Department of Commerce August 2008 – Federal Register Recent Federal Regulation Documents

This notice advises the public that the Oregon Department of Forestry (ODF), has submitted applications to the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) for incidental take permits (Permit(s)) pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, ODF has also prepared a Habitat Conservation Plan (Plan) designed to minimize and mitigate any such take of endangered or threatened species. The Permit applications are related to forest management and timber harvest activities on the Elliott State Forest in Coos and Douglas Counties, Oregon. The FWS and NMFS (together, the Services) are co-lead agencies in this effort. The Permit applications include the proposed Plan and a draft Implementation Agreement (IA). The Services also announce the availability of a draft Environmental Impact Statement (DEIS) for the proposed action. The Services are requesting comments from the public on the Permit applications, the Plan, the IA, and DEIS, all of which are available for review. The Services are furnishing this notice to allow other agencies and the public an opportunity to review and comment on these documents. All comments received will become part of the public record and will be available for review pursuant to the ESA. For locations to review the documents, please see the \SUPPLEMENTARY INFORMATION\ section below. A 90-day comment period, rather then a standard 60-day comment period, is being provided to allow the public sufficient time to comment on the draft documents.

NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the semi-annual quota period, May 1, 2008 - October 31, 2008, has been harvested. Therefore, effective 0001 hours, August 20, 2008, federally permitted spiny dofish vessels may not fish for, possess, transfer, or land spiny dogfish until November 1, 2008, when the Period 2 quota becomes available. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its Period 1 quota and to allow for effective management of this stock.

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) to take marine mammals, by Level B harassment, incidental to conducting open water shallow hazard and site clearance surveys by ConocoPhillips Alaska, Inc. (CPAI) in the Chukchi Sea has been issued.

The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between April 1, 2008, and June 30, 2008. 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, 2008. We intend to publish future lists after the close of the next calendar quarter.

The Departments of Commerce and the Interior (the Departments) propose to amend their regulations governing watch duty-exemption allocations and watch and jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands). The proposed rule would amend the regulations by updating the formula that is used to calculate the combined amount of individual and family health and life insurance per year that is creditable towards the duty refund benefit.

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)).

This rule requires that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the Bureau of Industry and Security (BIS) via its Simplified Network Application Process (SNAP-R) system. This requirement does not apply to applications for Special Comprehensive Licenses or in certain situations in which BIS authorizes paper submissions.

On February 13, 2008, the Department of Commerce (``Department'') published its preliminary results and partial rescission in the antidumping duty administrative review and new shipper review of wooden bedroom furniture from the People's Republic of China (``PRC''). The period of review (``POR'') for the administrative review and the new shipper review is January 1, 2006, through December 31, 2006. In the administrative review, we have determined that all three mandatory respondents (i.e., Fujian Lianfu Forestry Co./Fujian Wonder Pacific Inc./Fuzhou Huan Mei Furniture Co., Ltd./Jiangsu Dare Furniture Co., Ltd. (collectively, ``the Dare Group''); Shanghai Starcorp Furniture Co., Ltd, Starcorp Furniture (Shanghai) Co., Ltd., Orin Furniture (Shanghai) Co., Ltd., Shanghai Star Furniture Co., Ltd., and Shanghai Xing Ding Furniture Industrial Co., Ltd. (collectively, ``Starcorp''); and Teamway Furniture (Dong Guan) Co., Ltd., and Brittomart Inc. (collectively ``Teamway'')) made sales in the United States at prices below normal value. With respect to the remaining respondents in the administrative review (collectively, ``Separate Rate Applicants''), we determined that 27 entities have provided sufficient evidence that they are separate from the state-controlled entity, and we have established a weighted-average margin based on the rates for the three mandatory respondents, excluding any that are zero, de minimis, or based entirely on adverse facts available (``AFA''), to be applied to these separate-rate entities. For the new shipper review, the Department also reviewed one exporter/producer, Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. (``Mei Jia Ju''). We invited interested parties to comment on our preliminary results in these reviews. We received no comments in the new shipper review. Based on our analysis of the comments we received in the administrative review, we made certain changes to our calculations for all mandatory respondents. The final dumping margins for this review are listed in the ``Final Results Margins'' section below.

The New England Fishery Management Council (Council) will hold a two-day Council meeting on September 3-4, 2008 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS is prohibiting directed fishing for Greenland turbot in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Greenland turbot total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI.

NOAA Research (OAR) publishes this notice on behalf of the NOAA Science Advisory Board (SAB) to announce the availability of the preliminary draft report of the SAB Fire Weather Research Working Group's (here called the FWRWG) for public comment. The preliminary draft report of the FWRWG has been prepared pursuant to the request initiated from NOAA for an external panel of experts to carry out an independent review of current fire weather research being conducted by NOAA and other federal agencies, and in universities and elsewhere, and examine how the results of that research are being further developed and transitioned to operations by NOAA.

Below is a listing of individuals who are eligible to serve on the Performance Review Board in accordance with the Economics and Statistics Administration's Senior Executive Service and Senior Professional Performance Management Systems:

NOAA is seeking applicants for the following vacant seats on the Monitor National Marine Sanctuary advisory council (council): Fishing Seat. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are 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. Applicants who are chosen as members should expect to serve 2-year terms, pursuant to the council's Charter.

On March 26, 2008, the Department of Commerce (the ``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping (``AD'') investigation of electrolytic manganese dioxide (``EMD'') from the People's Republic of China (``PRC''). The period of investigation (``POI'') is January 1, 2007, through June 30, 2007. We invited interested parties to comment on our preliminary determination of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our calculations for the mandatory respondent. We determine that EMD from the PRC is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Final Determination Margins'' section of this notice.

On March 24, 2008, the Department of Commerce (the ``Department'') published in the Federal Register the final results of the third administrative review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam''). See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Partial Rescission, 73 FR 15479 (March 24, 2008) (``Final Results''). The period of review (``POR'') covered August 1, 2005, through July 31, 2006. We are amending our Final Results to correct ministerial errors made in the calculation of the antidumping duty margins for of East Sea Seafoods Joint Venture Co., Ltd. (``ESS''), Can Tho Agricultural and Animal Products Import Export Company (``CATACO''), and QVD Food Company (``QVD'') pursuant to section 751(h) of the Tariff Act of 1930, as amended (the ``Act'') and an order from the Court of International Trade (``CIT''). See Catfish Farmers of America v. United States, Consol Court No. 08-00111, (CIT July 22, 2008) (``CIT Order'').

Notice is hereby given that NMFS has received six scientific research permit application 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.

On April 30, 2008, the Department of Commerce (the ``Department'') published the preliminary results of the semiannual new shipper review of the antidumping duty order on hand trucks and certain parts thereof from the People's Republic of China (``PRC''). See Hand Trucks and Certain Parts Thereof from the People's Republic of China: Preliminary Results of the 2006-2007 Semiannual New Shipper Review, 73 FR 23420 (April 30, 2008) (``Preliminary Results''). The merchandise covered by this review is hand trucks, exported and manufactured by New-Tec Integration (Xiamen) Co., Ltd. (``New-Tec''), as described in the ``Scope of the Order'' section of this notice. The period of review is December 1, 2006, through May 31, 2007. We invited parties to comment on our Preliminary Results. We received no comments, and no new evidence was placed on the record. Therefore, the final results are unchanged from those presented in the Preliminary Results. The final weighted-average dumping margin for New-Tec is listed below in the section entitled ``Final Results of the Review.''

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 non- malleable cast iron pipe fittings (``non-malleable pipe fittings'') from the People's Republic of China (``PRC'') would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation for the antidumping duty order.