55430 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices 

Court of International Trade (CIT) 

ordered the Department to re–evaluate 

and re–examine its decision by 

providing evidentiary support for using 

partial adverse facts available unrelated 

to SKF’s alleged failure to offer evidence 

at verification or, in the alternative, to 

recalculate SKF’s margin using SKF’s 

own information. See SKF USA Inc., 

SKF France S.A., and Sarma v. United 

States, 391 F. Supp. 2d 1327, 1337 (CIT 

2005). In accordance with the CIT’s 

remand order in SKF, 391 F. Supp. 2d 

at 1337, the Department filed its 

redetermination on remand of the final 

results (remand results) on December 

21, 2005. On September 1, 2006, the CIT 

affirmed in part and struck in part the 

Department’s remand results. The 

stricken parts of the remand results do 

not affect the weighted–average margin 

the Department recalculated for SKF in 

the remand results. See SKF, slip op. 

06–133. 

Decision Not in Harmony 

The CIT ruled that the Department’s 

decision to use partial facts available 

with respect to SKF’s margin calculation 

was not supported by substantial 

evidence on the record. The changes to 

our calculations with respect to SKF 

resulted in a change in the weighted–

average margin for ball bearings and 

parts thereof from 6.70 percent to 6.19 

percent for the period of review. 

Accordingly, absent an appeal or, if 

appealed, upon a ‘‘conclusive’’ decision 

by the CIT, we will amend our final 

results of this review to reflect the 

recalculation of the margin for SKF. 

Suspension of Liquidation 

The United States Court of Appeals 

for Federal Circuit (CAFC) held that the 

Department must publish notice of a 

decision of the CIT or the CAFC which 

is not in harmony with the Department’s 

determination. See The Timken 

Company v. United States, 893 F.2d 

337, 341 (Fed. Cir. 1990). Publication of 

this notice fulfills that obligation. The 

CAFC also held that, in such a case, the 

Department must suspend liquidation 

until there is a ‘‘conclusive’’ decision in 

the action. Id. Therefore, the 

Department must suspend liquidation 

pending the expiration of the period to 

appeal the CIT’s September 1, 2006, 

decision or pending a final decision of 

the CAFC if that decision is appealed. 

Because entries of ball bearings and 

parts thereof from France produced by, 

exported to, or imported into the United 

States by SKF are currently being 

suspended pursuant to the court’s 

injunction order in effect, the 

Department does not need to order U.S. 

Customs and Border Protection to 

suspend liquidation of affected entries. 

The Department will not order the 

lifting of the suspension of liquidation 

on entries of ball bearings and parts 

thereof made during the review period 

before a court decision in this lawsuit 

becomes final and conclusive. 

We are issuing and publishing this 

notice in accordance with section 

516A(c)(1) of the Tariff Act of 1930, as 

amended. 

Dated: September 12, 2006. 

Barbara E. Tillman, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 06–8076 Filed 9–21–06; 8:45 am] 

BILLING CODE 3510–DR–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–875] 

Non–Malleable Cast Iron Pipe Fittings 

from the People’s Republic of China: 

Notice of Partial Rescission of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 31, 2006, the 

Department of Commerce (‘‘the 

Department’’) initiated the third 

administrative review of the 

antidumping duty order on non–

malleable cast iron pipe fittings from the 

People’s Republic of China (‘‘PRC’’) 

covering the period April 1, 2005, 

through March 31, 2006. See Initiation 

of Antidumping and Countervailing 

Duty Administrative Reviews and 

Request for Revocation in Part, 71 FR 

30864 (May 31, 2006) (‘‘Initiation 

Notice’’). On July 25, 2006, the review 

request was withdrawn with respect to 

two parties. Therefore, the Department 

is partially rescinding the 

administrative review of sales of non–

malleable cast iron pipe fittings with 

respect to the entities for whom the 

review requests have been withdrawn. 

EFFECTIVE DATE: September 22, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Hilary E. Sadler, Esq., AD/CVD 

Operations, Office 8, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Room 4416, Washington, 

DC 20230; telephone: (202) 482–4340. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 3, 2006, the Department 

published a notice of opportunity to 

request an administrative review of the 

antidumping duty order on non–

malleable cast iron pipe fittings from the 

PRC for the period April 1, 2005 

through March 31, 2006. See 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity to Request 

Administrative Review, 71 FR 16549 

(April 3, 2006). On April 21, 2006, 

Myland Industrial Co., Ltd. (‘‘Myland’’) 

and Buxin Myland (Foundry) Ltd. 

(‘‘Buxin’’) requested an administrative 

review of their sales to the United States 

during the period of review (‘‘POR’’) of 

merchandise produced by Buxin and 

exported by Myland. On April 28, 2006, 

Ward Manufacturing, Inc. (‘‘Ward’’), a 

domestic producer of non–malleable 

cast iron pipe fittings, requested an 

administrative review of the sales to the 

United States during the POR of 

merchandise produced and/or exported 

by Jinan Meide Corporation (‘‘JMC’’) 

and SFTEC. Pursuant to these requests, 

the Department initiated an 

administrative review of the 

antidumping duty order on non–

malleable cast iron pipe fittings from the 

PRC. See Initiation Notice. On July 25, 

2006, Ward timely withdrew its request 

for an administrative review of non–

malleable cast iron pipe fittings from the 

PRC regarding merchandise produced 

and/or exported by JMC and SFTEC. 

Partial Rescission of Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Department will rescind an 

administrative review, in whole or in 

part, if a party that requested a review 

withdraws the request within 90 days of 

the date of publication of the notice of 

initiation. In this case, Ward withdrew 

its request for an administrative review 

of JMC and SFTEC within 90 days from 

the date of initiation. No other 

interested party requested a review of 

JMC and SFTEC. Therefore, the 

Department is rescinding this review 

with respect to JMC and SFTEC, in 

accordance with 19 CFR 351.213(d)(1). 

The review will continue with respect 

to Myland and Buxin. 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (‘‘CBP’’) 

to assess antidumping duties on all 

appropriate entries for JMC and SFTEC. 

Antidumping duties shall be assessed at 

rates equal to the cash deposit of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). The Department will 

issue appropriate assessment 

instructions directly to CBP within 15 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices 55431 

days of publication of this notice in the 

Federal Register. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f) 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 assumption that 

reimbursement of antidumping duties 

occurred and subsequent assessment of 

double antidumping duties. 

Notification Regarding Administrative 

Protective Orders (‘‘APOs’’) 

This notice also serves as a reminder 

to parties subject to APOs of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under an APO in accordance 

with 19 CFR 351.305, 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. 

This notice is in accordance with 

section 777(i)(1) of the Tariff Act of 

1930, as amended, and 19 CFR 

351.213(d)(4) of the Department’s 

regulations. 

Dated: September 11, 2006. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 06–8075 Filed 9–21–06; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 091806C] 

Endangered Species; File No. 1591 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

NMFS Southwest Fisheries Science 

Center (Stephen Reilly, Responsible 

Official), 8604 La Jolla Shores Drive, La 

Jolla, CA 92038, has applied in due form 

for a permit to take green (Chelonia 

mydas), loggerhead (Caretta caretta), 

and olive ridley (Lepidochelys olivacea) 

sea turtles for purposes of scientific 

research. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

October 23, 2006. 

ADDRESSES: 

The application and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; and 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

Written comments or requests for a 

public hearing on this application 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular request would 

be appropriate. 

Comments may also be submitted by 

facsimile at (301)427–2521, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. 

Comments may also be submitted by 

e-mail. The mailbox address for 

providing e-mail comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 1591. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Opay or Amy Hapeman, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Endangered Species Act 

of 1973, as amended (ESA; 16 U.S.C. 

1531 et seq.) and the regulations 

governing the taking, importing, and 

exporting of endangered and threatened 

species (50 CFR 222-226). 

The purpose of this project would be 

to continue long-term monitoring of the 

status of sea turtles in San Diego Bay, 

California. Researchers would study the 

species present at this temperate 

foraging area to determine their 

abundance, size ranges, growth, sex 

ratio, health status, diving behavior, 

local movements, habitat use, and 

migration routes. Turtles would be 

captured using entanglement nets and 

each animal would be flipper and 

passive integrated transponder (PIT) 

tagged, measured, weighed, sexed, 

blood sampled, and tissue sampled. A 

subset of animals be lavaged and would 

have transmitters attached to their 

carapace. A primary goal of the research 

would be to integrate data from genetic 

analysis, flipper tagging, and satellite 

telemetry to identify nesting beach 

origins of turtles occurring in San Diego 

Bay and contribute to the overall 

understanding of sea turtle stock 

structure in the Pacific Ocean. 

Researchers would compare current 

data with those collected in San Diego 

Bay since 1989 to determine growth 

rates of juveniles and adults, determine 

tag retention rates, and examine 

population abundance trends. Genetic 

studies based on blood and tissue 

samples are part of an international 

collaboration to define stock structure of 

sea turtles in the Pacific. Up to 50 green, 

5 loggerhead, and 5 olive ridley sea 

turtles would be taken annually. The 

permit would be issued for 5 years. 

Dated: September 18, 2006. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 06–8079 Filed 9–21–06; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 082106B] 

Endangered and Threatened Species: 

Notice of Availability of the Status 

Review for Atlantic Salmon in the 

United States 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of Availability of the 

Status Review of Atlantic Salmon. 

SUMMARY: A Biological Review Team 

(BRT) consisting of biologists from the 

Maine Atlantic Salmon Commission, 

Penobscot Indian Nation, NMFS, and 

U.S. Fish and Wildlife Service (FWS) 

have completed a Status Review of 

Atlantic salmon (Status Review for 

Anadromous Atlantic Salmon (Salmo 

salar)) in the United States. 

ADDRESSES: Requests for a copy of the 

Status Review should be addressed to 

Marcia Hobbs, NMFS, Northeast 

Regional Office, Protected Resources 

Division, One Blackburn Drive 

Gloucester, MA 01930. A copy of the 

Status Review can also be downloaded 

from the following web address: http:// 


sroberts on PROD1PC70 with NOTICES