Department of Commerce December 2011 – Federal Register Recent Federal Regulation Documents

On August 5, 2011, the Department of Commerce (Department) published the preliminary results of administrative review of the antidumping duty order on polyethylene terephthalate film (PET Film) from India.\1\ This review covers one producer/exporter of subject merchandise: Ester Industries Ltd. (Ester). Based on the results of our analysis of the comments received, we did not make any changes to the preliminary results. However, the Department did make changes to the preliminary results of the concurrent countervailing duty administrative review. Accordingly, we adjusted Ester's U.S. price in our margin calculations for Ester's export subsidy rate calculated for the final results of review, causing a change in the antidumping duty margin calculated for these final results. For the final dumping margins, see the ``Final Results of Review'' section below.

The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention (CWC), through the Chemical Weapons Convention Implementation Act (CWCIA), and the Chemical Weapons Convention Regulations (CWCR), has had on commercial activities involving ``Schedule 1'' chemicals during calendar year 2011. Additionally, BIS seeks public comments on whether the addition of salts of certain CWC ``Schedule 1'' chemicals (e.g., saxitoxin or nitrogen mustards) to the list of ``Schedule 1'' chemicals in the CWC Annex on Chemicals would impact any commercial activities. Finally, BIS is seeking public comments on whether any commercial chemical production activities in the U.S. could possibly involve the production of a ``Schedule 1'' chemical as an intermediate in the synthesis of other chemicals. In this regard, note that the CWC, CWCIA, and CWCR have the potential to impact commercial activities, not only when the ``Schedule 1'' chemicals are end products, but whenever ``Schedule 1'' chemicals (e.g., nitrogen mustards) are produced as intermediates in the synthesis of other chemicals.

This rule updates the Code of Federal Regulations (CFR) legal authority citations for the Export Administration Regulations (EAR) to replace citations to the President's Notice of November 4, 2010, Continuation of Emergency Regarding Weapons of Mass Destruction, with citations to the President's Notice of November 9, 2011 on the same subject. BIS is making these changes to keep the CFR's legal authority citations for the EAR current.

On June 8, 2011, the Department of Commerce (``Department'') published in the Federal Register the preliminary results in the 2009- 2010 antidumping duty administrative review of pure magnesium from the People's Republic of China (``PRC'').\1\ The period of review (``POR'') is May 1, 2009, through April 30, 2010. We initiated an administrative review of the antidumping duty order on pure magnesium from the PRC with respect to Tianjin Magnesium International Co., Ltd. (``TMI''). We determined that TMI did not make sales in the United States at prices below normal value (``NV'') in the Preliminary Results. 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.

NMFS has determined that the Atlantic tunas General category daily retention limit of Atlantic bluefin tuna (BFT) should be adjusted for the January 2012 subquota period, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels (when fishing commercially for BFT).

NMFS is reallocating the projected unused amounts of Pacific cod total allowable catch (TAC) from catcher vessels using trawl gear and jig gear sectors to American Fisheries Act (AFA) trawl catcher/ processors and catcher/processors using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2011 TAC of Pacific cod to be harvested.

Notice is hereby given that Virginia Aquarium and Marine Science Center Foundation [Responsible Party: Mark Swingle], 717 General Booth Blvd. Virginia Beach, VA 23451, has applied in due form for a permit to take green (Chelonia mydas), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), and loggerhead (Caretta caretta) sea turtles for purposes of scientific research.

Notice is hereby given that NOAA's Office of Science and Technology, Silver Spring, MD, (Brandon Southall, Ph.D.Principal Investigator) has applied for an amendment to Scientific Research Permit No. 14534-01.

Based on affirmative final determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC''), the Department is issuing a countervailing duty (``CVD'') order on multilayered wood flooring from the People's Republic of China (``PRC'').

The Department of Commerce (``the Department'') is rescinding the administrative review of the antidumping duty order on certain steel grating from the People's Republic of China (``PRC'') for the period of review (``POR'') of January 6, 2010, through June 30, 2011, with respect to Ningbo Haitian International Co., Ltd. (``Ningbo Haitian''), Shanghai Minmetals Materials & Products Co., Ltd. (``Shanghai Minmetals''), Yantai Xinke Steel Structure Co., Ltd. (``Yantai Xinke''), Sinosteel Yantai Steel Grating Co., Ltd. (``Sinosteel Yantai''), Ningbo Jiulong Machinery Manufacturing Co., Ltd. (``Ningbo Jiulong''), Accurate Screen, Ltd. (``Accurate Screen''), Wuxi Juhua Import/Export Co., Ltd. (``Wuxi Juhua''), and Well Forge Industries (``Well Forge''). This rescission is based on the timely withdrawal of the requests for review by the only interested party that requested the review of these companies.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on lightweight thermal paper from Germany. For the period November 1, 2009, through October 31, 2010, we have preliminarily determined that Papierfabrik August Koehler AG made sales of subject merchandise at less than normal value (NV). If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise during the period of review (POR). See ``Preliminary Results of Review'' section of this notice. Interested parties are invited to comment on these preliminary results.

Notice is hereby given that Dr. Peter Tyack, Woods Hole Oceanographic Institution, Woods Hole, MA has applied for an amendment to Permit No. 14241-02 to conduct research on marine mammals. This document makes a correction to a previously published document (December 2, 2011) in which the DATES section was inadvertently omitted.

We, the National Marine Fisheries Service (NMFS) Southwest Region, announce the availability of 5-year reviews for four DPSs of steelhead (Oncorhynchus mykiss) in California, as required by the Endangered Species Act (ESA). Information about the 5-year review process, including copies of the 5-year review reports, may be obtained by visiting the NMFS Southwest Regional Office Web site at https:// swr.nmfs.noaa.gov/.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from the United Arab Emirates (UAE). This review covers the respondent, JBF RAK LLC (JBF), a producer and exporter of PET Film from the UAE. The Department preliminarily determines that sales of PET Film from the UAE have been made below normal value (NV) during the November 1, 2009, through October 31, 2010, period of review. The preliminary results are listed below in the section titled ``Preliminary Results of Review.'' Interested parties are invited to comment on these preliminary results.

The Pacific Fishery Management Council's (Council) Highly Migratory Species Management Team (HMSMT) will a hold work session, which is open to the public.

Through this notice of proposed rulemaking (``NPRM''), the Economic Development Administration (``EDA''), U.S. Department of Commerce (``DOC''), proposes and requests comments on updates to the agency's regulations implementing the Public Works and Economic Development Act of 1965, as amended (``PWEDA''). On February 1, 2011, EDA published a notice requesting comments on improving the regulations. A 70-day public comment period followed from February 1, 2011 through April 11, 2011, during which EDA received approximately 170 comments. In addition, EDA conducted an internal review of its regulations. This NPRM addresses and incorporates public comments and agency staff suggestions to present an updated set of proposed regulations that reflects the agency's current practices and policies in administering its economic development assistance programs. For convenience, the full text of EDA's regulations as amended is available on EDA's Web site at https://www.eda. gov/.

On August 1, 2011, the Department of Commerce (``Department'') initiated the third sunset review of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (``TRBs'') from the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``Act''). On August 16, 2011, the Timken Company (``Timken''), a domestic producer and the petitioner in the TRBs less-than-fair-value investigation, notified the Department that it intended to participate in the sunset review. On August 16, 2011, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC (``USW''), a union that represents workers engaged in the manufacturing of tapered roller bearings and parts thereof in the United States, also notified the Department that it intended to participate in the sunset review. The Department did not receive a notice of intent to participate from any respondent interested party. Based on the notices of intent to participate and adequate response filed by Timken and USW (together, ``the domestic parties''), and the lack of response from any respondent interested party, the Department conducted an expedited (120-day) sunset review of the antidumping duty order on tapered roller bearings from the PRC pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). See Antidumping Duty Order; Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People's Republic of China, 52 FR 22667 (June 15, 1987), as amended, Tapered Roller Bearings From the People's Republic of China; Amendment to Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order in Accordance With Decision Upon Remand, 55 FR 6669 (Feb. 26, 1990) (``Order''). As a result of this sunset review, the Department finds that revocation of the Order would likely lead to continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Review'' section of this notice, infra.

On August 1, 2011, the Department of Commerce (the Department) initiated a sunset review of the countervailing duty (CVD) order on certain lined paper products (CLPP) from India pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (``Sunset'') Review, 76 FR 45778 (August 1, 2011) (Initiation Notice). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of domestic interested parties and an inadequate response (in this case, no response) from respondent interested parties, the Department decided to conduct an expedited sunset review of this CVD order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C). As a result of this review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ``Final Results of Review'' section of this notice.

On August 1, 2011, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty (``AD'') orders on lined paper products (``CLPP'') from India, Indonesia, and the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-Year (``Sunset'') Review, 76 FR 45778 (August 1, 2011). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of domestic interested parties and an inadequate response (in this case, no response) from respondent interested parties in each of these reviews, the Department decided to conduct expedited sunset reviews of these AD orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(A). As a result of these reviews, the Department finds that revocation of the antidumping duty orders would likely lead to a continuation or recurrence of dumping at the margins identified in the ``Final Results of Review'' section of this notice.

In response to timely requests, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on diamond sawblades and parts thereof (diamond sawblades) from the People's Republic of China (PRC). The period of review (POR) is January 23, 2009, through October 31, 2010. We have preliminarily determined that sales have been made below normal value by the companies subject to individual examination in this review. We invite interested parties to comment on these preliminary results. Parties who submit comments in this review are requested to submit with each argument (1) A statement of the issue and (2) a brief summary of the argument.

The Bureau of Industry and Security publishes a third proposed rule that describes how articles the President determines no longer warrant control under Category VII (military vehicles and related articles) of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL). This proposed rule would re-propose, with certain changes, five new Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) that were proposed in a proposed rule published on July 15, 2011 (76 FR 41958). The revised ECCNs in this proposed rule are the result of continued deliberations of the Bureau of Industry and Security, the Department of Defense and the Department of State and recommendations of commenters on the July 15 proposed rule. This proposed rule is being published in conjunction with a proposed rule by the Department of State, Directorate of Defense Trade Controls to remove from Category VII of the USML (22 CFR 121.1, Category VII) articles that the President determines no longer warrant control on the USML.