You are on page 1of 2

17316 Federal Register / Vol. 73, No.

63 / Tuesday, April 1, 2008 / Notices

7, has made application to the Board for Forged Hand Tools, Finished or using publicly available Indian import
authority to establish special-purpose Unfinished, With or Without Handles, statistics for February 2003 - January
subzone status at the pharmaceutical From the People’s Republic of China: 2004 from the World Trade Atlas
manufacturing plant of MOVA Final Results of Antidumping Duty (‘‘WTA’’). Thus, the Department
Pharmaceutical Corporation, located in Administrative Reviews and Final included the cost of welding wire in
Manatı́, Puerto Rico (FTZ Docket 38– Rescission and Partial Rescission of Huarong’s normal value, including
2007, filed 8/14/07); Antidumping Duty Administrative freight costs associated with Huarong’s
Whereas, notice inviting public Reviews, 70 FR 54897 (September 19, purchases of the welding wire. On
comment has been given in the Federal 2005) (‘‘Final Results’’), and January 18, 2008 the CIT sustained all
Register (72 FR 49255, 8/28/07); and, accompanying Issues and Decisions aspects of the remand redetermination
Whereas, the Board adopts the Memorandum, covering the period of
made by the Department pursuant to the
findings and recommendations of the review (‘‘POR’’), February 1, 2003
January 31, 2004. Following publication CIT’s remand of the Final Results. See
examiner’s report, and finds that the
of the Final Results, the Petitioner, Ames True Temper v. United States,
requirements of the FTZ Act and the
Board’s regulations are satisfied, and Ames True Temper Inc. (‘‘Ames’’), filed Slip Op. 08–8 (CIT 2008).
that approval of the application is in the a lawsuit with the Court of International On January 30, 2008, consistent with
public interest; Trade (‘‘CIT’’) challenging the the decision in Timken Co. v. United
Now, therefore, the Board hereby Department’s Final Results. Ames States, 893 F.2d 337 (Fed. Cir. 1990), the
grants authority for subzone status for contested several aspects of the Final Department notified the public that the
activity related to pharmaceutical Results, including the Department’s Court’s decision was not in harmony
manufacturing at the MOVA decision to only use certain factors of with the Department’s final results. See
Pharmaceutical Corporation, facility production (‘‘FOPs’’) to value Shandong Heavy Forged Hand Tools from the
located in Manatı́, Puerto Rico (Subzone Huarong Machinery Co., Ltd.’s self– People’s Republic of China: Notice of
7L), as described in the application and produced, metal pallets. Court Decision Not In Harmony With
Federal Register notice, and subject to On August 31, 2007 the CIT directed
Final Results of Administrative Review,
the FTZ Act and the Board’s regulations, the Department to reopen the record and
obtain additional evidence regarding 73 FR 5514 (January 30, 2008). No party
including Section 400.28. appealed the CIT’s decision. As there is
Huarong’s production of metal pallets.
Signed at Washington, DC, this 19th day of now a final and conclusive court
See Ames True Temper v. United States,
March, 2008. decision in this case, we are amending
2007 Ct. Int’l Trade LEXIS 131, Slip Op.
David M. Spooner, our Final Results.
2007–133 (CIT 2007) (‘‘Ames’’).
Assistant Secretary of Commerce for Import Pursuant to the CIT’s remand
Administration, Alternate Chairman, Foreign- Amended Final Results
instructions, we issued supplemental
Trade Zones Board.
questionnaires on September 19, 2007 As the litigation in this case has
[FR Doc. E8–6708 Filed 3–31–08; 8:45 am] and October 19, 2007. Huarong concluded, the Department is amending
BILLING CODE 3510–DS–P responded to the questionnaires on the Final Results to reflect the results of
October 17, 2007 and October 26, 2007, our remand determination. The revised
respectively. In the supplemental dumping margin for the order on axes/
DEPARTMENT OF COMMERCE questionnaires the Department adzes in the amended final results is as
International Trade Administration requested: (a) consumption ratios for all follows:
factors of production (‘‘FOPs’’)
A–570–803 associated with the production of Exporter Margin
pallets used in packing and shipping
13th Administrative Review of Heavy heavy forged hand tools; (b) information Shandong Huarong Ma-
Forged Hand Tools, Finished or to select surrogate values for any chinery Co., Ltd. ........ 175.04%
Unfinished, With or Without Handles, unreported pallet making FOPs; and, (c)
from the People’s Republic of China: supplier distances for any unreported
Notice of Amended Final Results of The PRC–wide rate continues to be
pallet making FOPs.
Sales at Less Than Fair Value and 175.04 percent as determined in the
The Department released the Draft
Antidumping Duty Order Pursuant to Results of Redetermination Pursuant to Department’s Final Results. The
Court Decision Court Remand to Ames and Huarong for Department intends to issue instructions
comment on November 16, 2007. No to U.S. Customs and Border Protection
AGENCY: Import Administration, (‘‘CBP’’) fifteen days after publication of
International Trade Administration, party submitted comments. On
November 28, 2007 the Department filed this notice, to revise the cash deposit
Department of Commerce. rates for the company listed above,
its final results of redetermination
EFFECTIVE DATE: April 1, 2008. pursuant to remand in Ames with the effective as of the publication date of
FOR FURTHER INFORMATION CONTACT: Paul CIT. See Final Results of this notice. Because Huarong obtained a
Walker, AD/CVD Operations, Office 9, Redetermination Pursuant to Court preliminary injunction, we will also
Import Administration, International Remand, Court No. 05–00581 instruct CBP to liquidate all entries at
Trade Administration, U.S. Department (November 28, 2007) (‘‘Final the appropriate rate.1
of Commerce, 14th Street and Redetermination’’), found at http:// This notice is published in
Constitution Avenue, NW, Washington, ia.ita.doc.gov/remands/07–133.pdf. In accordance with sections 735(d) and
DC 20230; telephone: 202- 482–0413. the remand redetermination, the 777(i) of the Tariff Act of 1930, as
mstockstill on PROD1PC66 with NOTICES

SUPPLEMENTARY INFORMATION: Department determined that welding amended.


wire was consumed in Huarong’s pallet
Background making process and that welding wire 1 We will not issue liquidation instructions with
This matter arose from a challenge to should have been reported by Huarong respect to any other heavy forged handtools order,
the results in the Department of as a FOP during the thirteenth review. i.e., bars/wedges, picks/mattocks and hammers/
Commerce’s (the ‘‘Department’’) Heavy The Department valued welding wire sledges.

VerDate Aug<31>2005 16:40 Mar 31, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.SGM 01APN1
Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Notices 17317

Dated: March 14, 2008. FOR FURTHER INFORMATION CONTACT: Commerce (the Department)
David M. Spooner, Sheila E. Forbes, Office of AD/CVD Regulations, that the Department
Assistant Secretary for Import Operations, Customs Unit, Import conduct an administrative review of that
Administration. Administration, International Trade antidumping or countervailing duty
[FR Doc. E8–6679 Filed 3–31–08; 8:45 am] Administration, U.S. Department of order, finding, or suspended
BILLING CODE 3510–DS–S Commerce, 14th Street and Constitution investigation.
Avenue, NW., Washington, DC 20230,
Opportunity To Request a Review: Not
telephone: (202) 482–4697.
DEPARTMENT OF COMMERCE later than the last day of April 2008,1
Background interested parties may request
International Trade Administration Each year during the anniversary administrative review of the following
month of the publication of an orders, findings, or suspended
Antidumping or Countervailing Duty investigations, with anniversary dates in
antidumping or countervailing duty
Order, Finding, or Suspended April for the following periods:
order, finding, or suspension of
Investigation; Opportunity To Request
investigation, an interested party, as
Administrative Review
defined in section 771(9) of the Tariff
AGENCY: Import Administration, Act of 1930, as amended (the Act), may
International Trade Administration, request, in accordance with section
Department of Commerce. 351.213 (2007) of the Department of

Period

Antidumping Duty Proceedings

France: Sorbitol A–427–001 .......................................................................................................................................................... 4/1/07–3/31/08


Norway: Fresh and Chilled Atlantic Salmon, A–403–801 ............................................................................................................. 4/1/07–3/31/08
The People’s Republic of China:
Activated Carbon, A–570–904 ............................................................................................................................................... 10/11/06–3/31/08
Automotive Replacement Glass Windshields, A–570–867 .................................................................................................... 4/1/07–4/3/07
Brake Rotors, A–570–846 ...................................................................................................................................................... 4/1/07–3/31/08
Magnesium Metal, A–570–896 ............................................................................................................................................... 4/1/07–3/31/08
Non-Malleable Cast Iron Pipe Fittings, A–570–875 ............................................................................................................... 4/1/07–3/31/08
Russia: Magnesium Metal, A–821–819 ......................................................................................................................................... 4/1/07–3/31/08
Turkey: Certain Steel Concrete Reinforcing Bars, A–489–807 .................................................................................................... 4/1/07–3/31/08

Countervailing Duty Proceedings

Norway: Fresh and Chilled Atlantic Salmon, C–403–802 ............................................................................................................. 1/1/07–12/31/07

Suspension Agreements the interested party must state FR 23954 (May 6, 2003), the Department
None specifically, on an order-by-order basis, has clarified its practice with respect to
In accordance with section 351.213(b) which exporter(s) the request is the collection of final antidumping
of the regulations, an interested party as intended to cover. duties on imports of merchandise where
defined by section 771(9) of the Act may Please note that, for any party the intermediate firms are involved. The
request in writing that the Secretary Department was unable to locate in public should be aware of this
conduct an administrative review. For prior segments, the Department will not clarification in determining whether to
both antidumping and countervailing accept a request for an administrative request an administrative review of
duty reviews, the interested party must review of that party absent new merchandise subject to antidumping
specify the individual producers or information as to the party’s location. findings and orders. See also the Import
exporters covered by an antidumping Moreover, if the interested party who Administration Web site at http://
finding or an antidumping or files a request for review is unable to ia.ita.doc.gov.
countervailing duty order or suspension locate the producer or exporter for Six copies of the request should be
agreement for which it is requesting a which it requested the review, the submitted to the Assistant Secretary for
review, and the requesting party must interested party must provide an Import Administration, International
state why it desires the Secretary to explanation of the attempts it made to Trade Administration, Room 1870, U.S.
review those particular producers or locate the producer or exporter at the Department of Commerce, 14th Street &
exporters.2 If the interested party same time it files its request for review, Constitution Avenue, NW., Washington,
intends for the Secretary to review sales in order for the Secretary to determine DC 20230. The Department also asks
of merchandise by an exporter (or a if the interested party’s attempts were parties to serve a copy of their requests
producer if that producer also exports reasonable, pursuant to 19 CFR to the Office of Antidumping/
merchandise from other suppliers) 351.303(f)(3)(ii). Countervailing Operations, Attention:
which were produced in more than one As explained in Antidumping and Sheila Forbes, in room 3065 of the main
mstockstill on PROD1PC66 with NOTICES

country of origin and each country of Countervailing Duty Proceedings: Commerce Building. Further, in
origin is subject to a separate order, then Assessment of Antidumping Duties, 68 accordance with section 351.303(f)(l)(i)
1 Or the next business day, if the deadline falls 2 If the review request involves a non-market market economy country who do not have a
on a weekend, federal holiday or any other day economy and the parties subject to the review separate rate will be covered by the review as part
when the Department is closed. request do not qualify for separate rates, all other of the single entity of which the named firms are
exporters of subject merchandise from the non- a part.

VerDate Aug<31>2005 18:21 Mar 31, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.SGM 01APN1