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Federal Register / Vol. 73, No.

43 / Tuesday, March 4, 2008 / Notices 11615

Fellowships and for Designation as a DEPARTMENT OF COMMERCE complete these preliminary results.
Sea Grant College or Regional Therefore, in accordance with section
Consortium. International Trade Administration 751(a)(3)(A) of the Act, the Department
OMB Control Number: 0648–0362. [A–570–868]
is extending the time period for
Form Number(s): None. completion of the preliminary results of
Type of Request: Regular submission. Folding Metal Tables and Chairs from this review by 90 days until May 30,
Burden Hours: 857. the People’s Republic of China: Notice 2008.
Number of Respondents: 162. of Extension of Time Limit for the This notice is published in
Average Hours Per Response: Control Preliminary Results of the accordance with sections 751(a)(3)(A)
forms, 30 minutes; program record Antidumping Duty Administrative and 777(i) of the Act.
forms, 20 minutes; budget forms, 15 Review Dated: February 27, 2008.
minutes; applications for designation as Stephen J. Claeys,
AGENCY: Import Administration,
a Sea Grant college or regional Deputy Assistant Secretary for Import
International Trade Administration,
consortium, 20 hours; and fellowship Administration.
Department of Commerce
applications, 2 hours. [FR Doc. E8–4130 Filed 3–3–08; 8:45 am]
Needs and Uses: Applications are EFFECTIVE DATE: (March 4, 2008.
BILLING CODE 3510–DS–S
required for the designation of a public FOR FURTHER INFORMATION CONTACT:
or private institution of higher Laurel LaCivita or Benjamin Caryl, AD/
education, institute, laboratory, or State CVD Operations, Office 8, Import DEPARTMENT OF COMMERCE
or local agency as a Sea Grant college or Administration, International Trade
Sea Grant institute. Applications are Administration, U.S. Department of International Trade Administration
also required in order to be awarded a Commerce, 14th Street and Constitution
[A–570–803]
Sea Grant Fellowship, including the Avenue, NW, Washington, DC 20230;
Dean John A. Knauss Marine Policy telephone: (202) 482–4243 or (202) 482– Notice of Amended Final Results in
Fellowships. The grant monies are 3003, respectively. Accordance With Court Decision:
available for funding activities that help SUPPLEMENTARY INFORMATION: Heavy Forged Hand Tools, Finished or
attain the objectives of the Sea Grant Unfinished, With or Without Handles,
Background
Program. In addition to the SF–424 and From the People(s Republic of China
other standard grant application On July 26, 2007, the Department of
requirements, three NOAA forms are Commerce (‘‘the Department’’) AGENCY: Import Administration,
required with a grant application. These published the initiation of the International Trade Administration,
are the Sea Grant Control Form, used to administrative review of the Department of Commerce.
identify the organizations and personnel antidumping duty order on folding EFFECTIVE DATE: March 4, 2008.
who would be involved in the grant; the metal tables and chairs from the SUMMARY: On November 20, 2007, the
Project Record Form, which collects People’s Republic of China (‘‘PRC’’). See U.S. Court of International Trade
summary data on projects; and the Sea Initiation of Antidumping and (‘‘CIT’’) sustained the remand
Grant Budget Form (used in place of the Countervailing Duty Administrative redetermination issued by the
SF–424A or SF–424C). Reviews and Request for Revocation in Department of Commerce (‘‘the
Affected Public: Not-for-profit Part, 72 FR 41057 (July 26, 2007). This Department’’) pursuant to the CIT’s
institutions; individuals or households. review covers the period June 1, 2006, remand of the final results of the twelfth
Frequency: Annually. through May 31, 2007. The preliminary administrative review of the
Respondent’s Obligation: Required to results of review are currently due no antidumping duty orders on heavy
obtain or retain benefits. later than March 1, 2008. forged hand tools from the People’s
OMB Desk Officer: David Rostker, Republic of China (‘‘PRC’’). See
Extension of Time Limit for Preliminary Shandong Huarong Machinery Co. Ltd.,
(202) 395–3897. Results of Review
Copies of the above information Shandong Machinery Import & Export
collection proposal can be obtained by Pursuant to section 751(a)(3)(A) of the Corporation, Liaoning Machinery Import
calling or writing Diana Hynek, Tariff Act of 1930, as amended (‘‘the & Export Corporation, and Tianjin
Departmental Paperwork Clearance Act’’), the Department shall make a Machinery Import & Export Corporation
Officer, (202) 482–0266, Department of preliminary determination in an v. United States, Slip Op. 07–169 (CIT,
Commerce, Room 6625, 14th and administrative review of an 2007) (‘‘Shandong Huarong II’’). The
Constitution Avenue, NW., Washington, antidumping duty order within 245 CIT issued the public version of
DC 20230 (or via the Internet at days after the last day of the anniversary Shandong Huarong II on January 8,
dHynek@doc.gov). month of the date of publication of the 2008. The period of review (‘‘POR’’) for
Written comments and order. The Act further provides, the twelfth review is February 1, 2002,
recommendations for the proposed however, that the Department may through January 31, 2003.
information collection should be sent extend that 245-day period to 365 days In its redetermination, the Department
within 30 days of publication of this if it determines it is not practicable to assigned dumping margins to sales of (1)
notice to David Rostker, OMB Desk complete the review within the bars/wedges by Shandong Huarong
Officer, Fax number (202) 395–7285, or foregoing time period. Machinery Corporation Limited
David_Rostker@omb.eop.gov. The Department finds that it is not (‘‘Huarong’’); (2) bars/wedges by
practicable to complete the preliminary Liaoning Machinery Import & Export
Dated: February 28, 2008. results of the administrative review of Corporation/Liaoning Machinery Import
sroberts on PROD1PC70 with NOTICES

Gwellnar Banks, folding metal tables and chairs from the & Export Corporation Ltd. (collectively
Management Analyst, Office of the Chief PRC within this time limit. Specifically, ‘‘LMC/LIMAC’’); (3) bars/wedges by
Information Officer. due to complex issues related to the Shandong Machinery Import & Export
[FR Doc. E8–4093 Filed 3–3–08; 8:45 am] selection of surrogate values, we find Corporation (‘‘SMC’’); and (4) axes/
BILLING CODE 3510–22–P that additional time is needed to adzes, bars/wedges, hammers/sledges,

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11616 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Notices

and picks/mattocks by Tianjin Import & Export Corp., and Tianjin (1)(ii) explained that total AFA was
Machinery Import & Export Corporation Machinery Import & Export Corp. v. applied to TMC’s sales of bars/wedges
(‘‘TMC’’). As there is now a final and United States and Ames True Temper, because, in part, it failed to report its
conclusive court decision in this case Court No. 04(00460, Slip Op. 06–88 sales of forged tampers, which are
which is not in harmony with the (June 9, 2006) (‘‘Shandong Huarong I’’), subject to the bars/wedges order; (2)
underlying results of the disputed the CIT remanded the underlying final redetermined an AFA rate for TMC’s
administrative review, the Department results of review to the Department to: sales of merchandise covered by the
is amending the final results of the (1) Explain why the failure of Huarong bars/wedges order; (3) explained that
2002–2003 antidumping duty and TMC to report information on the period of investigation sales
administrative review of heavy forged scrapers and forged tampers, quantity is a valid benchmark for
hand tools from the PRC. respectively, justifies the use of total determining whether the respondent
FOR FURTHER INFORMATION CONTACT: Tom adverse facts available (‘‘AFA’’), rather sold in commercial quantities because it
Martin, AD/CVD Operations, Office 4, than just partial AFA, pursuant to represents the respondent(s behavior
Import Administration, International sections 776(a) and (b) of the Tariff Act without the discipline of an
Trade Administration, U.S. Department of 1930 (the ‘‘Act’’), for the axes/adzes antidumping order; (4) included in the
of Commerce, 14th Street and order for Huarong and the bars/wedges Department(s calculation of NV the cost
Constitution Avenue, NW, Washington, order for TMC; (2) provide a factual of labor and welding rod consumed in
DC 20230; telephone: (202) 482-3936. basis showing that the rate calculated making steel pallets; (5) examined the
SUPPLEMENTARY INFORMATION: for TMC is a reasonable estimate of its record of Stainless Steel Wire Rod From
actual rate plus an added amount to India; Final Results of Administrative
Background encourage cooperation; (3) explain how Review, 63 FR 48184 (September 9,
On September 15, 2004, the the Department(s commercial quantities 1998), and concluded that the brokerage
Department published its final results of methodology fulfills the purpose of 19 and handling surrogate value included
antidumping duty administrative CFR 351.222(e)(1), in relation to its all expenses noted by the petitioner,
review. See Heavy Forged Hand Tools, refusal to revoke SMC from the except those that the record does not
Finished or Unfinished, With or Without hammers/sledges order; (4) analyze show were incurred; (6) chose to
Handles, From the People’s Republic of further the issue of valuation of steel continue to apply the respondents’
China: Final Results of Antidumping pallets manufactured by certain hand average ME ocean freight expense to
Duty Administrative Reviews, Final tool factories; (5) revisit its decision that sales shipped with non–market
Partial Rescission of Antidumping Duty certain miscellaneous handling economy carriers; and (7) continued to
Administrative Reviews, and expenses are not included in the deny the petitioner’s request for a COS
Determination Not to Revoke in Part, 69 surrogate price of foreign brokerage and adjustment to TMC’s NV because there
FR 55581 (September 15, 2004) (‘‘Final handling and, if the Department was insufficient detail to determine
Results’’). In its Final Results the continues to find that the handling whether there was a correlation between
Department calculated antidumping expenses in question are not in the the expenses incurred by TMC and the
duty margins for Huarong, LMC/LIMAC, surrogate price of brokerage and surrogate producer. Based on the above
SMC, and TMC. On September 16, 2004, handling, to provide a thorough redeterminations, the Department
the four respondents filed a summons explanation; (6) explain why its recalculated the antidumping duty rates
with the CIT, and on September 20, decision to analyze market economy applicable to SMC’s sale of bars/wedges
2004, they filed a complaint with the (‘‘ME’’) purchases of ocean freight in and TMC’s sales of axes/adzes, bars/
CIT in which they identified the aspects aggregate is reasonable; and (7) explain wedges, hammers/sledges, and picks/
of the Final Results they are further its decision to deny the request mattocks as a result of the Department(s
challenging. On September 17, 2004, the for a circumstance of sale ((COS() modifications to NV. The Department
petitioner, Ames True Temper ((Ames(), adjustment to TMC’s normal value made no change to the antidumping
submitted comments alleging that the (‘‘NV’’). duty rates of Huarong’s and LMC/
Department made certain ministerial The Department released the Draft LIMAC’s sales of bars/wedges. On
errors in the Final Results. On Results of Redetermination Pursuant to November 20, 2007, the CIT sustained
September 28, 2004, the Department Court Remand to the petitioner and the all aspects of the remand
requested a voluntary remand to respondents for comment on December redetermination made by the
consider certain ministerial error 15, 2006. The Department received Department pursuant to the CIT’s
allegations raised by the parties. The comments from both Ames and the remand of the Final Results. See
CIT granted the Department(s request on respondents on December 29, 2006. On Shandong Huarong II. The CIT issued
November 3, 2004, and ordered the January 12, 2007, the Department issued the public version of Shandong
Department to address the alleged to the CIT its final results of Huarong II on January 8, 2008.
ministerial errors (without issuing a slip redetermination pursuant to Shandong Consistent with the decision made by
opinion). The Department corrected Huarong I. See Final Results of the Court of Appeal for the Federal
certain errors and published amended Redetermination Pursuant to Court Circuit (‘‘CAFC’’) in Timken Company
final results on December 1, 2004. See Remand, Court No. 04–00460 (January v. United States, 893 F.2d 337, 341 (Fed.
Heavy Forged Hand Tools, Finished or 12, 2007) found at http://ia.ita.doc.gov/ Cir. 1990), on January 17, 2008, the
Unfinished, With or Without Handles, remands/06–88.pdf. In the remand Department published a ‘‘Notice of
From the People’s Republic of China: redetermination the Department did the Court Decision Not in Harmony with
Notice of Amended Final Results of following: (1)(i) explained that AFA was Final Results of Administrative
Antidumping Duty Administrative applied to all of Huarong’s sales of axes/ Review,’’ which continued suspension
sroberts on PROD1PC70 with NOTICES

Reviews, 69 FR 69892 (December 1, adzes, pursuant to sections 776(a) and of liquidation of the subject
2004). (b) of the Act, because it failed to report merchandise until there was a (final and
In Shandong Huarong Machinery Co. requested information regarding its conclusive( decision in this case. See
Ltd., Liaoning Machinery Import & production and sales of scrapers, which Heavy Forged Hand Tools From the
Export Corp. Ltd., Shandong Machinery are subject to the axes/adzes order; People’s Republic of China: Notice of

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Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Notices 11617

Court Decision Not in Harmony With remand redetermination is final and to litigation for Huarong, LMC/LIMAC,
Final Results of Administrative Review, conclusive. SMC, and TMC, we are amending the
73 FR 3236 (January 17, 2008). On Amended Final Results final results of review to reflect the
January 20, 2008, the opportunity to findings of the remand results, pursuant
appeal the CIT’s decision to the CAFC The time period for appealing the to section 516A(e) of the Tariff Act of
expired. Since no party has appealed CIT’s final decision to the CAFC has 1930, as amended (‘‘the Act’’). The
expired and no party has appealed this
this decision to the CAFC, the CIT’s amended weighted–average margins are
decision. As there is now a final and
decision upholding the Department’s as follows:
conclusive court decision with respect

Exporter Weighted–Average Margin (Percent)

Shandong Huarong Machinery Corporation Limited (Huarong).


Bars/Wedges ..................................................................................................................................... 139.31
Liaoning Machinery Import & Export Corporation (LMC)/.
Liaoning Machinery Import & Export Corporation Ltd. (LIMAC).
Bars/Wedges ..................................................................................................................................... 139.31
Shandong Machinery Import & Export Corporation (SMC).
Bars/Wedges ..................................................................................................................................... 4.05
Tianjin Machinery Import & Export Corporation (TMC).
Axes/Adzes ........................................................................................................................................ 10.39
Bars/Wedges ..................................................................................................................................... 139.31
Hammers/Sledges ............................................................................................................................. 6.38
Picks/Mattocks ................................................................................................................................................. 4.61

Assessment Rates Dated: February 26, 2008. March 1, 2008. See Initiation of
David M. Spooner, Antidumping and Countervailing Duty
The Department will determine, and Assistant Secretary for Import Administrative Reviews and Request for
U.S. Customs and Border Protection Administration. Revocation in Part, 72 FR 41057 (July
(‘‘CBP’’) shall assess, antidumping [FR Doc. E8–4128 Filed 3–3–08; 8:45 am] 26, 2007).
duties on all appropriate entries. In BILLING CODE 3510–DS–S
accordance with 19 CFR 351.212(b)(1), Extension of Time Limit of Preliminary
Results.
we have calculated importer–specific
assessment rates. Where the importer– DEPARTMENT OF COMMERCE Section 751(a)(3)(A) of the Tariff Act
specific assessment rate is above de of 1930, as amended (‘‘the Act’’),
minimis on an ad valorem basis, International Trade Administration requires the Department to issue
calculated by dividing the dumping [A–570–601]
preliminary results within 245 days
margins found on examined subject after the last day of the anniversary
Tapered Roller Bearings and Parts month of an order. However, if it is not
merchandise by the estimated entered
Thereof, Finished or Unfinished, from practicable to complete the review
value, we will instruct CBP to assess
the People’s Republic of China: within this time period, section
antidumping duties on that importer(s
Extension of Time Limit for Preliminary 751(a)(3)(A) of the Act allows the
entries of subject merchandise. In Department to extend the time period to
accordance with 19 CFR 351.106(c)(2), Results of Antidumping Duty
Administrative Review a maximum of 365 days. Completion of
we will instruct CBP to liquidate the preliminary results of this review
without regard to antidumping duties AGENCY: Import Administration, within the 245-day period is not
any entries for which the importer– International Trade Administration, practicable because the Department
specific assessment rate is de minimis Department of Commerce. needs additional time to analyze
(i.e., less than 0.5 percent ad valorem). EFFECTIVE DATE: March 4, 2008. information pertaining to the
Since the actual entered value of the FOR FURTHER INFORMATION CONTACT: Paul respondents’ reporting methodology
merchandise was not reported to the Stolz, AD/CVD Operations, Office 8, with respect to U.S. sales, to evaluate
Department, we have divided, where Import Administration, International certain issues raised by the petitioners,
applicable, the total dumping margins Trade Administration, U.S. Department and to issue and review responses to
(calculated as the difference between of Commerce, 14th Street and supplemental questionnaires.
NV and export price) for each importer Constitution Avenue, NW, Washington, Because it is not practicable to
by the total number of units sold to the DC 20230; telephone: (202) 482–4474. complete this review within the time
importer. We will direct CBP to assess SUPPLEMENTARY INFORMATION: specified under the Act, we are fully
the resulting unit dollar amount against extending the time period for issuing
Background the preliminary results of review to 365
each unit of subject merchandise
entered by the importer during the POR. On July 26, 2007 the Department of days until June 29, 2008, in accordance
The Department will issue appropriate Commerce (‘‘the Department’’) initiated with section 751(a)(3)(A) of the Act.
assessment instructions directly to CBP an administrative review of the Because this deadline falls on a
antidumping duty order on tapered weekend, the appropriate deadline is
15 days after publication of these
roller bearings and parts thereof, the next business day (i.e., Monday).
sroberts on PROD1PC70 with NOTICES

amended final results of review.


finished or unfinished (‘‘TRBs’’), from Therefore, we will issue the preliminary
This notice is published in the People’s Republic of China (‘‘PRC’’) results no later than June 30, 2008. The
accordance with section 516A(e) of the for the period June 1, 2006 through May final results continue to be due 120 days
Act. 31, 2007. The preliminary results of this after the publication of the preliminary
review are currently due no later than results. This notice is published

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