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Federal Register / Vol. 72, No.

106 / Monday, June 4, 2007 / Notices 30773

Manufacturers/Export- Weighted Average FOR FURTHER INFORMATION CONTACT: Documents on the Record (May 9, 2007)
ers/Producers Margin (percent) David Layton at (202) 482–0371; AD/ (Record Memo). On April 9, 2007, and
CVD Operations, Office 1, Import May 9, 2007, we also placed certain
Crownridge Stainless Administration, International Trade documents from the final results of the
Steels, Ltd. (Valkai Administration, U.S. Department of fourth administrative review of the
Ltd.) ........................... 125.77
Commerce, 14th Street & Constitution antidumping order on steel concrete
Firth Rixson Special
Steels, Ltd. ................ 125.77 Avenue, NW., Washington, DC 20230. reinforcing bars from Latvia (covering
All Others ...................... 83.85, as amended SUPPLEMENTARY INFORMATION: the period September 1, 2004 through
August 31, 2005) on the record of the
Background current administrative review. See
This notice also serves as the only
reminder to parties subject to On September 7, 2001, the Memorandum to File from Saliha
administrative protective orders Department published an antidumping Loucif: Copying of documents from the
(‘‘APO’’) of their responsibility duty order on rebar from Latvia. See record of the fourth administrative
concerning the return or destruction of Antidumping Duty Orders: Steel review in the record of the fifth
proprietary information disclosed under Concrete Reinforcing Bars From Belarus, administrative review (Fourth Review
APO in accordance with 19 CFR Indonesia, Latvia, Moldova, People’s Documents Memo) and Record Memo.
351.305. Timely notification of the Republic of China, Poland, Republic of After placing the fourth review
return or destruction of APO materials Korea and Ukraine, 66 FR 46777 documents on the record on April 9,
or conversion to judicial protective (September 7, 2001). On September 1, 2007, we gave parties until April 21,
orders is hereby requested. Failure to 2006, the Department published a notice 2007, to submit comments. LM
comply with the regulations and terms of opportunity to request an submitted comments on April 20, 2007.
of an APO is a violation which is subject administrative review of the After placing additional documents on
to sanction. antidumping duty order of rebar from the record on May 9, 2007, we gave
We are issuing and publishing the Latvia for the fifth period of review parties until May 21, 2007, to comment.
results and notice in accordance with which covers September 1, 2005, Scope of The Order
sections 751(c), 752, and 777(i)(1) of the through August 31, 2006 (POR). See
Antidumping or Countervailing Duty The product covered by this order is
Act. all steel concrete reinforcing bars sold in
Order, Finding, or Suspended
Dated: May 25, 2007.
Investigation; Opportunity to Request straight lengths, currently classifiable in
David M. Spooner, Administrative Review, 71 FR 52061 the Harmonized Tariff Schedule of the
Assistant Secretary for Import (September 1, 2006). On September 29, United States (HTSUS) under item
Administration. 2006, in accordance with 19 CFR numbers 7214.20.00, 7228.30.8050,
[FR Doc. E7–10702 Filed 6–1–07; 8:45 am] 351.213(b)(1), the petitioner1 requested 7222.11.0050, 7222.30.0000,
BILLING CODE 3510–DS–S an administrative review of LM. 7228.60.6000, 7228.20.1000, or any
On October 31, 2006, the Department other tariff item number. Specifically
published the initiation of the fifth excluded are plain rounds (i.e., non–
DEPARTMENT OF COMMERCE administrative review of the deformed or smooth bars) and rebar that
antidumping duty order on rebar from has been further processed through
International Trade Administration Latvia. See Initiation of Antidumping bending or coating. HTSUS subheadings
and Countervailing Duty Administrative are provided for convenience and
[A–449–804] Reviews, 71 FR 63752 (October 31, customs purposes. The written
2006). On November 9, 2006, LM description of the scope of the order is
Notice of Preliminary Results of dispositive.
submitted a letter to the Department in
Antidumping Duty Administrative
which it certified that it made no sales Analysis of Responses
Review: Steel Concrete Reinforcing
of subject merchandise to the United On November 9, 2006, the Department
Bars from Latvia
States during the POR but received a letter from LM certifying that
AGENCY: Import Administration, acknowledged subject merchandise may LM made no sales of subject
International Trade Administration, have entered the United States during merchandise to the United States during
Department of Commerce. the POR. On November 21, 2006, the the period of review. In the same
SUMMARY: The Department of Commerce petitioner submitted comments submission, LM also stated that
(the Department) is conducting an regarding LM’s claim of no sales. On ‘‘{a}lthough it may be possible that
administrative review of the April 9, 2007, and May 9, 2007, we LM’s U.S. customers may have entered
antidumping duty order on steel placed memoranda on the file that subject merchandise into the United
concrete reinforcing bars (rebar) from provided the results of the Department’s States during the fifth period of review,
Latvia. We preliminarily determine that query of Customs and Border Protection any such entries would consist entirely
sales of subject merchandise by Joint (CBP) data regarding sales of subject of sales of LM merchandise that were
Stock Company Liepajas Metalurgs (LM) merchandise during the POR. See subject to the review by the Department
have been made below normal value Memorandum to File from Saliha in the context of the ongoing fourth
(NV). If these preliminary results are Loucif: Query of U.S. Customs and review of this antidumping order.’’
adopted in our final results, we will Border Protection Database for Sales On November 15, 2006, the petitioner
instruct U.S. Customs and Border During the Fifth Administrative Review responded to LM’s comments, providing
Protection (CBP) to assess antidumping (April 9, 2007) (Data Query Memo) and public available trade data which
duties on appropriate entries based on Memorandum to File from David confirmed the existence of entries of
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the difference between the export price Layton: Placement of Additional subject merchandise from Latvia during
(EP) and the NV. Interested parties are the POR. In its submission, the
1 The petitioner is the Rebar Trade Action
invited to comment on these petitioner stated that the issue of
Coalition (RTAC) which comprises Nucor
preliminary results. Corporation, Gerdau Ameristeel Corporation, and whether LM made no sales of subject
EFFECTIVE DATE: June 4, 2007. Commercial Metals Company. merchandise must be decided by the

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30774 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Notices

Department through the process of the Section 751(a)(2)(A)(ii) of the Tariff (1) a statement of the issue, (2) a brief
administrative review and argued that, Act of 1930, as amended, instructs the summary of the argument, and (3) a
given the existence of relevant entries in Department, when conducting table of authorities. Further, the parties
the POR, there is no basis to rescind the administrative reviews, to determine the submitting written comments should
review initiated on October 31, 2006. dumping margin for each entry. As provide the Department with an
The Department conducted a CBP noted above, because all entries of additional copy of the public version of
entry data query to check for any entries merchandise produced by LM in the any such comments on diskette.
of subject merchandise into the United instant review were related to sales that The Department will issue the final
States during the POR. See Data Query were reviewed in the fourth results of this administrative review,
Memo and Records Memo. The administrative review, the sales related which will include the results of its
Department’s review of the CBP data to those entries have already been analysis of issues raised in any such
query results shows entries during the included in the calculations of cash comments, within 120 days of
POR of merchandise produced by LM. deposit and assessment rates in that publication of these preliminary results.
However, we found that all such entries review. Thus, we have preliminarily Assessment
were related to sales made during the determined to apply the assessment
rates calculated in the fourth review to Pursuant to 19 CFR 351.212(b), the
period covered by the fourth
the entries in this, the fifth, review. In Department calculates an assessment
administrative review, which extends
this case, we have decided to apply the rate on all appropriate entries. We
from September 1, 2004, through August
assessment rate that was based upon calculate importer–specific duty
31, 2005, and were already examined in
specific sales made in the fourth review assessment rates on the basis of the ratio
the context of the fourth review. We tied
to entries of merchandise made during of the total amount of antidumping
these entries in the CBP data to LM’s duties calculated for the examined sales
sales database by port of entry, importer the instant review because the evidence
to the total quantity of the sales for that
and quantity. See Memorandum from on the record of this case has provided
importer. Where the assessment rate is
David Layton, Analysis Memorandum: direct linkage between the fourth review
above de minimis, we instruct CBP to
Preliminary Determination of Cash sales and the fifth review entries.
assess duties on all entries of subject
Deposit and Assessment Rates (May 25, Moreover, as there was no assessment of
merchandise by that importer. As
2007) (Preliminary Analysis Memo). antidumping duties related to the
explained above, the Department will
Consequently, as part of our analysis, specific sales at issue from the fourth
apply the importer–specific assessment
we considered the relevant data from review, there is no issue of double–
rates calculated in the previous review.
the fourth review which were placed on counting antidumping duties. Finally, The Department clarified its
the record of the instant review. See as we have not recalculated dumping ‘‘automatic assessment’’ regulation on
Fourth Review Documents Memo and margins in this review, the cash deposit May 6, 2003 (68 FR 23954). This
Records Memo. rate calculated in the fourth review will clarification will apply to entries of
On April 9, 2007, and May 9, 2007, continue to apply. See Preliminary subject merchandise during the POR
we invited the petitioner and LM to Analysis Memo. produced by companies included in
comment on the addition of the relevant Preliminary Results of Review these preliminary results of review for
data from the fourth review to the which the reviewed companies did not
record of the instant review. See Letters As a result of this review, we
know their merchandise was destined
from the Department to the petitioner preliminarily determine that the
for the United States. In such instances,
and LM regarding the addition of following weighted–average margin
the Department will instruct CBP to
documents into the record of the fifth exists for the period September 1, 2005,
liquidate unreviewed entries at the all–
administrative review of rebar from through August 31, 2006:
others rate if there is no rate for the
Latvia, April 9, 2007 and May 9, 2007. intermediate company(ies) involved in
Weighted–Average
On April 20, 2007, LM submitted Producer Margin (Percentage) the transaction. For a full discussion of
comments restating that it made no sales this clarification, see Antidumping and
to the United States during the POR Joint Stock Company Countervailing Duty Proceedings:
covered by the fifth administrative Liepajas Metalurgs .. 5.94 Assessment of Antidumping Duties, 68
review. LM noted that in the third and FR 23954 (May 6, 2003).
fourth administrative reviews, the The Department will disclose
Department treated LM’s date of calculations performed in accordance Cash Deposit Requirements
contract as the date of sale and thus the with 19 CFR 351.224(b). An interested The following cash deposit
date of sale predates the invoice/ party may request a hearing within 30 requirements were effective upon
shipment date. LM argued that due to days of publication of these preliminary publication of the final results of the
the application of this date–of-sale results. See 19 CFR 351.310(c). Any previous administrative review (see
methodology, an entry date in the POR hearing, if requested, will be held 44 Notice of Final Results of Antidumping
of the fifth administrative does not days after the date of publication, or the Duty Administrative Review: Steel
mean that a U.S. sale of subject first working day thereafter. Interested Concrete Reinforcing Bars from Latvia,
merchandise was made in that period. parties may submit case briefs and/or 71 FR 74900 (December 13, 2006)) for
LM stated that the information put on written comments no later than 30 days all shipments of rebar from Latvia
the record by the Department on April after the date of publication of these entered, or withdrawn from warehouse,
9, 2007 confirms that the merchandise preliminary results. See 19 CFR for consumption on or after December
entered in the United States in 351.309(c)(ii). Rebuttal briefs and 13, 2006, as provided by section
September 2005 was previously subject rebuttals to written comments, limited 751(a)(1) of the Act, and will continue
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to analysis in the fourth administrative to issues raised in such briefs or to be in effect: (1) the cash deposit rate
review. LM maintains that because comments, may be filed no later than 37 listed above for LM will be 5.94 percent;
information on the record indicates that days after the date of publication. (2) for previously reviewed or
it made no sales during the current POR, Parties who submit arguments are investigated companies not listed above,
the review should be rescinded. requested to submit with the argument the cash deposit rate will continue to be

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Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Notices 30775

the company–specific rate published for Title III are found at 15 CFR part 325 Review. The regulations implementing
the most recent period; (3) if the (2005). Title III are found at 15 CFR part 325
exporter is not a firm covered in this Export Trading Company Affairs (2005).
review, a prior review, or the less–than- (‘‘ETCA’’) is issuing this notice pursuant Export Trading Company Affairs
fair–value (LTFV) investigation, but the to 15 CFR 325.6(b), which requires the (‘‘ETCA’’) is issuing this notice pursuant
manufacturer is, the cash deposit rate U.S. Department of Commerce to to 15 CFR 325.6(b), which requires the
will be the rate established for the most publish a summary of the certification U.S. Department of Commerce to
recent period for the manufacturer of in the Federal Register. Under Section publish a summary of the certification
the merchandise; and (4) if neither the 305(a) of the Act and 15 CFR 325.11(a), in the Federal Register. Under Section
exporter nor the manufacturer is a firm any person aggrieved by the Secretary’s 305(a) of the Act and 15 CFR 325.11(a),
covered in this or any previous review determination may, within 30 days of any person aggrieved by the Secretary’s
conducted by the Department, the cash the date of this notice, bring an action determination may, within 30 days of
deposit rate will be 17.21 percent, the in any appropriate district court of the the date of this notice, bring an action
‘‘All Others’’ rate established in the United States to set aside the in any appropriate district court of the
LTFV investigation. These cash deposit determination on the ground that the United States to set aside the
requirements shall remain in effect until determination is erroneous. determination on the ground that the
further notice. determination is erroneous.
Description of Amended Certificate
This notice serves as a preliminary Description of Amended Certificate
reminder to importers of their The original NSG Certificate (No. 06–
responsibility under 19 CFR 00002) was issued on December 14, The original CAEA Certificate (No.
351.402(f)(2) to file a certificate 2006 (71 FR 76275, December 20, 2006). 99–00005) was issued on December 27,
regarding the reimbursement of NSG’s Export Trade Certificate of 1999 (65 FR 760, January 6, 2000) and
antidumping duties prior to liquidation Review has been amended to change its last amended on June 17, 2004 (69 FR
of the relevant entities during this name from ‘‘Darah Thomas, doing 35585, June 25, 2004).
review period. Failure to comply with business as Necole Shannon Global CAEA’s Export Trade Certificate of
this requirement could result in the Export Services’’ to the new listing Review has been amended to:
‘‘Necole Shannon Global, Inc.’’ 1. Add each of the following
Secretary’s presumption that
The effective date of the amended companies as a new ‘‘Member’’ of the
reimbursement of antidumping duties
certificate is February 27, 2007. A copy Certificate within the meaning of
occurred and the subsequent assessment
of the amended certificate will be kept section 325.2(l) of the Regulations (15
of double antidumping duties.
in the International Trade CFR 325.2(l)): Sunny Gem, LLC, Wasco,
This determination is issued and
Administration’s Freedom of California; and North Valley Nut, Inc.,
published in accordance with sections
Information Records Inspection Facility, Chico, California; and
751(a)(1) and 777(I)(1) of the Act. 2. Change the listing of the following
Room 4100, U.S. Department of
Dated: May 25, 2007. Commerce, 14th Street and Constitution Member: ‘‘Ryan*Parreira Almond
David M. Spooner, Avenue, NW., Washington, DC 20230. Company, Los Banos, California’’ to the
Assistant Secretary for Import Dated: May 29, 2007. new listing ‘‘RPAC, LLC, Los Banos,
Administration.
Jeffrey Anspacher,
California’’.
[FR Doc. E7–10703 Filed 6–1–07; 8:45 am] The effective date of the amended
Director, Export Trading Company Affairs.
BILLING CODE 3510–DS–S certificate is February 27, 2007. A copy
[FR Doc. E7–10638 Filed 6–1–07; 8:45 am] of the amended certificate will be kept
BILLING CODE 3510–DR–P in the International Trade
DEPARTMENT OF COMMERCE Administration’s Freedom of
Information Records Inspection Facility,
International Trade Administration DEPARTMENT OF COMMERCE Room 4100, U.S. Department of
International Trade Administration Commerce, 14th Street and Constitution
Export Trade Certificate of Review Avenue, NW., Washington, DC 20230.
ACTION: Notice of issuance of an Export Trade Certificate of Review Dated: May 25, 2007.
amended export trade certificate of Jeffrey Anspacher,
ACTION: Notice of issuance of an
review, application no. 06–A0002. amended export trade certificate of Director, Export Trading Company Affairs.
review, application no. 99–3A005. [FR Doc. E7–10639 Filed 6–1–07; 8:45 am]
SUMMARY: On May 25, 2007, The U.S.
BILLING CODE 3510–DR–P
Department of Commerce issued an SUMMARY: On May 25, 2007, The U.S.
amended Export Trade Certificate of Department of Commerce issued an
Review to Necole Shannon Global, Inc. amended Export Trade Certificate of DEPARTMENT OF COMMERCE
(‘‘NSG’’). Review to California Almond Export
FOR FURTHER INFORMATION CONTACT: Association, LLC (‘‘CAEA’’). National Oceanic and Atmospheric
Jeffrey Anspacher, Director, Export FOR FURTHER INFORMATION CONTACT: Administration
Trading Company Affairs, International Jeffrey Anspacher, Director, Export RIN 0648–XA59
Trade Administration, (202) 482–5131 Trading Company Affairs, International
(this is not a toll-free number) or e-mail Trade Administration, (202) 482–5131 Marine Mammals; File No. 642–1536–03
at oetca@ita.doc.gov. (this is not a toll-free number) or e-mail
AGENCY: National Marine Fisheries
SUPPLEMENTARY INFORMATION: Title III of at oetca@ita.doc.gov.
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Service (NMFS), National Oceanic and


the Export Trading Company Act of SUPPLEMENTARY INFORMATION: Title III of Atmospheric Administration (NOAA),
1982 (15 U.S.C. Sections 4001–21) the Export Trading Company Act of Commerce.
authorizes the Secretary of Commerce to 1982 (15 U.S.C. Sections 4001–21)
ACTION: Notice; receipt of application for
issue Export Trade Certificates of authorizes the Secretary of Commerce to
amendment.
Review. The regulations implementing issue Export Trade Certificates of

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