Department of Commerce 2005 – Federal Register Recent Federal Regulation Documents

The Mid-Atlantic Fishery Management Council (Council), its Research Set-Aside Committee, its Joint Spiny Dogfish Committee, its Ecosystems Committee, its Law Enforcement Committee, its Atlantic Mackerel, Squid, Butterfish Committee, and its Executive Committee will hold public meetings.

The Department of Commerce (the Department) hereby publishes a list of scope rulings completed between April 1, 2005, and June 30, 2005. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of June 30, 2005. We intend to publish future lists after the close of the next calendar quarter.

The Bureau of the Census (Census Bureau) is proposing to expand the 2005 Annual Trade Survey (ATS) to include agents, brokers, and electronic markets (AGBR). The Census Bureau proposes this expansion at the request of the Bureau of Economic Analysis (BEA). The BEA considers this information vital to its accurate measurement of sales and value added for wholesale trade. These data are important inputs to BEA's preparation of National Income and Product accounts and its annual input-output tables.

On March 10, 2005, the Department of Commerce (the ``Department'') published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on heavy forged hand tools, finished or unfinished, with or without handles (``HFHTs''), from the People's Republic of China (``PRC''). See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Preliminary Results of Administrative Reviews and Preliminary Partial Rescission of Antidumping Duty Administrative Reviews, 70 FR 11934 (March 10, 2005) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results and conducted verification of two Respondents. Based upon our analysis of the comments and information received, we made changes to the dumping margin calculations for the final results. We find that certain manufacturers/exporters sold subject merchandise at less than normal value during the POR.

The Flower Garden Banks National Marine Sanctuary (FGBNMS or Sanctuary) is seeking applicants for the Commercial Fishing seat on its Sanctuary Advisory Council (Council). The Applicant will be selected based upon his or her particular expertise and experience in relation to the seat for which he or she is applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary. The Applicant chosen as a member should expect to serve a 2-year term, pursuant to the Council's Charter.

On September 9, 2005, the binational panel issued its decision in the review of the final determination made by the International Trade Administration, respecting Alloy Magnesium from Canada Final Countervailing Duty Determination, New Shipper Review, Secretariat File No. USA-CDA-2003-1904-02. The binational panel affirmed the International Trade Administration determination with two dissenting opinions and one concurring opinion. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.

On May 13, 2005, the Department of Commerce published the preliminary results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, Singapore and the United Kingdom. The reviews cover 19 manufacturers/exporters. The period of review is May 1, 2003, through April 30, 2004. Based on our analysis of the comments received, we have made changes, including corrections of certain programming and other clerical errors, in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Reviews.''

NMFS establishes regulations to implement an industry fee system for repaying a $97,399,357.11 Federal loan financing a fishing capacity reduction program in the Bering Sea/Aleutian Islands King and Tanner Crab fishery. This action implements the fee system.

On September 1, 2004, the Department of Commerce (``the Department'') initiated its second sunset review of the antidumping (``AD'') findings on sugar from Belgium, France, Germany and the countervailing duty (``CVD'') order on sugar from the European Community. See Notice of Initiation of Five-year (``Sunset'') Reviews, 69 FR 53408 (September 1, 2004). Pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the International Trade Commission (``the ITC''), in its sunset review, determined that revocation of the AD findings on sugar from Belgium, France, Germany and the CVD order on sugar from the European Community (``EC'') would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Sugar From the European Union; Sugar from Belgium, France, and Germany, 70 FR 52446 (September 2, 2005). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the AD findings on sugar from Belgium, France, Germany, and the CVD order on sugar from the EC.

NMFS announces the availability of Generic Amendment 3 to the Fishery Management Plans (FMP) of the Gulf of Mexico (EFH Amendment 3) prepared by the Gulf of Mexico Fishery Management Council (Council). EFH Amendment 3 would amend each of the seven Council FMPs -coral and coral reef resources, coastal migratory pelagics, red drum, reef fish, shrimp, spiny lobster, and stone crab- to describe and identify essential fish habitat (EFH); minimize to the extent practicable the adverse effects of fishing on EFH; and encourage conservation and management of EFH. This amendment would establish additional habitat areas of particular concern (HAPC), restrict fishing activities within HAPCs to protect EFH, and require a weak link in bottom trawl gear to protect EFH. The intended effect of EFH Amendment 3 is to facilitate long-term protection of EFH, and, thus, better conserve and manage fishery resources in the Gulf of Mexico.

On March 7, 2005, the Department of Commerce (the Department) published the preliminary results of its second administrative review of the antidumping duty order on low enriched uranium (LEU) from France. The review covers one producer of the subject merchandise. The period of review (POR) is February 1, 2003, through January 31, 2004. Based on our analysis of the comments received, we have made changes to the preliminary results. For the final dumping margins see the ``Final Results of Review'' section below.

Pursuant to the Federal Advisory Committee Act (Public Law 92- 463 as amended by Public Law 94-409, Public Law 96-523, Public Law 97- 375 and Public Law 105-153), we are giving notice of a meeting of the Bureau of Economic Analysis Advisory Committee. The meeting's agenda is as follows: 1. Director's report/update; 2. Communication of BEA data methodologies and concepts; 3. NAICS, NAPCS and time series continuity; 4. International data needs; 5. Medical care spending.

The National Oceanic and Atmospheric Administration, National Ocean Service publishes this notice to re-open the competitive solicitation for the Coral Reef Ecosystem Studies (CRES) program to provide the public more time to submit proposals

This final rule implements Framework Adjustment 41 (FW 41) to the Northeast (NE) Multispecies Fishery Management Plan (FMP), developed by the New England Fishery Management Council (Council), which expands participation in the existing Closed Area (CA) I Hook Gear Haddock Special Access Program (SAP) to all NE multispecies limited access days-at sea (DAS) vessels fishing with hook gear. This action also modifies some of the management measures currently applicable to the Georges Bank (GB) Cod Hook Sector (Sector) vessels when declared into the CA I Hook Gear Haddock SAP by including modification of the season, haddock total allowable catch (TAC), and restricting vessels to fishing only inside the SAP area on trips declared into the SAP. In addition, NMFS clarifies regulations pertaining to fishing in the Eastern U.S./Canada Haddock SAP Pilot Program Area. Specifically, during the time the SAP is open, eligible vessels can choose to fish in the SAP, and fish outside the SAP in the open areas of the Eastern U.S./Canada Area. This action is intended to mitigate the economic and social impacts resulting from Amendment 13 to the FMP and to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

The Department of Commerce (``the Department'') published its preliminary results of administrative review of the antidumping duty order on automotive replacement glass (``ARG'') windshields from the People's Republic of China (``PRC'') on May 9, 2005. See Automotive Replacement Glass Windshields from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review 70 FR 24373 (May 9, 2005) (``Preliminary Results''). The period of review (``POR'') is April 1, 2003, through March 31, 2004. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made certain changes to our calculations. The final dumping margins for this review are listed in the ``Final Results of Review'' section below.

On May 10, 2005, the Department of Commerce (the Department) self-initiated a changed circumstances review to consider information contained in a recent Federal court decision, Goss International Corp. v. Tokyo Kikai Seisakusho, Ltd., 321 F.Supp.2d 1039 (N.D. Iowa 2004) (Goss Int'l). As detailed in our ``Notice of Initiation of the Changed Circumstances Review,'' evidence was presented in that court proceeding demonstrating that Tokyo Kikai Seisakusho, Ltd. (TKS) intentionally provided false information regarding its sale to the Dallas Morning News (DMN), the subject of the Department's 1997-1998 administrative review. After consideration of comments and information provided for this review, we preliminarily determine that it is appropriate to take the following course of action in order to protect the integrity of the Department's proceedings: (1) Revise TKS' margin for the 1997-1998 review to apply a rate of 59.67 percent based on adverse facts available; (2) rescind the revocation of the antidumping duty order for TKS because TKS no longer qualifies for revocation based on three consecutive administrative reviews resulting in zero dumping margins; and (3) reconsider the revocation of the order under the sunset review provision of the statute (section 751(c) of the Tariff Act of 1930, as amended (the Act)). If these preliminary results are confirmed in the final results, the Department will revise TKS' margin for the 1997-1998 review, rescind the revocation of the antidumping duty order for TKS, and initiate a new sunset review to reconsider the revocation of this order. Interested parties are invited to comment on these preliminary results.