Brake Rotors from the People's Republic of China: Notice of Amended Final Results of Administrative Review Pursuant to Court Decision, 15253-15254 [E9-7522]
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Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices
Products
NSN: 7520–01–483–8986—Presentation
Sheets, ‘‘SmartChart Pro’’.
NPA: The Lighthouse for the Blind, Inc.
(Seattle Lighthouse), Seattle, WA.
Contracting Activity: GSA/FSS OFC SUP
Ctr—Paper Products, New York, NY.
to procure the products listed below
from nonprofit agencies employing
persons who are blind or have other
severe disabilities.
Regulatory Flexibility Act Certification
Services
Service Type/Location:
Recycling/Recovery Service, McConnell,
22 CONS/LGC, McConnell AFB, KS.
NPA: MCDS Federal Contracting, Inc.,
McPherson, KS.
Contracting Activity: Dept of the Air Force,
FA4621 22 CONS LGC, McConnell AFB,
KS.
Support Service (Recreation Aide), Altus
Air Force Base: 97th Air Mobility Wing,
303 J Avenue, Bldg. 302, Altus AFB, OK.
NPA: Dale Rogers Training Center, Inc.,
Oklahoma City, OK.
Contracting Activity: Dept of the Air Force,
FA4419 97 CONS CC, Altus AFB, OK.
Barry S. Lineback,
Director, Business Operations.
[FR Doc. E9–7538 Filed 4–2–09; 8:45 am]
BILLING CODE 6353–01–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Additions
AGENCY: Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to the
Procurement List.
The Committee is proposing
to add to the Procurement List products
to be furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities.
Comments Must Be Received on or
Before: 5/4/2009.
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:
Barry S. Lineback, Telephone: (703)
603–7740, Fax: (703) 603–0655, or email 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.
sroberts on PROD1PC70 with NOTICES
SUMMARY:
Additions
If the Committee approves the
proposed additions, the entities of the
Federal Government identified in this
notice for each product will be required
VerDate Nov<24>2008
16:07 Apr 02, 2009
Jkt 217001
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 products to the Government.
2. If approved, the action will 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 products 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
Products
NSN: 7510–00–NIB–0897—Rubber Band,
Sterling Grade, Size 33, 1 lb.
NSN: 7510–01–058–9974—Rubber Band,
Sterling Grade, Size 64, 1 lb.
NSN: 7510–00–NIB–0898—Rubber Band,
Sterling Grade, Size 117, 1 lb.
NSN: 7510–00–NIB–0899—Rubber Band,
Sterling Grade, Size 19, 1 lb.
NSN: 7510–00–NIB–0900—Rubber Band,
Sterling Grade, Size 32, 1 lb.
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Sterling Grade, Size 16, 1 lb.
NSN: 7510–00–NIB–0902—Rubber Band,
Sterling Grade, Size 18, 1 lb.
NSN: 7510–00–NIB–0903—Rubber Band,
Sterling Grade, Size 54 Asst, 1 lb.
NSN: 7510–00–NIB–0904—Big Band Pack,
Red.
Coverage: A-List for the total Government
requirement as aggregated by the General
Services Administration.
NSN: 7510–00–205–0371—Rubber Band,
Sterling Grade, Size 84, 1⁄4 lb.
NSN: 7510–00–205–0842—Rubber Band,
Sterling Grade, Size 33, 1⁄4 lb.
NSN: 7510–00–205–1438—Rubber Band,
Sterling Grade, Size 19, 1⁄4 lb.
NSN: 7510–00–205–1439—Rubber Band,
Sterling Grade, Size 16, 1⁄4 lb.
NSN: 7510–00–243–3434—Rubber Band,
Sterling Grade, Size 32, 1⁄4 lb.
NSN: 7510–00–243–3435—Rubber Band,
Sterling Grade, Size 64, 1⁄4 lb.
Frm 00014
Fmt 4703
NSN: 7510–00–243–3437—Rubber Band,
Sterling Grade, Size 18, 1⁄4 lb.
Coverage: B-List for the broad Government
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Services Administration.
NPA: Central Association for the Blind &
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Contracting Activity: Federal Acquisition
Service, GSA/FSS OFC SUP CTR—Paper
Products, New York, NY.
NSN: 7530–00–NIB–0883—Folder, File,
Reinforced (2-ply) Ltr Size Manila.
Coverage: A-List for the total Government
requirement as aggregated by the General
Services Administration.
NSN: 7530–00–NIB–0882—Folder, File,
Reinforced (2-ply) Ltr Size Manila.
Coverage: B-List for the broad Government
requirement as aggregated by the General
Services Administration.
NSN: 7530–00–NIB–0881—Folder, File,
Reinforced (2-ply) Ltr Size Manila.
Coverage: A-List for the total Government
requirement as aggregated by the General
Services Administration.
NPA: Central Association for the Blind &
Visually Impaired, Utica, NY.
Contracting Activity: Federal Acquisition
Service, GSA/FSS OFC SUP CTR—Paper
Products, New York, NY.
Barry S. Lineback,
Director, Business Operations.
[FR Doc. E9–7539 Filed 4–2–09; 8:45 am]
BILLING CODE 6353–01–P
The following products are proposed
for addition to Procurement List for
production by the nonprofit agencies
listed:
PO 00000
15253
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–846
Brake Rotors from the People’s
Republic of China: Notice of Amended
Final Results of Administrative Review
Pursuant to Court Decision
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 3, 2009.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: 202–482–0413.
SUPPLEMENTARY INFORMATION:
Background
The original publication of this notice
occurred on March 16, 2009. See Brake
Rotors from the People’s Republic of
China: Notice of Amended Final Results
of Administrative Review Sales at Less
Than Fair Value and Antidumping Duty
Order Pursuant to Court Decision, 74 FR
11081(March 16, 2009). Due to several
inadvertent errors in the Federal
E:\FR\FM\03APN1.SGM
03APN1
15254
Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices
Register notice, we are republishing the
notice in its entirety. Specifically, there
were errors in the title, the listed period
of review (‘‘POR’’) and two misspellings
in the ‘‘Amended Final Results’’ section.
This matter arose from a challenge to
the Final Results issued by the
Department of Commerce
(‘‘Department’’) for the period of review
(‘‘POR’’) April 1, 2004, through March
31, 2005.1 See Brake Rotors from the
People’s Republic of China: Final
Results and Partial Rescission of the
2004/2005 Administrative Review and
Notice of Rescission of 2004/2005 New
Shipper Review, 71 FR 66304
(November 14, 2006) (‘‘Final Results’’).
Following publication of the Final
Results, the Respondents2 filed a
lawsuit with the Court of International
Trade (‘‘CIT’’) challenging the
Department’s Final Results. The
Respondents contested several aspects
of the Final Results, including the
Department’s surrogate valuation for
steel scrap.
On June 26, 2008, the CIT directed the
Department to: 1) explain whether the
rejected rotors, casting strands/handles,
etc., reintroduced into the production
process should be properly accounted
for in the factor of production
‘‘STLSCRAP’’; 2) address the issue of
the composition of the predominant
scrap used in the production process; 3)
address respondents’ argument that the
Department should be solely focusing
on the type of scrap the Respondents
reported in the factor field
‘‘STLSCRAP’’; and 4) explain whether
the Department has in fact reassessed its
position in subsequent reviews as to the
proper harmonized tariff schedule
(‘‘HTS’’) classification of the
Respondents’ scrap. See Laizhou Auto
Brake Equipment Company, et. al. v.
United States, Court No. 06–00430, Slip
Op. 08–71 (CIT June 26, 2008)
(‘‘Laizhou I’’), at 17–18. Pursuant to the
CIT’s remand instructions, we
reexamined the record and determined
that the best available information on
the record with which to value steel
scrap is HTS 7204.49.00 (other ferrous
waste and scrap (‘‘ferrous scrap’’)),
rather than HTS 7204.10.00 (waste and
scrap of cast iron (‘‘cast iron scrap’’))
which was used in the Final Results.
The Department released the Draft
Results of Redetermination Pursuant to
Court Remand to interested parties on
September 8, 2008. No party submitted
comments. On September 24, 2008, the
Department filed its final results of
redetermination pursuant to Laizhou I
with the CIT. See Final Results of
Redetermination Pursuant to Court
Remand, Court No. 06–00430
(September 24, 2008) (‘‘Final
Redetermination’’). In responding to the
CIT’s questions and reassessing the
record evidence, we have determined it
appropriate to value steel scrap using
HTS 7204.49.00 (ferrous scrap), instead
of the previously selected value, HTS
7204.10.00 (cast iron scrap). We note
that respondents reported purchasing
steel scrap that is captured under HTS
7204.49.00, and there is no record
evidence which contradicts this
assertion. The Department valued HTS
7204.49.00 using publicly available
Indian import statistics for the POR
from the World Trade Atlas (‘‘WTA’’).3
Thus, the Department revised, as
appropriate, the remanded steel scrap
surrogate value selection components of
the margin calculations of Longkou
Haimeng Machinery Co., Ltd. and
Hongfa Machinery (Dalian) Co., Ltd. The
Department also revised the ‘‘sample
rate’’ applicable to the non–mandatory
respondents separate from the PRC–
wide entity who are parties to this
litigation: Laizhou Auto Brake
Equipment Co., Ltd.; Laizhou City Luqi
Machinery Co., Ltd.; Laizhou Hongda
Auto Replacement Parts Co., Ltd.; and
Qingdao Gren (Group) Co.4 On
November 5, 2008, the CIT sustained all
aspects of the remand redetermination
made by the Department pursuant to the
CIT’s remand of the Final Results. See
Laizhou II.
On November 21, 2008, consistent
with the decision in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir.
1990), the Department notified the
public that the Court’s decision was not
in harmony with the Department’s final
results. See Brake Rotors Timken
Notice. See Brake Rotors from the
People’s Republic of China: Notice of
Court Decision Not In Harmony With
Final Results of Administrative Review,
73 FR 70618 (November 21, 2008) . No
party appealed the CIT’s decision. As
there is now a final and conclusive
court decision in this case, we are
amending our Final Results.
Amended Final Results
As the litigation in this case has
concluded, the Department is amending
the Final Results to reflect the results of
our remand determination. The revised
dumping margins for the order on brake
rotors in the amended final results are
as follows:
Exporter
Hongfa Machinery
(Dalian) Co. ...............
Laizhou Auto Brake
Equipment Company
Laizhou Luqi Machinery
Co., Ltd. ....................
Laizhou Hongda Auto
Replacement Parts
Co., Ltd. ....................
Longkou Haimeng Machinery Co., Ltd. ........
Qingdao Gren (Group)
Co. .............................
Margin
0.01% (de minimis)
6.20%
6.20%
6.20%
0.01% (de minimis)
6.20%
The Department intends to issue
instructions to U.S. Customs and Border
Protection (‘‘CBP’’) fifteen days after
publication of this notice, to revise the
cash deposit rates for the companies
listed above, effective as of the
publication date of this notice. In
addition, we will also instruct CBP to
liquidate all entries at the appropriate
rates.
This notice is published in
accordance with sections 751(a)(1) and
777(i) of the Tariff Act of 1930, as
amended.
Dated: March 27, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–7522 Filed 4–2–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
sroberts on PROD1PC70 with NOTICES
1 We
note that the Court of International Trade
cited an incorrect POR of April 1, 2005, through
May 31, 2006 in its decision. See Laizhou Auto
Brake Equipment Company, et. al. v. United States,
Court No. 06–00430, Slip Op. 08–120 (CIT
November 5, 2008) (‘‘Laizhou II’’). The CIT
corrected this error on February 20, 2009. See
Laizhou II Errata, dated February 20, 2009.
2 The Respondents referenced here are Longkou
Haimeng Machinery Co., Ltd., Hongfa Machinery
(Dalian) Co., Ltd., Laizhou Auto Brake Equipment
Co., Ltd., Laizhou City Luqi Machinery Co., Ltd.,
Laizhou Hongda Auto Replacement Parts Co., Ltd.,
and Qingdao Gren (Group) Co.
VerDate Nov<24>2008
16:07 Apr 02, 2009
Jkt 217001
3 WTA
is published by Global Trade Information
Services, Inc., which is a secondary electronic
source based upon the publication, Monthly
Statistics of the Foreign Trade of India, Volume II:
Imports. See https://www.gtis.com/wta.htm.
4 For the sample rate calculation which includes
other mandatory respondents, please see Memo to
the File, through Scot T. Fullerton, Program
Manager, Office 9, from Toni Dach, International
Trade Compliance Analyst, Office 9, Regarding
‘‘Calculation of the ‘Sample Rate’ for the Draft
Redetermination of the 2004/2005 Administrative
Review of Brake Rotors from the People’s Republic
of China,’’ dated September 8, 2008.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Request for Public Comment on the
Wholly Formed Requirement for
Qualifying Woven Fabric Under the
Dominican Republic Earned Import
Allowance Program
AGENCY: Department of Commerce,
International Trade Administration,
Office of Textiles and Apparel.
ACTION: Request for public comment on
the wholly formed requirement for
E:\FR\FM\03APN1.SGM
03APN1
Agencies
[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Pages 15253-15254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7522]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-846
Brake Rotors from the People's Republic of China: Notice of
Amended Final Results of Administrative Review Pursuant to Court
Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 3, 2009.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: 202-482-0413.
SUPPLEMENTARY INFORMATION:
Background
The original publication of this notice occurred on March 16, 2009.
See Brake Rotors from the People's Republic of China: Notice of Amended
Final Results of Administrative Review Sales at Less Than Fair Value
and Antidumping Duty Order Pursuant to Court Decision, 74 FR
11081(March 16, 2009). Due to several inadvertent errors in the Federal
[[Page 15254]]
Register notice, we are republishing the notice in its entirety.
Specifically, there were errors in the title, the listed period of
review (``POR'') and two misspellings in the ``Amended Final Results''
section.
This matter arose from a challenge to the Final Results issued by
the Department of Commerce (``Department'') for the period of review
(``POR'') April 1, 2004, through March 31, 2005.\1\ See Brake Rotors
from the People's Republic of China: Final Results and Partial
Rescission of the 2004/2005 Administrative Review and Notice of
Rescission of 2004/2005 New Shipper Review, 71 FR 66304 (November 14,
2006) (``Final Results''). Following publication of the Final Results,
the Respondents\2\ filed a lawsuit with the Court of International
Trade (``CIT'') challenging the Department's Final Results. The
Respondents contested several aspects of the Final Results, including
the Department's surrogate valuation for steel scrap.
---------------------------------------------------------------------------
\1\ We note that the Court of International Trade cited an
incorrect POR of April 1, 2005, through May 31, 2006 in its
decision. See Laizhou Auto Brake Equipment Company, et. al. v.
United States, Court No. 06-00430, Slip Op. 08-120 (CIT November 5,
2008) (``Laizhou II''). The CIT corrected this error on February 20,
2009. See Laizhou II Errata, dated February 20, 2009.
\2\ The Respondents referenced here are Longkou Haimeng
Machinery Co., Ltd., Hongfa Machinery (Dalian) Co., Ltd., Laizhou
Auto Brake Equipment Co., Ltd., Laizhou City Luqi Machinery Co.,
Ltd., Laizhou Hongda Auto Replacement Parts Co., Ltd., and Qingdao
Gren (Group) Co.
---------------------------------------------------------------------------
On June 26, 2008, the CIT directed the Department to: 1) explain
whether the rejected rotors, casting strands/handles, etc.,
reintroduced into the production process should be properly accounted
for in the factor of production ``STLSCRAP''; 2) address the issue of
the composition of the predominant scrap used in the production
process; 3) address respondents' argument that the Department should be
solely focusing on the type of scrap the Respondents reported in the
factor field ``STLSCRAP''; and 4) explain whether the Department has in
fact reassessed its position in subsequent reviews as to the proper
harmonized tariff schedule (``HTS'') classification of the Respondents'
scrap. See Laizhou Auto Brake Equipment Company, et. al. v. United
States, Court No. 06-00430, Slip Op. 08-71 (CIT June 26, 2008)
(``Laizhou I''), at 17-18. Pursuant to the CIT's remand instructions,
we reexamined the record and determined that the best available
information on the record with which to value steel scrap is HTS
7204.49.00 (other ferrous waste and scrap (``ferrous scrap'')), rather
than HTS 7204.10.00 (waste and scrap of cast iron (``cast iron
scrap'')) which was used in the Final Results.
The Department released the Draft Results of Redetermination
Pursuant to Court Remand to interested parties on September 8, 2008. No
party submitted comments. On September 24, 2008, the Department filed
its final results of redetermination pursuant to Laizhou I with the
CIT. See Final Results of Redetermination Pursuant to Court Remand,
Court No. 06-00430 (September 24, 2008) (``Final Redetermination''). In
responding to the CIT's questions and reassessing the record evidence,
we have determined it appropriate to value steel scrap using HTS
7204.49.00 (ferrous scrap), instead of the previously selected value,
HTS 7204.10.00 (cast iron scrap). We note that respondents reported
purchasing steel scrap that is captured under HTS 7204.49.00, and there
is no record evidence which contradicts this assertion. The Department
valued HTS 7204.49.00 using publicly available Indian import statistics
for the POR from the World Trade Atlas (``WTA'').\3\ Thus, the
Department revised, as appropriate, the remanded steel scrap surrogate
value selection components of the margin calculations of Longkou
Haimeng Machinery Co., Ltd. and Hongfa Machinery (Dalian) Co., Ltd. The
Department also revised the ``sample rate'' applicable to the non-
mandatory respondents separate from the PRC-wide entity who are parties
to this litigation: Laizhou Auto Brake Equipment Co., Ltd.; Laizhou
City Luqi Machinery Co., Ltd.; Laizhou Hongda Auto Replacement Parts
Co., Ltd.; and Qingdao Gren (Group) Co.\4\ On November 5, 2008, the CIT
sustained all aspects of the remand redetermination made by the
Department pursuant to the CIT's remand of the Final Results. See
Laizhou II.
---------------------------------------------------------------------------
\3\ WTA is published by Global Trade Information Services, Inc.,
which is a secondary electronic source based upon the publication,
Monthly Statistics of the Foreign Trade of India, Volume II:
Imports. See https://www.gtis.com/wta.htm.
\4\ For the sample rate calculation which includes other
mandatory respondents, please see Memo to the File, through Scot T.
Fullerton, Program Manager, Office 9, from Toni Dach, International
Trade Compliance Analyst, Office 9, Regarding ``Calculation of the
`Sample Rate' for the Draft Redetermination of the 2004/2005
Administrative Review of Brake Rotors from the People's Republic of
China,'' dated September 8, 2008.
---------------------------------------------------------------------------
On November 21, 2008, consistent with the decision in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified
the public that the Court's decision was not in harmony with the
Department's final results. See Brake Rotors Timken Notice. See Brake
Rotors from the People's Republic of China: Notice of Court Decision
Not In Harmony With Final Results of Administrative Review, 73 FR 70618
(November 21, 2008) . No party appealed the CIT's decision. As there is
now a final and conclusive court decision in this case, we are amending
our Final Results.
Amended Final Results
As the litigation in this case has concluded, the Department is
amending the Final Results to reflect the results of our remand
determination. The revised dumping margins for the order on brake
rotors in the amended final results are as follows:
------------------------------------------------------------------------
Exporter Margin
------------------------------------------------------------------------
Hongfa Machinery (Dalian) Co........................ 0.01% (de minimis)
Laizhou Auto Brake Equipment Company................ 6.20%
Laizhou Luqi Machinery Co., Ltd..................... 6.20%
Laizhou Hongda Auto Replacement Parts Co., Ltd...... 6.20%
Longkou Haimeng Machinery Co., Ltd.................. 0.01% (de minimis)
Qingdao Gren (Group) Co............................. 6.20%
------------------------------------------------------------------------
The Department intends to issue instructions to U.S. Customs and
Border Protection (``CBP'') fifteen days after publication of this
notice, to revise the cash deposit rates for the companies listed
above, effective as of the publication date of this notice. In
addition, we will also instruct CBP to liquidate all entries at the
appropriate rates.
This notice is published in accordance with sections 751(a)(1) and
777(i) of the Tariff Act of 1930, as amended.
Dated: March 27, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-7522 Filed 4-2-09; 8:45 am]
BILLING CODE 3510-DS-S