Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 47883 

1401 Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–3088; e-mail: 

THemingway@doc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission is needed to provide 

expert consensus advice to the 

Department of Commerce on 

management and safety issues arising 

from a spill of a hazardous material that 

took place on June 9, 2008 at the 

Department’s National Institute of 

Standards and Technology (NIST) 

laboratory in Boulder, Colorado. 

This incident has been or is being 

investigated by the Department of 

Energy’s Radiological Assistance 

Program; the NIST Ionizing Radiation 

Safety Committee; the NIST Safety, 

Health, and Environment Division; the 

Department of Commerce’s Inspector 

General; and five radiation and physics 

experts who provided their preliminary 

individual recommendations to NIST. 

The Nuclear Regulatory Commission is 

also conducting an inspection and 

review in response to the incident. 

Preliminary findings from these 

investigations suggest that the root 

causes of the incident include systemic 

organizational and cultural issues at 

NIST. Only through bringing together 

outside analysts can NIST assure itself 

and the public that the review is 

unbiased. 

The Department of Commerce now 

requires consensus advice from a group 

of scientific experts on whether (a) the 

training, safety, security, and response 

protocols, (b) the implementation of 

those protocols and internal controls, 

and (c) the management structure at the 

NIST are appropriate to ensure the safe 

operation of all NIST programs. While 

individual advice has sufficed to 

identify existing problems, the 

Department requires consensus advice 

from outside experts to identify 

measures that can be used to address the 

organizational and cultural issues in the 

future. 

The Commission shall begin its 

investigation within fourteen days of 

establishment. It shall provide an oral 

briefing of its preliminary findings to 

the Secretary within 45 days of 

beginning its investigation, and written 

findings within 90 days of beginning its 

investigation. 

II. Structure 

The Commission shall consist of 

seven members who are qualified 

experts with public or private sector 

experience in one or more of the 

following areas: 

• Management and organizational 

structure; 

• Training and human resources 

operations; 

• Laboratory management and safety; 

• Hazardous materials safety; 

• Emergency medical response; 

• Environmental safety; 

• Environmental remediation; and 

• Security for hazardous materials. 

These members shall serve as Special 

Government Employees as such 

employees are defined in 18 U.S.C. 

202(a). 

Management and support services 

shall be provided by NIST. 

III. Compensation 

Members shall receive per diem and 

travel expenses as authorized by 5 

U.S.C. 5703, as amended, for persons 

employed intermittently in the 

Government service. No other 

compensation shall be provided. 

IV. Preliminary Notice of Public 

Meeting 

The first public meeting will be held 

within fourteen days after the 

Commission is established. Details of 

this meeting will be provided in another 

Federal Register Notice, and posted on 

the Department’s Web site as soon as 

they are finalized. 

Dated: August 13, 2008. 

David K. Bowsher, 

Deputy General Counsel. 

[FR Doc. E8–19101 Filed 8–14–08; 8:45 am] 

BILLING CODE 3510–03–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–804] 

Ball Bearings and Parts Thereof from 

Japan: Amended Final Results of 

Antidumping Duty Administrative 

Review Pursuant to Final Court 

Decision 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 23, 2006, the 

United States Court of International 

Trade (CIT) sustained the Department of 

Commerce’s (the Department’s) 

redetermination on remand of the final 

results of the administrative review of 

the antidumping duty order on ball 

bearings and parts thereof from Japan 

for the period May 1, 2002, through 

April 30, 2003. Koyo Seiko Co., Ltd., 

and Koyo Corp. of U.S.A. (collectively, 

Koyo Seiko), NSK Ltd., NSK Corp., and 

NSK Precision America, Inc. 

(collectively, NSK), and NTN 

Corporation, NTN Bearing Corp. of 

America, American NTN Bearing 

Manufacturing Corp., NTN Driveshaft, 

Inc., and NTN–BCA Corp. (collectively, 

NTN) appealed the CIT’s decision to the 

United States Court of Appeals for the 

Federal Circuit (CAFC). On December 

14, 2007, the CAFC affirmed the CIT’s 

decision. Because all litigation has 

concluded, the Department is now 

issuing these amended final results of 

review. We will instruct U.S. Customs 

and Border Protection (CBP) to liquidate 

entries subject to these amended final 

results. 

EFFECTIVE DATE: August 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Schauer or Richard Rimlinger, 

AD/CVD Operations, Office 5, Import 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–0410 or (202) 482–

4477, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 15, 2004, the 

Department published the final results 

of administrative review of the 

antidumping duty order on ball bearings 

and parts thereof from Japan for the 

period May 1, 2002, through April 30, 

2003. See Antifriction Bearings and 

Parts Thereof From France, Germany, 

Italy, Japan, Singapore, and the United 

Kingdom: Final Results of Antidumping 

Duty Administrative Reviews, 

Rescission of Administrative Reviews in 

Part, and Determination To Revoke 

Order in Part, 69 FR 55574 (September 

15, 2004) (AFBs 14). Koyo Seiko, NSK, 

NTN, and Timken US Corporation 

(Timken) filed lawsuits with the CIT 

challenging the final results of AFBs 14. 

On January 31, 2006, the CIT affirmed 

the Department’s final results in part 

and remanded the case to the 

Department in part to reexamine its 

treatment of the lump–sum billing 

adjustments reported by Koyo Seiko. 

The CIT also remanded the case to the 

Department to explain its treatment of 

the high–profit sales reported by NTN. 

See NSK Ltd. v. United States, 416 F. 

Supp. 2d 1334 (CIT 2006) (NSK Ltd.). 

The Department filed its remand 

results on April 3, 2006. In those 

remand results, the Department denied 

all of the lump–sum billing adjustments 

reported by Koyo Seiko and recalculated 

the antidumping margin for Koyo Seiko 

accordingly. The Department also 

explained its treatment of the high–

profit sales reported by NTN. See 

Remand Determination NSK Ltd. v. 

United States, Consol. Court No. 04–

00519 (April 3, 2006), which is available 

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47884 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 

1Until July 1, 2004, these products were 

classifiable under tariff article codes 0304.20.60.30 

(Frozen Catfish Fillets), 0304.20.60.96 (Frozen Fish 

Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater 

Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) 

of the HTSUS. Until February 1, 2007, these 

products were classifiable under tariff article code 

0304.20.60.33 (Frozen Fish Fillets of the species 

Pangasius including basa and tra) of the HTSUS. 

at http://ia.ita.doc.gov/remands/06–

19.pdf. The results of redetermination 

affected only the calculation of the 

antidumping margin for Koyo Seiko. 

On October 23, 2006, the CIT affirmed 

the Department’s final results of remand 

redetermination. See NSK Ltd. v. United 

States, 462 F. Supp. 2d 1254 (CIT 2006). 

Koyo Seiko, NSK, and NTN appealed 

the portion of the CIT’s decision in 

which it sustained the Department’s 

treatment of non–dumped sales. Also, 

Koyo Seiko appealed the Department’s 

treatment of Koyo Seiko’s lump–sum 

billing adjustments, NSK appealed the 

Department’s decision to consider 

changing its model–match methodology 

for future reviews, and NTN appealed 

the Department’s inclusion of high–

profit sales in its calculation of normal 

value. 

On December 14, 2007, the CAFC 

affirmed the CIT’s decision. See NSK 

Ltd. v. United States, 510 F.3d 1375 

(CAFC 2007). Koyo Seiko filed a 

petition for panel rehearing and for 

rehearing en banc with the CAFC, 

which was denied on March 12, 2008. 

Because the period in which to file a 

petition for writ of certiorari with the 

United States Supreme Court has ended 

and no party filed the same, there is 

now a final and conclusive court 

decision in this case. 

Amendment to Final Results 

We are now amending the final 

results of this review to reflect the final 

and conclusive decision in this case. 

Our revised calculations for Koyo Seiko 

changed the weighted–average margin 

for ball bearings and parts thereof from 

Japan from 5.56 percent to 5.55 percent 

for the period May 1, 2002, through 

April 30, 2003. The Department will 

instruct CBP to liquidate entries of ball 

bearings and parts thereof from Japan 

exported by Koyo Seiko during the 

review period in accordance with these 

amended final results of review. We 

intend to issue the assessment 

instructions to CBP 15 days after the 

date of publication of these amended 

final results of review. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Tariff Act 

of 1930, as amended. 

Dated: August 8, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–18942 Filed 8–14–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–801] 

Amended Final Results of 

Antidumping Duty New Shipper 

Review: Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Renkey, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW, 

Washington, DC 20230; telephone: (202) 

482–2312. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 30, 2008, the Department of 

Commerce (‘‘Department’’) published in 

the Federal Register the final results of 

the new shipper reviews of the 

antidumping duty order on certain 

frozen fish fillets from the Socialist 

Republic of Vietnam (‘‘Vietnam’’). See 

Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: Final 

Results and Partial Rescission of New 

Shipper Reviews, 73 FR 36840 (June 30, 

2008) (‘‘Final Results’’) and 

accompanying Issues and Decision 

Memorandum. The period of review 

(‘‘POR’’) covered August 1, 2006, 

through January 1, 2007. On July 3, 

2008, Anvifish filed a timely ministerial 

error allegation with respect to the 

Department’s antidumping duty margin 

calculation in the Final Results. No 

other party filed ministerial error 

comments or rebuttal comments. 

Scope of the Order 

The product covered by this order is 

frozen fish fillets, including regular, 

shank, and strip fillets and portions 

thereof, whether or not breaded or 

marinated, of the species Pangasius 

Bocourti, Pangasius Hypophthalmus 

(also known as Pangasius Pangasius), 

and Pangasius Micronemus. Frozen fish 

fillets are lengthwise cuts of whole fish. 

The fillet products covered by the scope 

include boneless fillets with the belly 

flap intact (‘‘regular’’ fillets), boneless 

fillets with the belly flap removed 

(‘‘shank’’ fillets), boneless shank fillets 

cut into strips (‘‘fillet strips/finger’’), 

which include fillets cut into strips, 

chunks, blocks, skewers, or any other 

shape. Specifically excluded from the 

scope are frozen whole fish (whether or 

not dressed), frozen steaks, and frozen 

belly–flap nuggets. Frozen whole 

dressed fish are deheaded, skinned, and 

eviscerated. Steaks are bone–in, crosssection cuts of dressed fish. Nuggets are 

the belly–flaps. 

The subject merchandise will be 

hereinafter referred to as frozen ‘‘basa’’

and ‘‘tra’’ fillets, which are the 

Vietnamese common names for these 

species of fish. These products are 

classifiable under tariff article codes 

1604.19.4000, 1604.19.5000, 

0305.59.4000, 0304.29.6033 (Frozen 

Fish Fillets of the species Pangasius 

including basa and tra) of the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’).1 This order 

covers all frozen fish fillets meeting the 

above specification, regardless of tariff 

classification. Although the HTSUS 

subheading is provided for convenience 

and customs purposes, our written 

description of the scope of the order is 

dispositive. 

Ministerial Errors 

A ministerial error is defined in 

section 751(h) of the Act and further 

clarified in 19 CFR 351.224(f) as ‘‘an 

error in addition, subtraction, or other 

arithmetic function, clerical error 

resulting from inaccurate copying, 

duplication, or the like, and any other 

similar type of unintentional error 

which the Secretary considers 

ministerial.’’ Anvifish contends that the 

Department’s margin calculation 

program contains a ministerial error in 

the deduction for port electricity 

charges. Based on verification, we noted 

that for one of the shipments to its 

affiliated U.S. customer, Anvifish 

incurred additional electricity charges at 

the port. Anvifish states that in the Final 

Results, the deduction for port 

electricity charges was calculated 

incorrectly using the individual 

quantities of the CEP sales observations 

as the denominator, whereas the 

denominator should actually be the total 

quantity of all CEP sales made from that 

shipment. 

After analyzing Anvifish’s comments, 

we have determined, in accordance with 

19 CFR 351.224(e), that a ministerial 

error was made. Specifically, we agree 

with Anvifish that we used the incorrect 

denominator for the port electricity 

deduction. The language in the margin 

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