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17658 Federal Register / Vol. 70, No.

66 / Thursday, April 7, 2005 / Notices

will include the results of its analysis of Development Corporation (‘‘Tung Decision, 67 FR 63887 (October 16,
issues raised in any such comments, Mung’’). 2002)). The above instructions should
within 120 days of publication of the SUPPLEMENTARY INFORMATION: have read that the Department will
preliminary results. instruct CBP to liquidate entries from
Background Tung Mung without regard to
Notification to Importers
On June 8, 1999, the Department antidumping duties effective June 8,
This notice serves as a preliminary published the Final Determination of 1999, the date on which the Department
reminder to importers of their Sales at Less than Fair Value: Stainless published its Final Determination,
responsibility under 19 CFR Steel Sheet and Strip in Coils From because liquidation of entries from Tung
351.402(f)(2) to file a certificate Taiwan, 64 FR 30592 (June 8, 1999) Mung was first suspended on that date
regarding the reimbursement of (‘‘Final Determination’’), covering the and remained covered by an injunction
antidumping duties prior to liquidation period of investigation (‘‘POI’’) of April during the pendency of the litigation.
of the relevant entries during this 1, 1997, through March 31, 1998. This Thus, we will instruct CBP to liquidate
review period. Failure to comply with investigation involved three Taiwanese entries from Tung Mung without any
this requirement could result in the producers/exporters, Tung Mung, Yieh regard to antidumping duties effective
Secretary’s presumption that United Steel Corporation (‘‘YUSCO’’), June 8, 1999.
reimbursement of antidumping duties Chang Mien Industries Co., Ltd. (‘‘Chang This notice is issued and published in
occurred and the subsequent assessment Mien’’), and a Taiwanese middleman, accordance with section 735(d) of Tariff
of doubled antidumping duties. Ta Chen Stainless Pipe Company Ltd. Act of 1930, as amended.
This administrative review and notice (‘‘Ta Chen’’). Tung Mung and YUSCO Dated: March 30, 2005.
are in accordance with sections contested various aspects of the Final Joseph A. Spetrini,
751(a)(1) and 777(I)(1) of the Act. Determination. On July 3, 2001, the Acting Assistant Secretary for Import
Dated: March 31, 2005. Court of International Trade (‘‘CIT’’) Administration.
Joseph A. Spetrini, issued slip opinion 01–83 in Tung Mung [FR Doc. E5–1611 Filed 4–6–05; 8:45 am]
Acting Assistant Secretary for Import Development Co., Ltd. v. United States, BILLING CODE 3510–DS–P
Administration. Consol. Court No. 99–06–00457 (CIT
[FR Doc. E5–1607 Filed 4–7–05; 8:45 am] July 3, 2001) (‘‘Tung Mung I’’) and
BILLING CODE 3510–DS–P remanded the Final Determination to DEPARTMENT OF COMMERCE
the Department. In the March 21, 2001,
remand determination, the Department National Oceanic and Atmospheric
DEPARTMENT OF COMMERCE found, among other issues, that the Administration
merchandise produced and exported by [I.D. 040105C]
International Trade Administration Tung Mung had not been sold at less
[A–583–831] than fair value during the POI. On Fisheries of the Caribbean, Gulf of
August 22, 2002, the CIT found that the Mexico, and South Atlantic; Extension
Notice of Correction to the Amended Department’s remand determination of the Gulf of Mexico Charter Vessel/
Final Determination in Accordance was in accordance with the law. See Headboat Permit Moratorium
With Court Decision in the Tung Mung Development Co., Ltd. v.
Antidumping Duty Investigation of U.S., 219 F.Supp.2d 1333 (CIT August AGENCY: National Marine Fisheries
Stainless Steel Sheet and Strip in Coils 22, 2002) (‘‘Tung Mung II’’). Service (NMFS), National Oceanic and
From Taiwan Domestic producers appealed this Atmospheric Administration (NOAA),
decision. On January 15, 2004, the Court Commerce.
AGENCY: Import Administration, of Appeals for the Federal Circuit ruled ACTION: Notice of intent; request for
International Trade Administration, that the Department’s decision to comments.
Department of Commerce. calculate middleman antidumping rates
DATES: Effective Date: April 7, 2005. using combination rates was not SUMMARY: The Gulf of Mexico Fishery
FOR FURTHER INFORMATION CONTACT: arbitrary and capricious and affirmed Management Council (Council) and
Robert Bolling, Import Administration, the CIT’s affirmance of the Department’s NMFS intend to prepare a draft
International Trade Administration, redetermination. See Tung Mung supplemental environmental impact
U.S. Department of Commerce, 14th Development Co., Ltd. v. U.S., 354 F.3d statement (DSEIS) in support of a
Street and Constitution Avenue, NW., 1371 (Fed.Cir. January 15, 2004) (‘‘Tung proposed Amendment to Extend the
Washington, DC 20230; telephone: (202) Mung III’’), Tung Mung II, and the Charter Vessel/Headboat Permit
482–3434. Department’s Final Results of Moratorium (Moratorium Amendment).
SUMMARY: On November 17, 2004, the Redetermination Pursuant to Court The DSEIS will evaluate alternatives for
Department of Commerce Remand in response to Tung Mung I. allowing the permit moratorium to
(‘‘Department’’) published an Amended On November 17, 2004, the expire, extending the moratorium for a
Final Determination in Accordance with Department published the Amended finite time period, or establishing a
Court Decision of the Antidumping Duty Final Determination in which it stated permanent limited access program. The
Investigation of Stainless Steel Sheet that it will instruct U.S. Customs and purpose of this notice of intent is to
and Strip in Coils From Taiwan, 69 FR Border Protection (‘‘CBP’’) to liquidate solicit public comments on the range of
67311 (November 17, 2004) (‘‘Amended entries from Tung Mung without regard alternatives and scope of issues to be
Final Determination’’). In the Amended to antidumping duties because Tung addressed in the DSEIS.
Final Determination, the Department Mung is excluded from the antidumping DATES: Written comments on the scope
announced the incorrect effective date duty order effective October 16, 2002, of the DSEIS must be received by 5 p.m.
of the exclusion from the antidumping the date on which the Department May 9, 2005.
duty order on stainless steel sheet and published a notice of the Court decision ADDRESSES: You may submit comments
strip in coils from Taiwan with respect (see Stainless Steel Sheet and Strip in on the scope of the DSEIS by any of the
to entries from Tung Mung Coils from Taiwan: Notice of Court following methods:

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