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 

Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices 55111 

Requestor: Rokeach Foods; a ‘‘Yahrzeit’’

candle is within the scope of the 

antidumping duty order; April 15, 2005. 

A–570–804: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: Crazy Mountain Imports, 

Inc., wax–filled ceramic containers with 

a single ‘‘snowman’’ or ‘‘snow–woman’’

figurine attached to the top of each 

container’s lid with the words ‘‘Merry 

Christmas,’’ are included within the 

scope of the antidumping duty order; 

April 20, 2005. 

A–570–804: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: Rokeach Foods; 44 Chanukah 

candles are within the scope of the 

antidumping duty order; April 29, 2005. 

A–570–804: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: Access Business Group; one 

candle and five candle sets with various 

components are within the scope of the 

antidumping duty order; May 4, 2005. 

A–570–804: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: New Spectrum Gift Gallery; 

seventy candles in various shapes are 

within the scope of the antidumping 

duty order. Thirty candles also in 

various shapes are not included in the 

scope of the antidumping duty order; 

May 12, 2005. 

A–570–804: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: Home Interiors and Gifts; set 

of six ‘‘rose blossom’’ candles (item 

number 11538) and set of three 

‘‘American heart’’ candles (item number 

12117) are within the scope of the 

antidumping duty order. Three 

‘‘sunflower’’ candles (item number 

12116) and two sets of 12 ‘‘baked apple 

pie’’ and ‘‘vanilla’’ tea light candles 

(item numbers 11611 and 11612) are not 

included in the scope of the 

antidumping duty order; May 13, 2005. 

A–570–504: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: Pier 1 Imports, Inc.; 12 

models of candles are not included in 

the scope of the antidumping duty order 

(requestor removed one of the 13 

candles from its original request); May 

13, 2005. 

A–570–803: Heavy Forged Hand Tools, 

Finished or Unfinished, With or Without 

Handles, from the People’s Republic of 

China 

Requestor: Olympia Group Inc.; cast 

tampers are not included in the scope of 

the antidumping duty order; May 23, 

2005. 

A–570–827: Cased Pencils from the 

People’s Republic of China 

Requestor: Fiskars Brands, Inc.; certain 

compasses are not included in the scope 

of the antidumping duty order; June 3, 

2005. 

A–570–891: Hand Trucks and Certain 

Parts Thereof from the People’s 

Republic of China 

Requestor: Central Purchasing, LLC; 

accessory carts are within the scope of 

the antidumping duty order; June 3, 

2005. 

A–570–891: Hand Trucks and Certain 

Parts Thereof from the People’s 

Republic of China 

Requestor: Faultless Starch/Bon Ami 

Co.; RuXXac and RuXXac Long hand 

trucks are within the scope of the 

antidumping duty order; June 3, 2005. 

Russian Federation 

A–821–819: Magnesium Metal From the 

Russian Federation 

Requestor: Leeds Specialty Alloys; Mg–

15Zr magnesium master alloy, made in 

the Russian Federation by Solikamsk 

Magnesium Works, is within the scope 

of the antidumping duty order; May 31, 

2005. 

Multiple Countries 

A–570–886: Polyethylene Retail Carrier 

Bags from the People’s Republic of 

China; A–557–813: Polyethylene Retail 

Carrier Bags from Malaysia; A–549–821: 

Polyethylene Retail Carrier Bags from 

Thailand 

Requestor: Dimensions Trading, Inc.; 

polyethylene sample bags are within the 

scope of the antidumping duty order; 

May 9, 2005. 

Anticircumvention Determinations 

Completed Between April 1, 2005, and 

June 30, 2005: 

None. 

Scope Inquiries Terminated Between 

April 1, 2005, and June 30, 2005: 

None. 

Scope Inquiries Pending as of June 30, 

2005: 

People’s Republic of China 

A–570–502: Iron Construction Castings 

from the People’s Republic of China 

Requestor: A.Y. McDonald Mfg. Co.; 

whether certain cast iron articles (meter 

box frames, covers, extension rings; 

meter box bases, upper bodies, lids), if 

imported separately, are within the 

scope of the antidumping duty order; 

requested November 16, 2004. 

A–570–890: Wooden Bedroom Furniture 

from the People’s Republic of China 

Requestor: Dorel Asia; whether certain 

infant furniture (i.e., infant (baby) 

changing tables, toy boxes or chests, 

infant (baby) armories, and toddler 

beds) is within the scope of the 

antidumping duty order; requested 

February 15, 2005. 

A–570–868: Folding Metal Tables and 

Chairs from the People’s Republic of 

China 

Requestor: Spencer Gifts LLC; whether 

‘‘butterfly chairs’’ are within the scope 

of the antidumping duty order; 

requested March 21, 2005. 

A–570–890: Wooden Bedroom Furniture 

from the People’s Republic of China 

Requestor: Sunrise Medical Inc.; 

whether long–term care patient room 

furniture is within the scope of the 

antidumping duty order; requested 

March 25, 2005. 

A–570–868: Folding Metal Tables and 

Chairs from the People’s Republic of 

China 

Requestor: Korhani of America; whether 

its ‘‘wood–seated folding chair’’ is 

within the scope of the antidumping 

duty order; requested April 28, 2005. 

A–570–803: Heavy Forged Hand Tools, 

Finished or Unfinished, With or Without 

Handles, from the People’s Republic of 

China 

Requestor: Avalanche Industries LLC; 

whether ‘‘Smart Splitter’’ is within the 

scope of the antidumping duty order; 

requested March 10, 2005; initiated May 

12, 2005. 

A–570–894: Certain Tissue Paper 

Products from the People’s Republic of 

China 

Requestor: Seaman Paper Company of 

Massachusetts, Inc. (MA); American 

Crepe Corporation (PA); Eagle Tissue 

LLC (CT); Flower City Tissue Mills Co. 

(NY); Garlock Printing &Converting, Inc. 

(MA); Paper Service Ltd. (NH); Putney 

Paper Co., Ltd. (VT); and the Paper, 

Allied–Industrial, Chemical and Energy 

Workers International Union AFL–CIO, 

CLC; whether certain tissue paper 

products are within the scope of the 

antidumping duty order when imported 

as part of a kit or set of goods that 

includes other non–subject items; 

requested June 7, 2005. 

A–570–504: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: Kohl’s Department Stores, 

Inc.; whether candles contained in a 

ceramic basket, which are in the shape 

of Easter eggs and painted with multiple 

Easter colors, are within the scope of the 

antidumping duty order; requested June 

7, 2005. 

Republic of Korea 

C–580–851: Dynamic Random Access 

Memory Semiconductors from the 

Republic of Korea 

Requestor: Cisco Systems, Inc.; whether 

removable memory modules placed on 

motherboards that are imported for 

repair or refurbishment are within the 

scope of the countervailing duty order; 

55112 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices 

requested December 29, 2004; initiated 

February 4, 2005. 

Russian Federation 

A–821–802: Antidumping Suspension 

Agreement on Uranium 

Requestor: USEC, Inc. and its 

subsidiary, United States Enrichment 

Corporation; whether enriched uranium 

located in Kazakhstan at the time of the 

dissolution of the Soviet Union is 

within the scope of the order; requested 

August 6, 1999. 

Vietnam 

A–552–801: Certain Frozen Fish Fillets 

From the Socialist Republic of Vietnam 

Requestor: Piazza Seafood World LLC; 

whether certain basa and tra fillets from 

Cambodia which are a product of 

Vietnam are not included within the 

antidumping duty order; requested May 

12, 2004; initiated October 22, 2004. 

Anticircumvention Inquiries Pending as 

of June 30, 2005: 

People’s Republic of China 

A–570–504: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: National Candle Association; 

whether imports of palm and vegetable–

based wax candles from the PRC can be 

considered later–developed 

merchandise which is now 

circumventing the antidumping duty 

order; requested October 8, 2004; 

initiated February 25, 2005. 

A–570–504: Petroleum Wax Candles 

from the People’s Republic of China 

Requestor: National Candle Association; 

whether imports of palm and vegetable–

based wax candles from the PRC can be 

considered a minor alteration to the 

subject merchandise for purposes of 

circumventing the antidumping duty 

order; requested October 12, 2004; 

initiated February 25, 2005. 

Vietnam 

A–552–801: Certain Frozen Fish Fillets 

From the Socialist Republic of Vietnam 

Requestor: Catfish Farmers of America 

and certain individual U.S. catfish 

processors; whether imports of frozen 

fish fillets from Cambodia made from 

live fish sourced from Vietnam, and 

falling within the scope of the order, can 

be considered ‘‘merchandise completed 

or assembled in other foreign countries’’

and are circumventing the antidumping 

duty order; requested August 20, 2004; 

initiated October 22, 2004. 

Scope Rulings Inadvertently Omitted 

from Prior Published Lists: 

A–570–803: Heavy Forged Hand Tools, 

Finished or Unfinished, With or Without 

Handles, from the People’s Republic of 

China 

Requestor: Olympia Group Inc.; whether 

pry bars, with a bar length under 18 

inches, are within the scope of the 

antidumping duty order; initiated 

December 20, 2004; terminated due to 

lack of information on March 7, 2005. 

Interested parties are invited to 

comment on the completeness of this 

list of pending scope and anti–

circumvention inquiries. Any comments 

should be submitted to the Deputy 

Assistant Secretary for AD/CVD 

Operations, Import Administration, 

International Trade Administration, 

14th Street and Constitution Avenue, 

NW, Room 1870, Washington, DC 

20230. 

This notice is published in 

accordance with 19 CFR 351.225(o) of 

the Department’s regulations. 

Dated: September 14, 2005. 

Barbara E. Tillman, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 05–18712 Filed 9–19–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 091405D] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council (Council), its 

Research Set-Aside Committee, its Joint 

Spiny Dogfish Committee, its 

Ecosystems Committee, its Law 

Enforcement Committee, its Atlantic 

Mackerel, Squid, Butterfish Committee, 

and its Executive Committee will hold 

public meetings. 

DATES: The meetings will be held from 

Tuesday, October 4, 2005, through 

Thursday, October 6, 2005. See 

SUPPLEMENTARY INFORMATION for more 

detailed information regarding the 

meeting agenda. 

ADDRESSES: This meeting will be held at 

the Southampton Inn, 91 Hill Street, 

Southampton, NY, telephone 631–283–

6500. 

Council address: Mid-Atlantic Fishery 

Management Council, 300 S. New 

Street, Dover, DE 19904, telephone 302–

674–2331. 

FOR FURTHER INFORMATION CONTACT: 

Daniel T. Furlong, Executive Director, 

Mid-Atlantic Fishery Management 

Council; telephone: 302–674–2331, ext. 

19. 

SUPPLEMENTARY INFORMATION: Agenda 

items for the Council’s committees and 

the Council itself are: Meeting of the 

Research Set-Aside Committee will 

review, discuss and establish 2007 

priorities and project selection criteria. 

The Committee will also review the 

NMFS grants review/approval process. 

The Joint Dogfish Committee will 

discuss, develop and adopt 2006/2007 

quotas and associated management 

measures. The Ecosystems Committee 

will review comments and feedback on 

the Council’s ecosystems scoping 

document; and, develop and provide 

comments on H.R. 2939. The Law 

Enforcement Committee will meet to 

review Fisheries Achievement Award 

nominations. The swearing in of new 

and reappointed Council members and 

the election of Council Officers will take 

place following lunch. The Council will 

review the Joint Spiny Dogfish 

Committee’s recommendations, develop 

and adopt quota and associated 

management measures for the 2006/ 

2007 fishing year. NMFS will make a 

presentation on its proposed rule to 

consolidate its Atlantic Highly 

Migratory Species Fishery Management 

Plan. An Ecosystems Scoping meeting 

will be held at 7 p.m. The Atlantic 

Mackerel, Squid, Butterfish Committee 

will meet to review Amendment 9, 

receive updates on Amendment 10, and 

address developing a butterfish 

rebuilding schedule under Framework 5 

to the FMP. The Council will address 

Framework 6 and priorities for 

Amendment 14 to the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan. The Council 

will also conduct its regular business 

session to approve minutes and receive 

reports. The Executive Committee will 

meet to develop and adopt its annual 

work plan for 2006. The Council will 

then convene to receive a NMFS 

presentation on law enforcement issues, 

a New England Council presentation on 

Habitat Areas of Particular Concern 

(HAPCS), and address any continuing or 

new business. 

Meeting Agenda 

On Tuesday, October 4, the Research 

Set-Aside Committee will meet from 8 

- 10 a.m. Concurrent sessions of the 

Joint Dogfish Committee and the 

Ecosystems Committee will meet from 

10 a.m.-12 noon. The Law Enforcement 

Committee will meet from 1–1:30 p.m. 

The Council will convene at 1:30 p.m. 

at which time new and reappointed 

Council members will take their oaths of