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

The Department of Commerce (``the Department'') is currently conducting an administrative review of the antidumping duty order on laminated woven sacks (``LWS'') from the People's Republic of China (``PRC'') covering the period August 1, 2009, through July 31, 2010. This review covers imports of subject merchandise from one manufacturer/exporter: Zibo Aifudi Plastic Packaging Co., Ltd. (``Aifudi''). If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries in accordance with these results. We invite interested parties to comment on these preliminary review results and will issue the final review results no later than 120 days from the date of publication of this notice.

This document corrects a typographical error in the address for submitting e-mail comments that appeared in a proposed rule, ``Export Control Modernization: Strategic Trade Authorization License Exception,'' published on December 9, 2010.

In this final rule, NESDIS establishes a new schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is revising the fee schedule to ensure that the fees accurately reflect the costs of providing access to the environmental data, information, and related products and services. NESDIS is authorized under 15 U.S.C. 1534 to assess fees, up to fair market value, for access to environmental data, information, and products derived from, collected, and/or archived by NOAA. Other than depreciation, costs to upgrade computer hardware and software systems will not be included in the fees charged to users.

The ONMS is seeking applications for the following vacant seats on the Flower Garden Banks National Marine Sanctuary Advisory Council: Recreational Diving, Oil and Gas Operations and Commercial Fishing. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve three-year terms, pursuant to the council's charter.

NMFS has received an application, pursuant to the Marine Mammal Protection Act (MMPA), from the Alaska Aerospace Corporation (AAC) for authorization to take small numbers of marine mammals incidental to launching space launch vehicles, long-range ballistic target missiles, and other smaller missile systems at the Kodiak Launch Complex (KLC) for the period of February 2011 through February 2016. Pursuant to the MMPA, NMFS is requesting comments on its proposal to issue regulations and subsequent Letters of Authorization (LOAs) to AAC to incidentally harass Steller sea lions (Eumetopias jubatus) and harbor seals (Phoca vitulina) during the specified activity.

This final rule implements addenda to add exemptions from certain Federal fishing regulations to some or all Northeast (NE) multispecies sector operations plans that were previously approved by the final sector rule published April 9, 2010. That rule approved FY 2010 sector operations plans and contracts for, and made allocations of Annual Catch Entitlements (ACE) to, 17 sectors in the NE multispecies fishery. In addition, this action approves an exemption functionally equivalent to the Gulf of Maine (GOM) Haddock Sink Gillnet Pilot Program for FY 2010 sectors (proposed in Amendment 16 to the NE Multispecies Fishery Management Plan (FMP) for both common pool and sector vessels, but disapproved by NMFS), since this program would be more controlled for sectors and unlikely to compromise efforts to eliminate overfishing and rebuild overfished stocks. The exemptions are intended to provide additional flexibility and improve profitability for sector vessels.

On June 18, 2010, the Department of Commerce (``Department'') published in the Federal Register the preliminary results in the 2008- 2009 antidumping duty administrative review of pure magnesium from the People's Republic of China (``PRC'').\1\ The period of review (``POR'') is May 1, 2008, through April 30, 2009. We initiated an administrative review of the antidumping order on pure magnesium from the PRC with respect to Tianjin Magnesium International Co., Ltd. (``TMI''), Tianjin Xianghaiqi Resources Import & Export Trade Co., Ltd. (``TXR''), and Pan Asia Magnesium Co., Ltd. (``Pan Asia''). Because neither TXR nor Pan Asia responded to the Department's antidumping duty questionnaire, we determined that they were not entitled to a separate rate in the Preliminary Results and included them in the PRC-Wide Entity.\2\ We determined that TMI, the only responsive respondent in this proceeding, made sales in the United States at prices below normal value (``NV''). We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments received, we made changes to the margin calculations for TMI. The final dumping margin for this review is listed in the ``Final Results Margins'' section below.

The South Atlantic Fishery Management Council (Council) will hold a series of public hearings regarding Regulatory Amendment 9 to the Snapper Grouper Fishery Management Plan (FMP) for the South Atlantic Region, a Comprehensive Annual Catch Limit (ACL) Amendment, and its Comprehensive Ecosystem-Based Amendment 2. The Council will also conduct scoping meetings regarding Amendments 21, 22, and 24 to the Snapper Grouper FMP and Amendment 5 to the Golden Crab Fishery Management Plan for the South Atlantic Region. See SUPPLEMENTARY INFORMATION.

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

On November 16, 2010, the Court of International Trade (CIT) issued an order in JSW Steel Limited v. United States, and United States Steel Corporation and Nucor Corporation, Court No. 08-00247, Order Of Judgment By Stipulation Of The Parties (November 16, 2010) (JSW) pertaining to the Department's agreement with JSW Steel Limited (JSW), setting the final countervailing rate for the period of review (POR) of January 1, 2006, through December 31, 2006 (2006 POR) to 76.88 percent, and specifying the future countervailing duty cash deposit rate to 76.88 percent for that company. The Department is amending the final results of the administrative review of the countervailing duty order on certain hot-rolled carbon steel flat products (HRCS) from India covering the 2006 POR, to reflect the CIT's order in JSW.

The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) covering the period of review (POR), November 1, 2008 through October 31, 2009. The Department initiated this review for 84 producers/exporters (companies). Based on timely withdrawal of requests for review, the Department is now rescinding the review with respect to 54 companies which are listed in Attachment I. As such, this review covers the 30 companies listed in Attachment II. One producer/exporter selected as a mandatory respondent has participated fully and has demonstrated its eligibility for a separate rate. We preliminarily determine that the respondent sold subject merchandise to the United States at prices below normal value (NV). The Department has also preliminarily determined that total adverse facts available (AFA) is warranted for two mandatory respondents who each failed to cooperate to the best of its ability in this proceeding. The Department preliminarily grants a separate rate to four companies which demonstrated the eligibility for separate rate status. The rates assigned to each of these companies, can be found in the ``Preliminary Results of Review'' section of this notice. The Department also intends to rescind preliminarily the review with respect to seven companies which each timely submitted a ``no shipment'' certification. The remaining fourteen companies for which a review was requested but which failed to timely submit a no-shipment certification, or separate rate certification or application, are part of the PRC-wide entity. A more detailed explanation of the disposition of each of the above companies can be found below. Interested parties are invited to comment on these preliminary results. If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of subject merchandise during the POR for which assessment rates are above de minimis.

Notice is hereby given that the Alaska SeaLife Center, Seward, AK, has applied for an amendment to Scientific Research Permit No. 14335.

The Pacific Fishery Management Council's (Council) Groundfish Management Team (GMT) will hold a working meeting, which is open to the public.

This final rule amends regulations of the Bureau of Economic Analysis (BEA), Department of Commerce, to set forth the reporting requirements for the BE-11, Annual Survey of U.S. Direct Investment Abroad. BEA conducts the survey annually and obtains sample data on financial and operating data covering the overall operations of U.S. parent companies and their foreign affiliates. BEA is modifying and deleting items on the survey forms and changing the reporting criteria. The changes include a change in the reporting criteria for foreign affiliates with U.S. Parent (U.S. Reporter) ownership between 10 and 20 percent. BEA is also making changes to bring the BE-11 forms and instructions into conformity with the 2009 BE-10, Benchmark Survey of U.S. Direct Investment Abroad.

The Pacific Fishery Management Council (Pacific Council) has begun its annual preseason management process for the 2011 ocean salmon fisheries. This document announces the availability of Pacific Council documents as well as the dates and locations of Pacific Council meetings and public hearings comprising the Pacific Council's complete schedule of events for determining the annual proposed and final modifications to ocean salmon fishery management measures. The agendas for the March and April 2011 Pacific Council meetings will be published in subsequent Federal Register documents prior to the actual meetings.

The Manufacturing Council will hold a meeting to discuss competitiveness, clean energy, export/import issues and workforce development issues affecting the U.S. manufacturing sector and to receive briefings from the Departments of Commerce, the Treasury, Labor, and Energy on their activities relating to the U.S. manufacturing sector.

This notice sets forth the schedule and agenda for an open meeting of the U.S. Travel and Tourism Advisory Board (Board). The agenda may change to accommodate Board business. The final agenda will be posted on the Department of Commerce Web site for the Board at https://tinet.ita.doc.gov/TTAB/TTAB_Home.html.

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that two 1-year letters of authorization (LOA) have been issued to the U.S Navy (Navy) for the incidental take of marine mammals during: Navy activities within the NWTRC, off the coasts of Washington, Oregon, and northern California, for the period of October 2010 through October 2011, and; Navy activities conducted in the Mariana Islands Range Complex (MIRC) study area for the period of July 2010 through July 2011. These activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act of 2004 (NDAA).

This document contains a correction to the temporary rule that delays the effective date of the area closure for snapper-grouper specified in Amendment 17A to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) that was published in the Federal Register December 9, 2010.

On June 16, 2010, the Department of Commerce published the preliminary results of the administrative and new-shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (PRC). The reviews cover five exporters. The period of review is September 1, 2008, through August 31, 2009. Based on our analysis of the comments received, we have made changes in the margin calculations for all companies. Therefore, the final results differ from the preliminary results. The final weighted- average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Reviews.''

The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between April 1, 2010, and June 30, 2010. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of June 30, 2010. We intend to publish future lists after the close of the next calendar quarter.

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.