Department of Commerce August 2006 – Federal Register Recent Federal Regulation Documents

On July 28, 2006, the United States Court of International Trade (``Court'') granted the joint motion for entry of stipulated judgment filed in Beihai Zhengwu Industry Co. Ltd., et al. v. United States, Court No. 05-00182, by the plaintiffs Shantou SEZ Xu Hao Fastness Freeze Aquatic Factory Co., Ltd.; Zhejiang Taizhou Lingyang Aquatic Products Co.; Taizhou Zhonghuan Industrial Co., Ltd.; Zhejiang Daishan Boafa Aquatic Product Co., Ltd.; Zhejiang Evenew Seafood Co., Ltd.; Zhoushan Juntai Foods Co., Ltd; Zhejiang Zhenglong Foodstuffs Co., Ltd.; Zhoushan Haichang Food Co.; Zhoushan Industrial Co., Ltd.; Zhoushan Putuo Huafa Sea Products Co., Ltd.; and Zhoushan Zhenyang Developing Co., Ltd. (collectively, the eleven respondents) and the defendant, the United States, and dismissed Count 1 of the eleven respondents' complaint. This case arises out of the Departments's Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the People's Republic of China, 70 FR 5149 (February 1, 2005) (``Amended Final Determination'').

On April 12, 2006, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain polyethylene terephthalate film, sheet and strip (PET film) from India. See Certain Polyethylene Terephthalate Film, Sheet and Strip from India: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review, 71 FR 18715 (April 12, 2006) (Preliminary Results). This review covers three producers/exporters of PET film, MTZ Polyfilms, Ltd. (MTZ), Jindal Poly Films Limited\1\ (Jindal), and Polyplex Corporation Ltd. (Polyplex). The period of review (POR) is July 1, 2004, through June 30, 2005. Based on our analysis of the comments received, we made changes to the preliminary dumping margin calculation for one respondent, Jindal. The final weighted-average dumping margin for the reviewed firms are listed below in the section entitled ``Final Results of Review.''

The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject Exempted Fishing Permit (EFP) proposal contains all the required information and warrants further consideration. The 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 Atlantic Sea Scallop Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Regional Administrator proposes to issue an EFP that would allow 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 Atlantic sea scallop open area days-at-sea (DAS), in the event that there is an insufficient number of trips in the scallop access area made available to compensate research authorized under the Sea Scallop Research Set-aside Program (RSA Program).

The Commerce Department's International Trade Administration (ITA) and its U.S. Commercial Service posts in India will host a U.S. delegation to the India Business Summit to be led by Under Secretary for International Trade Franklin L. Lavin, November 29-30, 2006, followed by spin-off missions in six Indian cities, December 4-5, 2006. Leaders of U.S. business, industry, education, and state and local government are among those encouraged to take part in the Summit, which will provide access to India's high-level business, industry, and government representatives and insights into the country's trade and investment climate. The spin-off missions in Bangalore, Calcutta, Chennai, Hyderabad, Mumbai, and New Delhi are open to qualified U.S. exporters in a range of sectors; they will include market briefings, networking events, and one-on-one business appointments with prospective agents, distributors, partners, and end-users. Recruitment Update: Applications for the Summit and/or the spin-off missions will be reviewed on a rolling basis. Recruitment will close October 2, 2006, or earlier, if all available spaces are filled prior to that date. More information is available at https://export.gov/ Indiamission.

The National Marine Fisheries Service (NMFS) announces the availability of a proposed Hood Canal Summer Chum Salmon Recovery Plan (Plan) for the Evolutionarily Significant Unit (ESU) of Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon (Oncorhynchus keta) for public review. This proposed Recovery Plan consists of the Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan prepared by the Hood Canal Coordinating Council (the HCCC Plan) and a NMFS Supplement to the HCCC Plan. NMFS is soliciting review and comment on the proposed Plan from the public and all interested parties.

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.

NMFS implements Framework Adjustment 43 (Framework 43) to the NE Multispecies Fishery Management Plan (FMP), which addresses the incidental catch of NE multispecies by vessels fishing for Atlantic herring by establishing a Herring Exempted Fishery. Vessels issued a Category 1 Atlantic herring fishing permit (Category 1 vessels) are authorized to possess incidentally caught haddock until the catch of haddock reaches the level specified as an incidental haddock catch cap; upon attainment of the haddock catch cap, all herring vessels are limited to 2,000 lb (907 kg) of herring per trip, if any of the herring on board was caught within the Gulf of Maine/Georges Bank (GOM/GB) Herring Exemption Area defined in Framework 43. Herring Category 1 vessels are also authorized to possess up to 100 pounds (45 kg) of other regulated multispecies (cod, witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder, redfish, and white hake), and are required to provide advance notification of their intent to land for purposes of enforcement. Atlantic herring processors and dealers that sort herring catches as part of their operations are required to cull and report all haddock.

NMFS announces that the summer flounder commercial quota available to Connecticut has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Connecticut for the remainder of calendar year 2006, unless additional quota becomes available through a transfer. Regulations governing the summer flounder fishery require publication of this notification to advise Connecticut that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Connecticut.

The South Atlantic Fishery Management Council (Council) will convene a series of 8 public hearings regarding Amendment 14 to the Snapper Grouper Fishery Management Plan. Amendment 14 will establish a series of 8 marine protected areas (MPAs) in Federal waters off the South Atlantic to protect a portion of the population and habitat of long-lived, slow-growing, deepwater snapper grouper species (snowy grouper, misty grouper, speckled hind, yellowedge grouper, warsaw grouper, golden tilefish, and blueline tilefish) from directed fishing pressure. Proposed as ``Type II'' MPAs, fishing for and possession of snapper grouper species would be prohibited in the area, but fishermen would be allowed to troll for pelagic species such as tuna, mackerel, and billfish. Amendment 14 includes alternatives for the use of Vessel Monitoring Systems as an enforcement tool for the MPAs. Additionally, the Council intends to work closely with NOAA Fisheries' Highly Migratory Species Division to prohibit the use of bottom longlines by shark fishermen in the proposed MPAs.

As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty orders on certain circular welded carbon steel pipes and tubes from Taiwan, and circular welded non-alloy steel pipe from Taiwan, would likely lead to continuation or recurrence of dumping, the Department is publishing notice of continuation of these antidumping duty orders.

This proposed rule would implement Amendment 9 to the Fishery Management Plan for Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region (FMP), which would prohibit large vessels, i.e., those 50 ft (15.2 m) or longer, from fishing for bottomfish in Federal waters within 50 nm (92.6 km) around Guam, and would establish Federal permitting and reporting requirements for these large bottomfish fishing vessels. The proposed rule is intended to maintain viable bottomfish catch rates by small vessels in the fishery, to sustain participation by smaller vessels in the fishery, to maintain traditional patterns of the bottomfish supply to local Guam markets, and to provide for the collection of adequate fishery information for effective management.

As a result of the determination by the Department of Commerce (``the Department'') that termination of the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (``Suspension Agreement'') would likely lead to continuation or recurrence of dumping and the determination by the International Trade Commission (``ITC'') that termination of the suspended antidumping duty investigation on uranium from the Russian Federation would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, the Department is publishing this notice of continuation of the Suspension Agreement on uranium from Russia.

The Department of Commerce is conducting an administrative review of the countervailing duty order on dynamic random access memory semiconductors from the Republic of Korea for the period January 1, 2004, through December 31, 2004. We preliminarily find that Hynix Semiconductor, Inc. received countervailable subsidies during the period of review. If the final results remain the same as these preliminary results, we will instruct U.S. Customs and Border Protection (``CBP'') to assess countervailing duties as detailed in the ``Preliminary Results of Review'' section of this notice. Interested parties are invited to comment on these preliminary results (see the ``Public Comment'' section of this notice, below).

NIST invites and requests nomination of individuals for appointment to the Visiting Committee on Advanced Technology (VCAT). The terms of some of the members of the VCAT will soon expire. NIST will consider nominations received in response to this notice for appointment to the Committee, in addition to nominations already received.

NMFS is closing directed fishing for rock sole, flathead sole, and ``other flatfish'' by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ``other flatfish'' fishery category in the BSAI.

This proposed rule would implement the Bering Sea and Aleutian Islands (BSAI) Catcher Processor Capacity Reduction Program (Reduction Program) for the longline catcher processor subsector of the BSAI non- pollock groundfish fishery (Reduction Fishery), in compliance with the FY 2005 Appropriations Act. This program is voluntary and permit holders of the Reduction Fishery (Subsector Members) are eligible to participate. Subsector Members must first sign and abide by not only the Capacity Reduction Agreement (Reduction Agreement) but also a Fishing Capacity Reduction Contract (Reduction Contract) with the U.S. Government. These key components of the Capacity Reduction Plan (Reduction Plan) were prepared by the Freezer Longline Conservation Cooperative (FLCC) and would be implemented by the proposed regulations. The aggregate of all Reduction Agreements and those Reduction Contracts signed by Subsector Members whose offers were accepted by \2/3\ votes of the Subsector Members, will together with the FLCC's supporting documents and rationale that these offers represent the expenditure of the least money for the greatest capacity reduction, constitute the Reduction Plan to be submitted to the Secretary of Commerce for approval. Subsector Members participating in the Reduction Program will receive up to $36 million in exchange for relinquishing valid non-interim Federal License Limitation Program BSAI groundfish licenses endorsed for catcher processor fishing activity, Catcher/Processor (C/P), Pacific cod, and hook and line gear, as well as any present or future claims of eligibility for any fishing privilege based on such permit (the Groundfish Reduction Permit) and additionally, any future fishing privilege of the vessel named on the permit. Individual fishing quota (IFQ) quota shares would be excluded from relinquishment. Following submission of the Reduction Plan and approval by the Secretary, NMFS will conduct an industry referendum to determine the industry's willingness to repay a fishing capacity reduction loan to effect the Reduction Plan. A \2/3\ majority vote in favor would bind all parties and complete the reduction process. NMFS will issue a 30-year loan to be repaid by those harvesters remaining in the Reduction Fishery. The intent of this proposed rule is to permanently reduce harvesting capacity in the Reduction Fishery. This should result in increased harvesting productivity for post-reduction Subsector Members and help with conservation and management of the Reduction Fishery.

Notice is hereby given that Coral World (V.I.), Inc., 6450 Estate Smith Bay, St. Thomas, Virgin Islands, 00802-1800, (Gertrude J. Prior, Responsible Party) has applied in due form for a permit to import four South American (Patagonian) sea lions (Otaria flavescens) for public display.

On March 7, 2006, the United States Court of International Trade (CIT) affirmed the voluntary redetermination of the Department of Commerce (the Department) in the antidumping duty (AD) administrative review of certain cased pencils (pencils) from the People's Republic of China (PRC). See China First Pencil Co. Ltd., et al. v. United States and Sanford Corporation, et al., 427 F. Supp 2d 1236 (CIT 2006), and the Department's Final Results of Voluntary Redetermination Pursuant to Court Order: China First Pencil Co., Ltd., et al. and Shandong Rongxin Import & Export Co., Ltd., v. United States and Sanford Corporation, et al. (dated December 20, 2004). As there is now a final and conclusive court decision in this case, the Department is amending the final results of this administrative review.

The Advisory Committee on Commercial Remote Sensing (ACCRES) will meet September 12, 2006. Date And Time: The meeting is scheduled as follows: September 12, 2006, 9 a.m.-3 p.m. The first part of this meeting will be closed to the public. The public portion of the meeting will begin at 1:30 p.m.

The U.S. Travel and Tourism Advisory Board (Board) will hold an open conference call meeting to discuss topics related to the travel and tourism industry. The Board was established on October 1, 2003, and reconstituted October 1, 2005, to advise the Secretary of Commerce on matters relating to the travel and tourism industry.

The Secretary of Commerce is announcing the establishment of and recruitment for members of a Federal Advisory Committee. In accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App. 2, and the General Services Administration rule on the Federal Advisory Committee Management, 41 CFR part 101-6, the Secretary of Commerce has determined that the establishment of the Measuring Innovation in the 21st Century Economy Advisory Committee (the ``Committee''), is in the public interest in connection with the performance of duties impose by the Department by law. The Committee will advise the Secretary on new or improved measures of innovation in the economy in order to explain how innovation occurs in different sectors of the economy, how it is diffused across the economy, and how it impacts economic growth and productivity. The Committee will consist of not more than fifteen members appointed by the Secretary of Commerce and composed of individuals from business and academia. Those from business will be knowledgeable about their industry sector and those from academia will be experts in their academic field. This notice provides membership criteria and application procedures. The Committee will function solely as an advisory body, in compliance with the provisions of the Federal Advisory Committee Act. The Charter will be filed under the Federal Advisory Committee Act.