5514 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices 

Supplement to the Petition dated July 6, 

2007, at Exhibit 4. 

This 27.04 percent rate will be 

applied to the following seven 

responsive firms that were not selected 

as mandatory respondents: Borusan 

Mannesmann Boru, Erbosan Erciyas 

Boru Sanayii ve Ticaret A.S., Noksel 

Steel Pipe Co., Ozborsan Boru San. Ve 

Tic. A.S., Ozdemir Boru Sanayi ve 

Ticaret Ltd. Sti., Toscelik Profil Ve Sac 

End. A.S, and Yucel Boru ve Profil 

Endustrisi A.S. 

Preliminary Determination 

We preliminarily determine the 

following weighted-average dumping 

margins exist for the period April 1, 

2006 through March 31, 2007: 

Producer/Exporter 

Weightedaverage 

margin 

(percentage) 

Guven Boru Profil Sanayii ve 

Ticaret Limited Sirketi ....... 41.71 

MMZ Onur Boru Profil Uretim 

San. ve Tic. A.S ................ 41.71 

Anadolu Boru ........................ 41.71 

Ayata Metal Industry ............. 41.71 

Goktas Tube ......................... 41.71 

Kalibre Boru Sanayi ve 

Ticaret A.S ........................ 41.71 

Kerim Celik Mamulleri Imalat 

ve Ticaret .......................... 41.71 

Ozgur Boru ........................... 41.71 

Ozmak Makina ve Elektrik 

Sanayi ............................... 41.71 

Seamless Steel Tube and 

Pipe Co. (Celbor) .............. 41.71 

Umran Steel Pipe Inc. .......... 41.71 

Yusan Industries, Ltd. ........... 41.71 

Borusan Mannesmann Boru 27.04 

Erbosan Erciyas Boru 

Sanayii ve Ticaret A.S ...... 27.04 

Noksel Steel Pipe Co ........... 27.04 

Ozborsan Boru San. ve Tic. 

A.S .................................... 27.04 

Ozdemir Boru Sanayi ve 

Ticaret Ltd. Sti ................... 27.04 

Toscelik Profil ve Sac End. 

A.S .................................... 27.04 

Yucel Boru ve Profil 

Endustrisi A.S ................... 27.04 

All Others .............................. 27.04 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Tariff Act, we are directing U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of all entries of 

light-walled rectangular pipe and tube 

from Turkey that are entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. We will instruct CBP to 

require a cash deposit or the posting of 

a bond equal to the weighted-average 

margins, as indicated in the chart above, 

as follows: (1) The rate for the firms 

listed above will be the rate we have 

determined in this preliminary 

determination; (2) if the exporter is not 

a firm identified in this investigation, 

but the producer is, the rate will be the 

rate established for the producer of the 

subject merchandise; (3) the rate for all 

other producers or exporters will be 

27.04 percent. These suspension-ofliquidation instructions will remain in 

effect until further notice. 

Comission Notification 

In accordance with section 733(f) of 

the Tariff Act, we have notified the 

Commission of the Department’s 

preliminary affirmative determination. 

If the Department’s final determination 

is affirmative, the ITC will determine 

before the later of 120 days after the date 

of this preliminary determination or 45 

days after our final determination 

whether imports of light-walled 

rectangular Pipe and tube from Turkey 

are materially injuring, or threaten 

material injury to, the U.S. industry. 

Public Comment 

Interested parties are invited to 

comment on the preliminary 

determination. Interested parties may 

submit case briefs to the Department no 

later than fifty days after the date of 

publication of this notice. See 19 CFR 

351.309(c)(1)(i). Rebuttal briefs, limited 

to the issues raised in the case briefs, 

must be filed within five days from the 

deadline date for the submission of case 

briefs. See 19 CFR 351.309(d)(1) and (2). 

A list of authorities used, a table of 

contents, and an executive summary of 

issues should accompany any briefs 

submitted to the Department. Executive 

summaries should be limited to five 

pages total, including footnotes. Further, 

we request that parties submitting briefs 

and rebuttal briefs provide the 

Department with a copy of the public 

version of such briefs on diskette. 

In accordance with section 774 of the 

Tariff Act, the Department will hold a 

public hearing, if requested, to afford 

interested parties an opportunity to 

comment on arguments raised in case or 

rebuttal briefs, provided that such a 

hearing is requested by an interested 

party. If a request for a hearing is made 

in this investigation, the hearing will be 

scheduled two days after the deadline 

for submitting rebuttal briefs at the U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230, at a time and in 

a room to be determined. Parties should 

confirm by telephone, the date, time, 

and location of the hearing 48 hours 

before the scheduled date. Interested 

parties who wish to request a hearing, 

or to participate in a hearing if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Import Administration, U.S. Department 

of Commerce, Room 1870, within 30 

days of the publication of this notice. 

Requests should contain: (1) The party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of the issues to be discussed. See 

19 CFR 351.310(c). At the hearing oral 

presentations will be limited to issues 

raised in the briefs. 

This determination is issued and 

published pursuant to sections 733(f) 

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

Dated: January 23, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–1665 Filed 1–29–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–803] 

Heavy Forged Hand Tools From the 

People’s Republic of China: Notice of 

Court Decision Not in Harmony With 

Final Results of Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 18, 2008, the 

United States Court of International 

Trade (‘‘CIT’’) sustained the remand 

redetermination issued by the 

Department of Commerce (‘‘the 

Department’’) pursuant to the CIT’s 

remand order in the final results of the 

thirteenth administrative review of the 

antidumping duty orders on heavy 

forged hand tools from the People’s 

Republic of China. See Ames True 

Temper v. United States, Slip Op. 08–

8 (CIT 2008) (‘‘Ames II’’). This case 

arises out of the Department’s final 

results in the administrative review 

covering the period February 1, 2003, 

through January 31, 2004. See Heavy 

Forged Hand Tools, Finished or 

Unfinished, With or Without Handles, 

From the People’s Republic of China: 

Final Results of Antidumping Duty 

Administrative Reviews and Final 

Rescission and Partial Rescission of 

Antidumping Duty Administrative 

Reviews, 70 FR 54897 (September 19, 

2005) (‘‘Final Results’’). Consistent with 

the decision of the United States Court 

of Appeals for the Federal Circuit 

(‘‘Federal Circuit’’) in Timken Co. v. 

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

1990) (‘‘Timken’’), the Department is 

notifying the public that Ames II is not 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices 5515 

1WTA is published by Global Trade Information 

Services, Inc., which is a secondary electronic 

source based upon the publication, Monthly 

Statistics of the Foreign Trade of India, Volume II: 

Imports. See http://www.gtis.com/wta.htm. 

in harmony with the Department’s Final 

Results. 

EFFECTIVE DATE: January 30, 2008. 

FOR FURTHER INFORMATION CONTACT: Paul 

Walker, AD/CVD Operations, Office 9, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Ave., NW., Washington, 

DC 20230; telephone: (202) 482–0413. 

SUPPLEMENTARY INFORMATION: On August 

31, 2007, the CIT directed the 

Department to reopen the record and 

obtain additional evidence regarding 

Shandong Huarong Machinery Co., 

Ltd.’s (‘‘Huarong’’) production of metal 

pallets. See Ames True Temper v. 

United States, 2007 Ct. Int’l Trade 

LEXIS 131, Slip Op. 2007–133 (CIT, 

2007) (‘‘Ames I’’). Pursuant to the 

Court’s remand instructions, we issued 

supplemental questionnaires on 

September 19, 2007, and October 19, 

2007. Huarong responded to the 

questionnaires on October 17, 2007, and 

October 26, 2007, respectively. In the 

supplemental questionnaires the 

Department requested: (a) Consumption 

ratios for all factors of production 

(‘‘FOPs’’) associated with the 

production of pallets used in packing 

and shipping heavy forged hand tools; 

(b) information to select surrogate 

values for any unreported pallet making 

FOPs; and, (c) supplier distances for any 

unreported pallet making FOPs. 

The Department released the Draft 

Results of Redetermination Pursuant to 

Court Remand (‘‘Draft 

Redetermination’’) to the petitioner, 

Ames True Temper (‘‘Ames’’), and 

Huarong for comment on November 16, 

2007. No party submitted comments. On 

November 28, 2007, the Department 

filed its final results of redetermination 

pursuant to Ames I with the CIT. See 

Final Results of Redetermination 

Pursuant to Court Remand, Court No. 

05–00581, (November 28, 2007) (‘‘Final 

Redetermination’’), found at http:// 

ia.ita.doc.gov/remands/07–133.pdf. In 

the remand redetermination, the 

Department determined that welding 

wire was consumed in Huarong’s pallet 

making process and that welding wire 

should have been reported by Huarong 

as a FOP during the thirteenth review. 

The Department valued welding wire 

using publicly available Indian import 

statistics for February 2003–January 

2004 from the World Trade Atlas 

(‘‘WTA’’).1 Thus, the Department 

included the cost of welding wire in 

Huarong’s NV, including freight costs 

associated with Huarong’s purchases of 

the welding wire. On January 18, 2008, 

the CIT sustained all aspects of the 

remand redetermination made by the 

Department pursuant to the CIT’s 

remand of the Final Results. 

In its decision in Timken, 893 F.2d at 

341, the Federal Circuit held that, 

pursuant to section 516A(e) of the Tariff 

Act of 1930, as amended (‘‘the Act’’), the 

Department must publish a notice of a 

court decision that is not ‘‘in harmony’’

with a Department determination, and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

As a result of the Department’s addition 

of the welding wire consumed in 

making steel pallets in the remand 

redetermination, the CIT’s decision in 

this case on January 18, 2008, 

constitutes a final decision of the court 

that is not in harmony with the 

Department’s Final Results. This notice 

is published in fulfillment of the 

publication requirements of Timken. 

Accordingly, the Department will 

continue the suspension of liquidation 

of the subject merchandise pending the 

expiration of the period of appeal or, if 

appealed, pending a final and 

conclusive court decision. In the event 

the CIT’s ruling is not appealed or, if 

appealed, upheld by the Federal Circuit, 

the Department will instruct U.S. 

Customs and Border Protection to revise 

the cash deposit rates covering the 

subject merchandise. 

This notice is issued and published in 

accordance with section 516A(c)(1) of 

the Act. 

Dated: January 24, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 08–404 Filed 1–29–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–836] 

Notice of Preliminary Determination of 

Sales at Less Than Fair Value: LightWalled Rectangular Pipe and Tube 

From Mexico 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: January 30, 2008. 

SUMMARY: The U.S. Department of 

Commerce (the Department) 

preliminarily determines that lightwalled rectangular (LWR) pipe and tube 

from Mexico is being, or is likely to be, 

sold in the United States at less than fair 

value (LTFV), as provided in section 

733(b) of the Tariff Act of 1930, as 

amended (the Act). The estimated 

margins of sales at LTFV are listed in 

the ‘‘Suspension of Liquidation’’ section 

of this notice. Interested parties are 

invited to comment on this preliminary 

determination. 

FOR FURTHER INFORMATION CONTACT: 

Angelica Mendoza, Patrick Edwards 

(PROLAMSA), or Judy Lao 

(Maquilacero), AD/CVD Operations, 

Office 7, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–3019, (202) 482–8029, or (202) 482–

7924, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 17, 2007, the Department 

initiated the antidumping duty 

investigation of LWR pipe and tube pipe 

and tube from Mexico. See Initiation of 

Antidumping Duty Investigations: LightWalled Rectangular Pipe and Tube from 

Republic of Korea, Mexico, Turkey, and 

the People’s Republic of China, 

(Initiation Notice), 72 FR 40274 (July 24, 

2007). The petitioners in this 

investigation are Allied Tube and 

Conduit, Atlas Tube, Bull Moose Tube 

Company, California Steel and Tube, 

Hannibal Industries, Leavitt Tube 

Company, Maruichi American 

Corporation, Searing Industries, 

Southland Tube, Vest Inc., Welded 

Tube, and Western Tube and Conduit 

(collectively, petitioners). 

The Department set aside a period of 

time for parties to raise issues regarding 

product coverage and encouraged all 

parties to submit comments within 20 

calendar days of publication of the 

Initiation Notice. See Initiation Notice, 

72 FR 40274 (July 24, 2007). No parties 

submitted comments on the scope. 

On August 28, 2007, the United States 

International Trade Commission (ITC) 

preliminarily determined that there is a 

reasonable indication that imports of 

LWR pipe and tube from Korea, Mexico, 

Turkey and the People’s Republic of 

China are materially injuring the U.S. 

industry and the ITC notified the 

Department of its findings. See LightWalled Rectangular Pipe and Tube 

From China, Korea, Mexico, and Turkey 

Case Numbers: 701–TA–449 

(Preliminary) and 731–TA–1118–1121 

(Preliminary), 72 FR 49310, (August 28, 

2007). 

Section 777A(c)(1) of the Act directs 

the Department to calculate individual 

dumping margins for each known 

mstockstill on PROD1PC66 with NOTICES