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
5148 Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Notices 

Dated: January 21, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–1940 Filed 1–28–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; Northeast 

Multispecies Days-at-Sea Leasing 

Program 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA). 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before March 30, 2009. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 7845, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Douglas Potts, National 

Marine Fisheries Service, (978) 281– 

9341 or Douglas.Potts@noaa.gov). 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

A proposed emergency rule for the NE 

Multispecies Fishery Management Plan 

(FMP) was published in the Federal 

Register on April 24, 2003 (68 FR 

200096). The emergency rule was used 

to continue management measures 

specified in the Settlement Agreement 

Among Certain Parties, which were 

implemented as ordered by the U.S. 

District Court for the District of 

Columbia (Court) in a Remedial Order 

issued on May 23, 2002. The emergency 

rule included several management 

measures designed to reduce overfishing 

on species managed under the NE 

Multispecies FMP, including a Days-AtSea (DAS) Leasing Program, and was 

published in order to continue the 

measures until the implementation of 

Amendment 13 to the NE Multispecies 

FMP. The final rule, RIN 0648–AN17, 

for implementing Amendment 13 to the 

NE Multispecies FMP, was published in 

the Federal Register on April 27, 2004 

(69 FR 22906). Amendment 13 was 

developed by the New England Fishery 

Management Council (Council) 

primarily to end overfishing on all 

groundfish stocks and to rebuild all 

groundfish stocks that are overfished. 

Amendment 13 included substantial 

reductions in the amount of effort 

available to target groundfish stocks. 

Therefore, Amendment 13 resulted in 

considerable reductions in the number 

of DAS for NE multispecies vessels. 

The reduction in the DAS allocated to 

NE multispecies permit holders limited 

the ability of some vessels to participate 

in the fishery, resulting in a loss of 

revenue and/or the ability to operate at 

a profit. In order to mitigate some of the 

adverse economic impacts of the effort 

reductions, the DAS Leasing Program 

was established by the Council, among 

other provisions, in Amendment 13. 

The DAS Leasing Program enables 

vessels to increase their revenue by 

either leasing additional DAS from 

another vessel or using them to increase 

their participation in the fishery, or by 

leasing their allocated DAS that they 

may not use to another vessel. 

II. Method of Collection 

Applications will be submitted by 

mail. 

III. Data 

OMB Control Number: 0648–0475. 

Form Number: None. 

Type of Review: Regular submission. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

1,400. 

Estimated Time per Response: 5 

minutes. 

Estimated Total Annual Burden 

Hours: 583. 

Estimated Total Annual Cost to 

Public: $1,158. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: January 26, 2009. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E9–1947 Filed 1–28–09; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2009–OS–0011] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Assistant 

Secretary of Defense (Networks and 

Information Integration)/DoD Chief 

Information Officer. DoD. 

ACTION: Notice. 

In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Office of the 

Assistant Secretary of Defense 

(Networks and Information Integration)/ 

DoD Chief Information Officer 

announces a proposed new public 

information collection and seeks public 

comment on the provisions thereof. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by March 30, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name, docket 


rmajette on PRODPC74 with NOTICES