Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Notices 5145 

export hand trucks to the United States 

during the period of investigation (POI), 

April 1, 2003 through September 30, 

2003. In addition, pursuant to section 

751(a)(2)(B)(i)(II) of the Act and 19 CFR 

351.214(b)(2)(iii)(A), ABC Tools 

certified that since the initiation of the 

investigation it has never been affiliated 

with any exporter or producer who 

exported hand trucks to the United 

States during the POI, including those 

not individually examined during the 

investigation. As required by 19 CFR 

351.214(b)(2)(iii)(B), ABC Tools also 

certified that its export activities were 

not controlled by the central 

government of the PRC. 

In addition to the certifications 

described above, pursuant to 19 CFR 

351.214(b)(2)(iv), ABC Tools submitted 

documentation establishing the 

following: (1) The date on which it first 

shipped hand trucks for export to the 

United States; (2) the volume of its first 

shipment; (3) an entry of subject 

merchandise for consumption in the 

United States; and (4) a sale of subject 

hand trucks by ABC Tools to an 

unaffiliated customer in the United 

States during the twelve-month period 

immediately preceding the annual 

anniversary month of the antidumping 

duty order on hand trucks from the PRC. 

Initiation of New Shipper Review 

Pursuant to section 751(a)(2)(B) of the 

Act and 19 CFR 351.214(d)(1), we find 

that the request submitted by ABC Tools 

meets the threshold requirements for 

initiation of a new shipper review of 

hand trucks from the PRC produced and 

exported by ABC Tools. 

This review covers the period from 

December 1, 2007, through November 

30, 2008. See 19 CFR 351.214(g)(1)(i)(A). 

We intend to issue preliminary results 

of this review no later than 180 days 

from the date of initiation, and final 

results no later than 90 days from the 

date the preliminary results are issued. 

See section 751(a)(2)(B)(iv) of the Act. 

It is the Department’s usual practice, 

in cases involving non-market 

economies, to require that a company 

seeking to establish eligibility for an 

antidumping duty rate separate from the 

country-wide rate provide evidence of 

de jure and de facto absence of 

government control over the company’s 

export activities. Although ABC Tools 

has provided some of this information 

in its new shipper request, we will issue 

a questionnaire to ABC Tools, including 

a separate-rate section. The review will 

proceed if the response provides 

sufficient indication that ABC Tools is 

not subject to either de jure or de facto 

government control with respect to its 

exports of hand trucks. However, if ABC 

Tools does not demonstrate its 

eligibility for a separate rate, it will be 

deemed not separate from other 

companies that exported during the POI, 

and its new shipper review will be 

rescinded. 

On August 17, 2006, the Pension 

Protection Act of 2006 (H.R. 4) was 

signed into law. Section 1632 of H.R. 4 

temporarily suspends the authority of 

the Department to instruct U.S. Customs 

and Border Protection to collect a bond 

or other security in lieu of a cash 

deposit in a new shipper review. 

Therefore, the posting of a bond or other 

security under section 751(a)(2)(B)(iii) 

of the Act in lieu of a cash deposit is 

not available in this case. Importers of 

hand trucks produced and exported by 

ABC Tools must continue to post cash 

deposits of estimated antidumping 

duties on each entry of subject 

merchandise at the PRC-wide entity rate 

of 383.6 percent. See Antidumping Duty 

Order: Hand Trucks and Certain Parts 

Thereof From The People’s Republic of 

China, 69 FR 70122 (December 2, 2004). 

Interested parties needing access to 

proprietary information in this new 

shipper review should submit 

applications for disclosure under 

administrative protective order in 

accordance with 19 CFR 351.305 and 

351.306. 

This initiation and notice are in 

accordance with section 751(a)(2)(B) of 

the Act and 19 CFR 351.214 and 

351.221(c)(1)(i). 

Dated: January 22, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–1936 Filed 1–28–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Mission Statement; Aerospace 

Executive Service at Latin America 

Aero and Defence 2009 April 14–17, 

2009 

AGENCY: Department of Commerce. 

ACTION: Notice. 

Mission Description 

The United States Department of 

Commerce, International Trade 

Administration, U.S. and Foreign 

Commercial Service is organizing an 

Aerospace Executive Service (AES) 

trade mission to the Latin America Aero 

and Defence (LAAD) 2009 show, in Rio 

de Janeiro, Brazil, April 14–17, 2009. 

LAAD is in its sixth biennial year and 

is a certified U.S. Department of 

Commerce trade show. The AES will 

include representatives from a variety of 

U.S. aerospace-industry manufacturers 

and service providers. The mission 

participants will benefit from 

individual, pre-screened appointments 

at the Riocentro trade show location 

with potential agents, distributors, and 

end-users whose capabilities are 

targeted to each U.S. participant’s 

requirements. Participating companies 

will also benefit from exhibitor access to 

the trade show, a product literature 

display at LAAD, country briefings, and 

logistical support during the trade 

mission program. 

Commercial Setting 

LAAD features equipment and 

services for the internal security and 

Special Forces, as well as state-of-the-art 

equipment and services to the 

conventional armed forces of Latin 

America. Visitors include military, 

aerospace, and airline decision makers 

from throughout Latin America and the 

world. In 2007, 315 companies from 28 

countries exhibited a wide range of 

commercial and military aerospace and 

ground support equipment and services, 

including aerospace materials and 

interiors, airport ground support 

equipment, aircraft maintenance 

services and equipment, avionics and 

radar systems, simulators and training 

equipment and unmanned aerial 

vehicles. 

Latin America’s defense market 

represents emerging opportunities for 

aerospace manufacturers with a growing 

demand for new and upgraded fighters, 

surveillance and patrol platforms, air-toair tankers and counter-insurgency/antinarcotics equipment. Military 

expenditures in Latin America are 

expected to reach $32.2 billion in 2009. 

In addition, Latin American 

governments plan to introduce new and 

updated systems. Specifically Brazil, 

Colombia, Mexico, and Chile are 

planning to procure nuclear-powered 

submarine capability, technologies for 

counter-insurgency operations against 

guerillas and illicit drug crops, counternarcotics, and tanker aircraft for inflight refueling. 

In Brazil, the armed forces are 

continuing to modernize its equipment 

and systems. The Government of Brazil 

is making financing a priority in order 

for the Brazilian Air Force to address its 

most urgent updating requirements. 

Additionally, Latin American countries 

are participating in United Nationssponsored peace keeping and disaster 

relief missions throughout the world, 

creating additional procurement 

requirements. 


rmajette on PRODPC74 with NOTICES
5146 Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Notices 

*An SME is defined as a firm with 500 or fewer 

employees or that otherwise qualifies as a small 

business under SBA regulations (see http:// 

www.sba.gov/services/contracting opportunities/ 

sizestandardstopics/index.html). Parent companies, 

affiliates, and subsidiaries will be considered when 

determining business size. The dual pricing reflects 

the Commercial Service’s user fee schedule that 

became effective May 1, 2008 (see http:// 

www.export.gov/newsletter/march2008/ 

initiatives.html for additional information). 

Mission Goals 

The goal of the AES at Latin America 

Aerospace and Defence (LAAD) 2009 is 

to facilitate an effective presence for 

small- to medium-sized U.S. companies 

that may not yet be ready to incur the 

major expenses associated with 

purchasing and staffing exhibition 

space. The AES enables U.S. aerospace 

companies to familiarize themselves 

with this important trade fair, to 

conduct market research, and to explore 

export opportunities through prescreened meetings with potential 

partners. With Commercial Service staff 

on hand to help further companyspecific objectives, the AES provides 

access to Brazil and other international 

markets and business partners in a 

manner that cannot be matched by 

simply attending the show as a visitor. 

Mission Scenario 

The AES at LAAD will formally begin 

on Tuesday, April 14, 2009, with a 

company briefing and visit to the trade 

show on the opening day. On 

Wednesday, April 15, and Thursday, 

April 16, AES participants will benefit 

from pre-screened meetings (with up to 

eight appointments per company) with 

prospective distributors and end-users 

arranged by the Commercial Service in 

Brazil. These meetings will be held in 

private rooms at the Riocentro 

Convention Center. No exhibition or 

larger demonstration items will be 

permitted, unless the AES participating 

company separately purchases exhibitor 

booth space directly from Clarion Expo, 

the show organizer. On the final day of 

the show, Friday, April 17, AES 

participants can visit the show floor at 

LAAD and hold their own 

independently scheduled follow up 

meetings, with Commercial Service staff 

available at the show to assist, as 

needed. 

The AES package at LAAD 2009 also 

includes the following: 

• Official show entry (or exhibitor) 

passes. 

• Listing in the LAAD 2009 

Exhibitor’s Directory. 

• Company product literature on 

display in the U.S. booth. 

• Logistical support (interpreter for 

pre-scheduled meetings, ground 

transportation to/from the show each 

day, and coordination of hotel 

arrangements). 

Proposed Mission Timetable 

Monday, April 13, 2009 .......................................................................... Companies arrive in Rio de Janeiro. 

Tuesday, April 14, 2009 .......................................................................... Official trade show briefing and visit to LAAD 2009. 

Wednesday, April 15, Thursday, April 16 ............................................ Pre-screened individual meetings at show location. 

Friday, April 17 ....................................................................................... Companies visit LAAD for individual follow-up. AES concludes. 

Participation Requirements 

All parties interested in participating 

in the AES at LAAD 2009 must 

complete and submit an application 

package for consideration by the 

Department of Commerce. All 

applicants will be evaluated on their 

ability to meet certain conditions and 

best satisfy the selection criteria as 

outlined below. A minimum of 5 and 

maximum of 6 companies will be 

selected to participate in the mission 

from the applicant pool. U.S. companies 

already doing business in Latin America 

as well as U.S. companies seeking to 

enter Latin American markets for the 

first time may apply. 

Fees and Expenses: 

After a company has been selected to 

participate on the mission, a payment to 

the Department of Commerce in the 

form of a participation fee is required. 

The participation fee will be $4,500 for 

large firms and $3,000 for a small or 

medium-sized enterprise (SME).* The 

fee for each additional firm 

representative (large firm or SME) is 

$350. Expenses for travel, lodging, most 

meals, and incidentals will be the 

responsibility of each mission 

participant. 

Conditions for Participation: 

• An applicant must submit a 

completed and signed mission 

application and supplemental 

application materials, including 

adequate information on the company’s 

products and/or services, primary 

market objectives, and goals for 

participation. If the Department of 

Commerce receives an incomplete 

application, the Department may reject 

the application, request additional 

information, or take the lack of 

information into account when 

evaluating the applications. 

• Each applicant must also certify 

that the products and services it seeks 

to export through the mission are either 

produced in the United States, or, if not, 

marketed under the name of a U.S. firm 

and have at least 51 percent U.S. 

content of the value of the finished 

product or service. 

• Each applicant’s products must 

meet LAAD 2009 trade fair rules. 

Regulation information can be found at 

the show’s Web site at http:// 

www.laadexpo.com/2009/eng/ 

index.asp. 

Selection Criteria: Selection will be 

based on the following criteria: 

• Suitability of the company’s 

products or services to the Latin 

American market. 

• Applicant’s potential for business 

in Latin America, including likelihood 

of exports resulting from the mission. 

• Relevance of the company’s 

business line to the mission’s goals. 

Referrals from political organizations 

and any documents containing 

references to partisan political activities 

(including political contributions) will 

be removed from an applicant’s 

submission and not considered during 

the selection process. 

Timeframe for Recruitment and 

Applications 

Mission recruitment will be 

conducted in an open and public 

manner, including publication in the 

Federal Register posting on the 

Commerce Department trade missions 

calendar—http://www.ita.doc.gov/ 

doctm/tmcal.html—and other Internet 

Web sites, publication in domestic trade 

publications and association 

newsletters, mailings from internal 

mailing lists, faxes to internal database 

aerospace clients, email to aerospace 

distribution lists, and announcements at 

industry meetings, conferences, and 

trade shows. ITA Aerospace and 

Defense Technology Team members in 

U.S. Export Assistance Centers will 

have the lead in recruiting the AES 

Program. 

Recruitment for the mission will 

begin immediately and conclude no 

later than March 1, 2009. Applications 

will be available online at http:// 

www.buyusa.gov/connecticut/ 

laad2009.html. They can also be 

obtained by contacting the Mission 

Contacts listed below. The mission will 

open on a first come first served basis. 

Applications received after March 1, 

2009 will be considered only if space 

and scheduling constraints permit. 


rmajette on PRODPC74 with NOTICES
Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Notices 5147 

Contacts: 

Melissa Grosso, U.S. Commercial 

Service Middletown, Tel: 860–638– 

6955, Melissa.Grosso@mail.doc.gov. 

Genard Burity, U.S. Commercial 

Service, Rio de Janeiro, Tel: 55–21– 

3823–2401, 

Genard.Burity@mail.doc.gov. 

Daniele Andrews, U.S. Commercial 

Service, Brasilia , Tel: 55–61–312– 

7458, Daniele.Andrews@mail.doc.gov, 

Sean Timmins, 

Global Trade Programs, Commercial Service 

Trade Missions Program. 

[FR Doc. E9–1866 Filed 1–28–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–825] 

Oil Country Tubular Goods, Other 

Than Drill Pipe, From Korea: Court 

Decision Not in Harmony With Final 

Results of Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On December 22, 2008, the 

United States Court of International 

Trade (CIT) sustained the Department of 

Commerce’s (the Department) results of 

redetermination pursuant to the CIT’s 

remand and entered final judgment in 

Husteel Company, Ltd., and SeAH 

Corp., Ltd., v. United States, Consol. Ct. 

No. 06–00075, Slip Op. 08–139 (CIT 

December 22, 2008) (Husteel v. United 

States II ). See Results of 

Redetermination on Remand Pursuant 

to Husteel Company, Ltd., and SeAH 

Corp., Ltd., v. United States, dated 

August 29, 2008, and Results of 

Redetermination on Remand Pursuant 

to Husteel Company, Ltd., and SeAH 

Corp., Ltd., v. United States, dated 

December 5, 2008 (available at http:// 

ia.ita.doc.gov/remands). Consistent with 

the decision of the United States Court 

of Appeals for the Federal Circuit 

(CAFC) in Timken Co. v. United States, 

893 F.2d 337 (Fed. Cir. 1990) (Timken), 

the Department is notifying the public 

that the final judgment in this case is 

not in harmony with the Department’s 

final results of the administrative review 

of the antidumping duty order on oil 

country tubular goods, other than drill 

pipe, from Korea covering the period of 

review (POR) of August 1, 2003 through 

July 31, 2004. See Oil Country Tubular 

Goods, Other Than Drill Pipe, from 

Korea: Final Results of Antidumping 

Duty Administrative Review, 71 FR 

13091 (March 14, 2006) (Final Results). 

DATES: Effective Date: December 22, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Scott Lindsay, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone (202) 

482–0780. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 14, 2006, the Department 

issued its final results in the 

antidumping duty administrative review 

of oil country tubular goods, other than 

drill pipe, from Korea covering the POR 

of August 1, 2003 through July 31, 2004. 

See Final Results. In the Final Results, 

the Department found that the use of 

third country sales to a non-market 

economy (the People’s Republic of 

China (PRC), in this case) is 

inappropriate for determining normal 

value, because these sales are not 

representative. Id. As such, in 

calculating normal value for SeAH Steel 

Corp. Ltd. (SeAH), the Department used 

SeAH’s third country sales to Canada, 

and in calculating normal value for 

Husteel Co. Ltd. (Husteel), the 

Department utilized constructed value. 

Therefore, SeAH was assigned a rate of 

6.84 percent, and Husteel was assigned 

a rate of 12.30 percent. Id. 

In Husteel Company, Ltd., and SeAH 

Corp., Ltd., v. United States, Consol. Ct. 

No. 06–00075, Slip Op. 08–62 (CIT June 

2, 2008) (Husteel v. United States I), the 

CIT remanded the Final Results, holding 

that the Department’s finding that sales 

into a non-market economy are not 

representative was not supported by 

substantial record evidence. The CIT 

directed the Department to either 

present persuasive record evidence that 

SeAH’s and Husteel’s sales into the PRC 

were not representative within the 

meaning of 19 U.S.C. 

1677b(a)(1)(B)(ii)(I), or find the sales 

into the PRC to be representative, and 

then recalculate and assign SeAH and 

Husteel new antidumping duty 

assessment rates. On August 29, 2008, 

the Department issued its final results of 

redetermination pursuant to Husteel v. 

United States I. See Results of 

Redetermination on Remand Pursuant 

to Husteel Company, Ltd., and SeAH 

Corp., Ltd., v. United States (August 29, 

2008) (Remand Results). The remand 

redetermination explained that, in 

accordance with the CIT’s instructions, 

after finding sales to the PRC to be 

representative, the Department 

recalculated the assessment rate for 

SeAH and Husteel. Specifically, the 

Department determined SeAH’s new 

weighted-average margin to be 0.59 

percent, and Husteel’s new weightedaverage margin to be 0.62 percent. 

However, in the Remand Results, the 

Department inadvertently treated 

certain Korean inventory carrying costs 

as if they were denominated in U.S. 

dollars when they, in fact, had been 

denominated in Korean won. Therefore, 

in Husteel Company Ltd. and SeAH 

Corp. Ltd., v. United States, Consol. Ct. 

No. 06–000075, Slip Op. 08–127 (CIT 

November 21, 2008), the CIT upheld the 

Department’s Remand Results, with the 

exception of the calculation of certain 

inventory carrying costs. The CIT 

ordered the Department to correct its 

calculation of Husteel’s Korean 

inventory carrying costs. In accordance 

with the CIT’s order, the Department 

corrected its calculation with regard to 

Husteel’s Korean inventory carrying 

costs. See Results of Redetermination on 

Remand Pursuant to Husteel Company, 

Ltd., and SeAH Corp., Ltd., v. United 

States (December 5, 2008). As a result, 

Husteel’s new dumping margin is now 

de minimis , and SeAH’s margin 

remains 0.59 percent. 

Timken Notice 

In its decision in Timken, 893 F.2d at 

341, the CAFC held that, pursuant to 

section 516A(e) of the Tariff Act of 

1930, as amended (the Act), the 

Department must publish a notice of a 

court decision that is not ‘‘in harmony’’ 

with a Department determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

The CIT’s decision in Husteel vs. United 

States II, on December 22, 2008, 

constitutes a final decision of that court 

that is not in harmony with the 

Department’s Final Results. This notice 

is published in fulfillment of the 

publication requirements of Timken. 

Accordingly, the Department will 

continue the suspension of liquidation 

of the subject merchandise pending the 

expiration of the period of appeal or, if 

appealed, pending a final and 

conclusive court decision. In the event 

the CIT’s ruling is not appealed or, if 

appealed, upheld by the CAFC, the 

Department will instruct U.S. Customs 

and Border Protection to assess 

antidumping duties on entries of the 

subject merchandise during the POR 

from Husteel and SeAH based on the 

revised assessment rates calculated by 

the Department. 

This notice is issued and published in 

accordance with section 516A(c)(1) of 

the Act. 


rmajette on PRODPC74 with NOTICES