56890 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Notices 

Export Corp. (Guangdong) a cash 

deposit rate of 13.91 percent, rather than 

the PRC–wide rate assigned to the 

company in the contested 

administrative review. Consistent with 

the decision of the United States Court 

of Appeals for the Federal Circuit 

(Federal Circuit) in The Timken 

Company v. United States and China 

National Machinery and Equipment 

Import and Export Corporation, 893 F. 

2d 337 (Fed. Cir. 1990) (Timken), the 

Department is publishing this notice of 

the CIT’s decision which is not in 

harmony with the Department’s 

determination in the 1999–2000 

antidumping duty administrative review 

of pencils from the PRC. 

EFFECTIVE DATE: September 29, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Magd Zalok or Howard Smith at (202) 

482–4162 or (202) 482–5193, 

respectively; AD/CVD Operations, 

Office 4, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 28, 1994, the 

Department published the antidumping 

duty order on pencils from the PRC. See 

Antidumping Duty Order: Certain Cased 

Pencils from the People’s Republic of 

China, 59 FR 66,909 (December 28, 

1994). The Department excluded from 

this order Guangdong’s U.S. sales of 

pencils produced by Three Star 

Stationery Industry Corp. (Three Star). 

However, in the final determination that 

gave rise to the antidumping duty order, 

the Department stated that if Guangdong 

sold subject merchandise to the United 

States that was produced by 

manufacturers other than Three Star, 

such sales would be subject to a cash 

deposit rate equal to the rate applied to 

the PRC entity. See Notice of Final 

Determination of Sales at Less Than 

Fair Value: Certain Cased Pencils from 

the People’s Republic from China, 59 FR 

55625, 55627 (November 8, 1994), see 

also Certain Cased Pencils From the 

People’s Republic of China; Notice of 

Amended Final Determination of Sales 

at Less Than Fair Value and Amended 

Antidumping Duty Order in Accordance 

With Final Court Decision, 64 FR 25275 

(May 11, 1999). 

In the 1999–2000 antidumping duty 

administrative review of pencils from 

the PRC, the Department ‘‘collapsed’’

Three Star with another entity, China 

First Pencil Co. Ltd. (China First), based 

upon information that came to light late 

in the review. Further, the Department 

determined that the combined entity, 

China First/Three Star, was distinct 

from the Three Star whose factors of 

production formed the basis for 

excluding Guangdong from the order. 

Because there was no information on 

the record of the 1999–2000 review from 

which to calculate a dumping margin 

for Guangdong, consistent with the 

investigation in this proceeding, in the 

final results of review the Department 

assigned Guangdong’s sales of China 

First/Three Star produced subject 

merchandise a cash deposit rate equal to 

the PRC–wide rate. See Certain Cased 

Pencils from the People’s Republic of 

China: Final Results and Partial 

Rescission of Antidumping Duty 

Administrative Review, 67 FR 48,612 

(July 25, 2002), as amended in Notice of 

Amended Final Results and Partial 

Rescission of Antidumping Duty 

Administrative Review: Certain Cased 

Pencils from the People’s Republic of 

China, 67 FR 59,049 (September 19, 

2002). 

Respondents in the 1999–2000 

administrative review filed a motion of 

judgement upon the agency record 

contesting the final results of that 

review. After considering the 

respondents’ arguments, the CIT 

remanded the case to the Department 

instructing it to, among other things, 

reevaluate the PRC–wide rate applied to 

Guangdong because the Court found the 

Department had effectively applied 

adverse facts available to a participating 

and cooperative respondent. See 

Kaiyuan Group Corp., et al v. United 

States and the Pencil Section Writing 

Instrument Manufacturers Ass’n, et al., 

343 F. Supp. 2d 1289 (May 14, 2004) 

(Kaiyuan I). Consistent with the Court’s 

direction, under protest, in its 

redetermination the Department 

assigned Guangdong a cash deposit rate 

based on the weighted–average of the 

margins calculated for other 

respondents in the 1999–2000 

administrative review. On August 23, 

2005, the CIT sustained the 

Department’s remand redetermination. 

See Kaiyuan Group Corp., et al v. United 

States and the Pencil Section Writing 

Instrument Manufacturers Association, 

et al. Slip Op. 05–103 (Kaiyuan II). 

Notification 

In its decision in Timken, the Federal 

Circuit held that, pursuant to 19 U.S.C. 

1516a(e), the Department must publish 

notice of a CIT decision which is ‘‘not 

in harmony’’ with the Department’s 

determination. The CIT’s decisions in 

Kaiyuan I & II regarding the rate 

assigned to Guangdong are not in 

harmony with the Department’s 

determination in the final results of the 

1999–2000 antidumping duty 

administrative review of pencils from 

the PRC. Therefore, publication of this 

notice fulfills the Department’s 

obligation under 19 U.S.C. 1516a(e). 

The Department will continue to 

suspend liquidation pending the 

expiration of the period to appeal the 

CIT’s August 23, 2005, decision, or, if 

that decision is appealed, pending a 

‘‘conclusive’’ decision by the Federal 

Circuit. Upon expiration of the period to 

appeal, or if the CIT’s decision is 

appealed and the Federal Circuit’s 

decision is not in harmony with the 

Department’s determination in the 

1999–2000 antidumping duty 

administrative review of pencils from 

the PRC, the Department will publish in 

the Federal Register a notice of 

amended final results for the 1999–2000 

administrative review of pencils. 

Dated: September 22, 2005. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–19506 Filed 9–28–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–570–504) 

Continuation of Antidumping Duty 

Order: Petroleum Wax Candles from 

the People’s Republic of China 

(‘‘PRC’’) 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of the 

determinations by the Department of 

Commerce (‘‘the Department’’) and the 

International Trade Commission (‘‘ITC’’) 

that revocation of the antidumping duty 

order on petroleum wax candles 

(‘‘candles’’) from the PRC would likely 

lead to continuation or recurrence of 

dumping and material injury to an 

industry in the United States, the 

Department is publishing notice of the 

continuation of this antidumping duty 

order. 

EFFECTIVE DATE: August 10, 2005 

FOR FURTHER INFORMATION CONTACT: 

Maureen Flannery, AD/CVD Operations, 

Office 8, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Ave., NW, 

Washington, DC 20230; telephone: (202) 

482–3020. 

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Notices 56891 

Background 

On August 2, 2004, the Department 

initiated and the ITC instituted a sunset 

review of the antidumping duty order 

on candles from the PRC pursuant to 

section 751(c) of the Act. See Initiation 

of Five-year (‘‘Sunset’’) Reviews, 69 FR 

46134 (August 2, 2004). As a result of 

its review, the Department found that 

revocation of the antidumping duty 

order would be likely to lead to 

continuation or recurrence of dumping 

and notified the ITC of the magnitude of 

the margins likely to prevail were the 

order to be revoked. See Petroleum Wax 

Candles from the People’s Republic of 

China; Final Results of the Expedited 

Sunset Review of the Antidumping Duty 

Order, 69 FR 75302 (December 16, 

2004). 

On August 3, 2005, pursuant to 

section 751(c) of the Act, the ITC 

determined that revocation of the 

antidumping duty order on candles 

from the PRC would be likely to lead to 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time. See Petroleum Wax Candles from 

the People’s Republic of China, 

Investigation 731–TA–282 (Second 

Review), 70 FR 44695 (August 3, 2005). 

Scope of the Order 

The products covered by this order 

are certain scented or unscented 

petroleum wax candles made from 

petroleum wax and having fiber or 

paper–cored wicks. They are sold in the 

following shapes: tapers, spirals and 

straight–sided dinner candles; rounds, 

columns, pillars, votives; and various 

wax–filled containers. The products 

were originally classifiable under the 

Tariff Schedules of the United States 

item 755.25, Candles and Tapers. The 

products are currently classifiable under 

the Harmonized Tariff Schedule item 

number 3406.00.00. The Department 

determined several products were 

excluded from the scope of this order. 

For a complete list of the Department’s 

scope rulings, please check our website 

at http://www.ia.ita.doc.gov/download/ 

candles–prc-scope. Also, additional 

scope determinations are pending. The 

written description remains dispositive. 

Determination 

As a result of the determinations by 

the Department and the ITC that 

revocation of this antidumping duty 

order would be likely to lead to 

continuation or recurrence of dumping 

and material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act, the Department 

hereby orders the continuation of the 

antidumping duty order on candles 

from the PRC. 

U.S. Customs and Border Protection 

will continue to collect antidumping 

duty deposits at the rates in effect at the 

time of entry for all imports of subject 

merchandise. The effective date of 

continuation of this order is August 10, 

2005. Pursuant to sections 751(c)(2) and 

751(c)(6) of the Act, the Department 

intends to initiate the next five-year 

review of this order not later than 

August 2010. 

Dated: September 20, 2005. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–19508 Filed 9–28–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 050906238–5243–02; I.D. 

090705E] 

RIN 0648–ZB68 

2006 Monkfish Research Set-Aside 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; solicitation for proposals 

for research activities; correction. 

SUMMARY: NMFS corrects the notice, 

published on September 13, 2005, 

soliciting proposals for research 

activities to be conducted under the 

2006 Monkfish Research Set-Aside 

(RSA) Program to be consistent with the 

full Federal Funding Opportunity 

Announcement (FFO). Specifically, 

NMFS is correcting the ‘‘Evaluation 

Criteria’’ contained in the September 13, 

2005, notice to be consistent with the 

‘‘Evaluation Criteria’’ contained in the 

FFO. All other requirements remain the 

same. 

DATES: Applications must be received 

on or before 5 p.m. eastern standard 

time on October 13, 2005. Delays may 

be experienced when registering with 

Grants.gov near the end of a solicitation 

period. Therefore, NOAA strongly 

recommends that applicants do not wait 

until the deadline date to begin the 

application process through http:// 

www.grants.gov. 

ADDRESSES: Electronic application 

submissions must be transmitted on-line 

through http://www.grants.gov. 

Applications submitted through http:// 

www.grants.gov will be accompanied by 

a date and time receipt indication on 

them. If an applicant does not have 

Internet access, hard copy proposals 

will be accepted, and date recorded 

when they are received in the program 

office. Paper applications must be sent 

to NMFS, Northeast Regional Office, 

One Blackburn Drive, Gloucester, MA 

01930. Electronic or hard copies 

received after the deadline will not be 

considered, and hard copy applications 

will be returned to the sender. 

FOR FURTHER INFORMATION CONTACT: 

Information may be obtained from Paul 

Howard, Executive Director, New 

England Fishery Management Council 

(NEFMC), by phone 978–465–0492, or 

by fax 978–465–3116; Philip Haring, 

Senior Fishery Analyst, NEFMC, by 

phone 978–465–0492, or by e-mail at 

pharing@nefmc.org; or Allison Ferreira, 

Fishery Policy Analyst, NMFS, by 

phone 978–281–9103, by fax 978–281–

9135, or by e-mail at 

allison.ferreira@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 13, 2005, NMFS 

published a notice in the Federal 

Register announcing the 2006 Monkfish 

RSA Program (70 FR 54028). This 

program, established through 

Amendment 2 to the Monkfish Fishery 

Management Plan (FMP) to annually set 

aside 500 monkfish days-at-sea (DAS) 

from the total DAS allocated to limited 

access monkfish permit holders, is to be 

utilized for monkfish related research 

activities. The September 13, 2005, 

notice also solicited proposals for 

monkfish research activities to be 

conducted under this RSA program. 

However, the ‘‘Evaluation Criteria’’

listed on pages 54029 and 54030 of the 

Federal Register notice did not include 

all of the information contained in the 

‘‘Evaluation Criteria’’ listed in the FFO. 

Therefore, in order to make the Federal 

Register notice announcing the 2006 

Monkfish RSA Program consistent with 

the FFO for the Monkfish RSA Program, 

NMFS corrects the ‘‘Evaluation Criteria’’

contained in the September 13, 2005, 

Federal Register notice to read as 

follows: 

1. Importance and/or relevance and 

applicability of the proposed project: 

This criterion ascertains whether there 

is intrinsic value in the proposed work 

and/or relevance to NOAA, Federal, 

regional, state, or local activities. For the 

2006 Monkfish RSA Program, provide a 

clear definition of the problem, need, 

issue, or hypothesis to be addressed. 

The proposal should describe its 

relevance to RSA program priorities and