Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices 55109 

Issues raised in the hearing will be 

limited to those raised in case briefs and 

rebuttal briefs. Case briefs from 

interested parties may be submitted not 

later than 30 days after publication of 

this notice. Rebuttal briefs, limited to 

the issues raised in the case briefs, may 

be filed not later than five days after the 

submission of case briefs. 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. Parties are encouraged to 

provide a summary of the arguments not 

exceeding five pages and a table of 

statutes, regulations, and cases cited. 

The Department will publish the final 

results of this changed circumstances 

review, including the results of its 

analysis of issues raised in any written 

comments, not later than November 7, 

2005. 

We are issuing and publishing this 

determination and notice in accordance 

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

the Act and 19 CFR 351.216. 

Dated: September 14, 2005. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–18715 Filed 9–19–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–863] 

Honey from the People’s Republic of 

China: Extension of Time Limit for 

Preliminary Results of 2003/2004 New 

Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: September 20, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Anya Naschak at (202) 482–6375; AD/ 

CVD Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 10, 2001, the 

Department published in the Federal 

Register an antidumping duty order 

covering honey from the PRC. See 

Notice of Amended Final Determination 

of Sales at Less Than Fair Value and 

Antidumping Duty Order; Honey from 

the People’s Republic of China, 66 FR 

63670 (December 10, 2001). On 

December 22, 2004, the Department 

received a timely request from Kunshan 

Xin’an Trade Co., Ltd. (‘‘Xinan’’) in 

accordance with 19 CFR 351.214 (c), for 

a new shipper review of the 

antidumping duty order on honey from 

the PRC, which has a December annual 

anniversary month. On January 31, 

2005, the Department initiated a review 

for Xinan. See Honey from the People’s 

Republic of China: Initiation of New 

Shipper Antidumping Duty Review, 70 

FR 6412 (February 7, 2005) (‘‘NSR 

Xinan Initiation’’) 

On July 14, 2005, the Department 

extended the time limit for issuance of 

the preliminary results of this review by 

45 days. See Honey from the People’s 

Republic of China: Extension of Time 

Limit for Preliminary Results of 2003/ 

2004 New Shipper Review, 70 FR 42033 

(July 21, 2005). On August 10, 2005, the 

Department issued a memorandum that 

stated the Department’s intent to rescind 

this new shipper review because of the 

non–bona fide nature of Xinan’s sales 

transaction. See Memorandum From 

James C. Doyle, Director, Office 9, to 

Barbara E. Tillman, Acting Deputy 

Assistant Secretary for Import 

Administration: Bona Fide Analysis for 

Kunshan Xin’an Trade Co., Ltd.’s Sale 

in the New Shipper Review of Honey 

from the People’s Republic of China, 

dated August 10, 2005. We received 

comments on our intent to rescind this 

new shipper review from Xinan on 

August 25, 2005. We received rebuttal 

comments from the American Honey 

Producers and the Sioux Honey 

Association (collectively, ‘‘petitioners’’) 

on August 31, 2005. The deadline for 

completion of the preliminary results is 

currently September 13, 2005. 

Extension of Time Limits for 

Preliminary Results 

Section 751(a)(2)(B)(iv) of the Tariff 

Act of 1930, as amended (the Act), and 

19 CFR 351.214(i)(1) require the 

Department to issue the preliminary 

results of a new shipper review within 

180 days after the date on which the 

new shipper review was initiated and 

final results of a review within 90 days 

after the date on which the preliminary 

results were issued. The Department 

may, however, extend the deadline for 

completion of the preliminary results of 

a new shipper review to 300 days if it 

determines that the case is 

extraordinarily complicated (19 CFR 

351.214 (i)(2)). 

Pursuant to section 751(a)(2)(B)(iv) of 

the Act and 19 CFR 351.214 (i)(2), we 

determine that this review is 

extraordinarily complicated and that it 

is not practicable to complete this new 

shipper review within the current time 

limit. Specifically, the Department 

requires additional time to analyze the 

comments received by parties on the 

Department’s bona fides analysis. 

Accordingly, the Department is 

extending the time limit for the 

completion of the preliminary results by 

20 days, to October 3, 2005, in 

accordance with section 751(a)(2)(B)(iv) 

of the Act and 19 CFR 351.214(i)(2). 

This notice is issued and published in 

accordance with section 751(a)(3)(A) of 

the Act. 

Dated: September 13, 2005. 

Barbara E. Tillman, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 05–18714 Filed 9–19–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–806] 

Silicon Metal from Brazil: Notice of 

Court Decision and Suspension of 

Liquidation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 26, 2005, in Elkem 

Metals Company and Globe 

Metallurgical Inc. v. United States, Slip 

Op. 05–109 (Elkem Metals III), the Court 

of International Trade (CIT) affirmed the 

Final Results of Redetermination 

Pursuant to Remand (Remand Results II) 

released by the Department of 

Commerce (the Department), on March 

16, 2005. Consistent with the decision 

of the U.S. Court of Appeals for the 

Federal Circuit (CAFC) in Timken Co. v. 

United States, 893 F.2d 337 (Fed. Cir. 

1990) (Timken), the Department will 

continue to order the suspension of 

liquidation of the subject merchandise, 

where appropriate, until there is a 

‘‘conclusive’’ decision in this case. If the 

case is not appealed, or if it is affirmed 

on appeal, the Department will instruct 

U.S. Customs and Border Protection 

(CBP) to liquidate all relevant entries 

from Rima Industrial, S.A. (Rima), as 

appropriate. 

EFFECTIVE DATE: September 20, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Maisha Cryor, AD/CVD Enforcement, 

Office 4, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW, Washington, 

DC 20230, telephone 202–482–5831, fax 

202–482–5105. 

SUPPLEMENTARY INFORMATION: 

55110 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices 

Background 

On February 12, 2002, the Department 

published in the Federal Register a 

notice of final results of the 

antidumping duty administrative review 

on silicon metal from Brazil. See Silicon 

Metal From Brazil: Final Results of 

Antidumping Duty Administrative 

Review, 67 FR 6488 (February 12, 2002) 

(Final Results). Following publication of 

the Final Results, Elkem Metals 

Company and Globe Metallurgical Inc. 

(collectively petitioners), filed a lawsuit 

with the CIT challenging the 

Department’s findings in the Final 

Results, regarding the calculation of 

Rima’s constructed value (CV). In Elkem 

Metals Company and Globe 

Metallurgical Inc. v. United States, No. 

02–00232, (CIT February 25, 2004) 

(Elkem Metals I), the CIT remanded this 

matter to the Department for it to 

recalculate Rima’s CV to include certain 

value–added taxes (VAT). In its Final 

Results of Redetermination Pursuant to 

Court Remand (Remand Results I), filed 

on June 8, 2004, in response to Elkem 

Metals I, the Department determined 

that such VAT were not incurred by 

Rima and therefore did not constitute a 

material cost for purposes of calculating 

CV. Consequently, in Remand Results I, 

the Department found that no 

adjustment was necessary to Rima’s CV. 

In Elkem Metals Company and Globe 

Metallurgical Inc. v. United States, 350 

F. Supp 2d 1270 (CIT 2004) (Elkem 

Metals II), the CIT once again instructed 

the Department to include VAT paid by 

Rima in the re–calculation of CV and to 

make any necessary adjustments to the 

dumping margin. 

The Draft Results of Redetermination 

Pursuant to Court Remand (Draft 

Remand Results II) were released to 

parties on January 24, 2005. The 

Department received comments from 

interested parties on the Draft Remand 

Results II on January 24, 2005, and 

rebuttal comments on February 4, 2005. 

On March 16, 2005, the Department 

responded to the CIT’s Order of Remand 

by filing the Remand Results II. In 

Remand Results II, pursuant to the CIT’s 

order, the Department included VAT 

paid by Rima in the re–calculation of 

CV. 

As a result of the remand 

determination, the antidumping duty 

rate for Rima was increased from 0.35 

percent to 0.48 percent. The CIT did not 

receive comments from either 

petitioners or Rima. 

On August 26, 2005, the CIT affirmed 

the Department’s findings in Remand 

Results II. Specifically, the CIT upheld 

the Department’s inclusion of VAT in 

Rima’s CV. See Elkem Metals III.. 

The only revision made to the Final 

Results was the inclusion of VAT in the 

calculation of Rima’s CV, as noted 

above. This revision resulted in a 

change in Rima’s margin. However, 

Rima continues to have a de minimis 

margin, as it had in the Final Results. 

Suspension of Liquidation 

The CAFC, in Timken, 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 final determination or 

results. Publication of this notice fulfills 

that obligation. The CAFC also held that 

the Department must suspend 

liquidation of the subject merchandise 

until there is a ‘‘conclusive’’ decision in 

the case. Therefore, pursuant to Timken, 

the Department must continue to 

suspend liquidation pending the 

expiration of the period to appeal the 

CIT’s August 26, 2005, decision, or, if 

that decision is appealed, pending a 

final decision by the CAFC. The 

Department will instruct CBP to revise 

cash deposit rates, as appropriate, and 

to liquidate relevant entries covering the 

subject merchandise effective 

September 20, 2005, in the event that 

the CIT’s ruling is not appealed, or if 

appealed and upheld by the CAFC. 

Dated: September 14, 2005. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–18713 Filed 9–19–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Notice of Scope Rulings 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: September 20, 2005. 

SUMMARY: The Department of Commerce 

(the Department) hereby publishes a list 

of scope rulings completed between 

April 1, 2005, and June 30, 2005. In 

conjunction with this list, the 

Department is also publishing a list of 

requests for scope rulings and 

anticircumvention determinations 

pending as of June 30, 2005. We intend 

to publish future lists after the close of 

the next calendar quarter. 

FOR FURTHER INFORMATION CONTACT: 

Alice Gibbons, AD/CVD Operations, 

Office 2, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; telephone: (202) 

482–0498. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s regulations provide 

that the Secretary will publish in the 

Federal Register a list of scope rulings 

on a quarterly basis. See 19 CFR 

351.225(o). Our most recent ‘‘Notice of 

Scope Rulings’’ was published on July 

19, 2005. See 70 FR 41374. The instant 

notice covers all scope rulings and 

anticircumvention determinations 

completed by Import Administration 

between April 1, 2005, and June 30, 

2005, inclusive. It also lists any scope or 

anticircumvention inquiries pending as 

of June 30, 2005, as well as scope 

rulings inadvertently omitted from prior 

published lists. As described below, 

subsequent lists will follow after the 

close of each calendar quarter. 

Scope Rulings Completed Between 

April 1, 2005, and June 30, 2005: 

Brazil 

A–351–832; C–351–833: Carbon and 

Certain Alloy Steel Wire Rod from Brazil 

Requestors: Companhia Siderugica 

Belgo Mineira Participacao Industria e 

Comercio S.A. and B.M.P. Siderugica 

S.A.; for grade 1080 tire cord quality 

wire rod and tire bead quality wire rod 

(1080 TCBQWR), the phrase ‘‘having no 

inclusions greater than 20 microns’’

means no inclusions greater than 20 

microns in any direction; May 9, 2005. 

India 

A–533–810: Stainless Steel Bar from 

India; A–533–808: Stainless Steel Wire 

Rod from India 

Requestor: Mukand International, Ltd.; 

stainless steel bar, manufactured in the 

United Arab Emirates out of stainless 

steel wire rod that is manufactured in 

India, is not included in the scope of the 

antidumping duty order; May 23, 2005. 

Japan 

A–588–824: Certain Corrosion–Resistant 

Carbon Steel Flat Products from Japan 

Requestor: Metal One Corporation; 

diffusion–annealed nickel plate is 

within the scope of the anti–dumping 

duty order; August 26, 2005. 

People’s Republic of China 

A–570–804: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: Target Corporation; a 

snowball candle (stock no. 08 0986) and 

set of snowball candles (stock no. 08 

0959) are within the scope of the 

antidumping duty order; April 1, 2005. 

A–570–804: Petroleum Wax Candles 

from the People’s Republic of China