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

The Bureau of the Census (Census Bureau) is conducting the 2005 Company Organization Survey. The survey's data are needed, in part, to update the multilocation companies in the Business Register. The survey, which has been conducted annually since 1974, is designed to collect information on the number of employees, payroll, geographic location, current operational status, and kind of business for the establishments of multilocation companies. We have determined that annual data collected from this survey are needed to aid the efficient performance of essential governmental functions and have significant application to the needs of the public and industry. The data derived from this survey are not available from any other source.

On September 14, 2005 the Department of Commerce (the ``Department'') published the final results and final rescission, in part, of the administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (``PRC''), covering the period of review (POR) February 1, 2003, through January 31, 2004. See Certain Preserved Mushrooms from the People's Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR 54361 (September 14, 2005) (``Final Results''). We are amending our Final Results to correct ministerial errors made in the calculations of the dumping margins for Xiamen International Trade & Industrial Co., Ltd. (``XITIC''), Shandong Jiufa Edible Fungus Corporation, Ltd. (``Jiufa'') and Guangxi Hengxian Pro-Lights Foods, Inc. (``Guangxi Hengxian'') pursuant to section 751(h) of the Tariff Act of 1930, as amended (the Act).

On April 4, 2005, the Department of Commerce (the Department) published a notice of initiation of changed circumstance review of the antidumping order on certain circular welded carbon steel pipes and tubes from Taiwan to determine whether Yieh Phui is a successor-in- interest to Yieh Hsing. See Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Initiation of Antidumping Duty Changed Circumstance Review, 70 FR 17063 (April 4, 2005) (Initiation Notice). We have preliminarily concluded that Yieh Phui Enterprise, Ltd. (Yieh Phui) is the successor-in-interest to Yieh Hsing Enterprise, Ltd. (Yieh Hsing) for purposes of determining antidumping duty liability in this proceeding. Interested parties are invited to comment on these preliminary results.

The South Atlantic Fishery Management Council (SAFMC) will hold a meeting of its King and Spanish Mackerel Advisory Panel (AP) via conference call to address: (1) Amendment 17 to the Coastal Migratory Pelagic Resources (Mackerel) Fishery Management Plan for the Gulf of Mexico and South Atlantic, and (2) the coastal migratory pelagics resources component of Generic Amendment 3 for Addressing Essential Fish Habitat (EFH) Requirements, Habitat Areas of Particular Concern (HAPC), and Adverse Effects of Fishing in the Following Fishery Management Plans of the Gulf of Mexico: Shrimp, Red Drum, Reef Fish, Stone Crab, Coral and Coral Reefs in the Gulf of Mexico, and Spiny Lobster and the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic. Amendment 17 addresses the current charter/ headboat permit moratorium for the Gulf of Mexico fishery. See SUPPLEMENTARY INFORMATION.

The South Atlantic Fishery Management Council (Council) will convene a series of 10 public hearings regarding Amendment 13C to the Snapper Grouper Fishery Management Plan. Amendment 13C is intended to eliminate or phase out overfishing of snowy grouper, golden tilefish, vermilion snapper, and black sea bass; and increase red porgy harvest consistent with the red porgy rebuilding plan. The underlying need of the amendment is to end overfishing while achieving optimum yield from each fishery through the implementation of new or modification of existing regulations. To address overfishing, the Council is proposing regulations that can be implemented in early 2006, with provisions to allow for a year-round fishery to occur. More specifically, the Council is considering, for the commercial sector, new or adjusted: catch quotas, size limits, trip limits, seasonal closures, fishing year start dates, and gear restrictions. Management measures for the recreational sector would include new or adjusted: catch allocations, bag limits, size limits, and seasonal closures.

The National Marine Fisheries Service (NMFS) announces its intent to prepare an Environmental Impact Statement (EIS) to analyze the environmental impacts of issuing permits facilitating research on endangered northern right whales. Publication of this notice begins the official scoping process that will help identify alternatives and determine the scope of environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process and provides information on how to participate.

This document corrects an earlier version of this action that was published on October 3, 2005, in which the ACTION statement was omitted. The Oregon Department of Fish and Wildlife (ODFW) has submitted a Fishery Management and Evaluation Plan (FMEP) and the Washington Department of Fish and Wildlife (WDFW) has submitted an amendment to an FMEP pursuant to the protective regulations promulgated for Lower Columbia River (LCR) coho salmon under the Endangered Species Act. The FMEPs specify the future management of inland recreational fisheries potentially affecting LCR coho salmon. This document serves to notify the public of the availability of the FMEPs for review and comment before final approval or disapproval is made by NMFS.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that a letter of authorization to take several species of marine mammals incidental to operation of a low frequency sound source by the North Pacific Acoustic Laboratory (NPAL) has been issued to the University of California San Diego, Scripps Institution of Oceanography (Scripps).

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 September 22, 2005, in Tianjin Machinery Import & Export Corp., v. United States and Ames True Temper, Slip Op. 05-127, the Court of International Trade (CIT) affirmed the Results of Redetermination Pursuant to Court Remand released by the Department of Commerce (the Department) on July 20, 2004. 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 (CBP) to liquidate all relevant entries from Tianjin Machinery Import & Export Corporation (TMC), as appropriate.

In response to a request made on July 28, 2005, by Pastificio Laporta S.a.s., the Department of Commerce initiated an administrative review of the countervailing duty order on certain pasta from Italy, covering the period January 1, 2004, through December 31, 2004. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 70 FR 51009 (August 29, 2005). As a result of a timely withdrawal of the request for review by Pastificio Laporta S.a.s., we are rescinding this review, in part.

The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that Produits Forestiers Arbec Inc. (Arbec) is the successor-in- interest to Unifor[ecirc]t Inc. (Unifor[ecirc]t) and, as a result, should be accorded the same treatment previously accorded to Unifor[ecirc]t in regard to the antidumping order on certain softwood lumber products from Canada as of the date of publication of this notice in the Federal Register.

The Gulf of Mexico Fishery Management Council (Council) will convene public hearings to solicit comments on draft Amendment 26 to the Reef Fish Fishery Management Plan (FMP) that contains alternatives to establish an individual fishing quota (IFQ) program for the commercial red snapper fishery in the Gulf of Mexico that has been declared to be overfished and undergoing overfishing.

On October 5, 2005, the binational panel issued its decision in the review of the final results of the countervailing duty determination made by the International Trade Administration (ITA) respecting Certain Softwood Lumber Products from Canada (Secretariat File No. USA-CDA-2002-1904-03) affirmed in part and remanded in part the determination of the Department of Commerce. The Department will return the determination on remand no later than October 28, 2005. A copy of the complete panel decision is available from the NAFTA Secretariat.

Notice is hereby given that The Georgia Aquarium, 2451 Cumberland Parkway, Suite 3639, Atlanta, GA 30339-6157 [Jeffery S. Swanagan, Responsible Party] has been issued a permit to import two beluga whales (Delphinapterus leucas) for public display.

NMFS is opening directed fishing for Atka mackerel with gears other than jig in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2005 Atka Mackerel total allowable catch (TAC) specified for gears other than jig in the Eastern Aleutian District and the Bering Sea subarea of the BSAI.

NMFS is prohibiting directed fishing for Atka mackerel in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 Atka mackerel total allowable catch (TAC) in the Western Aleutian District of the BSAI.

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 May 27, 2004, in response to timely requests from an exporter of, and a U.S. importer of, merchandise subject to the order on certain automotive replacement glass (``ARG'') windshields from the People's Republic of China (``PRC''), in accordance with section 751(a) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``Department'') published in the Federal Register a notice of initiation of this antidumping duty administrative review of sales by certain exporters/producers. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 30694 (May 27, 2005) (``Initiation Notice''). Because Shenzhen CSG Automotive Glass Co., Ltd. (``CSG'') and Pilkington North America, Inc (``PNA'') have withdrawn their requests for administrative review and no other parties requested an administrative review of these entities, the Department is rescinding this review of sales by CSG and PNA in accordance with 19 CFR 351.213(d)(1).

The South Atlantic Fishery Management Council (Council) will conduct a workshop to finalize the Council's Deepwater Coral Research and Monitoring Plan in St. Petersburg, FL.

Notice is hereby given that NMFS has received one scientific research permit application and 18 modification requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts.

In response to a request from Kunshan Xin'an Trade Co., Ltd., the Department of Commerce (``the Department'') initiated a new shipper review of the antidumping duty order on honey from the People's Republic of China. The period of review (``POR'') is December 1, 2003, through November 30, 2004. For the reasons discussed below, we are rescinding this new shipper review.