House Ear Institute, et al.; Notice of Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes, 5820-5821 [E9-2181]

Download as PDF 5820 Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices (also known as Pangasius Pangasius), and Pangasius Micronemus. Frozen fish fillets are lengthwise cuts of whole fish. The fillet products covered by the scope include boneless fillets with the belly flap intact (‘‘regular’’ fillets), boneless fillets with the belly flap removed (‘‘shank’’ fillets), boneless shank fillets cut into strips (‘‘fillet strips/finger’’), which include fillets cut into strips, chunks, blocks, skewers, or any other shape. Specifically excluded from the scope are frozen whole fish (whether or not dressed), frozen steaks, and frozen belly-flap nuggets. Frozen whole dressed fish are deheaded, skinned, and eviscerated. Steaks are bone-in, crosssection cuts of dressed fish. Nuggets are the belly-flaps. The subject merchandise will be hereinafter referred to as frozen ‘‘basa’’ and ‘‘tra’’ fillets, which are the Vietnamese common names for these species of fish. These products are classifiable under tariff article codes 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’).1 This Order covers all frozen fish fillets meeting the above specification, regardless of tariff classification. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the Order is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the ‘‘Issues and Decision Memorandum’’ (‘‘Decision Memorandum’’) from John M. Andersen, Acting Deputy Assistant Secretary for Import Administration, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit in room 1117 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on fish fillets from Vietnam would be likely to lead to continuation or recurrence of dumping at the following weightedaverage percentage margins: Weightedaverage margin (percent) Manufacturers/exporters/producers dwashington3 on PROD1PC60 with NOTICES An Giang Fisheries Import and Export Joint Stock Company (‘‘Agifish’’) ............................................................................................... Vinh Hoan Company Limited (‘‘Vinh Hoan’’) ........................................................................................................................................... Nam Viet Company Limited (‘‘Nam Viet’’) ............................................................................................................................................... Can Tho Agricultural and Animal Products Import Export Company (‘‘CATACO’’) ................................................................................ An Giang Agriculture and Food Import Export Company (‘‘Afiex’’) ........................................................................................................ Can Tho Animal Fishery Products Processing Export Enterprise (‘‘CAFATEX’’) ................................................................................... Da Nang Seaproducts Import-Export Corporation (‘‘Da Nang’’) ............................................................................................................. Mekongfish Company (‘‘Mekonimex’’) ..................................................................................................................................................... QVD Food Company Limited (‘‘QVD’’) .................................................................................................................................................... Viet Hai Seafood Company Limited (‘‘Viet Hai’’) ..................................................................................................................................... Vinh Long Import-Export Company (‘‘Vinh Long’’) .................................................................................................................................. Vietnam-Wide .......................................................................................................................................................................................... 47.05 36.84 53.68 45.81 45.55 45.55 45.55 45.55 45.55 45.55 45.55 63.88 This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with section 351.305 of the Department’s regulations. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: January 27, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–2195 Filed 1–30–09; 8:45 am] This is a decision consolidated pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5 p.m. in Room 2104, U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, DC. Docket Number: 08–055. Applicant: House Ear Institute, Los Angeles, CA 90057. Instrument: Electron Microscope, Model Technai G2 20 TEM. Manufacturer: FEI Company, Czech Republic. Intended Use: See notice at 73 FR 74703, December 9, 2008. Docket Number: 08–057. Applicant: Louisiana State University, Baton Rouge, LA 70803. Instrument: Electron Microscope, Model FEI Quanta 3D FEG DualBeam. Manufacturer: FEI Company, the Netherlands. Intended Use: See notice at 73 FR 70961, November 24, 2008. 1 Until July 1, 2004, these products were classifiable under tariff article codes 0304.20.60.30 (Frozen Catfish Fillets), 0304.20.60.96 (Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of the HTSUS. Until February 1, 2007, these products were classifiable under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the HTSUS. VerDate Nov<24>2008 15:03 Jan 30, 2009 Jkt 217001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration House Ear Institute, et al.; Notice of Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices Docket Number: 08–058. Applicant: University of New Mexico, Albuquerque, NM 87131. Instrument: Electron Microscope, Model FEI Quanta 3D FEG Focused Ion Beam. Manufacturer: FEI Company, the Netherlands. Intended Use: See notice at 73 FR 70961, November 24, 2008. Comments: None received. Decision: Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as these instruments are intended to be used, was being manufactured in the United States at the time the instruments were ordered. Reasons: Each foreign instrument is an electron microscope and is intended for research or scientific educational uses requiring an electron microscope. We know of no electron microscope, or any other instrument suited to these purposes, which was being manufactured in the United States at the time of order of each instrument. Dated: January 26, 2009. Christopher D. Cassel, Acting Director, Subsidies Enforcement Office, Import Administration. [FR Doc. E9–2181 Filed 1–30–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration dwashington3 on PROD1PC60 with NOTICES Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with December anniversary dates. In accordance with our regulations, we are initiating those administrative reviews. The Department also received requests to revoke one antidumping duty order in part. DATES: Effective Date: February 2, 2009. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482–4737. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of VerDate Nov<24>2008 15:03 Jan 30, 2009 Jkt 217001 various antidumping and countervailing duty orders and findings with December anniversary dates. The Department also received timely requests to revoke in part the antidumping duty order on Honey from Argentina with respect to two exporters. Notice of No Sales Under 19 CFR 351.213(d)(3), the Department may rescind a review where there are no exports, sales, or entries of subject merchandise during the respective period of review (POR) listed below. If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the POR, it should notify the Department within 30 days of publication of this notice in the Federal Register. The Department will consider rescinding the review only if the producer or exporter, as appropriate, submits a properly filed and timely statement certifying that it had no exports, sales, or entries of subject merchandise during the POR. All submissions must be made in accordance with 19 CFR 351.303 and are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Six copies of the submission should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on every party on the Department’s service list. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the POR. We intend to release the CBP data under Administrative Protective Order (APO) to all parties having an APO within five days of publication of this initiation notice and to make our decision regarding respondent selection within 20 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within 10 calendar days of publication of this Federal Register notice. Separate Rates In proceedings involving non-market economy (NME) countries, the Department begins with a rebuttable presumption that all companies within PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 5821 the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, the Department analyzes each entity exporting the subject merchandise under a test arising from the Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991), as amplified by Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2, 1994). In accordance with the separate-rates criteria, the Department assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities. All firms listed below that wish to qualify for separate-rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate-rate application or certification, as described below. For these administrative reviews, in order to demonstrate separate-rate eligibility, the Department requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on the Department’s Web site at http://ia.ita.doc.gov/nme.nme-seprate.html on the date of publication of this Federal Register notice. In responding to the certification, please follow the ‘‘Instructions for Filing the Certification’’ in the Separate Rate Certification. Separate Rate Certifications are due to the Department no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers who purchase and export subject merchandise to the United States. For entities that have not previously been assigned a separate rate, to demonstrate eligibility for such, the Department requires a Separate Rate Status Application. The Separate Rate E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Notices]
[Pages 5820-5821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2181]


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DEPARTMENT OF COMMERCE

International Trade Administration


House Ear Institute, et al.; Notice of Consolidated Decision on 
Applications for Duty-Free Entry of Electron Microscopes

    This is a decision consolidated pursuant to Section 6(c) of the 
Educational, Scientific, and Cultural Materials Importation Act of 1966 
(Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR 
part 301). Related records can be viewed between 8:30 a.m. and 5 p.m. 
in Room 2104, U.S. Department of Commerce, 14th and Constitution 
Avenue, NW., Washington, DC.
    Docket Number: 08-055. Applicant: House Ear Institute, Los Angeles, 
CA 90057. Instrument: Electron Microscope, Model Technai G2 20 TEM. 
Manufacturer: FEI Company, Czech Republic. Intended Use: See notice at 
73 FR 74703, December 9, 2008.
    Docket Number: 08-057. Applicant: Louisiana State University, Baton 
Rouge, LA 70803. Instrument: Electron Microscope, Model FEI Quanta 3D 
FEG DualBeam. Manufacturer: FEI Company, the Netherlands. Intended Use: 
See notice at 73 FR 70961, November 24, 2008.

[[Page 5821]]

    Docket Number: 08-058. Applicant: University of New Mexico, 
Albuquerque, NM 87131. Instrument: Electron Microscope, Model FEI 
Quanta 3D FEG Focused Ion Beam. Manufacturer: FEI Company, the 
Netherlands. Intended Use: See notice at 73 FR 70961, November 24, 
2008.
    Comments: None received. Decision: Approved. No instrument of 
equivalent scientific value to the foreign instrument, for such 
purposes as these instruments are intended to be used, was being 
manufactured in the United States at the time the instruments were 
ordered. Reasons: Each foreign instrument is an electron microscope and 
is intended for research or scientific educational uses requiring an 
electron microscope. We know of no electron microscope, or any other 
instrument suited to these purposes, which was being manufactured in 
the United States at the time of order of each instrument.

    Dated: January 26, 2009.
Christopher D. Cassel,
Acting Director, Subsidies Enforcement Office, Import Administration.
 [FR Doc. E9-2181 Filed 1-30-09; 8:45 am]
BILLING CODE 3510-DS-P