Department of Commerce 2012 – Federal Register Recent Federal Regulation Documents

NMFS implements accountability measures (AMs) for the commercial sector for Atlantic wahoo (wahoo) in the exclusive economic zone (EEZ) off the Atlantic states (Maine through the east coast of Florida). Commercial landings for wahoo, as estimated by the Science and Research Director, are projected to reach the commercial annual catch limit (ACL) on December 19, 2012. Therefore, NMFS closes the commercial sector for wahoo on December 19, 2012, for the remainder of the 2012 fishing year, through December 31, 2012. This action is necessary to protect the Atlantic wahoo resource.

On November 30, 2012, the United States Court of International Trade (CIT) sustained the Department of Commerce's (Department's) results of redetermination, which recalculated the all others subsidy rate in the countervailing duty (CVD) investigation of aluminum extrusions from the People's Republic of China (PRC) \1\ pursuant to the CIT's remand order in MacLean Fogg IV. \2\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken, \3\ as clarified by Diamond Sawblades, \4\ 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 therefore amending its Final Determination.

NMFS announces fishing opportunities in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make fishing privileges available on an equitable basis.

This notice sets forth the schedule of a forthcoming meeting of the DoC NOAA National Climate Assessment and Development Advisory Committee (NCADAC). Time and Date: The meeting will be held Friday, January 11, 2013 from 11:00 a.m.-1:00 p.m. Eastern time. Place: This meeting will be a conference call. Public access and materials will be available at the office of the U.S. Global Change Research Program, Conference Room A, Suite 250, 1717 Pennsylvania Avenue NW., Washington, DC 20006. The public will not be able to dial into the call. Please check the National Climate Assessment Web site for additional information at https://www.globalchange.gov/what-we-do/ assessment. Status: The meeting will be open to public participation with a 10- minute public comment period from 12:45-12:55 p.m. The NCADAC expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of two minutes. Written comments should be received in the NCADAC DFO's office by Monday, January 7, 2013 to provide sufficient time for NCADAC review. Written comments received by the NCADAC DFO after Monday, January 7, 2013 will be distributed to the NCADAC, but may not be reviewed prior to the meeting date. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12 p.m. on Monday, January 7, 2013 to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East- West Hwy., Silver Spring, MD 20910. Matters To Be Considered: Please refer to the Web page https:// www.nesdis.noaa.gov/NCADAC/ for the most up-to-date meeting agenda, when available.

NMFS proposes changing the butterfish mortality cap on the longfin squid fishery from a catch cap to a discard cap in Framework Adjustment 7 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan,. This action also proposes reducing the butterfish mortality cap for the 2013 fishing year by 13 percent (from 4,500 mt to 3,915 mt) to exclude butterfish landings that were previously included in the butterfish mortality cap allocation. The adjustment will maintain the intended function of the butterfish mortality cap by continuing to limit butterfish discards in the longfin squid fishery while accommodating a potential directed butterfish fishery during the 2013 fishing year.

NMFS implements accountability measures (AMs) for the commercial sector for snowy grouper in the South Atlantic exclusive economic zone (EEZ). Commercial landings for snowy grouper, as estimated by the Science Research Director, are projected to reach the commercial annual catch limit (ACL) on December 19, 2012. Therefore, NMFS closes the commercial sector for snowy grouper on December 19, 2012, for the remainder of the 2012 fishing year. This action is necessary to prevent overfishing of the South Atlantic snowy grouper resource.

On December 5, 2012, the NAFTA Chapter 19 binational panel issued its decision in the review of the final results of the 2008/2009 antidumping administrative review made by the U.S. Department of Commerce, respecting Light-Walled Rectangular Pipe and Tube from Mexico, NAFTA Secretariat File Number USA-MEX-2011-1904-02. The panel remanded the matter to the U.S. Department of Commerce and Ordered that Commerce provide the Panel with its explanation regarding its practice of zeroing in administrative reviews, but not in antidumping investigations. Copies of the panel's decision are available from the U.S. Section of the NAFTA Secretariat.

On July 27, 2012, the United States Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a decision of the United States Court of International Trade (CIT) and ordered it to reinstate the final results of the administrative review of the antidumping duty order on magnesium metal from the Russian Federation covering the period April 1, 2006, through March 31, 2007, as applied to PSC VSMPO- AVISMA Corporation (VSMPO-AVISMA). See PSC VSMPO-AVISMA Corp. v. United States, 688 F.3d 751 (Fed. Cir. 2012) (AVISMA IV); see also Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 73 FR 52642 (September 10, 2008) (Final Results). On November 20, 2012, the CIT issued final judgment pursuant to the CAFC's remand order in AVISMA IV reinstating the final results of administrative review with respect to VSMPO-AVISMA. See PSC VSMPO- AVISMA Corp. v. United States, Consol. Court No 08-00321, Slip Op. 12- 142 (Ct. Int'l Trade November 20, 2012) (AVISMA V). Having previously amended the final results of administrative review pursuant to the earlier CIT decision, the Department of Commerce (the Department) is, in accordance with AVISMA V, once again amending the final results of the administrative review with respect to VSMPO-AVISMA to reinstate its original determination. See Final Results.

Notice is hereby given that individuals and institutions have been issued Letters of Confirmation for activities conducted under the General Authorization for Scientific Research on marine mammals. See SUPPLEMENTARY INFORMATION for a list of names and address of recipients.

NMFS proposes regulations under the Tuna Conventions Act to implement Resolution C-12-09 of the Inter-American Tropical Tuna Commission (IATTC) by establishing limits on commercial retention of bluefin tuna by U.S. fishing vessels operating in the Eastern Pacific Ocean in 2012 and 2013. This action is necessary for the United States to satisfy its obligations as a member of the IATTC and to reduce overfishing of the stock.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, we hereby give notification that the National Marine Fisheries Service has issued an Incidental Harassment Authorization (IHA) to PRBO Conservation Science (PRBO), to take marine mammals, by Level B harassment, incidental to conducting seabird and pinniped research activities on Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National Seashore in central California.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on lightweight thermal paper (LWTP) from Germany for the period November 1, 2010, through October 31, 2011. We have preliminarily determined that Papierfabrik August Koehler AG (Koehler) made sales of subject merchandise at less than normal value, based on adverse facts available (AFA).

On October 24, 2012, the Department of Commerce (the Department) published a notice of preliminary results of changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India.\1\ In that notice, we preliminarily determined that Apex Frozen Foods Private Limited (Apex Frozen) is the successor-in-interest to Apex Exports (Apex) for purposes of determining antidumping duty cash deposits and liabilities. No interested party submitted comments on, or requested a public hearing to discuss, the Initiation and Preliminary Results. Therefore, for these final results, the Department continues to find that Apex Frozen is the successor-in-interest to Apex.

NMFS announces that the State of Maine is transferring a portion of its 2012 commercial summer flounder quota to the State of Connecticut. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved.

The Department of Commerce (the Department) continues to determine that glycine processed by Salvi Chemical Industries Limited (Salvi) and AICO Laboratories India Ltd. (AICO) and exported to the United States from India is circumventing the antidumping duty order on glycine from the People's Republic of China (China), as provided in section 781(b) of the Tariff Act of 1930, as amended (the Act).\1\ With respect to Paras Intermediates Pvt. Ltd. (Paras), the Department continues to find that Paras is not circumventing the Order because it is producing glycine from raw materials of Indian origin and exporting such merchandise to the United States.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on seamless refined copper pipe and tube from Mexico. The review covers two producers/ exporters of the subject merchandise, GD Affiliates S. de R.L. de C.V. and its affiliate Hong Kong GD Trading Co., Ltd. (collectively, Golden Dragon) and Nacional de Cobre, S.A. de C.V. (Nacobre). The period of review (POR) is May 1, 2011, through October 31, 2011, for Golden Dragon and November 22, 2010, through October 31, 2011, for Nacobre. We have preliminarily found that sales of the subject merchandise have not been made at prices below normal value.

On June 5, 2012, the Department of Commerce (the Department) published the preliminary results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, and Italy. On October 16, 2012, the Department released its post-preliminary analysis in these reviews. For these final results, we continue to find that sales of the subject merchandise have not been made at prices below normal value.

The Department of Commerce (the Department) has preliminarily determined that critical circumstances exist with respect to imports of steel wire garment hangers from the Socialist Republic of Vietnam (Vietnam) with the exception of imports from the Hamico Companies.\1\

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (the ``ITC''), the Department is issuing an antidumping duty order on steel wire garment hangers from Taiwan.