Department of Commerce December 28, 2010 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Species; Recovery Plan for the Sperm Whale
Document Number: 2010-32692
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) announces the adoption of an Endangered Species Act (ESA) Recovery Plan for the Sperm whale (Physeter macrocephalus). The Recovery Plan contains revisions and additions in consideration of public comments received on the proposed draft Recovery Plan for the sperm whale.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish Fishery
Document Number: 2010-32691
Type: Rule
Date: 2010-12-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this interim final rule to amend the cost recovery regulations implementing the Tilefish Fishery Management Plan (FMP) to require the first year cost-recovery fee percentage to be calculated based on the best estimate of the actual costs associated with the management, data collection and analysis, and enforcement of the individual fishing quota (IFQ) allocation program (not to exceed 3 percent), rather than to be set at the statutory maximum 3 percent of the ex-vessel value of tilefish landings.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part
Document Number: 2010-32683
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with November anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part.
Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Antidumping Duty New Shipper Review
Document Number: 2010-32680
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) is conducting a semiannual new shipper review (NSR) under the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET film) from India in response to a request from SRF Limited (SRF). The domestic interested parties for this proceeding are DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc. and Toray Plastics (America), Inc. (petitioners). We preliminarily determine that the U.S. sale of subject merchandise produced and exported by SRF was bona fide and not sold below normal value (NV). If these preliminary results are adopted in our final results, the Department intends to instruct United States Customs and Border Protection (CBP) to liquidate entries subject to this review without regard to antidumping duties. Interested parties are invited to comment on these preliminary results. See the ``Preliminary Results of Review'' section of this notice. The final results will be issued 90 days after the date of signature of these preliminary results, unless extended.
Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty New Shipper Review
Document Number: 2010-32677
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) is conducting a new shipper review under the countervailing duty (CVD) order on polyethylene terephthalate film, sheet and strip (PET film) from India in response to a request from SRF Limited (SRF). The period of review (POR) is January 1, 2009, through December 31, 2009. The domestic interested parties for this proceeding are DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc. and Toray Plastics (America), Inc. (petitioners). We preliminarily determine that the U.S. sale of subject merchandise produced and exported by SRF was bona fide. See Bona Fides Analysis section below. We also preliminarily determine that SRF has benefitted from countervailable subsidies provided on the production and export of PET film from India. See the ``Preliminary Results of Administrative Review'' section, below. If the final results remain the same as the preliminary results of this review, we intend to instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties. Interested parties are invited to comment on the preliminary results of this new shipper review. See the ``Public Comment'' section of this notice, below. The final results will be issued 90 days after the date of signature of these preliminary results, unless extended.
Certain Non-Frozen Apple Juice Concentrate From the People's Republic of China: Final Results of the New Shipper Review
Document Number: 2010-32675
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``Department'') is conducting a new shipper review (``NSR'') of the antidumping duty order covering certain non-frozen apple juice concentrate from the People's Republic of China. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Non-Frozen Apple Juice Concentrate From the People's Republic of China, 65 FR 35606 (June 5, 2000). This is a new shipper review of Lingbao Xinyuan Fruit Industry Co., Ltd. (``LXFI''). Based upon our analysis of the comments and information received, we made changes to the dumping margin calculation for the final results. The final dumping margin is listed below in the section entitled ``Final Results of the Review.''
Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2011 Summer Flounder, Scup, and Black Sea Bass Specifications; Preliminary 2011 Quota Adjustments; 2011 Summer Flounder Quota for Delaware
Document Number: 2010-32656
Type: Rule
Date: 2010-12-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues final specifications for the 2011 summer flounder, scup, and black sea bass fisheries. This final rule specifies allowed harvest limits for both commercial and recreational fisheries, including commercial scup possession limits. This action prohibits Federally permitted commercial fishing vessels from landing summer flounder in Delaware in 2011 due to continued quota repayment from previous years' overages. The actions of this final rule are necessary to comply with regulations implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), as well as to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). The intent of this action is to establish harvest levels and other management measures to ensure that these species are not overfished or subject to overfishing in 2011. In addition, this action implements measures to ensure continued rebuilding of the summer flounder stock, which remains under a Magnuson-Stevens Act rebuilding program.
Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings
Document Number: 2010-32632
Type: Proposed Rule
Date: 2010-12-28
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') is requesting comments regarding the calculation of the weighted average dumping margin and antidumping duty assessment rate in certain antidumping duty proceedings. Currently, in a review of an antidumping duty order conducted under 19 CFR 351.213 (administrative review), 351.214 (new shipper review), and 351.215 (expedited antidumping review) (collectively ``reviews''), the Department usually makes comparisons between transaction-specific export prices and average normal values and does not offset any dumping that is found with the results of comparisons for which the transaction-specific export price exceeds the average normal value. In addition, in the most recent original antidumping duty investigation in which the Department calculated the weighted average margins of dumping using transaction-to-transaction comparisons, the Department did not grant offsets for non-dumped comparisons. Several World Trade Organization (``WTO'') dispute settlement reports have found that the United States application of these methodologies was inconsistent with our WTO obligations. In response to these reports, the Department proposes modification of its methodologies, including changes to certain provisions of the Department's regulations.
Gulf of Mexico Fishery Management Council; Public Meeting
Document Number: 2010-32626
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council will convene a meeting of the Ad Hoc Reef Fish Limited Access Privilege Program Advisory Panel.
Western Pacific Fishery Management Council; Public Meetings
Document Number: 2010-32595
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Western Pacific Fishery Management Council (Council) will hold meetings of its Marianas Archipelago Plan Team (PT), Guam Regional Ecosystem Advisory Committee (Guam REAC), Mariana Archipelago Advisory Panel (AP) and Commonwealth of the Northern Mariana Islands Regional Ecosystem Advisory Committee (CNMI REAC).
Coding of Design Marks in Registrations
Document Number: 2010-32564
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') proposes to discontinue its secondary design coding, the practice of coding newly registered trademarks in its searchable electronic database with design mark codes based on the old paper search designations.
Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance
Document Number: 2010-32530
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, Economic Development Administration
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