Notices. Notice; request for comments

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BILLING CODE 6335-01-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket T-5-2007] Foreign-Trade Zone 38 - Spartanburg County, SC, Application for Temporary/Interim Manufacturing Authority, Kittel Supplier USA, Inc., (Automotive Roof/Luggage Racks), Duncan, SC An application has been submitted to the Executive Secretary of the Foreign-Trade Zones Board (the Board) by the South Carolina State Ports Authority, grantee of FTZ 38, requesting temporary/interim manufacturing (T/IM) authority within FTZ 38 at the Kittel Supplier USA, Inc.

(KSU)facility in Duncan, South Carolina. The application was filed on October 26, 2007. The KSU facility (25 employees) is located at 201 Commerce Court within the Highway 290 Commerce Park in Duncan (Site 3). Under T/IM procedures, KSU would assemble automotive roof/luggage racks (HTSUS 8708.29) for the U.S. market and export. Foreign components that would be used in the assembly activity (up to 100%% of total purchases) include: aluminum rails and support legs (8708.29), plastic support legs (8708.99), brackets (8708.29), fasteners (7318.15, 7318.19, 7318.29) and rubber seals (4016.93) (duty rates: free - 5.7%%). FTZ procedures could exempt KSU from Customs duty payments on the foreign components used in production for export. On domestic shipments transferred in-bond to U.S. automobile assembly plants with subzone status, no duties would be paid on the foreign components within the roof/luggage racks until the finished vehicles are subsequently entered for consumption, at which time the finished automobile duty rate (2.5%%) could be applied to the foreign components. For the finished roof/luggage racks withdrawn directly by KSU for customs entry, the finished automotive part rate (2.5%%) could be applied to the foreign inputs noted above. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the following address: Office of the Executive Secretary, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230-0002. For further information, contact Pierre Duy at pierre_duy@ita.doc.gov, or

(202)482-1378. The closing period for receipt of comments is December 5, 2007. A copy of the application will be available for public inspection at the Office of the Foreign-Trade Zones Board's Executive Secretary at the address listed above. Dated: October 29, 2007. Andrew McGilvray, Executive Secretary. [FR Doc. E7-21718 Filed 11-2-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 46-2007] Request for Comments on Uniform Treatment (and Related Issues) in Local Access to Foreign-Trade Zone Procedures—Extension of Comment Period On September 21, 2007, the Foreign-Trade Zones

(FTZ)Board published in the **Federal Register** a notice to “gather information and various parties' views related to potential conflicts of interest in local access to FTZ procedures, including regarding practices that parties believe may be inconsistent with the FTZ Act or the FTZ Board's regulations” (72 FR 53989-53990, 9/21/2007). Based on a request from the National Association of Foreign-Trade Zones, the specific period for submission of comments is being extended. Therefore, while interested parties are always encouraged to provide comments on the operation of the FTZ program, we are requesting comments on this matter by January 31, 2008 (extended from the original date of November 30, 2007), so that the Board may proceed with its examination. Questions relating to the submission of comments should be directed to Pierre Duy or Andrew McGilvray at

(202)482-2862. Dated: October 29, 2007. Andrew McGilvray, Executive Secretary. [FR Doc. E7-21720 Filed 11-2-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-846] Brake Rotors from the People's Republic of China: Extension of Final Results of Expedited Sunset Review of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 5, 2007. FOR FURTHER INFORMATION CONTACT: Frances Veith, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-4295. SUPPLEMENTAL INFORMATION: On July 2, 2007, the Department of Commerce (“the Department”) initiated a sunset review of the antidumping duty order on brake rotors from 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”) Reviews, 72 FR 35968 (July 2, 2007) (“ *Initiation Notice* ”). Based on adequate responses from the domestic interested party and an inadequate response from respondent interested parties, the Department is conducting an expedited sunset review to determine whether revocation of the antidumping order would lead to the continuation or recurrence of dumping, pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department's regulations. *See* Memorandum to the International Trade Commission regarding, “Expedited Sunset Review of the AD/CVD Order Initiated in July 2007,” dated August 21, 2007. Extension of Time Limits for Final Results In accordance with section 751(c)(5)(B) of the Act, the Department may extend the period of time for making its determination by not more than 90 days, if it determines that a review is extraordinarily complicated. As set forth in section 751(c)(5)(C)(i) of the Act, the Department may treat a sunset review as extraordinarily complicated if there are a large number of issues, as is the case in this proceeding. In particular, this sunset review involves complicated issues pertaining to adequacy of responses, related party status, and interested party status. Therefore, the Department has determined, pursuant to section 751(c)(5)(C)(i) of the Act, that the second sunset review of brake rotors from the PRC is extraordinarily complicated, as the Department must consider numerous arguments presented in the domestic interested party's and a domestic importer's August 1, 2007, substantive response and each parties' August 6, 2007, rebuttals to the substantive responses. Based on the timing of the case, the final results of this expedited sunset review cannot be completed within the statutory time limit of 120 days. Accordingly, the Department is extending the time limit for the completion of the final results by 30 days from the original October 30, 2007, deadline, to November 29, 2007, in accordance with section 751(c)(5)(B) of the Act. This notice is published pursuant to sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act. Dated: October 30, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-21702 Filed 11-2-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-428-840, A-580-860, A-570-920] Notice of Initiation of Antidumping Duty Investigations: Lightweight Thermal Paper from Germany, the Republic of Korea, and the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 5, 2007. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov at

(202)482-0665 (Republic of Korea), Blanche Ziv at

(202)482-4207 or Hallie Zink at

(202)482-6907 (People's Republic of China), Victoria Cho at

(202)482-5075 or Christopher Hargett at

(202)482-4161 (Germany), Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Washington, DC 20230. INITIATION OF INVESTIGATION The Petition On September 19, 2007, the Department of Commerce (Department) received an antidumping petition concerning lightweight thermal paper from Germany, the Republic of Korea (Korea), and the People's Republic of China (PRC), filed by Appleton Papers, Inc. (the petitioner) on behalf of the domestic industry producing lightweight thermal paper. *See* Antidumping Duty Petition on Lightweight Thermal Paper from Germany, the Republic of Korea, and the People's Republic of China and Countervailing Duty Petition on Lightweight Thermal Paper from the People's Republic of China (September 19, 2007) (Petition). The petitioner is a domestic producer of lightweight thermal paper (LWTP). On September 24, 2007, the Department issued a request for additional information and clarification of certain areas of the Petition. On September 28, 2007, in response to the Department's request, the petitioner filed a supplement to the Petition. *See* Lightweight Thermal Paper from Germany, the Republic of Korea, and the People's Republic of China; Petitioner's Response to the Department's September 24, 2007 Request for Clarification of Certain Items Contained in the Petition (September 28, 2007) (Supplement to the Petition). In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of LWTP from Germany, Korea, and the PRC are being, or are likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act and that such imports are materially injuring, or threatening material injury to, an industry in the United States. The petitioner also alleges that sales of LWTP from Germany and Korea have been made at prices below the cost of production (COP). The Department finds that the petitioner filed this Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and has demonstrated sufficient industry support with respect to the initiation of the antidumping duty investigations that the petitioner is requesting. *See* the “Determination of Industry Support for the Petition” section below. Period of Investigation Because the Petition was filed on September 19, 2007, the anticipated period of investigation

(POI)for Germany and Korea is July 1, 2006, through June 30, 2007. The anticipated POI for the PRC is January 1, 2007, through June 30, 2007. *See* 19 CFR 351.204(b). Scope of the Investigations The merchandise covered by each of these investigations includes certain lightweight thermal paper, which is thermal paper with a basis weight of 70 grams per square meter (g/m 2 ) (with a tolerance of ± 4.0 g/m 2 ) or less; irrespective of dimensions; 1 with or without a base coat 2 on one or both sides; with thermal active coating(s) 3 on one or both sides that is a mixture of the dye and the developer that react and form an image when heat is applied; with or without a top coat; 4 and without an adhesive backing. Certain lightweight thermal paper is typically (but not exclusively) used in point-of-sale applications such as ATM receipts, credit card receipts, gas pump receipts, and retail store receipts. The merchandise subject to these investigations may be classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 4811.90.8040 and 4811.90.9090. 5 Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations are dispositive. 1 LWTP is typically produced in jumbo rolls that are slit to the specifications of the converting equipment and then converted into finished slit rolls. Both jumbo rolls and converted rolls (as well as LWTP in any other forms, presentations, or dimensions) are covered by the scope of these investigations. 2 A base coat, when applied, is typically made of clay and/or latex and like materials and is intended to cover the rough surface of the paper substrate and to provide insulating value. 3 A thermal active coating is typically made of sensitizer, dye, and co-reactant. 4 A top coat, when applied, is typically made of polyvinyl acetone, polyvinyl alcohol, and/or like materials and is intended to provide environmental protection, an improved surface for press printing, and/or wear protection for the thermal print head. 5 HTSUS subheading 4811.90.8000 was a classification used for LWTP until January 1, 2007. Effective that date, subheading 4811.90.8000 was replaced with 4811.90.8020 (for gift wrap, a non-subject product) and 4811.90.8040 (for “other,” including LWTP). HTSUS subheading 4811.90.9000 was a classification for LWTP until July 1, 2005. Effective that date, subheading 4811.90.9000 was replaced with 4811.90.9010 (for tissue paper, a non-subject product) and 4811.90.9090 (for “other,” including LWTP). Petitioner indicated that, from time to time, LWTP also may have been entered under HTSUS subheading 3703.90, HTSUS heading 4805, and perhaps other subheadings of the HTSUS. Comments on Scope of Investigations We are setting aside a period for interested parties to raise issues regarding product coverage. *See* , *e.g.* , *Antidumping Duties; Countervailing Duties; Final Rule* , 62 FR 27296, 27323 (May 19, 1997). The Department encourages all interested parties to submit such comments within 20 calendar days of signature of this notice. Comments should be addressed to Import Administration's Central Records Unit (CRU), Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed by or on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for:

(i)at least 25 percent of the total production of the domestic like product; and

(ii)more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall:

(i)poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A), or

(ii)determine industry support using a statistically valid sampling method. Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product (section 771(10) of the Act), they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law. *See* USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001), citing Algoma Steel Corp. Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989), cert. denied 492 U.S. 919 (1989). Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation,” ( *i.e.* , the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of domestic like product distinct from the scope of the investigations. Based on our analysis of the information submitted on the record, we have determined that lightweight thermal paper, both jumbo rolls and converted slit rolls, constitute a single domestic like product, which is defined further in the “Scope of the Investigations” section above, and we have analyzed industry support in terms of that domestic like product. For a discussion of the domestic like product analysis in this case, see the Antidumping Duty Investigation Initiation Checklist: Lightweight Thermal Paper from Germany (Germany Initiation Checklist) at Attachment II, Antidumping Duty Investigation Initiation Checklist: Lightweight Thermal Paper from Korea (Korea Initiation Checklist) at Attachment II, and the Antidumping Duty Investigation Initiation Checklist: Lightweight Thermal Paper from the People's Republic of China (PRC Initiation Checklist) at Attachment II, on file in the CRU, Room B-099 of the main Department of Commerce building. On October 9, 2007, the Department extended the initiation deadline by 20 days to poll the domestic industry in accordance with section 702(c)(4)D) of the Act, because it was “not clear from the petitions whether the industry support criteria have been met...” *See Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping Duty Petitions: Lightweight Thermal Paper from Germany, the Republic of Korea, and the People's Republic of China; and the Countervailing Duty Petition: Lightweight Thermal Paper from the People's Republic of China* , 72 FR 58639 (October 16, 2007). On October 12 and 15, 2007, we issued polling questionnaires to all known producers of jumbo rolls and converted slit rolls of lightweight thermal paper identified in the petitions, submissions from other interested parties, and by the ITC. The questionnaires are on file in the CRU in room B-099 of the main Department of Commerce building. We requested that each company complete the polling questionnaire and certify their responses by faxing their responses to the Department by the due date. For a detailed discussion of the responses received see the Germany Initiation Checklist, Korea Initiation Checklist, and PRC Initiation Checklist (collectively, “Initiation Checklists”) at Attachment II. Our analysis of the data indicates that the domestic producers of lightweight thermal paper who support the petitions account for at least 25 percent of the total production of the domestic like product and more than 50 percent of the production (by quantity and U.S. dollar sales value) of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petitions. *See* Initiation Checklists at Attachment II. Accordingly, the Department determines that the industry support requirements of section 732(c)(4)(A) of the Act have been met. Therefore, the Department determines that the petitioner filed these petitions on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the antidumping investigations that it is requesting the Department initiate. *See* Initiation Checklists at Attachment II. Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the individual and cumulated imports of the subject merchandise sold at less than normal value (NV). The petitioner contends that the industry's injured condition is illustrated by reduced market share, increased inventories, lost sales, reduced production, reduced capacity and capacity utilization rate, reduced shipments, underselling and price depression or suppression, lost revenue, and a decline in financial performance. We have assessed the allegations and supporting evidence regarding material injury and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation. *See* Initiation Checklists at Attachment III (Injury). Allegations of Sales at Less Than Fair Value The following is a description of the allegations of sales at less than fair value upon which the Department based its decision to initiate these investigations on imports of LWTP from Germany, Korea, and the PRC. The sources of data for the deductions and adjustments relating to the U.S. price as well as NV for Germany and Korea are discussed in greater detail in the Initiation Checklists. We corrected certain information in the petitioner's margin calculations for the PRC. The corrections are provided in detail in the PRC Initiation Checklist. Should the need arise to use any of this information as facts available under section 776 of the Act in our preliminary or final determinations, we will re-examine the information and revise the margin calculations, if appropriate. Alleged U.S. Price and Normal Value: Germany The petitioner calculated export price

(EP)using information from Koehler and Mitsubishi Hi-Tec, two manufacturers of LWTP in Germany. The price data are based on the same products used as the basis for the cost model, as well as the basis for NV. The petitioner's calculation of EP starts with the gross price. The petitioner then calculated net price by deducting the amount for U.S. inland freight, ocean freight and insurance to arrive at an ex-factory price. *See* Petition Volume III at 9 and Exhibits 12, 13, 14, and 15. The petitioner did not deduct foreign inland freight because the manufacturer's plants are located near waterways in Germany. However, the petitioner estimated U.S. inland freight charges by using freight charges from the most likely port of entry to the respective delivery points. *See* Petition, Volume III at Exhibit 15. Normal Value: Germany The petitioner was able to determine domestic German prices for LWTP by obtaining pricing data for Mitsubishi Hitec, through a market researcher. *See* memorandum entitled, “Telephone Call to Market Research Firm Regarding the Antidumping Petition on Lightweight Thermal Paper

(LWTP)from Germany,” dated October 5, 2007. The petitioner deducted freight and other appropriate items from the gross price to obtain the NV. *See* Germany Petition, Volume III at page 2 and Exhibits 2-4. The petitioner then converted the Euro per metric ton

(MT)amount to U.S. dollar per MT amount by applying the POI exchange rate. Cost of Production: Germany The petitioner has provided information demonstrating reasonable grounds to believe or suspect that sales of thermal paper in the home market were made at prices below the fully absorbed COP, within the meaning of section 773(b) of the Act, and requested that the Department conduct a sales-below-cost investigation. Pursuant to section 773(b)(3) of the Act, COP consists of the cost of manufacturing (COM); selling, general and administrative (SG&A) expenses; financial expenses; and packing expenses. The petitioner calculated COM and packing expenses using input quantities based on the production experience of a U.S. LWTP manufacturer during the POI, multiplied by the costs incurred to manufacture LWTP in Germany using publicly available data. To calculate average factory overhead, SG&A and financial expense rates, petitioner relied on the 2006 financial statements of Koehler Holding GmbH & Co., KG. Based upon a comparison of the prices of the foreign-like product in the home market to the calculated COP of the product, we find reasonable grounds to believe or suspect that sales of the foreign like product were made below the COP, within the meaning of section 773(b)(2)(A)(i) of the Act. Accordingly, the Department is initiating a country-wide cost investigation. If we determine during the course of the investigation that the home market ( *i.e.* , Germany) is not viable, our initiation of a country-wide cost investigation with respect to sales in Germany will be rendered moot. *See* Germany Initiation Checklist. Normal Value Based on Constructed Value: Germany Pursuant to sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioner calculated NV based on constructed value (CV). The petitioner calculated CV using the same average COM, SG&A, financial and packing figures used to compute the COP. The petitioner then added profit based on the profit rate calculated based on the 2006 financial statements of Koehler Holding GmbH & Co., KG. *See* Germany Initiation Checklist. Alleged U.S. Price and Normal Value: Korea The petitioner calculated export price using pricing data in the United States provided by a Korean manufacturer of the subject merchandise. The petitioner adjusted U.S. prices for international freight and insurance and U.S. inland freight. *See* Petition, Volume IV at pages 8-9. Normal Value: Korea The petitioner was able to determine domestic Korean prices for lightweight thermal paper by obtaining pricing data, through an economic consultant, from a Korean manufacturer of lightweight thermal paper. *See* Memorandum entitled, “Telephone Call to Market Research Firm Regarding the Antidumping Petition on Lightweight Thermal Paper from Korea,” dated October 1, 2007. The pricing data did not identify specific sales and payment terms associated with it. The petitioner claims that a Korean manufacturer made it known to an economic consultant that, with one exception, all pricing data are on a delivered basis. The petitioner did not make an adjustment to home-market price for foreign inland freight because it did not make a similar adjustment to U.S. price. *See* Petition, Volume IV at pages 2-3. Cost of Production: Korea The petitioner has provided information demonstrating reasonable grounds to believe or suspect that sales of thermal paper in the home market were made at prices below the fully absorbed COP, within the meaning of section 773(b) of the Act, and requested that the Department conduct a sales-below-cost investigation. Pursuant to section 773(b)(3) of the Act, COP consists of the COM, SG&A expenses, financial expenses, and packing expenses. The petitioner calculated COM and packing expenses using input quantities based on the production experience of a U.S. LWTP producer during the POI, multiplied by the costs incurred to manufacture LWTP in Korea using publicly available data. To calculate average factory overhead, SG&A, and financial expense rates, the petitioner relied on the most current financial statements of Hansol, a thermal paper producer in Korea. Based upon a comparison of the prices of the foreign-like product in the home market to the calculated COP of the product, we find reasonable grounds to believe or suspect that sales of the foreign like product were made below the COP, within the meaning of section 773(b)(2)(A)(I) of the Act. Accordingly, the Department is initiating a country-wide cost investigation. *See Korea Initiation Checklist* . Normal Value Based on Constructed Value: Korea Pursuant to sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioner calculated NV based on CV. The petitioner calculated CV using the same average COM, SG&A, financial and packing figures used to compute the COP. The petitioner did not include profit because Hansol incurred a loss during 2006. *See Korea Initiation Checklist* . Alleged U.S. Price and Normal Value: The People's Republic of China The petitioner calculated EP based upon an affidavit describing an actual offer for sale to the U.S. market of converted jumbo rolls from Shanghai Hanhong Paper Co., Ltd. (Hanhong), a non-integrated converter of jumbo rolls in the PRC. The petitioner then demonstrated, using Port Import Export Reporting Service (PIERS) data, that the overwhelming percentage of the imports of subject LWTP into the United States from the PRC were made by Hanhong. The petitioner notes that while approximately half of all shipments reported in the PIERS data set do not identify the producer or exporter of the merchandise, of the data set observations that do identify the exporters, almost 97 percent of such shipments were made by Hanhong. *See* Petition, Volume II at pages 4 and 8 and Exhibits 3, 10 and 11. *See also* Supplement to the Petition at page 3 and Exhibit 3. The petitioner adjusted the U.S. price to account for foreign brokerage and handling charges on a free on board

(FOB)basis. The Department valued brokerage and handling charges using two sources:

(1)data from the January 9, 2006, public version of the Section C questionnaire response from Kejriwal Paper Ltd. (Kejriwal); 6 and

(2)data from Agro Dutch Industries Ltd. for the period of review February 1, 2004, through January 31, 2005 ( *see Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review* , 70 FR 37757 (June 30, 2005). The Department used a simple average of the data adjusted for inflation. *See* PRC Initiation Checklist. The petitioner did not adjust export price for foreign inland freight charges because it could not determine the distance between Hanhong's mill and the port of exit delivery location. See PRC AD Petition at page 8 and Exhibits II-11 and 12. 6 Kejriwal was a respondent in the certain lined paper products from India investigation for which the period of investigation was July 1, 2004, to June 30, 2005. *See Notice of Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Affirmative Preliminary Determination of Critical Circumstances in Part: Certain Lined Paper Products From India* , 71 FR 19706 (April 17, 2006) (unchanged in final determination. Because the Department considers the PRC to be a non-market economy

(NME)country, the petitioner constructed NV based on the factors-of-production methodology pursuant to section 773(c) of the Act. Recently, the Department examined the PRC's market status and determined that NME status should continue for the PRC. *See* Memorandum from the Office of Policy to David M. Spooner, Assistant Secretary for Import Administration, Regarding the People's Republic of China Status as a Non-Market Economy, dated August 30, 2006. This document is available on-line at: <http://ia.ita.doc.gov/download/prc-nme-status/prc-lined-paper-memo-08302006.pdf>. In addition, in two recent investigations, the Department also determined that the PRC is an NME country. *See Final Determination of Sales at Less Than Fair Value: Certain Activated Carbon from the People's Republic of China* , 72 FR 9508 (March 2, 2007), and *Final Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People's Republic of China* , 72 FR 19690 (April 19, 2007). In accordance with section 771(18)(C)(i) of the Act, the NME status remains in effect until revoked by the Department. The presumption of the NME status of the PRC has not been revoked by the Department and, therefore, remains in effect for purposes of the initiation of this investigation. Accordingly, the NV of the product is based appropriately on factors of production valued in a surrogate market economy country in accordance with section 773(c) of the Act. During the course of this investigation, all parties will have the opportunity to provide relevant information related to the issues of the PRC's NME status and the granting of separate rates to individual exporters. The petitioner asserts that India is the most appropriate surrogate country for the PRC because India is a significant producer of comparable merchandise and at a level of economic development comparable to the PRC. *See* Petition, Volume II at page 2. Based on the information provided by the petitioner, we believe that the petitioner's use of India as a surrogate country is appropriate for purposes of initiating this investigation. After the initiation of the investigation, we will solicit comments regarding surrogate-country selection. Also, pursuant to 19 CFR 351.301(c)(3)(i), interested parties will be provided an opportunity to submit publicly available information to value the factors of production within 40 calendar days after the date of publication of the preliminary determination. The petitioner provided dumping margin calculations using the Department's NME methodology as required by 19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. The petitioner bases its estimates of antidumping margins from the PRC on the CV and offers for sale to the U.S. market by Hanghong, a non-integrated converter of jumbo rolls. Therefore, the petitioner calculated NV based on a cost model specific to a non-integrated converter of subject LWTP. Specifically, the petitioner relied upon the consumption rates, for the period covering July 1, through December 31, 2006, of one of the largest non-integrated U.S. converters of subject LWTP, which the petitioner stated should be similar to the consumption rates of Hanhong. *See* Petition, Volume II at pages 4-5 and Exhibits II-3 and II-7. *See also* , Petitioner's Response to the Department's September 24, 2007 Request for Clarification of Certain Items Contained in the Petition: PRC (September 28, 2007) (Supplement to the Petition: PRC) at page 4. The petitioner stated that it did not make any adjustments to NV because no known material differences exist between the non-integrated U.S. converter's production experience and Hanhong's production experience. *See* Supplement to the Petition: PRC at pages 5-6. Thus, the petitioner has assumed, for purposes of the Petition, that Hanhong, a non-integrated converter of subject LWTP in the PRC, uses the same inputs in the same quantities as those used by one of the largest non-integrated converters of subject LWTP in the United States. With respect to the calculation of NV, pursuant to section 773(c)(4) of the Act, the petitioner valued all direct materials using Indian import data obtained from the Monthly Statistics of the Foreign Trade of India (MSFTI), as published by the Directorate General of Commercial Intelligence and Statistics of the Ministry of Commerce and Industry, Government of India and used in the World Trade Atlas (WTA), available at: <http://www.gtis.com/wta.htm>, for August 1, 2006, through January 31, 2007. Because the Department was able to obtain more contemporaneous information from the WTA for the same inputs provided by the petitioner, *i.e.* , September 1, 2006, through February 28, 2007, we used this data where applicable in the NV calculations. The petitioner converted the inputs valued in Indian rupees to U.S. dollars based on the average rupee/U.S. dollar exchange rate for the POI, as reported on the Department's website at <http://ia.ita.doc.gov/exchange/index.html>. *See* PRC AD Petition at page 6 and Exhibit II-6. The petitioner relied upon the non-integrated U.S. converter's labor usage rates for production and packing and used the Department's latest NME Wage Rate for the PRC, as reported on the Department's website at <http://ia.ita.doc.gov/wages/index.html>. *Id.* The petitioner did not include energy and other utility cost inputs in its calculated NV because the non-integrated U.S. converter did not allocate any energy costs to the specific product level. *Id.* at pages 5-6 and Exhibits II-6 and 7. In regard to the NV calculations, the petitioner derived the figures for factory overhead (FOH), SG&A, and profit for the fiscal year ending March 31, 2006, from the financial statements of Parag Copigraph Pvt. Ltd. (Parag), a non-integrated Indian converter of subject LWTP. *See* PRC AD Petition at page 7 and Exhibits II-6 and PRC AD Supplemental Response at pages 6-7 and Exhibit 2. We did not make any other adjustment to the NV, as calculated by the petitioner. *See* PRC Initiation Checklist for further details on these calculations and the adjustments the Department made to these calculations. Fair-Value Comparisons Based on the data provided by petitioners, there is reason to believe that imports of LWTP from Germany, Korea, and the PRC are being, or are likely to be, sold in the United States at less than fair value. Based on comparisons of export price to NV that we revised with respect to the PRC, as discussed above, and calculated in accordance with section 773(c) of the Act, these are the estimated dumping margins for LWTP: 1) the estimated dumping margin for Germany based on a price-to-price comparison is 29.79 percent; the estimated dumping margins for Germany based on a price-to-CV comparison range from 59.80 percent to 75.36 percent; 2) the estimated dumping margin for Korea based on a price-to-price comparison is 40.30 percent; the estimated dumping margin for Korea based on a price-to-CV comparison is 65.63 percent; and 3) the estimated dumping margin for the PRC is 108.25 percent. Initiation of Antidumping Investigations Based upon the examination of the Petition on LWTP from Germany, Korea, and the PRC, we find that the Petition meet the requirements of section 732 of the Act. Therefore, we are initiating antidumping duty investigations to determine whether imports of LWTP from Germany, Korea, and the PRC are being, or are likely to be, sold in the United States at less than fair value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205((b)(1), unless postponed, we will make our preliminary determinations no later than 140 days after the date of this initiation. Separate Rates The Department modified the process by which exporters and producers may obtain separate-rate status in NME investigations. *See* Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries (April 5, 2005) (Separate Rates and Combination Rates Bulletin), available on the Department's website at <http://ia.ita.doc.gov/policy/bull05-1.pdf>. The process requires the submission of a separate-rate status application. Based on our experience in processing the separate-rate applications in the following antidumping duty investigations, we have modified the application for this investigation to make it more administrable and easier for applicants to complete. *See* , *e.g.* , *Initiation of Antidumping Duty Investigation: Certain New Pneumatic Off-the-Road Tires from the People's Republic of China* , 72 FR 43591, 43594-95 (August 6, 2007) ( *Tires from the PRC* ). The specific requirements for submitting the separate-rate application in this investigation are outlined in detail in the application itself, which will be available on the Department's website at <http://ia.ita.doc.gov/ia highlights and news.html> on the date of publication of this initiation notice in the **Federal Register** . The separate-rate application is due no later than December 10, 2007. Respondent Selection For this investigation, the Department intends to select respondents based on CBP data for U.S. imports during the POI. We intend to make our decision regarding respondent selection within 20 days of publication of this **Federal Register** notice. The Department invites comments regarding the CBP data and respondent selection within seven calendar days of publication of this **Federal Register** notice. Use of Combination Rates in an NME Investigation The Department will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation. The “Separate Rates and Combination Rates Bulletin” at page 6 explains that, while continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME investigations will be specific to those producers that supplied the exporter during the POI. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the POI. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of “combination rates” because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the POI. Distribution of Copies of the Petition In accordance with section 732(b)(3)(A) of the Act, a copy of the public version of the Petition has been provided to representatives of the governments of Germany, Korea, and the PRC. We will attempt to provide a copy of the public version of the Petition to all exporters named in the Petition, as provided for in 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by section 732(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine no later than November 23, 2007, whether there is a reasonable indication that imports of LWTP from Germany, Korea, and the PRC are materially injuring or threatening material injury to a U.S. industry. A negative ITC determination for any country will result in the investigation being terminated with respect to that country; otherwise, these investigations will proceed according to statutory and regulatory time limits. This notice is issued and published pursuant to section 777(i) of the Act. Dated: October 29, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E7-21710 Filed 11-2-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-588-857] Continuation of Antidumping Duty Order on Certain Welded Large Diameter Line Pipe from Japan AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (“the Department”) and the International Trade Commission (“ITC”) that revocation of the antidumping duty order on certain welded large diameter line pipe (“welded large diameter pipe”) from Japan would be likely to lead to continuation or recurrence of dumping and of material injury to an industry in the United States, the Department is publishing this notice of continuation of this antidumping duty order. EFFECTIVE DATE: November 5, 2007. FOR INFORMATION CONTACT: Dena Crossland or Dana Mermelstein, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone:

(202)482-3362 or

(202)482-1391, respectively. SUPPLEMENTARY INFORMATION: Background On November 1, 2006, the Department initiated and the ITC instituted sunset reviews of the antidumping duty orders on welded large diameter pipe from Japan and Mexico, pursuant to section 751(c) of the Tariff Act of 1930, as amended (“the Act”). *See Initiation of Five-year (“Sunset”) Reviews* , 71 FR 64242 (November 1, 2006). As a result of its sunset reviews, the Department found that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail were the orders to be revoked. *See Certain Welded Large Diameter Line Pipe from Japan and Mexico; Notice of Final Results of Five-year (“Sunset”) Reviews of Antidumping Duty Orders* , 72 FR 10498 (March 8, 2007). On October 16, 2007, the ITC determined that revocation of the antidumping duty order on welded large diameter pipe from Japan would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. The ITC notified the Department on October 16, 2007, and published its decision on October 22, 2007. *See Certain Welded Large Diameter Line Pipe from Japan and Mexico* , 72 FR 59551 (October 22, 2007), and ITC Publication 3953 (October 2007), entitled Certain Welded Large Diameter Line Pipe from Japan and Mexico: Investigation Nos. 731-TA-919 and 920 (Review). Scope of the Order The product covered by this antidumping duty order is certain welded carbon and alloy line pipe, of circular cross section and with an outside diameter greater than 16 inches, but less than 64 inches, in diameter, whether or not stencilled. This product is normally produced according to American Petroleum Institute (“API”) specifications, including Grades A25, A, B, and X grades ranging from X42 to X80, but can also be produced to other specifications. Specifically not included within the scope of this investigation is American Water Works Association (“AWWA”) specification water and sewage pipe and the following size/grade combinations; of line pipe: - Having an outside diameter greater than or equal to 18 inches and less than or equal to 22 inches, with a wall thickness measuring 0.750 inch or greater, regardless of grade. - Having an outside diameter greater than or equal to 24 inches and less than 30 inches, with wall thickness measuring greater than 0.875 inches in grades A, B, and X42, with wall thickness measuring greater than 0.750 inches in grades X52 through X56, and with wall thickness measuring greater than 0.688 inches in grades X60 or greater. - Having an outside diameter greater than or equal to 30 inches and less than 36 inches, with wall thickness measuring greater than 1.250 inches in grades A, B, and X42, with wall thickness measuring greater than 1.000 inches in grades X52 through X56, and with wall thickness measuring greater than 0.875 inches in grades X60 or greater. - Having an outside diameter greater than or equal to 36 inches and less than 42 inches, with wall thickness measuring greater than 1.375 inches in grades A, B, and X42, with wall thickness measuring greater than 1.250 inches in grades X52 through X56, and with wall thickness measuring greater than 1.125 inches in grades X60 or greater. - Having an outside diameter greater than or equal to 42 inches and less than 64 inches, with a wall thickness measuring greater than 1.500 inches in grades A, B, and X42, with wall thickness measuring greater than 1.375 inches in grades X52 through X56, and with wall thickness measuring greater than 1.250 inches in grades X60 or greater. - Having an outside diameter equal to 48 inches, with a wall thickness measuring 1.0 inch or greater, in grades X80 or greater. - In API grades X80 or above, having an outside diameter of 48 inches to and including 52 inches, and with a wall thickness of 0.90 inch or more. - In API grades X100 or above, having an outside diameter of 48 inches to and including 52 inches, and with a wall thickness of 0.54 inch or more. - An API grade X80 having an outside diameter of 21 inches and wall thickness of 0.625 inch or more. The product currently is classified under U.S. Harmonized Tariff Schedule (“HTSUS”) item numbers 7305.11.10.30, 7305.11.10.60, 7305.11.50.00, 7305.12.10.30, 7305.12.10.60, 7305.12.50.00, 7305.19.10.30. 7305.19.10.60, and 7305.19.50.00. Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope is dispositive. Continuation of Antidumping Duty Order As a result of the determinations by the Department and the ITC that revocation of this antidumping duty order would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on welded large diameter pipe from Japan. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of this order will be the date of publication in the **Federal Register** of this Notice of Continuation. Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate the next five-year review of this order not later than October 2012. This notice also serves as the only reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. This five-year (sunset) review and notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: October 29, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E7-21696 Filed 11-2-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-201-828] Revocation Pursuant to Five-year (“Sunset”) Review of Antidumping Duty Order: Certain Welded Large Diameter Line Pipe from Mexico AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determination by the International Trade Commission (“ITC”) that revocation of the antidumping duty order on certain welded large diameter line pipe (“welded large diameter pipe”) from Mexico would not be likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, the Department of Commerce (“the Department”) is publishing this notice of revocation of this antidumping duty order pursuant to section 751(d)(2) of the Tariff Act of 1930, as amended (“the Act”). EFFECTIVE DATE: February 27, 2007 FOR INFORMATION CONTACT: Dena Crossland or Dana Mermelstein, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone:

(202)482-3362 or

(API)specifications, including Grades A25, A, B, and X grades ranging from X42 to X80, but can also be produced to other specifications. Specifically not included within the scope of this investigation is American Water Works Association (“AWWA”) specification water and sewage pipe, and the following size/grade combinations of line pipe: - Having an outside diameter greater than or equal to 18 inches and less than or equal to 22 inches, with a wall thickness measuring 0.750 inch or greater, regardless of grade. - Having an outside diameter greater than or equal to 24 inches and less than 30 inches, with wall thickness measuring greater than 0.875 inches in grades A, B, and X42, with wall thickness measuring greater than 0.750 inches in grades X52 through X56, and with wall thickness measuring greater than 0.688 inches in grades X60 or greater. - Having an outside diameter greater than or equal to 30 inches and less than 36 inches, with wall thickness measuring greater than 1.250 inches in grades A, B, and X42, with wall thickness measuring greater than 1.000 inches in grades X52 through X56, and with wall thickness measuring greater than 0.875 inches in grades X60 or greater. - Having an outside diameter greater than or equal to 36 inches and less than 42 inches, with wall thickness measuring greater than 1.375 inches in grades A, B, and X42, with wall thickness measuring greater than 1.250 inches in grades X52 through X56, and with wall thickness measuring greater than 1.125 inches in grades X60 or greater. - Having an outside diameter greater than or equal to 42 inches and less than 64 inches, with a wall thickness measuring greater than 1.500 inches in grades A, B, and X42, with wall thickness measuring greater than 1.375 inches in grades X52 through X56, and with wall thickness measuring greater than 1.250 inches in grades X60 or greater. - Having an outside diameter equal to 48 inches, with a wall thickness measuring 1.0 inch or greater, in grades X-80 or greater. The product currently is classified under U.S. Harmonized Tariff Schedule (“HTSUS”) item numbers 7305.11.10.30, 7305.11.10.60, 7305.11.50.00, 7305.12.10.30, 7305.12.10.60, 7305.12.50.00, 7305.19.10.30, 7305.19.10.60, and 7305.19.50.00. Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope is dispositive. Revocation of Antidumping Duty Order As a result of the determination by the ITC that revocation of this antidumping duty order is not likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, the Department is revoking the antidumping duty order on welded large diameter pipe from Mexico, pursuant to sections 751(c) and 751(d) of the Act. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is February 27, 2007 ( *i.e.* , the fifth anniversary of the date of publication in the **Federal Register** of the notice of the antidumping duty order). The Department will notify U.S. Customs and Border Protection to discontinue suspension of liquidation and collection of cash deposits on entries of the subject merchandise entered or withdrawn from warehouse on or after February 27, 2007, the effective date of revocation of the antidumping duty order. The Department will complete any pending administrative reviews of this order and will conduct reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. This notice also serves as the only reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. This revocation pursuant to five-year (sunset) review and notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: October 29, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E7-21712 Filed 11-2-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [C-475-819] Certain Pasta from Italy: Notice of Partial Rescission of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce SUMMARY: In response to a request made on July 31, 2007, by Valdigrano Di Flavio Pagani SrL (“Valdigrano”), the Department of Commerce initiated an administrative review of the countervailing duty order on certain pasta from Italy covering the period January 1, 2006, through December 31, 2006. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 48613 (August 24, 2007). As a result of a timely withdrawal of the request for review by Valdigrano, we are rescinding this review, in part. EFFECTIVE DATE: November 5, 2007. FOR FURTHER INFORMATION CONTACT: Audrey Twyman or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202)482-3534 and

(202)482-0182, respectively. SUPPLEMENTARY INFORMATION: Background On July 24, 1996, the Department of Commerce (“the Department”) published a countervailing duty order on certain pasta from Italy. *See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta (“Pasta”) From Italy* , 61 FR 38543 (July 24, 1996). On July 31, 2007, Valdigrano requested an administrative review of the countervailing duty order on certain pasta from Italy covering the period January 1, 2006, through December 31, 2006. In accordance with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of the review on August 24, 2007. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 48613 (August 24, 2007). On October 16, 2007, Valdigrano withdrew its request for review. No other party requested a review for Valdigrano. Scope of the Countervailing Duty Order Imports covered by the order are shipments of certain non-egg dry pasta in packages of five pounds four ounces or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastasis, vitamins, coloring and flavorings, and up to two percent egg white. The pasta covered by this scope is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions. Excluded from the scope of the order are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white. Also excluded are imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by the Instituto Mediterraneo Di Certificazione, Bioagricoop S.r.l., QC&I International Services, Ecocert Italia, Consorzio per il Controllo dei Prodotti Biologici, Associazione Italiana per l'Agricoltura Biologica, or Codex S.r.l. In addition, based on publicly available information, the Department has determined that, as of August 4, 2004, imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by Bioagricert S.r.l. are also excluded from this order. *See* Memorandum from Eric B. Greynolds to Melissa G. Skinner, dated August 4, 2004, which is on file in the Department's Central Records Unit (“CRU”) in Room B-099 of the main Department building. In addition, based on publicly available information, the Department has determined that, as of March 13, 2003, imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by Instituto per la Certificazione Etica e Ambientale

(ICEA)are also excluded from this order. *See* Memorandum from Audrey Twyman to Susan Kuhbach, dated February 28, 2006, entitled “Recognition of Instituto per la Certificazione Etica e Ambientale

(ICEA)as a Public Authority for Certifying Organic Pasta from Italy” which is on file in the Department's Central Records Unit (“CRU”) in Room B-099 of the main Department building. The merchandise subject to review is currently classifiable under items 1901.90.90.95 and 1902.19.20 of the *Harmonized Tariff Schedule of the United States (“HTSUS”)* . Although the *HTSUS* subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive. Scope Rulings The Department has issued the following scope rulings to date:

(1)On August 25, 1997, the Department issued a scope ruling that multicolored pasta, imported in kitchen display bottles of decorative glass that are sealed with cork or paraffin and bound with raffia, is excluded from the scope of the antidumping and countervailing duty orders. *See* Memorandum from Edward Easton to Richard Moreland, dated August 25, 1997, which is on file in the CRU.

(2)On July 30, 1998, the Department issued a scope ruling finding that multipacks consisting of six one-pound packages of pasta that are shrink-wrapped into a single package are within the scope of the antidumping and countervailing duty orders. *See* Letter from Susan H. Kuhbach to Barbara P. Sidari, dated July 30, 1998, which is available in the CRU.

(3)On October 26, 1998, the Department self-initiated a scope inquiry to determine whether a package weighing over five pounds as a result of allowable industry tolerances is within the scope of the antidumping and countervailing duty orders. On May 24, 1999, we issued a final scope ruling finding that, effective October 26, 1998, pasta in packages weighing or labeled up to (and including) five pounds four ounces is within the scope of the antidumping and countervailing duty orders. *See* Memorandum from John Brinkmann to Richard Moreland, dated May 24, 1999, which is available in the CRU.

(4)On April 27, 2000, the Department self-initiated an anti-circumvention inquiry to determine whether Pastificio Fratelli Pagani S.p.A.'s importation of pasta in bulk and subsequent repackaging in the United States into packages of five pounds or less constitutes circumvention with respect to the antidumping and countervailing duty orders on pasta from Italy pursuant to section 781(a) of the Act and 19 CFR 351.225(b). *See Certain Pasta from Italy: Notice of Initiation of Anti-Circumvention Inquiry of the Antidumping and Countervailing Duty Orders* , 65 FR 26179 (May 5, 2000). On September 19, 2003, we published an affirmative finding of the anti-circumvention inquiry. *See Anti-Circumvention Inquiry of the Antidumping and Countervailing Duty Orders on Certain Pasta from Italy: Affirmative Final Determinations of Circumvention of Antidumping and Countervailing Duty Orders* , 68 FR 54888 (September 19, 2003). Rescission of Review The Department's regulations at 19 CFR 351.213(d)(1) provide that the Department will rescind an administrative review, in part, if a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. Valdigrano withdrew its request for an administrative review on October 16, 2007, which is within the 90-day deadline, and no other party requested a review with respect to this company. Therefore, the Department is rescinding this administrative review with regard to Valdigrano. This notice is issued and published in accordance with section 771(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: October 26, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-21716 Filed 11-2-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 5, 2007. SUMMARY: The Department of Commerce (“Department”) hereby publishes a list of scope rulings completed between July 1, 2007, and September 30, 2007. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of September 30, 2007. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Juanita H. Chen, AD/CVD Operations, SEC Office, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone: 202-482-1904. SUPPLEMENTARY INFORMATION: Background The Department's regulations provide that the Secretary will publish in the **Federal Register** a list of scope rulings on a quarterly basis. *See* 19 C.F.R. 351.225(o). Our most recent notification of scope rulings was published on August 3, 2007. *See Notice of Scope Rulings* , 72 FR 43245 (August 3, 2007). This current notice covers all scope rulings and anticircumvention determinations completed by Import Administration between July 1, 2007, and September 30, 2007, inclusive, and it also lists any scope or anticircumvention inquiries pending as of September 30, 2007. As described below, subsequent lists will follow after the close of each calendar quarter. Scope Rulings Completed Between July 1, 2007, and September 30, 2007: Japan A-588-702: Stainless Steel Butt-Weld Pipe Fittings from Japan Requestor: Kuze Bellows Kogyosho Co., Ltd.; certain “Kuze Clean Fittings” with actual wall thicknesses above 3.4925 mm are included within the scope of the antidumping order; certain “Kuze Clean Fittings” with actual wall thicknesses at or below 3.4925 mm are not within the scope of the antidumping order; July 26, 2007. A-588-804: Ball Bearings and Parts Thereof from Japan Requestor: Toyota Tsusho America Inc.; its steel balls used in automobile vents are not within the scope of the antidumping order; August 29, 2007. People's Republic of China A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: Wedding Brand Investors LLC; white or ivory pillars and tapers are within the scope of the antidumping duty order; September 24, 2007. A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: Enchante Accessories, Inc.; its palm oil wax candle is within the scope of the antidumping duty order; September 27, 2007. A-570-901: Lined Paper Products from the People's Republic of China Requestor: Bond Street Ltd.; padfolios containing one writing tablet (or pad of paper) with a cover are not within the scope of the antidumping duty order; July 16, 2007. A-570-904: Activated Carbon from the People's Republic of China Requestor: Cherishment, Inc.; carbon activated by the hydro-thermal catalytic chemical activation process protected by U.S. Patent No. 6,858,192 (“192 patent HTCC product”) is within the scope of the antidumping duty order; July 26, 2007. Anticircumvention Determinations Completed Between July 1, 2007, and September 30, 2007: None. Scope Inquiries Terminated Between July 1, 2007, and September 30, 2007: None. Anticircumvention Inquiries Terminated Between July 1, 2007, and September 30, 2007: None. Scope Inquiries Pending as of September 30, 2007: Italy A-475-703: Granular Polytetrafluoroethylene Resin from Italy Requestor: Petitioner, E.I. DuPont de Nemours & Company; whether imports of Polymist[reg] feedstock produced by the respondent Solvay Solexis, Inc. and Solvay Solexis S.p.A are within the scope of the antidumping duty order; requested August 18, 2006; initiated October 2, 2006; preliminary ruling July 2, 2007. People's Republic of China A-570-502: Iron Construction Castings from the People's Republic of China Requestor: A.Y. McDonald Mfg. Co.; whether cast iron lids and bases independently sourced from the PRC for its “Arch Pattern” and “Minneapolis Pattern” curb boxes are included within the scope of the antidumping duty order; requested April 2, 2007. A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: Lamplight Farms, Inc.; whether its Tiki Mosquito Candle is included within the scope of the antidumping duty order; requested August 6, 2007. A-570-803: Heavy Forged Hand Tools, With or Without Handles from the People's Republic of China Requestor: Fiskars Brands, Inc.; whether a stamped machete, gator machete, and brush axe are included within the scope of the antidumping duty order; requested June 26, 2007. A-570-827: Cased Pencils from the People's Republic of China Requestor: Walgreen Co.; whether the “Artskills TM Draw & Sketch Kit” is included within the scope of the antidumping duty order; requested May 25, 2007. A-570-827: Cased Pencils from the People's Republic of China Requestor: Walgreen Co.; whether the “Artskills TM Stencil Kit” is included within the scope of the antidumping duty order; requested May 25, 2007. A-570-827: Cased Pencils from the People's Republic of China Requestor: The Smencil Company; whether its not yet scent applied newspaper pencils are included within the scope of the antidumping duty order; requested July 5, 2007. A-570-848: Freshwater Crawfish Tailmeat from the People's Republic of China Requestor: Maritime Products International; whether breaded crawfish tailmeat is included within the scope of the antidumping duty order; requested November 8, 2006; initiated December 18, 2006. A-570-864: Pure Magnesium in Granular Form from the People's Republic of China Requestor: ESM Group Inc.; whether atomized ingots are included within the scope of the antidumping duty order; original scope ruling rescinded and vacated April 18, 2007 1 ; initiated April 18, 2007. 1 *See* “Scope Inquiries Terminated Between April 1, 2007 and June 30, 2007” section, above. A-570-866: Folding Gift Boxes from the People's Republic of China Requestor: Footstar; whether certain boxes for business cards and forms are included within the scope of the antidumping duty order; requested April 26, 2007. A-570-866: Folding Gift Boxes from the People's Republic of China Requestor: Hallmark Cards, Inc.; whether its “FunZip” gift presentation is included within the scope of the antidumping duty order; requested June 1, 2007. A-570-868: Folding Metal Tables and Chairs from the People's Republic of China Requestor: International E-Z Up, Inc.; whether its Instant Work Bench is included within the scope of the antidumping duty order; requested April 6, 2007. A-570-875: Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China Requestor: Taco Inc.; whether black cast iron flange, green ductile iron flange and cast iron “Twin Tee” are included within the scope of the antidumping duty order; requested September 6, 2007. A-570-882: Refined Brown Aluminum Oxide from the People's Republic of China Requestor: 3M Company; whether certain semi-friable and heat-treated, specialty aluminum oxides are within the scope of the antidumping duty order; requested September 19, 2006; initiated January 17, 2007. A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China Requestor: Asia Dynamics, Inc.; whether certain hospital patient belongings bags (model nos. 304211, 304311, 304411, 304611, 304711, 304811, 40219, 40229) are included within the scope of the antidumping duty order; requested May 23, 2007. A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China Requestor: DMS Holdings, Inc.; whether certain MABIS Healthcare hospital bags (biohazard disposal bag nos. 75-860-010, 75-860-080, 75-864-080; isolation bag no. 75-850-000; patient set-up bag nos. 75-833-000, 75-842-000, 75-970-550, 75-973-550, 75-979-550; personal belongings bag nos. 75-010-850, 75-011-850, 75-013-850, 75-014-850, 75-019-850, 75-032-850, 75-033-850, 75-036-850, 75-037-850, 75-038-850, 75-046-850, 75-047-850, 75-075-850, 75-105-850, 75-109-850, 75-110-850, 75-111-850, 75-117-850, 75-118-850, 75-120-850, 75-834-000, 75-838-000, 75-839-000, 75-844-000, 75-845-000, 75-847-000; kit packing bag nos.75-801-000, 75-802-000, 75-803-000, 75-804-000, 75-862-000, 75-863-000, 75-865-000) are included within the scope of the antidumping duty order; requested June 8, 2007. A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China Requestor: Medline Industries, Inc.; whether certain hospital patient belongings bags and surgical kit bags (drawstring bags model nos. DS500C, DS400C, DONDS600, 38667, 7510, 42818, 25117, 28614, 42817; rigid handle bag model no. 26900) are included within the scope of the antidumping duty order; requested June 18, 2007. A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China Requestor: Majestic International; whether certain polyethylene gift bags (UPC codes starting with 8-51603- and ending with: 00002-3, 00004-7, 00140-2, 00141-9, 00142-6, 00041-2, 00040-5, 00052-8, 00059-7, 00066-5, 00068-9, 00071-9, 00072-6, 00075-7, 00076-4, 00092-4, 00093-1, 00094-8, 00098-6, 00131-0, 00132-7, 00133-4, 00144-0, 00145-7, 00152-5, 00153-2, 00155-6, 00156-3, 00160-0, 00163-1, 00165-5, 00166-2, 00175-4, 00176-1, 00181-5, 00183-9, 00226-3, 00230-0, 00231-7, 00246-1, 00251-5, 00252-2, 00253-9, 00254-6, 00255-3, 00256-0, 00257-7, 00259-1, 00260-7, 00262-1, 00263-8, 00300-0, 00301-7, 00302-4, 00303-1, 00305-5, 00306-2, 00307-9, 00308-6, 00309-3, 00350-5, 00351-2, 00352-9, 00353-6, 00354-3, 00355-0, 00356-7, 00357-4, 00358-1) are included within the scope of the antidumping duty order; requested June 2, 2007. A-570-890: Wooden Bedroom Furniture from the People's Republic of China Requestor: AP Industries; whether convertible cribs (model nos. 1000-0100; 1000-0125; 1000-0160; 1000-1195/2195; 1000-2145; and 1000-2165) are included within the scope of the antidumping duty order; requested June 26, 2007. A-570-890: Wooden Bedroom Furniture from the People's Republic of China Requestor: Dutailier Group, Inc.; whether its convertible cribs (infant crib to toddler bed; model numbers 1230C8, 3500C8, 5400C8, 5500C8, and 6200C8) are included within the scope of the antidumping duty order; requested September 21, 2007. A-570-890: Wooden Bedroom Furniture from the People's Republic of China Requestor: Armel Enterprises, Inc.; whether certain children's playroom and accent furniture are included within the scope of the antidumping duty order; requested September 24, 2007. A-570-891: Hand Trucks from the People's Republic of China Requestor: Northern Tool & Equipment Co.; whether a high-axle torch cart (item #164771) is included within the scope of the antidumping duty order; requested March 27, 2007. A-570-891: Hand Trucks from the People's Republic of China Requestor: WelCom Products, Inc.; whether its “miniature” Magna Cart is included within the scope of the antidumping duty order; requested August 20, 2007. A-570-898: Chlorinated Isocyanurates from the People's Republic of China Requestor: BioLab, Inc.; whether chlorinated isocyanurates originating in the People's Republic of China, that are packaged, tableted, blended with additives, or otherwise further processed in Canada before entering the U.S., are included within the scope of the antidumping duty order; requested November 22, 2006; initiated March 9, 2007. A-570-898: Chlorinated Isocyanurates from the People's Republic of China Requestor: BioLab, Inc.; whether chlorinated isocyanurates originating in the People's Republic of China, that are packaged, tableted, blended with additives, or otherwise further processed in Vietnam before entering the U.S., are included within the scope of the antidumping duty order; requested August 15, 2007. A-570-899: Artist Canvas from the People's Republic of China Requestor: Tara Materials, Inc.; whether artist canvas purchased in the U.S. that has been woven, primed with gesso, and cut to size in the U.S. and shipped to the PRC for assembling ( *i.e.* , wrapping and stapling to the wooden frame) and returned to the U.S. are included within the scope of the antidumping duty order; requested July 23, 2007. A-570-901: Lined Paper Products from the People's Republic of China Requestor: Lakeshore Learning Materials; whether certain printed educational materials, product numbers RR973 and RR974 (Reader's Book Log); GG185 and GG186 (Reader's Response Notebook); GG181 and GG182 (The Writer's Notebook); RR673 and RR674 (My Word Journal); AA185 and AA186 (Mi Diario de Palabras); RR630 and RR631 (Draw & Write Journal); AA786 and AA787 (My First Draw & Write Journal); AA181 and AA182 (My Picture Word Journal); GG324 and GG325 (Writing Prompts Journal); EE441 and EE442 (Daily Math Practice Journal Grades 1 - 3); EE443 and EE444 (Daily Math Practice Journal Grades 4 - 6); EE651 and EE652 (Daily Language Practice, Grades 1-3); EE653 and EE654 (Daily Language Practice Journal, Grades 4 - 6), are included within the scope of the antidumping duty order; requested December 7, 2006; initiated May 7, 2007. Multiple Countries A-423-808 and C-423-809: Stainless Steel Plate in Coils from Belgium; A-475-822: Stainless Steel Plate in Coils from Italy; A-580-831: Stainless Steel Plate in Coils from South Korea; A-583-830: Stainless Steel Plate in Coils from Taiwan; A-791-805 and C-791-806: Stainless Steel Plate in Coils from South Africa Requestor: Ugine & ALZ Belgium N.V.; whether stainless steel products with an actual thickness of less than 4.75 mm, regardless of nominal thickness, are within the scope of the antidumping and countervailing duty orders; requested June 8, 2007; initiated July 23, 2007. A-533-809: Certain Forged Stainless Steel Flanges from India; A-583-821: Certain Forged Stainless Steel Flanges from Taiwan Requestor: Lokring Technology Corporation; whether certain assemblies comprising stainless steel flanges from India or Taiwan welded to stainless steel “half-bodies” with swage rings, and completed in Canada, are within the scope of the order; requested September 18, 2007. Anticircumvention Rulings Pending as of September 30, 2007: People's Republic of China A-570-001: Potassium Permanganate from the People's Republic of China Requestor: Specialty Products International, Inc.; whether sodium permanganate is later-developed merchandise that is circumventing the antidumping duty order; requested October 10, 2006. A-570-868: Folding Metal Tables and Chairs from the People's Republic of China Requestor: Meco Corporation; whether the common leg table (a folding metal table affixed with cross bars that enable the legs to fold in pairs) produced in the PRC is a minor alteration that circumvents the antidumping duty order; requested October 31, 2005; initiated June 1, 2006. A-570-894: Certain Tissue Paper Products from the People's Republic of China Requestor: Seaman Paper Company; whether imports of tissue paper from Vietnam made out of jumbo rolls of tissue paper from the PRC are circumventing the antidumping duty order; requested July 19, 2006; initiated September 5, 2006. Interested parties are invited to comment on the completeness of this list of pending scope and anticircumvention inquiries. Any comments should be submitted to the Deputy Assistant Secretary for D/CVD Operations, Import Administration, International Trade Administration, 14th Street and Constitution Avenue, N.W., Room 1870, Washington, DC 20230. This notice is published in accordance with 19 C.F.R. 351.225(o). Dated: October 25, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-21707 Filed 11-2-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD57 Atlantic Highly Migratory Species (HMS); Pelagic Longline Research AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. SUMMARY: NMFS announces the availability of an Environmental Assessment

(EA)analyzing the impacts of conducting research with pelagic longline

(PLL)vessels in portions of the East Florida Coast

(EFC)and Charleston Bump closed areas. Given the nearly rebuilt status of north Atlantic swordfish and recent bycatch reduction measures implemented throughout the U.S. PLL fishery, NMFS is proposing to collect baseline PLL fishery data in the closed areas to evaluate the effectiveness of existing bycatch reduction measures. The EA analyzes monthly and annual PLL logbook and pelagic observer program

(POP)data on catch and bycatch rates of all species in the proposed research area from 1995-2000 to determine potential impacts of the research fishery on target and non-target species. NMFS invites comments from interested parties on the EA. DATES: Written comments on the EA must be received by 5 p.m. on November 20, 2007. ADDRESSES: You may submit comments by any of the following methods: • Email: *PLL.ResearchEA@noaa.gov* . Include in the subject line the following identifier: I.D. PLL Research EA. • Mail: Margo Schulze-Haugen, Highly Migratory Species Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Please mark the outside of the envelope “Comments on PLL Research EA.” • Fax: (301)713-1917 FOR FURTHER INFORMATION CONTACT: Russell Dunn, 727-824-5399; fax: 727-824-5398, or Chris Rilling 301-713-2347; fax: 301-713-1917. SUPPLEMENTARY INFORMATION: NMFS proposes to conduct research with a limited number of vessels (two are proposed, but backup vessels may be used if breakdowns occur) in portions of the EFC and Charleston Bump closed areas (Figure 1). The latitude and longitude coordinates of the proposed research area are provided in Table 1. In the EFC closed area, the proposed research area would be north of Fort Pierce, FL, beginning at 28 degrees north latitude and proceeding north, seaward of the axis of the Gulf Stream, to the northern boundary of the EFC closed area at 31 degrees north latitude. In the Charleston Bump, the proposed research area would be north of 31 degrees north latitude and following the 200 meter isobath ( ~100 fathom contour) to the northern and eastern boundaries of the Charleston Bump closed area. The two areas are hereafter referred to collectively as the proposed research area. NMFS closed the EFC and Charleston Bump closed areas to PLL gear in early 2001 to reduce bycatch of juvenile swordfish, billfish, and other HMS (65 FR 47214, August 1, 2000). The Charleston Bump closed area is a seasonal closure from February through April every year, whereas the EFC closed area is closed year-round to PLL gear. Since that time, the swordfish stock has been nearly rebuilt (B=0.99B MSY ) and new bycatch reduction measures have been implemented throughout the PLL fishery (e.g., circle hook requirements, bait requirements, bycatch release gear, and careful handling and release workshops). No PLL fishing has been authorized in the closed areas since 2001, and NMFS has not collected information on the effectiveness of current bycatch reduction measures in closed areas where bycatch rates may be higher than in other areas. NMFS thus proposes to collect information under scientifically rigorous protocols to determine the effectiveness of bycatch reduction measures in these closed areas. This information will assist NMFS in making appropriate management decisions regarding the effectiveness of existing closed areas and bycatch reduction technologies, as well as any potential modifications to the closed areas. NMFS proposes to make a total of 289 sets distributed inside and outside the proposed research area over a 12 month period beginning in late 2007 or early 2008. Each set would consist of 500 18/0 circle hooks with an offset not to exceed 10 degrees with whole dead finfish bait and/or squid bait. Vessels would be subject to 100 percent observer coverage, and observers or research staff would collect data that includes, but is not limited to, catch per unit effort

(CPUE)for target and bycatch species; discard rates; interaction rates with protected species; size of target species; hooking location; mortality at haul back; bycatch mortality; and if possible, an evaluation of the condition of fish at haul back to allow post-release mortality estimates. All targeted catch (tunas, swordfish, and sharks) that can be legally landed could be harvested and sold by the vessel owners. No other compensation would be provided to the vessels. All bycatch would be released using NMFS-approved dehooking equipment and appropriate safe handling and release protocols. Incidental catch of bluefin tuna would be landed consistent with existing regulations. Any mortalities of Atlantic Tunas Convention Act

(ATCA)regulated species (i.e., tunas and swordfish) and sharks would be counted against the appropriate quotas. Non-target species and protected resources would be tagged and released alive, consistent with requirements of the Terms and Conditions of the 2004 Biological Opinion issued for the fishery, and research objectives. The EA analyzed the status quo and two alternatives on different proposed research areas within the EFC and Charleston Bump areas. A fourth alternative to conduct research throughout the entire EFC and Charleston Bump closed areas was considered but not further analyzed. Based on analysis in the EA of PLL and POP data from 1995-2000 and prior to the closures and circle hook requirements going into effect, a limited number of interactions with leatherback sea turtles (four based on PLL data and six based on POP data over six years) and loggerhead sea turtles (five based on PLL data and 12 based on POP data over six years) occurred in the proposed research area. Under a worst case scenario using estimates from the POP data, and applying anticipated fishing effort in the research fishery to pre-closure J-hook catch rates, two leatherback and six loggerhead sea turtle interactions may occur as a result of the research fishery. Given the significantly lower interaction and mortality rates of Atlantic sea turtles with circle hooks, this action is not expected to significantly increase fishery interactions with, or mortalities of, sea turtles. The predicted interactions would not cause the Incidental Take Statement in the 2004 Biological Opinion for the PLL fishery to be exceeded, and would not be expected to jeopardize the continued existence of sea turtles. Incidental takes of, or interactions with, protected species that are listed as threatened or endangered under the Endangered Species Act taking place under the research fishery would be counted against the authorized incidental take levels specified in the 2004 Biological Opinion for the PLL fishery. The EA includes similar analyses of PLL and POP data from 1995-2000 on catch rates, live and dead discard rates, and retained numbers of swordfish, bluefin, yellowfin, and bigeye tunas, large coastal sharks, and pelagic sharks. Based on the worst case scenario from the POP data, and applying anticipated fishing effort in the research fishery to pre-closure J-hook catch rates, an estimated 1,083 swordfish are predicted to be retained, 973 discarded alive, and 360 discarded dead; zero

(0)bluefin tuna are predicted to be caught or discarded; nine white marlin are predicted to be discarded alive and 13 dead; 10 blue marlin are predicted to be discarded alive and 14 dead; 113 large coastal sharks are predicted to be kept; 124 discarded alive, and 50 discarded dead (depending upon available quota); and 21 pelagic sharks are predicted to be kept, 81 discarded alive, and 11 discarded dead (depending upon available quota). Given the known and anticipated mortality reduction benefits of circle hooks for Atlantic HMS relative to J-hooks, the estimates above are likely over-estimates. As a result, this action is not expected to significantly increase the retention or bycatch of HMS. All fishing activities would be monitored by Federal fisheries observers or trained research staff to provide data on longline gear configuration; target and incidental catch; bycatch of billfish, juvenile swordfish, and bluefin tuna; and sea turtle interactions. NMFS currently collects this information on selected PLL vessels through the POP. Even though fishing effort will increase in the proposed research area, fishing effort across the entire fishery is not anticipated to increase because vessels participating in the research fishery would have otherwise been fishing commercially for HMS in open areas. The regulations that prohibit the proposed activities absent issuance of an EFP, include requirements for vessel reporting (50 CFR 635.4) and fishing in a closed area (50 CFR 635.21(c)(2)). All other relevant regulations concerning HMS at 50 CFR Part 635 would apply. NMFS is requesting public comment on the EA because the fishing activities are proposed to occur in closed areas, specifically the EFC and Charleston Bump. If NMFS proceeds with the proposed research as described in the EA, then NMFS would issue the necessary exempted fishing permits to authorize the research activity. Authority: 16 U.S.C. 971 *et seq.* and 16 U.S.C. 1801 *et seq.* Dated: October 30, 2007. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. BILLING CODE 3510-22-S EN05NO07.001 Table 1. Coordinates of the proposed research area (preferred alternative 3) shown in Figure 1 beginning with location number 1 and proceeding clockwise through location number 12. Point Latitude Degrees Minutes Seconds Longitude Degrees Minutes Seconds 1 34 0 0 76 0 0 2 31 0 0 76 0 0 3 31 0 0 78 0 0 4 28 17 6.8 79 11 54.5 5 28 0 0 79 23 47.9 6 28 0 0 79 40 0 7 31 0 0 79 40 0 8 31 0 0 79 54 38.9 9 31 47 7.2 78 21 50.5 10 32 29 12.1 78 40 21.0 11 33 5 35.8 77 27 15.7 12 34 0 0 76 15 26.5 [FR Doc. 07-5474 Filed 11-2-07; 8:45 am]

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