Export Trade Certificate of Review, 61783 [E8-24760]
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sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices
inferences, was warranted because the
evidence gathered at verification
established that China Kingdom Import
& Export Co. Ltd. (China Kingdom)
failed to report its total tail meat
production for the POR and eight of its
eleven factors of production for the
POR. Id. In applying total adverse facts
available, the Department chose to
assign to China Kingdom the highest
calculated rate from any segment of the
proceeding as the Department found
that China Kingdom failed to cooperate
to the best of its ability. Id. Therefore,
China Kingdom was assigned a rate of
223.01 percent the highest rate
calculated in any previous segment of
this proceeding. Id.
In China Kingdom Import & Export
Co., Ltd. v. United States, Consol. Ct.
No. 03–00302, Slip Op. 07–135 (CIT
September 4, 2007) (China Kingdom vs.
United States I), the CIT remanded the
Final Results, holding that the
Department’s application of the ‘‘facts
otherwise available’’ and ‘‘adverse
inference’’ provisions was not
supported by substantial record
evidence and was otherwise not in
accordance with law. The CIT directed
the Department to calculate and assign
China Kingdom a new antidumping
duty assessment rate using facts
available and adverse facts available
only to a limited extent. On March 3,
2008, the Department issued its final
results of redetermination pursuant to
China Kingdom vs. United States I. See
Results of Redetermination on Remand
Pursuant to China Kingdom Import &
Export Co. Ltd. v. United States (March
3, 2008). The remand redetermination
explained that, in accordance with the
CIT’s instructions, the Department
recalculated the assessment rate for
China Kingdom using a rate other than
the PRC–wide rate as total adverse facts
available. Specifically, the Department
calculated a dumping margin for China
Kingdom, utilizing the factor for each of
the eight erroneously reported factor
values (choosing between China
Kingdom’s February 27, 2002, and
November 16, 2007, responses) that is
adverse to China Kingdom. The
Department also utilized in its
calculations the three factors that China
Kingdom correctly reported. The
Department then compared U.S. sales
price to normal value, and calculated a
dumping margin for China Kingdom
utilizing information on the record. The
Department’s redetermination resulted
in a change in the Final Results
weighted–average margin for China
Kingdom from 223.01 percent to 90.66
percent.
VerDate Aug<31>2005
19:18 Oct 16, 2008
Jkt 217001
Timken Notice
In its decision in Timken, 893 F.2d at
341, the CAFC held that, pursuant to
section 516A(e) of the Tariff Act of
1930, as amended (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.
The CIT’s decision in China Kingdom v.
United States II on September 12, 2008,
constitutes a final decision of that 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 assess
antidumping duties on entries of the
subject merchandise during the POR
from China Kingdom based on the
revised assessment rates calculated by
the Department.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: October 8, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–24745 Filed 10–16–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 08–00008]
Export Trade Certificate of Review
Notice of Withdrawal of an
Application for an Export Trade
Certificate of Review Submitted by the
American Sugar Export Company LLC.
ACTION:
SUMMARY: On June 12, 2008, Export
Trading Company Affairs published a
notice in the Federal Register (73 FR
3394) of an application for an Export
Trade Certificate of Review submitted
by the American Sugar Export Company
LLC (ASEC). On October 8, 2008, ASEC
withdrew its application.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
61783
(202) 482–5131 (this is not a toll-free
number) or e-mail at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. Under the
regulations implementing Title III, an
applicant may withdraw an application
by written request at any time before the
Secretary has determined whether to
issue a certificate. 15 CFR 325.3(f).
Dated: October 14, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8–24760 Filed 10–16–08; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 070413090–8543–02]
Announcing Approval of Federal
Information Processing Standard
(FIPS) Publication 180–3, Secure Hash
Standard, a Revision of FIPS 180–2,
Secure Hash Standard
National Institute of Standards
and Technology (NIST), Commerce
Department.
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
Secretary of Commerce’s approval of
Federal Information Processing
Standard (FIPS) Publication 180–3,
Secure Hash Standard, a revision of
FIPS 180–2, Secure Hash Standard. The
FIPS specifies five secure hash
algorithms for use in computing a
condensed representation of electronic
data, or a message digest. Secure hash
algorithms are used with other
cryptographic algorithms, such as
digital signature algorithms and keyed
hash message authentication codes.
The revised FIPS incorporates the
four hash algorithms that had been
specified in FIPS 180–2, and includes
an additional algorithm that had been
specified in Change Notice 1 to FIPS
180–2. In addition, a basic description
of a truncation method that was
provided in the Change Notice has been
incorporated into the standard. Some
technical information in FIPS 180–2
about the security of the hash
algorithms may no longer be accurate, as
shown by recent research results, and it
is possible that further research may
indicate additional changes. Therefore,
the technical information has been
removed from the revised standard, and
will be provided in Special Publications
E:\FR\FM\17OCN1.SGM
17OCN1
]]>Agencies
[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Page 61783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24760]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 08-00008]
Export Trade Certificate of Review
ACTION: Notice of Withdrawal of an Application for an Export Trade
Certificate of Review Submitted by the American Sugar Export Company
LLC.
-----------------------------------------------------------------------
SUMMARY: On June 12, 2008, Export Trading Company Affairs published a
notice in the Federal Register (73 FR 3394) of an application for an
Export Trade Certificate of Review submitted by the American Sugar
Export Company LLC (ASEC). On October 8, 2008, ASEC withdrew its
application.
FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number) or e-mail
at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to
issue Export Trade Certificates of Review. Under the regulations
implementing Title III, an applicant may withdraw an application by
written request at any time before the Secretary has determined whether
to issue a certificate. 15 CFR 325.3(f).
Dated: October 14, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-24760 Filed 10-16-08; 8:45 am]
BILLING CODE 3510-DR-P
