Buy American Exception Under the American Recovery and Reinvestment Act of 2009, 9624-9625 [2012-3837]

Download as PDF 9624 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices Dated: February 10, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. International Trade Administration Part, 76 FR 67133, 67138 (Oct. 31, 2011); and Correction to Initiation of 2010–2011 Antidumping Duty Administrative Review: Narrow Woven Ribbons With Woven Selvedge From Taiwan, 77 FR 82 (Jan. 3, 2012). On January 30, 2012, the petitioner withdrew its requests for an administrative review for all of the above-listed companies except Hubschercorp. [A–583–844] Rescission, in Part Narrow Woven Ribbons With Woven Selvedge From Taiwan: Rescission, in Part, of Antidumping Duty Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party that requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. The petitioner’s request was submitted within the 90day period and, thus, is timely. Because the petitioner’s withdrawal of request for an antidumping duty administrative review is timely and because no other party requested a review of these companies, in accordance with 19 CFR 351.213(d)(1), we are rescinding this administrative review with respect to the following companies: (1) Apex Ribbon; (2) Apex Trimmings; (3) FinerRibbon.com; (4) Hsien Chan Enterprise Co., Ltd.; (5) Intercontinental Skyline; (6) Multicolor Inc.; (7) Novelty Handicrafts Co., Ltd.; (8) Pacific Imports; (9) Papillon Ribbon & Bow (Canada); (10) Shienq Huong Enterprise Co., Ltd.; and (11) Supreme Laces, Inc. The administrative review will continue with respect to Hubschercorp. [FR Doc. 2012–3787 Filed 2–16–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: February 17, 2012. AGENCY: FOR FURTHER INFORMATION CONTACT: Hector Rodriguez or Holly Phelps, AD/ CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0629 or (202) 482– 0656, respectively. mstockstill on DSK4VPTVN1PROD with NOTICES Background On September 2, 2011, the Department of Commerce (Department) published a notice of opportunity to request an administrative review of the antidumping duty order on narrow woven ribbons with woven selvedge from Taiwan covering the period September 1, 2010, through August 31, 2011. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 76 FR 54735, 54736 (Sept. 2, 2011). The Department received a timely request for an antidumping duty administrative review from the petitioner, Berwick Offray LLC and its wholly-owned subsidiary Lion Ribbon Company, Inc., for the following companies: (1) Apex Ribbon; (2) Apex Trimmings; (3) FinerRibbon.com; (4) Hsien Chan Enterprise Co., Ltd.; (5) Hubschercorp; (6) Intercontinental Skyline; (7) Multicolor Inc.; (8) Novelty Handicrafts Co., Ltd.; (9) Pacific Imports; (10) Papillon Ribbon & Bow (Canada); (11) Shienq Huong Enterprise Co., Ltd.; and (12) Supreme Laces, Inc. On October 31, 2011, the Department published a notice of initiation of administrative review with respect to these companies. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in VerDate Mar<15>2010 19:08 Feb 16, 2012 Jkt 226001 Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Each of the eleven companies listed above shall be assessed antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice. Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 13, 2012. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–3785 Filed 2–16–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number 120110038–2037–01] Buy American Exception Under the American Recovery and Reinvestment Act of 2009 National Institute of Standards and Technology, U.S. Department of Commerce. SUMMARY: The Department of Commerce, National Institute of Standards and Technology is providing notice of a determination of an exception to the Buy American Provisions of the American Recovery and Reinvestment Act of 2009 (ARRA or Recovery Act), for a heat recovery ventilator necessary for a energy residential test facility at NIST. FOR FURTHER INFORMATION CONTACT: Michael Szwed, Contracting Officer, Acquisition Management Division, 301– 975–6330, National Institute of Standards and Technology, 100 Bureau Drive, Mailstop 1640, Gaithersburg, Maryland 20899. SUPPLEMENTARY INFORMATION: Section 1605 of the Recovery Act (Pub. L. 111– 5) ‘‘prohibits use of recovery funds for a project for the construction, alteration, AGENCY: E:\FR\FM\17FEN1.SGM 17FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.’’ 2 CFR 176.60. However, section 1605(b)(1) and (2) of the Recovery Act also allow the head of a Federal department or agency to issue a ‘‘determination of inapplicability’’ of these provisions to any procurement of the listed items if the restrictions would be inconsistent with the public interest; if the iron, steel, or relevant manufactured good is only available at an unreasonable cost; or if it is not produced or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality (‘‘non-availability’’). Pursuant to sections 1605(b)(1) and (2), NIST has determined that the required heat recovery ventilator is not available in the United States. In September 2010, NIST awarded an American Recovery and Reinvestment Act of 2009 (ARRA or Recovery Act) contract in the amount of $2,580,110 to Therrien Waddell for the construction of a NETZERO Energy Residential Test Facility (NZERTF) at NIST in Gaithersburg, MD. The objective of the NZERTF is to demonstrate that a home, similar in aesthetics to a home in surrounding communities, can produce as much energy on an annual basis as it uses in on-site renewable resources. The contract required that the contractor purchase and install one Venmar EKO 1.5 heat recovery ventilator (HRV), which was estimated to cost $1,600. The specified HRV is manufactured in Germany. An HRV is a piece of mechanical equipment that provides mechanical (as opposed to natural) ventilation for facilities like the NZERTF and allows the building to be sealed tight against air leakage. The specified HRV is essential to meet the project objective, as it reduces the energy required to heat and cool the home while providing acceptable indoor air quality. Without the specified residential-sized HRV, the annual energy required for the home exceeds the amount that can be produced by the solar panels and thus the facility would not meet its design objective of net zero energy on an annual basis. Based on NIST’s and the contractor’s review of the market place and various vendors’ product availability, NIST determined there were no HRVs manufactured in the United States that met the contract specifications or NIST’s requirements. Pursuant to section 1605, NIST has determined that the required heat recovery ventilator is ‘‘not available.’’ VerDate Mar<15>2010 19:08 Feb 16, 2012 Jkt 226001 Authority: Pub. L. 111–5, section 1605. Dated: February 13, 2012. Willie E. May, Associate Director for Laboratory Programs. [FR Doc. 2012–3837 Filed 2–16–12; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number: 110524296–2097–03] Recommendations for Establishing an Identity Ecosystem Governance Structure for the National Strategy for Trusted Identities in Cyberspace National Institute of Standards and Technology, Department of Commerce. ACTION: Notice. AGENCY: The National Institute of Standards and Technology announces the release of a paper entitled Recommendations for Establishing an Identity Ecosystem Governance Structure on Tuesday, February 7, 2012. This paper supports the implementation of the National Strategy for Trusted Identities in Cyberspace and responds to comments received in response to the related Notice of Inquiry published in the Federal Register on June 14, 2011. DATES: The Recommendations for Establishing an Identity Ecosystem Governance Structure paper was made available on February 7, 2012. ADDRESSES: The Recommendations for Establishing an Identity Ecosystem Governance Structure paper is available at www.nist.gov/nstic/2012-nsticgovernance-recs.pdf. The NIST Web site for the NSTIC and its implementation is www.nstic.gov. FOR FURTHER INFORMATION CONTACT: For questions about this request contact: Annie Sokol, Information Technology Laboratory, National Institute of Standards and Technology, U.S. Department of Commerce, 100 Bureau Drive, Mailstop 8930, Gaithersburg, MD 20899, telephone (301) 975–2006; email nsticgovernance@nist.gov. Please direct media inquiries to the Director of NIST’s Office of Public Affairs, gail.porter@nist.gov. SUPPLEMENTARY INFORMATION: The paper entitled Recommendations for Establishing an Identity Ecosystem Governance Structure was written in support of the implementation of the National Strategy for Trusted Identities in Cyberspace (NSTIC). On June 14, 2011, NIST published a Notice of Inquiry in the Federal Register (76 FR SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 9625 34650), requesting input from the public regarding Models for a Governance Structure for the National Strategy for Trusted Identities in Cyberspace. On August 16, 2011, NIST published a Notice in the Federal Register (76 FR 50719), extending the deadline for comments. The paper summarizes the comments received in response to the NOI and provides recommendations and intended government actions to serve as a catalyst for establishing such a governance structure. The recommendations result from comments and suggestions received from the NOI respondents as well as best practices and lessons learned from similarly scoped governance efforts. To accelerate the launch of the Steering Group, the paper integrates the recommendations into a proposed Steering Group charter. Dated: February 13, 2012. Patrick Gallagher, Under Secretary of Commerce for Standards and Technology. [FR Doc. 2012–3835 Filed 2–16–12; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Presentation of Final Conventional Conformance Test Criteria and Common Air Interface (CAI) Features/ Functionalities Under Test in the Project 25 Compliance Assessment Program and Meeting To Seek Comment on Conventional Conformance Tests for Inclusion in the Program National Institute of Standards and Technology (NIST), Department of Commerce. AGENCY: Notice of Public Meeting and Request for Comments. ACTION: The U.S. Department of Commerce’s (DOC) National Institute of Standards and Technology (NIST), Law Enforcement Standards Office (OLES), in partnership with the U.S. Department of Homeland Security (DHS) Office for Interoperability and Compatibility (OIC), will hold a public meeting on Thursday, March 15, 2012 at 1 p.m. Mountain Time, via teleconference. The purpose of the meeting is to present the final criteria for assessing the suitability of P25 Compliance Assessment Program (CAP) conventional conformance tests, as well as the final, prioritized list of features and functionalities that will require conformance testing in the P25 CAP. SUMMARY: E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Notices]
[Pages 9624-9625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3837]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number 120110038-2037-01]


Buy American Exception Under the American Recovery and 
Reinvestment Act of 2009

AGENCY: National Institute of Standards and Technology, U.S. Department 
of Commerce.
SUMMARY: The Department of Commerce, National Institute of Standards 
and Technology is providing notice of a determination of an exception 
to the Buy American Provisions of the American Recovery and 
Reinvestment Act of 2009 (ARRA or Recovery Act), for a heat recovery 
ventilator necessary for a energy residential test facility at NIST.

FOR FURTHER INFORMATION CONTACT: Michael Szwed, Contracting Officer, 
Acquisition Management Division, 301-975-6330, National Institute of 
Standards and Technology, 100 Bureau Drive, Mailstop 1640, 
Gaithersburg, Maryland 20899.

SUPPLEMENTARY INFORMATION: Section 1605 of the Recovery Act (Pub. L. 
111-5) ``prohibits use of recovery funds for a project for the 
construction, alteration,

[[Page 9625]]

maintenance, or repair of a public building or public work unless all 
of the iron, steel, and manufactured goods used in the project are 
produced in the United States.'' 2 CFR 176.60. However, section 
1605(b)(1) and (2) of the Recovery Act also allow the head of a Federal 
department or agency to issue a ``determination of inapplicability'' of 
these provisions to any procurement of the listed items if the 
restrictions would be inconsistent with the public interest; if the 
iron, steel, or relevant manufactured good is only available at an 
unreasonable cost; or if it is not produced or manufactured in the 
United States in sufficient and reasonably available quantities and of 
a satisfactory quality (``non-availability''). Pursuant to sections 
1605(b)(1) and (2), NIST has determined that the required heat recovery 
ventilator is not available in the United States.
    In September 2010, NIST awarded an American Recovery and 
Reinvestment Act of 2009 (ARRA or Recovery Act) contract in the amount 
of $2,580,110 to Therrien Waddell for the construction of a NETZERO 
Energy Residential Test Facility (NZERTF) at NIST in Gaithersburg, MD. 
The objective of the NZERTF is to demonstrate that a home, similar in 
aesthetics to a home in surrounding communities, can produce as much 
energy on an annual basis as it uses in on-site renewable resources.
    The contract required that the contractor purchase and install one 
Venmar EKO 1.5 heat recovery ventilator (HRV), which was estimated to 
cost $1,600. The specified HRV is manufactured in Germany. An HRV is a 
piece of mechanical equipment that provides mechanical (as opposed to 
natural) ventilation for facilities like the NZERTF and allows the 
building to be sealed tight against air leakage.
    The specified HRV is essential to meet the project objective, as it 
reduces the energy required to heat and cool the home while providing 
acceptable indoor air quality. Without the specified residential-sized 
HRV, the annual energy required for the home exceeds the amount that 
can be produced by the solar panels and thus the facility would not 
meet its design objective of net zero energy on an annual basis.
    Based on NIST's and the contractor's review of the market place and 
various vendors' product availability, NIST determined there were no 
HRVs manufactured in the United States that met the contract 
specifications or NIST's requirements. Pursuant to section 1605, NIST 
has determined that the required heat recovery ventilator is ``not 
available.''

    Authority: Pub. L. 111-5, section 1605.

    Dated: February 13, 2012.
Willie E. May,
Associate Director for Laboratory Programs.
[FR Doc. 2012-3837 Filed 2-16-12; 8:45 am]
BILLING CODE 3510-13-P

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