Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices 19881 

industries. Unfinished conduit pipe is 

also included in these orders. All carbon 

steel pipes and tubes within the 

physical description outlined above are 

included within the scope of these 

orders, except line pipe, oil country 

tubular goods, boiler tubing, mechanical 

tubing, pipe and tube hollows for 

redraws, finished scaffolding, and 

finished conduit. Standard pipe that is 

dual or triple certified/stenciled that 

enters the U.S. as line pipe of a kind 

used for oil or gas pipelines is also not 

included in these orders. 

Imports of the products covered by 

these orders are currently classifiable 

under the following Harmonized Tariff 

Schedule (HTS) subheadings: 

7306.30.10.00, 7306.30.50.25, 

7306.30.50.32, 7306.30.50.40, 

7306.30.50.55, 7306.30.50.85, and 

7306.30.50.90. 

Although the HTS subheadings are 

provided for convenience and customs 

purposes, our written description of the 

scope of these proceedings is 

dispositive. 

Preliminary Intent to Rescind New 

Shipper Review 

The Department may rescind a new 

shipper review with respect to an 

exporter or producer if the Department 

concludes that there were no entries, 

exports, or sales of the subject 

merchandise to the United States during 

the period of review. See 19 CFR 

§ 351.214(f)(2). In response to the 

Department’s questionnaire, Conduit 

provided full and complete responses 

attesting to their qualification as a new 

shipper under the Department’s 

regulations, and established that a 

completed transaction (a sale and entry) 

of subject merchandise pipe and tube 

was sold to an unaffiliated customer in 

the United States. 

The Department conducted its 

verification of Conduit’s responses in 

Mexico City from February 28, 2007, 

through March 2, 2007. The purpose of 

the Department’s verification was to 

verify Conduit’s one reported sale; 

however, during the verification, 

Conduit presented additional 

documentation of an unreported sale. 

Further examination of Conduit’s 

quality certificates, production run data 

and additional sales documentation not 

presented to the Department during the 

questionnaire response period 

confirmed that the merchandise sold in 

the unreported sale was identical to the 

merchandise sold in the reported sale 

that is subject to this new shipper 

review. See Memorandum to the File 

from John Drury and Patrick Edwards, 

Analysts, through Angelica Mendoza, 

Program Manager regarding Verification 

of Sales Response of Conduit S.A. de 

C.V. in the Antidumping New Shipper 

Review of Certain Circular Welded 

Non–Alloy Steel Pipe and Tube from 

Mexico, dated March 23, 2007, on file 

in the Central Records Unit, room B–099 

of the main Commerce building. 

Additionally, the documentation 

examined by the Department concerning 

the unreported sale, which was made in 

November 2005, indicated that the 

merchandise was of a type of tubing 

made to the American Society for 

Testing and Materials (ASTM) standard 

of A–513, which is a mechanical tubing 

specification. The Department examined 

production documentation and quality 

certificates for the sale, confirming that, 

given its chemical composition and wall 

thickness, the pipe was indeed in 

conformance with the ASTM A–513 

standard and not the product subject to 

this Order. 

Previous rulings on the scope of the 

Order prescribe that pipe produced to 

the A–513 standard, or generally 

‘‘mechanical tubing,’’ is specifically 

excluded from the scope of the 

antidumping duty order on pipe and 

tube from Mexico. See section on 

‘‘Scope of the Order’’ above. See also, 

Third Determination on Remand, In the 

matter of: Final Scope Ruling –

Antidumping Duty Order on Circular 

Welded Non–Alloy Steel Pipe from 

Mexico, Secretariat File No. USA–

MEXl1998–1904–05 (February 19, 

2004) (NAFTA Scope Decision). In its 

submission to the panel, during the 

NAFTA Scope Decision proceeding, the 

Department explained that, ‘‘ while 

mechanical tubing can comply with 

basic description of the pipe subject to 

this order, its removal from the order is 

based on its recognition by purchasers 

and producers as a specialized, made–

to-order product. This denotes a product 

possessing unique chemical, physical, 

and mechanical characteristics, most 

notably the physical characteristics. It is 

a custom made, unique size product that 

is made to order, thereby differentiating 

it from the ’standard sizes’ of pipe and 

fence tubing covered by the order. Non–

standard pipe sizes generally would be 

considered to be outside the scope of 

the order the Department reiterates that 

mechanical tubing is outside of the 

scope of the Order.’’ The Panel affirmed 

this finding by the Department on June 

7, 2004. 

Therefore, since this product 

possesses unique physical 

characteristics that do not comply with 

the products subject to this order, and 

based on the NAFTA Scope Decision, 

the Department preliminarily 

determines that there is no sale or entry 

of subject merchandise to examine, as 

prescribed under 19 CFR § 351.214(f)(2) 

of the Department’s regulations. 

Accordingly, the Department 

preliminarily intends to rescind this 

new shipper review. 

Public Comment 

Interested parties may submit case 

briefs no later than 15 days after the 

date of publication of this notice of 

intent to rescind. See 19 CFR 

§ 351.309(c)(ii). Rebuttal briefs, limited 

to issues raised in case briefs, may be 

filed no later than five days after the 

time limit for filing the case briefs. See 

19 CFR § 351.309(d). Parties who submit 

arguments are requested to submit with 

the argument (1) a statement of the 

issue, (2) a brief summary of the 

argument, and (3) a table of authorities. 

Further, parties submitting written 

comments should provide the 

Department with an additional copy of 

the public version of any such 

comments on diskette. An interested 

party may request a hearing within 15 

days of publication of this notice of 

intent to rescind. See 19 CFR 

§ 351.310(c). Any hearing, if requested, 

will be held two days after the 

scheduled date for submission rebuttal 

briefs, or the first working day 

thereafter. See 19 CFR § 351.310(d)(1). 

The Department will issue the final 

notice, which will include the results of 

its analysis of issues raised in any such 

comments, or at a hearing, if requested, 

within 120 days of publication of this 

notice of intent to rescind. 

This notice is issued and published in 

accordance with sections 751(a)(2) and 

777(i)(1) of the Tariff Act of 1930, as 

amended. 

Dated: April 13, 2007. 

David M. Spooner, 

Assistant Secretaryfor Import Administration. 

[FR Doc. E7–7597 Filed 4–19–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

C–122–815 

Pure Magnesium and Alloy Magnesium 

from Canada: Preliminary Results of 

Countervailing Duty Administrative 

Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

is conducting administrative reviews of 

the countervailing duty orders on pure 

magnesium and alloy magnesium from 

Canada for the period January 1, 2005, 


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through August 15, 2005. We 

preliminarily find that the 

countervailing duty rates during the 

period of review for the producer/ 

exporter covered by these reviews is 

zero. If the final results remain the same 

as these preliminary results, we will 

instruct U.S. Customs and Border 

Protection to assess countervailing 

duties as detailed in the ‘‘Preliminary 

Results of Reviews’’ section of this 

notice. Interested parties are invited to 

comment on these preliminary results 

(see the ‘‘Public Comment’’ section of 

this notice). 

EFFECTIVE DATE: April 20, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Andrew McAllister or Devta Ohri, AD/ 

CVD Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington DC 20230; 

telephone (202) 482–1174 or (202) 482–

3853, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

On August 31, 1992, the Department 

of Commerce (‘‘the Department’’) 

published in the Federal Register the 

countervailing duty orders on pure 

magnesium and alloy magnesium from 

Canada (see Countervailing Duty Orders: 

Pure Magnesium and Alloy Magnesium 

From Canada, 57 FR 39392 (August 31, 

1992) (‘‘Magnesium Investigation’’). On 

August 1, 2006, the Department 

published a notice of ‘‘Opportunity to 

Request Administrative Review’’ of 

these countervailing duty orders (see 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review, 71 FR 44085). 

We received a timely request for review 

from Norsk Hydro Canada, Inc. 

(‘‘NHCI’’). On September 29, 2006, we 

initiated these reviews covering 

shipments of subject merchandise from 

NHCI (see Initiation of Antidumping 

and Countervailing Duty Administrative 

Reviews, 71 FR 57465). 

On October 19, 2006, we issued 

countervailing duty questionnaires to 

NHCI, the Government of Que ́bec 

(‘‘GOQ’’), and the Government of 

Canada (‘‘GOC’’). We received 

questionnaire responses from NHCI on 

November 20, 2006, the GOQ on 

November 22, 2006, and the GOC on 

December 14, 2006. 

Scope of the Orders 

The products covered by these orders 

are shipments of pure and alloy 

magnesium from Canada. Pure 

magnesium contains at least 99.8 

percent magnesium by weight and is 

sold in various slab and ingot forms and 

sizes. Magnesium alloys contain less 

than 99.8 percent magnesium by weight 

with magnesium being the largest 

metallic element in the alloy by weight, 

and are sold in various ingot and billet 

forms and sizes. 

The pure and alloy magnesium 

subject to the orders is currently 

classifiable under items 8104.11.0000 

and 8104.19.0000, respectively, of the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’). Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written descriptions of the merchandise 

subject to the orders are dispositive. 

Secondary and granular magnesium 

are not included in the scope of these 

orders. Our reasons for excluding 

granular magnesium are summarized in 

Preliminary Determination of Sales at 

Less Than Fair Value: Pure and Alloy 

Magnesium From Canada, 57 FR 6094 

(February 20, 1992). 

Period of Review 

The period of review (‘‘POR’’) for 

which we are measuring subsidies is 

January 1, 2005, through August 15, 

2005. 

Analysis of Programs 

I. Programs Preliminarily Determined To 

Be Not Used 

We examined the following programs 

and preliminarily determine that NHCI 

did not apply for or receive benefits 

under these programs during the POR: 

• Article 7 Grant from the Que ́bec 

Industrial Development Corporation 

(‘‘SDI’’) 

• Emploi–Que ́bec Manpower Training 

Program 

• St. Lawrence River Environment 

Technology Development Program 

• Program for Export Market 

Development 

• The Export Development Corporation 

• Canada–Que ́bec Subsidiary Agreement 

on the Economic Development of the 

Regions of Que ́bec 

• Opportunities to Stimulate 

Technology Programs 

• Development Assistance Program 

• Industrial Feasibility Study Assistance 

Program 

• Export Promotion Assistance Program 

• Creation of Scientific Jobs in 

Industries 

• Business Investment Assistance 

Program 

• Business Financing Program 

• Research and Innovation Activities 

Program 

• Export Assistance Program 

• Energy Technologies Development 

Program 

• Financial Assistance Program for 

Research Formation and for the 

Improvement of the Recycling Industry 

• Transportation Research and 

Development Assistance Program 

II. Program Previously Determined To 

Be Terminated 

• Exemption from Payment of Water 

Bills 

Preliminary Results of Reviews 

For the period January 1, 2005, 

through August 15, 2005, we 

preliminarily find the net subsidy rate 

for NHCI to be 0.00 percent. 

Cash Deposit Instructions 

On July 6, 2006, pursuant to section 

751(d)(2) of the Act and 19 CFR 

351.222(i)(1)(iii), the Department 

revoked the countervailing duty orders 

on pure magnesium and alloy 

magnesium from Canada (see 

Revocation of the Countervailing Duty 

Orders: Pure Magnesium and Alloy 

Magnesium from Canada, 71 FR 38382 

(July 6, 2006)). The effective date of the 

revocations is August 16, 2005. As a 

result of this action, we do not intend 

to issue cash deposit instructions. 

Liquidation Instructions 

If the final results of these reviews 

remain the same as these preliminary 

results, we will instruct CBP to liquidate 

entries during the period January 1, 

2005, through August 15, 2005, without 

regard to countervailing duties in 

accordance with 19 CFR 351.106(c)(1). 

The Department will issue appropriate 

instructions directly to CBP within 41 

days of publication of the final results 

of these reviews. 

For all other companies that were not 

reviewed (except Timminco Limited 

which is excluded from the orders), the 

Department has directed CBP to assess 

countervailing duties on all entries 

between January 1, 2005, and August 

15, 2005, at the rates in effect at the time 

of entry. 

Public Comment 

Pursuant to 19 CFR 351.310(c), any 

interested party may request a hearing 

within 30 days of publication of this 

notice. Any hearing, if requested, will 

be held 42 days after the publication of 

this notice, or the first workday 

thereafter. Issues raised in the hearing 


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will be limited to those raised in the 

case and rebuttal briefs. Pursuant to 19 

CFR 351.309(c), interested parties may 

submit case briefs within 30 days of the 

date of publication of this notice. 

Rebuttal briefs, which must be limited 

to issues raised in the case briefs, may 

be filed not later than 35 days after the 

date of publication of this notice. See 19 

CFR 351.309(d). Parties who submit 

case briefs or rebuttal briefs in this 

proceeding are requested to submit with 

each argument (1) a statement of the 

issue and (2) a brief summary of the 

argument with an electronic version 

included. 

The Department will issue the final 

results of these administrative reviews, 

including the results of its analysis of 

issues raised in any such written briefs 

or hearing, within 120 days of 

publication of these preliminary results. 

See section 751(a)(3) of the Act. 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: April 13, 2007. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E7–7598 Filed 4–19–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Minority Business Development 

Agency 

White House Initiative on Asian 

Americans and Pacific Islanders, 

President’s Advisory Commission on 

Asian Americans and Pacific Islanders 

AGENCY: Minority Business 

Development Agency, Department of 

Commerce. 

ACTION: Notice of Public Teleconference 

Meeting. 

SUMMARY: The President’s Advisory 

Commission on Asian Americans and 

Pacific Islanders (Commission) will 

convene a teleconference meeting on 

May 7, 2007 to deliberate the draft 

Commission report to the President. 

This meeting is open to the public and 

interested persons may listen to the 

teleconference by using the call-in 

number and pass code provided below 

(see ADDRESSES). 

DATES: Monday, May 7, 2007, beginning 

at 3:15 p.m. (EDT). 

ADDRESSES: By telephone: Beginning at 

3 p.m. (EDT) on Monday, May 7, 2007, 

members of the public may call 1–888–

391–9505 and dial pass code 7265419 to 

access the teleconference. Advance 

registration is not required. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Commission, 

please contact Ms. Cianna Ferrer, 

Executive Assistant, Office of the White 

House Initiative on Asian Americans 

and Pacific Islanders, Minority Business 

Development Agency, U.S. Department 

of Commerce, 1401 Constitution 

Avenue, NW., Room 5612, Washington, 

DC 20230; telephone (202) 482–3949; 

facsimile (202) 501–6239; e-mail: 

info@aapi.gov. Note that any 

correspondence sent by regular mail 

may be substantially delayed or 

suspended in delivery, since all regular 

mail sent to the Department of 

Commerce is subject to extensive 

security screening. 

SUPPLEMENTARY INFORMATION: In 

accordance with Section 10(a)(2) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. App. 2), public 

announcement is made of the 

Commission’s intent to convene a 

teleconference meeting on May 7, 2007. 

This meeting is open to the public and 

interested persons may listen to the 

teleconference by using the call-in 

number and pass code set forth above 

(see ADDRESSES). Advance registration is 

not required to access the 

teleconference. 

Prospective agenda items for the 

meeting include a deliberation of the 

draft Commission report to the 

President, discussion regarding 

ratification of the report, administrative 

tasks and such other Commission 

business as may arise during the course 

of the meeting. The Commission 

welcomes interested persons to submit 

written comments at any time before or 

after the meeting to the Office of the 

White House Initiative on Asian 

Americans and Pacific Islanders (see 

FOR FURTHER INFORMATION CONTACT). To 

facilitate distribution of written 

comments to Commission members 

prior to the meeting, the Commission 

suggests that comments be submitted by 

facsimile or by e-mail no later than 

May 3, 2007. The Commission will not 

be receiving public comment during the 

meeting. 

Dated: April 16, 2007. 

Ronald N. Langston, 

National Director, Minority Business 

Development Agency. 

[FR Doc. E7–7483 Filed 4–19–07; 8:45 am] 

BILLING CODE 3510–21–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 041107A] 

Marine Mammals; File No. 1121–1900; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application; 

correction. 

SUMMARY: Notice is hereby given that 

NOAA Fisheries Office of Science and 

Technology (Principal Investigator: Dr. 

Brandon Southall), Silver Spring, MD, 

has applied in due form for a permit to 

conduct scientific research on marine 

mammals. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

May 17, 2007. 

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; 

http://www.nmfs.noaa.gov/pr/permits/ 

review.htm; and 

Southeast Region, NMFS, 263 13th 

Avenue South, Saint Petersburg, FL 

33701; phone (727)824–5312; fax 

(727)824–5309. 

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. 1121–1900. 

FOR FURTHER INFORMATION CONTACT: 

Tammy Adams or Jolie Harrison, 

(301)713–2289. 


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