Department of Commerce August 13, 2010 – Federal Register Recent Federal Regulation Documents

On May 14, 2010, the United States Court of International Trade (``CIT'') sustained the final remand redetermination made by the Department of Commerce (``the Department'') pursuant to the CIT's remand of the final determination in the antidumping investigation on certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC''). See Bridgestone Americas Inc. v. United States, Consol. Ct. No. 08-00256, Slip Op. 10-55 (Ct. Int'l Trade May 14, 2010) (``Bridgestone''). This case arose out of the Department's final determination in the antidumping duty investigation on OTR tires from the PRC. See Certain New Pneumatic Off-The-Road-Tires from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances, 73 FR 40485 (July 15, 2008) (``Final Determination''); Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008) (``OTR Tires Order''). As there is now a final and conclusive court decision in this action, we are amending our final determination and our antidumping duty order.

On August 21, 2009, the Department solicited comments from the general public on the best method to consider whether novelty \1\ candles should or should not be included within the scope of the Order \2\ given the extremely large number of scope determinations requested by outside parties. See Petroleum Wax Candles from the People's Republic of China: Request for Comments on the Scope of the Antidumping Duty Order and the Impact on Scope Determinations, 74 FR 42230 (August 21, 2009). The general public was given two options (as well as the choice to submit additional options and ideas):

On May 3, 2010, the Department of Commerce (``the Department'') initiated sunset reviews of the antidumping duty orders on chlorinated isocyanurates (``chlorinated isos'') from Spain and the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). Based on the notices of intent to participate and adequate responses filed by the domestic interested parties, and the lack of response from any respondent interested party, the Department conducted expedited (120-day) sunset reviews of the antidumping duty orders on chlorinated isos from Spain and the PRC, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Review'' section of this notice, infra.

NMFS issues this proposed rule to implement Amendment 17A to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This proposed rule would establish an annual catch limit (ACL) for red snapper of zero, which means all harvest and possession of red snapper in or from the South Atlantic EEZ would be prohibited, and for a vessel with a Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper, harvest and possession of red snapper would be prohibited in or from state or Federal waters. To constrain red snapper harvest to the ACL, this rule would implement an area closure for South Atlantic snapper-grouper that extends from southern Georgia to northern Florida where all harvest and possession of snapper-grouper would be prohibited (except when fishing with black sea bass pots or spearfishing gear for species other than red snapper), and require the use of non-stainless steel circle hooks north of 28[deg] N. lat. Additionally, Amendment 17A would establish a rebuilding plan for red snapper, require a monitoring program as the accountability measure (AM) for red snapper, and specify a proxy for the fishing mortality rate that will produce the maximum sustainable yield (MSY) and specify optimum yield (OY). The intended effects of this rule are to end overfishing of South Atlantic red snapper and rebuild the stock.

The New England Fishery Management Council's (Council) VMS/ Enforcement Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The New England Fishery Management Council's (Council) Herring Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Shell Offshore Inc. (Shell) to take, by harassment, small numbers of 8 species of marine mammals incidental to a marine survey program, which includes site clearance and shallow hazards, ice gouge, and strudel scour surveys, in the Beaufort and Chukchi Seas, Alaska, during the 2010 Arctic open water season.