Implementation of the Findings of the WTO Dispute Settlement Panel and Appellate Body in United States - Final Anti-Dumping Measures on Stainless Steel from Mexico: Notice of Determination Under Section 129 of the Uruguay Round Agreements Act, 19527-19528 [E9-9809]

Download as PDF pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices (twine top) study from minimum twine top mesh sizes, Closed Area I Access Area (CAI) and Closed Area II Access Area (CAII) scallop vessel trip restrictions, and fish possession restrictions, should be issued for public comment. Although the Assistant Regional Administrator has not made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Sea Scallop Fishery Management Plan (FMP), NMFS seeks public comment on the exemptions the EFP is requesting. Further review and consultation may be necessary before a final determination is made. DATES: Comments must be received on or before May 14, 2009. ADDRESSES: Comments may be submitted by e–mail to DA9– 039@noaa.gov. Include in the subject line of the e–mail comment the following document identifier: ‘‘Comments on dredge twine top EFP.’’ Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, ‘‘Comments on dredge twine top EFP.’’ Comments may also be sent via facsimile (fax) to (978) 281–9135. FOR FURTHER INFORMATION CONTACT: Don Frei, Fisheries Management Specialist, phone: 978–281–9221, fax: 978–281– 9135. SUPPLEMENTARY INFORMATION: Coonamessett Farm submitted this EFP application for research activities that would assess a modified scallop dredge twine top (twine top) designed to reduce finfish bycatch while improving the retention of scallops. The subject EFP would exempt vessels from the following regulations: Ten–inch (25.4– cm) minimum twine top mesh size specified at 50 CFR 648.51(b)(2); CAI and CA II scallop vessel trip restrictions specified at § 648.81(a)(1)(vi) and (b)(1)(v); and exemptions from scallop, Northeast multispecies, monkfish, summer flounder, black sea bass, scup, spiny dogfish, and skate possession restrictions specified throughout 50 CFR part 648. The applicant states that previous twine top selectivity research found that the aft portion of the twine top is where most scallop escapement occurs, and the forward portion of the twine top is where most finfish escapement occurs. The applicant postulates, that by decreasing the mesh size to 6 inches (15.2 cm) in the aft portion of the twine top while increasing the mesh size to 12 VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 in (30.5 cm) in the forward portion of the twine top, both scallop retention and finfish escapement would increase. The experimental twine top would also have a lower hanging ratio than that of a traditionally hung twine top, with the hypothesis that this may further reduce finfish bycatch. The applicant states that, to effectively test the modified twine top, field trials must occur in areas of high finfish bycatch such as those found in the scallop Access Areas CAI and CAII. However, the CAI Access Area is closed to scallop fishing for the 2009 fishing year (March 1, 2009—February 28, 2010). The applicant requests up to three 7-day trips between May and June of 2009, in the Access Areas CAI and/ or CAII, when the access areas are closed to scallop fishing. On these trips, the applicant would compare identical dredge frames fitted with a standard twine top and a modified twine top. All scallops and finfish caught during these trips would be processed to obtain morphological data and then returned to the sea as soon as possible. In addition to testing the twine top in CAI and CAII, the applicant requests authorization to test the modified twine top on up to three fishing trips to the Delmarva Scallop Access Area (DELMARVA) and/or Elephant Trunk Access Area (ETAA). Both the DELMARVA and ETAA are open to scallop fishing in the 2009 fishing year. Exemption from scallop, Northeast multispecies, monkfish, summer flounder, black sea bass, scup, spiny dogfish, and skate possession restrictions would authorize project investigators to temporarily possess finfish for scientific data collection purposes prior to returning all finfish to the sea. Regulations under the Magnuson– Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs. The applicant may place requests for minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and minimal so as not to change the scope or impact of the initially approved EFP request. Authority: 16 U.S.C. 1801 et seq. Dated: April 24, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–9816 Filed 4–28–09; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration A–201–822 Implementation of the Findings of the WTO Dispute Settlement Panel and Appellate Body in United States - Final Anti–Dumping Measures on Stainless Steel from Mexico: Notice of Determination Under Section 129 of the Uruguay Round Agreements Act AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 31, 2009, the Department of Commerce (the Department) issued a determination regarding the dumping margin calculation in the less–than-fair–value investigation of stainless steel sheet and strip in coils (stainless steel) from Mexico challenged by Mexico before the World Trade Organization (WTO). On April 23, 2009, the U.S. Trade Representative (USTR) instructed the Department to implement in whole this determination under section 129 of the Uruguay Round Agreements Act (URAA). The Department is now implementing this determination. EFFECTIVE DATE: The effective date of this determination is April 23, 2009. FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482–2657 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: Background On December 9, 2008, the Department advised interested parties it was initiating a proceeding under section 129 of the URAA to issue a determination with respect to the investigation of stainless steel from Mexico that would implement findings of the WTO dispute settlement panel in United States - Final Anti–Dumping Measures on Stainless Steel from Mexico, WT/DS344/R (December 20, 2007). On January 12, 2009, the Department issued its preliminary results, in which it recalculated the weighted–average dumping margins from the less–than-fair–value investigation of stainless steel from Mexico1 by applying the calculation 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order; Stainless Steel Sheet and Strip in Coils Continued BILLING CODE 3510–22–S PO 00000 Frm 00043 Fmt 4703 19527 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1 19528 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices Nature of the Proceedings Section 129 of the URAA governs the nature and effect of determinations issued by the Department to implement findings by WTO dispute settlement panels and the Appellate Body. Specifically, section 129(b)(2) provides that ‘‘notwithstanding any provision of the Tariff Act of 1930,’’ within 180 days of a written request from USTR, the Department shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of Administrative Action accompanying the URAA (SAA), H.R. Doc. No. 103– 316, Vol. 1 (1994), reprinted in 1994 U.S.C.C.A.N. 3773 variously refers to such a determination by the Department as a ‘‘new,’’ ‘‘second,’’ and ‘‘different’’ determination. See SAA at 1025 and 1027. After consulting with the Department and the appropriate congressional committees, USTR may direct the Department to implement, in whole or in part, the new determination made under section 129. See 19 U.S.C. 3538(b)(4). Pursuant to section 129(c), the new determination shall apply with respect to unliquidated entries of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the date on which USTR directs the Department to implement the new determination. See 19 U.S.C. 3538(c). The new determination is subject to judicial review separate and apart from judicial review of the Department’s original determination. See 19 U.S.C. 1516a(a)(2)(B)(vii). parties to this proceeding are addressed in the final results of proceeding under section 129 of the URAA. See ‘‘Issues and Decision Memorandum for the Final Results of Proceeding Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Stainless Steel from Mexico’’ from John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, dated March 31, 2009 (Issues and Decision Memorandum), which is hereby adopted by this notice. The Issues and Decision Memorandum is on file in the Central Records Unit (CRU), room 1117 of the Department of Commerce main building and can be accessed directly at http://ia.ita.doc.gov/ download/section129/full–129– index.html. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. Analysis of Comments Received The issues raised in the case and rebuttal briefs submitted by interested The recalculated margins, unchanged from the preliminary results, are as follows: Amended Final Determination2 methodology described in Antidumping Proceedings: Calculation of the Weighted–Average Dumping Margin During an Antidumping Investigation; Final Modification, 71 FR 77722 (December 27, 2006). The Department also invited interested parties to comment on the preliminary results. After receiving comments and rebuttal comments from interested parties, the Department issued its final results for the section 129 determination on March 31, 2009. Consistent with section 129(b)(3) of the URAA, USTR held consultations with the Department and the appropriate congressional committees with respect to this determination. On April 23, 2009, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, USTR directed the Department to implement in whole this determination. Recalculated Weighted-Average Margins Manufacturer/Exporter ThyssenKrupp Mexinox S.A. de C.V.3 ........................ All Others ..................................................................... Final Antidumping Margins 30.85 percent 30.85 percent 30.69 percent 30.69 percent 2 See Amended Final Determination and Order, 64 FR at 40562. company was included in the less-than-fair-value investigation under the name of its predecessor, Mexinox S.A. de C.V. However, the Department subsequently made a formal successor-in-interest finding with respect to this company. See Stainless Steel Sheet and Strip in Coils from Mexico: Final Results of Changed Circumstances Antidumping Duty Administrative Review, 67 FR 48878 (July 26, 2002). 3 This pwalker on PROD1PC71 with NOTICES Implementation On April 23, 2009, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, USTR directed the Department to implement this determination, effective April 23, 2009. Accordingly, we will instruct U.S. Customs and Border Protection (CBP) to change the all–others cash–deposit rate from 30.85 percent ad valorem to 30.69 percent ad valorem. This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination is issued and published in accordance with section 129(c)(2)(A) of the URAA. Dated: April 23, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I Issues Raised in the Issues and Decision Memorandum Comment 1: Whether the Department Should Recalculate Margins in Eight Administrative Reviews [FR Doc. E9–9809 Filed 4–28–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XO28 Listing Endangered and Threatened Species: Initiation of Status Review for the Oregon Coast Evolutionarily Significant Unit of Coho Salmon AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Initiation of status review and request for information. SUMMARY: We, NMFS, initiate a status review under the Endangered Species Act (ESA) for the Oregon Coast coho From Mexico, 64 FR 40560 (July 27, 1999) (Amended Final Determination and Order). VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Notices]
[Pages 19527-19528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9809]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-201-822


Implementation of the Findings of the WTO Dispute Settlement 
Panel and Appellate Body in United States - Final Anti-Dumping Measures 
on Stainless Steel from Mexico: Notice of Determination Under Section 
129 of the Uruguay Round Agreements Act

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 31, 2009, the Department of Commerce (the Department) 
issued a determination regarding the dumping margin calculation in the 
less-than-fair-value investigation of stainless steel sheet and strip 
in coils (stainless steel) from Mexico challenged by Mexico before the 
World Trade Organization (WTO). On April 23, 2009, the U.S. Trade 
Representative (USTR) instructed the Department to implement in whole 
this determination under section 129 of the Uruguay Round Agreements 
Act (URAA). The Department is now implementing this determination.

EFFECTIVE DATE: The effective date of this determination is April 23, 
2009.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-2657 
or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 9, 2008, the Department advised interested parties it 
was initiating a proceeding under section 129 of the URAA to issue a 
determination with respect to the investigation of stainless steel from 
Mexico that would implement findings of the WTO dispute settlement 
panel in United States - Final Anti-Dumping Measures on Stainless Steel 
from Mexico, WT/DS344/R (December 20, 2007). On January 12, 2009, the 
Department issued its preliminary results, in which it recalculated the 
weighted-average dumping margins from the less-than-fair-value 
investigation of stainless steel from Mexico\1\ by applying the 
calculation

[[Page 19528]]

methodology described in Antidumping Proceedings: Calculation of the 
Weighted-Average Dumping Margin During an Antidumping Investigation; 
Final Modification, 71 FR 77722 (December 27, 2006). The Department 
also invited interested parties to comment on the preliminary results. 
After receiving comments and rebuttal comments from interested parties, 
the Department issued its final results for the section 129 
determination on March 31, 2009.
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order; Stainless Steel Sheet 
and Strip in Coils From Mexico, 64 FR 40560 (July 27, 1999) (Amended 
Final Determination and Order).
---------------------------------------------------------------------------

    Consistent with section 129(b)(3) of the URAA, USTR held 
consultations with the Department and the appropriate congressional 
committees with respect to this determination. On April 23, 2009, in 
accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, USTR 
directed the Department to implement in whole this determination.

Nature of the Proceedings

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) provides that ``notwithstanding any provision of the Tariff 
Act of 1930,'' within 180 days of a written request from USTR, the 
Department shall issue a determination that would render its actions 
not inconsistent with an adverse finding of a WTO panel or the 
Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of 
Administrative Action accompanying the URAA (SAA), H.R. Doc. No. 103-
316, Vol. 1 (1994), reprinted in 1994 U.S.C.C.A.N. 3773 variously 
refers to such a determination by the Department as a ``new,'' 
``second,'' and ``different'' determination. See SAA at 1025 and 1027. 
After consulting with the Department and the appropriate congressional 
committees, USTR may direct the Department to implement, in whole or in 
part, the new determination made under section 129. See 19 U.S.C. 
3538(b)(4). Pursuant to section 129(c), the new determination shall 
apply with respect to unliquidated entries of the subject merchandise 
that are entered, or withdrawn from warehouse, for consumption on or 
after the date on which USTR directs the Department to implement the 
new determination. See 19 U.S.C. 3538(c). The new determination is 
subject to judicial review separate and apart from judicial review of 
the Department's original determination. See 19 U.S.C. 
1516a(a)(2)(B)(vii).

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
interested parties to this proceeding are addressed in the final 
results of proceeding under section 129 of the URAA. See ``Issues and 
Decision Memorandum for the Final Results of Proceeding Under Section 
129 of the Uruguay Round Agreements Act: Antidumping Measures on 
Stainless Steel from Mexico'' from John M. Andersen, Acting Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, dated March 31, 2009 (Issues and Decision Memorandum), 
which is hereby adopted by this notice. The Issues and Decision 
Memorandum is on file in the Central Records Unit (CRU), room 1117 of 
the Department of Commerce main building and can be accessed directly 
at http://ia.ita.doc.gov/download/section129/full-129-index.html. The 
paper copy and electronic version of the Issues and Decision Memorandum 
are identical in content. A list of the issues addressed in the Issues 
and Decision Memorandum is appended to this notice.

Final Antidumping Margins

    The recalculated margins, unchanged from the preliminary results, 
are as follows:

----------------------------------------------------------------------------------------------------------------
     Manufacturer/Exporter           Amended Final Determination\2\       Recalculated Weighted-Average Margins
----------------------------------------------------------------------------------------------------------------
ThyssenKrupp Mexinox S.A. de                              30.85 percent                            30.69 percent
 C.V.\3\......................
All Others....................                            30.85 percent                            30.69 percent
----------------------------------------------------------------------------------------------------------------
\2\ See Amended Final Determination and Order, 64 FR at 40562.
\3\ This company was included in the less-than-fair-value investigation under the name of its predecessor,
  Mexinox S.A. de C.V. However, the Department subsequently made a formal successor-in-interest finding with
  respect to this company. See Stainless Steel Sheet and Strip in Coils from Mexico: Final Results of Changed
  Circumstances Antidumping Duty Administrative Review, 67 FR 48878 (July 26, 2002).

Implementation

    On April 23, 2009, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA, USTR directed the Department to implement 
this determination, effective April 23, 2009. Accordingly, we will 
instruct U.S. Customs and Border Protection (CBP) to change the all-
others cash-deposit rate from 30.85 percent ad valorem to 30.69 percent 
ad valorem.
    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
section 129(c)(2)(A) of the URAA.

    Dated: April 23, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

Issues Raised in the Issues and Decision Memorandum

Comment 1: Whether the Department Should Recalculate Margins in Eight 
Administrative Reviews
[FR Doc. E9-9809 Filed 4-28-09; 8:45 am]
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