47922 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 

2See Message number 9170203, available at 

http://addcvd.cbp.gov. 

3See, e.g., Certain Welded Carbon Steel Pipe and 

Tube from Turkey: Notice of Rescission, in Part, of 

Antidumping Duty Administrative Review, 74 FR 

7394 (February 17, 2009). 

1The public version of the verification reports 

and all public documents for this investigation are 

on file in the Central Records Unit, room 1117 in 

the main building of the Commerce Department. 

2The GOA submitted a case brief on August 25, 

2009; however, the case brief was rejected because 

it contained untimely new factual information. See 

Letter to Roberto Salafia, Minister, Economic and 

Commercial Section, Embassy of Argentina from 

Melissa G. Skinner, Director, Operations Office 3, 

regarding Rejection of Case Brief with Untimely 

Filed Information (August 26, 2009), which stated 

that the GOA could resubmit the case brief by 

August 28, 2009 provided the untimely information 

was removed. 

3The petitioner submitted a case brief on August 

20, 2009; however, the case brief was rejected 

because it contained an untimely new subsidy 

allegation and untimely new factual information. 

See Letter to Geoffrey Korff of the Korff Law Firm 

from Melissa G. Skinner, Director, Operations 

Office 3 (August 25, 2009), which stated that 

petitioner could resubmit the case brief, provided 

the untimely information was removed. On 

September 1, 2009, the Department granted to the 

petitioner an extension of time to resubmit the case 

brief. See Letter to Geoffrey Korff of the Korff Law 

Firm from Melissa G. Skinner, Director, Operations 

Office 3 (September 1, 2009). 

received no comments from any other 

party on Yucel’s no–shipment claim. 

We conducted an internal customs 

data query on June 16, 2009. We also 

issued a ‘‘no shipments inquiry’’ 

message to U.S. Customs and Border 

Protection (CBP), which posted the 

message on June 19, 2009.2 The customs 

data query indicated that Yucel had no 

sales, shipments, or entries of subject 

merchandise to the United States during 

the POR. We did not receive any 

information from CBP contrary to 

Yucel’s claim of no sales, shipments, or 

entries of subject merchandise to the 

United States during the POR. See 

Memorandum to the File through 

Melissa Skinner, Director, AD/CVD 

Operations, Office 3, titled ‘‘Customs 

Data Query,’’ (July 7, 2009). 

Based on our analysis of the shipment 

data, we determine that Yucel did not 

ship subject merchandise to the United 

States during the POR. Therefore, in 

accordance with 19 CFR 351.213(d)(3), 

and consistent with our practice,3 we 

are rescinding the review for Yucel. We 

will continue this administrative review 

with respect to the Borusan Group, 

Borusan Mannesmann Boru Sanayi ve 

Ticaret A.S., Borusan Istikbal Ticaret 

T.A.S., Tosyali dis Ticaret A.S., and 

Toscelik Profil ve Sac Endustrisi A.S. 

We are issuing and publishing these 

results and notice in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Tariff Act of 1930, as amended, and 19 

CFR 351.213(d)(4). 

Dated: September 14, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–22498 Filed 9–17–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–357–819] 

Ni–Resist Piston Inserts from 

Argentina: Final Affirmative 

Countervailing Duty Determination 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) determines that 

countervailable subsidies are being 

provided to a producer and exporter of 

Ni–resist piston inserts from Argentina. 

For information on the estimated 

subsidy rate, see the ‘‘Suspension of 

Liquidation’’ section of this notice. 

EFFECTIVE DATE: September 18, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Johnson, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, Room 

4014, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–4793. 

SUPPLEMENTARY INFORMATION: 

Background 

This investigation covers 22 

programs. Clorindo Appo SRL 

(Clorindo) is the only producer/exporter 

of subject merchandise from Argentina 

under investigation. The petitioner is 

Korff Holdings, LLC d/b/a Quaker City 

Castings. 

Period of Investigation 

The period of investigation (the POI) 

for which we are measuring subsidies is 

January 1, 2008, through December 31, 

2008, which corresponds to Argentina’s 

most recently completed fiscal year. See 

19 CFR 351.204(b)(2). 

Case History 

The following events have occurred 

since the preliminary determination 

notice was published in the Federal 

Register on July 6, 2009. See Ni–Resist 

Piston Inserts From Argentina: 

Preliminary Affirmative Countervailing 

Duty Determination, 74 FR 31914 (July 

6, 2009) (Preliminary Determination). 

From July 23 through July 29, 2009, 

we conducted verification of the 

questionnaire responses submitted by 

the Government of Argentina (GOA), 

including the provincial government of 

Santa Fe, and Clorindo. We issued the 

verification reports on August 13, 2009.1

On August 25 and 27, 2009, we 

received a case brief from Clorindo and 

the GOA, respectively.2 On August 31, 

2009, we received a rebuttal brief from 

Clorindo. On September 2, 2009, we 

received a case brief from the 

petitioner.3 On September 9, 2009, we 

received from the GOA a rebuttal brief 

to the petitioner’s case brief. We did not 

hold a hearing in this investigation, as 

one was not requested. 

Scope of Investigation 

The scope of this investigation 

includes all Ni–resist piston inserts 

regardless of size, thickness, weight, or 

outside diameter. Ni–resist piston 

inserts may also be called other names 

including, but not limited to, ‘‘Ring 

Carriers,’’ or ‘‘Alfin Inserts.’’ Ni–resist 

piston inserts are alloyed cast iron rings, 

with or without a sheet metal cooling 

channel pressed and welded into the 

interior of the insert. Ni–resist piston 

inserts are composed of the material 

known as Ni–resist, of the chemical 

composition: 13.5% - 17.5% Ni (nickel), 

5.5% - 8.0% Cu (copper), 0.8% - 2.5% 

Cr (chromium), 0.5% - 1.5% Mn 

(manganese), 1.0% - 3.0% Si (silicon), 

2.4% - 3.0% C (carbon). The cast iron 

composition is produced primarily to 

the material specifications of the 

American Society for Testing and 

Materials (ASTM), ASTM A–436 grade 

1. 

The scope of this investigation does 

not include piston rings nor any other 

product manufactured using the Ni– 

resist material. The subject imports are 

properly classified under subheading 

8409.99.91.90 of the Harmonized Tariff 

Schedule of the United States (HTSUS), 

but have been imported under HTSUS 

7326.90. The HTSUS subheadings are 

provided for convenience and customs 

purposes. The written description is 

dispositive of the scope of this 

investigation. 

Injury Test 

Because Argentina is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, the 

International Trade Commission (the 

ITC) is required to determine whether 

imports of the subject merchandise from 

Argentina materially injure, or threaten 

material injury to, a U.S. industry. On 

March 25, 2009, the ITC published its 

preliminary determination finding that 

there is a reasonable indication that an 

industry in the United States is 


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Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47923 

materially injured by reason of imports 

from Argentina of the subject 

merchandise. See Ni–Resist Piston 

Inserts from Argentina and Korea; 

Determinations, Investigation Nos. 701– 

TA–460–461 (Preliminary), 74 FR 12898 

(March 25, 2009). 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

investigation are addressed in the 

Decision Memorandum dated 

concurrently with, and which is hereby 

adopted by this notice. Attached to this 

notice as an Appendix is a list of the 

issues that parties raised and to which 

we have responded in the Decision 

Memorandum. Parties can find a 

complete discussion of all issues raised 

in this investigation and the 

corresponding recommendations in this 

public memorandum, which is on file in 

the Department’s Central Records Unit. 

In addition, a complete version of the 

Decision Memorandum can be accessed 

directly on the Internet at http:// 

ia.ita.doc.gov/frn/. The paper copy and 

electronic version of the Decision 

Memorandum are identical in content. 

Suspension of Liquidation 

In accordance with section 

705(c)(1)(B)(i)(I) of the Tariff Act of 

1930, as amended (the Act), we have 

calculated an individual rate for 

Clorindo, the only company under 

investigation. We determine that the 

total estimated net countervailable 

subsidy rate is 6.81 percent ad valorem. 

The All Others rate is 6.81 percent ad 

valorem, which is the rate calculated for 

Clorindo. 

As a result of the Preliminary 

Determination and pursuant to section 

703(d) of the Act, we instructed the U.S. 

Customs and Border Protection to 

suspend liquidation of all entries of Ni– 

resist piston inserts from Argentina 

which were entered or withdrawn from 

warehouse, for consumption on or after 

July 6, 2009, the date of the publication 

of the Preliminary Determination in the 

Federal Register. 

We will issue a countervailing duty 

order under section 706(a) of the Act if 

the ITC issues a final affirmative injury 

determination, and will require a cash 

deposit of estimated countervailing 

duties for such entries of merchandise 

in the amounts indicated above. If the 

ITC determines that material injury, or 

threat of material injury, does not exist, 

this proceeding will be terminated and 

all estimated duties deposited or 

securities posted as a result of the 

suspension of liquidation will be 

refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 

determination. In addition, we are 

making available to the ITC all non– 

privileged and non–proprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(APO), without the written consent of 

the Assistant Secretary for Import 

Administration. 

Return or Destruction of Proprietary 

Information 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

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

This determination is published 

pursuant to sections 705(d) and 777(i) of 

the Act. 

Dated: September 14, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix Issues and Decision 

Memorandum 

List of Comments and Issues in the 

Decision Memorandum 

Comment 1: Tax Relief under the 

Reintegro 

Comment 2:Stamp Tax Exemption 

Comment 4:Procedural Guarantees 

Provided in the WTO SCM Agreement 

Comment 5:More Expansive POI 

[FR Doc. E9–22493 Filed 9–17–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR69 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The New England Fishery 

Management Council’s (Council) 

Herring Oversight Committee along with 

the Atlantic States Marine Fisheries 

Commission’s Herring Section will meet 

to consider actions affecting New 

England fisheries in the exclusive 

economic zone (EEZ). 

DATES: The meeting will be held on 

Tuesday, October 6, 2009 at 9:30 a.m. 

ADDRESSES: The meeting will be held at 

the Eastland Park Hotel, 157 High 

Street, Portland, ME 04101; telephone: 

(207) 775–5411; fax: (207) 775–1066. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The items 

of discussion in the committee’s agenda 

are as follows: 

1. Review/discuss Scientific and 

Statistical Committee (SSC) 

recommendations for acceptable 

biological catch (ABC) and ABC control 

rule; 

2. Discuss herring fishery 

specifications for 2010–12 fishing years 

and develop preliminary 

recommendations for domestic annual 

harvesting (DAH), domestic annual 

processing (DAP), joint venture 

processing (JVP), border transfer (BT), 

total allowable level of foreign fishing 

(TALFF), optimum yield (OY), and 

other related specifications; 

3. Discuss/address management 

uncertainty and develop related 

recommendations; develop options for 

2010–12 annual catch limits (ACLs) for 

herring management areas to be 

analyzed in the specifications package; 

4. Address other issues related to 

2010–12 herring fishery specifications. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the 

emergency.Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 


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