18206 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 

Decision Memorandum’’ (Decision 

Memorandum) from Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration, to David M. Spooner, 

Assistant Secretary for Import 

Administration, dated April 6, 2007, 

which is hereby adopted by this notice. 

A list of the issues which the parties 

have raised and to which we have 

responded is attached to this notice as 

an appendix. Parties can find a 

complete discussion of all issues raised 

in this review and corresponding 

recommendations in this public 

memorandum which is on file in Import 

Administration’s Central Records Unit, 

Room B–099 of the main Department 

building. In addition, a complete 

version of the Decision Memorandum is 

available on the Internet at http://ia 

ita.doc.gov/frn/index.html. The paper 

copy and electronic version of the 

Decision Memorandum are identical in 

content. 

Changes Since the Preliminary Results 

Based on our analysis of comments 

received, we have made a 

methodological change to our 

calculations as reflected in our 

Preliminary Results (see Comment 2 of 

the Decision Memorandum). 

Final Results of Review 

As a result of our review, we 

determine that the following weighted–

average percentage margin exists for the 

period November 1, 2004, through 

October 31, 2005: 

Manufacturer/exporter Margin (percent) 

Mittal Steel Galati S.A. 0.00 

Assessment Rate 

The Department will determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries. We intend to 

issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of these final results of 

review. In accordance with 19 CFR 

351.212(b)(1), we have calculated an 

importer–specific assessment rate. We 

will direct CBP to liquidate the 

appropriate entries at this rate. See 19 

CFR 351.212(b)(1). 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003 (68 FR 23954). This 

clarification will apply to entries of 

subject merchandise during the period 

of review produced by the company 

included in these final results of review 

for which the reviewed company did 

not know its merchandise was destined 

for the United States. In such instances, 

we will instruct CBP to liquidate 

unreviewed entries at the all–others rate 

if there is no rate for the intermediate 

company(ies) involved in the 

transaction. For a full discussion of this 

clarification, see Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

Cash–Deposit Requirements 

The following deposit requirements 

will be effective for all shipments of the 

subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of these final results of 

administrative review, as provided by 

section 751(a) of the Tariff Act of 1930, 

as amended (the Act): (1) the cash–

deposit rate for MS Galati will be 0.00 

percent; (2) for merchandise exported by 

manufacturers or exporters not covered 

in this review but covered in a previous 

segment of this proceeding, the cash–

deposit rate will continue to be the 

company–specific rate published in the 

prior segment of the proceeding in 

which that manufacturer or exporter 

participated; (3) if the exporter is not a 

firm covered in this review or in any 

previous segment of this proceeding but 

the manufacturer is, the cash–deposit 

rate will be that established for the 

manufacturer of the merchandise in 

these final results of review or in the 

most recent segment of the proceeding 

in which that manufacturer 

participated; and (4) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash–

deposit rate will be the ‘‘All Others’’

rate made effective on June 14, 2005, 

which is 17.84 percent. See Certain Hot–

Rolled Carbon Steel Flat Products From 

Romania: Final Results of Antidumping 

Duty Administrative Review, 70 FR 

34448, 34450 (June 14, 2005). These 

deposit requirements shall remain in 

effect until further notice. 

Notification 

This notice also serves as the 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 

presumption that reimbursement of 

antidumping duties occurred and in the 

subsequent assessment of double 

antidumping duties. 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

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

Failure to comply is a violation of the 

APO. 

These final results of review are 

issued and published in accordance 

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

the Act. 

Dated: April 4, 2007. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix 

Comment 1: Date of Sale 

Comment 2: Sales and Cost Data from 

Different Periods 

Comment 3: Calculation of Credit 

Expense 

Comment 4: Offsetting of Negative 

Margins 

[FR Doc. E7–6862 Filed 4–10–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–580–825) 

Oil Country Tubular Goods, Other 

Than Drill Pipe, from Korea: Amended 

Final Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: April 11, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Scott Lindsay or Dara Iserson, 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 or (202) 482–

4052. 

SUPPLEMENTARY INFORMATION: 

Amendment to Final Results of Review 

In accordance with section 735(a) of 

the Tariff Act of 1930, as amended, (the 

Act), on March 6, 2007, the Department 

of Commerce (the Department) 

published its notice of final results of 

the administrative review of the 

antidumping duty order on oil country 

tubular goods (‘‘OCTG’’), other than 

drill pipe, from Korea for the period 

(‘‘POR’’) August 1, 2004 through July 31, 

2005. See Oil Country Tubular Goods, 

Other Than Drill Pipe, from Korea: Final 

Results of Antidumping Duty 

Administrative Review, 72 FR 9224 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 18207 

(March 6, 2007) and accompanying 

Issues and Decision Memorandum, 

dated February 27, 2007 (Final Results). 

On March 5, 2007, we extended the 

deadline to submit ministerial error 

allegations for SeAH Steel Corporation 

(SeAH) and United States Steel 

Corporation (Petitioner) to March 6, 

2007. See Letter to Kaye Scholer, LLP 

from Thomas Gilgunn, Program 

Manager, Office of AD/CVD Operations 

VI, Import Administration, dated March 

5, 2007; see also Letter to Skadden, 

Arps, Slate, Meagher & Flom, LLP from 

Thomas Gilgunn, Program Manager, 

Office of AD/CVD Operations VI, Import 

Administration, dated March 5, 2007. 

On March 6, 2007, SeAH and Petitioner 

filed timely allegations that the 

Department made ministerial errors in 

the Final Results. On March 12, 2007, 

Petitioner filed a timely response to the 

ministerial error allegations submitted 

by SeAH. 

After analyzing parties’ comments, we 

have determined, in accordance with 19 

CFR 351.224(e), that we made the 

following ministerial errors in our 

calculations performed for the final 

results of review: (1) we incorrectly 

merged and matched SeAH’s further 

manufacturing cost file with its U.S. 

sales database; (2) we incorrectly 

double–counted the general and 

administrative expenses incurred by 

SeAH’s affiliate, Pusan Pipe America, 

Inc., in connection to the further 

manufacturing performed in the United 

States; (3) when conducting the cost 

test, we incorrectly compared the 

comparison market net price 

(CMNPRICOP) (inclusive of comparison 

market indirect selling expenses), to the 

average cost of production, (which 

excludes indirect selling expenses); and 

4) we assigned incorrect values to U.S. 

inland freight from port to warehouse 

(INLFPWU) on SeAH’s U.S. sales that 

were both further manufactured and 

sent directly from Korea to unaffiliated 

customers in the United States. 

For a detailed discussion of the 

ministerial errors listed above, as well 

as the Department’s analysis, see 

Memorandum from Scott Lindsay, 

Senior Analyst, AD/CVD Operations, 

Office 6, to Thomas Gilgunn, Program 

Manager, AD/CVD Operations, Office 6, 

concerning Oil Country Tubular Goods, 

Other Than Drill Pipe, from Korea: 

Analysis of Ministerial Error Allegations 

for SeAH Steel Corporation, dated April 

5, 2007, a public version of which is on 

file in the Central Records Unit, Room 

B–099 of the main Commerce Building. 

Therefore, in accordance with 19 CFR 

351.224(e), we are amending the final 

results of administrative review of 

OCTG from Korea for the period August 

1, 2004 through July 31, 2005. As a 

result of correcting the ministerial errors 

discussed above, SeAH’s weighted–

average dumping margin changed from 

4.73 percent to 0.77 percent. For the 

remaining respondents, the weighted–

average dumping margin remains the 

same. See Final Results. 

Continuation of Suspension of 

Liquidation 

The Department shall determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries. In accordance 

with 19 CFR 351.212(b)(1), we have 

calculated importer–specific assessment 

rates by dividing the dumping margin 

found on the subject merchandise 

examined by the entered value of such 

merchandise. Where the importer–

specific assessment rate is above de 

minimis, we will instruct CBP to assess 

antidumping duties on that importer’s 

entries of subject merchandise. The 

Department intends to issue assessment 

instructions to CBP 15 days after the 

date of publication of these final results 

of review. 

Furthermore, the following deposit 

requirements will be effective upon 

publication of these amended final 

results of the administrative review for 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of these amended final 

results of administrative review, as 

provided by section 751(a) of the Act: 

(1) for subject merchandise exported by 

SeAH, the cash deposit rate will be 0.77 

percent; (2) for Husteel Corporation, 

Ltd., the cash deposit rate will remain 

as established in the Final Results. 

These cash deposit requirements shall 

remain in effect until publication of the 

final results of the next administrative 

review. 

This determination is issued and 

published pursuant to sections 751(h) 

and 771(i)(1) of the Act. 

Dated: April 4, 2007. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E7–6868 Filed 4–10–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 032707C] 

Endangered Species; Permit No. 1589 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; Issuance of a permit. 

SUMMARY: Notice is hereby given that 

The Riverbanks Zoo and Garden, 500 

Wildlife Parkway, P.O. Box 1060, 

Columbia, SC 29202–1060 [Charles 

Scott Pfaff, Responsible Party] has been 

issued a permit to take shortnose 

sturgeon (Acipenser brevirostrum) for 

purposes of enhancement. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

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 

Southeast Region, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701; 

phone (727) 824–5312; fax (727) 824–

5309. 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails or Jennifer Skidmore at 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

requested permit has been issued 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 parts 222–226). 

On September 20, 2006, notice was 

published in the Federal Register (71 

FR 54979) that a request for an 

enhancement permit to take shortnose 

sturgeon had been submitted by the 

above mentioned organization. The 

Riverbanks Zoo and Garden will obtain 

and maintain a total of eight captivebred, non-releaseable adult shortnose 

sturgeon. This sturgeon display will be 

used to increase public awareness of the 

shortnose sturgeon and its status. The 

proposed project will educate the public 

on shortnose sturgeon life history and 

the reasons for the species decline. The 

proposed project to display endangered 

cultured shortnose sturgeon responds 

directly to a recommendation from the 

NMFS recovery plan outline for this 

species. The permit is issued for 5 years. 

Issuance of this permit, as required by 

the ESA, was based on a finding that the 

permit (1) Was applied for in good faith, 

(2) will not operate to the disadvantage 

of such endangered or threatened 

species, and (3) is consistent with the 

purposes and policies set forth in 

section 2 of the ESA. 


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