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16842 Federal Register / Vol. 73, No.

62 / Monday, March 31, 2008 / Notices

Ascometal did not incur packing costs will issue appropriate appraisement a result, we have instructed CBP to
in either the U.S. or home market. instructions for the companies subject to discontinue collection of cash deposits
Accordingly, no adjustment was this review directly to CBP 15 days after of antidumping duties on entries of the
warranted under section 773(a)(6)(A) publication of the final results of this subject merchandise made on or after
and (B) of the Act. review. March 7, 2007.
For assessment purposes, we
Currency Conversion calculated importer-specific ad valorem Notification to Importers
We made currency conversions in duty assessment rates based on the ratio This notice also serves as a
accordance with section 773A(a) of the of the total amount of dumping margins preliminary reminder to importers of
Act based on the exchange rates in effect calculated for the examined sales to the their responsibility under 19 CFR
on the dates of the U.S. sales as certified total entered value of those same sales. 351.402(f) to file a certificate regarding
by the Federal Reserve Bank. We will instruct CBP to assess the reimbursement of antidumping
antidumping duties on all appropriate duties prior to liquidation of the
Preliminary Results of Review
entries covered by this review if any relevant entries during this review
As a result of this review, we importer-specific assessment rate period. Failure to comply with this
preliminarily determine that the calculated in the final results of this requirement could result in the
weighted-average dumping margin for review is above de minimis (i.e., at or Secretary’s presumption that
the period March 1, 2006, through above 0.50 percent). See 19 CFR reimbursement of antidumping duties
February 28, 2007, is as follows: 351.106(c)(1). The final results of this occurred and the subsequent assessment
review shall be the basis for the of double antidumping duties.
Manufacturer/Exporter Percent Margin assessment of antidumping duties on This administrative review and notice
Ascometal S.A. ............. 0.00
entries of merchandise covered by this are published in accordance with
review. sections 751(a)(1) and 777(i)(1) of the
The Department clarified its Act and 19 CFR 351.221.
Disclosure and Public Hearing ‘‘automatic assessment’’ regulation on
The Department will disclose to Dated: March 25, 2008.
May 6, 2003. See Antidumping and
parties the calculations performed in Countervailing Duty Proceedings: David M. Spooner,
connection with these preliminary Assessment of Antidumping Duties, 68 Assistant Secretary for Import
results within five days of the date of FR 23954 (May 6, 2003) (Assessment Administration.
publication of this notice. See 19 CFR Policy Notice). This clarification will [FR Doc. E8–6568 File 3–28–08; 8:45 am]
351.224(b). Interested parties may apply to entries of subject merchandise BILLING CODE 3510–DS–S
submit case briefs not later than 30 days during the POR produced by companies
after the date of publication of this included in this review for which the
notice. See 19 CFR 351.309(c)(1)(ii). reviewed companies did not know that CONSUMER PRODUCT SAFETY
Rebuttal briefs, limited to issues raised the merchandise they sold to the COMMISSION
in the case briefs, may be filed not later intermediary (e.g., a reseller, trading
than five days after the time limit for company, or exporter) was destined for [CPSC Docket No. 08–C0004]
filing case briefs. See 19 CFR the United States. In such instances, we
351.309(d)(1). Parties who submit case will instruct CBP to liquidate Reebok International Ltd., a
briefs or rebuttal briefs in this unreviewed entries at the all-others rate Corporation, Provisional Acceptance
proceeding are requested to submit with if there is no rate for the intermediary of a Settlement Agreement and Order
each argument: 1) a statement of the involved in the transaction. See AGENCY: Consumer Product Safety
issue; 2) a brief summary of the Assessment Policy Notice for a full Commission.
argument; and 3) a table of authorities. discussion of this clarification. ACTION: Notice.
Interested parties who wish to request
Discontinuation of Cash Deposit
a hearing must submit a written request SUMMARY: It is the policy of the
to the Assistant Secretary for Import Commission to publish settlements
Administration, Room 1870, within 30 On January 31, 2008, the U.S. which it provisionally accepts under the
days of the date of publication of this International Trade Commission Federal Hazardous Substances Act in
notice. Requests should contain: 1) the determined, pursuant to section 751(c) the Federal Register in accordance with
party’s name, address and telephone of the Act (i.e., as a result of a five-year the terms of 16 CFR 1118.20(e).
number; 2) the number of participants; ‘‘sunset’’ review), that revocation of the Published below is a provisionally-
and 3) a list of issues to be discussed. antidumping duty order on the subject accepted Settlement Agreement with
See 19 CFR 351.310(c). Issues raised in merchandise would not be likely to lead Reebok International Ltd., a corporation,
the hearing will be limited to those to continuation or recurrence of material containing a civil penalty of
raised in the respective case briefs. injury to an industry in the United $1,000,000.00.
The Department will issue the final States within a reasonably foreseeable
results of this administrative review, time. See Stainless Steel Bar From DATES: Any interested person may ask
including the results of its analysis of France, Germany, Italy, Korea, and The the Commission not to accept this
issues raised in any written briefs, not United Kingdom, 73 FR 5869 (January agreement or otherwise comment on its
later than 120 days after the date of 31, 2008). Accordingly, the antidumping contents by filing a written request with
publication of this notice, pursuant to duty order on SSB from France was the Office of the Secretary by April 15,
section 751(a)(3)(A) of the Act. revoked effective March 7, 2007. See 2008.
Revocation of Antidumping Duty Orders ADDRESSES: Persons wishing to
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Assessment Rates on Stainless Steel Bar From France, comment on this Settlement Agreement
The Department shall determine, and Germany, Italy, South Korea, and the should send written comments to the
CBP shall assess, antidumping duties on United Kingdom and the Countervailing Comment 08–C0004, Office of the
all appropriate entries, in accordance Duty Order on Stainless Steel Bar From Secretary, Consumer Product Safety
with 19 CFR 351.212. The Department Italy, 73 FR 7258 (February 7, 2008). As Commission, 4330 East West Highway,

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Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices 16843

Room 502, Bethesda, Maryland 20814– poisoning. The child reportedly 15. The parties enter into this
4408. swallowed the charm bracelet’s heart- Agreement for settlement purposes only.
FOR FURTHER INFORMATION CONTACT: shaped pendant. Reebok immediately The Agreement does not constitute an
Dennis C. Kacoyanis, Trial Attorney, reported to the Commission. admission by Reebok or a determination
Office of Compliance and Field 7. In March 2006, the Commission by the Commission that Reebok
Operations, Consumer Product Safety staff obtained samples of the charm knowingly violated the FHSA.
Commission, 4330 East West Highway, bracelets, which were tested at the CPSC 16. Upon provisional acceptance of
Bethesda, Maryland 20814–4408; Laboratory. The test results this Agreement, the Agreement shall be
telephone (301) 504–7587. demonstrated that certain components placed on the public record and be
SUPPLEMENTARY INFORMATION: The text of of the charm bracelets contained a total published in the Federal Register in
the Agreement and Order appears lead content from 78 to 93 percent and accordance with the procedures set
below. accessible lead from 3,441 to 9,856 forth in 16 CFR 1118.20(e). If the
micrograms of lead. These levels of lead Commission does not receive any
Dated: March 17. 2008. are ‘‘toxic’’ within the meaning of the written request not to accept the
Todd A. Stevenson, FHSA. Agreement within 15 days, the
Secretary. 8. The charm bracelets are a Agreement shall be deemed finally
United States of America Consumer hazardous substance because they are accepted on the 16th calendar day after
Product Safety Commission toxic and may cause substantial the date it is published in the Federal
personal injury or substantial illness Register in accordance with 16 CFR
[CPSC DOCKET NO. 08–C0084] during or as a proximate result of any 1118.20(f).
In the Matter of Reebok International customary foreseeable handling or use, 17. Upon the Commission’s final
Ltd., a Corporation including reasonably foreseeable acceptance of the Agreement and
ingestion by children. Accordingly, the issuance of the final Order, Reebok
Settlement Agreement charm bracelets are hazardous knowingly, voluntarily, and completely
1. This Settlement Agreement substances under section 2(f)(l)(A) of the waives any rights it may have in this
(‘‘Agreement’’) is made by and between FHSA, 15 U.S.C. 1261(f)(l)(A). matter to the following: (i) An
the staff (‘‘the staff’’) of the United 9. The charm bracelets were marketed administrative or judicial hearing, (ii)
States Consumer Product Safety with children’s footwear and were judicial review or other challenge or
Commission (‘‘the Commission’’) and intended for use by children. Therefore, contest of the validity of the
Reebok International Ltd. (‘‘Reebok’’), a the charm bracelets constitute banned Commission’s actions, (iii) a
corporation. This Agreement and the hazardous substances under section determination by the Commission as to
incorporated attached Order (‘‘Order’’) 2(q)(1)(A) of the FHSA, 15 U.S.C. whether Reebok failed to comply with
settle the staff’s allegations set forth 1261(q)(1)(A). the FHSA, (iv) a statement of findings of
below. 10. Reebok knowingly introduced or fact or conclusions of law, and (v) any
delivered for introduction into interstate claims under the Equal Access to Justice
The Parties commerce, or caused such acts, or Act.
2. The Commission is an independent received in interstate commerce and 18. This Agreement and Order
federal regulatory agency responsible for delivered or proffered delivery thereof resolves the staffs allegations contained
the enforcement of the Federal for pay or otherwise or caused such acts, in paragraphs 4 through 11 herein.
Hazardous Substances Act, 15 U.S.C. with respect to the aforesaid banned Upon final acceptance of this
1261–1278, (‘‘FHSA’’). hazardous charm bracelets, as the term Agreement by the Commission and
3. Reebok is a corporation organized ‘‘knowingly’’ is defined in section issuance of the final Order, the
and existing under the laws of the 5(c)(5) of the FHSA, 15 U.S.C. Commission and those acting on its
Commonwealth of Massachusetts, with 1264(c)(5), in violation of section 4(a) behalf agree not to initiate any civil
its principal corporate office located at and (c) of the FHSA, 15 U.S.C. 1263(a) penalty action against Reebok based on
1895 J. W. Foster Boulevard, Canton, and (c). the aforementioned allegations under
MA 02021. Reebok is a manufacturer of 11. Pursuant to section 5(c)(1) of the the FHSA, 15 U.S.C. 1261–1278 or the
athletic footwear and apparel. FHSA, 15 U.S.C. 1264(c)(1), Reebok is Consumer Product Safety Act, 15 U.S.C.
Staff Allegations subject to civil penalties for the 2051–2084.
aforementioned violation. 19. The Commission may publicize
4. Between May 2004 and March the terms of the Agreement and Order.
2006, Reebok introduced or caused the Reebok’s Response 20. The Agreement and Order shall
introduction into interstate commerce, 12. Reebok denies the staff’s apply to, and be binding upon Reebok
or received in interstate commerce and allegations that it violated the FHSA as and each of its successors and assigns.
delivered or proffered delivery thereof set forth in paragraphs 4 through 11 21. The Commission issues the Order
for pay or otherwise approximately above. under the provisions of the FHSA, 15
300,000 Heart-Shaped Charm Bracelets U.S.C. 1264(c)(4), and a violation of this
(‘‘charm bracelets’’). The charm Agreement of the Parties Order may subject Reebok to
bracelets were provided as free gifts 13. Under the FHSA, the Commission appropriate legal action.
with the purchase of various styles of has jurisdiction over this matter and 22. This Agreement may be used in
children’s footwear. over Reebok. interpreting the Order. Agreements,
5. Reebok failed to take action to 14. In settlement of the staff’s understandings, representations, or
ensure that the charm bracelets did not allegations, Reebok shall pay a civil interpretations made outside of this
contain toxic levels of lead, thereby penalty in the amount of one million Agreement and Order may not be used
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creating a risk of lead poisoning and dollars ($1,000,000.00) within twenty to vary or contradict its terms.
adverse health effects to children. (20) calendar days of service of the final 23. This Agreement shall not be
6. In March 2006, Reebok received a Order of the Commission. This payment waived, changed, amended, modified,
report of the death of a four-year-old shall be made by check payable to the or otherwise altered without written
child allegedly caused by lead order of the United States Treasury. agreement thereto executed by the party

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16844 Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices

against whom such amendment, Authority ordered by the Commission access to or who store or will store
modification, alteration, or waiver is on February 1, 200; and it appearing classified information; and for
sought to be enforced. that the Settlement Agreement and determining the eligibility for access to
24. If after the effective date hereof, Order is in the public interest, it is classified information of contractors,
any provision of this Settlement ordered, that the Settlement Agreement licensees, and grantees and their
Agreement and Order is held to be be, and hereby, is accepted; and it is respective employees. The specific
illegal, invalid, or unenforceable under further ordered, that Reebok shall pay a requirements necessary to protect
present or future laws effective during civil penalty of one million dollars classified information released to
the terms of the Agreement and Order, ($1,000,000.00). This payment shall be private industry are set forth in DoD
such provision shall be fully severable. made by check payable to the order of 5200.22–M. ‘‘National Industrial
The balance of the Agreement and Order the United States Treasury within (20) Security Program Operating Manual
shall remain in full effect, unless the calendar days of service of the final (NISPOM).’’ Respondents must execute
Commission and Reebok agree that Order of the Commission upon Reebok. DD Form 441, ‘‘Department of Defense
severing the provision materially Upon the failure of Reebok to make full Security Agreement,’’ which is the
changes the purpose of the Settlement payment in the prescribed time, interest initial contract between industry and
Agreement and Order. on the outstanding balance shall accrue the government. This legally binding
25. Pursuant to section 6(b) of the and be paid at the federal rate of interest document details the responsibility of
Interim Delegation of Authority ordered under the provisions of 28 U.S.C. both parties and obligates the contractor
by the Commission on February 1, 2008, 1961(a) and (b). to fulfill requirements outlined in DoD
the Commission delegated to the Provisionally accepted and provisional 5220.22–M. The DD Form 441–1,
Assistant Executive Director for Order issued on the 17th day of March, 2008. ‘‘Appendage to Department of Defense
Compliance and Field Operations the By Order of the Commission. Security Agreement,’’ is used to extend
authority to act, with the concurrence of the agreement to branch offices of the
Todd A. Stevenson,
the General Counsel, for the Secretary Consumer Product Safety contractor. SF Form 328, ‘‘Certificate
Commission under 16 CFR 1118.20 with Commission. Pertaining to Foreign Interests’’ must be
respect to Staff allegations that Reebok [FR Doc. E8–6407 Filed 3–28–08; 8:45 am] submitted to provide certification
and affiliated entities violated 15 U.S.C. regarding elements of Foreign
1263 and are therefore subject to civil Ownership, Control or Influence (FOCI)
penalties under 15 U.S.C. 1264. as stipulated in paragraph 2–302b of the
Reebok International Ltd. DoD 5220.22–M.
DEPARTMENT OF DEFENSE Affected Public: Business or other for-
Dated: March 12, 2008.
Joseph W. Keane, Chief Financial Officer Office of the Secretary profit; not-for-profit institutions; state,
Reebok International Ltd., 1895 J. W. local, or tribal government.
Foster Boulevard Canton, MA 02021. [Docket No. DoD–2007–OS–0093] Frequency: On occasion.
Dated: March 12, 2008. Respondent’s Obligation: Required to
Peter L. Winik, Esquire, Latham & Watkins Submission for OMB Review; obtain or retain benefits.
LLP, 555 Eleventh Street, NW., Comment Request OMB Desk Officer: Ms. Sharon Mar.
Washington, DC 20004–1304 Attorneys Written comments and
for Reebok International Ltd. ACTION: Notice. recommendations on the proposed
U.S. Consumer Product Safety Commission.
The Department of Defense has information collection should be sent to
John Gibson Mullan, Assistant Executive submitted to OMB for clearance, the Ms. Mar at the Office of Management
Director, Office of Compliance and Field
following proposal for collection of and Budget, Desk Officer for DoD, Room
Operations U. S. Consumer Product, 10236, New Executive Office Building,
Safety Commission, 4330 East West information under the provisions of the
Paperwork Reduction Act (44 U.S.C. Washington, DC 20503. Comments may
Highway Bethesda, MD 20814, be e-mailed to Ms. Mar at
Ronald O. Yelenik, Acting Director, Legal Chapter 35).
Division. DATES: Consideration will be given to all You may also submit comments,
Office of Compliance and Field Operations. comments received by April 30, 2008. identified by docket number and title,
Dated: March 12, 2008. Title, Form, and OMB Number: by the following method:
Dennis C. Kacoyanis, Trial Attorney, Legal ‘‘Department of Defense Security • Federal eRulemaking Portal: http://
Division, Office of Compliance and Field Agreement’’ ‘‘Appendage to Department www.regulations.gov. Follow the
Operations. of Defense Security Agreement’’ instructions for submitting comments.
United States of America Consumer ‘‘Certificate Pertaining to Foreign Instructions: All submissions received
Product Safety Commission Interests’’; DD Forms 441, 441–1 and SF must include the agency name, docket
328; OMB Control Number 0704–0194. number and title for this Federal
[CPSC DOCKET NO. 08–C0004] Type of Request: Revision. Register document. The general policy
In the Matter of Reebok International Number of Respondents: 2,641. for comments and other submissions
Ltd., a Corporation Responses per Respondent: 2. from members of the public is to make
Annual Responses: 5,282. these submissions available for public
Order Average Burden per Response: 1.56 viewing on the Internet at http://
Upon consideration of the Settlement hours. www.regulations.gov as they are
Agreement entered into between Reebok Annual Burden Hours: 8,240. received without change, including any
International Ltd. (‘‘Reebok’’) and the Needs and Uses: Executive Order (EO) personal identifiers or contact
staff of the Consumer Product Safety 12829, ‘‘National Industrial Security
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Commission (‘‘the Commission’’); and Program (NISP)’’ stipulates that the DOD Clearance Officer: Ms. Patricia
the Commission having jurisdiction Secretary of Defense shall serve as the Toppings.
over the subject matter and Reebok; and Executive Agent for inspecting and Written requests for copies of the
pursuant to the authority delegated in monitoring the contractors, licensees, information collection proposal should
section 6(b) of the Interim Delegation of and grantees who require or will require be sent to Ms. Toppings at WHS/ESD/

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