Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 14081 

circumstances indicate that the selected 

margin is not appropriate as AFA, the 

Department will disregard the margin 

and determine an appropriate margin. 

See Fresh Cut Flowers from Mexico: 

Final Results of Antidumping 

Administrative Review, 61 FR 6812 

(February 22, 1996) (where the 

Department disregarded the highest 

margin in that case as adverse best 

information available (the predecessor 

to facts available) because the margin 

was based on another company’s 

uncharacteristic business expense 

resulting in an unusually high margin). 

Similarly, the Department does not 

apply a margin that has been 

discredited. See D&L Supply Co. v. 

United States, 113 F.3d 1220, 1221 (Fed. 

Cir. 1997) (ruling that the Department 

will not use a margin that has been 

judicially invalidated). To assess the 

relevancy of the rate used, the 

Department has no record evidence to 

call into question Premier’s margins. 

Further, in our recently completed final 

results for the 2003–2004 review of 

TRB’s, we also applied the 60.95 

percent rate to the PRC–wide entity as 

AFA. See Tapered Roller Bearings and 

Parts Thereof, Finished and Unfinished 

from the PRC: Amended Final Results of 

Administrative Review, 71 FR 9521 

(February 24, 2006). Therefore, we 

determine that the rate from the 1993–

1994 review continues to be relevant for 

use in this administrative review. 

As the 1993–1994 margin is both 

reliable and relevant, we determine that 

it has probative value. Accordingly, we 

determine that the highest rate from any 

segment of this administrative 

proceeding, 60.95 percent, meets the 

corroboration criteria established in 

section 776(c) that secondary 

information have probative value. As a 

result, the Department determines that 

the 1993–1994 margin is corroborated 

for the purposes of this administrative 

review and may reasonably be applied 

to the PRC–wide entity as AFA. 

Because these are preliminary results 

of review, the Department will consider 

all margins on the record at the time of 

the final results of review for the 

purpose of determining the most 

appropriate final margin for the PRC–

wide entity. See Preliminary 

Determination of Sales at Less Than 

Fair Value: Solid Fertilizer Grade 

Ammonium Nitrate From the Russian 

Federation, 65 FR 1139 (January 7, 

2000). 

Preliminary Results of Review 

We preliminarily determine that the 

following weighted–average dumping 

margins exist for the period June 1, 

2005, through May 31, 2006: 

TRBS FROM THE PRC 

Producer/Exporter Weighted–Average 

Margin (Percent) 

PRC–Wide Entity* ........ 60.95 

* Including CPZ and Yantai. 

Disclosure 

The Department will disclose 

calculations performed for these 

preliminary results to the parties within 

five days of the date of publication of 

this notice in accordance with 19 CFR 

351.224(b). Any interested party may 

request a hearing within 30 days of 

publication of these preliminary results. 

See 19 CFR 351.310(c). Any hearing, if 

requested, will be held 37 days after the 

date of publication of this notice. See 19 

CFR 351.310(d). Interested parties may 

submit case briefs and/or written 

comments no later than 30 days after the 

date of publication of these preliminary 

results of review. See 19 CFR 

351.309(c)(ii). Rebuttal briefs and 

rebuttals to written comments, limited 

to issues raised in such briefs or 

comments, may be filed no later than 35 

days after the date of publication. See 19 

CFR 351.309(d). The Department 

requests that parties submitting written 

comments also provide the Department 

with an additional copy of those 

comments on diskette. The Department 

will issue the final results of this 

administrative review, which will 

include the results of its analysis of 

issues raised in any such comments, 

within 120 days of publication of these 

preliminary results, pursuant to section 

751(a)(3)(A) of the Act. 

Assessment Rates 

Upon issuance of the final results, the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after the date of publication of the final 

results of this administrative review. In 

this review, if these preliminary results 

are adopted in our final results of 

review, we will direct CBP to assess the 

resulting rate against the entered 

customs value for the subject 

merchandise on each importer’s/ 

customer’s entries during the POR. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for shipments of 

subject merchandise from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by 

sections 751(a)(1)( C ) and (a)(2)( C ) of 

the Act: (1) for CPZ and Yantai, the cash 

deposit rate will be that established in 

the final results of this review; (2) for 

previously investigated or reviewed PRC 

and non–PRC exporters not listed above 

that have separate rates, the cash 

deposit rate will continue to be the 

exporter–specific rate published for the 

most recent period; (3) for all PRC 

exporters of subject merchandise that 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC–wide rate of 60.95 percent; 

and (4) for all non–PRC exporters of 

subject merchandise which have not 

received their own rate, the cash deposit 

rate will be the rate applicable to the 

PRC exporters that supplied that non–

PRC exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a 

preliminary 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 presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

The Department is issuing and 

publishing these preliminary results of 

administrative review in accordance 

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

Act, and 19 CFR 351.221(b) and 

351.214(h). 

Dated: March 1, 2007. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E7–5500 Filed 3–23–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Export Trade Certificate of Review 

ACTION: Notice of Issuance of an Export 

Trade Certificate of Review, Application 

No. 06–00003. 

SUMMARY: On March 16, 2007, the U.S. 

Department of Commerce issued an 

Export Trade Certificate of Review to 

the American Sugar Alliance (‘‘ASA’’). 

This notice summarizes the conduct for 

which certification has been granted. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Anspacher, Director, Export 


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14082 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 

Trading Company Affairs, International 

Trade Administration, by telephone at 

(202) 482–5131 (this is not a toll-free 

number), or by E-mail at 

oetca@ita.doc.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. 4001–21) authorizes the 

Secretary of Commerce to issue Export 

Trade Certificates of Review. The 

regulations implementing Title III are 

found at 15 CFR part 325 (2005). 

Export Trading Company Affairs 

(‘‘ETCA’’) is issuing this notice pursuant 

to 15 CFR 325.6(b), which requires the 

U.S. Department of Commerce to 

publish a summary of the certification 

in the Federal Register. Under Section 

305(a) of the Act and 15 CFR 325.11(a), 

any person aggrieved by the Secretary’s 

determination may, within 30 days of 

the date of this notice, bring an action 

in any appropriate district court of the 

United States to set aside the 

determination on the ground that the 

determination is erroneous. 

Description of Certified Conduct 

Export Trade 

Sugar and syrups of U.S. origin, as 

defined in Chapter Four (Rules of 

Origin) of the North American Free 

Trade Agreement, (‘‘U.S.-origin sugar’’) 

in any of the following categories: 

H.S. Code Description 

1701.11.01 ......... Sugar, with a dry sucrose content that has polarization of 99.4 but not exceeding 99.5 degrees. 

1701.11.02 ......... Sugar, with a dry sucrose content that has polarization of 96 but not exceeding 99.4 degrees. 

1701.11.03 ......... Sugar, with a dry sucrose content that has polarization of 96 degrees. 

1701.12.01 ......... Sugar, with a dry sucrose content that has polarization of 99.4 but not exceeding 99.5 degrees. 

1701.12.02 ......... Sugar, with a dry sucrose content that has polarization of 96 but not exceeding 99.4 degrees. 

1701.12.03 ......... Sugar, with a dry sucrose content that has polarization of 96 degrees. 

1701.91.01 ......... Containing added flavoring or coloring matter. 

1701.99.01 ......... Sugar, with a dry sucrose content that has polarization of 99.5 but not exceeding 99.7 degrees. 

1701.99.02 ......... Sugar, with a dry sucrose content that has polarization of 99.7 but not exceeding 99.9 degrees. 

1701.99.99 ......... Others. 

1701.90.01 ......... Refined liquid sugar and inverted sugar. 

1806.10.01 ......... With a sugar content weighting not less than 90%. 

2106.90.05 ......... Flavored syrups or with added coloring matters (except syrups which have a sugar content less than 90%). 

Export Markets 

Mexico. 

Export Trade Activities and Methods of 

Operation 

Purpose 

The ASA will allocate Certificates of 

Prior Approval (‘‘CPAs’’) through which 

Mexico will permit duty-free entry of 

U.S.-origin sugar into Mexico under the 

tariff-rate quota (‘‘TRQ’’) for U.S.-origin 

sugar through December 31, 2007, as set 

forth below. 

The ASA will allocate CPAs to any 

sugar beet processor or cane sugar 

refiner in the United States that is listed 

as a Producer below. 

CPA Administration 

The ASA will allocate all CPAs at one 

time. In the event that any CPAs are 

returned to ASA for any reason, ASA 

will reallocate those CPAs among 

interested Producers. The allocation, 

and any reallocations, will be completed 

before December 16, 2007. 

Certificate System 

Under the procedures for the TRQ 

published on October 16, 2006 in the 

Mexican Diario Oficial, an importer in 

Mexico must file by December 15, 2007 

with the Mexican Government a CPA 

issued by ASA to obtain a license to 

allow U.S.-origin sugar to enter into 

Mexico free of duty under the TRQ. The 

ASA will allocate CPAs among all 

Producers who express an interest in 

obtaining the CPAs based on each 

Producer’s share of total U.S. sugar 

refining capacity in 2006, as reported to 

ASA. The ASA shall issue CPAs to such 

Producers. 

CPAs issued by ASA shall be freely 

transferable by Producers. Transfers of 

CPAs after they are issued by ASA will 

be subject to the normal application of 

the antitrust laws. 

Information Collection and Exchange 

ASA may ask Producers individually 

for their production capacity figures for 

2006 for the purposes of allocating the 

CPAs. Producers may supply that 

information to ASA, and ASA may 

allocate CPAs to Producers based on 

this information. 

If production capacity information is 

collected by ASA, it will be collected 

and collated, and the allocations of 

CPAs will be made, by an employee or 

employees of ASA who are not 

employed by any member of the ASA 

Executive Committee or any Producer. 

As of the effective date of the Certificate, 

such employee or employees shall be 

the only persons who will have access 

to the collected production capacity 

information. 

Any exchange of Producers’

production capacity information or CPA 

allocation with other Producers, by 

Producers, ASA, any ASA member, or 

any other person is activity that is not 

protected under this Certificate. 

Cooperation With the U.S. and Mexican 

Governments 

The ASA will consult with the U.S. 

Government and the Government of 

Mexico when necessary and provide to 

them whatever information may be 

useful in order to facilitate cooperation 

between the governments concerning 

the implementation and operation of the 

CPA System. Furthermore, directly or 

through the U.S. Government, the ASA 

will endeavor to accommodate any 

information requests from the 

Government of Mexico (while protecting 

confidential information entrusted to 

the ASA), and will consult with the 

Government of Mexico as appropriate. 

All such information and consultations 

shall be subject to the provision on 

Confidential Information (above) and 

the Terms and Conditions (below). 

Members (Within the Meaning of 

Section 325.(1) of the Regulations) 

Members (in addition to ASA): 

ASA Executive Committee (American 

Sugarbeet Growers Association, 

American Sugar Cane League, Florida 

Sugar Cane League, Inc., Gay & 

Robinson, Inc., Hawaiian Commercial & 

Sugar Co., Rio Grande Valley Sugar 

Growers Inc., Sugar Cane Growers 

Cooperative of Florida, U.S. Beet Sugar 

Association), and 

Producers (Amalgamated Sugar 

Company LLC, American Sugar Refining 

Inc., American Crystal Sugar Company 

and Sidney Sugars (a subsidiary of 

American Crystal Sugar Co.), Florida 


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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 14083 

Crystals Corporation, Hawaiian 

Commercial & Sugar Company, Imperial 

Sugar Company, Michigan Sugar 

Company, Minn-Dak Farmers 

Cooperative, Southern Minnesota Beet 

Sugar Cooperative and Spreckels Sugar 

Company (a subsidiary of Southern 

Minnesota Beet Sugar Cooperative), U.S. 

Sugar Corporation, Western Sugar 

Cooperative and Wyoming Sugar 

Company LLC). 

Protection Provided by Certificate of 

Review 

This Certificate protects the ASA, its 

Executive Committee, the Producers and 

the directors, officers, employees and 

representatives acting on behalf of the 

ASA, the ASA Executive Committee and 

the Producers from private treble 

damage actions and government 

criminal and civil suits under U.S. 

federal and state antitrust laws for the 

export conduct specified in the 

Certificate of Review and carried out 

during its effective period in 

compliance with its terms and 

conditions. 

Terms and Conditions of Certificate 

1. In engaging in Export Trade 

Activities and Methods of Operation, 

neither ASA, the ASA Executive 

Committee, any Producer nor any 

neutral third-party shall intentionally 

disclose, directly or indirectly, to any 

Member (including parent companies, 

subsidiaries, or other entities related to 

any Member) any information regarding 

any other Member’s costs, production, 

inventories, domestic prices, domestic 

sales, domestic customers, domestic 

production capacity, domestic orders, 

terms of domestic marketing or sale, or 

U.S. business plans, strategies, or 

methods, unless such information is 

already generally available to the trade 

or public. 

2. If ASA determines that the 

collection or disclosure of any nonpublic, company-specific information is 

necessary for the allocation of CPAs to 

Producers, ASA must seek an 

amendment of this Certificate to add 

such export conduct to this Certificate. 

3. ASA, the ASA Executive 

Committee and the Producers will 

comply with requests made by the 

Secretary of Commerce on behalf of the 

Secretary or the Attorney General for 

information or documents relevant to 

conduct under the Certificate. The 

Secretary of Commerce will request 

such information or documents when 

either the Attorney General or the 

Secretary of Commerce believes that the 

information or documents are required 

to determine that the Export Trade, 

Export Trade Activities and Methods of 

Operation of a person protected by this 

Certificate continue to comply with the 

standards of section 303(a) of the Act. 

Effective Period of Certificate 

This Certificate continues in effect 

from the effective date indicated below 

until it is relinquished, modified, or 

revoked, as provided in the Act and the 

Regulations. 

Other Conduct 

Nothing in this Certificate prohibits 

the ASA, the ASA Executive Committee 

and the Producers from engaging in 

conduct not specified in this Certificate, 

but such conduct is subject to the 

normal application of the antitrust laws. 

Disclaimer 

The issuance of this Certificate of 

Review to ASA by the Secretary of 

Commerce with the concurrence of the 

Attorney General under the provisions 

of the Act does not constitute, explicitly 

or implicitly, an endorsement or 

opinion by the Secretary of Commerce 

or by the Attorney General concerning 

either (a) the viability or quality of the 

business plans of ASA, the ASA 

Executive Committee or the Producers 

or (b) the legality of such business plans 

of ASA, the ASA Executive Committee 

or the Producers under the laws of the 

United States (other than as provided in 

the Act) or under the laws of any foreign 

country. 

The application of this Certificate to 

conduct in export trade where the 

United States Government is the buyer 

or where the United States Government 

bears more than half the cost of the 

transaction is subject to the limitations 

set forth in Section V.(D.) of the 

‘‘Guidelines for the Issuance of Export 

Trade Certificates of Review (Second 

Edition),’’ 50 FR 1786 (January 11, 

1985). 

In accordance with the authority 

granted under the Act and the 

Regulations, this Certificate of Review is 

hereby issued to the American Sugar 

Alliance. 

The effective date of the Certificate is 

March 16, 2007. A copy of the 

Certificate will be kept in the 

International Trade Administration’s 

Freedom of Information Records 

Inspection Facility, Room 4100, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230. 

Dated: March 20, 2007. 

Jeffrey C. Anspacher, 

Director, Export Trading Company Affairs. 

[FR Doc. E7–5498 Filed 3–23–07; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Textile and Apparel Products from 

Vietnam: Import Monitoring Program; 

Public Hearing 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Public Hearing – Import 

Monitoring of Textile and Apparel 

Products from Vietnam. 

SUMMARY: As stated in its January 23, 

2007 Federal Register notice requesting 

public comment (72 FR 2860), the 

Department of Commerce (the 

Department) will hold a public hearing 

on its import monitoring program 

covering textile and apparel products 

from Vietnam. The hearing will be held 

on April 24, 2007 in Washington, D.C. 

Further details regarding the location, 

time and requirements for speaking at 

the hearing are provided below. 

DATES: The hearing will be held on 

April 24, 2007 starting at 9 AM in the 

auditorium at the Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington DC. 

Participation: 

The hearing is open to the public. 

There are no prerequisites or conditions 

on participating at the hearing. All are 

welcome to speak at the hearing subject 

to the guidelines outlined in this notice. 

If you plan to attend the hearing, please 

notify the Department by no later than 

April 9, 2007, and if you wish to speak 

at the hearing, please indicate that as 

well. This can be done in writing or 

electronically at vietnam–texapphearing@mail.doc.gov. 

There are no constraints on subject 

matter relating to the Department’s 

Vietnam textile and apparel import 

monitoring program; however, speakers 

should be aware that these hearings will 

be open to the public and may be 

videotaped for later viewing on the 

Vietnam textile and apparel import 

monitoring website; there will be no 

provisions for handling or protecting 

business proprietary information. In 

preparing their comments, parties may 

wish to review the Department’s 

December 4, 2006, and January 23, 2007, 

Federal Register notices requesting 

public comment on the monitoring 

program and the comments received. 

This information and the monitored 

Vietnamese textile and apparel import 

data is available on the Vietnam textile 

and apparel import monitoring website 

at the following address: http:// 


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