Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 66349 

Communications and Information, 

National Telecommunications and 

Information Administration (new); 

4. Lisa Casias, Acting Deputy Chief 

Financial Officer and Acting Director for 

Financial Management, Office of the 

Secretary; 

5. William J. Fleming, Deputy 

Director, Office of Human Resources 

Management, Office of the Secretary 

(new); 

6. Deanna L. Shepherd, Executive 

Secretary to the EDA Performance 

Review Board, EDA’s Office of Human 

Resources. 

Dated: October 27, 2005. 

Deanna L. Shepherd, 

Human Resources Officer. 

[FR Doc. 05–21854 Filed 11–1–05; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–855] 

Notice of Continuation of Antidumping 

Duty Order on Certain Non–Frozen 

Apple Juice Concentrate from the 

People’s Republic of China 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: November 2, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Maureen Flannery at (202) 482–3020 or 

Frances Veith at (202) 482–4295, AD/ 

CVD Operations, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC, 20230. 

SUMMARY: The U.S. Department of 

Commerce (Department), pursuant to 

section 751(c) of the Tariff Act of 1930, 

as amended (the Act), has determined 

that revocation of the antidumping duty 

order on certain non–frozen apple juice 

concentrate (NFAJC) from the People’s 

Republic of China (PRC) would likely 

lead to continuation or recurrence of 

dumping. On October 21, 2005, the 

International Trade Commission (ITC), 

pursuant to section 751(c) of the Act, 

determined that revocation of the 

antidumping duty order on certain 

NFAJC from the PRC would likely lead 

to continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time. Therefore, pursuant to 19 CFR 

351.218(f)(4), the Department is 

publishing notice of the continuation of 

the antidumping duty order on certain 

NFAJC from the PRC. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 2, 2005, the Department 

initiated, and the ITC instituted, a 

sunset review of the antidumping duty 

order on certain NFAJC from the PRC, 

pursuant to section 751(c) of the Act. 

See Initiation of Five-year (Sunset) 

Reviews, 70 FR 22632 (May 2, 2005) and 

Non–Frozen Concentrate Apple Juice 

from China, 70 FR 22694 (May 2, 2005). 

As a result of its review, the Department 

found that revocation of the 

antidumping duty order would likely 

lead to continuation or recurrence of 

dumping and notified the ITC of the 

magnitude of the margins likely to 

prevail were the order revoked. See 

Non–Frozen Apple Juice Concentrate 

from the People’s Republic of China 

(PRC); Notice of Final Results of 

Expedited Sunset Review of 

Antidumping Duty Order, 70 FR 53339 

(September 8, 2005). On October 21, 

2005, the ITC determined, pursuant to 

section 751(c) of the Act, that revocation 

of the antidumping duty order on 

certain NFAJC would likely lead to 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time. See Non–Frozen Concentrated 

Apple Juice from China, 70 FR 61309 

(October 21, 2005). 

Scope of the Order 

The product covered by this 

antidumping order is certain NFAJC. 

Certain NFAJC is defined as all non–

frozen concentrated apple juice with a 

Brix scale of 40 or greater, whether or 

not containing added sugar or other 

sweetening matter, and whether or not 

fortified with vitamins or minerals. 

Excluded from the scope of this order 

are: frozen concentrated apple juice; 

non–frozen concentrated apple juice 

that has been fermented; and non–

frozen concentrated apple juice to 

which spirits have been added. 

The merchandise subject to this order 

is currently classifiable in the 

Harmonized Tariff Schedule of the 

United States (HTSUS) at subheadings 

2106.90.52.00, and 2009.70.00.20 before 

January 1, 2002, and 2009.79.00.20 on 

or after January 1, 2002. Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

order is 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 certain 

NFAJC 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 the date of publication of the 

Federal Register of this Notice of 

Continuation in accordance with 19 

CFR 351.218(f)(4). 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 October 2010. 

We are issuing and publishing the 

results and notice in accordance with 

sections 751(c) and 752, and 777(i)(1) of 

the Act. 

Dated: October 27, 2005. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 05–21865 Filed 11–1–05; 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 Not in Harmony 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 6, 2005, in Elkem 

Metals Company and Globe 

Metallurgical Inc., v. United States, Slip 

Op. 05–134, the Court of International 

Trade (CIT) affirmed the Final Results of 

Redetermination Pursuant to Court 

Remand (Remand Redetermination) 

issued by the Department of Commerce 

(the Department) on July 14, 2004. 

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 Compania 

Brasilieira Carbureto De Calcio (CBCC) 

and Electrosilex, S.A. (Electrosilex), as 

appropriate. 

EFFECTIVE DATE: November 2, 2005. 

66350 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 

FOR FURTHER INFORMATION CONTACT: Zev 

Primor, AD/CVD Operations, Office 4, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Ave., NW., Washington, 

DC 20230; telephone: (202) 482–4114, 

fax: (202) 482–5105. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 23, 2001, the Department 

published the final results of 

administrative review of the 

antidumping duty order on silicon 

metal from Brazil for the period July 1, 

1998, through June 30, 1999. See Silicon 

Metal from Brazil; Final Results of 

Antidumping Duty Administrative 

Review and Determination Not to 

Revoke in Part; 66 FR 11256 (February 

23, 2001) (Final Results). CBCC and 

Electrosilex filed a lawsuit challenging 

certain aspects of the Final Results. 

Specifically, CBCC argued that the 

Department used an incorrect interest 

rate to calculate its home market 

imputed credit expense, while 

Electrosilex asserted that the 

Department’s decision to apply total 

adverse facts available (AFA) was not in 

accordance with law and unsupported 

by record evidence. On April 15, 2004, 

the CIT remanded this case back to the 

Department and instructed it ’’...to 

impute anew (1) CBCC’s home–market 

credit costs and (2) Electrosilex’s margin 

of dumping for the period of review 

implicated that is in accordance with 

law and supported by substantial 

evidence on the record.’’ See Elkem 

Metals Company and Globe 

Metallurgical Inc., v. United States, Slip 

Op. 04–36. The Department issued its 

final results of remand redetermination 

on July 14, 2004. See Remand 

Redetermination. On October 6, 2005, 

the CIT affirmed the Department’s final 

results of remand redetermination in 

their entirety. 

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 

determination. 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 of unliquidated 

entries pending the expiration of the 

period to appeal the CIT’s October 6, 

2005, decision affirming the 

Department’s remand results or pending 

a final decision of the CAFC if that 

decision is appealed. Upon expiration of 

the period to appeal, or if the CIT’s 

decision is appealed and the CAFC’s 

decision is not in harmony with the 

Department’s determination in the Final 

Results, the Department will publish in 

the Federal Register a notice of 

amended final results for the 1998–1999 

administrative review of silicon metal 

from Brazil. 

We are issuing and publishing this 

notice in accordance with section 

516A(c)(1) of the Tariff Act of 1930, as 

amended. 

Dated: October 26, 2005. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–21864 Filed 11–1–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 102005B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Notice of Crab 

Rationalization Program Public 

Workshop 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public workshop. 

SUMMARY: NMFS will present a public 

workshop on the new Crab 

Rationalization Program (Program) for 

participants in the Bering Sea and 

Aleutian Islands (BSAI) king and 

Tanner crab fisheries. At this workshop, 

NMFS will review the Program, discuss 

the key Program elements, provide 

information on the application process, 

and answer questions. This workshop is 

specifically intended to address issues 

related to the Arbitration System 

portion of the Program. NMFS is 

conducting this public workshop to 

assist participants comply with the 

requirements of this new Program. 

DATES: Workshop will be held 

November 18, 2005, from 10 a.m. to 1 

p.m. Pacific standard time. 

ADDRESSES: The workshop will be held 

at the Qwest Field and Event Center, 

Room C3, 800 Occidental Ave. South, 

Seattle, WA. 

FOR FURTHER INFORMATION CONTACT: 

Glenn Merrill, 907–586–7228 or 

glenn.merrill@noaa.gov. 

SUPPLEMENTARY INFORMATION: On March 

2, 2005, NMFS published a final rule 

implementing the Program as 

Amendments 18 and 19 to the Fishery 

Management Plan for Bering Sea/ 

Aleutian Islands King and Tanner Crabs 

(70 FR 10174). The final rule was 

effective on April 2, 2005. 

NMFS has conducted six public 

workshops on key Program elements. 

Four of those workshops were 

conducted in March and April of 2005 

in Alaska, Oregon, and Washington to 

assist fishery participants comply with 

the requirements of the Program. At 

these workshops, NMFS reviewed the 

Program, discussed the key Program 

elements, and provided information on 

the application process. The remaining 

two workshops were held in Seattle, 

Washington in May and September of 

2005, and focused on the Arbitration 

System. 

The November 18, 2005 workshop is 

also intended to focus on the Arbitration 

System. One issue not previously 

addressed in the May and September 

workshops will be the focus. 

Specifically, NMFS will provide an 

overview of existing regulatory 

requirements which create timing 

conflicts related to the start of the crab 

fishing season, the deadline for the 

initiation of binding arbitration, and the 

deadline for initiating share matching 

under the Arbitration System (see 50 

CFR 680.20(h)(3)(iv) for more details). 

NMFS will review this timing conflict 

and provide an opportunity for public 

comments. Program elements related to 

economic data collection, monitoring 

and enforcement, electronic reporting, 

quota share and individual fishing quota 

application and transfer provisions, the 

appeals process, fee collection, and the 

loan program may be addressed 

secondarily. Additionally, NMFS will 

answer questions from workshop 

participants. For further information on 

the Program, please visit the NMFS 

Alaska Region Internet site at 

www.fakr.noaa.gov. 

Special Accommodations 

This workshop is physically 

accessible to people with disabilities. 

Requests for special accommodations 

should be directed to Glenn Merrill (see 

FOR FURTHER INFORMATION CONTACT) by 

November 10, 2005. 

Dated: October 27, 2005. 

Anne M. Lange, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–21872 Filed 11–1–05; 8:45 am] 

BILLING CODE 3510–22–S