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326

Notices Federal Register


Vol. 70, No. 2

Tuesday, January 4, 2005

This section of the FEDERAL REGISTER DEPARTMENT OF COMMERCE Dated: December 28, 2004.
contains documents other than rules or Barbara E. Tillman,
proposed rules that are applicable to the International Trade Administration Acting Assistant Secretary for Import
public. Notices of hearings and investigations, Administration.
committee meetings, agency decisions and [A–583–008]
[FR Doc. E4–3924 Filed 1–3–05; 8:45 am]
rulings, delegations of authority, filing of
petitions and applications and agency Correction: Notice of Final Results of BILLING CODE 3510–DS–S
statements of organization and functions are Antidumping Duty Administrative
examples of documents appearing in this Review: Circular Welded Carbon Steel
section. Pipes and Tubes From Taiwan DEPARTMENT OF COMMERCE
AGENCY: Import Administration, International Trade Administration
DEPARTMENT OF AGRICULTURE International Trade Administration,
Department of Commerce. [A–588–865]
Forest Service EFFECTIVE DATE: September 30, 2004 Notice of Final Determination of Sales
FOR FURTHER INFORMATION CONTACT: at Less Than Fair Value: Outboard
Notice of Tri-County Advisory
Committee Meeting Angela Strom at (202) 482–2704, AD/ Engines From Japan
CVD Operations, Office 7, Import
Administration, International Trade AGENCY: Import Administration,
AGENCY: Forest Service, USDA. International Trade Administration,
Administration, U.S. Department of
ACTION: Notice of meeting. Commerce, 14th Street and Constitution Department of Commerce.
Avenue, NW, Washington, DC 20230. EFFECTIVE DATE: January 4, 2005.
SUMMARY: Pursuant to the authorities in SUPPLEMENTARY INFORMATION: On FOR FURTHER INFORMATION CONTACT:
the Federal Advisory Committee Act September 30, 2004, the Department of James Kemp or Shane Subler at (202)
(Pub. L. 92–463) and under the Secure Commerce published the final results of 482–5346 or (202) 482–0189,
Rural Schools and Community Self- the administrative review of the respectively; AD/CVD Operations,
Determination Act of 2000 (Pub. L. 106– antidumping order covering circular Office 1, Import Administration,
393) the Beaverhead-Deerlodge National welded carbon steel pipes and tubes International Trade Administration,
Forest’s Tri-County Resource Advisory from Taiwan. See Circular Welded U.S. Department of Commerce, 14th
Committee will meet on Thursday, Carbon Steel Pipes and Tubes From Street & Constitution Avenue, NW.,
February 3, 2005, from 4 p.m. to 8 p.m. Taiwan: Final Results of Antidumping Washington, DC 20230.
in Deer Lodge, Montana, for a business Duty Administrative Review, 69 FR
meeting. The meeting is open to the Final Determination
58390 (Final Results). The version
public. published in the Federal Register We determine that outboard engines
contained a typographical error which is from Japan are being sold, or are likely
DATES: Thursday, February 3, 2005. to be sold, in the United States at less
being identified and corrected by this
ADDRESSES: The meeting will be held at Correction notice. than fair value (LTFV), as provided in
the USDA Service Center, 1002 During the publication process, the section 735 of the Tariff Act of 1930, as
Hollenback Road, Deer Lodge, Montana. title of one of the sections- amended (the Act). The estimated
‘‘Assessment’’ -was transposed into the margins of sales at LTFV are shown in
FOR FURTHER INFORMATION CONTACT: the Continuation of Suspension of
chart in the previous section that
Thomas K. Reilly, Designated Forest Liquidation section of this notice.
identified the respondent and the final
Official (DFO), Forest Supervisor,
weighted–average margin. The Case History
Beaverhead-Deerlodge National Forest,
necessary correction is as follows:
at (406) 683–3973. The preliminary determination in this
Final Results of Review investigation was published on August
SUPPLEMENTARY INFORMATION: Agenda
topics for this meeting includes a review We determine the following dumping 12, 2004. See Notice of Preliminary
of projects approved and proposed for margin exists for the period May 1, Determination of Sales at Less Than
funding as authorized under Title II of 2002, to April 30, 2003. Fair Value and Postponement of Final
Public Law 106–393, new proposals for Determination: Outboard Engines from
funding, information about a Weighted–Average Japan, 69 FR 49863 (August 12, 2004)
community fire plan, and public Producer and Exporter Margin (percent- (Preliminary Determination). Since the
age) publication of the preliminary
comment. If the meeting location is
changed, notice will be posted in local determination, the following events
Yieh Hsing .................... 1.61
newspaper, including The Montana have occurred:
Standard. In September and October 2004, the
Assessment Department of Commerce (the
Dated: December 27, 2004. The Department shall determine .... Department) verified the questionnaire
Thomas K. Reilly, (See Final Results at 58391 for the responses submitted by Yamaha Motor
Forest Supervisor, Designated Federal balance of this section).’’ Company, Ltd., Yamaha Marine
Official. This notice is published in Company, Ltd., and Yamaha Motor
[FR Doc. 05–30 Filed 1–3–05; 8:45 am] accordance with sections 751(a)(1) and Corporation, U.S.A. (collectively
BILLING CODE 3410–11–M 777(i)(1) of the Act. Yamaha). The sales and cost verification

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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices 327

reports were issued on November 1, assembled or unassembled, and whether 3. 75 Horsepower Electronic Fuel
2004. On November 10, 2004, we or not accompanied by additional Injection Powerhead: the engine type is
received case briefs from (1) the components, constitute a powerhead for four-stroke inline four cylinder internal
petitioner; 1 (2) BRP U.S. Inc. and purposes of this investigation. An combustion engine; the valve train
Bombardier Recreational Products Inc. ‘‘unassembled’’ powerhead consists of, consists of sixteen valves and twin cam
(collectively, BRP), a domestic at a minimum, the four powerhead with timing belt and tensioner; the
interested party; (3) American Honda components listed above, and any other crankcase is of high-pressure die-cast
Motor Co., Inc., and Honda Motor Co., parts imported with it that may be used aluminum; the block is of high-pressure
Ltd., American Suzuki Motor in the assembly of a powerhead. die-cast aluminum with iron cylinder
Corporation and Suzuki Motor The scope does not include parts or liners; displacement 1.596 liters; bore
Corporation, Tohatsu Corporation, components (other than powerheads) and stroke 79 mm x 81.4 mm;
Tohatsu Marine Corporation, and imported separately. compression ratio 9.6: 1; fuel supplied
Tohatsu America Corporation, Nissan The outboard engines and by single throttle body multi-point
Marine Co., Ltd. (collectively, the Other powerheads subject to this investigation electronic fuel injection; power output
Japanese Parties); and (4) Yamaha.2 On are currently classifiable in the 55.9 kW at 5000 RPM; fuel consumption
November 17, 2004, we received Harmonized Tariff Schedule of the 29.0 L/H Max at 6000 RPM; maximum
rebuttal briefs from the petitioner, BRP, United States (HTSUS) at subheadings height 539 mm; maximum width 435
and Yamaha. Since no request was 8407.21.0040 and 8407.21.0080. mm; maximum length 646 mm; and
made for a public hearing, a public Although the HTSUS subheadings are weight (dry) 183.0 lbs./83.0 kg.
hearing was not held. provided for convenience and customs 4. 90 Horsepower Electronic Fuel
purposes, the written description of the Injection Powerhead: the engine type is
Scope of Investigation merchandise under investigation is four-stroke inline four cylinder internal
For the purpose of this investigation, dispositive. combustion engine; the valve train
the products covered are outboard Excluded from the scope of the consists of sixteen valves and twin cam
engines (also referred to as outboard investigation are five specific models of with timing belt and tensioner; the
motors), whether assembled or powerheads. crankcase is of high-pressure die-cast
unassembled; and powerheads, whether The specific characteristics for each aluminum; the block is of high-pressure
assembled or unassembled. The subject excluded powehead are described die-cast aluminum with iron cylinder
engines are gasoline-powered spark- below. liners; displacement 1.596 liters; bore
ignition, internal combustion engines 1. 75 Horsepower Carbureted and stroke 79 mm x 81.4 mm;
designed and used principally for Powerhead: the engine type is four- compression ratio 9.6: 1; fuel supplied
marine propulsion for all types of light stroke inline four cylinder internal by single throttle body multi-point
recreational and commercial boats, combustion engine; the valve train electronic fuel injection; power output
including, but not limited to, canoes, consists of sixteen valves and twin cam 67.1 kW at 5500 RPM; fuel consumption
rafts, inflatable, sail and pontoon boats. with timing belt and tensioner; the 33.0 L/H Max at 6000 RPM; maximum
Specifically included in this scope are crankcase is of high-pressure die-cast height 539 mm; maximum width 435
two-stroke, direct injection two-stroke, aluminum; the block is of high-pressure mm; maximum length 646 mm; and
and four-stroke outboard engines. die-cast aluminum with iron cylinder weight (dry) 183.0 lbs./83.0 kg.
Outboard engines are comprised of (1) liners; displacement 1.596 liters; bore 5. 115 Horsepower Electronic Fuel
a powerhead assembly, or an internal and stroke 79 mm x 81.4 mm; Injection Powerhead: the engine type is
combustion engine, (2) a midsection compression ratio 9.6: 1; fuel supplied four-stroke inline four cylinder internal
assembly, by which the outboard engine by four individual carburetors fitted to combustion engine; the valve train
is attached to the vehicle it propels, and left side (as viewed from rear) of engine; consists of sixteen valves and twin cam
(3) a gearcase assembly, which typically power output 55.9 kW at 5000 RPM; with timing belt and tensioner; the
includes a transmission and propeller fuel consumption 28.0 L/H Max at 6000 crankcase is of high-pressure die-cast
shaft, and may or may not include a RPM; maximum height 539 mm; aluminum; the block is of high-pressure
propeller. To the extent that these maximum width 435 mm; maximum die-cast aluminum with iron cylinder
components are imported together, but length 646 mm; and weight (dry) 180.5 liners; displacement 1.741 liters; bore
unassembled, they collectively are lbs./81.6 kg. and stroke 79 mm x 89 mm;
covered within the scope of this 2. 90 Horsepower Carbureted compression ratio 9.7: 1; fuel supplied
investigation. An ‘‘unassembled’’ Powerhead: the engine type is four- by multi-point electronic fuel injection
outboard engine consists of a stroke inline four cylinder internal with four individual throttle bodies;
powerhead as defined below, and any combustion engine; the valve train power output 85.8 kW at 5500 RPM;
other parts imported with the consists of sixteen valves and twin cam fuel consumption 38.0 L/H Max at 5500
powerhead that may be used in the with timing belt and tensioner; the RPM; maximum height 539 mm;
assembly of an outboard engine. crankcase is of high-pressure die-cast maximum width 444 mm; maximum
Powerheads are comprised of, at a aluminum; the block is of high-pressure length 637 mm; and weight (dry) 189.0
minimum, (1) a cylinder block, (2) die-cast aluminum with iron cylinder lbs./85.7 kg.
pistons, (3) connecting rods, and (4) a liners; displacement 1.596 liters; bore
and stroke 79 mm x 81.4 mm; Period of Investigation
crankshaft. Importation of these four
components together, whether compression ratio 9.6: 1; fuel supplied The period of investigation (POI) is
by four individual carburetors fitted to January 1, 2003, through December 31,
1 The petitioner in this investigation is Mercury left side (as viewed from rear) of engine; 2003. This period corresponds to the
Marine, a division of Brunswick Corporation. power output 67.1 kW at 5500 RPM; four most recent fiscal quarters prior to
2 On December 6, 2004, we rejected the case briefs fuel consumption 31.5 L/H Max at 6000 the month of filing of the petition (i.e.,
submitted by Yamaha and the Other Japanese RPM; maximum height 539 mm; January 2004) involving imports from a
Parties because they contained new factual
information. After making the revisions requested
maximum width 435 mm; maximum market economy, and is in accordance
by the Department, Yamaha and the Other Japanese length 646 mm; and weight (dry) 180.5 with our regulations. See 19 CFR
Parties resubmitted the briefs on December 7, 2004. lbs./81.6 kg. 351.204(b)(1).

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328 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices

Scope Issues Amendment to the Scope of Company, Ltd., and Yamaha Motor
Investigation Corporation, USA, dated December 27,
Outboard Engines Under 25 Horsepower 2004.
In a separate November 17, 2004,
In the preliminary determination, we submission, the petitioner requested Continuation of Suspension of
analyzed parties’ comments regarding that the Department exclude certain Liquidation
the appropriateness of including models of powerheads from the scope of
engines of 25 horsepower or less in the the investigation. On November 23, In accordance with section
scope of investigation and determined 2004, Yamaha submitted comments on 735(c)(1)(B) of the Act, we are directing
that the engines were within the scope. the petitioner’s request.3 The petitioner U.S. Customs and Border Protection
See Preliminary Determination at 49864. submitted a response to these comments (CBP) to continue to suspend
For the final determination, we affirm on November 30, 2004. After analyzing liquidation of all entries of outboard
our decision in the preliminary the parties’ arguments, we accepted the engines exported from Japan, that are
determination and continue to find that petitioner’s proposed scope amendment entered, or withdrawn from warehouse,
these engines are included in the scope to exclude certain powerhead models for consumption on or after the date of
of the investigation. No parties for the reasons outlined at Comment 17 the preliminary determination. CBP
commented on this issue for the final of the Decision Memorandum. For a shall continue to require a cash deposit
determination. description of the excluded or the posting of a bond based on the
powerheads, see the Scope of estimated weighted-average dumping
Powerheads Imported as Replacement Investigation section of this notice. margins shown below. The suspension
Parts of liquidation instructions will remain
Verification in effect until further notice.
In the preliminary determination, we We determine that the following
found that engines imported for the As provided in section 782(i) of the
Act, we conducted verification of the weighted-average dumping margin
purpose of repairing outboard engines exists for Japan:
cost and sales information submitted by
previously sold are properly included in
Yamaha. We used standard verification
the scope of the investigation. See Margin
procedures including examination of Manufacturer/exporter
Preliminary Determination at 49865. (percent)
relevant accounting and production
The Other Japanese Parties submitted a
records, and original source documents Yamaha .................................... 18.98
case brief arguing that the Department
provided by the respondent. All others ................................... 18.98
should exclude these engines from the
scope for the final determination. The Analysis of Comments Received
petitioner and BRP submitted rebuttal International Trade Commission
All issues raised in the case and Notification
briefs on this issue. After analyzing the rebuttal briefs submitted by parties to
parties’ arguments, we continue to find this proceeding are listed in the In accordance with section 735(d) of
that engines imported for the purpose of appendix to this notice and addressed the Act, we have notified the
repair are properly included in the in the Decision Memorandum hereby International Trade Commission (ITC) of
scope of the investigation for the adopted by this notice. The Decision our determination. The ITC will
reasons outlined at Comment 2 of the Memorandum is on file in room B–099 determine, within 45 days, whether
Memorandum from Barbara E. Tillman, of the main Department building. In imports of subject merchandise from
Acting Deputy Assistant Secretary, to addition, a complete version of the Japan are causing material injury, or
James J. Jochum, Assistant Secretary for Decision Memorandum can be accessed threaten material injury, to an industry
Import Administration, RE: Issues and directly on the World Wide Web at in the United States. If the ITC
Decision Memorandum for the Final http://www.ita.doc.gov/frn. The paper determines that material injury or threat
Determination of the Investigation of and electronic versions of the Decision of material injury does not exist, this
Outboard Engines from Japan (Decision Memorandum are identical in content. proceeding will be terminated and all
Memorandum), dated December 27, securities posted will be refunded or
2004. Changes Since the Preliminary canceled. If the ITC determines that
Determination such injury does exist, the Department
Treatment of Powerheads as a Separate
Class or Kind Based on our findings at verification will issue an antidumping duty order
and our analysis of comments received, directing CBP officials to assess
In the preliminary determination, we we have made adjustments to the antidumping duties on all imports of the
found that completed engines and preliminary determination calculation subject merchandise entered, or
powerheads constituted the same class methodologies in calculating the final withdrawn from warehouse for
or kind of merchandise. See Preliminary dumping margin for Yamaha. These consumption on or after the effective
Determination at 49865. Yamaha and adjustments are discussed in the date of the suspension of liquidation.
the Other Japanese Parties submitted Decision Memorandum and the This notice also serves as a reminder
case briefs arguing that the Department Memorandum from James Kemp and to parties subject to administrative
should find that powerheads are a Shane Subler, International Trade protective order (APO) of their
separate class or kind from completed Compliance Analysts, through responsibility concerning the
outboard engines. The petitioner and Constance Handley, Program Manager, disposition of proprietary information
BRP submitted a rebuttal brief on this RE: Final Determination Analysis disclosed under APO in accordance
issue. After analyzing the parties’ Memorandum for Yamaha Motor with 19 CFR 351.305. Timely
arguments, we continue to find that Company, Ltd., Yamaha Marine notification of return/destruction of
completed engines and powerheads APO materials or conversion to judicial
3 On December 6, 2004, we rejected Yamaha’s
constitute the same class or kind of protective order is hereby requested.
comments because they contained new factual
merchandise for the reasons outlined at information submitted after the Department’s
Failure to complywith the regulations
Comment 1 of the Decision regulatory deadline. The date of Yamaha’s revised and the terms of an APO is a
Memorandum. submission is December 7, 2004. sanctionable violation.

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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices 329

This determination is issued and Notice of Final Determination of Sales certain information because the
published in accordance with sections at Less Than Fair Value in the information is not new or untimely.
735(d) and 777(i)(1) of the Act. investigation of wooden bedroom Also, on November 30, 2004, Petitioners
Dated: December 27, 2004. furniture from the People’s Republic of filed a letter requesting the Department
Joseph A. Spetrini,
China (‘‘PRC’’) (‘‘Final Determination’’). to strike from the record Starcorp’s
See Final Determination and November 29, 2004, submission as
Acting Assistant Secretary for Import
corresponding ‘‘Issues and Decision untimely filed ministerial- error
Administration.
Memorandum’’ dated November 8, comments. On December 1, 2004,
Appendix 2004. Between November 12, 2004, and Starcorp filed a letter stating that its
Issues Covered in Decision Memorandum November 22, 2004, the following letter was both timely and appropriate.
parties filed timely allegations that the On December 6, 2004, Petitioners filed
1. Class or Kind. a letter requesting the Department to
2. Powerheads Imported for Repair
Department made various ministerial
Purposes. errors in the Final Determination: strike from the record portions of Lung
3. Treatment of Non-Dumped Sales. Superwood Company Limited; Shanghai Dong’s November 29, 2004, rebuttal
4. Level of Trade (LOT) Adjustment for SMEC Corporation; follows: Dongguan comments because it allegedly
Yamaha’s Sales to Original Equipment Chunsan Wood Products Co., Ltd.; contained untimely raised ministerial-
Manufacturer (OEM) Customers. Trendex Industries Limited; the error allegations. On December 10, 2004,
5. Surrogate Prices for Yamaha’s CEP Sales American Furniture Manufacturers we returned Lung Dong’s and Starcorp’s
to Its Affiliated Boat Builders. Committee for Legal Trade and its November 29, 2004, submissions
6. Per-Unit Cap on the CEP Offset. individual members and the Cabinet because they contained untimely
7. Home Market Levels of Trade. ministerial-error allegations. Lung Dong
8. Adjustments to U.S. Price.
Makers, Millmen, and Industrial
Carpenters Local 721, UBC Southern submitted an amended version of its
9. Reported Home Market Payment Dates.
10. Certain Home Market Sales within the Council of Industrial Worker’s Local November 29, 2004, submission on
Ordinary Course of Trade. Union 2305, United Steel Workers of December 14, 2004.
11. Credit Expenses for Export Price Sales. American Local 193U, Carpenters After analyzing all interested parties
12. Reporting of the REBATE4U Field. Industrial Union Local 2093, and comments and rebuttal comments, we
13. Minor Corrections Submitted at Teamsters, Chauffeurs, Warehousemen have determined, in accordance with 19
Verification. and Helper Local 991 (collectively CFR 351.224(e), that we made
14. Application of LOT Adjustment. ‘‘Petitioners’’); Rui Feng Woodwork Co., ministerial errors in the calculations we
15. Home Market Consignment Sales. performed for the final determination.
16. Packing Costs.
Ltd., Rui Feng Lumber Development
Co., Ltd., and Dorbest Limited For a detailed discussion of these
17. Amendment to Scope. ministerial errors, and our analysis, see
18. Yamaha’s Standard Cost System. (‘‘Dorbest’’); Lacquer Craft Mfg. Co., Ltd.
(‘‘Lacquer Craft’’); Dongguan Lung Dong the ‘‘Amended Issues and Decision
19. Certain Excluded Costs.
20. Parent Company G&A Expenses. Furniture Co., Ltd., and Dongguan Dong Memorandum’’ dated December 27,
21. Affiliated Supplier Inputs. He Furniture Co., Ltd., (‘‘Lung Dong’’); 2004, and the company specific
and Shing Mark Enterprise Co., Ltd., amended final determination analysis
[FR Doc. E4–3925 Filed 1–3–05; 8:45 am] memoranda dated December 27, 2004.
Carven Industries Limited (BVI), Carven
BILLING CODE 3510–DS–P Additionally, in the Final
Industries Limited (HK), Dongguan
Determination, we determined that
Zhenxin Furniture Co., Ltd., and
several companies qualified for
DEPARTMENT OF COMMERCE Dongguan Yongpeng Furniture Co., Ltd.
separate-rate status. The margin we
(‘‘Shing Mark’’); Hongyu Furniture
calculated in the Final Determination
International Trade Administration (Shenzhen) Limited (‘‘Hongyu’’);
for these companies was 8.64 percent.
American Signature, Inc., and Value
[A–570–890] Because the rates of the selected
City Furniture (‘‘ASI/VCF’’) and Pulaski
mandatory respondents have changed
Notice of Amended Final Furniture Corp. (‘‘Pulaski’’) with respect
since the Final Determination, we have
Determination of Sales at Less Than to ministerial errors in the calculation of
recalculated the rate for the non-
Fair Value and Antidumping Duty the margin for their supplier, Dorbest.
mandatory respondents which the
Order: Wooden Bedroom Furniture On November 29, 2004, Petitioners Department determined to be entitled to
From the People’s Republic of China filed comments rebutting the interested separate rate. The rate for Section A
parties’ ministerial-error allegations. On respondents is now 6.65%. See
AGENCY: Import Administration, the same day, Lacquer Craft, Lung Dong,
International Trade Administration, Memorandum to the File from Eugene
Shing Mark, and Starcorp Furniture Degnan, Amended Calculation of
Department ofCommerce. (Shanghai) Co., Ltd., Orin Furniture Section A Rate, dated December 27,
EFFECTIVE DATE: January 4, 2005. (Shanghai) Co., Ltd., and Shanghai 2004.
FOR FURTHER INFORMATION CONTACT: Starcorp Furniture Co., Ltd. Therefore, in accordance with 19 CFR
Aishe Allen, Import Administration, (‘‘Starcorp’’), filed comments rebutting 351.224(e), we are amending the final
International Trade Administration, the Petitioners ministerial-error determination of sales at LTFV in the
U.S. Department of Commerce, 14th allegations. Further, on November 29, antidumping duty investigation of
Street and Constitution Avenue NW., 2004, Petitioners submitted a letter wooden bedroom furniture from the
Washington, DC 20230; telephone: (202) requesting the Department to strike from PRC. The revised weighted-average
482–0172. the record Exhibit 12 and any references dumping margins are in the
to this Exhibit in Shing Mark’s ‘‘Antidumping Duty Order’’ section,
Amendment to Final Determination November 22, 2004, ministerial-error below.
In accordance with sections 735(d) submission because it contains new
and 777(i)(1) of the Tariff Act of 1930, untimely factual information. On Antidumping Duty Order
as amended, (‘‘the Act’’), on November November 30, 2004, Shing Mark filed a On December 23, 2004, in accordance
17, 2004, the Department of Commerce letter stating the Department should with section 735(d) of the Act, the
(‘‘the Department’’) published the reject Petitioners’ request to strike International Trade Commission (‘‘ITC’’)

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