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Federal Register / Vol. 72, No.

215 / Wednesday, November 7, 2007 / Notices 62837

WOODEN BEDROOM FURNITURE FROM THE PRC—Continued


Weighted-
average
Exporter margin
(percent)

Wan Bao Chen Group Hong Kong Co. Ltd. ........................................................................................................................................ 35.78
Winmost Enterprises Limited ............................................................................................................................................................... 35.78
Xilinmen Group Co. Ltd. ...................................................................................................................................................................... 35.78
Yongxin Industrial (Holdings) Limited .................................................................................................................................................. 35.78
Zhongshan Gainwell Furniture Co. Ltd. .............................................................................................................................................. 35.78
PRC-Wide Rate ................................................................................................................................................................................... 216.01

Assessment Rates that company); (2) for previously Interested parties are invited to
The Department has determined, and investigated or reviewed PRC and non- comment on these preliminary results.
U.S. Customs and Border Protection PRC exporters not listed above that have (See the ‘‘Public Comment’’ section,
(‘‘CBP’’) shall assess, antidumping separate rates, the cash deposit rate will infra.)
duties on all appropriate entries. For continue to be the exporter-specific rate
DATES: Effective Date: November 7,
customers/importers of respondents that published for the most recent period; (3)
2007.
did not report entered value, we for all PRC exporters of subject
merchandise which have not been FOR FURTHER INFORMATION CONTACT:
calculated customer/importer-specific
antidumping duty assessment amounts found to be entitled to a separate rate, Kristen Johnson, AD/CVD Operations,
based on the ratio of the total amount of the cash deposit rate will be the PRC- Office 3, Import Administration,
antidumping duties calculated for the wide rate of 216.01 percent; and (4) for International Trade Administration,
examined sales of subject merchandise all non-PRC exporters of subject U.S. Department of Commerce, 14th
to the total quantity of subject merchandise which have not received Street and Constitution Avenue, NW.,
merchandise sold in those transactions. their own rate, the cash deposit rate will Washington, DC 20230; telephone: (202)
For customers/importers of respondents be the rate applicable to the PRC 482–4793.
that reported entered value, we exporters that supplied that non-PRC SUPPLEMENTARY INFORMATION:
calculated customer-specific exporter. These deposit requirements
shall remain in effect until further Background
antidumping duty assessment amounts
based on customer/importer-specific ad notice. On March 7, 1986, the Department
valorem rates in accordance with 19 These second amended final results published in the Federal Register the
CFR 351.212(b)(1). For the companies are published in accordance with CVD order on certain welded carbon
receiving a separate rate that were not sections 751(h) and 777(i)(1) of the Act. steel pipe and tube products from
selected for individual review (i.e., Dated: November 5, 2007. Turkey. See Countervailing Duty Order:
separate rate companies) we will Stephen J. Claeys, Certain Welded Carbon Steel Pipe and
calculate an assessment rate based on Acting Assistant Secretary for Import Tube Products from Turkey, 51 FR 7984
the weighted average of the cash deposit Administration. (March 7, 1986). On March 2, 2007, the
rates calculated for the companies [FR Doc. E7–21955 Filed 11–6–07; 8:45 am] Department published a notice of
selected for individual review excluding BILLING CODE 3510–DS–P
opportunity to request an administrative
any that are zero, de minimis, or based review of this CVD order. See
entirely on AFA pursuant to section Antidumping or Countervailing Duty
735(c)(5)(B) of the Act. The Department DEPARTMENT OF COMMERCE Order, Finding, or Suspended
intends to issue appropriate assessment Investigation; Opportunity to Request
instructions directly to CBP 15 days International Trade Administration Administrative Review, 72 FR 9505
after the date of publication of the (March 2, 2007). On March 16, 2007, we
[C–489–502] received a timely request for review
second amended final results of these
new shipper and administrative from Borusan Mannesmann Boru Sanayi
Certain Welded Carbon Steel Standard
reviews. ve Ticaret A.S. (‘‘BMB’’), Borusan
Pipe From Turkey: Preliminary Results
Istikbal Ticaret T.A.S. (‘‘Istikbal’’) and
Cash Deposit Requirements of Countervailing Duty Administrative
their affiliates (collectively, the Borusan
Review
The following cash deposit Group (‘‘Borusan’’)), a Turkish producer
requirements will be effective upon AGENCY: Import Administration, and exporter of the subject merchandise.
publication of these second amended International Trade Administration, On April 27, 2007, the Department
final results of this administrative Department of Commerce. initiated an administrative review of the
review and new shippers for all SUMMARY: The Department of Commerce CVD order on certain welded carbon
shipments of the subject merchandise (‘‘the Department’’) is conducting an steel standard pipe from Turkey,
entered, or withdrawn from warehouse, administrative review of the covering the period January 1, 2006,
for consumption on or after the countervailing duty (‘‘CVD’’) order on through December 31, 2006. See
publication date, as provided for by certain welded carbon steel standard Initiation of Antidumping and
section 751(a)(2)(C) of the Act: (1) For pipe from Turkey for the period January Countervailing Duty Administrative
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the exporters listed above, the cash 1, 2006, through December 31, 2006. We Reviews, 72 FR 20986 (April 27, 2007).
deposit rate will be the rates shown for preliminarily find that the net subsidy On May 1, 2007, the Department
those companies (except if the rate is de rate for the company under review is de issued a questionnaire to Borusan and
minimis, i.e., less than 0.5 percent, a minimis. See the ‘‘Preliminary Results the Government of the Republic of
zero cash deposit will be required for of Review’’ section of this notice, infra. Turkey (‘‘the GOT’’); we received

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62838 Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices

Borusan’s and the GOT’s questionnaire 19 CFR 351.505(a). Where no company- Analysis of Programs
responses on July 5, 2007. specific benchmark interest rates are
In accordance with 19 CFR I. Programs Preliminarily Determined To
available, as is the case in this review, Be Countervailable
351.213(b), this review covers only the Department’s regulations direct us to
those producers or exporters of the use a national average interest rate as A. Deduction From Taxable Income for
subject merchandise for which a review the benchmark. See 19 CFR Export Revenue
was specifically requested. The only 351.505(a)(3)(ii). According to the GOT, Addendum 4108 of Article 40 of the
company subject to this review is however, there is no official national Income Tax Law, dated June 2, 1995,
Borusan. This review covers 11 allows companies that operate
average short-term interest rate
programs. internationally to claim, directly on
available.3 Therefore, we have
Scope of the Order calculated the benchmark interest rate their corporate income tax returns, a tax
The products covered by this order for short-term New Turkish Lira deduction equal to 0.5 percent of the
are certain welded carbon steel pipe and (‘‘YTL’’) denominated loans based on foreign exchange revenue earned from
tube with an outside diameter of 0.375 short-term interest rate data for 2006, as exports and other international
inch or more, but not over 16 inches, of reported by The Economist.4 activities.6 The income tax deduction
any wall thickness (pipe and tube) from for export earnings may either be taken
To calculate the benchmark, we as a lump sum or be used to cover
Turkey. These products are currently sourced the short-term interest rate
provided for under the Harmonized certain undocumented expenses, which
reported in the last weekly publication were incurred through international
Tariff Schedule of the United States of The Economist for each quarter of
(‘‘HTSUS’’) as item numbers 7306.30.10, activities, that would otherwise be non-
2006, i.e., the March 23, 2006, June 22, deductible for tax purposes (e.g.,
7306.30.50, and 7306.90.10. Although
2006, September 28, 2006, and expenses paid in cash, such as for
the HTSUS subheadings are provided
for convenience and customs purposes, December 19, 2006, editions. We then lodging, gasoline, and food).
simple averaged those rates to calculate Consistent with prior determinations,
the written description of the
an annual short-term interest rate for we preliminarily find that this tax
merchandise is dispositive.
Turkey.5 We then compared the deduction is a countervailable subsidy.
Period of Review nominal average interest rate with the See 2005 Pipe Final, 72 FR 13429
The period for which we are interest rates that the company paid (affirming preliminary results, 71 FR at
measuring subsidies is January 1, 2006, against the YTL-denominated Foreign 68552) and 2004 Pipe Memorandum, at
through December 31, 2006. Trade Companies Short-Term Export ‘‘Deduction from Taxable Income for
Export Revenue.’’ The deduction
Company History Credits and Pre-Export Credits. See
provides a financial contribution within
Memorandum to the File concerning the the meaning of section 771(5)(D)(ii) of
BMB was the only company in the Calculations for the Preliminary Results
Borusan Group that produced the the Tariff Act of 1930, as amended (‘‘the
of the 2006 Review of the Act’’), because it represents revenue
subject merchandise during the period
Countervailing Duty Order on Certain forgone by the GOT. The deduction
of review (‘‘POR’’).1 During 2006, all
subject merchandise sold to the United Welded Carbon Steel Standard Pipe provides a benefit in the amount of the
States was either sold directly to the from Turkey, at 2 (November 1, 2007). tax savings to the company pursuant to
U.S. customer by BMB, or first sold by This methodology is consistent with the section 771(5)(E) of the Act. It is also
BMB to Istikbal, the affiliated export Department’s practice. See Final Results specific under section 771(5A)(B) of the
sales company, and then resold to an of Countervailing Duty Administrative Act because its receipt is contingent
unaffiliated U.S. customer. Review: Certain Welded Carbon Steel upon export earnings. In this review, no
BMB’s shares are majority held by Standard Pipe from Turkey, 72 FR new information or evidence of changed
Borusan Mannesmann Boru Yatirim 13479 (March 22, 2007) (‘‘2005 Pipe circumstances has been submitted to
Holding A.S., a holding company Final’’) (affirming methodology from the warrant reconsideration of the
owned by Borusan Holding A.S.2 and by preliminary results, 71 FR 68550, 68551 Department’s prior findings.
Mannesmannrohren-Werke A.G., a (November 27, 2006)); see also, 2004 During 2006, the review period, BMB
publicly traded company in Germany. Pipe Memorandum at ‘‘Benchmark and Istikbal filed separate corporate
Istikbal is majority-owned by Borusan Interest Rates’’ and ‘‘Comment 1: income tax returns for tax year 2005.
Holding A.S. Benchmark Interest Rate for Turkish lira Each company utilized the deduction
for export earnings with respect to its
Subsidies Valuation Information Loans.’’
2005 income taxes.
Benchmark Interest Rates The Department typically treats a tax
deduction as a recurring benefit in
To determine whether government-
accordance with 19 CFR 351.524(c)(1).
provided loans under review conferred
To calculate the countervailable subsidy
a benefit, the Department uses, where 3 See GOT’s Questionnaire Response, at 19 (July
rate for this program, we calculated the
possible, company-specific interest rates 5, 2007). tax savings realized by BMB and Istikbal
for comparable commercial loans. See 4 In each issue, The Economist reports short-term
in 2006, as a result of the deduction for
interest data on a percentage per annum basis for
1 BMB was previously named Borusan Birlesik
export earnings. We then divided that
select countries.
Boru Fabrikalari San ve Tic. (‘‘BBBF’’). The 5 The short-term YTL interest rates sourced from
benefit by Borusan’s total export sales
company’s name was changed to BMB on December The Economist do not include commissions or fees
for 2006. On this basis, we preliminarily
13, 2004. See Final Results of Countervailing Duty determine the net countervailable
paid to commercial banks, i.e., they are nominal
Administrative Review: Certain Welded Carbon
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Steel Standard Pipe from Turkey, 71 FR 43111 (July rates. See Carbon and Certain Alloy Steel Wire Rod subsidy for this program to be 0.12
31, 2006) (‘‘2004 Pipe Final’’), and accompanying from Turkey; Final Negative Countervailing Duty percent ad valorem.
Issues and Decision Memorandum at ‘‘Company Determination, 67 FR 55815 (August 30, 2002)
Information’’ (‘‘2004 Pipe Memorandum’’). (‘‘Wire Rod’’), and accompanying Issues and 6 These actions include construction, repair,
2 Borusan Holding A.S. is owned by the family of Decision Memorandum, at ‘‘Benchmark Interest installation, and transportation activities that occur
Asim Kocabiyik, the company’s founder. Rates’’ (‘‘Wire Rod Memorandum’’). abroad.

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Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices 62839

B. Foreign Trade Companies Short-Term we have treated this program as an difference between the payments of
Export Credits untied export loan program, which interest that BMB made on the loans
The Foreign Trade Company (‘‘FTC’’) renders it countervailable regardless of during the POR and the payments the
loan program was established by the whether the loans were used for exports company would have made on
Export Credit Bank of Turkey (‘‘Export to the United States. See id. comparable commercial loans. The
Bank’’) to meet the working capital Pursuant to 19 CFR 351.505(a)(1), we program is also specific in accordance
needs of exporters, manufacturer- have calculated the benefit as the with section 771(5A)(B) of the Act
exporters, and manufacturers supplying difference between the payments of because receipt of the loans is
exporters. This program is specifically interest that Istikbal made on its FTC contingent upon export performance.
designed to benefit Foreign Trade loans during the POR and the payments Further, like the FTC loans, these
Corporate Companies (‘‘FTCC’’) and the company would have made on loans are not tied to a particular export
Sectoral Foreign Trade Companies comparable commercial loans.8 In destination. Therefore, we have treated
(‘‘SFTC’’).7 An FTCC is a company accordance with section 771(6)(A) of the this program as an untied export loan
whose export performance was at least Act, we subtracted from the benefit program rendering it countervailable
US$100 million in the previous year amount the fees that Istikbal paid to regardless of whether the loans were
and whose paid in capital is at least commercial banks for the required used for exports to the United States.
YTL 2 million. letters of guarantee. We then divided the See id.
To eligible applicants, the Export resulting benefit by Borusan’s total Pursuant to 19 CFR 351.505(a)(1), we
Bank provides short-term export loans export sales for 2006. On this basis, we have calculated the benefit as the
directly to companies in Turkish lira or preliminarily find that the net difference between the payments of
foreign currency, based on their prior countervailable subsidy for this program interest that BMB made on its pre-
export performance, up to 100 percent is 0.06 percent ad valorem. export loans during the POR and the
of the FOB export commitment. The C. Pre-Export Credits payments the company would have
loan interest rates are set by the Export made on comparable commercial loans.9
Bank and the maturity of the loans is This program is similar to the FTC In accordance with section 771(6)(A) of
usually 180 days for YTL-denominated credit program described above; the Act, we subtracted from the benefit
loans and 360 days for foreign currency- however, companies classified as either amount the fees which BMB paid to
denominated loans. To qualify for an FTC or SFTC are not eligible for pre- commercial banks for the required
FTC loan, along with the necessary export loans. Under the pre-export letters of guarantee. We then divided the
application documents, a company must credit program, a company’s past export resulting benefit by Borusan’s total
provide a bank letter of guarantee, performance is considered in evaluating export value for 2006. On this basis, we
equivalent to the loan’s principal and its eligibility for loans and establishing preliminarily find that the net
interest amount, because the financing the credit limit. Specifically, to be countervailable subsidy for this program
is a direct credit from the Export Bank. eligible for a loan, a company must have is 0.05 percent ad valorem.
Istikbal, which has FTC status, was the exported more than $200,000 of goods
in the prior 12-month period. Like FTC II. Program Preliminarily Determined To
only Borusan company to receive FTC Not Confer Countervailable Benefits
credits during the POR. loans, the Export Bank directly extends
Consistent with previous to companies’ pre-export loans, which A. Inward Processing Certificate
determinations, we preliminarily find are contingent upon export Exemption
that these loans confer a countervailable commitment. The loans, whose interest
rates are set by the Export Bank, are Under the Inward Processing
subsidy within the meaning of section Certificate (‘‘IPC’’) 10 program,
771(5) of the Act. See, e.g., 2005 Pipe denominated in either Turkish lira or
foreign currency and have a maximum companies are exempt from paying
Final, 72 FR 13429 (affirming customs duties and value added taxes
preliminary results, 71 FR at 68552); maturity of 360 and 540 days,
respectively. To quality for a pre-export (‘‘VAT’’) on raw materials and
and 2004 Pipe Memorandum at intermediate unfinished goods imported
‘‘Foreign Trade Companies Short-Term loan, along with necessary application
documents, a company must provide a to be used in the production of exported
Export Credits.’’ The loans constitute a goods. Companies may choose whether
financial contribution in the form of a bank letter of guarantee, equivalent to
the loan’s principal and interest to be exempted from the applicable
direct transfer of funds from the GOT, duties and taxes upon importation (i.e.,
under section 771(5)(D)(i) of the Act. A amount. During the POR, BMB paid
interest against pre-export loans. the Suspension System) or have the
benefit exists under section 771(5)(E)(ii) duties and taxes reimbursed after
of the Act in the amount of the Consistent with previous
determinations, we preliminarily find exportation of the finished goods (i.e.,
difference between the payments of the Drawback System). Under the
interest that Istikbal made on its loans that these loans confer a countervailable
subsidy within the meaning of section Suspension System, companies provide
during the POR and the payments the a letter of guarantee that is returned to
company would have made on 771(5) of the Act. See, e.g., 2005 Pipe
Final, 72 FR 13429 (affirming the companies upon fulfillment of the
comparable commercial loans. The export commitment.
program is also specific in accordance preliminary results, 71 FR at 68552);
and 2004 Pipe Memorandum at ‘‘Pre- To participate in this program, a
with section 771(5A)(B) of the Act company must hold an IPC, which lists
because receipt of the loans is Export Credits.’’ The loans constitute a
financial contribution in the form of a the amount of raw materials/
contingent upon export performance. intermediate unfinished goods to be
Further, the FTC loans are not tied to a direct transfer of funds from the GOT,
particular export destination. Therefore, under section 771(5)(D)(i) of the Act. A
9 See ‘‘Benchmark Interest Rates,’’supra
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benefit exists under section 771(5)(E)(ii) (discussing the benchmark rates used in these
7 To promote exports and diversity in products of the Act in the amount of the preliminary results).
exported, the GOT encouraged small and medium 10 During the POR, the IPC was implemented

scale enterprises to form SFTC, which comprise five 8 See ‘‘Benchmark Interest Rates,’’ supra under Resolution No. 2005/8391. A copy of this
to ten companies that operate together in a similar (discussing the benchmark rates used in these resolution was submitted by the GOT in its July 5,
sector. preliminary results). 2007, Questionnaire Response as Exhibit 23.

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62840 Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices

imported and the amount of product to case of the exemption upon export of A. VAT Support Program (Incentive
be exported. To obtain an IPC, an indirect taxes, a benefit exists to the Premium on Domestically Obtained
exporter must submit an application, extent that the Department determines Goods)13
which states the amount of imported that the amount exempted exceeds the B. Pre-Shipment Export Credits
raw material required to produce the amount levied with respect to the C. Post-Shipment Export Loans
finished products and a ‘‘letter of export production and distribution of like
commitment,’’ which specifies that the D. Pre-Shipment Rediscount Loans
products when sold for domestic
importer of materials will use the E. Subsidized Turkish Lira Credit
consumption.
materials to produce exported goods. Facilities
There are two types of IPCs: a D–1 In prior reviews, the Department F. Subsidized Credit for Proportion of
certificate and a D–3 certificate.11 found that, in accordance with 19 CFR Fixed Expenditures
During the POR, Borusan utilized D–1 351.519(a)(4)(i), the GOT has a system
G. Regional Subsidies.
certificates associated with imports of in place to confirm which inputs are
hot-rolled coil and zinc used in the consumed in the production of the Preliminary Results of Review
production of carbon steel pipe and exported product and in what amounts,
In accordance with 19 CFR
tube. Borusan did not utilize any D–3 and that the system is reasonable for the
351.221(b)(4)(i), we have calculated a
certificates during the POR. purposes intended. See 2005 Pipe Final, subsidy rate for Borusan for the period
An IPC specifies the maximum 72 FR 13429 (affirming preliminary January 1, 2006, through December 31,
quantity of inputs that can be imported results, 71 FR at 68552); and 2004 Pipe
under the program. Under the IPC 2006. We preliminarily determine that
Memorandum, at ‘‘Inward Processing the total net countervailable subsidy
program, the value of imported inputs Certificate Exemption.’’ During the POR,
may not exceed the value of the rate is 0.23 percent ad valorem, which
under D–1 certificates, Borusan received is de minimis, pursuant to 19 CFR
exported products. Input/output usage duty and VAT exemptions on certain
rates listed on an IPC are set by the GOT 351.106(c).
imported inputs used in the production The Department intends to issue
working in conjunction with Turkey’s
of steel pipes and tubes and not duty or assessment instructions to U.S. Customs
Exporter Associations, which are quasi-
governmental organizations, which VAT refunds. There is no evidence on and Border Protection (‘‘CBP’’) 15 days
represent different industries. The the record of this review that indicates after the date of publication of the final
input/output usage rates vary by the amount of exempted inputs results of this review. If the final results
product and industry and are imported under the program were remain the same as these preliminary
determined using data from capacity excessive or that Borusan used the results, the Department will instruct
reports submitted by companies that imported inputs for any other product CBP to liquidate without regard to
apply for IPCs. The input/output usage besides those exported. Further, there is countervailing duties all shipments of
rates are subject to periodic review and no evidence on the record of this review subject merchandise produced by
verification by the GOT. The GOT uses to warrant a reconsideration of the Borusan entered, or withdrawn from
the input/output usage rates to ensure Department’s finding that the GOT’s IPC warehouse, for consumption from
that a company’s expected export monitoring system is reasonable. January 1, 2006, through December 31,
quantities are sufficient to cover the Therefore, consistent with the 2005 2006. The Department will also instruct
quantity of inputs imported duty-free CBP not to collect cash deposits of
Pipe Final and 2004 Pipe Final, we
under the program.12 Each time a estimated countervailing duties on all
preliminarily determine that the tax and
company imports raw materials on a shipments of the subject merchandise
duty exemptions, which Borusan
duty exempt basis, the company must produced by Borusan, entered, or
received on imported inputs under D–
present the IPC to Turkish customs. withdrawn from warehouse, for
Pursuant to 19 CFR 351.519(a)(1)(ii), a 1 certificates of the IPC program, did not consumption on or after the date of
benefit exists to the extent that the confer countervailable benefits as publication of the final results of this
exemption extends to inputs that are not Borusan consumed the imported inputs review.
consumed in the production of the in the production of the exported
CBP will continue to collect cash
exported product, making normal product, making normal allowance for
deposits for non-reviewed companies at
allowances for waste, or if the waste. We further preliminarily find
the most recent company-specific or
exemption covers charges other than that the VAT exemption did not confer country-wide rate applicable to the
imported charges that are imposed on countervailable benefits on Borusan company. Accordingly, the cash deposit
the input. In regard to the VAT because the exemption does not exceed rates that will be applied to companies
exemption granted under this program, the amount levied with respect to the covered by this order but not examined
pursuant to 19 CFR 351.517(a), in the production and distribution of like in this review, are those established in
products when sold for domestic the most recently completed
11 For more information on D–3 certificates, see
consumption. Further, because Borusan administrative proceeding for each
GOT’s Questionnaire Response, at 38–40 (July 5,
2007); 2004 Pipe Memorandum, at ‘‘Inward
did not import any goods under a D–3 company. Those rates shall apply to all
Processing Certificate Exemption,’’ and certificate during the POR, we non-reviewed companies until a review
Memorandum to Melissa Skinner, Director, AD/ preliminarily determine that this aspect of a company assigned these rates is
CVD Operations, Office 3, from Team regarding of the IPC program was not used.
Verification of the Questionnaire Responses
requested.
submitted by the Government of the Republic of III. Programs Preliminarily Determined These deposit requirements, when
Turkey, at 9–12 (March 31, 2006) (the public imposed, shall remain in effect until
version of the verification report is available on the To Not Be Used
public file in the Department’s Central Records
further notice.
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Unit, room B–099). We examined the following programs


12 For more information on how waste/usage rates and preliminarily determine that 13 Although we found this program to be

are set by the GOT, see 2004 Pipe Memorandum, Borusan did not apply for or receive terminated in Wire Rod, residual payments for
at ‘‘Inward Processing Certificate Exemption’’; and puchases made prior to the program’s termination
GOT’s Questionnaire Response, at Exhibit 5, pages
benefits under these programs during were permitted. See Wire Rod Memorandum, at
10–11 (July 14, 2006). the POR: ‘‘VAT Support Program.’’

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Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices 62841

Public Comment DEPARTMENT OF EDUCATION that the submission was mailed on or


before the mandatory deadline date:
Pursuant to 19 CFR 351.224(b), the Submission of Data by State 1. A legibly dated U.S. Postal Service
Department will disclose to parties to Educational Agencies postmark.
the proceeding any calculations 2. A legible mail receipt with the date
performed in connection with these AGENCY: National Center for Education of mailing stamped by the U.S. Postal
preliminary results within five days Statistics, Institute of Education Service.
after the date of the public Sciences, Department of Education. 3. A dated shipping label, invoice, or
announcement of this notice. Pursuant ACTION: Notice of dates of submission of receipt from a commercial carrier.
to 19 CFR 351.309, interested parties State revenue and expenditure reports 4. Any other proof of mailing
may submit written comments in for fiscal year (FY) 2007 and of revisions acceptable to the Secretary.
response to these preliminary results. to those reports. If the SEA mails ED Form 2447
Unless otherwise indicated by the through the U.S. Postal Service, the
Department, case briefs must be SUMMARY: The Secretary announces Secretary does not accept either of the
submitted within 30 days after the date dates for the submission by State following as proof of mailing:
of publication of this notice, pursuant to educational agencies (SEAs) of 1. A private metered postmark.
19 CFR 351.309(c)(1)(ii). Rebuttal briefs, expenditure and revenue data and 2. A mail receipt that is not dated by
limited to arguments raised in case average daily attendance statistics on ED the U.S. Postal Service.
briefs, must be submitted no later than Form 2447 (the National Public Note: The U.S. Postal Service does not
five days after the time limit for filing Education Financial Survey (NPEFS)) uniformly provide a dated postmark. Before
case briefs, unless otherwise specified for FY 2007. The Secretary sets these relying on this method, an SEA should check
by the Department, pursuant to 19 CFR dates to ensure that data are available to with its local post office.
351.309(d)(1). Parties who submit serve as the basis for timely distribution
argument in this proceeding are FOR FURTHER INFORMATION CONTACT: Ms.
of Federal funds. The U.S. Bureau of the
requested to submit with the argument: Terri Kennerly, Chief, Bureau of the
Census (Bureau of the Census) is the
(1) A statement of the issues, and (2) a Census, ATTENTION: Governments
data collection agent for the National
brief summary of the argument. Parties Division, Washington, DC 20233–6800.
Center for Education Statistics (NCES).
submitting case and/or rebuttal briefs Telephone: (301) 763–1559. If you use a
The data will be published by NCES and
are requested to provide the Department telecommunications device for the deaf
will be used by the Secretary in the
copies of the public version on disk. (TDD), you may call the Federal Relay
calculation of allocations for FY 2009
Case and rebuttal briefs must be served Service (FRS) at 1–800–877–8339.
appropriated funds.
on interested parties in accordance with Individuals with disabilities may
DATES: The date on which submissions obtain this document in an alternative
19 CFR 351.303(f). Also, pursuant to 19
will first be accepted is March 17, 2008. format (e.g., Braille, large print,
CFR 351.310(c), within 30 days of the
The mandatory deadline for the final audiotape, or computer diskette) on
date of publication of this notice,
submission of all data, including any request to: Frank Johnson, National
interested parties may request a public
revisions to previously submitted data, Center for Education Statistics, Institute
hearing on arguments to be raised in the
is September 2, 2008. of Education Sciences, U.S. Department
case and rebuttal briefs. Unless the
Addresses and Submission of Education, Washington, DC 20208–
Secretary specifies otherwise, the
Information: SEAs may mail ED Form 5651. Telephone: (202) 502–7362.
hearing, if requested, will be held two
2447 to: Bureau of the Census, SUPPLEMENTARY INFORMATION: Under the
days after the date for submission of
ATTENTION: Governments Division, authority of section 153(a)(1)(I) of the
rebuttal briefs, that is, 37 days after the
Washington, DC 20233–6800. Education Sciences Reform Act of 2002,
date of publication of these preliminary
results. SEAs may submit data via the World 20 U.S.C. 9543, which authorizes NCES
Wide Web using the interactive survey to gather data on the financing of
Representatives of parties to the
form at surveys.nces.ed.gov/ccdnpefs. If education, NCES collects data annually
proceeding may request disclosure of
the Web form is used, it includes a from SEAs through ED Form 2447. The
proprietary information under
digital confirmation page where a pin report from SEAs includes attendance,
administrative protective order no later
number may be entered. A successful revenue, and expenditure data from
than 10 days after the representative’s
entry of the pin number serves as a which NCES determines the average
client or employer becomes a party to
signature by the authorizing official. A State per-pupil expenditure (SPPE) for
the proceeding, but in no event later
certification form also may be printed elementary and secondary education, as
than the date the case briefs, under 19
from the Web site, and signed by the defined in the Elementary and
CFR 351.309(c)(ii), are due. See 19 CFR
authorizing official and mailed to the Secondary Education Act of 1965, as
351.305(b)(3). The Department will
Governments Division of the Bureau of amended (ESEA) (20 U.S.C. 7801(2)).
publish the final results of this
the Census, at the address listed in the In addition to utilizing the SPPE data
administrative review, including the
previous paragraph. This signed form as general information on the financing
results of its analysis of arguments made
must be mailed within five business of elementary and secondary education,
in any case or rebuttal briefs.
days of Web form data submission. the Secretary uses these data directly in
This administrative review is issued
Alternatively, SEAs may hand deliver calculating allocations for certain
and published in accordance with
submissions by 4 p.m. (Eastern Time) to: formula grant programs, including Title
section 751(a)(1), 777(i)(1) of the Act
Governments Division, Bureau of the I, Part A of the ESEA, Impact Aid, and
and 19 CFR 351.221(b)(4).
Census, 4600 Silver Hill Road, Suitland, Indian Education programs. Other
Dated: November 1, 2007. MD 20746. programs, such as the Educational
pwalker on PROD1PC71 with NOTICES

David M. Spooner, If an SEA’s submission is received by Technology State Grants program (Title
Assistant Secretary for Import the Bureau of the Census after II, Part D of the ESEA), the Education for
Administration. September 2, 2008, in order for the Homeless Children and Youth Program
[FR Doc. E7–21874 Filed 11–6–07; 8:45 am] submission to be accepted, the SEA under Title VII of the McKinney-Vento
BILLING CODE 3510–DS–P must show one of the following as proof Homeless Assistance Act, the Teacher

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