Application(s) for Duty-Free Entry of Scientific Instruments, 62763-62764 [2010-25775]
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Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–801]
Ball Bearings and Parts Thereof From
Germany: Amended Final Results of
Antidumping Duty Administrative
Review Pursuant to a Court Decision
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 7, 2010, the United
States Court of International Trade (CIT)
sustained the Department of
Commerce’s (the Department) results of
redetermination on remand concerning
the final results of the administrative
review of the antidumping duty order
on ball bearings and parts thereof from
Germany. See SKF USA Inc. v. United
States, Slip Op. 10–76 (CIT 2010). The
Department is amending the final
results of the administrative review of
the antidumping duty order on ball
bearings and parts thereof from
Germany covering the period of review
May 1, 2006, through April 30, 2007, to
reflect the CIT’s order.
DATES: Effective Date: October 13, 2010.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Richard Rimlinger,
AD/CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–3477 or (202) 482–
4477.
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY:
Background
On September 11, 2008, the
Department published the final results
of the administrative reviews of the
antidumping duty orders on ball
bearings and parts thereof from France,
Germany, Italy, Japan, and the United
Kingdom for the period May 1, 2006,
through April 30, 2007. See Ball
Bearings and Parts Thereof From
France, Germany, Italy, Japan, and the
United Kingdom: Final Results of
Antidumping Duty Administrative
Reviews and Rescission of Reviews in
Part, 73 FR 52823 (September 11, 2008).
SKF USA Inc., SKF France S.A., SKF
Aerospace France S.A.S., SKF GmbH,1
and SKF Industrie S.p.A. filed a lawsuit
challenging certain aspects of the final
results. On December 21, 2009, the CIT
concluded that the Department acted
within its authority and according to
1 The CIT refers to the German company as ‘‘SKF
GmbH’’ in its decision. The Department refers to the
company as ‘‘SKF Germany’’ in its determination
and in this notice.
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law in requesting cost-of-production
(COP) data from SKF Germany’s
unaffiliated suppliers. See SKF USA Inc.
v. United States, 675 F. Supp. 2d 1264
(CIT 2009). The CIT also upheld the
Department’s decision to reject the COP
information submitted by SKF
Germany’s unaffiliated supplier as
untimely and to resort to facts otherwise
available. Specifically, the CIT stated
that ‘‘the Department has broad
authority to set, and extend, its
deadlines for submission of requested
information, but on the uncontested
facts of this case it acted within its
authority in deeming the COP data an
untimely submission.’’ Id. at 1272–74.
The CIT held, however, that ‘‘{the
Department} acted contrary to law in
drawing an inference adverse for SKF
{Germany} upon the failure of the
unaffiliated supplier to make a timely
submission of the requested COP data’’
without a finding that SKF Germany
had failed to act to the best of its ability.
Id. at 1268.
In its remand order, the CIT directed
the Department to recalculate SKF
Germany’s margin after redetermining
the value of the subject merchandise
SKF Germany obtained from the
unaffiliated supplier using information
that is not adverse to SKF Germany. Id.
at 1278. In accordance with the CIT’s
remand order, the Department filed its
redetermination on remand of the final
results (remand results) on March 16,
2010, in which the Department
recalculated the margin for SKF
Germany without use of an adverse
inference. On July 7, 2010, the CIT
affirmed the Department’s remand
results. See SKF USA Inc. v. United
States, Slip Op. 10–76 (CIT 2010).
Amended Final Results of the Review
Based on the remand results, the
amended weighted-average margin for
SKF Germany for the period May 1,
2006, through April 30, 2007, is 1.97
percent.
Assessment of Duties
The Department has determined, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
these amended final results. The
Department intends to issue liquidation
instructions to CBP 15 days after
publication of these amended final
results in the Federal Register.
Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
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62763
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO as explained in
the APO itself. See 19 CFR
351.305(a)(3). Timely written
notification of the 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 sanctionable
violation.
We are issuing and publishing these
amended final results of administrative
review in accordance with sections
751(a)(1) and 777(i) of the Tariff Act of
1930, as amended.
Dated: October 6, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–25781 Filed 10–12–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Application(s) for Duty-Free Entry of
Scientific Instruments
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), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before November 2,
2010. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 a.m. and
5 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 10–061. Applicant:
Georgia Institute of Technology, 771
Ferst Drive, NW., School of Materials
Science and Engineering, Atlanta, GA
30332–0245. Instrument: Electron
Microscope. Manufacturer: FEI
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Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices
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Company, the Netherlands. Intended
Use: The instrument will be used to
examine the crystalline structures of
strain-tunable quantum dots, mapping
valence states of transition-metal
elements, and other experiments. The
high-resolution as well as the analytical
components of the instrument are
necessary to elicit information from
core-shell nanoparticles. Justification for
Duty-Free Entry: There are no
instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: September
22, 2010.
Docket Number: 10–062. Applicant:
Washington State University, 220
French Administration Building, P.O.
Box 641020, Pullman, WA 99164–1020.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic. Intended Use: The instrument
will be used to study materials in the
nanometer range such as catalyzer,
tissues, and cells. This instrument will
be used for high resolution analysis of
cell internal structures. Justification for
Duty-Free Entry: There are no
instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: September
16, 2010.
Docket Number: 10–063. Applicant:
National Institutes of Health, 50 South
Dr., Bldg. 50, Rm. 1517, Bethesda, MD
20892–8025. Instrument: Electron
Microscope. Manufacturer: JEOL
Limited, Japan. Intended Use: The
instrument will be used to study viruses
using cryo-electron tomography.
Interpretability of the tomograms will be
greatly enhanced by extending the
resolution using phase-plate technology
with this instrument. The instrument is
also uniquely capable of single-particle
analyses. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs:
September 22, 2010.
Dated: October 6, 2010.
Gregory W. Campbell,
Acting Director, IA Subsidies Enforcement
Office.
[FR Doc. 2010–25775 Filed 10–12–10; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–814, A–570–898]
Chlorinated Isocyanurates From Spain
and the People’s Republic of China:
Continuation of Antidumping Duty
Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission (‘‘ITC’’)
that revocation of the antidumping duty
orders on chlorinated isocyanurates
(‘‘chlorinated isos’’) from Spain and the
People’s Republic of China (‘‘PRC’’)
would be likely to lead to continuation
or recurrence of dumping and of
material injury to an industry in the
United States, respectively, the
Department is publishing notice of the
continuation of these antidumping duty
orders.
DATES: Effective Date: October 13, 2010.
FOR FURTHER INFORMATION CONTACT:
Brandon Petelin, 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)
482–8173.
SUPPLEMENTARY INFORMATION: On May 3,
2010, the Department published the
notice of initiation of the first sunset
reviews of the antidumping duty orders
on chlorinated isos from Spain and the
PRC, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (‘‘Act’’).1
The Department conducted an
expedited sunset review of these
orders.2 As a result of its review, the
Department found that revocation of the
antidumping duty orders would likely
lead to continuation or recurrence of
dumping and, thus, notified the ITC of
the magnitude of the margins likely to
prevail if the orders were revoked.3
On October 6, 2010, the ITC
published its determination, pursuant to
section 751(c) of the Act, which stated
AGENCY:
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 75
FR 23240 (May 3, 2010); see also Notice of
Antidumping Duty Order: Chlorinated
Isocyanurates from the People’s Republic of China,
70 FR 36561 (June 24, 2005) (‘‘PRC Order’’); see also
Chlorinated Isocyanurates from Spain: Notice of
Antidumping Duty Order, 70 FR 36562 (June 24,
2005) (‘‘Spain Order’’).
2 See Chlorinated Isocyanurates from Spain and
the People’s Republic of China: Final Results of the
Expedited Sunset Reviews of the Antidumping Duty
Orders, 75 FR 49464 (August 13, 2010).
3 See id.
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that revocation of the antidumping duty
orders on chlorinated isos from Spain
and the PRC would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.4
Scope of the Orders
The products covered by the orders
are chlorinated isos, which are
derivatives of cyanuric acid, described
as chlorinated s-triazine triones. There
are three primary chemical
compositions of chlorinated isos: (1)
Trichloroisocyanuric acid (Cl3(NCO)3),
(2) sodium dichloroisocyanurate
(dihydrate) (NaCl2(NCO)3(2H2O)), and
(3) sodium dichloroisocyanurate
(anhydrous) (NaCl2(NCO)3). Chlorinated
isos are available in powder, granular,
and tableted forms. The orders cover all
chlorinated isos. Chlorinated isos are
currently classifiable under subheadings
2933.69.6015, 2933.69.6021,
2933.69.6050, 3808.40.50, 3808.50.40
and 3808.94.50.00 of the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’).5 The tariff classification
2933.69.6015 covers sodium
dichloroisocyanurates (anhydrous and
dihydrate forms) and
trichloroisocyanuric acid. The tariff
classifications 2933.69.6021 and
2933.69.6050 represent basket categories
that include chlorinated isos and other
compounds including an unfused
triazine ring. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
orders is dispositive.
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the antidumping duty
orders would be likely to lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of these
antidumping duty orders on chlorinated
isos from Spain and the PRC. U.S.
Customs and Border Protection will
continue to collect antidumping duty
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise.
4 See Chlorinated Isocyanurates From China and
Spain; Determinations, 75 FR 61772 (October 6,
2010).
5 The Spain Order currently covers HTSUS
subheadings 2933.69.6015, 2933.69.6021, and
2933.69.6050, while the PRC Order currently covers
HTSUS subheadings 2933.69.6015, 2933.69.6021,
2933.69.6050, 3808.40.50, 3808.50.40 and
3808.94.50.00.
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Agencies
[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Pages 62763-62764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25775]
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DEPARTMENT OF COMMERCE
International Trade Administration
Application(s) for Duty-Free Entry of Scientific Instruments
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), we invite comments
on the question of whether instruments of equivalent scientific value,
for the purposes for which the instruments shown below are intended to
be used, are being manufactured in the United States.
Comments must comply with 15 CFR 301.5(a)(3) and (4) of the
regulations and be postmarked on or before November 2, 2010. Address
written comments to Statutory Import Programs Staff, Room 3720, U.S.
Department of Commerce, Washington, DC 20230. Applications may be
examined between 8:30 a.m. and 5 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 10-061. Applicant: Georgia Institute of Technology,
771 Ferst Drive, NW., School of Materials Science and Engineering,
Atlanta, GA 30332-0245. Instrument: Electron Microscope. Manufacturer:
FEI
[[Page 62764]]
Company, the Netherlands. Intended Use: The instrument will be used to
examine the crystalline structures of strain-tunable quantum dots,
mapping valence states of transition-metal elements, and other
experiments. The high-resolution as well as the analytical components
of the instrument are necessary to elicit information from core-shell
nanoparticles. Justification for Duty-Free Entry: There are no
instruments of the same general category manufactured in the United
States. Application accepted by Commissioner of Customs: September 22,
2010.
Docket Number: 10-062. Applicant: Washington State University, 220
French Administration Building, P.O. Box 641020, Pullman, WA 99164-
1020. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech
Republic. Intended Use: The instrument will be used to study materials
in the nanometer range such as catalyzer, tissues, and cells. This
instrument will be used for high resolution analysis of cell internal
structures. Justification for Duty-Free Entry: There are no instruments
of the same general category manufactured in the United States.
Application accepted by Commissioner of Customs: September 16, 2010.
Docket Number: 10-063. Applicant: National Institutes of Health, 50
South Dr., Bldg. 50, Rm. 1517, Bethesda, MD 20892-8025. Instrument:
Electron Microscope. Manufacturer: JEOL Limited, Japan. Intended Use:
The instrument will be used to study viruses using cryo-electron
tomography. Interpretability of the tomograms will be greatly enhanced
by extending the resolution using phase-plate technology with this
instrument. The instrument is also uniquely capable of single-particle
analyses. Justification for Duty-Free Entry: There are no instruments
of the same general category manufactured in the United States.
Application accepted by Commissioner of Customs: September 22, 2010.
Dated: October 6, 2010.
Gregory W. Campbell,
Acting Director, IA Subsidies Enforcement Office.
[FR Doc. 2010-25775 Filed 10-12-10; 8:45 am]
BILLING CODE 3510-DS-P