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18374 Federal Register / Vol. 70, No.

68 / Monday, April 11, 2005 / Notices

[FR Doc. 05–7266 Filed 4–8–05; 8:45 am] that it maintains the specified Final Results’’). This review covered
BILLING CODE 3510–DS–M dimensions of plate following such one producer/exporter, ALZ N.V. In the
processing. Excluded from the scope of First Review Final Results, the
this review are the following: (1) plate Department found three equity
DEPARTMENT OF COMMERCE not in coils, (2) plate that is not purchases to confer countervailable
annealed or otherwise heat treated and subsidies: 1) the Government of
International Trade Administration pickled or otherwise descaled, (3) sheet Belgium’s (‘‘GOB’’) purchases of the
(C–423–809) and strip, and (4) flat bars. In addition, SIDMAR Group’s (‘‘Sidmar’’) common
certain cold–rolled stainless steel plate and preference shares in 1984; 2) the
Stainless Steel Plate in Coils from in coils is also excluded from the scope GOB’s purchases of ALZ N.V.’s (‘‘ALZ’’)
Belgium: Notice of Amended Final of this order.1 The excluded cold–rolled common and preference shares in 1985;
Results of Countervailing Duty stainless steel plate in coils is defined as and 3) the GOB’s 1985 debt–to-equity
Administrative Review that merchandise which meets the conversion for Sidmar.
physical characteristics described above On July 11, 2003, the Court of
AGENCY: Import Administration, that has undergone a cold–reduction International Trade (‘‘CIT’’) remanded to
International Trade Administration, process that reduced the thickness of the Department its determination in the
Department of Commerce. the steel by 25 percent or more, and has First Review Final Results. See ALZ N.V.
SUMMARY: The United States Court of been annealed and pickled after this v. United States, 283 F. Supp. 2d 1302
International Trade has affirmed the cold reduction process. (CIT 2003). In its remand order, the CIT
Department of Commerce’s The merchandise covered by this directed the Department 1) to apply the
redetermination pursuant to remand order is currently classifiable in the equityworthiness methodology in
regarding the administrative review of Harmonized Tariff Schedule of the existence at the time of the original
the countervailing duty order on United States (‘‘HTSUS’’) at petition to the 1984 and 1985 equity
stainless steel plate in coils from subheadings 7219.11.00.30, investments into Sidmar, and the 1985
Belgium covering the period September 7219.11.00.60, 7219.12.00.06, equity investment into ALZ; and 2) (a)
4, 1998, through December 31, 1999. See 7219.12.00.21, 7219.12.00.26, to scrutinize more closely the terms of
ALZ N.V. v. United States, Slip Op. 04– 7219.12.00.51, 7219.12.00.56, the Memorandum of Understanding
38, Court No. 01–00834 (CIT April 22, 7219.12.00.66, 7219.12.00.71, regarding the purchase of Sidmar’s
2004). Although the Department of 7219.12.00.81, 7219.31.00.10, common and preference shares to
Commerce appealed the United States 7219.90.00.10, 7219.90.00.20, determine whether such document
Court of International Trade’s decision 7219.90.00.25, 7219.90.00.60, indicates a binding decision to invest;
to the United States Court of Appeals for 7219.90.00.80, 7220.11.00.00, (b) to re–examine the record for any
the Federal Circuit, the Department of 7220.20.10.10, 7220.20.10.15, additional evidence regarding the date
Commerce did not further pursue this 7220.20.10.60, 7220.20.10.80, upon which the GOB decided to invest
appeal, and the United States Court of 7220.20.60.05, 7220.20.60.10, in Sidmar’s common shares; and (c) to
Appeals for the Federal Circuit 7220.20.60.15, 7220.20.60.60, explain the Department’s reasoning for
dismissed the case. As there is now a 7220.20.60.80, 7220.90.00.10, choosing the date it finds to be the date
final and conclusive court decision in 7220.90.00.15, 7220.90.00.60, and the GOB decided to invest.
this case, we are amending the final Although we disagreed with the CIT’s
7220.90.00.80. Although the HTSUS
results of review and we will instruct instructions to apply the
headings are provided for convenience
U.S. Customs and Border Protection to equityworthiness methodology in
and customs purposes, the written existence at the time the original
liquidate entries subject to this review. description of the scope is dispositive. petition in the investigation was filed
EFFECTIVE DATE: April 11, 2005.
Background (instead of the methodology that was in
FOR FURTHER INFORMATION CONTACT: place at the time the request for
Melani Miller Harig or Marc Rivitz, AD/ On August 27, 2001, the Department
administrative review in the proceeding
CVD Operations, Office 1, Import of Commerce (‘‘the Department’’)
in question was made, consistent with
Administration, U.S. Department of published its final results of
19 CFR 351.702(a)(2)) to the 1984 and
Commerce, Room 3099, 14th Street and administrative review of the
1985 equity investments into Sidmar
Constitution Avenue, NW, Washington, countervailing duty order on stainless
and the 1985 equity investment into
DC 20230; telephone (202) 482–0116 steel plate in coils from Belgium
ALZ, the Department complied with the
and (202) 482–1382, respectively. covering the period September 4, 1998 CIT’s remand instructions and issued
through December 31, 1999. See the final results of redetermination on
Stainless Steel Plate in Coils from December 10, 2003. See Final Results of
Scope of the Order Belgium: Final Results of Countervailing Redetermination Pursuant to Court
Imports covered by the order are Duty Administrative Review, 66 FR Remand: ALZ N.V. v. United States,
shipments of certain stainless steel plate 45007 (August 27, 2001) (‘‘First Review Slip Op. 03–81, Court No. 01–00834
in coils. Stainless steel is an alloy steel 1 We note that, although the scope of the original
(CIT July 11, 2003) (‘‘Final Results of
containing, by weight, 1.2 percent or order was revised (see Notice of Amended Redetermination’’). As explained in the
less of carbon and 10.5 percent or more Countervailing Duty Orders; Certain Stainless Steel Final Results of Redetermination, we
of chromium, with or without other Plate in Coils from Belgium, Italy, and South Africa, made changes to the Department’s
elements. The subject plate products are 68 FR 11524 (March 11, 2003)), the revised scope findings in the First Review Final
did not take effect until March 11, 2003. Thus, the
flat–rolled products, 254 mm or over in revised scope is not applicable to the instant
Results relating to the GOB’s 1984 and
width and 4.75 mm or more in proceeding because this proceeding covered a time 1985 equity infusions in Sidmar and
thickness, in coils, and annealed or period (September 4, 1998 through December 31, ALZ. Specifically, after applying the
otherwise heat treated and pickled or 1999) prior to that date. On March 11, 2003, the equityworthiness methodology in
Department revised the HTSUS numbers from the
otherwise descaled. The subject plate original scope description to take into account
existence at the time the petition was
may also be further processed (e.g., changes to the HTSUS numbers themselves since filed and based upon our
cold–rolled, polished, etc.) provided that time. reconsideration, we determined that 1)

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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Notices 18375

ALZ was equityworthy at the time of the to calculate subsidy rates on an annual Atmospheric Administration (NOAA),
1985 investment, and the GOB’s basis, we calculated a 1998 rate and a Commerce.
purchase of ALZ’s common and 1999 rate for ALZ. The rate calculated ACTION: Notice.
preference shares in 1985 was not a for 1998 will be applicable only to
countervailable subsidy; 2) Sidmar was entries, or withdrawals from warehouse, SUMMARY: NMFS issues this notice to
equityworthy at the time of the 1984 for consumption made on or after owners and leaseholders of all vessels
investment, and the GOB’s purchase of September 4, 1998 and on or before listed in this document to submit a
Sidmar’s common and preference shares December 31, 1998. Historical Catcher Vessel Economic Data
in 1984 was not a countervailable The amended individual subsidy rates Report (EDR) for each vessel that made
subsidy; and 3) Sidmar was for ALZ for the First Review Final at least one crab landing in the Crab
equityworthy in 1985, but the Results are as follows: Rationalization (CR) fisheries in any of
conversion of Sidmar’s debt to equity the calendar years 1998, 2001, or 2004.
(convertible profit–sharing bonds to Producer/Exporter (Applica- Net Subsidy A Historical Catcher Vessel EDR must
parts beneficiaires) was a ble Year) Rate be submitted for each year 1998, 2001
countervailable subsidy because the and 2004, pursuant to the Magnuson-
ALZ N.V. (1998) ................... 1.36 percent Stevens Fishery Conservation and
price paid by the GOB exceeded the
ALZ N.V. (1999) ................... 0.97 percent
adjusted market value of Sidmar’s Management Act (Magnuson-Stevens
common stock. As a result of the Final Act) and applicable regulations. The
The Department will issue
Results of Redetermination, we intent of this action is to provide notice
appraisement instructions directly to
recalculated the margin for ALZ. for an evaluation of the economic effects
On April 22, 2004, the CIT issued an the CBP. The Department will instruct
of the CR.
order without an opinion affirming the the CBP to assess appropriate
DATES: The completed Historical
Department’s Final Results of countervailing duties on the relevant
entries of the subject merchandise Catcher Vessel EDR for each vessel
Redetermination. See ALZ N.V. v. identified in Table A in this notice must
United States, Slip Op. 04–38, Court No. covered by this review. In accordance
with section 703(d) of the Act, be received by July 11, 2005.
01–00834 (CIT April 22, 2004) (‘‘ALZ v. ADDRESSES: Submit the completed
United States’’). On May 11, 2004, countervailing duties will not be
assessed on entries made during the Historical Catcher Vessel EDR to the
consistent with the decision of the
United States Court of Appeals for the period January 2, 1999 through May 10, Pacific States Marine Fisheries
1999. Commission, 205 SE Spokane, Suite
Federal Circuit (‘‘Federal Circuit’’) in 100, Portland, OR 97202. A copy of the
Timken Co. v. United States, 893 F. 2d We will also instruct the CBP to
collect cash deposits of estimated Historical Catcher Vessel EDR may be
337 (Federal Circuit 1990), the
Department notified the public that the countervailing duties at the 1999 rate on downloaded at http://
the f.o.b. value of all shipments of the www.fakr.noaa.gov/sustainablefisheries/
CIT’s decision in ALZ v.United States crab/crfaq.htm. You are advised to
was ‘‘not in harmony’’ with the First subject merchandise from ALZ entered,
or withdrawn from warehouse, for carefully follow all instructions on the
Review Final Results. See Stainless Steel Historical Catcher Vessel EDR.
Plate in Coils From Belgium: Notice of consumption on or after the date of
publication of this notice. The cash FOR FURTHER INFORMATION CONTACT:
Decision of the Court of International
Trade, 69 FR 26075 (May 11, 2004). deposit rates for all other companies not Geana Tyler by e-mail at:
On June 24, 2004, the Department covered by this review are not changed alaskalcrab@psmfc.org, or toll free at
appealed the CIT’s decision to the by the amended final results of this 1–877–741–8913.
Federal Circuit. The Department did not review. SUPPLEMENTARY INFORMATION: The final
further pursue this appeal, and the This notice is issued and published in rule implementing the CR Program was
Federal Circuit dismissed the case on accordance with section 751(a)(1) of the published in the Federal Register on
October 28, 2004. As there is now a final Act. March 2, 2005 (70 FR 10174). It requires
and conclusive court decision in this Dated: April 4, 2005. submission of historical economic data
action, we are amending our final Joseph A. Spetrini,
from owners and leaseholders of
results of review and we will instruct selected catcher vessels that made
Acting Assistant Secretary for Import
the U.S. Customs and Border Protection Administration.
landings in Bering Sea and Aleutian
(‘‘CBP’’) to liquidate entries subject to Islands (BSAI) CR Fisheries from 1998
[FR Doc. E5–1658 Filed 4–8–05; 8:45 am]
this review. to 2004. This collection of historical
data is for the purpose of evaluating the
Amended Final Results economic effects of the CR Program.
Pursuant to section 516A(e) of the The regulations implementing the
Tariff Act of 1930, as amended by the final rule at 50 CFR 680.6(a) states that
Uruguay Round Agreements Act National Oceanic and Atmospheric these catcher vessels will be identified
effective January 1, 1995 (‘‘the Act’’), we Administration by notice in the Federal Register, and
are now amending the final results of owners and leaseholders of the
administrative review of the identified vessels are required to submit
[I.D. 040505B]
countervailing duty order on stainless the Historical Catcher Vessel EDR based
steel plate in coils from Belgium for the Fisheries of the Exclusive Economic on selected years. Pursuant to the final
period September 4, 1998 through Zone Off Alaska; Notice of rule, NMFS has selected calendar years
December 31, 1999. Requirement to Submit a Historical 1998, 2001 and 2004 for submission of
In the First Review Final Results, we Catcher Vessel Economic Data Report, a Historical Catcher Vessel EDR. These
calculated individual subsidy rates for Under the Crab Rationalization years are selected to coincide with the
ALZ, the only producer/exporter subject Program three historical EDR years that will be
to this administrative review. As noted submitted by BSAI crab catcher
in the First Review Final Results, AGENCY: National Marine Fisheries processors, inshore stationary floating
because it is the Department’s practice Service (NMFS), National Oceanic and processors, and shoreside processors. In

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