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

The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention, through the Chemical Weapons Convention Implementation Act and the Chemical Weapons Convention Regulations, has had on commercial activities involving ``Schedule 1'' chemicals during calendar year 2008. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress, which is required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the Chemical Weapons Convention.

We preliminarily determine that imports from the People's Republic of China (``PRC'') of folding metal tables with legs connected by cross-bars, so that the legs fold in sets, and otherwise meeting the description of in-scope merchandise, are within the class or kind of merchandise subject to the order on folding metal tables and chairs (``FMTCs'') from the PRC.

In response to a request from Ternium M[eacute]xico, S.A. de C.V. (``Ternium Mexico''), and pursuant to section 751(b) of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.216 and 351.221(c)(3), the Department is initiating a changed circumstances review of the antidumping duty order on light-walled rectangular pipe and tube (``LWRPT'') from Mexico. This review will determine whether Ternium Mexico is the successor-in-interest to Hylsa, S.A. de C.V. (``Hylsa'').

On October 8, 2008, the Department of Commerce (``Department'') published the preliminary determination of sales at less than fair value (``LTFV'') in the antidumping investigation of certain steel threaded rod from the People's Republic of China (``PRC''). See Certain Steel Threaded Rod from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 73 FR 58931 (October 8, 2008) (``Preliminary Determination''). We are amending our Preliminary Determination to correct certain ministerial errors with respect to the antidumping duty margin calculation for RMB Fasteners Ltd. and IFI and Morgan Ltd. (collectively, ``RMB & IFI Group''). The corrections to the RMB & IFI Group margin also affect the margin assigned to the companies receiving a separate rate.

In accordance with the regulations implementing the individual fishing quota (IFQ) program for the commercial red snapper fishery in the Gulf of Mexico, the Administrator, Southeast Region, NMFS (RA) has determined that catastrophic conditions still exist in certain parts of Louisiana and Texas, specifically from Cameron, Louisiana southwest to Galveston Island, Texas, as a result of recent hurricanes. The RA, therefore, is extending authorization for the use of paper-based forms for basic required IFQ administrative functions, e.g., landing transactions, through December 31, 2008. Although electronic transactions are to be used if power to the affected area has been restored, paper-based forms will be authorized in the areas from Cameron, Louisiana southwest to Galveston Island, Texas. The determination of catastrophic conditions and allowance of alternative methods for completing required IFQ administrative functions is intended to facilitate continuation of IFQ operations during the period of catastrophic conditions.

NMFS is reallocating the projected unused amount of the 2008 yellowfin sole total allowable catch (TAC) assigned to the Bering Sea and Aleutian Islands trawl limited access sector to the Amendment 80 cooperative in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2008 total allowable catch of yellowfin sole to be fully harvested.

NMFS is prohibiting directed fishing for Pacific ocean perch for vessels participating in the Amendment 80 limited access fishery in the Eastern Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Pacific ocean perch allowable catch (TAC) specified for vessels participating in the Amendment 80 limited access fishery in the Eastern Aleutian District of the BSAI.

The United States Patent and Trademark Office (USPTO), 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 the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The Bureau of Industry and Security (BIS) will hold a public meeting on October 27, 2008 for those companies, organizations, and individuals that have an interest in learning about the new license exception entitled ``Intra-Company Transfer (ICT)'' that would be established under the Export Administration Regulations (EAR) as presented in the proposed rule published in the Federal Register on October 3, 2008. U.S. Government officials will explain the amendments to the EAR proposed in the rule and answer questions from the public.

We preliminarily determine that frontseating service valves (``FSVs'') from the People's Republic of China (``PRC'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Pursuant to a request from an interested party, we are postponing the final determination and extending the provisional measures from a four-month period to not more than six months. Accordingly, we will make our final determination not later than 135 days after publication of the preliminary determination. See the ``Postponement of the Final Determination'' section below.

The Departments of Commerce and the Interior (the Departments) 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 rule amends 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.

We, NMFS, issue a final determination to list a Distinct Population Segment (DPS) of the beluga whale, Delphinapterus leucas, found in Cook Inlet, Alaska, as endangered under the Endangered Species Act of 1973, as amended (ESA). Following completion of a Status Review of this DPS (the Cook Inlet beluga whale) under the ESA, we published a proposed rule to list this DPS as an endangered species on April 20, 2007. We subsequently extended the date for final determination on the proposed action by 6 months, until October 20, 2008, as provided for by the ESA. After consideration of public comments received on the proposed rule and other available information, we have determined that the Cook Inlet beluga whale is in danger of extinction throughout its range, and should be listed as an endangered species. We will propose to designate critical habitat for the Cook Inlet beluga whale in a future rulemaking.

NMFS solicits nominations for the Atlantic Highly Migratory Species (HMS) Advisory Panel (AP). NMFS consults with and considers the comments and views of the AP when preparing and implementing Fishery Management Plans (FMPs) or FMP amendments for Atlantic tunas, swordfish, sharks, and billfish. Nominations are being sought to fill one-third (10) of the seats on the HMS AP for a 3-year appointment. Individuals with definable interests in the recreational and commercial fishing and related industries, environmental community, academia, and non-governmental organizations will be considered for membership in the AP.

We (NMFS) will hold two public hearings in Maine in November 2008 for the purposes of answering questions on the proposal to list the Gulf of Maine (GOM) Atlantic salmon distinct population segment (DPS) as endangered under the Endangered Species Act of 1973, as amended (ESA) and the NMFS proposal to designate critical habitat for the GOM DPS of Atlantic salmon. NMFS also extends the public comment period for the proposed critical habitat designation.

The Department of Commerce (the ``Department'') preliminarily determines that 1-hydroxyethylidene-1, 1-diphosphonic acid (``HEDP'') from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (the ``Act''). The estimated dumping margins are shown in the ``Preliminary Determination Margins'' section of this notice.

The Department of Commerce (``the Department'') determines that imports of uncovered innerspring units from the Socialist Republic of Vietnam (``Vietnam'') are being, or are likely to be, sold in the United States at less than fair value, as provided in section 735 of the Tariff Act of 1930, as amended (``the Act''). The final weighted- average dumping margins are listed below in the section entitled ``Final Determination of Investigation.''

This document corrects a final rule published in the Federal Register on September 24, 2008, amending the subsistence fishery rules for Pacific halibut. This correcting amendment corrects the headings in two tables.

The Eight Regional Fishery Management Councils will convene a meeting of representatives of their respective Scientific and Statistical Committees (SSCs) in Honolulu, HI.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Skate Committee, in November, 2008, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The Pacific Fishery Management Council's (Council) ad hoc groundfish Essential Fish Habitat Review Committee (EFHRC) will hold a work session, which is open to the public, to develop terms of reference (TOR) for proposals to change areas closed to bottom contact fishing gear and for modifications to groundfish Essential Fish Habitat (EFH) and Habitat Areas of Particular Concern (HAPC).