Department of Commerce January 25, 2011 – Federal Register Recent Federal Regulation Documents

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement several components of the bilateral understanding between the United States and India announced by President Obama and India's Prime Minister Singh on November 8, 2010. This is the first in a series of rules implementing the President's and Prime Minister's commitment to work together to strengthen the global nonproliferation and export control framework and further transform our bilateral export control cooperation to realize the full potential of the strategic partnership between the two countries. The two leaders outlined mutual steps to implement an export control reform program. On the part of the United States, these steps include removing India's defense and space-related entities from the Entity List (Supplement No. 4 to part 744 of the EAR) and realigning U.S. export licensing policy toward India by removing India from three country groups in the EAR and adding it to one country group. This rule also makes conforming changes to the EAR consistent with these steps. These reforms reflect India's nonproliferation record and commitment to abide by multilateral export control standards.

This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Sea Grant Advisory Board (Board). Board members will discuss and provide advice on the National Sea Grant College Program in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the agenda found on the National Sea Grant College Program Web site at https://www.seagrant.noaa.gov/leadership/ advisory_board.html.

On June 16, 2010, the Department of Commerce (``the Department'') published in the Federal Register a notice of initiation of a changed circumstances review (``CCR'') of the antidumping duty order on certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC'') in order to determine whether Shandong Linglong Tyre Co., Ltd. (``Shandong Linglong'') is the successor-in-interest to Zhaoyuan Leo Rubber Co., Ltd. (``Leo Rubber'') for the purpose of determining antidumping duty liability.\1\ On December 8, 2010, Ling Long North America LLC, doing business as Atlas Tire, an affiliated importer of record and the requesting party, submitted a request to rescind this CCR. The Department is now rescinding this CCR.

On January 3, 2011, the United States Court of International Trade (``CIT'') sustained in an unpublished judgment the Department of Commerce's (``the Department'') results of redetermination as applied to respondents China First Pencil Co., Ltd. (``China First'') and Shanghai Three Star Stationery Industry Corp. (``Three Star'') and separate rate company Orient International Holding Shanghai Foreign Trade Co., Ltd. (``SFTC'') pursuant to the CIT's remand order in China First Pencil Co., Ltd. v. United States, 721 F. Supp. 2d 1369 (Ct. Int'l Trade 2010) (``China First''). See Final Results of Redetermination Pursuant to Remand, Court No. 09-00325, dated December 20, 2010, available at https://ia.ita.doc.gov/remands (``Remand Results''); China First Pencil Co., Ltd. v. United States, Court No. 09-00325 (Ct. Int'l Trade January 3, 2011) (judgment). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States,F.3dCourt No. 2010-1024, -1090 (Fed. Cir. December 9, 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final determination and is amending the final results of the administrative review of the antidumping duty order on certain cased pencils (``pencils'') from the People's Republic of China covering the period of review (``POR'') of December 1, 2006, through November 30, 2007 with respect to China First, Three Star, and SFTC. See Certain Cased Pencils from the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 74 FR 33406 (July 13, 2009) (``Final Results''), and accompanying Issues and Decision Memorandum (``I&D Memorandum''), as amended by Certain Cased Pencils from the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 74 FR 45177 (September 1, 2009).

On September 10, 2010, the Department of Commerce (the ``Department'') published the preliminary results of these new shipper reviews (``NSR''), for the period of review (``POR'') of December 1, 2008, through November 30, 2009.\1\ Based on our analysis of the comments received, and after reexamining the bona fides of the sales made by Suzhou Shanding Honey Product Co., Ltd. (``Suzhou'') and Wuhu Fenglian Co., Ltd. (``Fenglian''), the Department finds that that sales under review are not bona fide transactions; therefore, for these final results, the Department has rescinded the review with respect to Suzhou and Fenglian.