Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 42873-42877 [E9-20500]

Download as PDF pwalker on DSK8KYBLC1PROD with NOTICES Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices NSF-funded research by U.S. academic scientists. NMFS agreed to be a cooperating agency in the preparation of the EIS/OEIS. This EIS/OEIS has not been completed. Therefore, in order to meet NSF’s and NMFS’ NEPA requirements for the proposed activity and issuance of an IHA to L-DEO, the NSF has prepared an EA that is specific to the marine geophysical survey conducted by the R/ V Marcus G. Langseth in the northeast Pacific Ocean. NSF’s EA, titled, Marine Seismic Survey in the Northeast Pacific Ocean, August/September, 2009 is based, in part, on an environmental assessment report (hereinafter, Report), prepared by LGL Limited environmental research associates (LGL) on behalf of NSF, titled, ‘‘Environmental Assessment of a Marine Geophysical Survey by the R/V Marcus G. Langseth in the Northeast Pacific Ocean, August September, 2009.’’ The EA, and Report, specifically analyze the fact that L-DEO intends to obtain an IHA from NMFS in order to conduct the seismic survey. The EA evaluates the impacts of potential incidental Level B harassment resulting from the specified activity in the specified geographic region. The NSF has made a Finding of No Significant Impact (FONSI) determination based on information contained within its EA and Report, that implementation of the proposed action is not a major Federal action having significant effects on the environment within the meaning of NEPA. NSF determined, therefore, that an environmental impact statement would not be prepared. On May 8, 2009 (74 FR 2163), NMFS noted that the NSF had prepared an EA for the northeast Pacific Ocean surveys and made this EA, and the Report, available upon request. NMFS has independently reviewed the information contained in NSF’s EA and determined that the NSF EA describes the proposed action alternative and evaluates and discloses the potential impacts on marine mammals, endangered species, and other marine life that could be impacted by the preferred alternative and the other alternatives. Accordingly, NMFS has adopted the NSF EA, and incorporated Report, under 40 CFR 1506.3 and made its own FONSI. The NMFS FONSI also takes into consideration additional mitigation measures required by the IHA that are not in NSF’s EA or Report. Therefore, NMFS has determined that it is not necessary to issue a new EA, supplemental EA or an EIS for the issuance of an IHA to L-DEO for this activity. A copy of the EA and the VerDate Nov<24>2008 00:58 Aug 25, 2009 Jkt 217001 NMFS FONSI for this activity is available upon request (see ADDRESSES). Determinations NMFS has determined that the impact of conducting the seismic survey in the northeast Pacific Ocean may result, at worst, in a temporary modification in behavior (Level B harassment) of small numbers of 33 species of cetaceans. Though NMFS believes that take of the requested numbers is unlikely, we still find these numbers small relative to the population sizes. Further, this activity is not expected to adversely affect any species or stock through affects on annual recruitment or survival. Therefore, NMFS has determined that the activity will have a negligible impact on the affected species or stocks. The provision requiring that the activity not have an unmitigable adverse impact on the availability of the affected species or stock for subsistence uses is not implicated for this proposed action. There is no subsistence harvest of marine mammals in the proposed research area; therefore, there will be no impact of the activity on the availability of the species or stocks of marine mammals for subsistence uses. The negligible impact determination is supported by: (1) the likelihood that, given sufficient warning through relatively slow ship speed, marine mammals are expected to move away from a noise source that is annoying prior to it becoming potentially injurious; (2) the fact that marine mammals would have to be closer than 40 m (131 ft) in deep water, when a single airgun is in use from the vessel to be exposed to levels of sound (180 dB) believed to have even a minimal chance of causing TTS; (3) the fact that marine mammals would have to be closer than 950 m (0.5 nm) in deep water, when the full array is in use at a 9–15 m (29.5–49.2 ft) tow depth from the vessel to be exposed to levels of sound (180 dB) believed to have even a minimal chance of causing TTS; (4) the likelihood that marine mammal detection ability by trained observers is good at those distances from the vessel; (5) the use of PAM, which is effective out to tens of km, will assist in the detection of vocalizing marine mammals at greater distances from the vessel; (6) the incorporation of other required mitigation measures (i.e., ramp-up, power-down, and shutdown); and (7) the limited duration of the seismic survey in the study area (approximately 39 days). As a result, no take by injury or death is anticipated, and the potential for temporary or permanent hearing impairment is very low and will be avoided through the incorporation of PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 42873 the required monitoring and mitigation measures. While the number of potential incidental harassment takes will depend on the distribution and abundance of marine mammals in the vicinity of the survey activity, the number of potential harassment takings is estimated to be small, relative to the affected species and stock sizes, and has been mitigated to the lowest level practicable through incorporation of the measures mentioned previously in this document. Authorization As a result of these determinations, NMFS has issued an IHA to L-DEO for conducting a marine geophysical survey in the northeast Pacific Ocean in August October, 2009, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Dated: August 19, 2009. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–20492 Filed 8–24–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part. DATES: Effective Date: August 25, 2009. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482–4697. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing E:\FR\FM\25AUN1.SGM 25AUN1 42874 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices duty orders and findings with July anniversary dates. The Department also received a timely request to revoke in part the antidumping duty order on Certain Frozen Warmwater Shrimp from India with respect to one producer/ exporter. Separate Rates In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports during the POR. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties having an APO within five days of publication of this initiation notice and to make our decision regarding respondent selection within 20 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within 10 calendar days of In proceedings involving non–market economy (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, the Department analyzes each entity exporting the subject merchandise under a test arising from the Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991), as amplified by Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2,1994). In accordance with the separate–rates criteria, the Department assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities. All firms listed below that wish to qualify for separate–rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate–rate application or certification, as described below. For these administrative reviews, in order to demonstrate separate–rate eligibility, the Department requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on the Department’s website at http://www.trade.gov/ia on the date of publication of this Federal Register. In responding to the certification, please follow the ‘‘Instructions for Filing the Certification’’ in the Separate Rate Certification. Separate Rate 1 Such entities include entities that have not participated in the proceeding, entities that were preliminarily granted a separate rate in any currently incomplete segment of the proceedings (e.g., an ongoing administrative review, new shipper review, etc.) and entities that lost their separate rate in the most recently complete segment of the proceeding in which they participated. 2 Only changes to the official company name, rather than trade names, need to be addressed via Notice of No Sales Under 19 CFR 351.213(d)(3), the Department may rescind a review where there are no exports, sales, or entries of subject merchandise during the respective period of review (‘‘POR’’) listed below. If a producer or exporter named in this initiation notice had no exports, sales, or entries during the POR, it should notify the Department within 30 days of publication of this notice in the Federal Register. The Department will consider rescinding the review only if the producer or exporter, as appropriate, submits a properly filed and timely statement certifying that it had no exports, sales, or entries of subject merchandise during the POR. All submissions must be made in accordance with 19 CFR 351.303 and are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (‘‘the Act’’). Six copies of the submission should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on every party on the Department’s service list. Respondent Selection pwalker on DSK8KYBLC1PROD with NOTICES publication of this Federal Register notice. VerDate Nov<24>2008 22:52 Aug 24, 2009 Jkt 217001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Certifications are due to the Department no later than 30 calendar days of publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME–owned firms, wholly foreign–owned firms, and foreign sellers who purchase and export subject merchandise to the United States. Entities that currently do not have a separate rate from a completed segment of the proceeding 1 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. In addition, companies that received a separate rate in a completed segment of the proceeding that have subsequently made changes, including, but not limited to, changes to corporate structure, acquisitions of new companies or facilities, or changes to their official company name,2 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. The Separate Rate Application will be available on the Department’s website at http:// ia.ita.doc.gov/nme/nme–sep-rate.html on the date of publication of this Federal Register notice. In responding to the Separate Rate Status Application, refer to the instructions contained in the application. Separate Rate Status Applications are due to the Department no later than 60 calendar days of publication of this Federal Register notice. The deadline and requirement for submitting a Separate Rate Status Application applies equally to NME– owned firms, wholly foreign–owned firms, and foreign sellers that purchase and export subject merchandise to the United States. For exporters and producers who submit a separate–rate status application or certification and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for separate–rate status unless they respond to all parts of the questionnaire as mandatory respondents. Initiation of Reviews In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than July 31, 2010. a Separate Rate Application. Information regarding new trade names may be submitted via a Separate Rate Application. E:\FR\FM\25AUN1.SGM 25AUN1 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices pwalker on DSK8KYBLC1PROD with NOTICES Antidumping Duty Proceedings Period to be Reviewed FINLAND: Purified Carboxymethylcellulose. A–405–803 ................................................................................................................................................................. CP Kelco Oy. INDIA: Certain Frozen Warmwater Shrimp3. A–533–840 ................................................................................................................................................................. INDIA: Polyethylene Terephthalate (PET) Film. A–533–824 ................................................................................................................................................................. Jindal Poly Films Limited of India. ITALY: Certain Pasta. A–475–818 ................................................................................................................................................................. Domenico Paone fu Erasmo S.p.A.. Fasolino Foods Company, Inc. and its affiliate Euro–American Foods Group, Inc.. Industria Alimentare Colavita, S.p.A.. P.A.M. S.p.A.. Pasta Lensi S.r.l.. Pastificio Attilio Mastromauro–Pasta Granoro S.r.L. Pastificio Lucio Garafalo S.p.A.. MEXICO: Purified Carboxymethylcellulose. A–201–834 ................................................................................................................................................................. Quimica Amtex, S.A. de C.V.. MEXICO: Stainless Steel Sheet and Strip in Coils. A–201–822 ................................................................................................................................................................. ThyssenKrupp Mexinox S.A. de C.V.. RUSSIAN FEDERATION: Solid Urea. A–821–801 ................................................................................................................................................................. OJSC MCC EuroChem, and production affiliates, OJSC Nevinnomyssky Azot And OJSC Novomoskovskaya Azot. TAIWAN: Polyethylene Terephthalate Film, Sheet and Strip. A–583–837 ................................................................................................................................................................. NanYa Plastics Corporation, Ltd.. Shinkong Synthetic Fibers Corporation. TAIWAN: Stainless Steel Sheet and Strip in Coils. A–583–831 ................................................................................................................................................................. Ta Chen Stainless Pipe Co., Ltd.. Chia Far Industrial Factory Co., Ltd.. China Steel Corporation. Dah Shi Metal Industrial Co., Ltd.. KNS Enterprise Co., Ltd.. Lih Chan Steel Co., Ltd.. Tang Eng Iron Works. PFP Taiwan Co., Ltd.. Yieh Loong Enterprise Co., Ltd. (aka Chung Hung Steel Co., Ltd.). Yieh Trading Corp.. Tibest International, Inc.. Goang Jau Shing Enterprise Co., Ltd.. Yieh Mau Corp.. Maytun International Corp.. Shih Yuan Stainless Steel Enterprise Co., Ltd.. Chien Shing Stainless Co.. Chain Chon Industrial Co., Ltd.. Emerdex Stainless Flat–Rolled Products, Inc.. Emerdex Stainless Steel, Inc.. Emerdex Group. Waterson Corp.. Yieh United Steel Corporation. Tung Mung Development Co., Ltd./Ta Chen Stainless Pipe Co., Ltd.4. THE NETHERLANDS: Purified Carboxymethylcellulose. A–421–811 ................................................................................................................................................................. CP Kelco BV. Akzo Nobel Functional Chemicals, B.V.. THE PEOPLE’S REPUBLIC OF CHINA: Circular Welded Carbon Quality Steel Pipe5. A–570–910 ................................................................................................................................................................. Baoshan Iron & Steel Co., Ltd.. Jiangsu Yulong Steel Pipe Co., Ltd.. Liaoning Northern Steel Pipe Co., Ltd.. Hunan Hengyang Steel Tube (Group) Co., Ltd.. CNOOC Kingland Pipeline Co., Ltd.. Jiangsu Changbao Steel Tube Co., Ltd.. Wuxi Fastube Industry Co., Ltd.. Weifang East Steel Pipe Co., Ltd.. Tianjin Shuangjie Steel Pipe Co., Ltd.. Zhejiang Kingland Pipeline Industry Co., Ltd.. SteelFORCE Far East Ltd.. Tianjin Baolai International Trade Co., Ltd.. VerDate Nov<24>2008 22:52 Aug 24, 2009 Jkt 217001 PO 00000 Frm 00034 Fmt 4703 42875 Sfmt 4703 E:\FR\FM\25AUN1.SGM 25AUN1 7/1/08 - 6/30/09 2/1/08 - 1/31/09 7/1/08 - 6/30/09 7/1/08 - 6/30/09 7/1/08 - 6/30/09 7/1/08 - 6/30/09 7/1/08 - 6/30/09 7/1/08 - 6/30/09 7/1/08 - 6/30/09 7/1/08 - 6/30/09 1/15/08 - 6/30/09 42876 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices Antidumping Duty Proceedings Period to be Reviewed Shanghai Zhongyou TIPO Steel Pipe Co., Ltd.. Sino Link SCS (Asia) Limited. THE PEOPLE’S REPUBLIC OF CHINA: Persulfates6. A–570–847 ................................................................................................................................................................. Shanghai AJ Import & Export Corporation. United Initiators (Shanghai) Co., Ltd. (previously known as Degussa–AJ (Shanghai) Initiators Co., Ltd.). THE PEOPLE’S REPUBLIC OF CHINA: Saccharin7. A–570–878 ................................................................................................................................................................. Keifeng Xinhua Fine Chemical Factory. Shanghai Fortune Chemical Co., Ltd.. Countervailing Duty Proceedings. INDIA: Polyethylene Terephthalate (PET) Film. C–533–825 ................................................................................................................................................................ Jindal Poly Films Limited of India. ITALY: Certain Pasta. C–475–819 ................................................................................................................................................................ Agritalia S.r.L.. De Matteis Agroalimentare S.p.A.. F. Divella S.p.A.. F.lli De Cecco di Filippo Fara San Martino S.p.A.. Pastificio Lucio Garofalo S.p.A.. THE PEOPLE’S REPUBLIC OF CHINA: Circular Welded Carbon Quality Steel Pipe. C–570–911 ................................................................................................................................................................ Baoshan Iron & Steel Co., Ltd.. Jiangsu Yulong Steel Pipe Co., Ltd.. Liaoning Northern Steel Pipe Co., Ltd.. Hunan Hengyang Steel Tube (Group) Co., Ltd.. CNOOC Kingland Pipeline Co., Ltd.. Jiangsu Changbao Steel Tube Co., Ltd.. Wuxi Fastube Industry Co., Ltd.. Weifang East Steel Pipe Co., Ltd.. Tianjin Shuangjie Steel Pipe Co., Ltd.. Zhejiang Kingland Pipeline Industry Co., Ltd.. Suspension Agreements. None.. 7/1/08 - 6/30/09 7/1/08 - 6/30/09 1/1/08 - 12/31/08 1/1/08 - 12/31/08 11/13/07 - 12/31/08 pwalker on DSK8KYBLC1PROD with NOTICES 3 On April 7, 2009, the Department published a notice of initiation of administrative reviews for the orders covering certain frozen warmwater shrimp (shrimp) from Brazil, India, and Thailand. See Certain Frozen Warmwater Shrimp from Brazil, India and Thailand: Notice of Initiation of Administrative Reviews, 74 FR 15699 (April 7, 2009). This notice should have also indicated that the Department received a timely request to revoke, in part, the antidumping duty order on shrimp from India with respect to Devi Sea Foods Limited, an exporter and producer of shrimp from India. 4 The Department received a request for an administrative review of the antidumping order on stainless steel sheet and strip in coils (‘‘SSSSC’’) from Taiwan with respect to Tung Mung Development Co., Ltd. (‘‘Tung Mung’’) (as to subject merchandise as set forth in Notice of Amended Final Determination in Accordance With Court Decision of the Antidumping Duty Investigation of Stainless Steel Sheet and Strip in Coils From Taiwan, 69 FR 67311 (Nov. 17, 2004)). SSSSC produced and exported by Tung Mung was excluded from this order effective October 16, 2002. Id. However, exports of SSSSC produced by Tung Mung and exported to the United States by Ta Chen Stainless Pipe Co., Ltd. (‘‘Ta Chen’’) remain subject to the order, and thus this administrative review covers exports of SSSSC produced by Tung Mung in Taiwan and exported to the United States by Ta Chen. 5 If one of the above named companies does not qualify for a separate rate, all other exporters of Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China (‘‘PRC’’) who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 6 If one of the above named companies does not qualify for a separate rate, all other exporters of Persulfates from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 7 If one of the above named companies does not qualify for a separate rate, all other exporters of Saccahrin from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with FAG Italia v.United States, 291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether VerDate Nov<24>2008 22:52 Aug 24, 2009 Jkt 217001 antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305.On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 USC 1675(a)) and 19 CFR 351.221(c)(1)(i). E:\FR\FM\25AUN1.SGM 25AUN1 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices Dated: August 19, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–20500 Filed 8–24–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [FAR Case 2009–009; Docket 2009–0011, Sequence 1] Federal Acquisition Regulation; FAR Case 2009–009, American Recovery and Reinvestment Act of 2009 (the Recovery Act)—Reporting Requirements Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice. AGENCIES: pwalker on DSK8KYBLC1PROD with NOTICES SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing this notice to inform Federal contractors that the Recovery Accountability and Transparency Board (‘‘Board’’) has announced the availability of registration at federalreporting.gov. Federal contractors required to report on their use of Recovery Act funds by FAR clause 52.204–11 are encouraged to register early. DATES: Effective Date: August 25, 2009. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Ernest Woodson, Procurement Analyst, at (202) 501–3775. Please cite Notice to Federal contractors on registration at federalreporting.gov. SUPPLEMENTARY INFORMATION: A. Background On March 31, 2009, the Councils published an interim rule in the Federal Register, FAR Case 2009–009, American Recovery and Reinvestment Act of 2009 (the Recovery Act)—Reporting Requirements (74 FR 14639). The rule implements section 1512 of Public Law 111–5, the American Recovery and Reinvestment Act of 2009 (the ‘‘Recovery Act’’), which requires Federal contractors that receive awards (or modifications to existing awards) funded, in whole or in part, by the Recovery Act to report quarterly on the use of the funds at federalreporting.gov. VerDate Nov<24>2008 22:52 Aug 24, 2009 Jkt 217001 To comply with the reporting required by FAR 52.204–11, Federal contractors must first register at federalreporting.gov. Registration is now open to Federal contractors. The reporting tool will be available on October 1, 2009. Reports, which are due October 10, 2009, can only be submitted once registration is authorized. For more information on the registration and authorization process, go to federalreporting.gov. For information regarding the Paperwork Reduction Act, see Information Collection Request (ICR) Reference Number 200907–0430–001 and OMB Control Number 0430–0002 available at http://www.reginfo.gov/ public/do/PRAMain (select ‘‘Recovery Accountability and Transparency Board’’ from the ‘‘Select Agency’’ drop down menu and submit). Dated: August 19, 2009. David A. Drabkin, Deputy Associate Administrator and Senior Procurement Executive, Office of Acquisition Policy. [FR Doc. E9–20351 Filed 8–24–09; 8:45 am] BILLING CODE 6820–EP–S 42877 zones and for travelers, including the military.’’ DATES: Anyone wishing to object to the grant of this license has fifteen (15) days from the date of this notice to file written objections along with supporting evidence, if any. Written objections are to be filed with the Office of Technology Transfer, Naval Medical Research Center, 503 Robert Grant Ave., Silver Spring, MD 20910–7500, telephone (301) 319–7428. ADDRESSES: Written objections are to be filed with the Office of Technology Transfer, Naval Medical Research Center, 503 Robert Grant Ave., Silver Spring, MD 20910–7500. FOR FURTHER INFORMATION CONTACT: Dr. Charles Schlagel, Director, Office of Technology Transfer, Naval Medical Research Center, 503 Robert Grant Ave., Silver Spring, MD 20910–7500, telephone (301) 319–7428. Dated: August 18, 2009. A.M. Vallandingham, Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E9–20363 Filed 8–24–09; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF DEFENSE Department of the Navy Notice of Intent to Grant a Partially Exclusive Patent License; Sanofi Pasteur S.A. AGENCY: ACTION: Department of the Navy, DOD. Notice. The Department of the Navy hereby gives notice of its intent to grant to Sanofi Pasteur S.A., a revocable, nonassignable, partially exclusive license to practice worldwide the Government owned inventions described in U.S. Patent Application Serial No. 11/340,003 with inventor Stephen J. Savarino filed on 10 January 2006, entitled ‘‘Adhesin as Immunogen Against Enterotoxigenic E. coli’’ and its related PCT/US2006/000660 National Phase applications in Australia, Canada, Europe, Japan and India filed 11 July 2007; and U.S. Patent Application Serial No. 11/988,598 with inventors Stephen J. Savarino, Randall K. Holmes and Michael Jobling filed on 11 January 2007, entitled ‘‘Adhesin-Enterotoxin Chimera Based Composition Against Enterotoxigenic E. coli’’ and its related PCT/US2007/000712 National Phase applications in Australia, Canada, Europe, and Japan filed 10 January 2008 in the field of ‘‘Protection against ETEC (Enterotoxigenic Escherichia Coli) associated diarrhea in both endemic SUMMARY: PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education; Impact Aid Program— American Recovery and Reinvestment Act of 2009—Impact Aid Discretionary Construction Program ACTION: Notice inviting applications for new awards under the American Recovery and Reinvestment Act of 2009—Impact Aid Discretionary Construction Program; Correction. SUMMARY: On August 17, 2009, we published in the Federal Register (74 FR 41407) a notice inviting applications for new awards under the American Recovery and Reinvestment Act of 2009—Impact Aid Discretionary Construction Program. The notice specified a deadline of October 1, 2009 for the submission of applications. Since publication, however, we have learned that the Department’s eApplication system will be shut down on October 1 in connection with the Department’s transition of its systems to the new fiscal year, which begins on October 1. Therefore, we are correcting the deadline for the submission of applications to October 8, 2009. On page 41407, first column, the date listed for Deadline for Transmittal of Applications is corrected to read ‘‘October 8, 2009.’’ On page 41407, first E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Notices]
[Pages 42873-42877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20500]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received 
requests to conduct administrative reviews of various antidumping and 
countervailing duty orders and findings with July anniversary dates. In 
accordance with the Department's regulations, we are initiating those 
administrative reviews. The Department also received a request to 
revoke one antidumping duty order in part.

DATES: Effective Date: August 25, 2009.

FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD 
Operations, Customs Unit, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
4697.

SUPPLEMENTARY INFORMATION:

Background

    The Department has received timely requests, in accordance with 19 
CFR 351.213(b), for administrative reviews of various antidumping and 
countervailing

[[Page 42874]]

duty orders and findings with July anniversary dates. The Department 
also received a timely request to revoke in part the antidumping duty 
order on Certain Frozen Warmwater Shrimp from India with respect to one 
producer/exporter.

Notice of No Sales

    Under 19 CFR 351.213(d)(3), the Department may rescind a review 
where there are no exports, sales, or entries of subject merchandise 
during the respective period of review (``POR'') listed below. If a 
producer or exporter named in this initiation notice had no exports, 
sales, or entries during the POR, it should notify the Department 
within 30 days of publication of this notice in the Federal Register. 
The Department will consider rescinding the review only if the producer 
or exporter, as appropriate, submits a properly filed and timely 
statement certifying that it had no exports, sales, or entries of 
subject merchandise during the POR. All submissions must be made in 
accordance with 19 CFR 351.303 and are subject to verification in 
accordance with section 782(i) of the Tariff Act of 1930, as amended 
(``the Act''). Six copies of the submission should be submitted to the 
Assistant Secretary for Import Administration, International Trade 
Administration, Room 1870, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230. Further, in accordance 
with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on 
every party on the Department's service list.

Respondent Selection

    In the event the Department limits the number of respondents for 
individual examination for administrative reviews, the Department 
intends to select respondents based on U.S. Customs and Border 
Protection (``CBP'') data for U.S. imports during the POR. We intend to 
release the CBP data under Administrative Protective Order (``APO'') to 
all parties having an APO within five days of publication of this 
initiation notice and to make our decision regarding respondent 
selection within 20 days of publication of this Federal Register 
notice.
    The Department invites comments regarding the CBP data and 
respondent selection within 10 calendar days of publication of this 
Federal Register notice.

Separate Rates

    In proceedings involving non-market economy (``NME'') countries, 
the Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of merchandise subject to 
an administrative review in an NME country this single rate unless an 
exporter can demonstrate that it is sufficiently independent so as to 
be entitled to a separate rate.
    To establish whether a firm is sufficiently independent from 
government control of its export activities to be entitled to a 
separate rate, the Department analyzes each entity exporting the 
subject merchandise under a test arising from the Final Determination 
of Sales at Less Than Fair Value: Sparklers from the People's Republic 
of China, 56 FR 20588 (May 6, 1991), as amplified by Final 
Determination of Sales at Less Than Fair Value: Silicon Carbide from 
the People's Republic of China, 59 FR 22585 (May 2,1994). In accordance 
with the separate-rates criteria, the Department assigns separate rates 
to companies in NME cases only if respondents can demonstrate the 
absence of both de jure and de facto government control over export 
activities.
    All firms listed below that wish to qualify for separate-rate 
status in the administrative reviews involving NME countries must 
complete, as appropriate, either a separate-rate application or 
certification, as described below. For these administrative reviews, in 
order to demonstrate separate-rate eligibility, the Department requires 
entities for whom a review was requested, that were assigned a separate 
rate in the most recent segment of this proceeding in which they 
participated, to certify that they continue to meet the criteria for 
obtaining a separate rate. The Separate Rate Certification form will be 
available on the Department's website at http://www.trade.gov/ia on the 
date of publication of this Federal Register. In responding to the 
certification, please follow the ``Instructions for Filing the 
Certification'' in the Separate Rate Certification. Separate Rate 
Certifications are due to the Department no later than 30 calendar days 
of publication of this Federal Register notice. The deadline and 
requirement for submitting a Certification applies equally to NME-owned 
firms, wholly foreign-owned firms, and foreign sellers who purchase and 
export subject merchandise to the United States.
    Entities that currently do not have a separate rate from a 
completed segment of the proceeding \1\ should timely file a Separate 
Rate Application to demonstrate eligibility for a separate rate in this 
proceeding. In addition, companies that received a separate rate in a 
completed segment of the proceeding that have subsequently made 
changes, including, but not limited to, changes to corporate structure, 
acquisitions of new companies or facilities, or changes to their 
official company name,\2\ should timely file a Separate Rate 
Application to demonstrate eligibility for a separate rate in this 
proceeding. The Separate Rate Application will be available on the 
Department's website at http://ia.ita.doc.gov/nme/nme-sep-rate.html on 
the date of publication of this Federal Register notice. In responding 
to the Separate Rate Status Application, refer to the instructions 
contained in the application. Separate Rate Status Applications are due 
to the Department no later than 60 calendar days of publication of this 
Federal Register notice. The deadline and requirement for submitting a 
Separate Rate Status Application applies equally to NME-owned firms, 
wholly foreign-owned firms, and foreign sellers that purchase and 
export subject merchandise to the United States.
---------------------------------------------------------------------------

    \1\ Such entities include entities that have not participated in 
the proceeding, entities that were preliminarily granted a separate 
rate in any currently incomplete segment of the proceedings (e.g., 
an ongoing administrative review, new shipper review, etc.) and 
entities that lost their separate rate in the most recently complete 
segment of the proceeding in which they participated.
    \2\ Only changes to the official company name, rather than trade 
names, need to be addressed via a Separate Rate Application. 
Information regarding new trade names may be submitted via a 
Separate Rate Application.
---------------------------------------------------------------------------

    For exporters and producers who submit a separate-rate status 
application or certification and subsequently are selected as mandatory 
respondents, these exporters and producers will no longer be eligible 
for separate-rate status unless they respond to all parts of the 
questionnaire as mandatory respondents.

Initiation of Reviews

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating 
administrative reviews of the following antidumping and countervailing 
duty orders and findings. We intend to issue the final results of these 
reviews not later than July 31, 2010.

[[Page 42875]]



------------------------------------------------------------------------
       Antidumping Duty Proceedings             Period to be Reviewed
------------------------------------------------------------------------
FINLAND: Purified Carboxymethylcellulose..
A-405-803.................................              7/1/08 - 6/30/09
              CP Kelco Oy.................
INDIA: Certain Frozen Warmwater Shrimp\3\.
A-533-840.................................              2/1/08 - 1/31/09
INDIA: Polyethylene Terephthalate (PET)
 Film.....................................
A-533-824.................................              7/1/08 - 6/30/09
              Jindal Poly Films Limited of
               India......................
ITALY: Certain Pasta......................
A-475-818.................................              7/1/08 - 6/30/09
              Domenico Paone fu Erasmo
               S.p.A......................
              Fasolino Foods Company, Inc.
               and its affiliate Euro-
               American Foods Group, Inc..
              Industria Alimentare
               Colavita, S.p.A............
              P.A.M. S.p.A................
              Pasta Lensi S.r.l...........
              Pastificio Attilio
               Mastromauro-Pasta Granoro
               S.r.L......................
              Pastificio Lucio Garafalo
               S.p.A......................
MEXICO: Purified Carboxymethylcellulose...
A-201-834.................................              7/1/08 - 6/30/09
              Quimica Amtex, S.A. de C.V..
MEXICO: Stainless Steel Sheet and Strip in
 Coils....................................
A-201-822.................................              7/1/08 - 6/30/09
              ThyssenKrupp Mexinox S.A. de
               C.V........................
RUSSIAN FEDERATION: Solid Urea............
A-821-801.................................              7/1/08 - 6/30/09
              OJSC MCC EuroChem, and
               production affiliates, OJSC
               Nevinnomyssky Azot And OJSC
               Novomoskovskaya Azot.......
TAIWAN: Polyethylene Terephthalate Film,
 Sheet and Strip..........................
A-583-837.................................              7/1/08 - 6/30/09
              NanYa Plastics Corporation,
               Ltd........................
              Shinkong Synthetic Fibers
               Corporation................
TAIWAN: Stainless Steel Sheet and Strip in
 Coils....................................
A-583-831.................................              7/1/08 - 6/30/09
              Ta Chen Stainless Pipe Co.,
               Ltd........................
              Chia Far Industrial Factory
               Co., Ltd...................
              China Steel Corporation.....
              Dah Shi Metal Industrial
               Co., Ltd...................
              KNS Enterprise Co., Ltd.....
              Lih Chan Steel Co., Ltd.....
              Tang Eng Iron Works.........
              PFP Taiwan Co., Ltd.........
              Yieh Loong Enterprise Co.,
               Ltd. (aka Chung Hung Steel
               Co., Ltd.).................
              Yieh Trading Corp...........
              Tibest International, Inc...
              Goang Jau Shing Enterprise
               Co., Ltd...................
              Yieh Mau Corp...............
              Maytun International Corp...
              Shih Yuan Stainless Steel
               Enterprise Co., Ltd........
              Chien Shing Stainless Co....
              Chain Chon Industrial Co.,
               Ltd........................
              Emerdex Stainless Flat-
               Rolled Products, Inc.......
              Emerdex Stainless Steel,
               Inc........................
              Emerdex Group...............
              Waterson Corp...............
              Yieh United Steel
               Corporation................
              Tung Mung Development Co.,
               Ltd./Ta Chen Stainless Pipe
               Co., Ltd.\4\...............
THE NETHERLANDS: Purified
 Carboxymethylcellulose...................
A-421-811.................................              7/1/08 - 6/30/09
              CP Kelco BV.................
              Akzo Nobel Functional
               Chemicals, B.V.............
THE PEOPLE'S REPUBLIC OF CHINA: Circular
 Welded Carbon Quality Steel Pipe\5\......
A-570-910.................................             1/15/08 - 6/30/09
              Baoshan Iron & Steel Co.,
               Ltd........................
              Jiangsu Yulong Steel Pipe
               Co., Ltd...................
              Liaoning Northern Steel Pipe
               Co., Ltd...................
              Hunan Hengyang Steel Tube
               (Group) Co., Ltd...........
              CNOOC Kingland Pipeline Co.,
               Ltd........................
              Jiangsu Changbao Steel Tube
               Co., Ltd...................
              Wuxi Fastube Industry Co.,
               Ltd........................
              Weifang East Steel Pipe Co.,
               Ltd........................
              Tianjin Shuangjie Steel Pipe
               Co., Ltd...................
              Zhejiang Kingland Pipeline
               Industry Co., Ltd..........
              SteelFORCE Far East Ltd.....
              Tianjin Baolai International
               Trade Co., Ltd.............

[[Page 42876]]

 
              Shanghai Zhongyou TIPO Steel
               Pipe Co., Ltd..............
              Sino Link SCS (Asia) Limited
THE PEOPLE'S REPUBLIC OF CHINA:
 Persulfates\6\...........................
A-570-847.................................              7/1/08 - 6/30/09
              Shanghai AJ Import & Export
               Corporation................
              United Initiators (Shanghai)
               Co., Ltd. (previously known
               as Degussa-AJ (Shanghai)
               Initiators Co., Ltd.)......
THE PEOPLE'S REPUBLIC OF CHINA:
 Saccharin\7\.............................
A-570-878.................................              7/1/08 - 6/30/09
              Keifeng Xinhua Fine Chemical
               Factory....................
              Shanghai Fortune Chemical
               Co., Ltd...................
Countervailing Duty Proceedings...........
INDIA: Polyethylene Terephthalate (PET)
 Film.....................................
C-533-825.................................             1/1/08 - 12/31/08
              Jindal Poly Films Limited of
               India......................
ITALY: Certain Pasta......................
C-475-819.................................             1/1/08 - 12/31/08
              Agritalia S.r.L.............
              De Matteis Agroalimentare
               S.p.A......................
              F. Divella S.p.A............
              F.lli De Cecco di Filippo
               Fara San Martino S.p.A.....
              Pastificio Lucio Garofalo
               S.p.A......................
THE PEOPLE'S REPUBLIC OF CHINA: Circular
 Welded Carbon Quality Steel Pipe.........
C-570-911.................................           11/13/07 - 12/31/08
              Baoshan Iron & Steel Co.,
               Ltd........................
              Jiangsu Yulong Steel Pipe
               Co., Ltd...................
              Liaoning Northern Steel Pipe
               Co., Ltd...................
              Hunan Hengyang Steel Tube
               (Group) Co., Ltd...........
              CNOOC Kingland Pipeline Co.,
               Ltd........................
              Jiangsu Changbao Steel Tube
               Co., Ltd...................
              Wuxi Fastube Industry Co.,
               Ltd........................
              Weifang East Steel Pipe Co.,
               Ltd........................
              Tianjin Shuangjie Steel Pipe
               Co., Ltd...................
              Zhejiang Kingland Pipeline
               Industry Co., Ltd..........
Suspension Agreements.....................
None......................................
------------------------------------------------------------------------
\3\ On April 7, 2009, the Department published a notice of initiation of
  administrative reviews for the orders covering certain frozen
  warmwater shrimp (shrimp) from Brazil, India, and Thailand. See
  Certain Frozen Warmwater Shrimp from Brazil, India and Thailand:
  Notice of Initiation of Administrative Reviews, 74 FR 15699 (April 7,
  2009). This notice should have also indicated that the Department
  received a timely request to revoke, in part, the antidumping duty
  order on shrimp from India with respect to Devi Sea Foods Limited, an
  exporter and producer of shrimp from India.
\4\ The Department received a request for an administrative review of
  the antidumping order on stainless steel sheet and strip in coils
  (``SSSSC'') from Taiwan with respect to Tung Mung Development Co.,
  Ltd. (``Tung Mung'') (as to subject merchandise as set forth in Notice
  of Amended Final Determination in Accordance With Court Decision of
  the Antidumping Duty Investigation of Stainless Steel Sheet and Strip
  in Coils From Taiwan, 69 FR 67311 (Nov. 17, 2004)). SSSSC produced and
  exported by Tung Mung was excluded from this order effective October
  16, 2002. Id. However, exports of SSSSC produced by Tung Mung and
  exported to the United States by Ta Chen Stainless Pipe Co., Ltd.
  (``Ta Chen'') remain subject to the order, and thus this
  administrative review covers exports of SSSSC produced by Tung Mung in
  Taiwan and exported to the United States by Ta Chen.
\5\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of Circular Welded Carbon Quality Steel Pipe
  from the People's Republic of China (``PRC'') who have not qualified
  for a separate rate are deemed to be covered by this review as part of
  the single PRC entity of which the named exporters are a part.
\6\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of Persulfates from the PRC who have not
  qualified for a separate rate are deemed to be covered by this review
  as part of the single PRC entity of which the named exporters are a
  part.
\7\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of Saccahrin from the PRC who have not
  qualified for a separate rate are deemed to be covered by this review
  as part of the single PRC entity of which the named exporters are a
  part.

    During any administrative review covering all or part of a period 
falling between the first and second or third and fourth anniversary of 
the publication of an antidumping order under 19 CFR 351.211 or a 
determination under 19 CFR 351.218(f)(4) to continue an order or 
suspended investigation (after sunset review), the Secretary, if 
requested by a domestic interested party within 30 days of the date of 
publication of the notice of initiation of the review, will determine, 
consistent with FAG Italia v.United States, 291 F.3d 806 (Fed. Cir. 
2002), as appropriate, whether antidumping duties have been absorbed by 
an exporter or producer subject to the review if the subject 
merchandise is sold in the United States through an importer that is 
affiliated with such exporter or producer. The request must include the 
name(s) of the exporter or producer for which the inquiry is requested.
    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 351.305.On 
January 22, 2008, the Department published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to 
administrative reviews included in this notice of initiation. Parties 
wishing to participate in any of these administrative reviews should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of separate letters of appearance as discussed at 19 CFR 
351.103(d)).
    These initiations and this notice are in accordance with section 
751(a) of the Tariff Act of 1930, as amended (19 USC 1675(a)) and 19 
CFR 351.221(c)(1)(i).


[[Page 42877]]


    Dated: August 19, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-20500 Filed 8-24-09; 8:45 am]
BILLING CODE 3510-DS-S