Department of Commerce August 2009 – Federal Register Recent Federal Regulation Documents

On February 9, 2009, the Department of Commerce (``Department'') published its preliminary results and partial rescission in the antidumping duty administrative review and new shipper reviews (``NSRs'') 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 reviews is January 1, 2007, through December 31, 2007. In the administrative review, we have determined that the participating mandatory respondent, Guangdong Yihua Timber Industry Co., Ltd. (``Yihua Timber''), made sales in the United States at prices below normal value. With respect to the remaining respondents in the administrative review, we have determined that these entities have provided sufficient evidence demonstrating that they are separate from the PRC-entity and, with the exception of Orient International Holding Shanghai Foreign Trading Co. Ltd. (``Orient International''), we have assigned a margin based on the rate calculated for Yihua Timber. For the NSRs, the Department also reviewed two exporter/producers, Golden Well International (HK), Ltd./Zhangzhou XYM Furniture Product Co., Ltd. (``Golden Well'') and Dongguan Sunshine Furniture Co., Ltd./Dongguan Sunshine Furniture Co., Ltd. (``Sunshine''). We invited interested parties to comment on our preliminary results in these reviews. Based on our analysis of the comments we received in these reviews, we made certain changes to our calculations for Yihua Timber and for the new shippers. The final dumping margins for these reviews are listed in the ``Final Results Margins'' section below.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Survey Advisory Panel, in September, 2009, 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 U.S. Department of Commerce (DOC) will host a two-hour event in Washington, DC at Department of Commerce headquarters for U.S. government officials and industry participants which will feature examples of new environmental products and services. The purpose of the event is to highlight creativity and innovation in environmental technologies, discuss their importance to the sector, and identify potential policy interactions. The event is called ``The New Environmental IndustryNew Entrants and Innovation Broaden the Business of Environmental Protection.''

NMFS issues regulations implementing Amendment 28 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These regulations amend the Bering Sea/Aleutian Islands Crab Rationalization Program to allow post-delivery transfers of all types of individual fishing quota and individual processing quota to cover overages. This action is necessary to improve flexibility of the fleet, reduce the number of violations for overages, reduce enforcement costs, and allow more complete harvest of crab allocations. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

On April 8, 2009, the Department of Commerce (``Department'') published the preliminary results of the 2007-2008 administrative review of the antidumping duty order on glycine from the People's Republic of China (``PRC''). See Glycine from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 15930 (April 8, 2009) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculation for the final results. We find that certain manufacturers/exporters sold subject merchandise at less than normal value during the period of review (``POR''), i.e., March 1, 2007, through February 29, 2008.

In response to a request from Fujian Yu Xing Fruit and Vegetable Foodstuff Development Co., Ltd. (Yu Xing), the U.S. Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China for the period February 1, 2008, through January 31, 2009. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 74 19042 (April 27, 2009) (Initiation Notice). No other interested party requested an administrative review for this period. On July 24, 2009, Yu Xing withdrew its request for an administrative review. The withdrawal request was filed in a timely manner. Therefore, as discussed below, the Department is rescinding this administrative review.

Photographers whose photographs and videos were provided to NIST for use in its investigation into the failures of World Trade Center (WTC) Buildings 1, 2 and 7 must provide NIST with a written response explaining how disclosure of their images would likely cause substantial competitive harm to their competitive position and/or impair the Government's ability to obtain similar information in the future if you believe that some or all of the images you submitted to NIST should be withheld in response to requests received by NIST under the Freedom of Information Act.

NOAA is making a change to the certification standards for the transmitters that participate in the GOES Data Collection System (DCS). The primary purpose of this change is to enhance the flexibility of the system, to provide better messaging capabilities, additional system capacity, improve timing and frequency stability, and conform to the regulations for out-of-band emissions specified by the National Telecommunication and Information Administration (NTIA). The GOES DCS will operate under new certification procedures that will allow new data collection platforms to use a frequency channel with half the current bandwidth (.75 Hz), though existing platforms will continue to use frequency channels with 1.5 Hz bandwidth until suitable replacements are ascertained. The owners of the existing platforms are invited to upgrade their units as soon as possible. New data collection platforms will be assigned a narrow band channel in the restructured GOES DCS. These new certification standards may be reviewed on the NOAA Web site: https://noaasis.noaa.gov/DCS/docs/DCPR_CS2final.doc.

The Assistant Administrator for Fisheries, NMFS (Assistant Administrator), has renewed the affirmative findings for the Government of Ecuador, the Government of El Salvador, the Government of Mexico and the Government of Spain under the Marine Mammal Protection Act (MMPA). These affirmative findings will allow yellowfin tuna harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Ecuadorian-flag, El Salvadorian-flag, Mexican-flag or Spanish-flag purse seine vessels or purse seine vessels operating under Ecuadorian, El Salvadorian, Mexican, or Spanish jurisdiction to be imported into the United States. These affirmative findings were based on review of documentary evidence submitted separately by the Governments of Ecuador, El Salvador, Mexico, and Spain and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.

On May 1, 2009, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty finding on pressure sensitive plastic tape (PSP Tape) from Italy pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department conducted an expedited (120-day) sunset review of this finding. As a result of this sunset review, the Department finds that revocation of the antidumping duty finding would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee in September, 2009 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.

Notice is hereby given of a meeting of the Marine Protected Areas Federal Advisory Committee (Committee) in Anchorage. Alaska.

On October 20, 2008, the Department of Commerce (the Department) published in the Federal Register the initiation of an antidumping circumvention inquiry to determine if certain products produced by Tianjin Iron and Steel Co., Ltd. (Tianjin) and/or imported by Toyota Tsusho America, Inc. (Toyota Tsusho) constitute circumvention of the antidumping duty order on certain cut-to-length carbon steel plate from the People's Republic of China. See Certain Cut-to-Length Carbon Steel Plate from the People's Republic of China: Initiation of Antidumping Circumvention Inquiry, 73 FR 62250 (October 20, 2008). On July 14, 2009, the Department published its notice of affirmative preliminary determination of circumvention. See Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from the People's Republic of China, 74 FR 33991 (July 14, 2009) (Preliminary Determination). We gave interested parties an opportunity to comment on the Preliminary Determination, and received no comments. Therefore, we continue to determine that imports of inquiry merchandise (as defined below) are circumventing the order on cut-to-length carbon steel plate from the People's Republic of China.

On July 13, 2009, the NMFS published its proposed regulations to govern the take marine mammals incidental to training activities conducted within the U.S. Navy's Northwest Training Range Complex (NWTRC) for the period of February 2010 through February 2015. The Federal Register notice indicated written comments were due by August 12, 2009, allowing 30 days for public input. In response to a request from a public interest organization, NMFS is extending the public comment period by 7 days, to August 19, 2009.

NMFS is notifying the owners and operators of registered vessels of their assignments for the 2009 B season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the harvest of the 2009 B season HLA limits established for area 542 and area 543 pursuant to the final 2009 and 2010 harvest specifications for groundfish in the BSAI.

Notice is hereby given that the University of Florida, Aquatic Animal Program, College of Veterinary Medicine, 2015 SW 16th Avenue, Gainesville, FL 32610 [Dr. Ruth Francis-Floyd, Responsible Party] has been issued an amendment to scientific research Permit No. 1054-1731.

On April 6, 2009, the Department of Commerce published its preliminary results of the administrative review of the antidumping duty order on certain orange juice from Brazil. The period of review (POR) is March 1, 2007, through February 29, 2008.

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 revision of a 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 Pacific Fishery Management Council's (Council) Model Evaluation Workgroup (MEW) will hold a work session to review work products individual members have been developing prior to submission to the 2009 salmon methodology review process. The meeting is open to the public.

The Caribbean Fishery Management Council (Council) and its Administrative Committee will hold meetings.