Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices 44223 

During any administrative review 

covering all or part of a period falling 

between the first and second or third 

and fourth anniversary of the 

publication of an antidumping duty 

order under section 351.211 or a 

determination under section 

351.218(f)(4) to continue an order or 

suspended investigation (after sunset 

review), the Secretary, if requested by a 

domestic interested party within 30 

days of the date of publication of the 

notice of initiation of the review, will 

determine, consistent with FAG Italia v. 

United States, 291 F.3d 806 (Fed. Cir. 

2002), as appropriate, whether 

antidumping duties have been absorbed 

by an exporter or producer subject to the 

review if the subject merchandise is 

sold in the United States through an 

importer that is affiliated with such 

exporter or producer. The request must 

include the name(s) of the exporter or 

producer for which the inquiry is 

requested. 

Interested parties must submit 

applications for disclosure under 

administrative protective orders in 

accordance with 19 CFR 351.305. On 

January 22, 2008, the Department 

published Antidumping and 

Countervailing Duty Proceedings: 

Documents Submission Procedures; 

APO Procedures (73 FR 3634). Those 

procedures apply to administrative 

reviews included in this notice of 

initiation. Parties wishing to participate 

in any of these administrative reviews 

should ensure that they meet the 

requirements of these procedures (e.g., 

the filing of separate letters of 

appearance as discussed at 19 CFR 

351.103(d)). 

These initiations and this notice are 

in accordance with section 751(a) of the 

Tariff Act of 1930, as amended (19 

U.S.C. 1675(a)), and 19 CFR 

351.221(c)(1)(i). 

Dated: July 24, 2008. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E8–17485 Filed 7–29–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–122–840 

Revocation of Antidumping Duty Order 

on Carbon and Certain Alloy Steel Wire 

Rod from Canada 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 4, 2007, the 

Department of Commerce (‘‘the 

Department’’) initiated the sunset 

review of the antidumping duty (‘‘AD’’) 

order on carbon and certain alloy steel 

wire rod (‘‘wire rod’’) from Canada. See 

Initiation of Five-year (‘‘Sunset’’) 

Reviews, 72 FR 50659 (September 4, 

2007). Pursuant to section 751(c) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), the U.S. International Trade 

Commission (‘‘ITC’’) determined that 

revocation of the existing AD order on 

wire rod from Canada would not be 

likely to lead to continuation or 

recurrence of material injury to an 

industry in the United States within a 

reasonably foreseeable time. See ITC 

Final Determination: Carbon and 

Certain Alloy Steel Wire Rod from 

Brazil, Canada, Indonesia, Mexico, 

Moldova, Trinidad and Tobago, and 

Ukraine, 73 FR 41116 (July 17, 2008) 

(‘‘ITC Wire Rod Final Determination’’). 

Therefore, pursuant to section 751(d)(2) 

of the Act and 19 CFR 351.222(i)(1)(iii), 

the Department is revoking the AD order 

on wire rod from Canada. 

EFFECTIVE DATE: October 29, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Shelly Atkinson or Brandon Farlander, 

AD/CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW, Washington, DC 20230; 

telephone: (202) 482–0116 and (202) 

482–0182, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 29, 2002, the Department 

published the amended AD final 

determination and AD order on wire rod 

from Canada. See Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty 

Order: Carbon and Certain Alloy Steel 

Wire Rod from Canada, 67 FR 65944 

(October 29, 2002). On September 4, 

2007, the Department initiated, and the 

ITC instituted, the sunset review of the 

AD order on wire rod from Canada. See 

Initiation of Five-year Sunset Reviews, 

72 FR at 50659. 

As a result of the Department’s sunset 

review, the Department determined that 

revocation of the AD order would be 

likely to lead to the continuation or 

recurrence of dumping. See Carbon and 

Certain Alloy Steel Wire Rod from 

Brazil, Canada, Indonesia, Mexico, 

Moldova, Trinidad and Tobago, and 

Ukraine: Final Results of the Expedited 

Sunset Reviews of the Antidumping 

Duty Orders, 73 FR 1321 (January 8, 

2008) and accompanying Issues and 

Decision Memorandum. The 

Department notified the ITC of the 

magnitude of the margin likely to 

prevail were the AD order to be revoked. 

On July 17, 2008, the ITC published 

its determination, pursuant to section 

751(c) of the Act, that revocation of the 

AD order on wire rod from Canada 

would not be likely to lead to 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time. See ITC Wire Rod Final 

Determination, at 73 FR at 41116; and 

Carbon and Certain Alloy Steel Wire 

Rod from Brazil, Canada, Indonesia, 

Mexico, Moldova, Trinidad and Tobago, 

and Ukraine, USITC Pub. 4014, 

Investigation Nos. 701–TA–417 and 

731–TA–953, 954, 957–959, 961, and 

962 (Review) (June 2008). 

Scope of the Orders 

The merchandise subject to these 

orders is certain hot–rolled products of 

carbon steel and alloy steel, in coils, of 

approximately round cross section, 5.00 

mm or more, but less than 19.00 mm, in 

solid cross-sectional diameter. 

Specifically excluded are steel 

products possessing the above–noted 

physical characteristics and meeting the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) definitions for 

(a) stainless steel; (b) tool steel; (c) high 

nickel steel; (d) ball bearing steel; and 

(e) concrete reinforcing bars and rods. 

Also excluded are (f) free machining 

steel products (i.e., products that 

contain by weight one or more of the 

following elements: 0.03 percent or 

more of lead, 0.05 percent or more of 

bismuth, 0.08 percent or more of sulfur, 

more than 0.04 percent of phosphorus, 

more than 0.05 percent of selenium, or 

more than 0.01 percent of tellurium). 

Also excluded from the scope are 

1080 grade tire cord quality wire rod 

and 1080 grade tire bead quality wire 

rod. Grade 1080 tire cord quality rod is 

defined as: (i) grade 1080 tire cord 

quality wire rod measuring 5.0 mm or 

more but not more than 6.0 mm in 

cross-sectional diameter; (ii) with an 

average partial decarburization of no 

more than 70 microns in depth 

(maximum individual 200 microns); (iii) 

having no non–deformable inclusions 

greater than 20 microns and no 

deformable inclusions greater than 35 

microns; (iv) having a carbon 

segregation per heat average of 3.0 or 

better using European Method NFA 04–

114; (v) having a surface quality with no 

surface defects of a length greater than 

0.15 mm; (vi) capable of being drawn to 

a diameter of 0.30 mm or less with 3 or 

fewer breaks per ton, and (vii) 

containing by weight the following 

elements in the proportions shown: (1) 

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44224 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices 

1Effective July 1, 2008, U.S. Customs and Border 

Protection (‘‘CBP’’) reclassified certain HTSUS 

numbers related to the subject merchandise. See 

http: //hotdocs.usitc.gov/ tariff--chapters--current/ 

toc.html. 

0.78 percent or more of carbon, (2) less 

than 0.01 percent of aluminum, (3) 

0.040 percent or less, in the aggregate, 

of phosphorus and sulfur, (4) 0.006 

percent or less of nitrogen, and (5) not 

more than 0.15 percent, in the aggregate, 

of copper, nickel and chromium. 

Grade 1080 tire bead quality rod is 

defined as: (i) grade 1080 tire bead 

quality wire rod measuring 5.5 mm or 

more but not more than 7.0 mm in 

cross-sectional diameter; (ii) with an 

average partial decarburization of no 

more than 70 microns in depth 

(maximum individual 200 microns); (iii) 

having no non–deformable inclusions 

greater than 20 microns and no 

deformable inclusions greater than 35 

microns; (iv) having a carbon 

segregation per heat average of 3.0 or 

better using European Method NFA 04–

114; (v) having a surface quality with no 

surface defects of a length greater than 

0.2 mm; (vi) capable of being drawn to 

a diameter of 0.78 mm or larger with 0.5 

or fewer breaks per ton; and (vii) 

containing by weight the following 

elements in the proportions shown: (1) 

0.78 percent or more of carbon, (2) less 

than 0.01 percent of soluble aluminum, 

(3) 0.040 percent or less, in the 

aggregate, of phosphorus and sulfur, (4) 

0.008 percent or less of nitrogen, and (5) 

either not more than 0.15 percent, in the 

aggregate, of copper, nickel and 

chromium (if chromium is not 

specified), or not more than 0.10 percent 

in the aggregate of copper and nickel 

and a chromium content of 0.24 to 0.30 

percent (if chromium is specified). For 

purposes of grade 1080 tire cord quality 

wire rod and grade 1080 tire bead 

quality wire rod, an inclusion will be 

considered to be deformable if its ratio 

of length (measured along the axis - that 

is, the direction of rolling - of the rod) 

over thickness (measured on the same 

inclusion in a direction perpendicular 

to the axis of the rod) is equal to or 

greater than three. The size of an 

inclusion for purposes of the 20 microns 

and 35 microns limitations is the 

measurement of the largest dimension 

observed on a longitudinal section 

measured in a direction perpendicular 

to the axis of the rod. This measurement 

methodology applies only to inclusions 

on certain grade 1080 tire cord quality 

wire rod and certain grade 1080 tire 

bead quality wire rod that are entered, 

or withdrawn from warehouse, for 

consumption on or after July 24, 2003. 

The designation of the products as 

‘‘tire cord quality’’ or ‘‘tire bead quality’’

indicates the acceptability of the 

product for use in the production of tire 

cord, tire bead, or wire for use in other 

rubber reinforcement applications such 

as hose wire. These quality designations 

are presumed to indicate that these 

products are being used in tire cord, tire 

bead, and other rubber reinforcement 

applications, and such merchandise 

intended for the tire cord, tire bead, or 

other rubber reinforcement applications 

is not included in the scope. However, 

should petitioners or other interested 

parties provide a reasonable basis to 

believe or suspect that there exists a 

pattern of importation of such products 

for other than those applications; end–

use certification for the importation of 

such products may be required. Under 

such circumstances, only the importers 

of record would normally be required to 

certify the end use of the imported 

merchandise. All products meeting the 

physical description of subject 

merchandise that are not specifically 

excluded are included in this scope. 

The products subject to this order are 

currently classifiable under subheadings 

7213.91.3011, 7213.91.3015, 

7213.91.3020, 7213.91.3093, 

7213.91.4500, 7213.91.6000, 

7213.99.0030, 7213.99.0090, 

7227.20.0030, 7227.20.0080, 

7227.90.6010, 7227.90.6020, and 

7227.90.6085 of the HTSUS. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the scope of 

this proceeding is dispositive.1

Determination 

As a result of the determination by the 

ITC that revocation of the AD order is 

not likely to lead to the continuation or 

recurrence of material injury to an 

industry in the United States, the 

Department, pursuant to section 751(d) 

of the Act, is revoking the AD order on 

wire rod from Canada. Pursuant to 

section 751(d) of the Act and 19 CFR 

351.222(i)(2)(i), the effective date of 

revocation is October 29, 2007. The 

Department will notify CBP to terminate 

suspension of liquidation and collection 

of cash deposits on entries of the subject 

merchandise entered or withdrawn from 

warehouse on or after October 29, 2007. 

Entries of subject merchandise prior to 

the effective date of revocation will 

continue to be subject to suspension of 

liquidation and antidumping duty 

deposit requirements. The Department 

will complete any pending 

administrative reviews of these orders 

and will conduct administrative reviews 

of subject merchandise entered prior to 

the effective date of revocation in 

response to appropriately filed requests 

for review. 

These five-year sunset reviews and 

notice are in accordance with section 

751(d)(2) of the Act and published 

pursuant to section 777(i)(1) of the Act. 

Dated: July 23, 2008. 

David Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–17481 Filed 7–29–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XJ23 

Endangered Species; File No. 10027 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Issuance of permit. 

SUMMARY: Notice is hereby given that 

the Center for Biodiversity and 

Conservation, American Museum of 

Natural History (AMNH), Central Park 

West at 79th Street, New York, New 

York 10024, has been issued a permit to 

take green (Chelonia mydas) and 

hawksbill (Eretmochelys imbricata) sea 

turtles for purposes of scientific 

research. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; 

Pacific Islands Region, NMFS, 1601 

Kapiolani Blvd., Rm 1110, Honolulu, HI 

96814–4700; phone (808)944–2200; fax 

(808)973–2941. 

FOR FURTHER INFORMATION CONTACT: 

Amy Hapeman or Patrick Opay, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On 

November 16, 2007, notice was 

published in the Federal Register (72 

FR 64584) that a request for a scientific 

research permit to take green and 

hawksbill sea turtles had been 

submitted by the above-named 

organization. The requested permit has 

been issued under the authority of the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.) 

and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226). 

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