Department of Commerce July 2005 – Federal Register Recent Federal Regulation Documents

NMFS issues a final rule to implement Amendment 10 to the Fishery Management Plan for the Scallop Fishery off Alaska (FMP), which modifies the gear endorsements under the License Limitation Program (LLP) for the scallop fishery. This action is necessary to allow increased participation by LLP license holders in the scallop fisheries off Alaska. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, and other applicable laws.

The Department of Commerce (``the Department'') is conducting the seventeenth administrative review of the antidumping duty order on tapered roller bearings and parts thereof, finished or unfinished, (``TRBs'') from the People's Republic of China (``PRC'') covering the period June 1, 2003, through May 31, 2004. We have preliminarily determined that sales have been made below normal value. Further, we have preliminarily determined to apply an adverse facts available (``AFA'') rate to all sales and entries of the Yantai Timken Company's (``Yantai Timken's'') subject merchandise during the period of review (``POR''). If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the POR, for which the importer-specific assessment rates are above de minimis. Interested parties are invited to comment on these preliminary results. We will issue the final results no later than 120 days from the date of publication of this notice.

In response to requests from respondent Ta Chen Stainless Pipe Co., Ltd. (Ta Chen) and from petitioners Markovitz Enterprises, Inc. (Flowline Division), Gerlin, Inc., Shaw Alloy Piping Products, Inc., and Taylor Forge Stainless, Inc., (collectively, petitioners), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain stainless steel butt-weld pipe fittings from Taiwan. Petitioners requested that the Department conduct the administrative review for Ta Chen, Liang Feng Stainless Steel Fitting Co., Ltd. (Liang Feng), Tru- Flow Industrial Co., Ltd. (Tru-Flow), and PFP Taiwan Co., Ltd. (PFP). With regard to Ta Chen, we preliminarily determine that sales have been made below normal value (NV). Although Tru-Flow certified to the Department that it had no sales, entries or shipments to the United States during the period of review (POR), the Department found information indicating that there were entries of subject merchandise manufactured by Tru-Flow. Because Tru-Flow subsequently did not respond to section A of the Department's requests for information, we are preliminarily applying facts available with adverse inference to determine Tru-Flow's margin. Liang Feng and PFP certified that they had no sales or shipments of subject merchandise to the United States during the POR, and requested exclusion from answering the Department's questionnaire. Based upon Liang Feng's and PFP's certified statements and on information from U.S. Customs and Border Protection (CBP) indicating that these companies had no shipments to the United States of the subject merchandise during the POR, we hereby give notice that we intend to rescind the review regarding these companies. For a full discussion of the intent to rescind with respect to Liang Feng and PFP, see the ``Notice of Intent to Rescind in Part'' section of this notice. If these preliminary results of review of Ta Chen's sales are adopted in the final results, we will instruct CBP to assess antidumping duties on appropriate entries based on the difference between the constructed export price (CEP) and the NV. Interested parties are invited to comment on these preliminary results. Parties who submit argument in this proceeding are requested to submit with the argument: 1) a statement of the issues, 2) a brief summary of the argument, and 3) a table of authorities.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject Exempted Fishing Permit (EFP) application contains all the required information and warrants further consideration. The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Northeast (NE) Multispecies Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, the Assistant Regional Administrator proposes to recommend that an EFP be issued to test gear modification to reduce bycatch in the NE multispecies fishery that would allow three commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would allow for exemptions from the FMP as follows: The Gulf of Maine (GOM) minimum mesh size requirements. Initially, the applicant requested an EFP to conduct research during May to July 15, 2005, and requested an exemption from the regulations pertaining to the GOM Rolling Closure Areas II and III at Sec. 648.81(f)(1)(ii) and (iii), respectively. Due to an oversight, exemptions from GOM minimum mesh size requirements and from the GOM Rolling Closure Area IV (Sec. 648.81(f)(1)(iv)) were omitted from the May 16, 2005 Federal Register notice (70 FR 25814) announcing the EFP for the project. This revision proposes a GOM minimum mesh size exemption (the GOM Rolling Closure Area exemptions would no longer be necessary due to the timing of this action) and would extend the duration of the project to August 12, 2005. 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.

On December 1, 2004, the Department of Commerce (``the Department'') initiated sunset reviews of the antidumping duty orders on certain carbon steel butt-weld pipe fittings (``pipe fittings'') from Brazil, Taiwan, Japan, Thailand, and the People's Republic of China pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On the basis of a notice of intent to participate and adequate substantive responses filed on behalf of domestic interested parties and inadequate response from respondent interested parties, the Department conducted expedited (120-day) sunset reviews. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice.

The Department of Commerce (``the Department'') has received a request to conduct a new shipper review of the antidumping duty (``AD'') order on certain welded carbon steel pipe and tube from Turkey. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.214, we are initiating an AD new shipper review for Tos[ccedil]elik Profil ve Sac Endustrisi A.S. (``Tos[ccedil]elik''), and its affiliated export trading company, Tosyali Dis Ticaret A.S. (``Tosyali'').

NMFS announces its intent to develop recovery plans for 16 ESUs of Pacific salmon and steelhead in the Northwest listed as threatened or endangered under the Endangered Species Act (ESA) and requests information from the public. NMFS is required by the ESA to develop and implement recovery plans for the conservation and survival of listed species. NMFS is working with state, Federal, tribal and local entities in Washington, Oregon and Idaho to produce draft recovery plans by December 2005.

NMFS issues this final rule to implement Amendment 15 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). This final rule establishes a limited access system for the commercial fishery for Gulf and Atlantic migratory group king mackerel by capping participation at the current level. The final rule also changes the fishing year for Atlantic migratory group king and Spanish mackerel to March through February. The intended effects of this final rule are to provide economic and social stability in the fishery by preventing speculative entry into the fishery and to mitigate adverse impacts associated with potential quota closures.

NMFS is clarifying emergency regulations that closed portions of Federal waters of the Gulf of Maine, Georges Bank, and southern New England to the harvest of bivalve shellfish due to the presence of the toxin that causes Paralytic Shellfish Poisoning (PSP). This correction will allow for the collection and testing of samples for the toxin that causes PSP. In addition, this rule will correct the effective date for the definition of a ``Category 1 herring vessel'' and reinstate a prohibition on the sale of certain haddock that was inadvertently overwritten by the emergency rule.

OCRM published a document in the Federal Register of June 24, 2005, announcing dates of the public scoping meetings pursuant to the National Environmental Policy Act (NEPA). The document contained incorrect citations of Alaska State regulations, and the years when the regulatory and legislative changes were made, and misstated the type of information NOAA is seeking from the public in the first sentence of DATES, and did not provide information regarding where the public could find a copy of the Alaska program change.

On June 24, 2005 the binational panel issued its decision in the review of the five year review made by the International Trade Commission, respecting Gray Portland Cement and Clinker from Mexico, NAFTA Secretariat File Number USA-MEX-2000-1904-10. The binational panel affirmed in part and remanded in part the International Trade Commission's determination. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.

On December 27, 2004, the Department published the Preliminary Results of the second administrative review of the antidumping duty order on honey from the People's Republic of China (``PRC'') (69 FR 77184). This review covers nine exporters or producer/exporters: (1) Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. (``Zhejiang''); (2) Shanghai Eswell Enterprise Co., Ltd. (``Eswell''); (3) Wuhan Bee Healthy Company, Ltd. (``Wuhan Bee''); (4) Jinfu Trading Co., Ltd. (``Jinfu''); (5) Sichuan- Dujiangyan Dubao Bee Industrial Co., Ltd. (``Dubao''); (6) Inner Mongolia Autonomous Region Native Produce and Animal By-Products Import & Export Corp. (``Inner Mongolia''); (7) Shanghai Xiuwei International Trading Co., Ltd. (``Shanghai Xiuwei''); (8) Shanghai Shinomiel International Trade Corporation (``Shanghai Shinomiel''); and (9) Kunshan Foreign Trade Company (``Kunshan''), and exports of the subject merchandise to the United States during the period December 1, 2002 through November 30, 2003. Based on our analysis of the record, including factual information obtained since the Preliminary Results, we have made changes to the margin calculations for Zhejiang, Eswell, Wuhan Bee, and Jinfu. Based on Dubao's non-cooperation after the Preliminary Results, we have applied total adverse facts available to all of Dubao's sales during the POR. Therefore, the final results differ from the Preliminary Results. See ``Final Results of Review'' section below

The Mid-Atlantic Fishery Management Council's Summer Flounder Monitoring Committee, Scup Monitoring Committee, Black Sea Bass Monitoring Committee, and Bluefish Monitoring Committee will hold a public meeting.

The Departments of Commerce and the Interior (the Departments) propose amending their regulations governing watch duty-exemption allocations and the watch and jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands). The proposed rule would amend the regulations by making technical changes required by passage of the Miscellaneous Trade and Technical Corrections Act of 2004; extending the duty refund benefits to include the value of usual and customary health insurance, life insurance and pension benefits; raising the ceiling on the amount of jewelry that qualifies for the duty refund benefit; allowing new insular jewelry producers to assemble jewelry and have such jewelry treated as an article of the insular possessions for up to 18 months after the jewelry company commences assembly operations; allowing duty refund certificate holders to secure a duty refund on any articles that are imported into the customs territory of the United States by the certificate holder duty paid; providing a more comprehensive definition of ``unit;'' adjusting the amount of watch repairs that are eligible for the duty refund; providing compensation to insular watch producers if tariffs on watches and watch movements are reduced; and clarifying which wages are eligible for purposes of determining the duty refund and identifying which records are needed for the audit.

In April 2005, NMFS proposed to list the Southern Distinct Population Segment (DPS) of the North American green sturgeon (Acipenser medirostris; hereafter ``green sturgeon'') as threatened under the Endangered Species Act. NMFS is extending the public comment period on the proposed listing determination until July 27, 2005.

NMFS apportions amounts of the non-specified reserve of groundfish to the ``other flatfish'' initial total allowable catch (ITAC) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI.

The Department of Commerce has completed the allocation of the increase in the 2005 worsted wool fabric tariff rate quota (TRQ) mandated by the ``Wool Suit and Textile Trade Extension Act of 2004'' (included in the Miscellaneous Trade and Technical Corrections Act of 2004, H.R. 1047). These actions were taken in accordance with Department of Commerce regulations (15 CFR 335) (70 FR 25774). The increases in the 2005 TRQs are: 1 million square meters for Harmonized Tariff Schedule (HTS) 9902.51.11 to an annual total level of 5.5 million square meters (worsted wool fabrics with average fiber diameters greater than 18.5 microns) and 1.5 million square meters for HTS 9902.51.15 to an annual total level of 5 million square meters (worsted wool fabrics with average fiber diameters of 18.5 microns or less).

The New England Fishery Management Council's (Council) Scallop Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The Department of Commerce, in consultation with the Secretary of Agriculture, has prepared its quarterly update to the annual list of foreign government subsidies on articles of cheese subject to an in- quota rate of duty during the period January 1, 2005, through March 31, 2005. We are publishing the current listing of those subsidies that we have determined exist.

In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating five-year (``sunset'') reviews of the antidumping duty orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers these same orders.

On June 14, 2005, in Alloy Piping Products, Inc., Flowline Division, et al. v. United States, Slip Op. 05-69, (``Alloy Piping II''), the Court of International Trade (``CIT'') affirmed the Department of Commerce's (the ``Department'') Final Results of Determination Pursuant to Remand (``Remand Results''), dated February 14, 2005. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a ``conclusive'' decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection (``Customs'') to liquidate all relevant entries from Ta Chen Stainless Steel Pipe, Ltd. (``Ta Chen'') and revise the cash deposit rates as appropriate.