65886 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 

countervailable subsidy (as appropriate) 

and of material injury. As a courtesy, 

the Department provides advance notice 

of the cases that are scheduled for 

sunset reviews one month before those 

reviews are initiated. 

FOR FURTHER INFORMATION CONTACT: Zev 

Primor, Office 4, AD/CVD Operations, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce at (202) 482–4114. 

Upcoming Sunset Reviews 

There are no sunset reviews 

scheduled for initiation in December 

2005. 

For information on the Department’s 

procedures for the conduct of sunset 

reviews, See 19 CFR 351.218. This 

notice is not required by statute but is 

published as a service to the 

international trading community. 

Guidance on methodological or 

analytical issues relevant to the 

Department’s conduct of sunset reviews 

is set forth in the Department’s Policy 

Bulletin 98.3, ‘‘Policies Regarding the 

Conduct of Five–Year (‘‘Sunset’’) 

Reviews of Antidumping and 

Countervailing Duty Orders;’’ Policy 

Bulletin, 63 FR 18871 (April 16, 1998) 

(‘‘Sunset Policy Bulletin’’). The Notice 

of Initiation of Five–Year (‘‘Sunset’’) 

Reviews provides further information 

regarding what is required of all parties 

to participate in sunset reviews. 

Dated: October 19, 2005. 

Holly A. Kuga, 

Senior Office Director, AD/CVD Operations, 

Office 4, for Import Administration. 

[FR Doc. 05–21768 Filed 10–31–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–588–866) 

Notice of Final Determination of Sales 

at Less Than Fair Value: Superalloy 

Degassed Chromium from Japan 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: November 1, 2005. 

SUMMARY: The Department of Commerce 

determines that imports of superalloy 

degassed chromium from Japan are 

being, or are likely to be, sold in the 

United States at less than fair value, as 

provided in section 735 of the Tariff Act 

of 1930, as amended (the Act). The final 

weighted–average dumping margins are 

listed below in the section entitled 

‘‘Final Determination of Investigation.’’

FOR FURTHER INFORMATION CONTACT: 

Janis Kalnins or Minoo Hatten, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–1392 or (202) 482–

1690, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 18, 2005, the Department 

of Commerce (the Department) 

published the preliminary 

determination of sales at less than fair 

value (LTFV) in the antidumping 

investigation of superalloy degassed 

chromium from Japan. See Notice of 

Preliminary Determination of Sales at 

Less Than Fair Value: Superalloy 

Degassed Chromium from Japan, 70 FR 

48538 (August 18, 2005) (Preliminary 

Determination). We requested that 

parties comment on the Preliminary 

Determination. We did not make a 

decision on scope–clarification 

comments submitted by parties prior to 

the Preliminary Determination, as there 

was insufficient information on the 

record to draw a conclusion. Therefore, 

we invited parties to provide any new 

factual information on this issue and 

scope comments. 

We received new factual information 

and scope comments from Tosoh 

Corporation and Tosoh Specialty 

Materials Corporation (collectively, 

Tosoh) and from Eramet Marietta Inc. 

(Eramet) and the Paper Allied–

Industrial Chemical and Energy Workers 

International Union (collectively, the 

petitioners). We did not receive any 

comments, scope or otherwise, from JFE 

Material Co., Ltd. (JFE Material), during 

this investigation. While Mitsui & Co. 

(U.S.A.), Inc. (Mitsui), submitted scope 

comments prior to the Preliminary 

Determination, we have not received 

any comments from Mitsui since the 

Preliminary Determination. On 

September 21, 2005, the petitioners 

requested a hearing to discuss scope 

comments or rebuttal comments raised 

by interested parties in the investigation 

but then withdrew their request for a 

hearing on September 30, 2005. We did 

not receive any case or rebuttal briefs 

from any interested parties. 

Scope Comments 

All comments raised by parties to this 

investigation on superalloy degassed 

chromium from Japan are addressed in 

the Scope Comments Memorandum 

from Laurie Parkhill, Office Director, to 

Stephen J. Claeys, Deputy Assistant 

Secretary, dated October 25, 2005. As 

discussed in the Scope Comments 

Memorandum, the scope of the 

investigation remains unchanged from 

our preliminary determination. This 

Scope Comments Memorandum, which 

is a public document, is on file in the 

Department’s Central Records Unit, 

Herbert C. Hoover building, Room B–

099. 

Period of Investigation 

The period of investigation is January 

1, 2004, through December 31, 2004. 

Scope of Investigation 

The product covered by this 

investigation is all forms, sizes, and 

grades of superalloy degassed chromium 

from Japan. Superalloy degassed 

chromium is a high–purity form of 

chrome metal that generally contains at 

least 99.5 percent, but less than 99.95 

percent, chromium. Superalloy 

degassed chromium contains very low 

levels of certain gaseous elements and 

other impurities (typically no more than 

0.005 percent nitrogen, 0.005 percent 

sulphur, 0.05 percent oxygen, 0.01 

percent aluminum, 0.05 percent silicon, 

and 0.35 percent iron). Superalloy 

degassed chromium is generally sold in 

briquetted form, as ‘‘pellets’’ or 

‘‘compacts,’’ which typically are 1? 

inches x 1 inch x 1 inch or smaller in 

size and have a smooth surface. 

Superalloy degassed chromium is 

currently classifiable under subheading 

8112.21.00 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

This investigation covers all chromium 

meeting the above specifications for 

superalloy degassed chromium 

regardless of tariff classification. 

Certain higher–purity and lower–

purity chromium products are excluded 

from the scope of this investigation. 

Specifically, the investigation does not 

cover electronics–grade chromium, 

which contains a higher percentage of 

chromium (typically not less than 99.95 

percent), a much lower level of iron 

(less than 0.05 percent), and lower 

levels of other impurities than 

superalloy degassed chromium. The 

investigation also does not cover 

‘‘vacuum melt grade’’ (VMG) chromium, 

which normally contains at least 99.4 

percent chromium and contains a higher 

level of one or more impurities 

(nitrogen, sulphur, oxygen, aluminum 

and/or silicon) than specified above for 

superalloy degassed chromium. 

Although the HTSUS subheading is 

provided for convenience and customs 

purposes, the written description of the 

scope of this investigation is dispositive. 

Adverse Facts Available 

For the final determination, we 

continue to find that, by failing to 

provide information we requested, JFE 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 65887 

Material, a producer and exporter of 

superalloy degassed chromium from 

Japan and mandatory respondent in this 

investigation, did not act to the best of 

its ability. Thus, the Department 

continues to find that the use of adverse 

facts available is warranted under 

section 776(a)(2) of the Act. See 

Preliminary Determination, 70 FR at 

48539–48540. 

Final Determination of Investigation 

We determine that the following 

weighted average dumping margins 

exist for the period January 1, 2004, 

through December 31, 2004: 

Manufacturer or Exporter Weighted–Average 

Margin (percent) 

JFE Material Co., Ltd. .. 129.32 

All Others ...................... 129.32 

Continuation of Suspension of 

Liquidation 

Pursuant to section 735(c)(1)(B) of the 

Act and 19 CFR 351.211(b)(1), we will 

instruct Customs and Border Protection 

(CBP) to continue to suspend 

liquidation of all imports of subject 

merchandise from Japan entered, or 

withdrawn from warehouse, for 

consumption on or after August 18, 

2005, the date of the publication of our 

preliminary determination. CBP shall 

continue to require a cash deposit or the 

posting of a bond equal to the estimated 

amount by which the normal value 

exceeds the U.S. price as shown above. 

These instructions suspending 

liquidation will remain in effect until 

further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our final determination. As our final 

determination is affirmative and in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports, or sales (or the 

likelihood of sales) for importation, of 

the subject merchandise. If the ITC 

determines that material injury or threat 

of material injury does not exist, the 

proceeding will be terminated and all 

securities posted will be refunded or 

canceled. If the ITC determines that 

such injury does exist, the Department 

will issue an antidumping duty order 

directing CBP to assess antidumping 

duties on all imports of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the effective date of the suspension 

of liquidation (i.e., August 18, 2005). 

Notification Regarding APO 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

This determination is issued and 

published pursuant to sections 735(d) 

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

Dated: October 25, 2005. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–21769 Filed 10–31–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; Alaska Individual 

Fishing Quota Cost Recovery Program 

Requirements 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA). 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before January 3, 2006. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6625, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Patsy A. Bearden, 907–586–

7008 or patsy.bearden@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The Magnuson-Stevens Fishery 

Conservation and Management Act 

requires that the Secretary of Commerce 

conduct a Cost Recovery Program to 

cover the management and enforcement 

costs of the Alaska Individual Fishing 

Quota (IFQ) Program. This Cost 

Recovery Program requires IFQ permit 

holders to submit information about the 

value of landings of IFQ species and to 

calculate and submit fees. The Cost 

Recovery Program requires Registered 

Buyers to submit information about the 

value and volume of landings of IFQ 

species. 

II. Method of Collection 

Paper fee submission forms (mailed 

with payment) or report and payment 

online. 

III. Data 

OMB Number: 0648–0398. 

Form Number: None. 

Type of Review: Regular submission. 

Affected Public: Not-for-profit 

institutions; and business or other forprofits organizations. 

Estimated Number of Respondents: 

2,700. 

Estimated Time per Response: 2 hours 

to complete IFQ Permit Holder Fee 

Submission Form; 2 hours to complete 

IFQ Registered Buyer Ex-vessel Value 

and Volume Report; 2 hours to complete 

the appeal process; and 30 minutes for 

prepayment of fees. 

Estimated Total Annual Burden 

Hours: 5,504. 

Estimated Total Annual Cost to 

Public: $2,000. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record.