15135
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
excise tax paid, instead of the four
(i.e., April 1, 2008). Therefore, the Scope of the Order
percent CST not paid. We determine
Department is extending the time limit For purposes of the order, the
that this is a ministerial error that
for completion of the preliminary products covered are all gauges of raw,
should be corrected in accordance with
results to not later than July 30, 2008, pretreated, or primed Polyethylene
19 CFR 3 5l.224( e) of the Department鈥檚
in accordance with section 751(a)(3)(A) Terephthalate Film, Sheet and Strip,
regulations. In the benefit calculations
of the Act. whether extruded or coextruded.
for Union Territories CST program, the
We are issuing and publishing this Excluded are metallized films and other
Department erroneously based the
notice in accordance with sections finished films that have had at least one
benefit on the excise tax and the
751(a)(1) and 777(i)(1) of the Act. of their surfaces modified by the
Education CESS on the excise tax paid
application of a performance-enhancing
Dated: March 17, 2008. on MTZ鈥檚 purchases of the input,
resinous or inorganic layer of more than
Susan H. Kuhbach, instead of the four percent CST not paid
0.00001 inches thick. Imports of PET
Acting Deputy Assistant Secretary for Import on the purchases of the input. We have
film are classifiable in the Harmonized
Administration. now revised our calculations and
Tariff Schedule of the United States
calculated the benefit from the Union
[FR Doc. E8鈥?5781 Filed 3鈥?20鈥?08; 8:45 am]
(HTSUS) under item number Territories CST program by calculating
BILLING CODE 3510鈥揇S鈥揝
3920.62.00. HTSUS subheadings are four percent of the basic value, as
provided for convenience and customs reported to the Department. See
purposes. The written description of the
DEPARTMENT OF COMMERCE Memorandum to Barbara E. Tillman
scope of the order is dispositive. Through Dana Mermelstein From Elfi
International Trade Administration Blum: Analysis of Ministerial Error
Legal Authority
Allegations in Final Results of
The statute governing the correction
Countervailing Duty Review on
[C鈥?533鈥?825]
of ministerial errors directs the
Polyethylene Terephthalate Film, Sheet,
Department to establish a procedure for
Amended Final Results of and Strip from India (March 12, 2008)
the correction of ministerial errors in
Countervailing Duty Administrative (Ministerial Error Memo).
determinations within a reasonable
Review: Polyethylene Terephthalate Second, MTZ states that, for the Duty
period of time. See Section 751(h) of the
(PET) Film, Sheet, and Strip from India Entitlement Passbook Scheme (DEPS/
Tariff Act of 1930 (the Act). The DEPB), the Department鈥檚 calculation
regulations promulgated pursuant to the
Import Administration,
AGENCY: memorandum states that the benefits are
statute provide procedures for the
International Trade Administration, conferred as of the date of exportation
correction of ministerial errors, which
Department of Commerce. of the shipments for which the DEPS/
allow parties to submit comments and DEPB credits are earned. MTZ alleges
SUMMARY: On February 11, 2008, the
the Department to analyze the that the Department erred in calculating
Department of Commerce (the
comments and correct any ministerial the benefits by including the value of
Department) published the final results
errors by amendment of the credits earned on shipments made in
of the administrative review of the
determination. See 19 CFR 351.224(e). 2004 for which the license was issued
countervailing duty order on
The definition of a ministerial error in in 2005. Thus, according to MTZ, the
polyethylene terephthalate (PET) film
a countervailing duty determination is calculation of the rate for this program
from India for the period January 1,
contained in section 751(h) of the Act. does not reflect the method stated in the
2005 through December 31, 2005. See
Specifically, the Act states that a analysis memorandum, and therefore,
Polyethylene Terephthalate (PET) Film,
ministerial error includes 鈥樷?榚rrors in constitutes a ministerial error. See
Sheet, and Strip from India: Final
addition, subtraction, or other Memorandum to The File Through Dana
Results of Countervailing Duty
arithmetic function, clerical error Mermelstein From Elfi Blum:
Administrative Review, 73 FR 7708
resulting from inaccurate copying, Administrative Review of the
(February 11, 2008). On February 12,
duplication, or the like, and any other Countervailing Duty Order on
2008, in accordance with 19 CFR
type of unintentional error which the Polyethylene Terephthalate Film from
351.224(c)(2), we received timely filed
{Secretary} considers ministerial.鈥欌?? India: Revisions to the Rate Calculations
ministerial error allegations from
Thus, any issue raised by interested for MTZ Polyfilms Ltd. (MTZ) (February
respondent MTZ Polyfilms, Ltd. (MTZ).
parties as a ministerial error which is, 4, 2008) (Calculation Memo).
No other party to the proceeding filed a
in fact, the result of a methodological MTZ correctly notes the Department鈥檚
ministerial error allegation or rebuttal
decision by the Department will not be practice to treat benefits received under
comments. Based on our analysis of the
considered a ministerial error as it DEPSIDEPB as conferred as of the date
comments, the Department has revised
would not meet the statutory definition of exportation of the shipment for which
the countervailing duty rate for MTZ.
of the term. See, e.g., Tianjin Mach. Imp. the relevant DEPS/DEPB credits are
Accordingly, we are amending our final
& Exp. Corp. v. United States, 353 F. earned because it is at this point where
results.
Supp. 2d 1294, 1304 (CIT 2004). the amount of the benefit in the form of
March 21, 2008. an exemption is known. See, e.g., Final
EFFECTIVE DATE:
Allegations of Ministerial Errors
Results of Countervailing Duty
Elfi
FOR FURTHER INFORMATION CONTACT:
On February 12, 2008, MTZ timely Administrative Review: Certain Hot-
Blum or Sean Carey, AD/CVD
filed, pursuant to 19 CFR 351.224(c)(2), Rolled Carbon Steel Flat Products from
Operations, Office 6, Import
an allegation that the Department made India, 69 FR 26549 (May 13, 2004), and
Administration, International Trade
two ministerial errors in its final results accompanying Issues and Decision
Administration, U.S. Department of
mstockstill on PROD1PC66 with NOTICES
of review for MTZ. First, with respect to Memorandum at Comment 2; and Final
Commerce, 14th Street and Constitution
the Union Territories Central Sales Tax Affirmative Countervailing Duty
Avenue, NW., Washington, DC 20230;
(CST) program, MTZ alleges that the Determination: Certain Cut-to-Length
telephone: (202) 482鈥?0197, or (202)
Department miscalculated the benefit by Carbon-Quality Steel Plate from India,
482鈥?3964, respectively.
using the excise tax and the Education 64 FR 73131, 73140 (December 29,
CESS, which is an excise duty, on the 1999).
SUPPLEMENTARY INFORMATION:
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15136 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
MTZ鈥檚 rate has changed as shown
However, we disagree with MTZ that Protection Act (Moratorium Protection
below.
our inclusion in the benefit calculation Act).
of all the DEPB credits MTZ reported Information must be received by
DATES:
Net subsidy
constitutes a ministerial error. In the Manufacturer/exporter April 21, 2008
rate
original questionnaire and in the first
ADDRESSES: Information must be
and second supplemental MTZ Polyfilms, Ltd. ................. 31.25%. submitted by mail to NMFS Office of
questionnaires we asked MTZ to report
International Affairs, Attn.: Laura Cimo,
the date of shipment for all exports on
Assessment and Cash Deposit 1315 East-West Highway, Silver Spring,
which the benefits from its DEPS/DEPB
Instructions MD 20910; by E-mail to:
licenses were earned, and to report such
laura.cimo@noaa.gov; or by fax to (301)
The Department intends to issue
information for all credits earned during
713鈥?9106.
assessment instructions to U.S. Customs
the period of review (POR). In MTZ鈥檚
and Border Protection (CBP) 15 days FOR FURTHER INFORMATION CONTACT:
first supplemental response, MTZ
Laura Cimo, NMFS Office of
after the date of publication of these
reported the date of all licenses issued
International Affairs, (301) 713鈥?9090
amended final results of review to
within the POR. MTZ also reported all
ext. 132, e-mail address:
liquidate shipments of subject
credits earned under those licenses.
laura.cimo@noaa.gov.
merchandise by MTZ entered, or
However, MTZ did not report, for all of
withdrawn from warehouse, for
these credits, the dates of shipment for The
SUPPLEMENTARY INFORMATION:
consumption on or after January 1, 2005
the related exports. In the second Moratorium Protection Act, as amended
through December 31, 2005, at 31.25
supplemental response, MTZ provided by the Magnuson-Stevens Fishery
percent ad valorem. We will also
data for the DEPS/DEPB in the format Conservation and Management
instruct CBP to collect cash deposits of
requested by the Department, but did Reauthorization Act of 2006, requires
the amended estimated countervailing
not include all previously reported the United States to strengthen
duties, at this rate, on shipments of the
licenses. At verification, MTZ noted as international fishery management
subject merchandise by MTZ entered, or
a minor correction and clarification, that organizations and address IUU fishing
withdrawn from warehouse, for
it had erroneously omitted some and bycatch of PLMRs. Specifically, the
consumption on or after the date of
licenses from the data set, and provided Moratorium Protection Act requires the
publication of these amended final
the verifiers with the information for Secretary of Commerce to identify in a
results of review.
those licenses identified to the biennial report to Congress those
We are issuing and publishing these
Department. Although MTZ provided nations whose fishing vessels are
amended final results in accordance
shipment data, including date, for some engaged, or have been engaged at any
with 19 CFR 351.224(e) of the
of the licenses at verification, it failed to point during the preceding two years, in
Department鈥檚 regulations.
do so for all of the licenses originally IUU fishing. Additionally, the Secretary
reported to the Department in its first of Commerce must identify in the
Dated: March 12, 2008.
supplemental response. Thus, there biennial report those nations whose
David M. Spooner,
remained several licenses for which fishing vessels are engaged, or have
Assistant Secretary for Import
there was no shipment date reported. been engaged during the preceding
Administration.
Based on the conclusion that MTZ calendar year, in fishing activities either
[FR Doc. E8鈥?5601 Filed 3鈥?20鈥?08; 8:45 am]
reported its DEPS/DEPB licenses and in waters beyond any national
BILLING CODE 3510鈥揇S鈥揗
credits earned as we had instructed, we jurisdiction that result in bycatch of a
considered that the credits were earned PLMR, or beyond the U.S. exclusive
based on shipments made during the economic zone (EEZ) that result in
DEPARTMENT OF COMMERCE
POR. Therefore, we included in our bycatch of a PLMR shared by the United
benefit calculations all of the DEPS/ National Oceanic and Atmospheric States.
DEPB credits earned that MTZ reported. Administration The first biennial report is due to
During the course of the Congress in January 2009. The
RIN 0648鈥揦G18
administrative review, MTZ failed to Moratorium Protection Act also
identify reported DEPS/DEPB credits mandates the development of
Identification of Nations Whose
that were earned outside the POR. regulations that set forth the
Fishing Vessels Are Engaged in Illegal,
Accordingly, without the information certification procedures for nations
Unreported, or Unregulated Fishing
necessary for the Department to identify identified in the biennial report. NMFS
and/or Bycatch of Protected Living
when the benefit was conferred, we is currently in the process of developing
Marine Resources
appropriately relied on the date of the these regulations and will promulgate a
license to calculate the benefit. In final rule prior to issuing the first
National Marine Fisheries
AGENCY:
conclusion, MTZ has not established certification decisions under this
Service (NMFS), National Oceanic and
that the Department made a ministerial statute. The public will be provided an
Atmospheric Administration (NOAA),
error in its calculation of MTZ鈥檚 DEPS/ opportunity to comment on the
Commerce.
DEPB benefits. As such, no changes to proposed rule when it is published at a
ACTION: Notice; request for information.
the calculations for the Final Results are later date.
warranted. See Ministerial Error Memo. NMFS is seeking information At this time, NMFS is gathering
SUMMARY:
regarding nations whose vessels are
In accordance with 19 CFR information for the purposes of
engaged in illegal, unregulated, or
351.224(e), we have amended the final identifying nations whose fishing
mstockstill on PROD1PC66 with NOTICES
unreported (IUU) fishing or engaged in
results of the countervailing duty vessels are engaged in IUU fishing or
bycatch of protected living marine
administrative review of PET Film, fishing practices that result in bycatch
resources (PLMRs). Such information
Sheet, and Strip from India, for the of PLMRs for publication in the first
will be reviewed for the purposes of the
period January 1, 2005 to December 31, biennial report to Congress. NMFS is
identification of nations pursuant to the
2005, and the respondent MTZ, as noted soliciting from the public, other nations
High Seas Driftnet Fishing Moratorium
above. As a result of these corrections, and international organizations,
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