Taking and Importing of Marine Mammals, 26372-26373 [E8-10378]
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Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Notices
Proposed Methodology
In the recent post–preliminary
determination memorandum in the
antidumping investigations of certain
steel nails from the United Arab
Emirates and from the People’s Republic
of China, the Department announced
and applied a new targeted dumping
standard and methodology for analyzing
a targeted dumping allegation. See
Memorandum to David M. Spooner
entitled ‘‘Post–Preliminary
Determinations on Targeted Dumping,’’
from Stephen J. Claeys, dated April 21,
2008.
For future investigations, the
Department proposes to adopt this new
methodology for determining whether
targeted dumping exists. The
methodology involves a two–stage test:
the first of which addresses the pattern
requirement and the second addresses
the significant difference requirement.
All price comparisons would be done
on the basis of identical merchandise.
The test procedures described below are
the same for customer, region or time–
period targeting, even though the
example given below involves customer
targeting. The first stage of the test,
referred to as the ‘‘standard deviation
test,’’ would provide that the
Department determine, on an exporter–
specific basis, the share of the allegedly
targeted customer’s purchases of subject
merchandise, by sales value, that are at
prices more than one standard deviation
below the weighted–average price to all
customers of that exporter, targeted and
non–targeted. If that share exceeds 33
percent of the total value of the
exporter’s sales of subject merchandise
to the allegedly targeted customer, then
the pattern requirement is met. The
calculation of the standard deviation
would be done product–by-product (i.e.,
‘‘control number’’ by ‘‘control number’’)
using period of investigation (‘‘POI’’)wide average prices (weighted by sales
value) for each allegedly targeted
customer and each distinct non–targeted
customer.
If the first test is met, in the second
stage, the Department would examine
all the sales of identical merchandise by
that exporter to the allegedly targeted
customer for which the standard
deviation requirement is met and
determine the total sales value for
which the difference between (i) the
sales–weighted average price to the
allegedly targeted customer and (ii) the
next higher sales–weighted average
price to a non–targeted customer
exceeds the average price gap (weighted
by sales value) for the non–targeted
group. Each of the price gaps in the
non–targeted group would be weighted
VerDate Aug<31>2005
18:01 May 08, 2008
Jkt 214001
by the combined sales associated with
the pair of prices to non–targeted
customers that make up the gap. If the
share of the sales that meet this test
exceeds 5 percent of the total value of
sales of subject merchandise to the
allegedly 1targeted customer, the
significant difference requirement is met
and the Department would determine
that customer targeting has occurred.
Request for Comments
In addition to comments on the
methodology described above, the
Department requests comments on
appropriate criteria and standards for
the definitions of ‘‘region’’ and ‘‘time
period.’’ Please comment on the extent
to which the definitions for region and
time period in a targeted dumping
allegation should be reflective of the
industry and commercial market in the
United States.
Also, as the statute allows targeted
dumping allegations with respect to
customers, regions, or time periods, the
Department requests comment on how it
should handle multiple allegations
made with respect to one respondent,
(i.e. a respondent is allegedly targeting
certain customers and certain regions).
For example, when calculating non–
targeted customer weighted–average
sales prices in the second stage (the gap
test), should the Department exclude
sales to an allegedly targeted region?
Please also comment on what standards,
if any, the Department should adopt for
accepting an allegation of targeted
dumping. For example, should some
type of de minimis threshold apply to
the sales on which an allegation is
based, either in terms of the quantity of
control numbers or share of sales
covered? Finally, the Department
requests comment on the application of
the alternative calculation methodology
(average–to-transaction comparison) and
the conditions, if any, under which the
alternative methodology should apply to
all sales to the target even if some sales
of a control number do not pass the
targeted dumping test.
Submission of Comments
Persons wishing to comment should
file a signed original and six copies of
each set of comments within 30 days of
publication of this notice. The
Department will consider all comments
received by the close of the comment
period. Comments received after the end
of the comment period will be
considered, if possible, but their
1 For example: If non-target A’s weighted-average
price is $1.00 with total value of $100 and nontarget B’s weighted-average price is $.95 with total
value of $120, then the difference of $.05 ($1.00–
.95) would be weighted by $220 ($100 + 120).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
consideration cannot be assured. The
Department will not accept comments
accompanied by a request that a part or
all of the material be treated
confidentially because of its business
proprietary nature or for any other
reason. The Department will return such
comments and materials to the persons
submitting the comments and will not
consider them in its development of a
targeted dumping analysis. The
Department requires that comments be
submitted in written form. The
Department also requests submission of
comments in electronic form to
accompany the required paper copies.
Comments filed in electronic form
should be submitted either by e–mail to
the webmaster below, or on CD–ROM,
as comments submitted on diskettes are
likely to be damaged by postal radiation
treatment.
Comments received in electronic form
will be made available to the public in
Portable Document Format (PDF) on the
Internet at the Import Administration
website at the following address: http:/
ia.ita.doc.gov. Any questions concerning
file formatting, document conversion,
access on the Internet, or other
electronic filing issues should be
addressed to Andrew Lee Beller, Import
Administration Webmaster, at (202)
482–0866, email address: webmaster–
support@ita.doc.gov.
Dated: May 6, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–10528 Filed 5–8–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XH31
Taking and Importing of Marine
Mammals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; affirmative finding
renewal.
AGENCY:
SUMMARY: The Assistant Administrator
for Fisheries, NMFS, (Assistant
Administrator) has renewed the
affirmative finding for the Government
of Mexico under the Marine Mammal
Protection Act (MMPA). This
affirmative finding will allow yellowfin
tuna harvested in the eastern tropical
Pacific Ocean (ETP) in compliance with
the International Dolphin Conservation
E:\FR\FM\09MYN1.SGM
09MYN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Notices
Program (IDCP) by Mexican-flag purse
seine vessels or purse seine vessels
operating under Mexican jurisdiction to
be imported into the United States. The
affirmative finding was based on review
of documentary evidence submitted by
the Government of Mexico and obtained
from the Inter-American Tropical Tuna
Commission (IATTC) and the U.S.
Department of State.
DATES: Effective April 1, 2008, through
March 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Regional Administrator, Southwest
Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA
90802–4213; phone 562–980–4000; fax
562–980–4018.
SUPPLEMENTARY INFORMATION: The
MMPA, 16 U.S.C. 1361 et seq., allows
the entry into the United States of
yellowfin tuna harvested by purse seine
vessels in the ETP under certain
conditions. If requested by the
harvesting nation, the Assistant
Administrator will determine whether
to make an affirmative finding based
upon documentary evidence provided
by the government of the harvesting
nation, the IATTC, or the Department of
State.
The affirmative finding process
requires that the harvesting nation is
meeting its obligations under the IDCP
and obligations of membership in the
IATTC. Every 5 years, the government of
the harvesting nation must request an
affirmative finding and submit the
required documentary evidence directly
to the Assistant Administrator. On an
annual basis, NMFS will review the
affirmative finding and determine
whether the harvesting nation continues
to meet the requirements. A nation may
provide information related to
compliance with IDCP and IATTC
measures directly to NMFS on an
annual basis or may authorize the
IATTC to release the information to
NMFS to annually renew an affirmative
finding determination without an
application from the harvesting nation.
An affirmative finding will be
terminated, in consultation with the
Secretary of State, if the Assistant
Administrator determines that the
requirements of 50 CFR 216.24(f) are no
longer being met or that a nation is
consistently failing to take enforcement
actions on violations, thereby
diminishing the effectiveness of the
IDCP.
As a part of the affirmative finding
process set forth in 50 CFR 216.24(f), the
Assistant Administrator considered
documentary evidence submitted by the
Government of Mexico or obtained from
the IATTC and the Department of State
VerDate Aug<31>2005
18:01 May 08, 2008
Jkt 214001
and has determined that Mexico has met
the MMPA’s requirements to receive an
annual affirmative finding renewal.
After consultation with the
Department of State, the Assistant
Administrator issued the Government of
Mexico’s annual affirmative finding
renewal, allowing the continued
importation into the United States of
yellowfin tuna and products derived
from yellowfin tuna harvested in the
ETP by Mexican-flag purse seine vessels
or purse seine vessels operating under
Mexican jurisdiction. Mexico’s current
affirmative finding remains valid
through March 31, 2010, subject to
subsequent annual reviews by NMFS.
Dated: May 5, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. E8–10378 Filed 5–8–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG04
Taking and Importing of Marine
Mammals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; affirmative finding
renewal.
AGENCY:
SUMMARY: The Assistant Administrator
for Fisheries, NMFS, (Assistant
Administrator) has renewed the
affirmative finding for the Government
of Spain under the Marine Mammal
Protection Act (MMPA). This
affirmative finding will allow yellowfin
tuna harvested in the eastern tropical
Pacific Ocean (ETP) in compliance with
the International Dolphin Conservation
Program (IDCP) by Spanish-flag purse
seine vessels or purse seine vessels
operating under Spanish jurisdiction to
be imported into the United States. The
affirmative finding was based on review
of documentary evidence submitted by
the Government of Spain and obtained
from the Inter-American Tropical Tuna
Commission (IATTC) and the U.S.
Department of State.
DATES: The renewal is effective from
April 1, 2008, through March 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Regional Administrator, Southwest
Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
26373
90802–4213; phone 562–980–4000; fax
562–980–4018.
SUPPLEMENTARY INFORMATION: The
MMPA, 16 U.S.C. 1361 et seq., allows
the entry into the United States of
yellowfin tuna harvested by purse seine
vessels in the ETP under certain
conditions. If requested by the
harvesting nation, the Assistant
Administrator will determine whether
to make an affirmative finding based
upon documentary evidence provided
by the government of the harvesting
nation, the IATTC, or the Department of
State.
The affirmative finding process
requires that the harvesting nation is
meeting its obligations under the IDCP
and obligations of membership in the
IATTC. Every 5 years, the government of
the harvesting nation must request an
affirmative finding and submit the
required documentary evidence directly
to the Assistant Administrator. If
granted, NMFS will review the
affirmative finding on an annual basis
and determine whether the harvesting
nation continues to meet the
requirements. A nation may provide
information related to compliance with
IDCP and IATTC measures directly to
NMFS on an annual basis or may
authorize the IATTC to release the
information to NMFS to annually renew
an affirmative finding determination
without an application from the
harvesting nation.
An affirmative finding will be
terminated, in consultation with the
Secretary of State, if the Assistant
Administrator determines that the
requirements of 50 CFR 216.24(f) are no
longer being met or that a nation is
consistently failing to take enforcement
actions on violations, thereby
diminishing the effectiveness of the
IDCP.
As a part of the affirmative finding
process set forth in 50 CFR 216.24(f), the
Assistant Administrator considered
documentary evidence submitted by the
Government of Spain or obtained from
the IATTC and the Department of State
and has determined that Spain has met
the MMPA’s requirements to receive an
annual affirmative finding renewal.
Spain’s current 5-year affirmative
finding request remains valid through
March 31, 2010, subject to annual
review by NMFS.
After consultation with the
Department of State, the Assistant
Administrator issued the Government of
Spain’s annual affirmative finding
renewal, allowing the continued
importation into the United States of
yellowfin tuna and products derived
from yellowfin tuna harvested in the
E:\FR\FM\09MYN1.SGM
09MYN1
]]>Agencies
[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Notices]
[Pages 26372-26373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10378]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XH31
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; affirmative finding renewal.
-----------------------------------------------------------------------
SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant
Administrator) has renewed the affirmative finding for the Government
of Mexico under the Marine Mammal Protection Act (MMPA). This
affirmative finding will allow yellowfin tuna harvested in the eastern
tropical Pacific Ocean (ETP) in compliance with the International
Dolphin Conservation
[[Page 26373]]
Program (IDCP) by Mexican-flag purse seine vessels or purse seine
vessels operating under Mexican jurisdiction to be imported into the
United States. The affirmative finding was based on review of
documentary evidence submitted by the Government of Mexico and obtained
from the Inter-American Tropical Tuna Commission (IATTC) and the U.S.
Department of State.
DATES: Effective April 1, 2008, through March 31, 2009.
FOR FURTHER INFORMATION CONTACT: Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA
90802-4213; phone 562-980-4000; fax 562-980-4018.
SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows the
entry into the United States of yellowfin tuna harvested by purse seine
vessels in the ETP under certain conditions. If requested by the
harvesting nation, the Assistant Administrator will determine whether
to make an affirmative finding based upon documentary evidence provided
by the government of the harvesting nation, the IATTC, or the
Department of State.
The affirmative finding process requires that the harvesting nation
is meeting its obligations under the IDCP and obligations of membership
in the IATTC. Every 5 years, the government of the harvesting nation
must request an affirmative finding and submit the required documentary
evidence directly to the Assistant Administrator. On an annual basis,
NMFS will review the affirmative finding and determine whether the
harvesting nation continues to meet the requirements. A nation may
provide information related to compliance with IDCP and IATTC measures
directly to NMFS on an annual basis or may authorize the IATTC to
release the information to NMFS to annually renew an affirmative
finding determination without an application from the harvesting
nation.
An affirmative finding will be terminated, in consultation with the
Secretary of State, if the Assistant Administrator determines that the
requirements of 50 CFR 216.24(f) are no longer being met or that a
nation is consistently failing to take enforcement actions on
violations, thereby diminishing the effectiveness of the IDCP.
As a part of the affirmative finding process set forth in 50 CFR
216.24(f), the Assistant Administrator considered documentary evidence
submitted by the Government of Mexico or obtained from the IATTC and
the Department of State and has determined that Mexico has met the
MMPA's requirements to receive an annual affirmative finding renewal.
After consultation with the Department of State, the Assistant
Administrator issued the Government of Mexico's annual affirmative
finding renewal, allowing the continued importation into the United
States of yellowfin tuna and products derived from yellowfin tuna
harvested in the ETP by Mexican-flag purse seine vessels or purse seine
vessels operating under Mexican jurisdiction. Mexico's current
affirmative finding remains valid through March 31, 2010, subject to
subsequent annual reviews by NMFS.
Dated: May 5, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-10378 Filed 5-8-08; 8:45 am]
BILLING CODE 3510-22-S
