Hand Trucks and Certain Parts Thereof From The People's Republic of China: Notice of Decision of the Court of International Trade Not in Harmony, 4769-4770 [2010-1866]
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4769
Notices
Federal Register
Vol. 75, No. 19
Friday, January 29, 2010
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Availability of Grant Funds and
Proposed Implementation Guidelines;
Withdrawal of Solicitation for the
Marine Aquaculture Initiative
AGENCY: National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of withdrawal.
The National Oceanic and
Atmospheric Administration publishes
this notice to announce the withdrawal
of the solicitation of applications for the
NOAA Marine Aquaculture Initiative
2010, which was published in the
NOAA ‘‘Availability of Grant Funds for
Fiscal Year 2010’’ on January 19, 2010.
A new funding opportunity with revised
requirements and goals is under
development and will be published in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Dr.
Gene Kim, National Sea Grant College
Program, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, SSMC3, R/SG, Silver
Spring, Maryland 20910, (301) 734–
1281.
SUPPLEMENTARY INFORMATION: On
January 19, 2010, the National Oceanic
and Atmospheric Administration
published its annual notice entitled
‘‘Availability of Grant Funds for Fiscal
Year 2010’’ (75 FR 3092). Included in
that notice, beginning on page 3110, was
a solicitation of applications for the
NOAA Marine Aquaculture Initiative
2010 (Catalog of Federal Domestic
Assistance Number: 11.417, Sea Grant
Support).
NOAA publishes this notice to
announce that it is withdrawing the
solicitation of applications for the
program, due to incorrect guidance
being published. A new funding
opportunity with revised requirements
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SUMMARY:
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and goals is under development and
will be published in the Federal
Register. Any applications received by
the program will be returned to the
applicant.
Classification Executive Order 12866:
It has been determined that this notice
is not significant for purposes of
Executive Order 12866.
Administrative Procedure Act/
Regulatory Flexibility Act: Prior notice
and an opportunity for public comment
are not required by the Administrative
Procedure Act or any other law for rules
concerning public property, grants,
benefits, and contracts (5 U.S.C.
553(a)(2)). Because notice and
opportunity for comments are not
required pursuant to U.S.C. 553 or any
other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are inapplicable. Therefore,
a regulatory flexibility analysis is not
required and none has been prepared.
Dated: January 25, 2010.
Mark E. Brown,
Chief Financial Officer/Chief Administrative
Officer, Office of Oceanic and Atmospheric
Research, National Oceanic and Atmospheric
Administration.
[FR Doc. 2010–1954 Filed 1–28–10; 8:45 am]
BILLING CODE 3510–KA–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Certain Parts Thereof
From The People’s Republic of China:
Notice of Decision of the Court of
International Trade Not in Harmony
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 22, 2008, the
United States Court of International
Trade (‘‘CIT’’ or ‘‘Court’’) sustained the
final remand determination made by the
Department of Commerce (‘‘the
Department’’) pursuant to the Court’s
remand of the scope ruling of the
antidumping duty order on hand trucks
from the People’s Republic of China
(‘‘PRC’’). See Gleason Industrial
Products, Inc. v. United States, Ct. No.
06–00089, Slip Op. 08–115 (Ct. Int’l
Trade October 22, 2008) (‘‘Gleason III’’).
This case arises out of the Department’s
antidumping duty order on hand trucks
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and certain parts thereof from the
People’s Republic of China. The final
judgment in this case was not in
harmony with the Department’s
February 2006 final scope ruling.
DATES: Effective Date: November 1,
2008.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington DC 20230; telephone (202)
482–4243.
SUPPLEMENTARY INFORMATION: In
December 2004, the Department placed
an antidumping duty order on certain
varieties of hand trucks manufactured in
the People’s Republic of China. See
Antidumping Duty Order on Hand
Trucks and Certain Parts Thereof from
the People’s Republic of China, 69 FR
70122 (December 2, 2004) (‘‘Order’’). In
December 2005, Central Purchasing,
LLC (‘‘Central Purchasing’’), requested
the Department to determine whether
two of the welding carts that it
imported, models 93851 and 43615,
were within the scope of the order. See
Central Purchasing’s Scope Ruling
Request (December 19, 2005). The
Petitioners, Gleason Industrial Products,
Inc. and Precision Products, Inc.
(‘‘Gleason’’), responded that both models
of Central Purchasing’s carts should be
included within the scope of the Order.
See Gleason’s Response to Central
Purchasing’s Scope Request (January 4,
2006).
In an unpublished ruling, the
Department found that both models of
Central Purchasing’s carts were outside
the scope of the antidumping duty
order. See Memorandum from Hilary E.
Sadler, Case Analyst, though Wendy J.
Frankel, Office Director, to Stephen J.
Claeys, Acting Deputy Assistant
Secretary for AD/CVD Operations:
‘‘Final Scope Ruling for Central
Purchasing, LLC’s Two Models of
Welding Carts,’’ dated February 15, 2006
(‘‘Final Scope Ruling ’’).
On March 17, 2006, Gleason filed its
summons with the Court alleging that
the Final Scope Ruling was not
supported by substantial evidence or
otherwise in accordance with law. The
Department requested a voluntary
remand in November 2006 to reconsider
its original determination, which the
trial court granted. See Gleason Indus.
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4770
Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices
Prods., Inc. v. United States, Ct. No. 06–
00089, Slip Op. 07–40 (Ct. Int’l Trade
March 16, 2007) (‘‘Gleason I’’).
On first remand, the Department
reevaluated its position and determined
that both models of welding carts were
subject to the Order. The trial court
affirmed the first remand results for
model number 93851 in April 2008, but
remanded the matter to Commerce to
reexamine its findings for model 43615.
See Gleason Indus. Prods., Inc. v.
United States, 556 F. Supp. 2d 1344,
1347–49 (Ct. Int’l Trade 2008) (‘‘Gleason
II’’). Commerce subsequently issued a
second set of remand results in July
2008 in which it concluded that model
43615 lies outside of the scope of the
antidumping duty order on hand trucks
from the PRC. The trial court sustained
Commerce’s second remand results on
October 22, 2008. See Gleason III. The
United States Court of Appeals for the
Federal Circuit subsequently affirmed
the CIT’s judgment in November 2009.
See Gleason Indus. Prods. Inc. v. United
States, Ct. No. 2009–1150 (Fed. Cir.
November 4, 2009).
Timken Notice
jlentini on DSKJ8SOYB1PROD with NOTICES
In its decision in Timken Co., v.
United States, 893 F. 2d 337, 341 (Fed.
Cir. 1990) (‘‘Timken’’), the United States
Court of Appeals for the Federal Circuit
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. The Court’s decision in
Gleason III on October 22, 2008,
constitutes a final decision of that court
that is not in harmony with the
Department’s scope ruling. This notice
is effective as of November 1, 2008 and
is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will issue
revised instructions to U.S. Customs
and Border Protection if the Court’s
decision is not appealed or if it is
affirmed on appeal.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: January 22, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–1866 Filed 1–28–10; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT74
Fisheries of the Exclusive Economic
Zone Off Alaska; Recordkeeping and
Reporting Requirements; Public
Workshops
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a technical workshop.
SUMMARY: NMFS, the Alaska Region, the
Alaska Department of Fish and Game,
and the International Pacific Halibut
Commission will present a technical
workshop to instruct customers how to
use the eLandings Extensible Markup
Language interface.
DATES: The workshop will be held on
February 5, 2010, 9 a.m. to 5 p.m.,
Pacific Standard Time.
ADDRESSES: The workshop will be held
at the Silver Cloud Inn Lake Union,
1150 Fairview Avenue North, Seattle,
WA.
FOR FURTHER INFORMATION CONTACT:
Susan Hall, 907–586–7462.
This is a
technical workshop intended for
seafood industry software development
and information technology staff, thirdparty system developers, seafood
operations managers, and information
technology consultants. The Extensible
Markup Language (XML) interface is
designed to facilitate an exchange of
landings and production data between
eLandings and the organizations’
operational systems to facilitate onetime data entry.
There will be a morning and an
afternoon session. The morning session
will include an overview of the
eLandings and the XML interface, as
well as some hands-on experience
importing XML documents. The
afternoon session will consist of handson programming, tutorials
demonstrating tools, and useful
techniques for interface development.
The agenda and workshop materials
are under development but may be
reviewed at: https://elandings.alaska.
gov/confluence/display/tr/Agenda.
Due to the inclusion of hands-on
tutorials in both sessions, attendees
should bring a laptop with wireless
Internet capability. Programmers
attending the afternoon session can
review the Resources page at https://
elandings.alaska.gov/confluence/
display/tr/Resources and prepare their
SUPPLEMENTARY INFORMATION:
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development environment with the
tools, which we will demonstrate at the
workshop.
Special Accommodations
These workshops will be physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Susan Hall, 907–
586–7462, at least five working days
prior to the meeting date.
Dated: January 26, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–1875 Filed 1–26–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, Request for Revocation in
Part, and Deferral of Initiation of
Administrative Review
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 and to
defer the initiation of an administrative
review for the same antidumping duty
order.
EFFECTIVE DATE: January 29, 2010.
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) 482–4697.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with December
anniversary dates. The Department also
received a timely request to revoke in
part the antidumping duty order on
Honey from Argentina with respect to
one exporter. In addition, the
E:\FR\FM\29JAN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Notices]
[Pages 4769-4770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1866]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof From The People's Republic
of China: Notice of Decision of the Court of International Trade Not in
Harmony
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 22, 2008, the United States Court of International
Trade (``CIT'' or ``Court'') sustained the final remand determination
made by the Department of Commerce (``the Department'') pursuant to the
Court's remand of the scope ruling of the antidumping duty order on
hand trucks from the People's Republic of China (``PRC''). See Gleason
Industrial Products, Inc. v. United States, Ct. No. 06-00089, Slip Op.
08-115 (Ct. Int'l Trade October 22, 2008) (``Gleason III''). This case
arises out of the Department's antidumping duty order on hand trucks
and certain parts thereof from the People's Republic of China. The
final judgment in this case was not in harmony with the Department's
February 2006 final scope ruling.
DATES: Effective Date: November 1, 2008.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington DC 20230; telephone (202) 482-4243.
SUPPLEMENTARY INFORMATION: In December 2004, the Department placed an
antidumping duty order on certain varieties of hand trucks manufactured
in the People's Republic of China. See Antidumping Duty Order on Hand
Trucks and Certain Parts Thereof from the People's Republic of China,
69 FR 70122 (December 2, 2004) (``Order''). In December 2005, Central
Purchasing, LLC (``Central Purchasing''), requested the Department to
determine whether two of the welding carts that it imported, models
93851 and 43615, were within the scope of the order. See Central
Purchasing's Scope Ruling Request (December 19, 2005). The Petitioners,
Gleason Industrial Products, Inc. and Precision Products, Inc.
(``Gleason''), responded that both models of Central Purchasing's carts
should be included within the scope of the Order. See Gleason's
Response to Central Purchasing's Scope Request (January 4, 2006).
In an unpublished ruling, the Department found that both models of
Central Purchasing's carts were outside the scope of the antidumping
duty order. See Memorandum from Hilary E. Sadler, Case Analyst, though
Wendy J. Frankel, Office Director, to Stephen J. Claeys, Acting Deputy
Assistant Secretary for AD/CVD Operations: ``Final Scope Ruling for
Central Purchasing, LLC's Two Models of Welding Carts,'' dated February
15, 2006 (``Final Scope Ruling '').
On March 17, 2006, Gleason filed its summons with the Court
alleging that the Final Scope Ruling was not supported by substantial
evidence or otherwise in accordance with law. The Department requested
a voluntary remand in November 2006 to reconsider its original
determination, which the trial court granted. See Gleason Indus.
[[Page 4770]]
Prods., Inc. v. United States, Ct. No. 06-00089, Slip Op. 07-40 (Ct.
Int'l Trade March 16, 2007) (``Gleason I'').
On first remand, the Department reevaluated its position and
determined that both models of welding carts were subject to the Order.
The trial court affirmed the first remand results for model number
93851 in April 2008, but remanded the matter to Commerce to reexamine
its findings for model 43615. See Gleason Indus. Prods., Inc. v. United
States, 556 F. Supp. 2d 1344, 1347-49 (Ct. Int'l Trade 2008) (``Gleason
II''). Commerce subsequently issued a second set of remand results in
July 2008 in which it concluded that model 43615 lies outside of the
scope of the antidumping duty order on hand trucks from the PRC. The
trial court sustained Commerce's second remand results on October 22,
2008. See Gleason III. The United States Court of Appeals for the
Federal Circuit subsequently affirmed the CIT's judgment in November
2009. See Gleason Indus. Prods. Inc. v. United States, Ct. No. 2009-
1150 (Fed. Cir. November 4, 2009).
Timken Notice
In its decision in Timken Co., v. United States, 893 F. 2d 337, 341
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for
the Federal Circuit 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. The Court's decision in Gleason III on
October 22, 2008, constitutes a final decision of that court that is
not in harmony with the Department's scope ruling. This notice is
effective as of November 1, 2008 and is published in fulfillment of the
publication requirements of Timken. Accordingly, the Department will
issue revised instructions to U.S. Customs and Border Protection if the
Court's decision is not appealed or if it is affirmed on appeal.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: January 22, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-1866 Filed 1-28-10; 8:45 am]
BILLING CODE 3510-DS-P
