[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Notices]
[Pages 3679-3680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-303]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-848]


Final Results of Countervailing Duty Expedited Review: Hard Red 
Spring Wheat From Canada

AGENCY: 
    Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: 
    On October 21, 2004, the Department of Commerce published the 
preliminary results of the expedited review of the countervailing duty 
order on hard red spring wheat from Canada. The company covered by this 
review was Richelain Farms. The period of review is August 1, 2001, 
through July 31, 2002. We gave interested parties an opportunity to 
comment on those results. None were submitted. Thus, the final results 
of the expedited review do not differ from the preliminary results, in 
which we found that countervailable

[[Page 3680]]

subsidies are not being provided to Richelain Farms.
    Based on these final results, we are excluding Richelain Farms from 
the countervailing duty order in this proceeding. We will instruct U.S. 
Customs and Border Protection to refund all collected cash deposits and 
waive future cash deposit requirements for Richelain Farms, as detailed 
in the ``Final Results of Expedited Review'' section of this notice.

EFFECTIVE DATE: 
    January 26, 2005.

FOR FURTHER INFORMATION CONTACT: Stephen Cho or Daniel Alexy, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-3798 
and (202) 482-1540, respectively.

SUPPLEMENTARY INFORMATION:

Petitioner

    The petitioner is the North Dakota Wheat Commission, one of the 
participating petitioners in the investigation.

Period of Review

    The period of review for this expedited review is the same period 
as the investigation: August 1, 2001, to July 31, 2002, which coincides 
with the fiscal year of the Canadian Wheat Board (``CWB''). See 19 CFR 
351.204(b)(2) and 19 CFR 351.214(k)(3)(i).

Background

    The preliminary results of this expedited review were published in 
the Federal Register on October 21, 2004. See Preliminary Results of 
Countervailing Duty Expedited Review: Hard Red Spring Wheat from 
Canada, 69 FR 61799 (``Preliminary Results''). In the Preliminary 
Results, we invited parties to comment. The parties neither submitted 
comments nor requested a hearing.

Scope of Review

    The products covered by this order are all varieties of hard red 
spring wheat (``HRSW'') from Canada. This includes, but is not limited 
to, varieties commonly referred to as Canada Western Red Spring, Canada 
Western Extra Strong, and Canada Prairie Spring Red. The merchandise 
subject to this order is currently classifiable under the following 
Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings: 1001.90.10.00, 1001.90.20.05, 1001.90.20.11, 
1001.90.20.12, 1001.90.20.13, 1001.90.20.14, 1001.90.20.16, 
1001.90.20.19, 1001.90.20.21, 1001.90.20.22, 1001.90.20.23, 
1001.90.20.24, 1001.90.20.26, 1001.90.20.29, 1001.90.20.35, and 
1001.90.20.96. This order does not cover imports of wheat that enter 
under the subheadings 1001.90.10.00 and 1001.90.20.96 that are not 
classifiable as hard red spring wheat. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of this proceeding is dispositive.

Final Results of Expedited Review

    The CWB represents Western Canadian wheat producers who want to 
sell their wheat in the global wheat market. The CWB enjoys certain 
powers and rights similar to those of government agencies; for example, 
under the Canadian Wheat Board Act, the CWB is a single-desk seller of 
all ``Western Division'' grain. According to the Canada Transportation 
Act, ``Western Division'' means the part of Canada lying west of the 
meridian passing through the eastern boundary of the City of Thunder 
Bay, including the whole of the Province of Manitoba.
    In the September 5, 2003, Final Affirmative Countervailing Duty 
Determinations: Certain Durum Wheat and Hard Red Spring Wheat from 
Canada, 68 FR 52747, we determined that the CWB benefitted from two 
countervailable subsidy programs: ``Provision of Government-Owned and 
Leased Railcars'' and ``Comprehensive Financial Risk Coverage: The 
Borrowing, Lending, and Initial Payment Guarantees.'' In its 
questionnaire response, Richelain Farms (``Richelain'') (the respondent 
in this expedited review), which is located in Quebec, reported that it 
never benefitted from the subsidy programs found countervailable in the 
investigation. Furthermore, Richelain reported that it has never 
purchased or exported CWB wheat, and that it has no business 
relationship with the CWB.
    At verification, the Department of Commerce (``the Department'') 
did not find any evidence that Richelain received subsidies from the 
programs found countervailable in the investigation. The Department 
also found no indication of any relationship between Richelain and the 
CWB, or that Richelain exported CWB-sourced wheat to the United States. 
See October 8, 2004, memorandum entitled, ``Verification of Richelain 
Farms in the Countervailing Duty Expedited Review of Hard Red Spring 
Wheat from Canada,'' which is on file in the Department's Central 
records Unit in Room B-099 of the main Department building. 
Accordingly, the Department determines that Richelain has not 
benefitted from any of the subsidies found countervailable in the 
investigation.
    The calculated individual subsidy rate for Richelain, the only 
respondent subject to this expedited review, is zero. Accordingly, 
pursuant to 19 CFR 351.214(k)(3)(iv), we determine that Richelain 
should be excluded from the countervailing duty order. As a result, we 
will instruct U.S. Customs and Border Protection (``CBP'') to refund 
all cash deposits of estimated countervailing duties collected on all 
shipments of HRSW produced and exported by Richelain. In addition, we 
will instruct CBP to waive cash deposit requirements of estimated 
countervailing duties on all shipments of HRSW produced and exported by 
Richelain, entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of these results.
    The results of this expedited review are published pursuant to 
sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended.

    Dated: January 19, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-303 Filed 1-25-05; 8:45 am]
BILLING CODE: 3510-DS-S