, 67 FR 19546 (April 22, 2002)
(‘‘Final Results’’). Consistent with the
decision of the United States Court of
Appeals for the Federal Circuit
(‘‘CAFC’’) in The Timken Co. v. United
States, 893 F.2d 337 (Fed. Cir. 1990)
(‘‘Timken’’), the Department is notifying
the public that Crawfish II is not in
harmony with the Department’s Final
Results.
EFFECTIVE DATE: March 20, 2008.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
AGENCY:
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of Commerce, 14th Street and
Constitution Ave., NW, Washington, DC
20230; telephone: (202) 482–0413.
SUPPLEMENTARY INFORMATION: On April
22, 2002 the Department determined
that Fujian Pelagic Fishery Group Co.
(‘‘Fujian’’) and Pacific Coast Fisheries
Corp. (‘‘Pacific Coast’’) are not affiliated
parties pursuant to section 771(33) of
the Tariff Act of 1930, as amended (‘‘the
Act’’). See Final Results and
accompanying Issues and Decision
Memorandum at Comment 18. In
Crawfish I, the CIT found that ‘‘Fujian
had not made an investment, whether in
cash or in the form of a promissory note,
in Pacific Coast and that Fujian did not
exercise control over Pacific Coast.’’ See
Crawfish Processors Alliance v. United
States, 343 F. Supp. 2d 1242, 1269 (Ct.
Int’l Trade 2004) (‘‘Crawfish I’’). The CIT
sustained the Department’s
determination that the two entities are
not affiliated. Id. On appeal, the CAFC,
holding that section 771(33)(E) of the
Act ‘‘does not require a transfer of cash
or merchandise to prove ownership or
control of an organization’s shares,’’
found that Fujian put forth sufficient
evidence to demonstrate that it directly
or indirectly owned and controlled at
least 5% of Pacific Coast’s shares. See
Crawfish Processors Alliance v. United
States, 477 F.3d 1375, 1384 (Fed. Cir.
2007). The CAFC determined that
substantial evidence did not support the
Department’s determination that Fujian
and Pacific Coast are not affiliated and
reversed the decision of the CIT in
Crawfish I. Id. Consequently, as
mandated by the Federal Circuit, the
CIT remanded the Final Results to the
Department to recalculate the dumping
margin treating Fujian and Pacific Coast
as affiliated parties. See Crawfish
Processors Alliance v. United States,
Slip Op. 07–156 (October 30, 2007).
Thus, pursuant to the CIT’s remand
instructions, the Department treated
Fujian and Pacific Coast as affiliated
parties pursuant to section 771(33)(E) of
the Act, and recalculated Fujian’s
dumping margin from 174.04% to
60.83%.
The Department released the Draft
Results of Redetermination Pursuant to
Court Remand (‘‘Draft
Redetermination’’) to the interested
parties for comment on December 11,
2007. On December 18, 2007, in
response to a request by Fujian, the
Department granted parties an
additional two days to submit
comments on the Draft
Redetermination. No party submitted
comments by the December 20, 2007
deadline. On January 28, 2008 the
Department filed its final results of
E:\FR\FM\20MRN1.SGM
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Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices
redetermination pursuant to Court
remand with the CIT. See Final Remand
Results of Redetermination Pursuant to
Court Remand, Court No. 02–00376,
(January 28, 2008) (‘‘Final Remand
Redetermination’’). On March 5, 2008
the CIT sustained all aspects of the Final
Remand Redetermination. See Crawfish
II.
In its decision in Timken, 893 F.2d at
341, the CAFC held that, pursuant to
section 516A(e) of the Act, the
Department must publish a notice of a
court decision that is not ‘‘in harmony’’
with a Department determination, and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
As a result of the Department’s
treatment of Fujian and Pacific Coast as
affiliated parties, the CIT’s decision in
this case, on March 5, 2008, constitutes
a final decision of the court that is not
in harmony with the Department’s Final
Results. This notice is published in
fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue the
suspension of liquidation of the subject
merchandise pending the expiration of
the period of appeal or, if appealed,
pending a final and conclusive court
decision. In the event the CIT’s ruling is
not appealed or, if appealed, upheld by
the CAFC, the Department will instruct
U.S. Customs and Border Protection to
revise the cash deposit rates covering
the subject merchandise.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–5669 Filed 3–19–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No.: 071213835–7836–01]
RIN: 0648–ZB84
Availability of Draft Guidelines for the
Marine Debris Program Grant Program
National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Request for Comments on
Proposed Guidelines for NOAA’s
Marine Debris Program Grant Program.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: NOAA’s Office of Response
and Restoration, National Ocean
VerDate Aug<31>2005
16:44 Mar 19, 2008
Jkt 214001
Service, is issuing guidelines to
implement the Marine Debris Program
(MDP) grant program. The MDP was
created by the Marine Debris Research,
Prevention, and Reduction Act (33
U.S.C. 1951 et seq.) to coordinate,
strengthen, and enhance the awareness
of marine debris efforts within the
agency and work with external partners
to support research, prevention, and
reduction activities related to the issue
of marine debris. The NOAA MDP
mission is to support a national and
international effort focused on
preventing, identifying and removing
marine debris and to protect and protect
our nation’s natural resources, oceans,
and coastal waterways from the impacts
of marine debris. Within the Act, the
MDP is directed to develop formal
guidelines for the implementation of a
grant program and is seeking comments
on the proposed grant program
guidelines through this document.
DATES: The agency must receive
comments concerning this document on
or before April 21, 2008.
ADDRESSES: Please send your comments
by e-mail to: NOAA.Marine
Debris.FRNcomments@noaa.gov or by
mail to: Sarah E. Morison, NOAA
Marine Debris Program Coordinator,
Office of Response and Restoration,
N/ORR, SSMC4, 10th floor, 1305 EastWest Highway, Silver Spring, MD,
20910.
FOR FURTHER INFORMATION CONTACT:
Sarah E. Morison, Tel: 301–713–2989
x120 or by e-mail at:
Sarah.Morison@NOAA.gov.
SUPPLEMENTARY INFORMATION: NOAA’s
Marine Debris Program (MDP) serves as
a centralized marine debris capability
within NOAA in order to coordinate,
strengthen, and increase the visibility of
marine debris issues and efforts within
the agency, its partners, and the public.
The NOAA MDP mission is to support
a national and international effort
focused on preventing, identifying and
removing marine debris and to protect
and protect our nation’s natural
resources, oceans, and coastal
waterways from the impacts of marine
debris. Additionally, the MDP supports
and works closely with various partners
across the U.S. to fulfill the Program’s
mission. The proposed guidelines
implementing the MDP’s grant program
are set forth below.
Electronic Access
Information on the MDP can be found
on the World Wide Web at: https://
marinedebris.noaa.gov,
The proposed guidelines
implementing the MDP grant program
are set forth below.
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14961
NOAA MARINE Debris Program Grant
Program Guidelines
Section 1. Goals and Objectives
The Marine Debris Research,
Prevention, and Reduction Act (the Act)
(33 U.S.C. 1951 et seq.) establishes a
marine debris program within the
National Oceanic and Atmospheric
Administration (NOAA) to reduce and
prevent the occurrence and adverse
impacts of marine debris on the marine
environment and navigation, through
activities such as:
• Mapping, identification, impact
assessment, removal, and prevention;
• Reducing and preventing loss of
fishing gear; and
• Outreach.
The Act also directs the Administrator
to provide financial assistance in the
form of grants to accomplish the Act’s
purpose of identifying, determining
sources of, assessing, reducing, and
preventing marine debris and its
adverse impacts on the marine
environment, living marine resources,
and navigation safety.
The Act further directs the
Administrator to issue guidelines for the
implementation of the grant program,
including development of criteria and
priorities for grants, in consultation
with the Interagency Marine Debris
Coordinating Committee; regional
fishery management councils
established under the MagnusonStevens Fishery Conservation and
Management Act; state, regional, and
local governmental entities with marine
debris experience; marine-dependent
industries; and nongovernmental
organizations involved in marine debris
research, prevention, and removal
activities.
The grant program’s objective is to
bring together groups, public and nonprofit organizations, industry, academia,
commercial organizations, corporations
and businesses, youth conservation
corps, students, landowners, and local
governments, and state and Federal
agencies to implement marine debrisrelated projects to support NOAA’s
mission, ‘‘to understand and predict
changes in Earth’s environment and
conserve and manage coastal and
marine resources to meet our Nation’s
economic, social, and environmental
needs.’’ These diverse entities will be
sought at the national, state, and local
level to contribute funding, technical
assistance, workforce support or other
in-kind services to allow citizens to take
responsibility for the improvement of
important, living marine resources, their
habitats and other uses of the ocean that
are impacted by marine debris.
E:\FR\FM\20MRN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 55 (Thursday, March 20, 2008)]
[Notices]
[Pages 14960-14961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5669]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-848)
Freshwater Crawfish Tail Meat from the People's Republic of
China: Notice of Court Decision Not in Harmony with Final Results of
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 5, 2008 the United States Court of International
Trade (``CIT'') sustained the remand redetermination issued by the
Department of Commerce (``the Department''), pursuant to the CIT's
remand order, regarding the final results of the administrative review
of the antidumping duty order on fresh water crawfish tail meat from
the People's Republic of China. See Crawfish Processors Alliance v.
United States, Slip Op. 08-27 (March 5, 2008) (``Crawfish II''). This
case arises out of the Department's final results in the administrative
review covering the period September 1, 1999 - August 31, 2000. See
Freshwater Crawfish Tail Meat from the People's Republic of China;
Notice of Final Results of Antidumping Duty Administrative Review, and
Final Partial Rescission of Antidumping Duty Administrative Review, 67
FR 19546 (April 22, 2002) (``Final Results''). Consistent with the
decision of the United States Court of Appeals for the Federal Circuit
(``CAFC'') in The Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (``Timken''), the Department is notifying the public that
Crawfish II is not in harmony with the Department's Final Results.
EFFECTIVE DATE: March 20, 2008.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Ave., NW,
Washington, DC 20230; telephone: (202) 482-0413.
SUPPLEMENTARY INFORMATION: On April 22, 2002 the Department determined
that Fujian Pelagic Fishery Group Co. (``Fujian'') and Pacific Coast
Fisheries Corp. (``Pacific Coast'') are not affiliated parties pursuant
to section 771(33) of the Tariff Act of 1930, as amended (``the Act'').
See Final Results and accompanying Issues and Decision Memorandum at
Comment 18. In Crawfish I, the CIT found that ``Fujian had not made an
investment, whether in cash or in the form of a promissory note, in
Pacific Coast and that Fujian did not exercise control over Pacific
Coast.'' See Crawfish Processors Alliance v. United States, 343 F.
Supp. 2d 1242, 1269 (Ct. Int'l Trade 2004) (``Crawfish I''). The CIT
sustained the Department's determination that the two entities are not
affiliated. Id. On appeal, the CAFC, holding that section 771(33)(E) of
the Act ``does not require a transfer of cash or merchandise to prove
ownership or control of an organization's shares,'' found that Fujian
put forth sufficient evidence to demonstrate that it directly or
indirectly owned and controlled at least 5[percnt] of Pacific Coast's
shares. See Crawfish Processors Alliance v. United States, 477 F.3d
1375, 1384 (Fed. Cir. 2007). The CAFC determined that substantial
evidence did not support the Department's determination that Fujian and
Pacific Coast are not affiliated and reversed the decision of the CIT
in Crawfish I. Id. Consequently, as mandated by the Federal Circuit,
the CIT remanded the Final Results to the Department to recalculate the
dumping margin treating Fujian and Pacific Coast as affiliated parties.
See Crawfish Processors Alliance v. United States, Slip Op. 07-156
(October 30, 2007). Thus, pursuant to the CIT's remand instructions,
the Department treated Fujian and Pacific Coast as affiliated parties
pursuant to section 771(33)(E) of the Act, and recalculated Fujian's
dumping margin from 174.04[percnt] to 60.83[percnt].
The Department released the Draft Results of Redetermination
Pursuant to Court Remand (``Draft Redetermination'') to the interested
parties for comment on December 11, 2007. On December 18, 2007, in
response to a request by Fujian, the Department granted parties an
additional two days to submit comments on the Draft Redetermination. No
party submitted comments by the December 20, 2007 deadline. On January
28, 2008 the Department filed its final results of
[[Page 14961]]
redetermination pursuant to Court remand with the CIT. See Final Remand
Results of Redetermination Pursuant to Court Remand, Court No. 02-
00376, (January 28, 2008) (``Final Remand Redetermination''). On March
5, 2008 the CIT sustained all aspects of the Final Remand
Redetermination. See Crawfish II.
In its decision in Timken, 893 F.2d at 341, the CAFC held that,
pursuant to section 516A(e) of the Act, the Department must publish a
notice of a court decision that is not ``in harmony'' with a Department
determination, and must suspend liquidation of entries pending a
``conclusive'' court decision. As a result of the Department's
treatment of Fujian and Pacific Coast as affiliated parties, the CIT's
decision in this case, on March 5, 2008, constitutes a final decision
of the court that is not in harmony with the Department's Final
Results. This notice is published in fulfillment of the publication
requirements of Timken. Accordingly, the Department will continue the
suspension of liquidation of the subject merchandise pending the
expiration of the period of appeal or, if appealed, pending a final and
conclusive court decision. In the event the CIT's ruling is not
appealed or, if appealed, upheld by the CAFC, the Department will
instruct U.S. Customs and Border Protection to revise the cash deposit
rates covering the subject merchandise.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-5669 Filed 3-19-08; 8:45 am]
BILLING CODE 3510-DS-S
