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Federal Register / Vol. 73, No.

81 / Friday, April 25, 2008 / Notices 22325

Office 9, Import Administration, decision was ‘‘not in harmony’’ with the Dated: April 18, 2008.
International Trade Administration, Final Results. See Certain Stainless David M. Spooner,
U.S. Department of Commerce, 1401 Steel Butt-Weld Pipe Fittings from Assistant Secretary for Import
Constitution Avenue, NW, Washington, Taiwan: Notice of Court Decision and Administration.
DC 20230; telephone: 202–482–3208. Suspension of Liquidation, 71 FR 19873 [FR Doc. E8–9142 Filed 4–24–08; 8:45 am]
SUPPLEMENTARY INFORMATION: (April 18, 2006). BILLING CODE 3510–DS–S

BACKGROUND On June 5, 2006, Ta Chen appealed


Following publication of the Final the CIT’s decision to the CAFC. On
DEPARTMENT OF COMMERCE
Results, Ta Chen filed a lawsuit with the September 21, 2006, in Ta Chen
CIT challenging the Department’s Stainless Steel, the CAFC dismissed the International Trade Administration
findings. In Alloy Piping v. United appeal pursuant to the parties’ dismissal
States, Slip Op. 04–46 (CIT 2004) agreement. Because Alloy Piping II Implementation of Grants to
(‘‘Alloy Piping I’’), the CIT remanded the constitutes a final and conclusive court Manufacturers of Certain Worsted
Department’s final results to permit it: decision in this action, we are amending Wool Fabrics Established Under Title
(1) to reconsider the factual and legal our final results of review and we will IV of the Miscellaneous Trade and
basis for its determination concerning instruct CBP to liquidate entries subject Technical Corrections Act of 2004
the alleged reimbursement agreement; to this review. AGENCY: Department of Commerce,
(2) to reconsider its calculation of International Trade Administration.
constructed export price (‘‘CEP’’) profit; AMENDED FINAL RESULTS
ACTION: Notice Announcing the
and (3) the opportunity to fully Because no further appeals have been
articulate the reasoning underlying its Availability of Grant Funds.
filed and there is now a final and
findings, conclusions and determination conclusive decision in the court SUMMARY: This Notice announces the
on the remanded issues. proceeding, we are amending the final availability of grant funds in calendar
The Department complied with the year 2008 for U.S. manufacturers of
results of administrative review of the
CIT’s remand instructions and issued its certain worsted wool fabrics. The
Remand Results on August 16, 2004. antidumping order on certain stainless
steel butt–weld pipe fittings from purpose of this notice is to provide the
See Remand Results. In the Remand general public with a single source of
Results, the Department reconsidered its Taiwan for the period of June 1, 1998,
through May 31, 1999. The revised program and application information
decision concerning the reimbursement related to the worsted wool grant
agreement and determined that the weight-averaged dumping margin is as
follows: offerings and it contains the information
reimbursement agreement, in light of about the program required to be
the new information submitted by Ta
Chen on May 18, 2004, did not apply for Amend- published in the Federal Register.
Final ed DATES: Applications by eligible U.S.
the June 1, 1998, through May 31, 1999, Company Margin Final
period, but was instead limited to the producers of certain worsted wool
Margin
1992–1994 period. The Department also fabrics must be received or postmarked
reconsidered its CEP profit calculation Ta Chen... ........................ 12.84 6.42 by 5:00 p.m. Eastern Daylight Standard
and determined that the CEP profit Time onMay 27, 2008. Applications
equation is symmetric with regard to the received after the closing date and time
ASSESSMENT RATES
imputed interest expenses such that the will not be considered.
imputed interest expenses in the ‘‘Total The Department will determine, and ADDRESSES: Applications must be
U.S. Expenses’’ numerator are in fact CBP shall assess, antidumping duties on submitted to the Eastern Hemisphere,
reflected in recognized financial all appropriate entries. In accordance Office of Textiles and Apparel, Room
expenses in the ‘‘Total Expenses’’ with 19 CFR 351.212(b)(1), we have 3001, U.S. Department of Commerce,
denominator and the ‘‘Total Actual calculated importer-specific assessment Washington, DC 20230, (202) 482-4058.
Profit’’ multiplier. Thus, the Department rates. Where the importer-specific FOR FURTHER INFORMATION CONTACT: Jim
did not change Ta Chen’s CEP profit. As assessment rate is above de minimis on Bennett, Office of Textiles and Apparel,
a result of the remand determination, an ad valorem basis, calculated by U.S. Department of Commerce, (202)
the antidumping duty rate for Ta Chen dividing the dumping margins found on 482-4058.
was decreased from 12.84 to 6.42 examined subject merchandise by the SUPPLEMENTARY INFORMATION:
percent. The CIT did not receive estimated entered value, we will
comments from any interested parties instruct CBP to assess antidumping Electronic Access: The full funding
regarding the Department’s Remand duties on that importer’s entries of opportunity announcement for the
Results. subject merchandise. In accordance worsted wool fabrics program is
On April 6, 2006, the CIT affirmed the with 19 CFR 351.106(c)(2), we will available through FedGrants at http://
Department’s findings in the Remand instruct CBP to liquidate without regard www.grants.gov. The Catalog of Federal
Results. Specifically, the CIT affirmed to antidumping duties any entries for Domestic Assistance (CFDA) Number is
the Department’s finding that Ta Chen which the importer-specific assessment 11.113, Special Projects.
did not reimburse antidumping duties Statutory Authority: Section
rate is de minimis (i.e., less than 0.5
during the POR and the Department’s 4002(c)(6) of the Miscellaneous Trade
percent ad valorem). The Department
decision not to change Ta Chen’s CEP and Technical Corrections Act of 2004
will issue appropriate assessment
profit calculation. See Alloy Piping II. (Public Law 108-429, 118 Stat. 2603)
On April 18, 2006, consistent with the instructions directly to CBP 15 days (the ‘‘Act’’). The Act was amended
sroberts on PROD1PC70 with NOTICES

decision of the United States Court of after publication of these amended final pursuant to Section 1633 of the Pension
Appeals for the Federal Circuit in results of review. Protection Act of 2006 (Public Law 109-
Timken Co. v. United States, 893 F. 2d This notice is issued and published in 280), which extended the availability of
337 (Fed. Cir. 1990), the Department accordance with section 751(a)(1) of the grant funds through 2009 and modified
notified the public that the CIT’s Tariff Act of 1930, as amended. the eligibility criteria.

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22326 Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices

Program Description: Section reorganization or otherwise, shall be use of Standard Forms 269, 424, 424A,
4002(c)(6)(A) of the Act authorizes the eligible to apply for such grants. 424B, SF-LLL, and CD-346 has been
Secretary of Commerce to provide grants Applications to Receive Allocations: approved by the Office of Management
to persons (including firms, Applicants must provide: (1) Company and Budget (OMB) under the respective
corporations, or other legal entities) who name, address, contact and phone control numbers 0348-0039, 0348-0043,
were, during calendar years 1999, 2000, number; (2) Federal tax identification 0348-0044, 0348-0040, 0348-0046, and
and 2001, manufacturers of two number; (3) the name and address of 0605-0001. Notwithstanding any other
categories of worsted wool fabrics. The each plant or location in the United provision of law, no person is required
first category are manufacturers of States where worsted wool fabrics of the to respond to, nor shall any person be
worsted wool fabrics, containing 85 kind described in HTS 9902.51.11 or subject to a penalty for failure to comply
percent or more by weight of wool, with HTS 9902.51.15 was woven by the with, a collection of information subject
average fiber diameters greater than 18.5 applicant in 1999, 2000 and 2001; (4) to the requirements of the PRA unless
micron (Harmonized Tariff Schedule of the name and address of each plant or that collection of information displays a
the United States (HTS) heading location in the United States where the currently valid OMB control number.
9902.51.11); the total amount of applicant is weaving worsted wool Allocation Procedures: Section
available funds is $2,666,000, to be fabrics of the kind described in HTS 4002(c)(6)(A) of the Act requires that
allocated among such manufacturers on 9902.51.11 and or HTS 9902.51.15 as of each grant be allocated among eligible
the basis of the percentage of each the date of application; (5) the quantity, applicants on the basis of the percentage
manufacturers’ production of worsted in linear yards, of worsted wool fabric of each manufacturers’ production of
wool fabric included in HTS 9902.51.11. production described in HTS 9902.51.11 the fabric described in HTS 9902.51.11
The second category are manufacturers or 9902.51.15, as appropriate, woven in or HTS 9902.51.15 for calendar years
of worsted wool fabrics, containing 85 the United States in each of calendar 1999, 2000, and 2001, compared to the
percent or more by weight of wool, with years 1999, 2000 and 2001; and (6) the production of such fabric by all
average fiber diameters of 18.5 micron value of worsted wool fabric production manufacturers who qualify for such
or less (HTS heading 9902.51.15, described in HTS 9902.51.11 or grants. Following the closing date of the
previously HTS heading 9902.51.12); 9902.51.15, as appropriate, woven in the receipt of applications, the Department
the total amount of available funds is United States in each of calendar years shall calculate the appropriate
$2,666,000, to be allocated among such 1999, 2000 and 2001. This data must allocation of the allotted funds among
manufacturers on the basis of the indicate actual production (not eligible applicants in accordance with
percentage of each manufacturers’ estimates) of worsted wool fabric of the the statutory procedures. Award
production of worsted wool fabric kind described in HTS 9902.51.11 or decisions shall be final and not subject
included in HTS 9902.51.15. 9902.51.15. to appeal or protest.
At the conclusion of the application, Intergovernmental Review:
Funding Availability: The Secretary of the applicant must attest that ‘‘all
Commerce is authorized under section Applications under this program are not
information contained in the subject to Executive Order 12372,
4002(c)(6)(A) of the Act to provide application is complete and correct and
grants to manufacturers of certain ‘‘Intergovernmental Review of Federal
no false claims, statements, or Programs‘‘.
worsted wool fabrics. Funding for the representations have been made.’’
worsted wool fabrics grant program will Administrative and National Policy
Applicants should be aware that, Requirements: Department of Commerce
be provided by the Department of the generally, pursuant to 31 U.S.C. 3729,
Treasury from amounts in the Wool Pre-Award Notifications for Grants and
persons providing a false or fraudulent Cooperative Agreements, which are
Apparel Manufacturers Trust Fund (the claims, and, pursuant to 18 U.S.C. 1001,
‘‘Trust Fund’’). The total amount of contained in the Federal Register Notice
persons making materially false of December 30, 2004 (69 FR 78389), are
grants to manufacturers of worsted wool statements or representations, are
fabrics described in HTS 9902.51.11 applicable to this solicitation.
subject to civil or criminal penalties, It has been determined that this notice
shall be $2,666,000 in calendar year respectively.
2008. The total amount of grants to is not significant for purposes of E.O.
Information that is marked ‘‘business 12866.
manufacturers of worsted wool fabrics confidential’’ will be protected from Administrative Procedure/Regulatory
described in HTS 9902.51.15 shall also disclosure to the full extent permitted Flexibility: Prior notice and an
be $2,666,000 in calendar year 2008. by law. opportunity for public comment are not
Eligibility Criteria: Eligible applicants Other Application Requirements: required by the Administrative
for the worsted wool fabric program Complete applications must include the Procedure Act for rules concerning
include persons (including firms, following forms and documents: CD- public property, loans, grants, benefits,
corporations, or other legal entities) who 346, Applicant for Funding Assistance; and contracts (5 USC 553(a)(2)). Because
were, during calendar years 1999, 2000 CD-511, Certifications Regarding notice and opportunity for comment are
and 2001, manufacturers of worsted Debarment, Suspension and Other not required pursuant to 5 USC 553 or
wool fabric in the United States of the Responsibility Matters; Drug-Free any other law, the analytical
kind described in HTS 9902.51.11 or Workplace Requirements and Lobbying; requirements of the Regulatory
9902.51.15. Section 1633(b)(1)(C) of the SF-424, Application for Federal Flexibility Act (5 USC 601 et seq.) are
Pension Protection Act of 2006 provides Assistance; and SF-424B, Assurances - inapplicable. Therefore, a regulatory
that only manufacturers who weave Non-Construction Programs. The CD flexibility analysis is not required and
worsted wool fabric in the United States forms are available via web site: http:// has not been prepared.
as of the date of application shall be www.osec.doc.gov/forms/direct.htm.
eligible for grant funds. Any The SF forms are available via web site: Dated: April 21, 2008.
sroberts on PROD1PC70 with NOTICES

manufacturer who becomes a successor- http://www.whitehouse.gov/omb/grants/ R. Matthew Priest,


of-interest to a manufacturer of the grantslforms.html. Deputy Assistant Secretary for Textiles and
worsted wool fabrics described in HTS This document contains collection-of- Apparel.
9902.51.11 or HTS 9902.51.15 during information requirements subject to the [FR Doc. E8–9098 Filed 4–24–08; 8:45 am]
1999, 2000 or 2001 because of Paperwork Reduction Act (PRA). The BILLING CODE 3510–DS–S

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