Initiation of Five-year (“Sunset”) Review, 24222-24223 [E8-9710]

Download as PDF 24222 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Notices materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation, which is subject to sanction. We are issuing and publishing this determination and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act. Dated: April 28, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix - List of Comments in the Issues and Decision Memorandum ACA Comment 1. Reclassification of ACA’s Reported Testing and Homogenization Expenses Comment 2. Date of Sale and Selection of the United Kingdom as the Third– Country Market Comment 3. Whether Sales to the United Kingdom Are Representative Comment 4. Issues Related to the Cost of Production Seylinco Comment 5. Revocation [FR Doc. E8–9729 Filed 5–1–08; 8:45 am] BILLING CODE 3510–DR–S DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five–year (‘‘Sunset’’) Review Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: Background Import Administration, International Trade Administration, Department of Commerce SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating a five–year review (‘‘Sunset Review’’) of the antidumping duty order listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five–year Review which covers the same order. EFFECTIVE DATE: May 2, 2008. FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Ave., NW, Washington, DC 20230. For information from the Commission contact Mary Messer, Office of AGENCY: The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five– year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3 – Policies Regarding the Conduct of Five–year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty order: DOC Case No. ITC Case No. Country Product Department Contact A–570–877 ................................................. 731–TA–1010 PRC Lawn and Garden Steel Fence Posts Andrea Berton (202) 482–4037 mstockstill on PROD1PC66 with NOTICES Filing Information As a courtesy, we are making information related to Sunset proceedings, including copies of the pertinent statute and Department’s regulations, the Department’s schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department’s sunset Internet Web site at the following address: ‘‘https://ia.ita.doc.gov/sunset/.’’ All submissions in this Sunset Review must be filed in accordance with the Department’s regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for this proceeding. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. VerDate Aug<31>2005 17:34 May 01, 2008 Jkt 214001 Because deadlines in Sunset Reviews can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (‘‘APO’’) immediately following publication in the Federal Register of the notice of initiation of the sunset review. The Department’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Information Required from Interested Parties Domestic interested parties (defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to participate in this Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department’s regulations, if we do not receive a notice PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the order without further review. See 19 CFR 351.218(d)(1)(iii). If we receive an order–specific notice of intent to participate from a domestic interested party, the Department’s regulations provide that all parties wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order–specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department’s information requirements are distinct from the Commission’s information requirements. Please consult the Department’s regulations for information regarding the Department’s E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Notices conduct of Sunset Reviews.1 Please consult the Department’s regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: April 25, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–9710 Filed 5–1–08; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration Exporters’ Textile Advisory Committee; Notice of Meeting Postponement The meeting of the Exporters’ Textile Advisory Committee, scheduled for May 8, 2008 in Los Angeles California, has been postponed until further notice For further information contact Larry Brill at (202) 482-1856. Dated: April 28, 2008. R. Matthew Priest, Chairman, Committee for Implementation of Textile Agreements. [FR Doc. E8–9723 Filed 5–1–08; 8:45 am] DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XH14 Incidental Takes of Marine Mammals During Specified Activities; Marine Geophysical Surveys in the Eastern Tropical Pacific Ocean in 2008 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental take authorization. AGENCY: In accordance with regulations implementing the Marine SUMMARY: mstockstill on PROD1PC66 with NOTICES SUPPLEMENTARY INFORMATION: Background BILLING CODE 3510–DR–S 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. 17:17 May 01, 2008 Copies of the application, IHA, the Environmental Assessment of Two Marine Geophysical Surveys by the R/V Marcus G. Langseth in the Eastern Tropical Pacific, 2008, prepared for the L-DEO and the National Science Foundation (NSF) by the LGL Ltd., and/ or a list of references used in this document may be obtained by writing to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225, or by telephoning one of the contacts listed here (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, (301) 713–2289, ext 137. ADDRESSES: BILLING CODE 3510–DR–S VerDate Aug<31>2005 Mammal Protection Act (MMPA), notification is hereby given that an Incidental Harassment Authorization to take marine mammals, by Level-B harassment, incidental to conducting two marine geophysical surveys by the Lamont-Doherty Earth Observatory (LDEO) in the Eastern Tropical Pacific Ocean (ETP), has been issued for a period of one year. DATES: The authorization is effective from April 24, 2008, until April 23, 2009. Jkt 214001 Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for certain subsistence uses, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ’’...an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 24223 through effects on annual rates of recruitment or survival.’’ Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Section 101(a)(5)(D) establishes a 45– day time limit for NMFS review of an application followed by a 30–day public notice and comment period on any proposed authorization for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Request L-DEO submitted to NMFS an application from L-DEO for the taking, by Level B harassment, of several species of marine mammals incidental to conducting, with research funding from the NSF, two marine seismic surveys in the ETP. This project would be conducted with L-DEO’s new seismic vessel, the R/V Marcus G. Langseth (Langseth), which would deploy different configurations of airguns and a different bottom-mapping sonar than used previously by L-DEO. The first survey was planned to be approximately 39 days between September and October 2007, and the second one approximately 6 days in between November and December 2007. However, due to scheduling issues with the vessel, the 39–day survey is rescheduled to June and August 2008, and the 6–day survey to April and May 2008. Description of the Specified Activity The April-May 6–day survey would examine two important types of seismic behavior of the Quebrada, Discovery, and Gofar fault systems (QDG) to understand better the behavior of earthquakes and faults in general. The June-August 39–day survey would obtain seismic reflection imaging of the internal structure of the magmatic-hydrothermal system at the fast-spreading mid-ocean ridge of the East Pacific Rise (EPR). E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Notices]
[Pages 24222-24223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9710]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-year (``Sunset'') Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, 
as amended (``the Act''), the Department of Commerce (``the 
Department'') is automatically initiating a five-year review (``Sunset 
Review'') of the antidumping duty order listed below. The International 
Trade Commission (``the Commission'') is publishing concurrently with 
this notice its notice of Institution of Five-year Review which covers 
the same order.

EFFECTIVE DATE: May 2, 2008.

FOR FURTHER INFORMATION CONTACT: The Department official identified in 
the Initiation of Review section below at AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street & Constitution Ave., NW, Washington, DC 20230. 
For information from the Commission contact Mary Messer, Office of 
Investigations, U.S. International Trade Commission at (202) 205-3193.

SUPPLEMENTARY INFORMATION:

Background

    The Department's procedures for the conduct of Sunset Reviews are 
set forth in its Procedures for Conducting Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of Sunset Reviews is set forth in the Department's Policy 
Bulletin 98.3 - Policies Regarding the Conduct of Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders; 
Policy Bulletin, 63 FR 18871 (April 16, 1998).

Initiation of Review

    In accordance with 19 CFR 351.218(c), we are initiating the Sunset 
Review of the following antidumping duty order:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      DOC Case No.                         ITC Case No.     Country                 Product                      Department Contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-570-877..............................................     731-TA-1010          PRC   Lawn and Garden Steel Fence Posts   Andrea Berton (202) 482-4037
--------------------------------------------------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to Sunset 
proceedings, including copies of the pertinent statute and Department's 
regulations, the Department's schedule for Sunset Reviews, a listing of 
past revocations and continuations, and current service lists, 
available to the public on the Department's sunset Internet Web site at 
the following address: ``https://ia.ita.doc.gov/sunset/.'' All 
submissions in this Sunset Review must be filed in accordance with the 
Department's regulations regarding format, translation, service, and 
certification of documents. These rules can be found at 19 CFR 351.303.
    Pursuant to 19 CFR 351.103(c), the Department will maintain and 
make available a service list for this proceeding. To facilitate the 
timely preparation of the service list(s), it is requested that those 
seeking recognition as interested parties to a proceeding contact the 
Department in writing within 10 days of the publication of the Notice 
of Initiation.
    Because deadlines in Sunset Reviews can be very short, we urge 
interested parties to apply for access to proprietary information under 
administrative protective order (``APO'') immediately following 
publication in the Federal Register of the notice of initiation of the 
sunset review. The Department's regulations on submission of 
proprietary information and eligibility to receive access to business 
proprietary information under APO can be found at 19 CFR 351.304-306.

Information Required from Interested Parties

    Domestic interested parties (defined in section 771(9)(C), (D), 
(E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to 
participate in this Sunset Review must respond not later than 15 days 
after the date of publication in the Federal Register of this notice of 
initiation by filing a notice of intent to participate. The required 
contents of the notice of intent to participate are set forth at 19 CFR 
351.218(d)(1)(ii). In accordance with the Department's regulations, if 
we do not receive a notice of intent to participate from at least one 
domestic interested party by the 15-day deadline, the Department will 
automatically revoke the order without further review. See 19 CFR 
351.218(d)(1)(iii).
    If we receive an order-specific notice of intent to participate 
from a domestic interested party, the Department's regulations provide 
that all parties wishing to participate in the Sunset Review must file 
complete substantive responses not later than 30 days after the date of 
publication in the Federal Register of this notice of initiation. The 
required contents of a substantive response, on an order-specific 
basis, are set forth at 19 CFR 351.218(d)(3). Note that certain 
information requirements differ for respondent and domestic parties. 
Also, note that the Department's information requirements are distinct 
from the Commission's information requirements. Please consult the 
Department's regulations for information regarding the Department's

[[Page 24223]]

conduct of Sunset Reviews.\1\ Please consult the Department's 
regulations at 19 CFR Part 351 for definitions of terms and for other 
general information concerning antidumping and countervailing duty 
proceedings at the Department.
    This notice of initiation is being published in accordance with 
section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: April 25, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
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    \1\ In comments made on the interim final sunset regulations, a 
number of parties stated that the proposed five-day period for 
rebuttals to substantive responses to a notice of initiation was 
insufficient. This requirement was retained in the final sunset 
regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 
351.302(b), however, the Department will consider individual 
requests for extension of that five-day deadline based upon a 
showing of good cause.
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[FR Doc. E8-9710 Filed 5-1-08; 8:45 am]
BILLING CODE 3510-DR-S

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