5964 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

COGS used as the denominator in the 

financial expense ratio to exclude 

packing and further processing costs. 

See Comment 24.

Final Results of Review 

We determine that the following 

percentage margin exists for the period 

July 1, 2001 through June 30, 2002:

STAINLESS STEEL SHEET AND STRIP IN

COILS FROM TAIWAN

Manufacturer/exporter/reseller Margin 

(percent) 

YUSCO ....................................... 1.96 

Chia Far ...................................... 0.98 

Tung Mung ................................. 21.10 

The Department will determine, and 

Customs shall assess, antidumping 

duties on all appropriate entries. In 

accordance with section 351.212(b)(1) of 

the Department’s regulations, we have 

calculated an exporter/importer (or 

customer)-specific assessment rate for 

merchandise subject to this review. The 

Department will issue appropriate 

assessment instructions directly to 

Customs within 15 days of publication 

of these final results of review. We will 

direct Customs to assess the resulting 

assessment rates against the entered 

customs’ values for the subject 

merchandise on each of the importer’s/

customer’s entries during the review 

period. For duty-assessment purposes, 

we have calculated importer-specific 

assessment rates by dividing the 

dumping margins calculated for each 

importer by the total entered value of 

sales for each importer during the 

period of review. 

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of 

this notice of final results of 

administrative review for all shipments 

of stainless steel sheet and strip in coils 

from Taiwan entered, or withdrawn 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 YUSCO, Chia Far 

and Tung Mung will be the rates 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 

less-than-fair-value (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, which is 12.12 percent. 

These deposit requirements shall 

remain in effect until publication of the 

final results of the next administrative 

review. 

Notification of Interested Parties 

This notice also serves as a final 

reminder to importers of their 

responsibility under section 

351.402(f)(2) of the Department’s 

regulations to file a certificate regarding 

the reimbursement of antidumping 

duties or countervailing 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 or countervailing duties occurred 

and the subsequent assessment of 

double antidumping duties or 

countervailing duties. 

This notice also serves as a 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 section 351.305 of the 

Department’s regulations, which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

We are issuing and publishing this 

determination and notice in accordance 

with sections 751(a)(1) and 771(i) of the 

Act.

Dated: February 2, 2004. 

James J. Jochum, 

Assistant Secretary for Import 

Administration.

Appendix I—Issues In The Decision 

Memorandum 

A. Issues With Respect to Tung Mung and Ta 

Chen 

Comment 1: Rescission of Review for Ta 

Chen 

Comment 2: Adverse Facts Available 

(‘‘AFA’’) for Tung Mung 

B. Issues With Respect to YUSCO 

Comment 3: Affiliation with Yieh Loong 

Enterprise Company Ltd. (‘‘Yieh Loong’’) 

and China Steel Corporation (‘‘CSC’’) 

Comment 4: Classification of Home Market 

Sales 

Comment 5: Affiliated Parties in the Home 

Market 

Comment 6: Returned Sales 

Comment 7: Affiliation and Collapsing with 

a Certain Downstream Further 

Manufacturer 

Comment 8: Freight Expense Reported by 

Affiliated Parties in the Home Market 

Comment 9: Cost Reconciliation 

Comment 10: Exchange Rate Gains and 

Losses for Cost of Production (‘‘COP’’) and 

Constructed Value (‘‘CV’’) 

Comment 11: Total AFA for YUSCO 

C. Issues With Respect to Chia Far 

Comment 12: Chia Far’s Home Market 

Affiliated Parties 

Comment 13: Home Market Date of Sale 

Comment 14: Incompleteness of Home 

Market Database 

Comment 15: Classification of Non-Prime 

Merchandise 

Comment 16: Calculation of Early Payment 

Discounts for Home Market 

Comment 17: Foreign Inland Freight in 

Taiwan for U.S. Sales 

Comment 18: Inventory Carrying Costs 

(‘‘ICC’’) Incurred in Taiwan for U.S. Sales 

Comment 19: Export Losses for U.S. Sales 

Comment 20: Treatment of Shut-Down Costs 

Comment 21: Calculation of Fully Yielded 

Cost 

Comment 22: Treatment of Certain Expenses 

Under the Generally Accounting Principles 

(‘‘GAAP’’) in Taiwan 

Comment 23: Calculation of Per-Unit General 

and Administrative (‘‘G&A’’) Expense Ratio 

Comment 24: Understatement of Financial 

Expenses in the COP/CV Response 

Comment 25: Total AFA for Chia Far

[FR Doc. 04–2720 Filed 2–6–04; 8:45 am] 

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C-351–833]

Carbon and Certain Alloy Steel Wire 

Rod from Brazil: Notice of Rescission 

of Countervailing Duty Administrative 

Review

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

ACTION: Notice of Rescission of 

Countervailing Duty Administrative 

Review.

SUMMARY: In response to a request made 

on October 31, 2003, by Companhia 

Siderurgica Belgo Mineira, Belgo 

Mineira Participacoes Industria e 

Comercio S.A., and BMP Siderurgica 

S.A., Brazilian producers/exporters of 

carbon and certain alloy steel wire rod, 

the Department of Commerce initiated 

an administrative review of the 

countervailing duty order on carbon and 

certain alloy steel wire rod from Brazil, 

covering the period August 30, 2002 

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 5965

through December 31, 2002. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews, 68 FR 66799 (November 28, 

2003). As a result of a timely 

withdrawal of the request for review by 

Companhia Siderurgica Belgo Mineira, 

Belgo Mineira Participacoes Industria e 

Comercio S.A., and BMP Siderurgica 

S.A., we are rescinding this review.

EFFECTIVE DATE: February 9, 2004.

FOR FURTHER INFORMATION CONTACT:

Melani Miller, AD/CVD Enforcement, 

Group I, Office 1, Import 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone (202) 482–0116.

SUPPLEMENTARY INFORMATION:

Background

On October 22, 2002, the Department 

of Commerce (‘‘the Department’’) 

published a countervailing duty order 

on carbon and certain alloy steel wire 

rod (‘‘subject merchandise’’ or ‘‘wire 

rod’’) from Brazil. See Notice of 

Countervailing Duty Orders: Carbon and 

Certain Alloy Steel Wire Rod from Brazil 

and Canada, 67 FR 64871 (October 22, 

2002). On October 31, 2003, Companhia 

Siderurgica Belgo Mineira, Belgo 

Mineira Participacoes Industria e 

Comercio S.A., and BMP Siderurgica 

S.A. (collectively, ‘‘Belgo Mineira’’), 

Brazilian producers/exporters of wire 

rod, requested an administrative review 

of the countervailing duty order on wire 

rod from Brazil covering the period 

August 30, 2002 through December 31, 

2002. In accordance with 19 CFR 

351.221(c)(1)(i), we published a notice 

of initiation of the review on November 

28, 2003. See Initiation of Antidumping 

and Countervailing Duty Administrative 

Reviews, 68 FR 66799 (November 28, 

2003). On January 29, 2004, Belgo 

Mineira withdrew its request for review.

Scope of Review

Imports covered by this review are 

certain hot-rolled products of carbon 

steel and alloy steel, in coils, of 

approximately round cross section, 5.00 

mm or more, but less than 19.00 mm, in 

solid cross-sectional diameter.

Specifically excluded are steel 

products possessing the above-noted 

physical characteristics and meeting the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) definitions for 

(a) stainless steel; (b) tool steel; c) high 

nickel steel; (d) ball bearing steel; and 

(e) concrete reinforcing bars and rods. 

Also excluded are (f) free machining 

steel products (i.e., products that 

contain by weight one or more of the 

following elements: 0.03 percent or 

more of lead, 0.05 percent or more of 

bismuth, 0.08 percent or more of sulfur, 

more than 0.04 percent of phosphorus, 

more than 0.05 percent of selenium, or 

more than 0.01 percent of tellurium).

Also excluded from the scope are 

1080 grade tire cord quality wire rod 

and 1080 grade tire bead quality wire 

rod. This grade 1080 tire cord quality 

rod is defined as: (i) grade 1080 tire cord 

quality wire rod measuring 5.0 mm or 

more but not more than 6.0 mm in 

cross-sectional diameter; (ii) with an 

average partial decarburization of no 

more than 70 microns in depth 

(maximum individual 200 microns); (iii) 

‘‘having no non-deformable inclusions 

greater than 20 microns and no 

deformable inclusions greater than 35 

microns; (iv) having a carbon 

segregation per heat average of 3.0 or 

better using European Method NFA 04–

114; (v) having a surface quality with no 

surface defects of a length greater than 

0.15 mm; (vi) capable of being drawn to 

a diameter of 0.30 mm or less with 3 or 

fewer breaks per ton, and (vii) 

containing by weight the following 

elements in the proportions shown: (1) 

0.78 percent or more of carbon, (2) less 

than 0.01 percent of aluminum, (3) 

0.040 percent or less, in the aggregate, 

of phosphorus and sulfur, (4) 0.006 

percent or less of nitrogen, and (5) not 

more than 0.15 percent, in the aggregate, 

of copper, nickel and chromium.

This grade 1080 tire bead quality rod 

is defined as: (i) grade 1080 tire bead 

quality wire rod measuring 5.5 mm or 

more but not more than 7.0 mm in 

cross-sectional diameter; (ii) with an 

average partial decarburization of no 

more than 70 microns in depth 

(maximum individual 200 microns); (iii) 

‘‘having no non-deformable inclusions 

greater than 20 microns and no 

deformable inclusions greater than 35 

microns; (iv) having a carbon 

segregation per heat average of 3.0 or 

better using European Method NFA 04–

114; (v) having a surface quality with no 

surface defects of a length greater than 

0.2 mm; (vi) capable of being drawn to 

a diameter of 0.78 mm or larger with 0.5 

or fewer breaks per ton; and (vii) 

containing by weight the following 

elements in the proportions shown: (1) 

0.78 percent or more of carbon, (2) less 

than 0.01 percent of soluble aluminum, 

(3) 0.040 percent or less, in the 

aggregate, of phosphorus and sulfur, (4) 

0.008 percent or less of nitrogen, and (5) 

either not more than 0.15 percent, in the 

aggregate, of copper, nickel and 

chromium (if chromium is not 

specified), or not more than 0.10 percent 

in the aggregate of copper and nickel 

and a chromium content of 0.24 to 0.30 

percent (if chromium is specified).

For purposes of the grade 1080 tire 

cord quality wire rod and the grade 

1080 tire bead quality wire rod, an 

inclusion will be considered to be 

deformable if its ratio of length 

(measured along the axis - that is, the 

direction of rolling - of the rod) over 

thickness (measured on the same 

inclusion in a direction perpendicular 

to the axis of the rod) is equal to or 

greater than three. The size of an 

inclusion for purposes of the 20 microns 

and 35 microns limitations is the 

measurement of the largest dimension 

observed on a longitudinal section 

measured in a direction perpendicular 

to the axis of the rod. This measurement 

methodology applies only to inclusions 

on certain grade 1080 tire cord quality 

wire rod and certain grade 1080 tire 

bead quality wire rod that are entered, 

or withdrawn from warehouse, for 

consumption on or after July 24, 2003.

The designation of the products as 

‘‘tire cord quality’’ or ‘‘tire bead quality’’

indicates the acceptability of the 

product for use in the production of tire 

cord, tire bead, or wire for use in other 

rubber reinforcement applications such 

as hose wire. These quality designations 

are presumed to indicate that these 

products are being used in tire cord, tire 

bead, and other rubber reinforcement 

applications, and such merchandise 

intended for the tire cord, tire bead, or 

other rubber reinforcement applications 

is not included in the scope. However, 

should petitioners or other interested 

parties provide a reasonable basis to 

believe or suspect that there exists a 

pattern of importation of such products 

for other than those applications, enduse certification for the importation of 

such products may be required. Under 

such circumstances, only the importers 

of record would normally be required to 

certify the end use of the imported 

merchandise.

All products meeting the physical 

description of subject merchandise that 

are not specifically excluded are 

included in this scope.

The products under review are 

currently classifiable under subheadings 

7213.91.3010, 7213.91.3090, 

7213.91.4510, 7213.91.4590, 

7213.91.6010, 7213.91.6090, 

7213.99.0031, 7213.99.0038, 

7213.99.0090, 7227.20.0010, 

7227.20.0020, 7227.20.0090, 

7227.20.0095, 7227.90.6051, 

7227.90.6053, 7227.90.6058, and 

7227.90.6059 of the HTSUS. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the scope is 

dispositive.

5966 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

Rescission of Review

The Department’s regulations at 19 

CFR 351.213(d)(1) provide that the 

Department will rescind an 

administrative review if a party that 

requested a review withdraws the 

request within 90 days of the date of 

publication of the notice of initiation of 

the requested review. Belgo Mineira 

withdrew its request for an 

administrative review on January 29, 

2004, which is within the 90-day 

deadline. No other party requested a 

review of Belgo Mineira’s sales. 

Therefore, the Department is rescinding 

this administrative review.

This notice also serves as a reminder 

to parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation.

This notice is issued and published in 

accordance with 19 CFR 351.213(d)(4).

Dated: February 3, 2004.

Jeffrey May,

Deputy Assistant Secretary for Import 

Administration.

[FR Doc. 04–2721 Filed 2–6–04; 8:45 am]

BILLING CODE 3510–DS–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 011504A]

Taking and Importing of Marine 

Mammals

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of affirmative finding 

renewal.

SUMMARY: The Assistant Administrator 

for Fisheries, NMFS, (Assistant 

Administrator) renewed the affirmative 

finding for the Government of Mexico 

under the Marine Mammal Protection 

Act (MMPA). This affirmative finding 

renewal will allow yellowfin tuna 

harvested in the eastern tropical Pacific 

Ocean (ETP) in compliance with the 

International Dolphin Conservation 

Program (IDCP) by Mexican-flag purse 

seine vessels or purse seine vessels 

operating under Mexican jurisdiction to 

continue to be imported into the United 

States. The affirmative finding renewal 

was based on review of documentary 

evidence submitted by the Government 

of Mexico and obtained from the InterAmerican Tropical Tuna Commission 

(IATTC) and the Department of State.

DATES: Effective April 1, 2003, through 

March 31, 2004.

FOR FURTHER INFORMATION CONTACT:

Regional Administrator, Southwest 

Region, NMFS, 501 West Ocean 

Boulevard, Suite 4200, Long Beach, 

California, 90802–4213; Phone 562–

980–4000; Fax 562–980–4018.

SUPPLEMENTARY INFORMATION: The 

MMPA, 16 U.S.C. 1361 et seq., as 

amended by the International Dolphin 

Conservation Program Act (IDCPA) 

(Public Law 105–42), allows the entry 

into the United States of yellowfin tuna 

harvested by purse seine vessels in the 

ETP under certain conditions. If 

requested by the harvesting nation, the 

Assistant Administrator will determine 

whether to make an affirmative finding 

based upon documentary evidence 

provided by the government of the 

harvesting nation, the IATTC, or the 

Department of State. A finding will 

remain valid for 1 year (April 1 through 

March 31) or for such other period as 

the Assistant Administrator may 

determine. An affirmative finding 

applies to yellowfin tuna and tuna 

products that were harvested in the ETP 

by purse seine vessels under the 

jurisdiction of the nation after March 3, 

1999, the effective date of the IDCPA.

The affirmative finding process 

requires that the harvesting nation meet 

several conditions related to compliance 

with the IDCP. Every 5 years, the 

government of the harvesting nation 

must request an affirmative finding and 

submit the required documentary 

evidence directly to the Assistant 

Administrator. A nation may provide 

information regarding compliance with 

the IDCP directly to NMFS on an annual 

basis or may authorize the IATTC to 

release the information to NMFS in 

years when NMFS will review and 

consider whether to issue an affirmative 

finding determination without an 

application from the harvesting nation.

An affirmative finding will be 

terminated, in consultation with the 

Secretary of State, if the Assistant 

Administrator determines that the 

requirements of 50 CFR 216.24(f) are no 

longer being met or that a nation is 

consistently failing to take enforcement 

actions on violations, thereby 

diminishing the effectiveness of the 

IDCP. Every 5 years, the government of 

the harvesting nation must request an 

affirmative finding and submit the 

required documentary evidence directly 

to the Assistant Administrator.

As a part of the annual review process 

set forth in 50 CFR 216.24(f), the 

Assistant Administrator considered 

documentary evidence submitted by the 

Government of Mexico or obtained from 

the IATTC and the Department of State 

and determined that Mexico has met the 

MMPA’s requirements to receive an 

affirmative finding.

After consultation with the 

Department of State, NMFS renewed the 

Government of Mexico’s affirmative 

finding allowing the continued 

importation into the United States of 

yellowfin tuna and products derived 

from yellowfin tuna harvested in the 

ETP after March 3, 1999, by Mexicanflag purse seine vessels or purse seine 

vessels operating under Mexican 

jurisdiction.

In 2004, the Assistant Administrator 

will determine whether the Government 

of Mexico is meeting the requirements 

under section 101 (a)(2)(B) and (C) of 

the MMPA. If necessary, documentary 

evidence may also be requested from the 

Government of Mexico to determine 

whether the affirmative finding criteria 

are being met. In order for the 

affirmative finding for the Government 

of Mexico to be renewed after NMFS’s 

annual review in 2004, the Government 

of Mexico must submit a new 

application in early 2005 for an 

affirmative finding to be effective for the 

period April 1, 2005, through March 31, 

2006, and the subsequent 4 years.

Dated: February 3, 2004.

Wanda L. Cain,

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service.

[FR Doc. 04–2716 Filed 2–6–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF DEFENSE

Office of the Secretary 

Submission for OMB Review; 

Comment Request

ACTION: Notice.

The Department of Defense has 

submitted to OMB for clearance, the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35).

DATES: Consideration will be given to all 

comments received by March 10, 2004. 

Title, Form, and OMB Number: Civil 

Aircraft Landing Permit System; OBM 

Number 0701–0050. 

Type of Request: Extension of a 

Currently Approved Collection.