Department of Commerce November 2007 – Federal Register Recent Federal Regulation Documents

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.

On May 10, 2007, the United States Court of International Trade (``Court'') sustained the Final Results of Redetermination Pursuant to Court Remand, Fuyao Glass Industry Group Co., Ltd. et al., v. United States (February 15, 2006) (``Third Remand Redetermination'') made by the Department of Commerce (``the Department'') pursuant to the Court's third remand of the final determination of the less-than-fair- value investigation of Certain Automotive Replacement Glass Windshields from the People's Republic of China (``PRC''). See Fuyao Glass Industry Group Co. v. United States, Consol. Court No. 02-00282, Slip Op. 06-21 (CIT February 15, 2006) (``Fuyao Glass III''). As there is now a final and conclusive court decision in this case, the Department is amending the final determination and antidumping duty order of this investigation.

On August 3, 2007, the United States Court of International Trade (``Court'') entered a final judgment sustaining the fourth remand results made by the Department of Commerce (``the Department'') pursuant to the Court's remand of the antidumping duty order on Certain Automotive Replacement Glass Windshields from the People's Republic of China (``PRC'') in Changchun Pilkington Safety Glass Co., Ltd., et al. v. United States, consol. Ct. No. 02-00312, Slip Op 07-118 (August 3, 2007) (``Pilkington''). This case arises out of the Department's Antidumping Duty Order: Automotive Replacement Glass Windshields from the People's Republic of China, 67 FR 16087 (April 4, 2002) (``Order''). The final judgment in this case was not in harmony with the Department's Final Determination of Sales at Less Than Fair Value: Certain Automotive Replacement Glass Windshields From the People's Republic of China, 67 FR 6482 (February 12, 2002) (``Final Determination''), and accompanying Issues and Decisions Memorandum (``Decision Memo''), as amended at 67 FR 11670 (March 15, 2002), covering the period of investigation (``POI''), July 1, 2000 through December 31, 2000.

We preliminarily determine that imports of glycine from India are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). Interested parties are invited to comment on this preliminary determination. We will make our final determination within 75 days after the date of this preliminary determination.

On July 6, 2007, the Department of Commerce (the Department) published the preliminary results of the antidumping duty (AD) administrative review on carbon and alloy steel wire rod (wire rod) from Trinidad and Tobago. This review covers one producer of subject merchandise. The period of review (POR) is October 1, 2005, through September 30, 2006. See Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago; Preliminary Results of Antidumping Duty Administrative Review, 72 FR 36955 (July 6, 2007) (Preliminary Results). Based on our analysis of comments received, these final results do not differ from the preliminary results. The final results are listed below in the Final Results of Review section.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Canada for the period October 1, 2005, to September 30, 2006 (the POR). We preliminarily determine that sales of subject merchandise by Ivaco Rolling Mills 2004 L.P. and Sivaco Ontario (a division of Sivaco Wire Group 2004 L.P.) (collectively referred to as ``Ivaco'') have been made below normal value (NV). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on appropriate entries. Interested parties are invited to comment on these preliminary results. We will issue the final results no later than 120 days from the publication of this notice. The Department recently concluded a changed circumstance review in which it determined that, as of the publication of that final changed circumstance review, ``(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. for antidumping duty cash deposit purposes.'' See Notice of Final Results of Antidumping Duty Changed Circumstances Review: Carbon and Certain Alloy Steel Wire Rod from Canada, 72 FR 15102 (March 30, 2007) (Ivaco Changed Circumstances Review). Sivaco Ontario (a Division of Sivaco Wire Group 2004 L.P.) was also identified as the successor-in-interest to Sivaco Ontario. See CBP Message Number 7116210, April 26, 2007. The results of this administrative review, for cash deposit purposes, will apply to Ivaco Rolling Mills 2004 L.P. and to Sivaco Ontario (a division of Sivaco Wire Group 2004 L.P). Assessment instructions issued subsequent to the final results would apply to unliquidated entries of not only Ivaco Rolling Mills 2004 L.P. and Sivaco Ontario (a division of Sivaco Wire Group 2004 L.P.), but also those of Ivaco Rolling Mills L.P., Ivaco Inc., and Sivaco Ontario. Note that Ivaco Rolling Mills 2004 L.P. is referred to below as IRM, and Sivaco Ontario (a division of Sivaco Wire Group 2004 L.P.) is referred to below as Sivaco Ontario (even though ``Sivaco Ontario'' was the name of the predecessor company to Sivaco Ontario (a division of Sivaco Wire Group 2004 L.P.)).

On September 10, 2007, the Department of Commerce (the Department) published the preliminary results of the new shipper review of the antidumping duty order on certain steel concrete reinforcing bars (rebar) from Turkey. This review covers one producer/exporter of the subject merchandise to the United States, Ege Celik Endustrisi ve Ticaret A.S./Ege Dis Ticaret A.S. (Ege Celik). The period of review (POR) is April 1, 2006, through September 30, 2006. Based on our analysis of the comments received, we have made no changes to the margin calculations. Therefore, the final results do not differ from the preliminary results. The final weighted-average dumping margin for Ege Celik is listed below in the section entitled ``Final Results of Review.''

NMFS is prohibiting directed fishing for Pacific ocean perch for vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of Pacific ocean perch allocated to vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA.

This notice advises the public that the Co-Trustees of the Papahanaumokuakea Marine National Monument (Monument) in the Northwestern Hawaiian Islands (NWHI) and surrounding marine areas intend to prepare a Natural Resources Science Plan (Science Plan) and associated environmental assessment (EA) for the Monument. The Science Plan is being developed concurrently with the comprehensive Monument Management Plan (MMP) [Notice of Intent to Prepare Monument Management Plan and EA, Federal Register April 4, 2007 (Volume 72, Number 64)]. The Science Plan will identify management needs, highlight priority thematic areas designed to meet these needs, and describe the current and proposed research projects housed under these themes. The Co- Trustees are seeking public input on the development of the plan. There will be a public scoping meeting to solicit comments on November 15, 2007.

In response to a request made on July 31, 2007, by Valdigrano Di Flavio Pagani SrL (``Valdigrano''), the Department of Commerce initiated an administrative review of the countervailing duty order on certain pasta from Italy covering the period January 1, 2006, through December 31, 2006. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 72 FR 48613 (August 24, 2007). As a result of a timely withdrawal of the request for review by Valdigrano, we are rescinding this review, in part.

The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List), and Statements of Understanding maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To harmonize with the changes to the Wassenaar List, this rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 5 Part I (telecommunications), 6, 7, 8, and 9; and adding new entries to the Commerce Control List (CCL), amending EAR Definitions, as well as adding new definitions to the EAR, and adding a new Statement of Understanding on source code. The purpose of this final rule is to make the necessary changes to the CCL, definitions of terms used in the EAR, and Wassenaar reporting requirements to implement Wassenaar List revisions that were agreed upon in the December 2006 Wassenaar Arrangement Plenary Meeting. This rule also adds and expands unilateral U.S. export controls and national security export controls on certain items to make them consistent with the amendments made to implement the Wassenaar Arrangement's decisions. In addition, this rule removes the remaining references to ``Composite Theoretical Performance (CTP)'' and ``Millions of Theoretical Operations Per Second (MTOPS)'' in the EAR, which is consistent with agreements made by the Wassenaar Arrangement with regard to microprocessors.

Notice is hereby given of the availability of the Proposed Findings Document, Environmental Assessment, and Finding of No Significant Impact for Indiana's Coastal Nonpoint Pollution Control Program. Coastal states and territories are required to submit their coastal nonpoint programs to the National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) for approval. The Findings Document was prepared by NOAA and EPA to provide the rationale for the agencies' decision to approve the state coastal nonpoint pollution control program. Section 6217 of the Coastal Zone Act Reauthorization Amendments (CZARA), 16 U.S.C. 1455b, requires states and territories with coastal zone management programs that have received approval under section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs. The Environmental Assessment was prepared by NOAA, pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. sections 4321 et seq., to assess the environmental impacts associated with the approval of the coastal nonpoint pollution control program submitted to NOAA and EPA by Indiana. NOAA and EPA have proposed to approve, with conditions, the coastal nonpoint program submitted by Indiana. The requirements of 40 CFR Parts 1500-1508 (Council on Environmental Quality (CEQ) regulations to implement the National Environmental Policy Act) apply to the preparation of these Environmental Assessments. Specifically, 40 CFR section 1506.6 requires agencies to provide public notice of the availability of environmental documents. This notice is part of NOAA's action to comply with this requirement. Copies of the proposed Findings Document, Environmental Assessment, and Finding of No Significant Impact may be found on the NOAA Web site at https://coastalmanagement.noaa.gov/assessments/welcome.html or may be obtained upon request from: Allison Castellan, Coastal Programs Division (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland 20910, phone (301) 713-3155, extension 125, e-mail allison.castellan@noaa.gov.

The United States Department of Commerce's National Telecommunications and Information Administration (NTIA) seeks comments on the continued transition to the private sector of the technical coordination and management of the Internet's domain name and addressing system (DNS). NTIA and the Internet Corporation for Assigned Names and Numbers (ICANN) signed a Joint Project Agreement (JPA) on September 29, 2006. It called for a midpoint review of ICANN's progress towards becoming a more stable organization with greater transparency and accountability in its procedures and decision making. The Department of Commerce seeks comment regarding the progress achieved on the Responsibilities identified in the JPA.

On July 6, 2007, the United States Court of International Trade (``CIT'') affirmed the remand results made by the U.S. International Trade Commission (``ITC'') pursuant to the CIT's remand of the final determination of the antidumping duty investigation of carbon and certain alloy steel wire rod from Trinidad & Tobago. See Mittal Steel Point Lisas Ltd. v. United States, Slip Op. 07-106, (Ct. Int'l Trade) (July 6, 2007). This case arises out of the ITC's final determination in the antidumping duty investigation. See [Investigations Nos. 701-TA-417-419 and 731-TA-953, 954, 956-959, 961, and 962 (Final)] Carbon and Certain Alloy Steel Wire Rod From Brazil, Canada, Germany, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 67 FR 66662 (November 1, 2002) (``Final Determination''). The judgment in this case was not in harmony with the ITC's Final Determination.

This notice solicits nominations from any interested party for candidate algorithms to be considered for SHA-3, and specifies how to submit a nomination package. It presents the nomination requirements and the minimum acceptability requirements of a ``complete and proper'' candidate algorithm submission. The evaluation criteria that will be used to appraise the candidate algorithms are also described.

The U.S. Department of Commerce will host a one-day Conference during which experts from the federal government, U.S. industry, academia, and public interest groups will explore and discuss strategies to promote the rapid uptake of clean energy technologies in the United States, as set forth in the President's Advanced Energy Initiative and to follow up on the September 27-28 Major Economies Meeting.

In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year review (``Sunset Review'') of the antidumping duty order and suspended investigation listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders.