Department of Commerce 2009 – Federal Register Recent Federal Regulation Documents

The Department of Commerce (``Department'') is currently conducting an antidumping duty investigation of certain standard steel fasteners from the People's Republic of China (``PRC''). The period of investigation (``POI'') is January 1, 2009, through June 30, 2009. We are limiting the number of quantity and value questionnaires that will be sent directly to exporters and extending the deadline for parties to submit a response to the quantity and value questionnaire.

On September 30, 2009, the United States Court of International Trade (``CIT'') ordered the Department of Commerce (``the Department'') to issue and publish antidumping duty orders and order the collection of cash deposits on subject merchandise in response to a petition for a writ of mandamus from Petitioners \1\ in the antidumping duty investigation of diamond sawblades and parts thereof (``diamond sawblades'') from the People's Republic of China (``PRC'') and the Republic of Korea (``Korea''). Therefore, effective January 23, 2009, the Department will direct the U.S. Customs and Border Protection (``CBP'') to suspend liquidation and collect cash deposits on diamond sawblades from the PRC and Korea at ad valorem rates listed below.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty-day public comment period on the Jacques Cousteau National Estuarine Research Reserve Management Plan Revision.

NMFS proposes to adjust the Atlantic bluefin tuna (BFT) fishery regulations to increase the General category maximum daily retention limit, allow the General category season to remain open until the January subquota is reached, and increase the Harpoon category daily incidental retention limit. The intent of this proposed rule is to enable more thorough utilization of the available U.S. BFT quota, while ending BFT overfishing, rebuilding the BFT stock by 2019, and minimizing bycatch and bycatch mortality to the extent practicable. NMFS solicits written comments and will hold public hearings to receive oral comments on these proposed actions.

The Bureau of the Census (Census Bureau) publishes this notice to announce that the Director has determined the need to conduct the Annual Retail Trade Survey (ARTS). Through this survey, the Census Bureau will collect data covering annual sales, e-commerce sales, year- end inventories held inside and outside the United States, total operating expenses, purchases, accounts receivables, and for selected industries merchandise line sales, percent of sales by class of customer, and percent of e-commerce sales to customers located outside the United States.

NMFS proposes specifications for the 2010 summer flounder, scup, and black sea bass fisheries and provides notice of three projects that may be requesting Exempted Fishing Permits (EFPs) as part of the Mid-Atlantic Fishery Management Council's (Council) Research Set-Aside (RSA) program. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) require NMFS to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. Furthermore, regulations under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) require a notice to be published to provide interested parties the opportunity to comment on applications for EFPs. The intent of this action is as follows: To establish 2010 harvest levels that assure that the target fishing mortality rates (F) specified for these species in the most recent stock assessment updates are not exceeded; to allow for summer flounder stock rebuilding; and to provide notice of EFP requests, all in accordance with the Magnuson-Stevens Act.

The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Thursday, October 15, 2009 (74 FR 52880) that amended the Export Administration Regulations (EAR) to finalize and correct errors in an interim final rule entitled ``Encryption Simplification'' on October 3, 2008 (73 FR 57495). That final rule contained one error in the amendatory instruction used for revising one section. This error in the amendatory instruction led to the unintentional removal of the wrong sentence. This document corrects that amendatory instruction error by adding back the sentence that was removed and removing the intended sentence from that section.

NMFS issues regulations implementing Amendment 85 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. These regulations amend the Central Gulf of Alaska Rockfish Program to remove a restriction that prohibits certain catcher/processors from participating in directed groundfish fisheries in the Bering Sea and Aleutian Islands Management Area in July. This action is necessary to improve flexibility and reduce operating costs for catcher/processors that participate in the Central Gulf of Alaska Rockfish Program. This action is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Gulf of Alaska, and other applicable laws.

The U.S. Department of Commerce (the Department) preliminarily determines that polyethylene retail carrier bags (PRCBs) from Indonesia are being, or are likely to be, sold in the United States at less than fair value (LTFV) as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are listed in the ``Suspension of Liquidation'' section of this notice. Interested parties are invited to comment on this preliminary determination.

The Department of Commerce (the ``Department'') preliminarily determines that polyethylene retail carrier bags (``PRCBs'') from the Socialist Republic of Vietnam (``Vietnam'') 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 dumping margins are shown in the Preliminary Determination Margins section of this notice.

On July 1, 2009, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on floor- standing metal-top ironing tables and parts thereof (ironing tables) from the People's Republic of China (the PRC) 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 antidumping duty order. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels identified below in the ``Final Results of Review'' section of this notice.

NMFS and the Pacific Fishery Management Council (Council) announce their intent to prepare an EIS in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts on the human, biological, and physical environment of setting harvest specifications and management measures for 2011 and 2012, pursuant to the Pacific Coast Groundfish Fishery Management Plan.

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of pre-stressed concrete steel wire strand (PC strand) from the People's Republic of China (PRC). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.

NMFS issues this notice to decrease the fee rate for the non- pollock groundfish fishery to repay the $35,000,000 reduction loan to finance the Non-Pollock groundfish fishing capacity reduction program.

The Bureau of the Census (Census Bureau) publishes this notice to announce that the Director has determined the need to conduct the Annual Wholesale Trade Survey (AWTS). Through this survey, the Census Bureau will collect data on annual sales, e-commerce sales, purchases, total operating expenses, year-end inventories held both inside and outside the United States, commissions, total operating revenue, and gross selling value, for three components of wholesale activity: wholesale distributors; manufacturers' sales branches and offices and agents, brokers, and electronic markets.

On September 15, 2009, the Department of Commerce (the Department) received a request to conduct a new-shipper review of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (PRC). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating an antidumping duty new-shipper review.

NMFS announces its request for applications for the 2010 shark research fishery from commercial shark fishermen with a directed or incidental permit. The shark research fishery allows for the collection of fishery-dependent data for future stock assessments while also allowing NMFS and commercial fishermen to conduct cooperative research to meet the shark research objectives for the Agency. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery permittees may also land non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks. Commercial vessels not participating in the shark research fishery may only land non-sandbar LCS, SCS, and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application in order to be considered. Generally, these permits will be valid through December 31, 2010, unless otherwise specified, subject to the terms and conditions of individual permits.

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 July 1, 2009, the Department of Commerce (the ``Department'') initiated a sunset review of the antidumping duty order on barium chloride from the People's Republic of China (``PRC''). On the basis of a notice of intent to participate and an adequate substantive response from domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited (120-day) sunset review. As a result of the sunset review, the Department finds that revocation of the antidumping duty order 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.

On June 24, 2009, in response to requests from the Wheatland Tube Company (the petitioner), the Department of Commerce (the Department) published a notice of initiation of administrative review of the antidumping duty order on certain welded carbon steel standard pipes and tubes from India. The period of review is May 1, 2008, through April 30, 2009. The Department is rescinding this review in part.