Department of Commerce March 2007 – Federal Register Recent Federal Regulation Documents
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Notice of Public Hearings for the Draft Programmatic Environmental Impact Statement for the Marine Mammal Health and Stranding Response Program
NMFS will hold five public hearings in April 2007 to receive public comments on the Draft Programmatic Environmental Impact Statement (DPEIS) for the Marine Mammal Health and Stranding Response Program (MMHSRP).
Certain Forged Stainless Steel Flanges from India: Notice of Partial Rescission of New Shipper Review
The Department of Commerce (the Department) is rescinding the new shipper review of Pradeep Metals Limited. We initiated this review on October 6, 2006. See Stainless Steel Flanges from India: Notice of Initiation of Antidumping Duty New Shipper Reviews, 71 FR 59081 (October 6, 2006). Our basis for rescinding this new shipper review is described below.
Western Pacific Fishery Management Council; Public Meeting
The Western Pacific Fishery Management Council (Council) will hold meetings of its Pelagics Plan Team (PPT), in Honolulu, HI, to discuss fishery issues and develop recommendations for future management.
Stainless Steel Bar from India: Notice of Initiation of Antidumping Duty New Shipper Review
The Department of Commerce has received a request for a new shipper review of the antidumping duty order on stainless steel bar from India. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR 351.214(d), we are initiating an antidumping duty new shipper review of Sunflag Iron & Steel Co. Ltd.
Notice of Final Results of Antidumping Duty Changed Circumstances Review: Carbon and Certain Alloy Steel Wire Rod from Canada
The Department of Commerce (the ``Department'') has determined that (1) Ivaco Rolling Mills 2004 L.P. is the successor-in-interest to Ivaco Rolling Mills L.P.; and (2) Sivaco Ontario, a division of Sivaco Wire Group 2004 L.P., is the successor-in-interest to Ivaco Inc. As a result, Ivaco Rolling Mills 2004 L.P., and Sivaco Ontario, a division of Sivaco Wire Group 2004 L.P., (collectively ``Ivaco'') should receive the same antidumping duty treatment with respect to carbon and certain alloy steel wire rod from Canada as Ivaco Rolling Mills L.P. and Ivaco Inc. as of the date of publication of this notice in the Federal Register.
Certain Hot-Rolled Carbon Steel Flat Products from the Netherlands: Notice of Rescission of Antidumping Duty Administrative Review
In response to requests from Nucor Corporation (Nucor), Mittal Steel USA Inc. (Mittal) and United States Steel Corporation (USSC) (collectively, petitioners), the U.S. Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products from the Netherlands for Corus Staal BV (Corus) for the period November 1, 2005, through October 31, 2006. No other interested party requested a review of Corus for this period of review. For the reasons discussed below, the Department is rescinding this administrative review.
Stainless Steel Bar from the United Kingdom: Preliminary Results of Antidumping Duty Administrative Review
In response to a timely request by Firth Rixson Ltd., the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel bar from the United Kingdom with respect to Enpar Special Alloys Ltd. (Enpar). The period of review (POR) is March 1, 2005, through February 28, 2006. We preliminarily determine that sales have been made below normal value (NV). If these preliminary results are adopted in our final results of administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. In addition, the Department has received information sufficient to warrant a successor-in-interest analysis in this administrative review. Based on this information, we preliminarily determine that Enpar is the successor-in-interest to Firth Rixson Special Steels Ltd. for purposes of determining antidumping duty liability. Interested parties are invited to comment on these preliminary results.
Carbazole Violet Pigment 23 from the People's Republic of China: Notice of Amended Final Determination in Accordance With Court Decision
On December 8, 2006, the United States Court of International Trade (``CIT'') sustained the final remand determination made by the Department of Commerce (``the Department'') pursuant to the CIT's remand of the final determination of the less-than-fair-value investigation of Carbazole Violet Pigment 23 (``CVP 23'') from the People's Republic of China. See Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v. United States, and Nation Ford Chemical Company and Sun Chemical Corporation, and Clariant Corporation, Consol. Ct. 05-00060 (CIT Dec. 8, 2006). As there is now a final and conclusive court decision in this case, the Department is amending the final determination of this investigation.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council), its Research Set Aside (RSA) Committee, its Ecosystem Committee, its Protected Resources Committee, its Squid, Mackerel, and Butterfish Committee, its Executive Committee, and its Surfclam/Ocean Quahog Committee will hold public meetings.
New England Fishery Management Council; Public Meetings
The New England Fishery Management Council's (Council) Multispecies (Groundfish) Advisory Panel and Committee will hold meetings to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 of the Gulf of Alaska
NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2007 total allowable catch (TAC) of pollock for Statistical Area 620 of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Observer Program
NMFS issues a proposed rule to amend regulations supporting the North Pacific Groundfish Observer Program (Observer Program). This action is necessary to revise requirements for the facilitation of observer data transmission and improve inseason support for observers. The proposed rule would promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs).
Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Management Measures for Bigeye Tuna Pacific-wide and Yellowfin Tuna in the Western and Central Pacific Ocean
This proposed rule would implement Amendment 14 to the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region (Pelagics FMP). The amendment responds to the Secretary of Commerce's determination that overfishing is occurring on bigeye tuna (Thunnus obesus) Pacific-wide, and on yellowfin tuna (Thunnus albacares) in the western and central Pacific Ocean (WCPO). The measures in the amendment are designed to end overfishing of bigeye tuna Pacific-wide and yellowfin tuna in the WCPO, as required under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Amendment 14 would establish Federal permitting and reporting requirements for all U.S. Hawaii-based small boat commercial pelagic fishermen. Internationally, Amendment 14 would establish for the Western Pacific Fishery Management Council (Council) an internal protocol related to its role in making recommendations to the Secretary on the management of pelagic fish stocks that are managed internationally, including its participation in U.S. delegations to meetings of regional fishery management organizations (RFMOs). This amendment also recommends that NMFS and the Department of State work through the RFMOs to immediately end overfishing of bigeye tuna Pacific-wide and WCPO yellowfin tuna, focusing on fisheries with the greatest impact on Pacific bigeye tuna and WCPO yellowfin tuna, i.e., longline and purse seine fisheries.
North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews
On March 22, 2007, the binational panel issued its decision in the review of the final determination made by the International Trade Commission, respecting Oil Country Tubular Goods from Mexico Final Results of the Sunset Review, Secretariat File No. USA-MEX-2001-1904- 06. The binational panel affirmed the Commission's Sunset Review Determination. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.
2007 Business Expenses Supplement
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)).
Advocacy Quality Assurance Survey
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burdens, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(2)(A)).
Petroleum Wax Candles from the People's Republic of China: Initiation of New Shipper Review
The Department of Commerce (the ``Department'') has determined that a request for a new shipper review of the antidumping duty order on petroleum wax candles from the People's Republic of China (``PRC''), received before February 28, 2007, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') of this new shipper review is August 1, 2006, through January 31, 2007.
National Artificial Reef Plan (as Amended): Guidelines for Siting, Construction, Development, and Assessment of Artificial Reefs
The National Artificial Reef Plan (NOAA Technical Memorandum, NMFS OF-6) was originally published in November 1985, in fulfillment of a requirement under the National Fishing Enhancement Act of 1984. NMFS worked in partnership with the Atlantic States Marine Fisheries Commission and the Gulf States Marine Fisheries Commission to update and revise this plan. A revised version has been completed, entitled the ``National Artificial Reef Plan (as Amended): Guidelines for siting, construction, development, and assessment of artificial reefs.'' This action is intended to promote the goals and objectives outlined in the National Fishing Enhancement Act.
List of Fisheries for 2007
The National Marine Fisheries Service (NMFS) is publishing its final List of Fisheries (LOF) for 2007, as required by the Marine Mammal Protection Act (MMPA). The final LOF for 2007 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must categorize each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The categorization of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements.
Petroleum Wax Candles From the People's Republic of China: Partial Termination of Circumvention Inquiry and Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order
On December 14, 2005, the Department of Commerce (the Department) received from the National Candle Association (NCA) an allegation of circumvention of the antidumping duty order on petroleum wax candles from the People's Republic of China (PRC). Pursuant to that allegation, the Department initiated an anticircumvention inquiry on May 11, 2006, with respect to four importers. We preliminarily determine that the importation by, or sale to, three U.S. importers (DECOR-WARE, Inc.; A&M Wholesalers, Inc.; and Albert E. Price) of wickless petroleum wax forms from the PRC, which subsequently undergo insertion of a wick and clip assembly in the United States, constitutes circumvention of the aforementioned order, within the meaning of section 781(a) of the Tariff Act of 1930, as amended (the Act). Because NCA withdrew its allegation with respect to the fourth importer, Northern Lights Enterprises, the Department is terminating the inquiry with respect to Northern Lights Enterprises.
Stainless Steel Bar from Spain: Preliminary Results of Antidumping Duty Administrative Review
In response to a request from an interested party, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel bar (SSB) from Spain. The review covers one manufacturer/exporter, Sidenor Industrial SL (Sidenor). The period of review is March 1, 2005, through February 28, 2006. We have preliminarily determined that Sidenor has made sales below normal value. If these preliminary results are adopted in our final results of administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. We invite interested parties to comment on these preliminary results. Parties who submit comments in this review are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument.
Initiation of Antidumping and Countervailing Duty Administrative Reviews
The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with February anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.
Marine Mammals; File No. 1100-1849
Notice is hereby given that Shane Moore, Moore & Moore Films, Box 2980, 1203 Melody Creek Lane, Jackson, Wyoming 83001 has been issued a permit to conduct commercial/educational photography.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received an application for a permit from Zachary Larson, Crescent City, CA (Permit 1606). This permit would affect Southern Oregon/Northern California Coast (SONCC) coho salmon (Oncorhynchus kisutch). This document serves to notify the public of the availability of the permit application for review and comment before a final approval or disapproval is made by NMFS.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Halibut Charter Stakeholder Committee will meet in Anchorage, AK at the North Pacific Research Board meeting room.
Chemical Weapons Convention Regulations: UDOC “Change in Inspection Status Form;” Amendments to Records Review and Recordkeeping Requirements; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Chemical Weapons Convention Regulations (CWCR) to expedite the collection of information concerning the inspection status of plant sites that produce unscheduled discrete organic chemicals (UDOCs) subject to the declaration requirements of the CWCR, to clarify the scope of the CWCR records review and recordkeeping requirements, and to update the maximum civil penalty that may be imposed for violations of the CWCR restrictions on imports of Chemical Weapons Convention (CWC) Schedule 1 and Schedule 2 chemicals. The CWCR include requirements to declare certain activities, involving scheduled chemicals and UDOCs, and to provide access for on-site verification by international inspectors of certain declared facilities in the United States. Specifically, this final rule amends the CWCR by revising the annual declaration requirements for UDOCs to allow a ``declared'' plant site currently subject to inspection, which anticipates that its production of UDOCs during the current calendar year will be below the inspection threshold level indicated in the CWCR, to submit a Change in Inspection Status Form to BIS by December 15th of the current calendar year. In addition, any such UDOC plant site containing at least one plant that anticipates producing an individual PSF chemical (i.e., a UDOC containing the elements phosphorus, sulfur or fluorine) in quantities that exceed the declaration threshold for such chemicals will have the option of submitting its Annual Declaration on Past Activities, in lieu of a Change in Inspection Status Form, by December 15th of the current calendar year. Otherwise, the CWCR require that the Annual Declaration on Past Activities be submitted by February 28th of the following year. The information provided to BIS, as a result of this change, will ensure that the plant site is not subject to inspection during the first 90 days of the next calendar year (i.e., the year after the UDOC activities took place), which is the period when the United States compiles its annual declaration on past activities for submission to the Organization for the Prohibition of Chemical Weapons (OPCW). In addition, this information will strengthen the verification regime of the CWC by allowing the OPCW to schedule inspections, on a year-round basis, of those UDOC facilities in the United States that meet or exceed the inspection threshold level indicated in the CWCR. This rule also amends the CWCR by revising the records review provisions to clarify that a facility must provide the OPCW Inspection Team with access to all supporting materials and documentation used by the facility to prepare declarations and to otherwise comply with the CWCR, including records related to activities that have taken place at the facility since the beginning of the previous calendar year (i.e., up to and including the date of the inspection), even if the facility has not submitted its current year Annual Declaration on Past Activities to BIS at the time the inspection takes place. In addition, this rule revises the CWCR records review and recordkeeping requirements to clarify that the types of records that are subject to these requirements include all supporting materials and documentation associated with the movement into, around, and from the facility of declared chemicals and their feedstock or any product chemicals formed from such chemicals and feedstock. The purpose of this clarification is to ensure that the CWCR records review and recordkeeping requirements fully conform with the inspection aims described in the inspection provisions of the CWCR, which include verifying the absence of Schedule 1 chemicals and the non-diversion of Schedule 1 and Schedule 2 chemicals. This rule amends the enforcement provisions of the CWCR to increase the maximum civil penalty that may be imposed for violations of the CWCR restrictions on imports of CWC Schedule 1 or Schedule 2 chemicals from $11,000 to $50,000 to reflect amendments to the International Emergency Economic Powers Act (IEEPA) made by the USA PATRIOT Improvement and Reauthorization Act of 2005, which was enacted on March 9, 2006. Finally, this rule updates the list of countries that currently are States Parties to the CWC by adding the Central African Republic and Comoros, which recently became States Parties, and by replacing the listing for Serbia and Montenegro with a separate listing for each country.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS has determined that the daily Highly Migratory Species (HMS) Angling category retention limits for Atlantic bluefin tuna (BFT) should be adjusted to maximize the usefulness of the information obtained from catches for biological sampling. Vessels permitted in the HMS Angling and HMS Charter/Headboat categories are eligible to land BFT under the HMS Angling category quota. Therefore, NMFS adjusts the daily BFT retention limits for the HMS Angling category quota to allow landing of school BFT in North Carolina during the three-week period from March 24, 2007, through April 15, 2007, as specified in the SUPPLEMENTARY INFORMATION section of this document. This action is intended to provide scientific data that would enhance future recreational fishing opportunities for the HMS Angling and HMS Charter/ Headboat categories, while minimizing the risk of an overharvest of the HMS Angling category BFT quota.
Corrosion-Resistant Carbon Steel Flat Products from Korea: Notice of Initiation of Antidumping Duty New Shipper Review for the period August 1, 2006, through January 31, 2007
The Department of Commerce (``the Department'') has received a request to conduct a new shipper review of the antidumping duty (``AD'') order on corrosion-resistant carbon steel flat products from Korea (``CORE Korea''). 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 Haewon MSC Co., Ltd. (``Haewon'').
Textile and Apparel Products from Vietnam: Import Monitoring Program; Public Hearing
As stated in its January 23, 2007 Federal Register notice requesting public comment (72 FR 2860), the Department of Commerce (the Department) will hold a public hearing on its import monitoring program covering textile and apparel products from Vietnam. The hearing will be held on April 24, 2007 in Washington, D.C. Further details regarding the location, time and requirements for speaking at the hearing are provided below.
Pure Magnesium in Granular Form from the People's Republic of China: Continuation of Antidumping Duty Order
As a result of the determinations by the Department of Commerce (Department) and the International Trade Commission (ITC) that revocation of the antidumping duty order on pure magnesium in granular form from the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing notice of the continuation of this antidumping duty order.
Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Notice of Rescission in Part and Intent to Rescind in Part
The Department of Commerce (``the Department'') is conducting the nineteenth 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, 2005, through May 31, 2006. If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the period of review (``POR'') for which the importer-specific assessment rates are above de minimis. Interested parties are invited to comment on these preliminary results. We intend to issue the final results no later than 120 days from the date of publication of this notice.
Certain Preserved Mushrooms from the People's Republic of China: Extension of Preliminary Results for Tenth Antidumping Duty New Shipper Review
The Department of Commerce (the ``Department'') is extending the preliminary results of the tenth new shipper review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (``PRC'') by an additional 120 days to July 19, 2007.
Export Trade Certificate of Review
On March 16, 2007, the U.S. Department of Commerce issued an Export Trade Certificate of Review to the American Sugar Alliance (``ASA''). This notice summarizes the conduct for which certification has been granted.
Fisheries of the Exclusive Economic Zone Off Alaska; Salmon Bycatch
The North Pacific Fishery Management Council (Council) has submitted Amendment 84 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, Amendment 84 would exempt vessels participating in an inter-cooperative agreement (ICA) to reduce salmon bycatch from Chinook and chum salmon savings area closures, and exempt vessels participating in non-pollock trawl fisheries from the chum salmon savings area. This action is intended to promote the goals and objectives of the FMP and Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is necessary to reduce salmon bycatch in the Bering Sea and Aleutian Islands management area (BSAI).
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