Honey From the People’s Republic of China: Notice of Amended Final Results Pursuant to Final Court Decision, 54366-54367 [E8-21979]

Download as PDF 54366 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices entities other than the small organizations that will furnish the product and services to the Government. 2. The action will result in authorizing small entities to furnish the product and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the product and services proposed for addition to the Procurement List. End of Certification Accordingly, the following product and services are added to the Procurement List: Target, Silhouette NSN: 6920–00–795–1807. NPA: North Central Sight Services, Inc., Williamsport, PA. Contracting Activity: Defense Supply Center Philadelphia, Philadelphia, PA. Coverage: C-List for the government requirement of the Defense Supply Center Philadelphia, Philadelphia, PA. Services: Service Type/Location: Janitorial Services, San Francisco Maritime Museum Building, 900 Beach Street, San Francisco, CA. San Francisco Hyde Street Pier, 2905 Hyde Street, San Francisco, CA. San Francisco Maritime Visitor Center, 499 Jefferson Street, San Francisco, CA. NPA: Toolworks, Inc., San Francisco, CA. Contracting Activity: U.S. Department of the Interior, National Park Service, Oakland, CA. Service Type/Location: Custodial Services— Forest Service—Rapid River, USDA Forest Service-District Office, 8181 Highway 2, Rapid River, MI. NPA: Lakestate Industries, Escanaba, MI. Contracting Activity: Department of Agriculture, Hiawatha National Forest, Escamba, MI. This action does not affect current contracts awarded prior to the effective date of this addition or options that may be exercised under those contracts. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8–21951 Filed 9–18–08; 8:45 am] BILLING CODE 6353–01–P jlentini on PROD1PC65 with NOTICES COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions Committee for Purchase From People Who Are Blind or Severely Disabled. VerDate Aug<31>2005 17:25 Sep 18, 2008 Jkt 214001 SUMMARY: The Committee is proposing to add to the Procurement List a service to be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities, and to delete a product previously furnished by such an agency. Comments Must Be Received on or Before: October 19, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202–3259. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Kimberly M. Zeich, Product: AGENCY: Proposed Addition to and Deletion from Procurement List. ACTION: Telephone: (703) 603–7740, Fax: (703) 603–0655, or e-mail: CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Additions If the Committee approves the proposed addition, the entity of the Federal Government identified in this notice will be required to procure the service listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the services proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following service is proposed for addition to Procurement List for delivery by the nonprofit agency listed: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Services Service Type/Location: Materials Coordinator/Supplies Technician, Warehouse located at Federal Highway Administration Bldg., 610 East Fifth St., Vancouver, WA. NPA: Portland Habilitation Center, Inc., Portland, OR. Contracting Activity: Dept of Transportation, Federal Highway Administration, Vancouver, WA. Deletions Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. If approved, the action may result in authorizing small entities to furnish the products to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the product proposed for deletion from the Procurement List. End of Certification The following product is proposed for deletion from the Procurement List: Products Tray, Repositional Note Pad NSN: 7520–01–166–0878—Tray, Repositional Note Pad. NPA: L.C. Industries For The Blind, Inc., Durham, NC. Contracting Activity: GSA/FSS Ofc. Sup. Ctr.—Paper Products, New York, NY. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8–21950 Filed 9–18–08; 8:45 am] BILLING CODE 6353–01–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–863] Honey From the People’s Republic of China: Notice of Amended Final Results Pursuant to Final Court Decision Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 29, 2008, the Court of International Trade (‘‘CIT’’) affirmed the Department’s remand determination and entered judgment in Wuhan Bee Healthy Co., Ltd., and Presstek Inc., v. AGENCY: E:\FR\FM\19SEN1.SGM 19SEN1 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices jlentini on PROD1PC65 with NOTICES United States, Court No. 05–00438, Slip Op. 08–61 (Ct. Int’l Trade) (May 29, 2008) (‘‘Wuhan v. U.S.’’), which challenged certain aspects of the Department of Commerce’s (‘‘the Department’’) findings in Honey from the People’s Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR 38873 (July 6, 2005) (‘‘Final Results’’) and the accompanying Issues and Decision Memorandum. As explained below, in accordance with the order contained in the CIT’s May 29, 2008, Wuhan v. U.S., the Department is amending the Final Results of the review to apply the recalculated surrogate value for labor in the Department’s normal value calculation. EFFECTIVE DATE: September 19, 2008. FOR FURTHER INFORMATION CONTACT: Bobby Wong or Scot T. Fullerton, AD/ CVD Operations, Office 9, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Room 4003, Washington, DC 20230; telephone: (202) 482–0409 or (202) 482–1386, respectively. SUPPLEMENTARY INFORMATION: Background On June 27, 2005, the Department completed its Final Results of the second administrative review of honey from the People’s Republic of China (‘‘PRC’’). On July 20, 2007, the CIT issued its order remanding the case to the Department, requesting that the Department explain its decisions, (1) to include data from high–wage countries in its non–market economy (‘‘NME’’) wage rate calculation, and (2) to exclude from that calculation data from twenty– two low–wage countries placed on the record by plaintiffs. See Wuhan Bee Healthy Co., Ltd. v. United States, 2007 Ct. Int’l. Trade, LEXIS 115, Slip Op. 07– 113 (‘‘Wuhan Remand’’). Additionally, the Department requested a voluntary remand to recalculate the PRC wage rate using the data set out in its remand request. The CIT also directed the Department to reopen the record to provide parties an opportunity to submit comments regarding the Department’s application of ad valorem versus per unit assessment rates. See Wuhan Remand, 2007 Ct. Int’l Trade, LEXIS 115, Slip Op. 07–113 at *63. On August 3, 2007, the Department reopened the administrative record to allow parties an opportunity to comment on the Department’s proposed change in methodology from an ad valorem to a per-unit duty assessment. Petitioners filed comments in support of the Department’s proposed change. Respondents did not provide comments. VerDate Aug<31>2005 17:25 Sep 18, 2008 Jkt 214001 On September 7, 2007, the Department released its draft remand results to interested parties for comments. Again, respondents did not provide comments. On October 16, 2007, the Department submitted the final Remand Results to the CIT. On May 29, 2008, the CIT issued its ruling and sustained the Department’s remand results. See Wuhan v. U.S., Court No. 05–00438, Slip Op. 08–61, at 2. The CIT found that the Department provided a reasonable explanation and conducted a reasonable analysis, concerning the inclusion and exclusion of specific countries in the regression analysis, sufficient to address the court’s concerns. Furthermore, the CIT found that, with respect to the voluntary remand, the Department explained its methodology reasonably, and thus sustained the Department’s recalculation of the surrogate labor rate. No appeals were filed with the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’). 54367 This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: September 8, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–21979 Filed 9–18–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–570–938] Citric Acid and Certain Citrate Salts From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination Import Administration, International Trade Administration, Department of Commerce. Because there is now a final and conclusive court decision, effective as of SUMMARY: The Department of Commerce preliminarily determines that the publication date of this notice, we countervailable subsidies are being are amending the Final Results and provided to producers and exporters of revising the weighted average dumping citric acid and certain citrate salts from margins for Wuhan Bee Healthy Co., the People’s Republic of China. For Ltd. (‘‘Wuhan Bee’’): information on the estimated subsidy rates, see the ‘‘Suspension of HONEY FROM THE PRC Liquidation’’ section of this notice. Weighted-Average DATES: Effective Date: September 19, Manufacturer/Exporter Margin 2008. (Percent) FOR FURTHER INFORMATION CONTACT: Wuhan Bee ................... 101.48 Damian Felton, David Neubacher, or Shelly Atkinson, AD/CVD Operations, We have calculated Wuhan Bee’s Office 1, Import Administration, company-specific antidumping margin International Trade Administration, as 101.48 percent. See the Memorandum U.S. Department of Commerce, 14th to the File from Bobby Wong, ‘‘Analysis Street and Constitution Avenue, NW., Memorandum for the Draft Results of Washington, DC 20230; telephone: (202) the Redetermination of the Wage Rate 482–0133, (202) 482–5823, or (202) 482– Remand for Antidumping Duty 0116, respectively. Administrative Review of Honey from SUPPLEMENTARY INFORMATION: the People’s Republic of China for Case History Wuhan Bee Healthy Co., Ltd.,’’ dated September 6, 2007 (‘‘Draft Results The following events have occurred Analysis Memo’’). There have been no since the publication of the Department changes to this analysis for these of Commerce’s (‘‘Department’’) notice of amended final results. In accordance initiation in the Federal Register. See with the Department’s practice of Notice of Initiation of Countervailing applying importer–specific assessment Duty Investigation: Citric Acid and rates, we will instruct United States Certain Citrate Salts From the People’s Customs and Border Protection (‘‘CBP’’) Republic of China, 73 FR 26960 (May to apply the importer-specific 12, 2008) (‘‘Initiation Notice’’), and the assessment rate for Wuhan Bee’s exports accompanying Initiation Checklist. to the United States. See Draft Results On June 2, 2008, the Department Analysis Memo at Attachment 2. The selected three Chinese producers/ Department intends to issue appropriate exporters of citric acid and certain assessment instructions directly to CBP citrate salts (‘‘citric acid’’) as mandatory 15 days after the publication of the final respondents, BBCA Group Corp., results of this review. Shandong TTCA Biochemical Co., Ltd. Amendment to the Final Determination PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Notices]
[Pages 54366-54367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21979]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Notice of Amended 
Final Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 29, 2008, the Court of International Trade (``CIT'') 
affirmed the Department's remand determination and entered judgment in 
Wuhan Bee Healthy Co., Ltd., and Presstek Inc., v.

[[Page 54367]]

United States, Court No. 05-00438, Slip Op. 08-61 (Ct. Int'l Trade) 
(May 29, 2008) (``Wuhan v. U.S.''), which challenged certain aspects of 
the Department of Commerce's (``the Department'') findings in Honey 
from the People's Republic of China: Final Results and Final 
Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR 
38873 (July 6, 2005) (``Final Results'') and the accompanying Issues 
and Decision Memorandum. As explained below, in accordance with the 
order contained in the CIT's May 29, 2008, Wuhan v. U.S., the 
Department is amending the Final Results of the review to apply the 
recalculated surrogate value for labor in the Department's normal value 
calculation.

EFFECTIVE DATE: September 19, 2008.

FOR FURTHER INFORMATION CONTACT: Bobby Wong or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW, Room 4003, 
Washington, DC 20230; telephone: (202) 482-0409 or (202) 482-1386, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 27, 2005, the Department completed its Final Results of the 
second administrative review of honey from the People's Republic of 
China (``PRC''). On July 20, 2007, the CIT issued its order remanding 
the case to the Department, requesting that the Department explain its 
decisions, (1) to include data from high-wage countries in its non-
market economy (``NME'') wage rate calculation, and (2) to exclude from 
that calculation data from twenty-two low-wage countries placed on the 
record by plaintiffs. See Wuhan Bee Healthy Co., Ltd. v. United States, 
2007 Ct. Int'l. Trade, LEXIS 115, Slip Op. 07-113 (``Wuhan Remand''). 
Additionally, the Department requested a voluntary remand to 
recalculate the PRC wage rate using the data set out in its remand 
request. The CIT also directed the Department to reopen the record to 
provide parties an opportunity to submit comments regarding the 
Department's application of ad valorem versus per unit assessment 
rates. See Wuhan Remand, 2007 Ct. Int'l Trade, LEXIS 115, Slip Op. 07-
113 at *63.
    On August 3, 2007, the Department reopened the administrative 
record to allow parties an opportunity to comment on the Department's 
proposed change in methodology from an ad valorem to a per-unit duty 
assessment. Petitioners filed comments in support of the Department's 
proposed change. Respondents did not provide comments. On September 7, 
2007, the Department released its draft remand results to interested 
parties for comments. Again, respondents did not provide comments.
    On October 16, 2007, the Department submitted the final Remand 
Results to the CIT. On May 29, 2008, the CIT issued its ruling and 
sustained the Department's remand results. See Wuhan v. U.S., Court No. 
05-00438, Slip Op. 08-61, at 2. The CIT found that the Department 
provided a reasonable explanation and conducted a reasonable analysis, 
concerning the inclusion and exclusion of specific countries in the 
regression analysis, sufficient to address the court's concerns. 
Furthermore, the CIT found that, with respect to the voluntary remand, 
the Department explained its methodology reasonably, and thus sustained 
the Department's recalculation of the surrogate labor rate. No appeals 
were filed with the United States Court of Appeals for the Federal 
Circuit (``CAFC'').

Amendment to the Final Determination

    Because there is now a final and conclusive court decision, 
effective as of the publication date of this notice, we are amending 
the Final Results and revising the weighted average dumping margins for 
Wuhan Bee Healthy Co., Ltd. (``Wuhan Bee''):

                           Honey From the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin  (Percent)
------------------------------------------------------------------------
Wuhan Bee...........................................              101.48
------------------------------------------------------------------------

    We have calculated Wuhan Bee's company-specific antidumping margin 
as 101.48 percent. See the Memorandum to the File from Bobby Wong, 
``Analysis Memorandum for the Draft Results of the Redetermination of 
the Wage Rate Remand for Antidumping Duty Administrative Review of 
Honey from the People's Republic of China for Wuhan Bee Healthy Co., 
Ltd.,'' dated September 6, 2007 (``Draft Results Analysis Memo''). 
There have been no changes to this analysis for these amended final 
results. In accordance with the Department's practice of applying 
importer-specific assessment rates, we will instruct United States 
Customs and Border Protection (``CBP'') to apply the importer-specific 
assessment rate for Wuhan Bee's exports to the United States. See Draft 
Results Analysis Memo at Attachment 2. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after the 
publication of the final results of this review.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: September 8, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-21979 Filed 9-18-08; 8:45 am]
BILLING CODE 3510-DS-S