Endangered and Threatened Species; Recovery Plans; Correction, 65516-65517 [E9-29477]
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Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
1990) (Timken), the Department is
notifying the public that the final
judgment in this case is not in harmony
with the Department’s final results of
the administrative review of the
antidumping duty order on certain steel
concrete reinforcing bars (rebar) from
Turkey covering the period of review
(POR) of April 1, 2003, through March
31, 2004. See Certain Steel Concrete
Reinforcing Bars From Turkey; Final
Results, Rescission of Antidumping
Duty Administrative Review in Part, and
Determination To Revoke in Part, 70 FR
67665 (Nov. 8, 2005) (Final Results).
EFFECTIVE DATE: December 10, 2009.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood, AD/CVD
Operations, Office 2, Import
Administration-International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC, 20230;
telephone (202) 482–3874.
SUPPLEMENTARY INFORMATION:
quarterly or POR-average costs for Habas
in this case.
On September 8, 2009, the
Department issued its final results of
redetermination pursuant to the CIT’s
June 15, 2009, ruling. The remand
redetermination explained that, in
accordance with the CIT’s instructions,
the Department reconsidered its use of
POR cost data and as a result it
recalculated the margin for Habas using
quarterly costs. Further, the Department
adopted an alternative methodology for
the recovery-of-cost test and eliminated
the 90/60 day window period for priceto-price comparisons to prevent
distortions as a result of the use of
quarterly costs.
The Department’s redeterminations
resulted in changes to the Final Results
weighted-average margin for Habas from
26.07 percent to 5.58 percent.
Background
On November 8, 2005, the Department
published its final results in the
antidumping duty administrative review
of rebar from Turkey covering the POR
of April 1, 2003, through March 31,
2004. See Final Results. In the Final
Results, the Department followed its
normal practice of using POR weightedaverage costs in its margin calculations
for all companies, instead of quarterlyaverage costs as requested by one
respondent, Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S. (Habas). In
addition, in the Final Results, the
Department based the U.S. date of sale
for each respondent on the earlier of
shipment date or invoice date, contrary
to Habas’ request to use contract date as
its U.S. date of sale.
On November 15, 2007, the CIT
remanded two issues to the Department
for reconsideration related to the Final
Results for Habas:1) using POR
weighted-average costs versus quarterlyaverage costs in its margin calculations;
and 2) basing the U.S. date of sale on
invoice date versus contract date. On
March 3, 2008, the Department issued
its final results of redetermination
pursuant to the CIT’s November 15,
2007, ruling.
On June 15, 2009, the CIT affirmed
the Department’s determination to use
contract date as the date of sale for
Habas’ U.S. sales. However, the CIT also
determined that the Department’s Final
Results were not supported by
substantial evidence on the record with
respect to the agency’s cost test. Thus,
it remanded to the Department once
again whether it is appropriate to use
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 on November 23,
2009, 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 Habas 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.
VerDate Nov<24>2008
17:19 Dec 09, 2009
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Timken Notice
Dated: December 4, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E9–29468 Filed 12–9–09; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XR39
Endangered and Threatened Species;
Recovery Plans; Correction
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Extension of public comment
period; correction.
SUMMARY: On November 24, 2009, we,
NMFS, announced an extension of the
public comment period for the Draft
Central Valley Salmon and Steelhead
Recovery Plan (Draft Plan). The Draft
Plan addresses the Sacramento River
winter-run Chinook salmon
(Oncorhynchus tshawytscha)
Evolutionarily Significant Unit (ESU),
the Central Valley spring-run Chinook
salmon (O. tshawytscha) ESU, and the
Distinct Population Segment (DPS) of
Central Valley Steelhead (Oncorhynchus
mykiss). In response to requests for an
extension of the public comment period,
we extended the comment period for the
proposed action an additional 60 days,
but the new comment due date and zip
code for written comments were
incorrect. The correct end date for
submission of comments is February 3,
2010, and correct zip code for written
comments is 95814.
FOR FURTHER INFORMATION CONTACT:
Howard Brown, NMFS Sacramento
River Basin Branch Chief at (916) 930–
3608 or Brian Ellrott at (916) 930–3612.
SUPPLEMENTARY INFORMATION:
Background
On November 24, 2009, we, NMFS,
announced an extension of the public
comment period for the Draft Central
Valley Salmon and Steelhead Recovery
Plan (Draft Plan) (74 FR 61329). NMFS
inadvertently published February 3,
2009 for the comment period end date,
and the correct end date should read, in
all instances, February 3, 2010. NMFS
also inadvertently published an
incorrect mailing address zip code, and
the correct zip code is 95814. The Draft
Plan addresses the Sacramento River
winter-run Chinook salmon
(Oncorhynchus tshawytscha)
Evolutionarily Significant Unit (ESU),
the Central Valley spring-run Chinook
salmon (O. tshawytscha) ESU, and the
Distinct Population Segment (DPS) of
Central Valley Steelhead (Oncorhynchus
mykiss). In response to requests for an
extension of the public comment period,
we extended the comment period for the
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Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices
proposed action an additional 60 days,
but the new comment due date and zip
code for written comments were
incorrect. On page 61329, third column,
under DATES, and on page 61330, first
column under SUPPLEMENTARY
INFORMATION, the correct date that
comments should be received by is
February 3, 2010. Also on page 61329,
third column under ADDRESSES, the
correct zip code is 95814.
Authority: 16 U.S.C. 1531 et seq.
Dated: December 7, 2009.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E9–29477 Filed 12–9–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839]
mstockstill on DSKH9S0YB1PROD with NOTICES
Certain Polyester Staple Fiber from the
Republic of Korea: Final Results of the
2007–2008 Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 9, 2009, the
Department of Commerce published the
preliminary results of the eighth
administrative review of the
antidumping duty order on certain
polyester staple fiber from the Republic
of Korea. The review covers the
shipments of subject merchandise to the
United States by Huvis Corporation.
Based on our analysis of the comments
received from interested parties, we
have made no changes for the final
results. The final weighted-average
dumping margins are listed below in the
‘‘Final Results of the Review’’ section of
this notice.
EFFECTIVE DATE: December 10, 2009.
FOR FURTHER INFORMATION CONTACT: Seth
Isenberg or Brandon Farlander, Office 1,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington DC 20230;
telephone: (202) 482–0588 and (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2009, the Department of
Commerce (‘‘the Department’’)
published Certain Polyester Staple Fiber
from the Republic of Korea: Preliminary
Results of the 2007/2008 Antidumping
VerDate Nov<24>2008
17:19 Dec 09, 2009
Jkt 220001
Duty Administrative Review, 74 FR
27281 (June 9, 2009) (‘‘Preliminary
Results’’) in the Federal Register.
From July 27 to July 31, 2009, the
Department conducted a verification of
Huvis Corporation’s (‘‘Huvis’’)
submitted cost information. The
Department reported its findings on
September 15, 2009. See Memorandum
to the File, ‘‘Verification of the Cost
Response of Huvis Corporation in the
Antidumping Review of Certain
Polyester Staple Fiber from the Republic
of Korea’’ dated September 15, 2009.
This report is on file in the
Department’s Central Records Unit
(‘‘CRU’’) in room 1117 of the main
Department building.
On September 18, 2009, the
Department published in the Federal
Register an extension of the time limit
for the completion of the final results of
this review until no later than December
7, 2009, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’), and 19 CFR
351.213(h)(2). See Certain Polyester
Staple Fiber from the Republic of Korea:
Extension of Time Limit for the Final
Results of the 2007–2008 Antidumping
Duty Administrative Review, 74 FR
47919 (September 18, 2009).
On September 28, 2009, Huvis filed a
case brief. On October 5, 2009, Invista,
S.a.r.L., and DAK Americas, LLC
(collectively, ‘‘the petitioners’’) filed a
rebuttal brief.
Scope of the Order
For the purposes of the order, the
product covered is certain polyester
staple fiber (‘‘PSF’’). PSF is defined as
synthetic staple fibers, not carded,
combed or otherwise processed for
spinning, of polyesters measuring 3.3
decitex (3 denier, inclusive) or more in
diameter. This merchandise is cut to
lengths varying from one inch (25 mm)
to five inches (127 mm). The
merchandise subject to the order may be
coated, usually with a silicon or other
finish, or not coated. PSF is generally
used as stuffing in sleeping bags,
mattresses, ski jackets, comforters,
cushions, pillows, and furniture.
Merchandise of less than 3.3 decitex
(less than 3 denier) currently classifiable
under the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’) at
subheading 5503.20.00.25 is specifically
excluded from the order. Also
specifically excluded from the order are
polyester staple fibers of 10 to 18 denier
that are cut to lengths of 6 to 8 inches
(fibers used in the manufacture of
carpeting). In addition, low-;melt PSF is
excluded from the order. Low-melt PSF
is defined as a bi-component fiber with
an outer sheath that melts at a
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65517
significantly lower temperature than its
inner core.
The merchandise subject to the order
is currently classifiable in the HTSUS at
subheadings 5503.20.00.45 and
5503.20.00.65. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under the order is dispositive.
Period of Review
The period of review (‘‘POR’’) is May
1, 2007, through April 30, 2008.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the December 7, 2009,
Issues and Decision Memorandum for
the Eighth Antidumping Duty
Administrative Review of Certain
Polyester Staple Fiber from the Republic
of Korea (‘‘Decision Memorandum’’),
which is hereby adopted by this notice.
Attached to this notice as an appendix
is a list of the issues which parties have
raised and to which we have responded
in the Decision Memorandum. 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 CRU. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Web. at
https://ia.itadoc.gov/frn/. The
paper copy and electronic version of the
Decision Memorandum are identical in
content.
Fair Value Comparisons
To determine whether sales of PSF
from the Republic of Korea to the
United States were made at less than
normal value (‘‘NV’’), we compared
export price (‘‘EP’’) to the NV. We
calculated EP, NV, constructed value
(‘‘CV’’), and the cost of production
(‘‘COP’’), based on the same
methodologies used in the Preliminary
Results.
Final Results of the Review
We find that the following margin
percentage exists for the period May 1,
2007, through April 30, 2008:
Manufacturer
Huvis Corporation .........
Weighted-average
margin percentage
1.50%
Assessment Rates
Huvis submitted evidence
demonstrating that it was the importer
of record for certain of its POR sales. We
examined the customs entry
documentation submitted by Huvis and
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[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65516-65517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29477]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XR39
Endangered and Threatened Species; Recovery Plans; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Extension of public comment period; correction.
-----------------------------------------------------------------------
SUMMARY: On November 24, 2009, we, NMFS, announced an extension of the
public comment period for the Draft Central Valley Salmon and Steelhead
Recovery Plan (Draft Plan). The Draft Plan addresses the Sacramento
River winter-run Chinook salmon (Oncorhynchus tshawytscha)
Evolutionarily Significant Unit (ESU), the Central Valley spring-run
Chinook salmon (O. tshawytscha) ESU, and the Distinct Population
Segment (DPS) of Central Valley Steelhead (Oncorhynchus mykiss). In
response to requests for an extension of the public comment period, we
extended the comment period for the proposed action an additional 60
days, but the new comment due date and zip code for written comments
were incorrect. The correct end date for submission of comments is
February 3, 2010, and correct zip code for written comments is 95814.
FOR FURTHER INFORMATION CONTACT: Howard Brown, NMFS Sacramento River
Basin Branch Chief at (916) 930-3608 or Brian Ellrott at (916) 930-
3612.
SUPPLEMENTARY INFORMATION:
Background
On November 24, 2009, we, NMFS, announced an extension of the
public comment period for the Draft Central Valley Salmon and Steelhead
Recovery Plan (Draft Plan) (74 FR 61329). NMFS inadvertently published
February 3, 2009 for the comment period end date, and the correct end
date should read, in all instances, February 3, 2010. NMFS also
inadvertently published an incorrect mailing address zip code, and the
correct zip code is 95814. The Draft Plan addresses the Sacramento
River winter-run Chinook salmon (Oncorhynchus tshawytscha)
Evolutionarily Significant Unit (ESU), the Central Valley spring-run
Chinook salmon (O. tshawytscha) ESU, and the Distinct Population
Segment (DPS) of Central Valley Steelhead (Oncorhynchus mykiss). In
response to requests for an extension of the public comment period, we
extended the comment period for the
[[Page 65517]]
proposed action an additional 60 days, but the new comment due date and
zip code for written comments were incorrect. On page 61329, third
column, under DATES, and on page 61330, first column under
SUPPLEMENTARY INFORMATION, the correct date that comments should be
received by is February 3, 2010. Also on page 61329, third column under
ADDRESSES, the correct zip code is 95814.
Authority: 16 U.S.C. 1531 et seq.
Dated: December 7, 2009.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9-29477 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-22-S
