Implementation of Grants to Manufacturers of Certain Worsted Wool Fabrics Established Under Title IV of the Miscellaneous Trade and Technical Corrections Act of 2004, 22325-22326 [E8-9098]
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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices
sroberts on PROD1PC70 with NOTICES
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue, NW, Washington,
DC 20230; telephone: 202–482–3208.
SUPPLEMENTARY INFORMATION:
BACKGROUND
Following publication of the Final
Results, Ta Chen filed a lawsuit with the
CIT challenging the Department’s
findings. In Alloy Piping v. United
States, Slip Op. 04–46 (CIT 2004)
(‘‘Alloy Piping I’’), the CIT remanded the
Department’s final results to permit it:
(1) to reconsider the factual and legal
basis for its determination concerning
the alleged reimbursement agreement;
(2) to reconsider its calculation of
constructed export price (‘‘CEP’’) profit;
and (3) the opportunity to fully
articulate the reasoning underlying its
findings, conclusions and determination
on the remanded issues.
The Department complied with the
CIT’s remand instructions and issued its
Remand Results on August 16, 2004.
See Remand Results. In the Remand
Results, the Department reconsidered its
decision concerning the reimbursement
agreement and determined that the
reimbursement agreement, in light of
the new information submitted by Ta
Chen on May 18, 2004, did not apply for
the June 1, 1998, through May 31, 1999,
period, but was instead limited to the
1992–1994 period. The Department also
reconsidered its CEP profit calculation
and determined that the CEP profit
equation is symmetric with regard to the
imputed interest expenses such that the
imputed interest expenses in the ‘‘Total
U.S. Expenses’’ numerator are in fact
reflected in recognized financial
expenses in the ‘‘Total Expenses’’
denominator and the ‘‘Total Actual
Profit’’ multiplier. Thus, the Department
did not change Ta Chen’s CEP profit. As
a result of the remand determination,
the antidumping duty rate for Ta Chen
was decreased from 12.84 to 6.42
percent. The CIT did not receive
comments from any interested parties
regarding the Department’s Remand
Results.
On April 6, 2006, the CIT affirmed the
Department’s findings in the Remand
Results. Specifically, the CIT affirmed
the Department’s finding that Ta Chen
did not reimburse antidumping duties
during the POR and the Department’s
decision not to change Ta Chen’s CEP
profit calculation. See Alloy Piping II.
On April 18, 2006, consistent with the
decision of the United States Court of
Appeals for the Federal Circuit in
Timken Co. v. United States, 893 F. 2d
337 (Fed. Cir. 1990), the Department
notified the public that the CIT’s
VerDate Aug<31>2005
20:20 Apr 24, 2008
Jkt 214001
decision was ‘‘not in harmony’’ with the
Final Results. See Certain Stainless
Steel Butt-Weld Pipe Fittings from
Taiwan: Notice of Court Decision and
Suspension of Liquidation, 71 FR 19873
(April 18, 2006).
On June 5, 2006, Ta Chen appealed
the CIT’s decision to the CAFC. On
September 21, 2006, in Ta Chen
Stainless Steel, the CAFC dismissed the
appeal pursuant to the parties’ dismissal
agreement. Because Alloy Piping II
constitutes a final and conclusive court
decision in this action, we are amending
our final results of review and we will
instruct CBP to liquidate entries subject
to this review.
AMENDED FINAL RESULTS
Because no further appeals have been
filed and there is now a final and
conclusive decision in the court
proceeding, we are amending the final
results of administrative review of the
antidumping order on certain stainless
steel butt–weld pipe fittings from
Taiwan for the period of June 1, 1998,
through May 31, 1999. The revised
weight-averaged dumping margin is as
follows:
22325
Dated: April 18, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–9142 Filed 4–24–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Implementation of Grants to
Manufacturers of Certain Worsted
Wool Fabrics Established Under Title
IV of the Miscellaneous Trade and
Technical Corrections Act of 2004
Department of Commerce,
International Trade Administration.
ACTION: Notice Announcing the
Availability of Grant Funds.
AGENCY:
SUMMARY: This Notice announces the
availability of grant funds in calendar
year 2008 for U.S. manufacturers of
certain worsted wool fabrics. The
purpose of this notice is to provide the
general public with a single source of
program and application information
related to the worsted wool grant
offerings and it contains the information
about the program required to be
Amend- published in the Federal Register.
Final
ed
DATES: Applications by eligible U.S.
Company
Margin
Final
producers of certain worsted wool
Margin
fabrics must be received or postmarked
Ta Chen... ........................
12.84
6.42 by 5:00 p.m. Eastern Daylight Standard
Time onMay 27, 2008. Applications
received after the closing date and time
ASSESSMENT RATES
will not be considered.
ADDRESSES: Applications must be
The Department will determine, and
CBP shall assess, antidumping duties on submitted to the Eastern Hemisphere,
Office of Textiles and Apparel, Room
all appropriate entries. In accordance
3001, U.S. Department of Commerce,
with 19 CFR 351.212(b)(1), we have
calculated importer-specific assessment Washington, DC 20230, (202) 482-4058.
FOR FURTHER INFORMATION CONTACT: Jim
rates. Where the importer-specific
Bennett, Office of Textiles and Apparel,
assessment rate is above de minimis on
U.S. Department of Commerce, (202)
an ad valorem basis, calculated by
dividing the dumping margins found on 482-4058.
examined subject merchandise by the
SUPPLEMENTARY INFORMATION:
estimated entered value, we will
Electronic Access: The full funding
instruct CBP to assess antidumping
opportunity announcement for the
duties on that importer’s entries of
worsted wool fabrics program is
subject merchandise. In accordance
available through FedGrants at https://
with 19 CFR 351.106(c)(2), we will
instruct CBP to liquidate without regard www.grants.gov. The Catalog of Federal
Domestic Assistance (CFDA) Number is
to antidumping duties any entries for
11.113, Special Projects.
which the importer-specific assessment
Statutory Authority: Section
rate is de minimis (i.e., less than 0.5
4002(c)(6) of the Miscellaneous Trade
percent ad valorem). The Department
and Technical Corrections Act of 2004
will issue appropriate assessment
(Public Law 108-429, 118 Stat. 2603)
instructions directly to CBP 15 days
(the ‘‘Act’’). The Act was amended
after publication of these amended final pursuant to Section 1633 of the Pension
results of review.
Protection Act of 2006 (Public Law 109This notice is issued and published in 280), which extended the availability of
accordance with section 751(a)(1) of the grant funds through 2009 and modified
Tariff Act of 1930, as amended.
the eligibility criteria.
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22326
Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices
Program Description: Section
4002(c)(6)(A) of the Act authorizes the
Secretary of Commerce to provide grants
to persons (including firms,
corporations, or other legal entities) who
were, during calendar years 1999, 2000,
and 2001, manufacturers of two
categories of worsted wool fabrics. The
first category are manufacturers of
worsted wool fabrics, containing 85
percent or more by weight of wool, with
average fiber diameters greater than 18.5
micron (Harmonized Tariff Schedule of
the United States (HTS) heading
9902.51.11); the total amount of
available funds is $2,666,000, to be
allocated among such manufacturers on
the basis of the percentage of each
manufacturers’ production of worsted
wool fabric included in HTS 9902.51.11.
The second category are manufacturers
of worsted wool fabrics, containing 85
percent or more by weight of wool, with
average fiber diameters of 18.5 micron
or less (HTS heading 9902.51.15,
previously HTS heading 9902.51.12);
the total amount of available funds is
$2,666,000, to be allocated among such
manufacturers on the basis of the
percentage of each manufacturers’
production of worsted wool fabric
included in HTS 9902.51.15.
Funding Availability: The Secretary of
Commerce is authorized under section
4002(c)(6)(A) of the Act to provide
grants to manufacturers of certain
worsted wool fabrics. Funding for the
worsted wool fabrics grant program will
be provided by the Department of the
Treasury from amounts in the Wool
Apparel Manufacturers Trust Fund (the
‘‘Trust Fund’’). The total amount of
grants to manufacturers of worsted wool
fabrics described in HTS 9902.51.11
shall be $2,666,000 in calendar year
2008. The total amount of grants to
manufacturers of worsted wool fabrics
described in HTS 9902.51.15 shall also
be $2,666,000 in calendar year 2008.
Eligibility Criteria: Eligible applicants
for the worsted wool fabric program
include persons (including firms,
corporations, or other legal entities) who
were, during calendar years 1999, 2000
and 2001, manufacturers of worsted
wool fabric in the United States of the
kind described in HTS 9902.51.11 or
9902.51.15. Section 1633(b)(1)(C) of the
Pension Protection Act of 2006 provides
that only manufacturers who weave
worsted wool fabric in the United States
as of the date of application shall be
eligible for grant funds. Any
manufacturer who becomes a successorof-interest to a manufacturer of the
worsted wool fabrics described in HTS
9902.51.11 or HTS 9902.51.15 during
1999, 2000 or 2001 because of
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20:20 Apr 24, 2008
Jkt 214001
reorganization or otherwise, shall be
eligible to apply for such grants.
Applications to Receive Allocations:
Applicants must provide: (1) Company
name, address, contact and phone
number; (2) Federal tax identification
number; (3) the name and address of
each plant or location in the United
States where worsted wool fabrics of the
kind described in HTS 9902.51.11 or
HTS 9902.51.15 was woven by the
applicant in 1999, 2000 and 2001; (4)
the name and address of each plant or
location in the United States where the
applicant is weaving worsted wool
fabrics of the kind described in HTS
9902.51.11 and or HTS 9902.51.15 as of
the date of application; (5) the quantity,
in linear yards, of worsted wool fabric
production described in HTS 9902.51.11
or 9902.51.15, as appropriate, woven in
the United States in each of calendar
years 1999, 2000 and 2001; and (6) the
value of worsted wool fabric production
described in HTS 9902.51.11 or
9902.51.15, as appropriate, woven in the
United States in each of calendar years
1999, 2000 and 2001. This data must
indicate actual production (not
estimates) of worsted wool fabric of the
kind described in HTS 9902.51.11 or
9902.51.15.
At the conclusion of the application,
the applicant must attest that ‘‘all
information contained in the
application is complete and correct and
no false claims, statements, or
representations have been made.’’
Applicants should be aware that,
generally, pursuant to 31 U.S.C. 3729,
persons providing a false or fraudulent
claims, and, pursuant to 18 U.S.C. 1001,
persons making materially false
statements or representations, are
subject to civil or criminal penalties,
respectively.
Information that is marked ‘‘business
confidential’’ will be protected from
disclosure to the full extent permitted
by law.
Other Application Requirements:
Complete applications must include the
following forms and documents: CD346, Applicant for Funding Assistance;
CD-511, Certifications Regarding
Debarment, Suspension and Other
Responsibility Matters; Drug-Free
Workplace Requirements and Lobbying;
SF-424, Application for Federal
Assistance; and SF-424B, Assurances Non-Construction Programs. The CD
forms are available via web site: https://
www.osec.doc.gov/forms/direct.htm.
The SF forms are available via web site:
https://www.whitehouse.gov/omb/grants/
grantslforms.html.
This document contains collection-ofinformation requirements subject to the
Paperwork Reduction Act (PRA). The
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Fmt 4703
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use of Standard Forms 269, 424, 424A,
424B, SF-LLL, and CD-346 has been
approved by the Office of Management
and Budget (OMB) under the respective
control numbers 0348-0039, 0348-0043,
0348-0044, 0348-0040, 0348-0046, and
0605-0001. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA unless
that collection of information displays a
currently valid OMB control number.
Allocation Procedures: Section
4002(c)(6)(A) of the Act requires that
each grant be allocated among eligible
applicants on the basis of the percentage
of each manufacturers’ production of
the fabric described in HTS 9902.51.11
or HTS 9902.51.15 for calendar years
1999, 2000, and 2001, compared to the
production of such fabric by all
manufacturers who qualify for such
grants. Following the closing date of the
receipt of applications, the Department
shall calculate the appropriate
allocation of the allotted funds among
eligible applicants in accordance with
the statutory procedures. Award
decisions shall be final and not subject
to appeal or protest.
Intergovernmental Review:
Applications under this program are not
subject to Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs‘‘.
Administrative and National Policy
Requirements: Department of Commerce
Pre-Award Notifications for Grants and
Cooperative Agreements, which are
contained in the Federal Register Notice
of December 30, 2004 (69 FR 78389), are
applicable to this solicitation.
It has been determined that this notice
is not significant for purposes of E.O.
12866.
Administrative Procedure/Regulatory
Flexibility: Prior notice and an
opportunity for public comment are not
required by the Administrative
Procedure Act for rules concerning
public property, loans, grants, benefits,
and contracts (5 USC 553(a)(2)). Because
notice and opportunity for comment are
not required pursuant to 5 USC 553 or
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 USC 601 et seq.) are
inapplicable. Therefore, a regulatory
flexibility analysis is not required and
has not been prepared.
Dated: April 21, 2008.
R. Matthew Priest,
Deputy Assistant Secretary for Textiles and
Apparel.
[FR Doc. E8–9098 Filed 4–24–08; 8:45 am]
BILLING CODE 3510–DS–S
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]]>Agencies
[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22325-22326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9098]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Implementation of Grants to Manufacturers of Certain Worsted Wool
Fabrics Established Under Title IV of the Miscellaneous Trade and
Technical Corrections Act of 2004
AGENCY: Department of Commerce, International Trade Administration.
ACTION: Notice Announcing the Availability of Grant Funds.
-----------------------------------------------------------------------
SUMMARY: This Notice announces the availability of grant funds in
calendar year 2008 for U.S. manufacturers of certain worsted wool
fabrics. The purpose of this notice is to provide the general public
with a single source of program and application information related to
the worsted wool grant offerings and it contains the information about
the program required to be published in the Federal Register.
DATES: Applications by eligible U.S. producers of certain worsted wool
fabrics must be received or postmarked by 5:00 p.m. Eastern Daylight
Standard Time onMay 27, 2008. Applications received after the closing
date and time will not be considered.
ADDRESSES: Applications must be submitted to the Eastern Hemisphere,
Office of Textiles and Apparel, Room 3001, U.S. Department of Commerce,
Washington, DC 20230, (202) 482-4058.
FOR FURTHER INFORMATION CONTACT: Jim Bennett, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-4058.
SUPPLEMENTARY INFORMATION:
Electronic Access: The full funding opportunity announcement for
the worsted wool fabrics program is available through FedGrants at
https://www.grants.gov. The Catalog of Federal Domestic Assistance
(CFDA) Number is 11.113, Special Projects.
Statutory Authority: Section 4002(c)(6) of the Miscellaneous Trade
and Technical Corrections Act of 2004 (Public Law 108-429, 118 Stat.
2603) (the ``Act''). The Act was amended pursuant to Section 1633 of
the Pension Protection Act of 2006 (Public Law 109-280), which extended
the availability of grant funds through 2009 and modified the
eligibility criteria.
[[Page 22326]]
Program Description: Section 4002(c)(6)(A) of the Act authorizes
the Secretary of Commerce to provide grants to persons (including
firms, corporations, or other legal entities) who were, during calendar
years 1999, 2000, and 2001, manufacturers of two categories of worsted
wool fabrics. The first category are manufacturers of worsted wool
fabrics, containing 85 percent or more by weight of wool, with average
fiber diameters greater than 18.5 micron (Harmonized Tariff Schedule of
the United States (HTS) heading 9902.51.11); the total amount of
available funds is $2,666,000, to be allocated among such manufacturers
on the basis of the percentage of each manufacturers' production of
worsted wool fabric included in HTS 9902.51.11. The second category are
manufacturers of worsted wool fabrics, containing 85 percent or more by
weight of wool, with average fiber diameters of 18.5 micron or less
(HTS heading 9902.51.15, previously HTS heading 9902.51.12); the total
amount of available funds is $2,666,000, to be allocated among such
manufacturers on the basis of the percentage of each manufacturers'
production of worsted wool fabric included in HTS 9902.51.15.
Funding Availability: The Secretary of Commerce is authorized under
section 4002(c)(6)(A) of the Act to provide grants to manufacturers of
certain worsted wool fabrics. Funding for the worsted wool fabrics
grant program will be provided by the Department of the Treasury from
amounts in the Wool Apparel Manufacturers Trust Fund (the ``Trust
Fund''). The total amount of grants to manufacturers of worsted wool
fabrics described in HTS 9902.51.11 shall be $2,666,000 in calendar
year 2008. The total amount of grants to manufacturers of worsted wool
fabrics described in HTS 9902.51.15 shall also be $2,666,000 in
calendar year 2008.
Eligibility Criteria: Eligible applicants for the worsted wool
fabric program include persons (including firms, corporations, or other
legal entities) who were, during calendar years 1999, 2000 and 2001,
manufacturers of worsted wool fabric in the United States of the kind
described in HTS 9902.51.11 or 9902.51.15. Section 1633(b)(1)(C) of the
Pension Protection Act of 2006 provides that only manufacturers who
weave worsted wool fabric in the United States as of the date of
application shall be eligible for grant funds. Any manufacturer who
becomes a successor-of-interest to a manufacturer of the worsted wool
fabrics described in HTS 9902.51.11 or HTS 9902.51.15 during 1999, 2000
or 2001 because of reorganization or otherwise, shall be eligible to
apply for such grants.
Applications to Receive Allocations: Applicants must provide: (1)
Company name, address, contact and phone number; (2) Federal tax
identification number; (3) the name and address of each plant or
location in the United States where worsted wool fabrics of the kind
described in HTS 9902.51.11 or HTS 9902.51.15 was woven by the
applicant in 1999, 2000 and 2001; (4) the name and address of each
plant or location in the United States where the applicant is weaving
worsted wool fabrics of the kind described in HTS 9902.51.11 and or HTS
9902.51.15 as of the date of application; (5) the quantity, in linear
yards, of worsted wool fabric production described in HTS 9902.51.11 or
9902.51.15, as appropriate, woven in the United States in each of
calendar years 1999, 2000 and 2001; and (6) the value of worsted wool
fabric production described in HTS 9902.51.11 or 9902.51.15, as
appropriate, woven in the United States in each of calendar years 1999,
2000 and 2001. This data must indicate actual production (not
estimates) of worsted wool fabric of the kind described in HTS
9902.51.11 or 9902.51.15.
At the conclusion of the application, the applicant must attest
that ``all information contained in the application is complete and
correct and no false claims, statements, or representations have been
made.'' Applicants should be aware that, generally, pursuant to 31
U.S.C. 3729, persons providing a false or fraudulent claims, and,
pursuant to 18 U.S.C. 1001, persons making materially false statements
or representations, are subject to civil or criminal penalties,
respectively.
Information that is marked ``business confidential'' will be
protected from disclosure to the full extent permitted by law.
Other Application Requirements: Complete applications must include
the following forms and documents: CD-346, Applicant for Funding
Assistance; CD-511, Certifications Regarding Debarment, Suspension and
Other Responsibility Matters; Drug-Free Workplace Requirements and
Lobbying; SF-424, Application for Federal Assistance; and SF-424B,
Assurances - Non-Construction Programs. The CD forms are available via
web site: https://www.osec.doc.gov/forms/direct.htm. The SF forms are
available via web site: https://www.whitehouse.gov/omb/grants/grants_
forms.html.
This document contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA). The use of Standard Forms
269, 424, 424A, 424B, SF-LLL, and CD-346 has been approved by the
Office of Management and Budget (OMB) under the respective control
numbers 0348-0039, 0348-0043, 0348-0044, 0348-0040, 0348-0046, and
0605-0001. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA unless that collection of information displays
a currently valid OMB control number.
Allocation Procedures: Section 4002(c)(6)(A) of the Act requires
that each grant be allocated among eligible applicants on the basis of
the percentage of each manufacturers' production of the fabric
described in HTS 9902.51.11 or HTS 9902.51.15 for calendar years 1999,
2000, and 2001, compared to the production of such fabric by all
manufacturers who qualify for such grants. Following the closing date
of the receipt of applications, the Department shall calculate the
appropriate allocation of the allotted funds among eligible applicants
in accordance with the statutory procedures. Award decisions shall be
final and not subject to appeal or protest.
Intergovernmental Review: Applications under this program are not
subject to Executive Order 12372, ``Intergovernmental Review of Federal
Programs``.
Administrative and National Policy Requirements: Department of
Commerce Pre-Award Notifications for Grants and Cooperative Agreements,
which are contained in the Federal Register Notice of December 30, 2004
(69 FR 78389), are applicable to this solicitation.
It has been determined that this notice is not significant for
purposes of E.O. 12866.
Administrative Procedure/Regulatory Flexibility: Prior notice and
an opportunity for public comment are not required by the
Administrative Procedure Act for rules concerning public property,
loans, grants, benefits, and contracts (5 USC 553(a)(2)). Because
notice and opportunity for comment are not required pursuant to 5 USC
553 or any other law, the analytical requirements of the Regulatory
Flexibility Act (5 USC 601 et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not required and has not been
prepared.
Dated: April 21, 2008.
R. Matthew Priest,
Deputy Assistant Secretary for Textiles and Apparel.
[FR Doc. E8-9098 Filed 4-24-08; 8:45 am]
BILLING CODE 3510-DS-S
