Reporting on Offsets Agreements in Sales of Weapon Systems or Defense-Related Items to Foreign Countries or Foreign Firms for Calendar Year 2007, 29108-29109 [E8-11208]

Download as PDF 29108 Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Notices jlentini on PROD1PC65 with NOTICES National School Lunch Act (42 U.S.C. 1751–1769i) and the Child Nutrition Act of 1966 (42 U.S.C. 1771–1791). In anticipation of these discussions, USDA intends to gather input that will help the Department better understand the needs and concerns of program cooperators and participants at the State and local levels, including representatives from State agencies, local program offices, industry, and State and local advocacy groups. This notice provides the public the opportunity to comment in writing on the issues that USDA expects to address in preparing for this reauthorization process. USDA has developed a framework of three themes to help focus the discussion of reauthorization issues. Commenters will be asked to address, but not be limited to, issues related to specific aspects of WIC, the WIC Farmers’ Market Nutrition Program, National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, Summer Food Service Program, Fresh Fruit and Vegetable Program, and Special Milk Program. Key among these are: • Strengthening program management and improving nutrition services, • Ensuring that all eligible persons have access to program benefits, and • Advancing technology and innovation. Electronic Access and Filing Addresses USDA invites interested persons to submit written comments electronically or by postal mail. To be assured of consideration, written comments must be received on or before October 15, 2008. Comments may be submitted by any of the following methods: Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments electronically. Mail: Address comments to Mr. Robert M. Eadie, Chief, Policy and Program Development Branch, Child Nutrition Division, Food and Nutrition Service, Department of Agriculture, 3101 Park Center Drive, Room 640, Alexandria, Virginia 22302–1594. Fax: Submit comments by facsimile transmission to: 703–305–2879, attention Mr. Robert M. Eadie. Hand Delivery or Courier: Deliver comments to 3101 Park Center Drive, Room 640, Alexandria, Virginia 22302– 1594, during normal business hours of 8:30 a.m. to 5 p.m. All comments submitted in response to this notice will be included in the record and will be made available to the public. Please be advised that comments, as well as the identity of the VerDate Aug<31>2005 18:23 May 19, 2008 Jkt 214001 individuals or entities submitting the comments, will be subject to public disclosure. All submissions will be available for public inspection at the address noted above, Monday through Friday, 8:30 a.m. to 5 p.m. USDA may also make the comments available on the Federal eRulemaking portal. Dated: May 14, 2008. Eric Steiner, Acting Administrator, Food and Nutrition Service. [FR Doc. E8–11236 Filed 5–19–08; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 080512652–8653–01] Reporting on Offsets Agreements in Sales of Weapon Systems or DefenseRelated Items to Foreign Countries or Foreign Firms for Calendar Year 2007 Bureau of Industry and Security, Department of Commerce. ACTION: Notice. AGENCY: SUMMARY: This notice is to remind the public that U.S. firms are required to report annually to the Department of Commerce (Commerce) on contracts for the sale of defense-related items or defense-related services to foreign countries or foreign firms that are subject to offsets agreements exceeding $5,000,000 in value. U.S. firms are also required to report annually to Commerce on offsets transactions completed in performance of existing offsets commitments for which offsets credit of $250,000 or more has been claimed from the foreign representative. Such reports must be submitted to Commerce no later than June 15, 2008. ADDRESSES: Reports should be addressed to ‘‘Offsets Program Manager, U.S. Department of Commerce, Office of Strategic Industries and Economic Security, Bureau of Industry and Security, Room 3878, Washington, DC 20230.’’ FOR FURTHER INFORMATION CONTACT: Ronald DeMarines, Office of Strategic Industries and Economic Security, Bureau of Industry and Security, U.S. Department of Commerce, telephone: 202–482–3755; fax: 202–482–5650; email: rdemarin@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background In 1984, the Congress enacted amendments to the Defense Production Act (DPA), including the addition of PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Section 309, which addresses offsets in defense trade (See 50 U.S.C. app. § 2099). Offsets are compensation practices required as a condition of purchase in either government-togovernment or commercial sales of defense articles and/or services, as defined by the Arms Export Control Act and the International Traffic in Arms Regulations. Section 309(a)(1) requires the President to submit an annual report to the Congress on the impact of offsets on the U.S. defense industrial base. In 1992, section 309 was amended to direct the Secretary of Commerce (Secretary) to function as the President’s executive agent for carrying out the responsibilities set forth in that section. Specifically, section 309 authorizes the Secretary to develop and administer the regulations necessary to collect offsets data from U.S. defense exporters. The authorities of the Secretary regarding offsets have been redelegated to the Under Secretary of the Bureau of Industry and Security (BIS). The regulations associated with offsets reporting are set forth in Part 701 of title 15 of the Code of Federal Regulations. The offsets regulations of Part 701 set forth the obligations of U.S. industry to report to the Bureau of Industry and Security, no later than June 15 of each year, offsets agreement and transaction data for the previous calendar year. As described in section 701.1 of the regulations, U.S. firms are required to report on contracts for the sale of defense-related items or defense-related services to foreign countries or foreign firms that are subject to offsets agreements exceeding $5,000,000 in value. U.S. firms are also required to report annually on offsets transactions completed in performance of existing offsets commitments for which offsets credit of $250,000 or more has been claimed from the foreign representative. The required data elements and filing procedures for such reports are outlined in section 701.4 of title 15, Code of Federal Regulations. The Department’s annual report to Congress includes an aggregated summary of the data reported by industry in accordance with the offsets regulation and the DPA. As provided by section 309(c) of the DPA, BIS will not publicly disclose the information it receives through offsets reporting unless the firm furnishing the information specifically authorizes public disclosure. The information collected is sorted and organized into an aggregate report of national offsets data, and therefore does not identify companyspecific information. E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Notices Required information must be submitted to BIS no later than June 15, 2008. Dated: May 13, 2008. Matthew S. Borman, Acting Assistant Secretary for Export Administration. [FR Doc. E8–11208 Filed 5–19–08; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration A–588–847 Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act Regarding the Antidumping Duty Order on Certain Cut–to-Length Carbon– Quality Steel Plate Products from Japan Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 8, 2008, the U.S. Trade Representative instructed the Department of Commerce (the Department) to implement its determination under section 129 of the Uruguay Round Agreements Act (URAA) regarding the investigation of certain cut–to-length carbon–quality steel plate products from Japan. The Department issued its final results on December 21, 2007, regarding the offsetting of dumped comparisons with non–dumped comparisons when making average–to-average comparisons of export price and normal value in the investigation challenged by Japan before the World Trade Organization in United States - Measures Relating to Zeroing and Sunset Reviews. The Department is now implementing this determination. DATES: The effective date of this determination is April 8, 2008. FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Mark Manning, AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482–5831, or (202) 482–5253, respectively. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with NOTICES AGENCY: Background On November 19, 2007, the Department advised interested parties that it was initiating a proceeding under section 129 of the URAA to issue a determination that would implement the findings of the World Trade Organization (WTO) dispute settlement VerDate Aug<31>2005 18:23 May 19, 2008 Jkt 214001 panel in United States - Measures Relating to Zeroing and Sunset Reviews (WT/DS322) (September 20, 2006). On November 26, 2007, the Department issued its preliminary results, in which it recalculated the weighted–average dumping margins from the antidumping investigation of certain cut–to-length carbon–quality steel plate products from Japan1 by 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). The Department also invited interested parties to comment on the preliminary results. On December 3, 2007, we received a case brief from IPSCO Steel Inc. (IPSCO), a domestic interested party. We received no other case briefs. After receiving comments from IPSCO, the Department issued its final results for the section 129 determination on December 21, 2007. On January 11 and 14, 2008, 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 April 8, 2008, 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 USC 3538(b)(2). The Statement of Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) (SAA), variously refers to such a determination by the Department as a ‘‘new,’’ ‘‘second,’’ and ‘‘different’’ determination. See SAA at 1025, 1027. After consulting with the Department and the appropriate congressional committees, the U.S. Trade Representative may direct the 1 See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-To-Length Carbon-Quality Steel Plate Products from Japan, 64 FR 73215 (December 29, 1999). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 29109 Department to implement, in whole or in part, the new determination made under section 129. See 19 USC 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 USC 3538(c). The new determination is subject to judicial review separate and apart from judicial review of the Department’s original determination. See 19 USC 1516a(a)(2)(B)(vii). Analysis of Comments Received The issues raised in the case brief submitted by an interested party to this proceeding are addressed in the Issues and Decision Memorandum for the Final Results of Proceeding Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain Cut–to-Length Carbon–Quality Steel Plate Products from Japan from Stephen J. Claeys to David M. Spooner, dated December 21, 2007 (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. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. Final Antidumping Margins The recalculated margins, unchanged from the preliminary decision in this 129 proceeding, are as follows: • The margin for Kawasaki Steel Corporation decreases from 10.78 percent to 9.46 percent. • The all–others rate decreases from 10.78 percent to 9.46 percent. On April 8, 2008, 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 the subject merchandise from all exporters or producers, entered, or withdrawn from warehouse, for consumption on or after April 8, 2008 (the effective date). CBP shall continue to require cash deposit equal to the estimated amount by which normal value exceeds the U.S. price. The suspension of liquidation will remain in effect until further notice. The Section E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 73, Number 98 (Tuesday, May 20, 2008)]
[Notices]
[Pages 29108-29109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11208]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 080512652-8653-01]


Reporting on Offsets Agreements in Sales of Weapon Systems or 
Defense-Related Items to Foreign Countries or Foreign Firms for 
Calendar Year 2007

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Notice.

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SUMMARY: This notice is to remind the public that U.S. firms are 
required to report annually to the Department of Commerce (Commerce) on 
contracts for the sale of defense-related items or defense-related 
services to foreign countries or foreign firms that are subject to 
offsets agreements exceeding $5,000,000 in value. U.S. firms are also 
required to report annually to Commerce on offsets transactions 
completed in performance of existing offsets commitments for which 
offsets credit of $250,000 or more has been claimed from the foreign 
representative. Such reports must be submitted to Commerce no later 
than June 15, 2008.

ADDRESSES: Reports should be addressed to ``Offsets Program Manager, 
U.S. Department of Commerce, Office of Strategic Industries and 
Economic Security, Bureau of Industry and Security, Room 3878, 
Washington, DC 20230.''

FOR FURTHER INFORMATION CONTACT: Ronald DeMarines, Office of Strategic 
Industries and Economic Security, Bureau of Industry and Security, U.S. 
Department of Commerce, telephone: 202-482-3755; fax: 202-482-5650; e-
mail: rdemarin@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    In 1984, the Congress enacted amendments to the Defense Production 
Act (DPA), including the addition of Section 309, which addresses 
offsets in defense trade (See 50 U.S.C. app. Sec.  2099). Offsets are 
compensation practices required as a condition of purchase in either 
government-to-government or commercial sales of defense articles and/or 
services, as defined by the Arms Export Control Act and the 
International Traffic in Arms Regulations.
    Section 309(a)(1) requires the President to submit an annual report 
to the Congress on the impact of offsets on the U.S. defense industrial 
base. In 1992, section 309 was amended to direct the Secretary of 
Commerce (Secretary) to function as the President's executive agent for 
carrying out the responsibilities set forth in that section. 
Specifically, section 309 authorizes the Secretary to develop and 
administer the regulations necessary to collect offsets data from U.S. 
defense exporters.
    The authorities of the Secretary regarding offsets have been 
redelegated to the Under Secretary of the Bureau of Industry and 
Security (BIS). The regulations associated with offsets reporting are 
set forth in Part 701 of title 15 of the Code of Federal Regulations. 
The offsets regulations of Part 701 set forth the obligations of U.S. 
industry to report to the Bureau of Industry and Security, no later 
than June 15 of each year, offsets agreement and transaction data for 
the previous calendar year.
    As described in section 701.1 of the regulations, U.S. firms are 
required to report on contracts for the sale of defense-related items 
or defense-related services to foreign countries or foreign firms that 
are subject to offsets agreements exceeding $5,000,000 in value. U.S. 
firms are also required to report annually on offsets transactions 
completed in performance of existing offsets commitments for which 
offsets credit of $250,000 or more has been claimed from the foreign 
representative. The required data elements and filing procedures for 
such reports are outlined in section 701.4 of title 15, Code of Federal 
Regulations.
    The Department's annual report to Congress includes an aggregated 
summary of the data reported by industry in accordance with the offsets 
regulation and the DPA. As provided by section 309(c) of the DPA, BIS 
will not publicly disclose the information it receives through offsets 
reporting unless the firm furnishing the information specifically 
authorizes public disclosure. The information collected is sorted and 
organized into an aggregate report of national offsets data, and 
therefore does not identify company-specific information.

[[Page 29109]]

    Required information must be submitted to BIS no later than June 
15, 2008.

    Dated: May 13, 2008.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E8-11208 Filed 5-19-08; 8:45 am]
BILLING CODE 3510-JT-P

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