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

The Environmental Technologies Trade Advisory Committee (ETTAC) will hold a plenary meeting on September 16, 2005, at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, in Room 4830. The ETTAC will discuss global climate change mitigation initiatives, the European Union's electronic and other waste initiatives, updated negotiations in the World Trade Organization's environmental goods and services trade liberalization, and the Export-Import Bank's environmental exports program. The afternoon session will include a discussion of the U.S. EPA's Resource Conservation Challenge, the Environmental Technologies Verification (ETV) Program and an overview of the U.S. International Trade Commission's environmental services sector market analysis. The meeting is open to the public and time will be permitted for public comment. Written comments concerning ETTAC affairs are welcome anytime before or after the meeting. Minutes will be available within 30 days of this meeting. The ETTAC is mandated by Public Law 103-392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently rechartered until May 30, 2006. For further information phone Joseph Ayoub, Office of Energy and Environmental Technologies Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482-5225. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at (202) 482-5225.

An emergency rule of February 17, 2005, that established trip limits for the commercial shallow-water and deep-water grouper fisheries in the exclusive economic zone of the Gulf of Mexico is in effect from March 3, 2005, through August 16, 2005. NMFS extends that emergency rule for an additional 180 days through February 12, 2006. The intended effects of that emergency rule are to moderate the rate of harvest of the available quotas, reduce the adverse social and economic effects of derby fishing, enable more effective quota monitoring, and reduce the probability of overfishing.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

On August 10, 2005, the Extraordinary Challenge Committee (ECC) issued its decision in the matter of Certain Softwood Lumber Products from Canada, Secretariat File No. ECC-2004-1904-01USA.

The Department of Commerce (``the Department'') proposes to amend its regulations related to sunset reviews to conform the existing regulation to the United States' obligations under Articles 6.1, 6.2, and 11.3 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (``Antidumping Agreement''). The proposed regulations, if adopted, would amend the ``waiver'' provisions which govern treatment of interested parties who do not provide a substantive response to the Department's notice of initiation of a sunset review and clarify the basis for parties' participation in a public hearing in an expedited sunset review.

NMFS announces that persons who enter the non-longline commercial pelagic fisheries (e.g., troll, handline, pole and line, etc.) in the U.S. exclusive economic zone (EEZ) around the Hawaiian Islands after June 2, 2005 (``control date'') are not guaranteed future participation in the fishery if the Western Pacific Fishery Management Council (WPFMC) recommends, and NMFS approves, a program limiting entry or effort. This action does not commit the WPFMC or NMFS to limit entry, or prevent any other date from being selected for eligibility to participate in the non-longline commercial pelagic fisheries. The WPFMC or NMFS may also use other criteria to limit fishing effort or participation in a limited entry program that is developed in the future.

NMFS extends the public comment period on the proposed rule containing revisions to the National Standard 1 (NS1) guidelines. NMFS has received various requests to extend the comment period for the proposed rule beyond its current 60-day comment period. The extension of the comment period for another 60 days is intended to ensure that NMFS provides adequate time for various stakeholders and members of the public to comment on the proposed revisions to the NS1 guidelines. The comment period is extended from August 22, 2005, to October 21, 2005.

This proposed rule would set requirements for attending protected species workshops, for handling, resuscitating, and releasing sea turtles that are hooked or entangled in fishing gear, and for fishing gear configuration. The proposed rule is intended to reduce and mitigate interactions between sea turtles and vessels managed under the Fishery Management Plan for the Pelagic Fisheries of the Western Pacific Region (Pelagics FMP). This action is being taken to comply with the terms and conditions of a 2004 Biological Opinion resulting from a section 7 consultation under the Endangered Species Act (ESA) on interactions between sea turtles and fisheries managed under the Pelagic FMP.

NMFS proposes this rule to implement the 2005 and 2006 management measures to prevent overfishing of the eastern tropical Pacific Ocean (ETP) tuna stocks, consistent with recommendations by the Inter-American Tropical Tuna Commission (IATTC) that have been approved by the Department of State (DOS) under the Tuna Conventions Act. The purse seine fishery for tuna in the Convention Area would be closed for a 6-week period beginning November 20, 2005, through December 31, 2005, and beginning November 20, 2006, through December 31, 2006. A closure later in the fishing year minimizes the disruption of planned fishery operations, which are not traditionally active during the winter, while meeting the conservation goals for tunas in the ETP. This proposed rule would also close the U.S. longline fishery in the IATTC Convention Area in 2005 and 2006 if the catch reaches the estimated level of 2001. For 2001, the estimated catch of longline caught bigeye tuna was 150 metric tons (mt). This action is taken to limit fishing mortality caused by purse seine fishing and longline fishing in the Convention Area and contribute to long-term conservation of the tuna stocks at levels that support healthy fisheries.

The Pacific Fishery Management Council's (Council) Groundfish Management Team (GMT) will hold a working meeting, which is open to the public.

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting a barging operation within the U.S. Beaufort Sea has been issued to FEX L.P. (FEX), a subsidiary of Talisman Energy, Inc., for a period of 1 year.

Notice is hereby given that Carlos Diez, Departamento de Recursos Naturales y Ambientales de Puerto Rico, P.O. Box 9066600, San Juan, Puerto Rico 00906-6600, has been issued a permit to take hawksbill (Eretmochelys imbricata) and green (Chelonia mydas) sea turtles for purposes of scientific research.

On August 8, 2005, The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Wood Machinery Manufacturers of America (``WMMA'').

On April 7, 2005, the Department of Commerce (``the Department'') published the preliminary results of its administrative review of the antidumping duty order on glycine from the People's Republic of China (``PRC''). See Glycine From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 70 FR 17649 (April 7, 2005) (``Preliminary Results''). The administrative review covers the period March 1, 2003, through February 29, 2004. Based on our analysis of the comments received, we have made changes in the margin calculation. Therefore, the final results differ from the Preliminary Results. The final weighted-average dumping margin for the reviewed company is listed below in the section entitled ``Final Results of Review.''

In antidumping proceedings involving non-market economy (``NME'') countries, the Department of Commerce (``the Department'') calculates normal value by valuing the NME producers' factors of production, to the extent possible, using prices from a market economy that is at a comparable level of economic development and that is also a significant producer of comparable merchandise. The goal of this surrogate factor valuation is to use the ``best available information.'' See section 773(c)(1) of the Tariff Act of 1930; Shangdong Huraong General Corp. v. United States, 159 F. Supp.2d 714, 719 (CIT 2001). Normally, if a respondent or producer of subject merchandise sources an input from a market economy supplier, the Department will use the average input price paid by the respondent to market economy suppliers (in market economy currency) to value all of the given input (both imported and domestically-sourced) used by respondents (or the producers of the subject merchandise), provided certain conditions are met. The Department announced that is was considering options to change certain aspects of its policy and practice regarding market economy input prices and solicited public comment in a May 26, 2005 notice published in the Federal Register (70 FR 30418). In response to this first notice, the Department received 21 submissions from interested parties. After considering these comments, the Department is requesting comments regarding a proposed change to the Department's market economy inputs practice, which is detailed below.

On April 26, 2005, in response to a request from the Government of Ukraine, the Department of Commerce published a notice in the Federal Register initiating a changed circumstances review in order to determine whether Ukraine should continue to be treated as a non- market economy country for purposes of the U.S. antidumping duty law (70 FR 21396). The Department has decided to extend the rebuttal comment period by twenty-one days, pursuant to 19 CFR 351.302(b), making the new deadline for the submission of public comment August 31, 2005. Written comments (original and six copies) should be sent to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, U.S. Department of Commerce, Central Records Unit, Room 1870, 14th Street and Constitution Avenue NW, Washington, DC 20230. All parties submitting comments must comply with the Department's regulations regarding the filing of documents. See 19 CFR 351.303.

Secretary of Commerce Carlos M. Gutierrez will lead a senior- level business development trade mission to Guatemala, El Salvador and Honduras, October 16-22, 2005. The overall focus of the trip will be commercial opportunities for U.S. companies, including joint ventures and export opportunities. In Guatemala City, Guatemala, the participants will have a market briefing followed by two days of one- on-one appointments with potential buyers/partners. There is also a possible meeting with the President of Guatemala and other high level government Officials. In San Salvador, El Salvador the participants will have a market briefing and two days of one-on-one appointments with potential buyers partners. There is also a possible meeting with the President of El Salvador and other high level government officials. The final stop is San Pedro Sula, Honduras where participants will have a market briefing, one-on-one appointments, and a possible meeting with the President and top government officials all rolled into one day.

NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2005 catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI to harvest their Pacific cod allocation.

In connection with the promulgation of its Interim Final Rule (the ``IFR''), also published in this separate part, the Economic Development Administration (``EDA'') will hold a public hearing to receive public comments on the IFR.

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on polyethylene terephthalate film, sheet, and strip (PET film) from India. This CVD review covers two companies. The period of review (POR) is January 1, 2003, through December 31, 2003. For information on the net subsidy rate for the reviewed companies, see the ``Preliminary Results of Administrative Review'' section of this notice. If the final results remain the same as the preliminary results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties as detailed in the ``Preliminary Results of Administrative Review'' section of this notice. Interested parties are invited to comment on these preliminary results. (See the ``Public Comment'' section of this notice.)

On April 7, 2005, the Department of Commerce published the preliminary results of the second administrative review of the antidumping duty order on stainless steel bar from Italy. The period of review is March 1, 2003, through February 29, 2004. This review covers imports of stainless steel bar to the United States from one producer/exporter. Based on our analysis of the comments received, we conclude that the final results do not differ from the preliminary results of review, in which we found that the respondent in this review did not make shipments of subject merchandise to the United States during the period of review. Therefore, we are rescinding the administrative review. In addition, we continue to find that UGITECH S.A. is the successor-in-interest to Ugine-Savoie Imphy S.A. for purposes of determining antidumping duty liability.