Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 58129

1The petitoners in this case are USEC Inc. and 

United States Enrichment Corporation.

Nucle ́aires, S.A. and COGEMA, Inc. 

(collectively, COGEMA/Eurodif). On 

August 9, 2004, we received rebuttal 

comments from the petitioners.1 Based 

on our analysis of parties’ comments, 

the Department has revised the 

antidumping duty margin for COGEMA/

Eurodif. Accordingly, we are amending 

our final results.

EFFECTIVE DATE: September 29, 2004.

FOR FURTHER INFORMATION CONTACT:

Constance Handley or James Kemp, at 

(202) 482–0631 or (202) 482–5346, 

respectively; AD/CVD Enforcement, 

Office 1, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street & Constitution Avenue, NW., 

Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Scope of the Order 

The product covered by this order is 

all low enriched uranium (LEU). LEU is 

enriched uranium hexafluoride (UF6) 

with a U235 product assay of less than 

20 percent that has not been converted 

into another chemical form, such as 

UO2, or fabricated into nuclear fuel 

assemblies, regardless of the means by 

which the LEU is produced (including 

LEU produced through the downblending of highly enriched uranium). 

Certain merchandise is outside the 

scope of this order. Specifically, this 

order does not cover enriched uranium 

hexafluoride with a U235 assay of 20 

percent or greater, also known as highly 

enriched uranium. In addition, 

fabricated LEU is not covered by the 

scope of this order. For purposes of this 

order, fabricated uranium is defined as 

enriched uranium dioxide (UO2), 

whether or not contained in nuclear fuel 

rods or assemblies. Natural uranium 

concentrates (U3O8) with a U235

concentration of no greater than 0.711 

percent and natural uranium 

concentrates converted into uranium 

hexafluoride with a U235 concentration 

of no greater than 0.711 percent are not 

covered by the scope of this order. 

Also excluded from this order is LEU 

owned by a foreign utility end-user and 

imported into the United States by or for 

such end-user solely for purposes of 

conversion by a U.S. fabricator into 

uranium dioxide (UO2) and/or 

fabrication into fuel assemblies so long 

as the uranium dioxide and/or fuel 

assemblies deemed to incorporate such 

imported LEU (i) remain in the 

possession and control of the U.S. 

fabricator, the foreign end-user, or their 

designed transporter(s) while in U.S. 

customs territory, and (ii) are reexported within eighteen (18) months of 

entry of the LEU for consumption by the 

end-user in a nuclear reactor outside the 

United States. Such entries must be 

accompanied by the certifications of the 

importer and end-user. 

The merchandise subject to this order 

is currently classifiable in the 

Harmonized Tariff Schedule of the 

United States (HTSUS) at subheading 

2844.20.0020. Subject merchandise may 

also enter under 2844.20.0030, 

2844.20.0050, and 2844.40.00. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the 

merchandise is dispositive. 

Amended Final Results of Review 

On August 2, 2004, COGEMA/Eurodif 

timely filed, pursuant to 19 CFR 

351.224(c)(2), an allegation that the 

Department made one ministerial error 

in its final results, in that the 

constructed value (CV) profit rate was 

applied to an adjusted cost of 

production, although the financial 

statements from which the CV profit 

rate was derived had not been similarly 

adjusted. In their August 9, 2004, 

rebuttal, the petitioners contend the 

error was not ministerial because the 

Department’s analysis memorandum 

lacked specificity in that it did not 

define which adjustments the 

Department intended to make when 

calculating CV profit. We agree with 

COGEMA/Eurodif that its allegation 

constitutes a ministerial error. For a 

detailed discussion of this ministerial 

error, as well as the Department’s 

analysis, see Memorandum from 

Constance Handley, Program Manager, 

Office 1 to Jeffrey A. May, Deputy 

Assistant Secretary re: Ministerial Error 

Allegation, dated September 21, 2004.

In accordance with 19 CFR 

351.224(e), we have amended the final 

results of the first antidumping duty 

administrative review of LEU from 

France, as noted above. As a result of 

this correction and as stated below, 

COGEMA/Eurodif’s weighted-average 

margin decreased from 5.43 percent to 

4.56 percent.

Producer 

Weighted-average margin 

(percentage) 

COGEMA/Eurodif ................. 4.56 

The Department shall determine and 

U.S. Customs and Border Protection 

(CBP) shall assess antidumping duties 

on all appropriate entries. In accordance 

with 19 CFR 351.212(b)(1), we will 

calculate an importer-specific ad 

valorem assessment rate for 

merchandise based on the ratio of the 

total amount of antidumping duties 

calculated for the examined sales made 

during the period of review to the total 

customs value of the sales used to 

calculate those duties. Where the 

importer-specific assessment rate is 

above de minimis, we will instruct CBP 

to assess duties on all appropriate 

entries of subject merchandise by that 

importer. This rate will be assessed 

uniformly on all entries of that 

particular importer made during the 

period July 13, 2001, through January 

31, 2003. The Department will issue 

appropriate assessment instructions 

directly to CBP within 15 days of 

publication of the final results of 

review. The amended cash deposit 

requirement is effective for all 

shipments of subject merchandise 

manufactured by COGEMA/Eurodif 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of this notice and shall 

remain in effect until publication of the 

final results of the next administrative 

review. 

These amended final results are 

issued and published in accordance 

with section 751(h) of the Tariff Act and 

19 CFR 351.224.

Jeffrey A. May, 

Acting Assistant Secretary for Import 

Administration.

[FR Doc. E4–2404 Filed 9–28–04; 8:45 am] 

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

(A–583–837)

Polyethylene Terephthalate Film, 

Sheet, and Strip from Taiwan: Notice of 

Amended Final Results of 

Antidumping Duty Administrative 

Review and Correction to the Final 

Results of Administrative Review

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

ACTION: Notice of Amended Final 

Results of Antidumping Duty 

Administrative Review.

EFFECTIVE DATE: September 29, 2004.

FOR FURTHER INFORMATION CONTACT: Tom 

Martin or Zev Primor at (202) 482–3936 

and (202) 482–4114, respectively; Office 

of AD/CVD Enforcement Office IV, 

Import Administration, Room 1870, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, N.W., 

Washington, D.C. 20230.

58130 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 

1The petitioners in this review are DuPont Teijin 

Films, Mitsubishi Polyester Film of America, and 

Toray Plastics (America), Inc. (collectively, the 

petitioners).

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is amending the 

final results of administrative review of 

the antidumping duty order on 

polyethylene terephthalate film, sheet, 

and strip (‘‘PET film’’) from Taiwan to 

reflect the correction of a ministerial 

error in those final results. The 

Department is also correcting the 

incorrect ‘‘All Others’’ rate that was 

published in the final results. The 

period of review (‘‘POR’’) is December 

21, 2001, through June 30, 2003.

SUPPLEMENTARY INFORMATION:

Background

On August 13, 2004, the Department 

published the final results of 

administrative review of the 

antidumping duty order on PET film 

from Taiwan. See Polyethylene 

Terephthalate Film, Sheet, and Strip 

from Taiwan: Final Results of 

Antidumping Duty Administrative 

Review, 69 FR 50166 (August 13, 2004) 

(‘‘Final Results’’). On August 12, 2004, 

the respondent Nan Ya Plastics 

Corporation, Ltd. (‘‘Nan Ya’’) submitted 

comments alleging that the Department 

made a ministerial error in the Final 

Results, by deducting certain expenses 

from the calculation of constructed 

export price. On August 18, 2004, the 

petitioners1 filed rebuttal comments.

Scope of the Review

For purposes of this administrative 

review, the products covered are all 

gauges of raw, pretreated, or primed 

PET film, whether extruded or 

coextruded. Excluded are metallized 

films and other finished films that have 

had at least one of their surfaces 

modified by the application of a 

performance–enhancing resinous or 

inorganic layer more than 0.00001 

inches thick. Imports of PET film are 

currently classifiable in the Harmonized 

Tariff Schedule of the United States 

(‘‘HTSUS’’) under item number 

3920.62.00. HTSUS subheadings are 

provided for convenience and customs 

purposes. The written description of the 

scope of this proceeding is dispositive.

Amended Final Results

After reviewing the allegation and the 

rebuttal comments, we have determined 

that the Final Results did include a 

ministerial error, and we have amended 

our calculations accordingly. The 

revised final weighted–average dumping 

margin for Nan Ya, as indicated in the 

‘‘Amended Final Results’’ section 

below, is 1.94 percent. For a detailed 

discussion of the Department’s analysis 

of the ministerial error allegation, see

Memorandum from Mark Manning, 

Acting Program Manager, to Holly A. 

Kuga, Senior Director, Office 4, 

‘‘Allegation of Ministerial Error,’’ dated 

concurrently with this notice.

Additionally, in the Final Results, the 

Department published an incorrect rate 

for the ‘‘All Others’’ category. 

Specifically, the Department incorrectly 

identified the ‘‘All Others’’ rate as 2.56 

percent, rather than the correct rate of 

2.40 percent. The correct rate of 2.40 

percent was calculated in the amended 

final results of the less–than-fair–value 

(‘‘LTFV’’) investigation. See Notice of 

Amended Final Antidumping Duty 

Determination of Sales at Less Than 

Fair Value and Antidumping Duty 

Order: Polyethylene Terephthalate Film, 

Sheet, and Strip (PET Film) from 

Taiwan, 67 FR 44174 (July 1, 2002) 

(‘‘Amended LTFV Final’’).

Pursuant to section 751(h) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), we have amended the Final 

Results by correcting the ministerial 

error. Consequently, we will issue 

amended cash–deposit instructions to 

U.S. Customs and Border Protection 

(‘‘CBP’’) to reflect the amendment of the 

final results of review. The revised 

weighted–average dumping margins are 

as follows:

Manufacturer/exporter Margin 

(percent) 

Nan Ya Plastics Corporation, Ltd. 1.94

Assessment

The Department will determine, and 

CBP will assess, antidumping duties on 

all appropriate entries. Pursuant to 19 

C.F.R. § 351.212(b)(1), we calculated ad 

valorem duty assessment rates based on 

the ratio of the total amount of the 

dumping margins calculated for the 

examined sales to the total entered 

value of those same sales. For those 

sales where the respondent did not 

report actual entered value, we 

calculated importer–specific assessment 

rates based upon the net U.S. price. In 

accordance with 19 C.F.R. 

§ 351.106(c)(2), we will instruct CBP to 

liquidate without regard to antidumping 

duties all entries of subject merchandise 

during the POR for which the importer–

specific assessment rate is zero or de 

minimis (i.e., less than 0.50 percent). To 

determine whether the per–unit duty 

assessment rates are de minimis (i.e., 

less than 0.50 percent), in accordance 

with the requirement set forth in 19 

C.F.R. § 351.106(c)(2), we calculated 

importer–specific ad valorem ratios 

based on export prices. The Department 

will issue appropriate assessment 

instructions directly to CBP within 15 

days of publication of these amended 

final results of review.

Cash Deposit Requirements

The following deposit requirements 

will be effective upon publication of 

this notice of amended final results of 

administrative review for all shipments 

of PET film from Taiwan entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication, as provided by section 

751(a)(1) of the Act: (1) The cash deposit 

rates for Nan Ya will be the rate shown 

above; (2) for previously reviewed or 

investigated companies not listed above, 

the cash deposit rate will continue to be 

the company–specific rate published for 

the most recent period; (3) if the 

exporter is not a firm covered in this 

review, a prior review, or the original 

LTFV investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent period for the manufacturer of 

the merchandise; and (4) if neither the 

exporter nor the manufacturer is a firm 

covered in these or any previous 

reviews conducted by the Department, 

the cash deposit rate will be the ‘‘All 

Others’’ rate established in the 

Amended LTFV Final, which is 2.40 

percent.

These deposit requirements shall 

remain in effect until publication of the 

final results of the next administrative 

review.

Notification to Importers

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 C.F.R. 

§ 351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of the antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties.

Administrative Protective Orders

This notice also serves as the only 

reminder to parties subject to 

administrative protective orders 

(‘‘APOs’’) of their responsibility 

concerning the return or destruction of 

proprietary information disclosed under 

APO in accordance with 19 C.F.R. 

§ 351.305. Timely written notification of 

the return/destruction of APO materials 

or conversion to judicial protective 

order is hereby requested. Failure to 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 58131

comply with the regulations and terms 

of an APO is a violation which is subject 

to sanction.

We are issuing and publishing these 

amended final results in accordance 

with sections 751(h)of the Act and 19 

C.F.R. § 351.224.

Dated: September 17, 2004.

James J. Jochum,

Assistant Secretary for Import 

Administration.

[FR Doc. 04–21840 Filed 9–28–04; 8:45 am]

BILLING CODE 3510–DS–S

DEPARTMENT OF COMMERCE

National Institute of Standards and 

Technology 

Announcement of a Public Meeting on 

U.S. Technical Participation in the 12th 

Quadrennial Conference of the 

International Organization of Legal 

Metrology (OIML)

AGENCY: National Institute of Standards 

and Technology, Commerce.

ACTION: Meeting announcement and 

request for comments. 

SUMMARY: The National Institute of 

Standards and Technology (NIST) will 

hold a public meeting to discuss U.S. 

technical participation in the 12th 

Quadrennial Conference of the 

International Organization of Legal 

Metrology (OIML). This pre-conference 

public meeting is open to all interested 

parties. 

The principal focus will be on 20 

OIML Recommendations on legal 

measuring instruments that will be 

presented for ratification by the 

Conference. These Recommendations 

and OIML-member nations’ technical 

comments on them will be reviewed 

with interested parties who will be 

given an opportunity to present their 

views on the Recommendations and 

other relevant issues related to the 

Conference. 

Participants with an expressed 

interest in particular topics may obtain 

copies of the OIML Conference 

technical agenda, including copies of 

the Recommendations to be ratified. 

Interested parties wishing to schedule 

an oral presentation at the preconference meeting should provide a 

written summary of comments to the 

NIST International Legal Metrology 

Group no later than 5 October 2004. 

Written comments from parties unable 

to attend the pre-conference public 

meeting are welcome at any time.

DATES: Pre-conference meeting at the 

National Institute of Standards and 

Technology: Tuesday, 12 October 2004 

from 10 a.m. to 12 noon; Twelfth OIML 

International Conference of Legal 

Metrology in Berlin, Germany 24–29 

October 2004.

ADDRESSES: Pre-conference meeting: 

National Institute of Standards and 

Technology (NIST North), Conference 

Room 152, 820 West Diamond Avenue, 

Gaithersburg, MD; International 

Conference: main venue is the Federal 

Ministry of Economics and Labor 

Conference Center in Berlin, Germany.

FOR FURTHER INFORMATION CONTACT: Mr. 

Ralph Richter, International Legal 

Metrology Group, Weights and 

Measures Division, National Institute of 

Standards and Technology, 

Gaithersburg, MD 20899–2600; 

telephone: (301) 975–4025; fax: (301) 

926–0647; e-mail: 

ralph.richter@nist.gov.

SUPPLEMENTARY INFORMATION: The 

International Organization of Legal 

Metrology (OIML) is an 

intergovernmental treaty organization in 

which the United States and 59 other 

nations are members. Its principal 

purpose is to harmonize national laws 

and regulations pertaining to testing and 

verifying the performance of legal 

measuring instruments used for equity 

in commerce, for public and worker 

health and safety, and for monitoring 

and protecting the environment. The 

harmonized results promote the 

international trade of measuring 

instruments and products affected by 

measurement. 

Twenty Recommendations will be 

presented for ratification by the 

Conference in the following two 

categories: (1) Those already approved 

by the International Committee of Legal 

Metrology (CIML) between 2001 and 

2003; and (2) those that are expected to 

be submitted directly to the Conference 

for ratification. These Recommendations 

and the OIML-member nations holding 

the responsible secretariat for their 

development are listed below: 

Category 1 

R16 ‘‘Non-invasive 

Sphygmomanometers. Part 1: 

Mechanical; Part 2: Automated’’

(revision) (Austria); 

R48 ‘‘Tungsten ribbon lamps for 

calibration of radiation 

thermometers.’’ (revision) (Russia); 

R49–2 and R49–3 ‘‘Water meters 

intended for metering cold potable 

water. Part 2: Test methods. Part 3: 

Test report format.’’ (new 

documents) (UK); 

R52 ‘‘Hexagonal weights, ordinary 

accuracy class from 100 g to 50 kg.’’

(revision) (US); 

R61–1 and R61–2 ‘‘Automatic 

gravimetric filling instruments, Part 

1: Metrological and technical 

requirements—Tests.’’ (revision) 

‘‘Part 2: Test report format.’’ (new 

document) (UK); 

R75–1 and R75–2 ‘‘Heat meters. Part 1: 

General requirements. Part 2: 

Pattern approval and initial 

verification tests.’’ (revision) 

(Germany); 

R84 ‘‘Platinum, copper and nickel 

resistance thermometers (for 

industrial use).’’ (revision) (Russia) 

R87 ‘‘Net content in packages.’’

(revision) (US); 

R99 ‘‘Instruments for measuring 

vehicle exhaust emissions (joint 

publication with ISO 3930).’’

(amendment to document) 

(Netherlands); 

R133 ‘‘Liquid-in-glass thermometers.’’

(new document) (US); 

R134 ‘‘Automatic instruments for 

weighing road vehicles in motion. 

Part A—Total vehicle weighing.’’

(new document) (UK); 

R135 ‘‘Spectrophotometers for medical 

laboratories.’’ (new document) 

(Germany) 

Category 2 

R51–1 and R51–2 ‘‘Automatic 

catchweighing instruments. Part 1: 

Metrological requirements—Tests.’’

(revision) ‘‘Part 2: Test report 

format.’’ (new document) (UK) 

R111–1 and R111–2 ‘‘Weights of 

classes E1, E2, F1, F2, M1, M1–2, M2, 

M2–3, and M3. Part 1: Metrological 

and Technical Requirements. Part 2: 

Test Report Format.’’ (revision) 

(US);

Draft Recommendation ‘‘Instruments 

for measuring the areas of leathers. Part 

1: Metrological requirements—Tests.’’

(new document) (UK)

Dated: September 23, 2004. 

Hratch G. Semerjian, 

Acting Director.

[FR Doc. 04–21761 Filed 9–28–04; 8:45 am] 

BILLING CODE 3510–13–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 051704A]

Small Takes of Marine Mammals 

Incidental to Specified Activities; 

Marine Seismic Survey in the Gulf of 

Alaska, Northeastern Pacific Ocean

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.