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43122 Federal Register / Vol. 70, No.

142 / Tuesday, July 26, 2005 / Notices

Extension of Preliminary and Final Dated: July 19, 2005. results of a new shipper review within
Results Joseph A. Spetrini, 180 days after the date on which the
On April 1, 2005, the Department Acting Assistant Secretary for Import new shipper review was initiated and
initiated a sunset review of the Administration. final results of a review within 90 days
suspended antidumping duty [FR Doc. 05–14727 Filed 7–25–05; 8:45 am] after the date on which the preliminary
investigation on ammonium nitrate from BILLING CODE 3510–DS–S results were issued. The Department
Russia pursuant to section 751(c) of the may, however, extend the deadline for
Tariff Act of 1930, as amended (‘‘the completion of the preliminary results of
Act’’). See Notice of Initiation of Five- DEPARTMENT OF COMMERCE a new shipper review to 300 days if it
year (‘‘Sunset’’) Reviews, 70 FR 16800, determines that the case is
International Trade Administration extraordinarily complicated (19 CFR
(April 1, 2005). On the basis of notices
of intent to participate filed on behalf of [A–570–863]
351.214 (i)(2)).
domestic interested parties and Pursuant to section 751(a)(2)(B)(iv) of
adequate substantive comments filed on Honey from the People’s Republic of the Act and 19 CFR 351.214 (i)(2), we
behalf of domestic and respondent China: Extension of Time Limit for determine that this review is
interested parties, the Department is Preliminary Results of 2003/2004 New extraordinarily complicated and that it
conducting a full (240-day) review to Shipper Review is not practicable to complete this new
determine whether termination of the shipper review within the current time
AGENCY: Import Administration, limit. Specifically, the Department
suspension agreement on ammonium
International Trade Administration, requires additional time to analyze all
nitrate would lead to the continuation
Department of Commerce. questionnaire responses and issues of
or recurrence of dumping. The
Department’s preliminary results of this EFFECTIVE DATE: July 26, 2005. affiliation, and to conduct verification of
review were scheduled for July 20, 2005 FOR FURTHER INFORMATION CONTACT: the responses submitted to date.
and its final results of this review were Anya Naschak at (202) 482–6375; AD/ Accordingly, the Department is
scheduled for November 29, 2005; CVD Operations, Office 9, Import extending the time limit for the
however, the Department needs Administration, International Trade completion of the preliminary results by
additional time for its analysis. Administration, U.S. Department of 45 days, to September 16, 2005, in
In accordance with section Commerce, 14th Street and Constitution accordance with section 751(a)(2)(B)(iv)
751(c)(5)(B) of the Act, the Department Avenue, NW, Washington, DC 20230. of the Act and 19 CFR 351.214(i)(2). The
may extend the period of time for final results will, in turn, be due 90 days
SUPPLEMENTARY INFORMATION:
making its preliminary determination in after the date of issuance of the
a sunset review by not more than 90 Background preliminary results, unless extended.
days, if it determines that the review is On December 10, 2001, the Dated: July 18, 2005.
extraordinarily complicated. As set forth Department published in the Federal Susan H. Kuhbach,
in section 751(c)(5)(C), the Department Register an antidumping duty order Acting Deputy Assistant Secretary for Import
may, among other reasons, treat a sunset covering honey from the PRC. See Administration.
review as extraordinarily complicated if: Notice of Amended Final Determination [FR Doc. 05–14729 Filed 7–25–05; 8:45 am]
(i) there are a large number of issues, (ii) of Sales at Less Than Fair Value and BILLING CODE 3510–DS–S
the issues to be considered are complex Antidumping Duty Order; Honey from
or (iii) there are a large number of firms the People’s Republic of China, 66 FR
involved. In this proceeding, the 63670 (December 10, 2001). On DEPARTMENT OF COMMERCE
Department has to consider complex December 22, 2004, the Department
issues related to the likelihood of received a timely request from Kunshan International Trade Administration
continuation or recurrence of dumping, Xin’an Trade Co., Ltd. (‘‘Xinan’’) in (A–588–867)
the appropriate margins likely to prevail accordance with 19 CFR 351.214 (c), for
if the suspension agreement is a new shipper review of the Initiation of Antidumping Duty
terminated, and developments during antidumping duty order on honey from Investigation: Metal Calendar Slides
the administration of the suspension the PRC, which has a December annual from Japan
agreement. Therefore, the Department anniversary month. On January 31,
has determined, pursuant to section 2005, the Department initiated a review AGENCY: Import Administration,
751(c)(5)(C) of the Act, that the sunset for Xinan. See Honey from the People’s International Trade Administration,
review of the suspension agreement on Republic of China: Initiation of New Department of Commerce.
ammonium nitrate from Russia is Shipper Antidumping Duty Review, 70 EFFECTIVE DATE: July 26, 2005.
extraordinarily complicated and FR 6412 (February 7, 2005) (‘‘NSR FOR FURTHER INFORMATION CONTACT:
requires additional time for the Xinan Initiation’’) Scott Lindsay or Nicholas Czajkowski,
Department to complete its analysis. The Department has issued its AD/CVD Operations, Office 6, Import
Accordingly, the Department is antidumping duty questionnaire, and Administration, International Trade
extending the deadline in this two supplementals to Xinan. The Administration, U.S. Department of
proceeding, and, as a result, intends to deadline for completion of the Commerce, 14th Street and Constitution
issue the preliminary results of the preliminary results is currently August Avenue, NW, Washington, DC 20230;
sunset review of the suspension 1, 2005. telephone: (202) 482–0780 or (202) 482–
agreement on ammonium nitrate from 1395, respectively.
Extension of Time Limits for
Russia on or about October 18, 2005 and SUPPLEMENTARY INFORMATION:
Preliminary Results
the final results of the sunset review by
February 27, 2006. Section 751(a)(2)(B)(iv) of the Tariff The Petition
This notice is issued and published in Act of 1930, as amended (the Act), and On June 29, 2005, the Department of
accordance with sections 751(c)(5)(B) 19 CFR 351.214(i)(1) require the Commerce (the Department) received a
and (C) of the Act. Department to issue the preliminary petition on imports of metal calendar

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Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Notices 43123

slides from Japan filed in proper form not typically shipped in this ‘‘flat’’ Section 771(4)(A) of the Act defines
by Stuebing Automatic Machine form), that are typically either primed to the ‘‘industry’’ as the producers as a
Company (the petitioner). See Petition protect the outside of the slide against whole of a domestic like product. Thus,
for Imposition of Antidumping Duties oxidization or coated with a colored to determine whether the petition has
on Metal Calendar Slides from Japan enamel or lacquer for decorative the requisite industry support, the
(June 29, 2005) (petition). On July 5, purposes, whether or not stacked, and statute directs the Department to look to
2005, the Department issued a request excluding paper and plastic slides. producers and workers who produce the
for additional information and Metal calendar slides are typically domestic like product. The International
clarification of certain areas of the provided with either a plastic attached Trade Commission (ITC) is responsible
petition. On July 6, 2005, the hanger or eyelet to hang and bind for determining whether ‘‘the domestic
Department met with the petitioner’s calendars, posters, maps or charts, or industry’’ has been injured and must
counsel to clarify issues regarding the the hanger can be stamped from the also determine what constitutes a
information requested by the metal body of the slide itself. These domestic like product in order to define
Department’s July 5, 2005 questionnaire. metal calendar slides are believed to be the industry. While the Department and
See Memorandum from Dara Iserson classified under Harmonized Tariff the ITC must apply the same statutory
through Thomas Gilgunn to the File, Schedule of the United States (HTSUS) definition regarding the domestic like
Antidumping Duty Investigation of subheading 7326.90.1000 (Other articles product, they do so for different
Calendar Metal Slides from Japan (July of iron and steel: Forged or stamped; but purposes and pursuant to separate and
8, 2005). On July 8, 2005, the petitioner not further worked: Other: Of tinplate). distinct authority. See section 771(10) of
filed a petition amendment. See This HTSUS number is provided for the Act. In addition, the Department’s
Imposition of Antidumping Duties on convenience and U.S. Customs and determination is subject to limitations of
Metal Calendar Slides from Japan (July Border Protection purposes. The written time and information. Although this
11, 2005) (petition amendment). On July description of the scope of this may result in different definitions of the
13, 2005, the Department spoke with the investigation is dispositive. domestic like product, such differences
vice president of the market research During our review of the petition, we do not render the decision of either
firm used by the petitioner to discuss discussed the scope with the petitioner agency contrary to law.1
information included in the petition. to ensure that it is an accurate reflection Section 771(10) of the Act defines the
See Memorandum from Nicholas of the products for which the domestic domestic like product as ‘‘a product
Czajkowski through Thomas Gilgunn to industry is seeking relief. Moreover, as which is like, or in the absence of like,
the File, Telephone Call to Market discussed in the preamble to the most similar in characteristics and uses
Research Firm Regarding the regulations (Antidumping Duties, with, the article subject to an
Antidumping Petition on Metal investigation under this subtitle.’’ Thus,
Countervailing Duties, Final Rule, 62 FR
Calendar Slides from Japan (July 19, the reference point from which the
27296, 27323 (May 19, 1997)), we are
2005). domestic like product analysis begins is
In accordance with section 732(b) of setting aside a period for interested
parties to raise issues regarding product ‘‘the article subject to an investigation,’’
the Tariff Act of 1930, as amended (‘‘the i.e., the class or kind of merchandise to
Act’’), the petitioner alleges that imports coverage. The Department encourages
all interested parties to submit such be investigated, which normally will be
of metal calendar slides are being, or are the scope as defined in the petition.
likely to be, sold in the United States at comments within 20 calendar days of
the publication of this notice. With regard to domestic like product,
less than fair value, within the meaning the petitioner does not offer a definition
of section 731 of the Act, and that such Comments should be addressed to
Import Administration’s Central of domestic like product distinct from
imports are materially injuring, or the scope of the investigation. Based on
threatening material injury to, an Records Unit at Room 1870, U.S.
Department of Commerce, 14th Street our analysis of the information
industry in the United States. presented by the petitioner, we have
The Department finds that the and Constitution Avenue, NW,
Washington, DC 20230. The period of determined that there is a single
petitioner filed this petition on behalf of
scope consultations is intended to domestic like product, metal calendar
the domestic industry because the
provide the Department with ample slides, which is defined in the ‘‘Scope
petitioner is an interested party as
opportunity to consider all comments of Investigation’’ section above, and we
defined in section 771(9)(C) of the Act,
and to consult with parties prior to the have analyzed industry support in terms
and petitioner has demonstrated
issuance of the preliminary of the domestic like product.
sufficient industry support with respect We received no opposition to this
to the investigation that the petitioner is determination.
petition. The petitioner accounts for 100
requesting the Department to initiate Determination of Industry Support for percent of the total production of the
(see ‘‘Determination of Industry Support the Petition domestic like product, and the
for the Petition’’ below). requirements of section 732(c)(4)(A) are
Section 732(b)(1) of the Act requires
Scope of Investigation that a petition be filed on behalf of the met. Accordingly, the Department
The merchandise covered in this domestic industry. Section 732(c)(4)(A) determines that the petition was filed on
investigation is ‘‘V’’ and/or ‘‘U’’ shaped of the Act provides that a petition meets behalf of the domestic industry within
metal calendar slides manufactured this requirement if the domestic the meaning of section 732(b)(1) of the
from cold–rolled steel sheets, whether producers or workers who support the Act. See ‘‘Office of AD/CVD Operations
or not left in black form, tin plated or petition account for (1) at least 25 Initiation Checklist for the Antidumping
finished as tin free steel (‘‘TFS’’), percent of the total production of the Duty Petition on Metal Calendar Slides
typically with a thickness from 0.19 mm domestic like product and (2) more than from Japan,’’ at Att. I (July 19, 2005)
to 0.23 mm, typically in lengths from 50 percent of the production of the (Initiation Checklist) on file in the
152 mm to 915 mm, typically in widths domestic like product produced by that 1 See USEC, Inc. v. United States, 25 CIT 49, 132
from 12 mm to 29 mm when the slide portion of the industry expressing F. Supp. 2d 1, 8 (Jan. 24, 2001) (citing Algoma Steel
is lying flat and before the angle is support for, or opposition to, the Corp. v. United States, 12 CIT 518, 523, 688 F.
pressed into the slide (although they are petition. Supp. 639, 642-44 (June 8, 1988)).

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43124 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Notices

Central Records Unit, Room B–099 of that critical circumstances will exist of subject merchandise. See petition, at
the Department of Commerce. with regard to imports of metal calendar 35–40. Section 732(e) of the Act states
slides from Japan. See petition, at 10 that when there is a reasonable basis to
Period of Investigation
and 39. believe or suspect (1) there is a history
The anticipated period of Section 733(e)(1) of the Act states that of dumping in the United States or
investigation (POI) is April 1, 2004, if a petitioner alleges critical elsewhere of the subject merchandise, or
through March 31, 2005. circumstances, the Department will find (2) the person by whom, or for whose
U.S. Price and Normal Value that such circumstances exist, at any account, the merchandise was imported
time after the date of initiation, when knew, or should have known, that the
The following is a description of the there is a reasonable basis to believe or exporter was selling the subject
allegation of sales at less than fair value suspect that under, subparagraph (A)(i), merchandise at less than its fair value,
upon which the Department based its there is a history of dumping and there the Department may request the CBP to
decision to initiate this investigation. is material injury by reason of dumped compile information on an expedited
The sources of data for the deductions imports in the United States or basis regarding entries of the subject
and adjustments relating to U.S. price elsewhere of the subject merchandise, or merchandise.
and normal value are discussed in (ii) the person by whom, or for whose Taking into consideration the
greater detail in the Initiation Checklist. account, the merchandise was imported foregoing, we will analyze this matter
Should the need arise to use any of this knew or should have known that the further. We will monitor imports of
information as facts available under exporter was selling the subject metal calendar slides from Japan and we
section 776 of the Act, we may merchandise at less than its fair value will request that CBP compile
reexamine the information and revise and that there was likely to be material information on an expedited basis
the margin calculation, if appropriate. injury by reason of such sales, and (B) regarding entries of subject
The petition identified four producers there have been massive imports of the merchandise. See Section 732(2) of the
of metal calendar slides in Japan. See subject merchandise over a relatively Act. If, at any time, the criteria for a
petition, at 8; and petition amendment, short period. Section 351.206(h) of the finding of critical circumstances are
at 2. We have relied on an actual sale Department’s regulations defines established, we will issue a critical
price provided by the petitioner for ‘‘massive imports’’ as imports that have circumstances finding at the earliest
establishing U.S. price (see petition, at increased by at least 15 percent over the possible date. See Policy Bulletin 98/4,
Exh. 13a, at pp. 5 and 13b). This price imports during an immediately 63 FR 55364 (Oct. 15, 1998).
is for metal calendar slides from Japan preceding period of comparable
sold to a customer in the United States Fair Value Comparisons
duration. Section 351.206(i) of the
during 2004. regulations states that a relatively short Based on a comparison of export
The petitioner deducted an amount period will normally be defined as the prices to normal values calculated in
for freight costs to the United States period beginning on the date the accordance with Section 773(a) of the
from the price provided to the proceeding begins and ending at least Act, the Department recalculated
petitioner. However, we have also made three months later. estimated dumping margins ranging
some revisions to the calculation of The petitioner alleges that importers from 22.09 percent to 48.24 percent for
freight. See Initiation Checklist at Att. 4. knew, or should have known, that metal metal calendar slides from Japan.
We examined the information provided calendar slides were being sold at less Therefore, there is reason to believe that
regarding U.S. price; we have than fair value. Specifically, the imports of metal calendar slides are
determined that it represents petitioner’s recalculated margins are as being, or are likely to be, sold in the
information reasonably available to the high as 48.24 percent, a level high United States at less than fair value.
petitioner; and, we have reviewed it for enough to impute importer knowledge
Allegations and Evidence of Material
adequacy and accuracy. that merchandise was being sold at less
Pursuant to section 773(a)(1)(B)(i) of Injury and Causation
than its fair value. See e.g., Final
the Act, the petitioner calculated normal Determination of Sales at Less Than The petitioner alleges that the U.S.
value based on a written offer for sale Fair Value and Negative Final industry producing the domestic like
by the Japanese producer. The petitioner Determination of Critical product is being materially injured and
obtained the information on home Circumstances: Prestressed Concrete is threatened with material injury by
market prices and volume discounts for Steel Wire Strand from Thailand, 68 FR reason of the imports of the subject
metal calendar slides, sold in the 68,348 (Dec. 8, 2003) (citing Preliminary merchandise sold at less than fair value.
Japanese market in 2004, from two Determination of Sales at Less Than The petitioner contends that the
foreign market research reports. We Fair Value: Certain Cut–to-Length industry’s injury is evidenced by
reviewed the prices in the written offer Carbon Steel Plate From the People’s reduced market share, lost sales,
and we determined that it represents Republic of China, 62 FR 31,972, 31,978 reduced production, lower capacity and
information reasonably available to the (June 11, 1997)). In addition, the capacity utilization rates, decreased U.S.
petitioner. We have also reviewed the petitioner provided direct evidence that shipments and inventories, decline in
normal–value information the petitioner the importer knew, or should have prices, lost revenue, reduced
provided for adequacy and accuracy. known, that the exporter was selling employment, decreased capital
However, we re–calculated normal subject imports at less than fair value. expenditures, decreased investment in
value to apply exchange rates consistent See petition, at 37–38, and Exh. 3A and research and development, and a
with our normal practice. See Initiation 13B. decline in financial performance.
Checklist at Att. 4. The petitioner requests that the These allegations are supported by
Department immediately begin relevant evidence including import
Critical Circumstances reviewing import data of the subject data, evidence of lost sales, and pricing
The petitioner alleges, based on trade merchandise and that the Department information. We assessed the allegations
statistics since 2002 and the seasonal request U.S. Customs & Border and supporting evidence regarding
nature of the industry, that there is a Protection (CBP) to compile information material injury, threat of material injury,
reasonable basis to believe or suspect on an expedited basis regarding entries and causation and have determined that

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Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Notices 43125

these allegations are supported by DEPARTMENT OF COMMERCE applicant. The resulting high
accurate and adequate evidence and homogeneity NMR spectrometer will be
meet the statutory requirements for International Trade Administration used to study a number of materials,
initiation. See Initiation Checklist at Att. such as nucleic acid molecules, helical
Applications for Duty–Free Entry of peptides, bacteriorhodopsin and
2.
Scientific Instruments phenomena, such as frequency–
Initiation of Antidumping Investigation selective heteronuclear dephasing and
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural polarization and determination of
Based upon the examination of the
Materials Importation Act of 1966 (Pub. structure and dynamics under
petition on metal calendar slides from physiological conditions. It will also be
Japan and other information reasonably L. 89–651; 80 Stat. 897; 15 CFR part
301), we invite comments on the used for undergraduate, graduate and
available to the Department, the postdoctoraleducation and research.
Department finds that the petition meets question of whether instruments of
equivalent scientific value, for the Application accepted by Commissioner
the requirements of section 732 of the of Customs: June 23, 2005.
Act. Therefore, we are initiating an purposes for which the instruments
Docket Number: 05–026. Applicant:
shown below are intended to be used,
antidumping duty investigation to Cornell University, Baker Lab, Ithaca,
are being manufactured in the United
determine whether imports of metal NY 14853–1301. Instrument: Horizontal
States.
calendar slides from Japan are being, or Bounce Monochromater. Manufacturer:
Comments must comply with 15 CFR
are likely to be, sold in the United States Oxford–Danfysik, England. Intended
301.5(a)(3) and (4) of the regulations and
at less than fair value. Unless Use: The instrument is intended to be
be filed within 20 days with the
postponed, we will make our used to determine the molecular
Statutory Import Programs Staff, U.S.
preliminary determination no later than structures of macro–molecules of
Department of Commerce, Washington,
140 days after the date of this initiation. importance in the life sciences,
D.C. 20230. Applications may be
particularly in the composition of the
Distribution of Copies of the Petition examined between 8:30 A.M. and 5:00 human genome and metabolic
P.M. in Suite 4100W, U.S. Department processes. Materials will include
In accordance with section of Commerce, Franklin Court Building, proteins, viruses, enzymes, and other
732(b)(3)(A) of the Act, a copy of the 1099 14th Street, NW, Washington, D.C. related entities. X–ray crystallographic
public version of the petition has been Docket Number: 05–024. Applicant: techniques will be used through studies
provided to the representatives of the Massachusetts Institute of Technology, of the scattering of monoenergetic x–
Government of Japan. We will attempt Plasma Science and Fusion Center, 190 rays from single crystals of these
to provide a copy of the public version Albany Street, Cambridge, MA 02139. materials utilizing the intense beams of
of the petition to the producers named Instrument: Diagnostic Neutral Beam x–rays provided by the Advanced
in the petition. Injector (Hydrogen). Manufacturer: Photon Source located at the
Budker Institute of Nuclear Physics, Department of Energy’s Argonne
International Trade Commission Russia. Intended Use: The instrument is National Laboratory. The objective is to
Notification intended to be used to inject a multi– understand more fully how various
ampere collimated beam of high– metabolic and physiological systems
We have notified the ITC of our velocity ( near 1%) neutral hydrogen
initiation, as required by section 732(d) function. Application accepted by
atoms (or deuterium or helium) into a Commissioner of Customs: July 28,
of the Act. tokomak plasma. Interactions between 2005.
Preliminary Determination by the the beam atoms and the plasma will Docket Number: 05–029. Applicant:
International Trade Commission generate characteristic spectral emission University of Illinois at Chicago,
lines from which crucial information Department of Physics (m/c 273), 845
The ITC will preliminarily determine, about the hot plasma core can be West Taylor Street (Room 2236),
no later than August 15, 2005, whether extracted and studied including Chicago, Il 60607–7059. Instrument:
there is a reasonable indication that motional Stark effect, plasma ion Excimer Laser and Preamplifier.
imports of metal calendar slides are temperature and flow velocity, beam Manufacturer: Laser–Laboratorium,
causing material injury, or threatening emission spectroscopy and confinement Gottingen, Germany. Intended Use: The
to cause material injury, to a U.S. and transport of fast particles in the instrument is intended to be used to
industry. A negative ITC determination tokamak plasma. It will also be used for study nonlinear optical phenomena and
will result in the investigation being education and research of graduate x–ray amplification in gases, solids,
students and guest scientists from other atomic clusters and plasmas. Measured
terminated; otherwise, this investigation
plasma research facilities. Application quantities of x–rays and their spectral
will proceed according to statutory and
accepted by Commissioner of Customs: properties will be examined for an
regulatory time limits.
June 23, 2005. understanding of new physics
This notice is issued and published Docket Number: 05–025. Applicant: associated with coherent x–ray
pursuant to section 777(i) of the Act. The Massachusetts Institute of production which will serve as a
Dated: July 19, 2005. Technology, 150 Albany Street, preamplifier in an ultraviolet laser
Cambridge, MA 02139. Instrument: system. Application accepted by
Joseph A. Spetrini,
Nuclear Magnetic Resonance Magnet, Commissioner of Customs: July 7, 2005.
Acting Assistant Secretary for Import Model JMTC-600/140. Manufacturer: Docket Number: 05–030. Applicant:
Administration. Jastec, Japan. Intended Use: The National Animal Disease Center, U.S.
[FR Doc. 05–14728 Filed 7–25–05; 8:45 am] instrument is intended to be used to Department of Agriculture, 2300 Dayton
Billing Code: 3510–DS–S construct a persistent mode 600MHz, Avenue, Ames, IA, 50010. Instrument:
125 mm room temperature bore LTS Electron Microscope, Model Technai G2
high–resolution NMR spectrometer by 12 TWIN/BioTWIN. Manufacturer: FEI
combining the foreign NMR magnet Company, Czech Republic. Intended
with a 1.76 T HTS insert built by the Use: The instrument is intended to be

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