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Code · REGISTER · 2008-02-25 · Import Administration, International Trade Administration, Department of Commerce · Notices

Notices. Notice of application for an Export Trade Certificate of Review from Wilco Machine & Fab, Inc

15,732 words·~72 min read·/register/2008/02/25/08-844

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3510-DT-M DEPARTMENT OF COMMERCE International Trade Administration [A-570-898] Chlorinated Isocyanurates From the People's Republic of China: Notice of Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 25, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Charles Riggle, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-5047 and
(202)482-0650, respectively. SUPPLEMENTARY INFORMATION: Background On July 26, 2007, the Department of Commerce (“the Department”) published the initiation of the administrative review of the antidumping duty order on chlorinated isocyanurates from the People's Republic of China (“PRC”). *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part,* 72 FR 41057 (July 26, 2007). This review covers the period June 1, 2006, through May 31, 2007. The preliminary results of this review are currently due no later than March 1, 2008. Extension of Time Limit for Preliminary Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), the Department shall make a preliminary determination in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides, however, that the Department may extend that 245-day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. The Department finds that it is not practicable to complete the preliminary results of the administrative review of chlorinated isocyanurates from the PRC within this time limit. Specifically, due to unusually complicated factor of production calculations and additional supplemental questionnaires needed to accurately calculate the respondents' antidumping duty margins, we find that additional time is needed to complete these preliminary results. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for completion of the preliminary results of this review by 60 days until April 30, 2008. The final results continue to be due 120 days after the publication of the preliminary results. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: February 15, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-3529 Filed 2-22-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 08-00002] Export Trade Certificate Of Review ACTION: Notice of application for an Export Trade Certificate of Review from Wilco Machine & Fab, Inc. SUMMARY: Export Trading Company Affairs (“ETCA”), International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (“Certificate”). This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, by telephone at
(202)482-5131 (this is not a toll-free number) or E-mail at *oetca@ita.doc.gov* . SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from state and federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the **Federal Register** identifying the applicant and summarizing its proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination whether a Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked privileged or confidential business information will be deemed to be nonconfidential. An original and five
(5)copies, plus two
(2)copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021-X H, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as “Export Trade Certificate of Review, application number 08-00002.” A summary of the application follows. *Summary of the Application:* *Applicant:* Wilco Machine & Fab, Inc. (“Wilco”), P.O. Box 48, 1326 S. Broadway, Marlow, Oklahoma 73055. *Contact:* Mr. Anthony Chandler, Manager, Telephone:
(580)658-6993. *Application No.:* 08-00002. *Date Deemed Submitted:* February 11, 2008. *Members (in addition to applicant):* None. Wilco seeks a Certificate to cover the following specific Export Trade, Export Markets, and Export Trade Activities and Methods of Operations. Export Trade Products All Products manufactured by Wilco, including all fabricated, machined, or assembled pressure vessels, tanks, bulk transport trailers, bulk storage trailers, bulk plants, or any components of or tools for the aforementioned items (North American Industry Classification System codes: 333132; 332313; 33242; and 332439). Export Markets The Export Markets include all parts of the world except the United States (the fifty states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands). Export Trade Activities and Methods of Operation 1. Wilco, on its own behalf may: a. *Sales Price:* Establish sale process, minimum sales prices, target sale prices and/or minimum target sales prices, and other terms of sale in Export Markets. b. *Marketing and Distribution:* Conduct marketing and distribution of Products in Export Markets. c. *Promotion:* Conduct promotion of Products. d. *Quantities:* Determine quantities of Products to be sold. e. *Market and Customer Allocation:* Allocate geographic areas or countries in the Export Markets and/or customers in the Export Markets to agency representatives or export intermediaries. f. *Refusals To Deal:* Refuse to quote prices for Products, or to market or sell Products, to or for any customers in the Export Markets, or any countries or geographical areas in the Export Markets. g. *Exclusive and Nonexclusive Export Intermediaries:* Enter into exclusive and nonexclusive agreements appointing one or more export intermediaries for the sale of Products with price, quantity, territorial and/or customer restrictions as provided above. 2. Wilco may exchange and discuss the following information: a. Information about sale and marketing efforts for the Export Markets, activities and opportunities for sales of Products in the Export Markets, selling strategies for the Export Markets, sales for the Export Markets, contract and pricing in the Export Markets, project demands in the Export Markets for Products, customary terms of sale in the Export Markets, price and availability of products from competitors for sale in Export Markets, and specifications for Products by customers in the Export Markets. b. Information about price, quality, quantity, source, and delivery dates of Products. c. Information about terms and conditions of contracts for sale in the Export Markets to be considered and/or bid on by Wilco. d. Information about bidding, selling, or sales arrangements for the Export Markets. e. Information about expenses specific to exporting to and within the Export Markets, including without limitation, transportation, shipments, insurance, inland freight to port, port storage, commissions, export sales, documentation, financing, customs, duties, and taxes. f. Information about U.S. and foreign legislation and regulations, including federal marketing order programs, affecting sales for the Export Markets. g. Information about Wilco's export operations, including without limitation, sales and prior export sales information including export price information. h. Information about export customer credit terms and credit history. 3. Wilco may meet with customers, agency representatives, or export intermediaries to discuss or engage in the activities described above. *Definition:* “Export Intermediary” means a person who acts as a distributor, sales representative, sales or marketing agent, import agent, broker, or who performs similar functions including providing or arranging for the provision of Export Trade Facilitation Services. Dated: February 18, 2008. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E8-3426 Filed 2-22-08; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review AGENCY: International Trade Administration, Commerce. ACTION: Notice of Issuance of an Export Trade Certificate of Review, Application No. 07-00006. SUMMARY: On February 19, 2008, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Glokle, Inc. (“GINC”). This notice summarizes the conduct for which certification has been granted. FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Export Trading Company Affairs, International Trade Administration, by telephone at
(202)482-5131 (this is not a toll-free number), or by E-mail at *oetca@ita.doc.gov.* SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR Part 325 (2006). Export Trading Company Affairs (“ETCA”) is issuing this notice pursuant to 15 CFR 325.6(b), which requires the U.S. Department of Commerce to publish a summary of the certification in the **Federal Register** . Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary's determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. Description of Certified Conduct Export Trade 1. Products All products. 2. Services All services. 3. Technology Rights Technology rights, including, but not limited to, patents, trademarks, copyrights, and trade secrets that relate to Products and Services. 4. Export Trade Facilitation Services (as they relate to the export of Products, Services, and Technology Rights) Export Trade Facilitation Services, including, but not limited to, professional services in the areas of government relations and assistance with state and federal programs; foreign trade and business protocol; consulting; market research and analysis; collection of information on trade opportunities; marketing; negotiations; joint ventures; shipping; export management; export licensing; advertising; documentation and services related to compliance with customs requirements; insurance and financing; trade show exhibitions; organizational development; management and labor strategies; transfer of technology; transportation services; and facilitating the formation of shippers' associations. Export Markets The Export Markets include all parts of the world except the United States (the fifty states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands). Export Trade Activities and Methods of Operation 1. With respect to the sales of Products and Services, licensing of Technology Rights and provisions of Export Trade Facilitation Services, GINC, subject to the terms and conditions listed below, may: a. Provide and/or arrange for the provisions of Export Trade Facilitation Services; b. Engage in promotional and marketing activities and collect information on trade opportunities in the Export Markets and distribute such information to clients; c. Enter into exclusive and/or non-exclusive licensing and/or sales agreements with Suppliers for the export of Products, Services, and/or Technology Rights to Export Markets; d. Enter into exclusive and/or non-exclusive agreements with distributors and/or sales representatives in Export Markets; e. Allocate export sales or divide Export Markets among Suppliers for the sale and/or licensing of Products, Services, and/or Technology Rights; f. Allocate export orders among Suppliers; g. Establish the price of Products, Services, and/or Technology Rights for sales and/or licensing in Export Markets; h. Negotiate, enter into, and/or manage licensing agreements for the export of Technology Rights; and i. Enter into contracts for shipping of Products to Export Markets. 2. GINC may exchange information on a one-to-one basis with individual Suppliers regarding that Supplier's inventories and near-term production schedules for the purpose of determining the availability of Products for export and coordinating export with distributors. Terms and Conditions of Certificate 1. In engaging in Export Trade Activities and Methods of Operations, GINC will not intentionally disclose, directly or indirectly, to any Supplier any information about any other Supplier's costs, production, capacity, inventories, domestic prices, domestic sales, or U.S. business plans, strategies, or methods that is not already generally available to the trade or public. 2. GINC will comply with requests made by the Secretary of Commerce on behalf of the Secretary of Commerce or the Attorney General for information or documents relevant to conduct under the Certificate. The Secretary of Commerce will request such information or documents when either the Attorney General or the Secretary of Commerce believes that the information or documents are required to determine that the Export Trade, Export Trade Activities and Methods of Operation of a person protected by this Certificate of Review continue to comply with the standard of Section 303(a) of the Act. Definition “Supplier” means a person who produces, provides, or sells Products, Services, and/or Technology Rights. Protection Provided by Certificate This Certificate protects GINC and its directors, officers, and employees acting on its behalf, from private treble damage actions and government criminal and civil suits under U.S. federal and state antitrust laws for the export conduct specified in the Certificate and carried out during its effective period in compliance with its terms and conditions. Effective Period of Certificate This Certificate continues in effect from the effective date indicated below until it is relinquished, modified, or revoked as provided in the Act and the Regulations. Other Conduct Nothing in this Certificate prohibits GINC from engaging in conduct not specified in this Certificate, but such conduct is subject to the normal application of the antitrust laws. Disclaimer The issuance of this Certificate of Review to GINC by the Secretary of Commerce with the concurrence of the Attorney General under the provisions of the Act does not constitute, explicitly or implicitly, an endorsement or opinion of the Secretary of Commerce or the Attorney General concerning either
(a)the viability or quality of the business plans of GINC or
(b)the legality of such business plans of GINC under the laws of the United States (other than as provided in the Act) or under the laws of any foreign country. The application of this Certificate to conduct in Export Trade where the United States Government is the buyer or where the United States Government bears more than half the cost of the transaction is subject to the limitations set forth in Section V.(D.) of the “Guidelines for the Issuance of Export Trade Certificates of Review (Second Edition),” 50 FR 1786 (January 11, 1985). A copy of the certificate will be kept in the International Trade Administration's Freedom of Information Records Inspection Facility, Room 4100, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Dated: February 19, 2008. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E8-3478 Filed 2-22-08; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE International Trade Administration [C-507-601] Certain In-shell Roasted Pistachios from the Islamic Republic of Iran: Final Results of Countervailing Duty New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 28, 2007, the Department of Commerce (the Department) published in the **Federal Register** its preliminary results in the countervailing duty
(CVD)new shipper review of certain in-shell roasted pistachios from Iran. *See Certain In-shell Roasted Pistachios from the Islamic Republic of Iran: Preliminary Results of Countervailing Duty New Shipper Review* , 72 FR 67276 ( *Preliminary Results* ). The Department has now completed this new shipper review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act). Based on our analysis of the comments received, the Department has not revised the net subsidy rate for Ahmadi's Agricultural Productions, Processing and Trade Complex (Ahmadi), the respondent company in this proceeding. The final net subsidy rate for the reviewed company is listed below in the section entitled “Final Results of Review.” EFFECTIVE DATE: February 25, 2008. FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, Room 4225, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-4161. SUPPLEMENTARY INFORMATION: Background On November 28, 2007, the Department published in the **Federal Register** its *Preliminary Results* . We invited interested parties to comment on these results. Since the preliminary results, the following events have occurred: On December 28, 2007, we received case briefs from petitioners. 1 In response to a request from the Department, CalPure submitted a revised case brief on January 15, 2008. A hearing was held in response to a request from CalPure on January 17, 2008. 1 Petitioners include the Western Pistachio Association
(WPA)and its members and a domestic interested party, Cal Pure Pistachios, Inc. (Cal Pure). In accordance with 19 CFR 351.214(b), this new shipper review covers only those producers or exporters for which a review was specifically requested. Accordingly, this new shipper review covers Ahmadi and ten programs for the period of review January 1, 2006, through December 31, 2006. Scope of the Order The product covered by this order is all roasted in-shell pistachio nuts, whether roasted in Iran or elsewhere, from which the hull has been removed, leaving the inner hard shells and the edible meat, as currently classifiable in the HTSUS under item number 0802.50.20.00. The written description of the scope of this proceeding is dispositive. Analysis of Comments Received For a discussion of the programs and the issues raised in the briefs by parties to this review, *see* the “Issues and Decision Memorandum” from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, concerning the “Final Results of Countervailing Duty New Shipper Review: Certain In-shell Roasted Pistachios from the Islamic Republic of Iran” (Decision Memorandum), dated February 19, 2008, which is hereby adopted by this notice. A listing of the issues which parties raised and to which we have responded, which are in the Decision Memorandum, is attached to this notice as Appendix I. Parties can find a complete discussion of the issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit (CRU), room 1117 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the World Wide Web at *http://ia.ita.doc.gov/frn.* The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Review In accordance with section 777A(e)(1) of the Act, 19 CFR 351.221(b)(5), and 19 CFR 351.214(i), we calculated an ad valorem subsidy rate for Ahmadi for calendar year 2006. Producer/Exporter Net Subsidy Rate Ahmadi's Agricultural Productions, Processing and Trade Complex (Ahmadi) 0.00 percent *ad valorem* The Department intends to issue assessment instructions to U.S. Customs and Border Protection
(CBP)15 days after the date of publication of the final results of this new shipper review to liquidate shipments of subject merchandise by Ahmadi entered, or withdrawn from warehouse, for consumption on or after January 1, 2006, through December 31, 2006, without regard to countervailing duties because a zero percent subsidy rate was calculated. The following cash deposit requirements will be effective upon publication of the final results of this new shipper review for all shipments of subject merchandise from Ahmadi entered or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act:
(1)For subject merchandise produced and exported by Ahmadi, the cash deposit rate will be zero;
(2)for subject merchandise produced by Ahmadi but not exported by Ahmadi, the cash deposit rate will continue to be the all-others rate ( *i.e.* , 317.89 percent *ad valorem* ); and
(3)for subject merchandise exported by Ahmadi but not produced by Ahmadi, the cash deposit rate will continue to be the all-others rate ( *i.e.* , 317.89 percent *ad valorem* ). The cash deposit rate for all other producers and/or exporters is not effected by these final results. This notice also serves as a reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This administrative review and notice are issued and published in accordance with sections 751(a)(2)(C), 751(a)(3) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: February 19, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix I - Issues and Decision Memorandum I. Analysis Of Programs A. Programs Determined to Be Not Used 1. *Provision of Fertilizer and Machinery* 2. *Provision of Credit* 3. *Tax Exemptions* 4. *Provision of Water and Irrigation Equipment* 5. *Technical Support* 6. *Duty Refunds on Imported Raw or Intermediate Materials Used in the Production of Export Goods* 7. *Program to Improve Quality of Exports of Dried Fruit* 8. *Iranian Export Guarantee Fund* 9. *GOI Grants and Loans to Pistachio Farmers* 10. *Crop Insurance for Pistachios* II. Total *Ad Valorem* Rate III. Analysis Of Comments *Comment 1:* Whether Ahmadi's Sale of Subject Merchandise Constitutes a Bona Fide Sale *Comment 2:* Whether the Department Should Assign an Adverse Facts Available Net Subsidy Rate to Ahmadi Because of the GOI's Failure to Cooperate with the Department By Providing Incomplete Questionnaire Responses *Comment 3:* Whether the Department Should Assign an Adverse Facts Available Net Subsidy Rate to Ahmadi on the Grounds That it Failed to Respond to the Department's Questionnaires to the Best of its Ability *Comment 4:* Whether the All-Others Rate Stated in the Preliminary Results Is Inaccurate and Should Be Corrected [FR Doc. E8-3511 Filed 2-22-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (C-570-931) Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China: Notice of Initiation of Countervailing Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 25, 2008. FOR FURTHER INFORMATION CONTACT: Darla Brown or Eric Greynolds, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone:
(202)482-2849 and
(202)482-6071, respectively. SUPPLEMENTARY INFORMATION: The Petition On January 30, 2008, the Department of Commerce (the “Department”) received a petition filed in proper form by Bristol Metals, L.P., Felker Brothers Corp., Marcegaglia USA Inc., Outokumpu Stainless Pipe, Inc., and the United Steel Workers of America (the “petitioners”), domestic producers of circular welded austenitic stainless pressure pipe (“CWASPP” or “subject merchandise”). In response to the Department's request, the petitioners provided timely information supplementing the petition on February 5, February 11, and February 14, 2008. In accordance with Section 702(b)(1) of the Tariff Act of 1930, as amended (“the Act”), the petitioners allege that manufacturers, producers, or exporters of CWASPP in the People's Republic of China (“PRC”) receive countervailable subsidies within the meaning of Section 701 of the Act and that such imports are materially injuring, or threatening material injury to, an industry in the United States. The Department finds that the petitioners filed the petition on behalf of the domestic industry because they are interested parties as defined in Section 771(9)(C) of the Act and the petitioners have demonstrated sufficient industry support with respect to the countervailing duty investigation ( *see* “Determination of Industry Support for the Petition” section below). Period of Investigation The period of investigation (“POI”) is January 1, 2007, through December 31, 2007. Scope of the Investigation The merchandise covered by this investigation is circular welded austenitic stainless pressure pipe (“CWASPP”) not greater than 14 inches in outside diameter. This merchandise includes, but is not limited to, the American Society for Testing and Materials
(ASTM)A-312 or ASTM A-778 specifications, or comparable domestic or foreign specifications. ASTM A-358 products are only included when they are produced to meet ASTM A-312 or ASTM A-778 specifications, or comparable domestic or foreign specifications. Excluded from the scope are:
(1)Welded stainless mechanical tubing, meeting ASTM A-554 or comparable domestic or foreign specifications;
(2)boiler, heat exchanger, superheater, refining furnace, feedwater heater, and condenser tubing, meeting ASTM A-249, ASTM A-688 or comparable domestic or foreign specifications; and
(3)specialized tubing, meeting ASTM A-269, ASTM A-270 or comparable domestic or foreign specifications. The subject imports are normally classified in subheadings 7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085 of the Harmonized Tariff Schedule of the United States (“HTSUS”). They may also enter under HTSUS subheadings 7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope is dispositive. Comments on Scope of Investigation During our review of the petition, we discussed the scope with the petitioners to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. Moreover, as discussed in the preamble to the regulations, we are setting aside a period for interested parties to raise issues regarding product coverage. *See 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 the publication 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 determination. Consultations Pursuant to Section 702(b)(4)(A)(ii) of the Act, the Department invited representatives of the Government of the PRC for consultations with respect to the countervailing duty petition. The Department held these consultations in Beijing, China, with representatives of the Government of the PRC on February 15, 2008. *See* the February 15, 2008, Memorandum to The File, entitled, “Consultations Regarding the Petition on Welded Stainless Steel Pressure Pipe from the People's Republic of China” on file in the CRU of the Department of Commerce, Room 1117. Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed by or on behalf of the domestic industry. Section 702(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 702(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 petitioners do not offer a definition of domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that CWASPP constitutes a single domestic like product, which is defined further in the “Scope of the Investigation” 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 Countervailing Duty Investigation Initiation Checklist: Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China* (“ *PRC Initiation Checklist* ”) at Attachment II, on file in the CRU. In determining whether the petitioners have standing ( *i.e.* , those domestic workers and producers supporting the petition account for
(1)at least 25 percent of the total production of the domestic like product and
(2)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), we considered the industry support data contained in the petition with reference to the domestic like product as defined in Attachment I (Scope of the Petition), to the *PRC Initiation Checklist* . To establish industry support, the petitioners provided their shipments for the domestic like product for the year 2007 and compared them to shipments of the domestic like product for the industry. In their February 13, 2008, supplement to the petition, the petitioners demonstrated the correlation between shipments and production. *See* February 13, 2008, Supplement to the petition. Based on the fact that total industry production data for the domestic like product for 2007 is not reasonably available, and that the petitioners have established that shipments are a reasonable proxy for production data, we have relied upon shipment data for purposes of measuring industry support. For further discussion *see PRC Initiation Checklist* at Attachment II (Industry Support). Our review of the data provided in the petition, supplemental submissions, and other information readily available to the Department indicates that the petitioners have established industry support. First, the petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support ( *e.g.* , polling). *See* Section 702(c)(4)(D) of the Act. Second, the domestic producers have met the statutory criteria for industry support under 702(c)(4)(A)(i) because the domestic producers (or workers) who support the petition account for at least 25 percent of the total production of the domestic like product. Finally, the domestic producers have met the statutory criteria for industry support under Section 702(c)(4)(A)(ii) because the domestic producers (or workers) who support the petition account for 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. Accordingly, the Department determines that the petition was filed on behalf of the domestic industry within the meaning of Section 702(b)(1) of the Act. *See PRC Initiation Checklist* at Attachment II (Industry Support). The Department finds that the petitioners filed the petition on behalf of the domestic industry because they are an interested party as defined in section 771(9)(C) and
(D)of the Act and they have demonstrated sufficient industry support with respect to the countervailing duty investigation that they are requesting the Department initiate. *See PRC Initiation Checklist* at Attachment II (Industry Support). Injury Test Because the PRC is a “Subsidies Agreement Country” within the meaning of Section 701(b) of the Act, Section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of CWASPP from the PRC are benefitting from countervailable subsidies and that such imports are causing, or threatening to cause, material injury to the domestic industry producing CWASPP. In addition, the petitioners allege that subsidized imports exceed the negligibility threshold provided for under Section 771(24)(A) of the Act. The petitioners contend that the industry's injured condition is illustrated by reduced market share, lost sales, reduced production, capacity and capacity utilization rate, reduced shipments, underselling and price depression or suppression, lost revenue, reduced employment, decline in financial performance and increase in import penetration. 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 PRC Initiation Checklist* at Attachment III (Injury). Initiation of Countervailing Duty Investigation Section 702(b) of the Act requires the Department to initiate a countervailing duty proceeding whenever an interested party files a petition on behalf of an industry that
(1)alleges the elements necessary for an imposition of a duty under Section 701(a) of the Act; and
(2)is accompanied by information reasonably available to the petitioner(s) supporting the allegations. The Department has examined the countervailing duty petition on CWASPP from the PRC and finds that it complies with the requirements of Section 702(b) of the Act. Therefore, in accordance with Section 702(b) of the Act, we are initiating a countervailing duty investigation to determine whether manufacturers, producers, or exporters of CWASPP in the PRC receive countervailable subsidies. For a discussion of evidence supporting our initiation determination, see *PRC Initiation Checklist* . We are including in our investigation the following programs alleged in the petition to have provided countervailable subsidies to producers and exporters of the subject merchandise in the PRC: Preferential Lending 1. Loans and Export Credits Pursuant to the Northeast Revitalization Program Income Tax Programs 2. “Two Free, Three Half” Program 3. Income Tax Reductions for Export-oriented Foreign Investment Enterprises (“FIEs”) 4. Reduced Income Tax Rate for FIEs Located in Economic and Technological Development Zones and Other Special Economic Zones 5. Income Tax Credit or Refund for Reinvestment of FIE Profits 6. Provincial and Local Tax Exemptions and Reductions for Productive FIEs 7. Local Income Tax Reductions in Certain Development Zones 8. Preferential Tax Policies for Research and Development at FIEs Indirect Tax Programs and Import Tariff Program 9. VAT Refunds on Purchases of Domestically-produced Equipment by FIEs 10. Tax Credits on Purchases of Domestically-produced Equipment by Domestically-owned Companies Provincial Subsidy Programs 11. Guangdong Province's “Outward Expansion” Program 12. Preferential Loans Pursuant to Liaoning Province's Five-Year Framework 13. Preferential Tax Policies for Town and Village Enterprises (“TVEs”) Provision of Goods or Services for Less than Adequate Remuneration 14. Provision of Stainless Steel Coil for Less than Adequate Remuneration 15. Provision of Land Use Rights for Less than Adequate Remuneration Government Restraints on Exports 16. Export Restraints on Flat-rolled Steel For further information explaining why the Department is investigating these programs, see the *PRC Initiation Checklist* . We are not including in our investigation the following programs alleged to benefit producers and exporters of the subject merchandise in the PRC: 1. *Guangshou High Technologic Enterprise* : Petitioners allege that a producer of CWASPP located in Guangshou received subsidies by virtue of its status as a high technology enterprise, but failed to explain what those alleged subsidies were. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support the allegation with reasonably available information. Therefore, we do not plan to investigate this program. 2. *Exemption of Export Taxes for CWASPP* : Petitioners allege that producers of CWASPP are exempt from paying certain export taxes that the Government of China (“GOC”) levies on other steel products. Consistent with the Department's decision in the initiation of Light-walled Rectangular Pipe and Tube from the PRC, we find that petitioners have failed to adequately allege how CWASPP producers have been relieved of taxes they would otherwise have paid. *See Notice of Initiation of Countervailing Duty Investigation: Light-walled Rectangular Pipe and Tube from the People's Republic of China* , 72 FR 40281, 40283 (July 24, 2007) (“ *LWRP Initiation Notice* ”). 3. *City of Shenzhen's Grants to Exporter to Cover Interest on Loans* : Petitioners allege that the City of Shenzhen provides interest payment grants to exporters in the Shenzhen Special Economic Zone (“SEZ”). Consistent with the Department's practice in recent initiations, we are declining to initiate on the allegation because petitioners have failed to provide information indicating that a producer of CWASPP is located in the Shenzhen SEZ. *See* , *e.g.* , *LWRP Initiation Notice* 72 FR at 40284. 4. *“Famous Brands” Program* : Petitioners allege that the GOC designates the products of certain firms as “Famous Brands,” thereby making the firms eligible for grants and for enhanced trademark protection. In addition, petitioners allege that some provinces have coordinated efforts to build brands from their provinces. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support their allegation with reasonably available information. Therefore, we do not plan to investigate the “Famous Brands” program. 5. *Reduced Income Tax Rate for Technology and Knowledge Intensive FIEs* : Petitioners allege that FIEs that qualify as technology intensive or knowledge intensive and have major products listed in a catalogue issued by the Ministry of Science and Technology (“MOST”) pay a reduced income tax of 15 percent. However, there is no mention of “pipe” in the catalogue, a fact that petitioners acknowledge. Thus, based on record evidence, producers of subject merchandise cannot use this program. Therefore, we do not plan to investigate this program. 6. *Provision of Electricity, Natural Gas, and Water for Less than Adequate Remuneration* : Petitioners allege that the GOC controls electricity, natural gas, and water prices through the National Development and Reform Commission. Petitioners state that the government caps the price that power generation companies can charge. Petitioners maintain that the steel industry has benefited from preferential treatment in both the prices of these utilities as well as access to the utilities. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support their allegation with reasonably available information. Therefore, we are not investigating the provision of electricity, natural gas, and water for less than adequate remuneration. 7. *The State Key Technologies Renovation Project Fund* : Petitioners allege that the purpose of this subsidy program is to promote technological renovations and improvements in key industries through the grant of funds equal to two or three years of interest expense payments for the projects depending upon the region of the country in which the project occurs, not to exceed 15 percent of the total cost of the project. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support their allegation with reasonably available information. Therefore, we do not plan to investigate “The State Key Technologies Renovation Project Fund” program. Because petitioner has not sufficiently alleged countervailable subsidies for these programs, we are not initiating on them at this time. Application of the Countervailing Duty Law to the PRC The Department has treated the PRC as a non-market economy (“NME”) country in all past antidumping duty investigations and administrative reviews. In accordance with Section 771(18)(C)(i) of the Act, any determination that a country is an NME country shall remain in effect until revoked by the administering authority. *See* , *e.g.* , *Tapered Roller Bearings and Parts Thereof, Finished and 10 Unfinished,
(TRBs)From the People's Republic of China: Preliminary Results of 2001-2002 Administrative Review and Partial Rescission of Review* , 68 FR 7500, 7500-1 (February 14, 2003), unchanged in *TRBs from the People's Republic of China: Final Results of 2001-2002 Administrative Review* , 68 FR 70488, 70488-89 (December 18, 2003). In the final affirmative countervailing duty determination on coated free sheet paper from the PRC, the Department determined that the current nature of the PRC economy does not create obstacles to applying the necessary criteria in the CVD law. *See Coated Free Sheet Paper from the People's Republic of China: Final Affirmative Countervailing Duty Determination* , 72 FR 60645 (October 25, 2007) and the accompanying Issues and Decision Memorandum at Comment 1. Therefore, because the petitioners have provided sufficient allegations and support of their allegations to meet the statutory criteria for initiating a CVD investigation of CWASPP from the PRC, initiation of a CVD investigation is warranted in this case. Respondent Selection For this investigation, the Department expects to select respondents based on U.S. Customs and Border Protection (“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. Distribution of Copies of the Petition In accordance with Section 702(b)(4)(A)(i) of the Act, a copy of the public version of the petition has been provided to the Government of the PRC. As soon as and to the extent practicable, we will attempt to provide a copy of the public version of the petition to each exporter named in the petition, consistent with 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by Section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 25 days after the date on which it receives notice of the initiation, whether there is a reasonable indication that imports of subsidized CWASPP from the PRC are causing material injury, or threatening to cause material injury, to a U.S. industry. *See* Section 703(a)(2) of the Act. A negative ITC determination will result in the investigation being terminated; otherwise, the investigation will proceed according to statutory and regulatory time limits. This notice is issued and published pursuant to Section 777(i) of the Act. Dated: February 19, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-3510 Filed 2-22-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-428-840, A-570-920] Lightweight Thermal Paper From Germany and the People's Republic of China: Postponement of Preliminary Determinations of Antidumping Duty Investigations AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 25, 2008. FOR FURTHER INFORMATION CONTACT: Cindy Robinson or George McMahon (Germany), or Frances Veith (the People's Republic of China), AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone:
(202)482-3797,
(202)482-1167,
(202)482-4295, respectively. SUPPLEMENTARY INFORMATION: Postponement of Preliminary Determinations On October 29, 2007, the Department of Commerce (the Department) initiated the antidumping duty investigations of lightweight thermal paper from Germany, the Republic of Korea, and the People's Republic of China (PRC). *See Notice of Initiation of Antidumping Duty Investigations: Lightweight Thermal Paper from Germany, the Republic of Korea, and the People's Republic of China,* 72 FR 62430 (November 5, 2007). The notice of initiation stated that the Department would issue its preliminary determinations for these investigations no later than 140 days after the date of issuance of the initiation, in accordance with section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act). On December 5, 2007, the International Trade Commission
(ITC)determined that imports of lightweight thermal paper from the Republic of Korea were negligible, and therefore, terminated the investigation with regard to the Republic of Korea. *See Certain Lightweight Thermal Paper From China, Germany, and Korea,* 72 FR 70343 (December 11, 2007). On February 6, 2008, the petitioner, Appleton Papers Inc. (Appleton), made a timely request pursuant to section 733(c)(1)(A) of the Act and 19 CFR 351.205(b)(2) and
(e)for a 50-day postponement of the preliminary determinations. The petitioner requested postponement of the preliminary determinations for Germany and the PRC in order to allow for additional time to evaluate the respondents' questionnaire responses in these investigations. Under section 733(c)(1)(A) of the Act, if the petitioner makes a timely request for an extension of the period within which the preliminary determination must be made under subsection (b)(1), then the Department may postpone making the preliminary determination under subsection (b)(1) until not later than the 190th day after the date on which the administrative authority initiated the investigation. For the reason identified by the petitioner and because there are no compelling reasons to deny the request, the Department is postponing the deadline for the preliminary determinations under section 733(c)(1)(A) of the Act by 50 days to May 6, 2008. The deadline for the final determinations will continue to be 75 days after the date of the preliminary determinations, unless extended. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: February 19, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-3534 Filed 2-22-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-881] Malleable Cast Iron Pipe Fittings From the People's Republic of China: Notice of Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 25, 2008. FOR FURTHER INFORMATION CONTACT: Andrea Staebler Berton, AD/CVD Operations, Office 8, Import Administration, Room 1870, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-4037. Background On December 3, 2007, the Department of Commerce (“the Department”) published a notice of opportunity to request an administrative review of the antidumping duty order on malleable cast iron pipe fittings from the People's Republic of China (“PRC”) for the period of review (“POR”) December 1, 2006, through November 30, 2007. 1 On December 28, 2007, Beijing Sai Lin Ke Hardware Co., Ltd. (“SLK”) requested that the Department conduct a review of its sales and entries of subject merchandise into the United States during the POR. On December 31, 2007, Mueller Comercial de México, S. de R.L. de C.V. (“Mueller”) requested that the Department conduct an administrative review of its sales and entries of subject merchandise into the United States during the POR. No other parties requested a review. On January 28, 2008, the Department published the *Initiation Notice* covering SLK and Mueller. 2 On January 29, 2008, the Department sent interested parties U.S. Customs and Border Protection (“CBP”) data that the Department intended to rely upon in selecting the mandatory respondent. The Department invited interested parties to submit comments on this data no later than February 5, 2008. However, on January 30, 2008, SLK withdrew its request for review. On February 6, 2008, Mueller withdrew its request for an administrative review. 1 *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review,* 72 FR 67889 (December 3, 2007). 2 *See Initiation of Antidumping or Countervailing Duty Administrative Reviews and Request for Revocation in Part,* 73 FR 4829 (January 28, 2008). Rescission of Review The Department's regulations at 19 CFR 351.213(d)(1) provide that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review, or withdraws its request at a later date if the Department determines that it is reasonable to extend the time limit for withdrawing the request. SLK and Mueller timely withdrew their requests before the 90-day deadline. Therefore, we are rescinding this review of the antidumping duty order on malleable cast iron pipe fittings from the PRC covering the period December 1, 2006, through November 30, 2007. The Department intends to issue assessment instructions to CBP 15 days after publication of this rescission notice. The Department will instruct CBP to assess antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 15, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-3532 Filed 2-22-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [C-570-923] Raw Flexible Magnets From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of raw flexible magnets
(RFM)from the People's Republic of China (PRC). For information on the estimated subsidy rates, see the “Suspension of Liquidation” section of this notice. DATES: *Effective Date:* February 25, 2008. FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Eric Greynolds, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-4793 and
(202)482-6071, respectively. SUPPLEMENTARY INFORMATION: Case History On September 21, 2007, the Department received the petition filed in proper form by Magnum Magnetics Corporation (petitioner). This investigation was initiated on October 11, 2007. *See Raw Flexible Magnets from the People's Republic of China: Notice of Initiation of Countervailing Duty Investigation,* 72 FR 59076 (October 18, 2007) ( *Initiation Notice* ), and accompanying Initiation Checklist. 1 On November 8, 2007, petitioner timely requested a 65-day extension of the preliminary determination in this investigation, pursuant to section 703(c)(1)(A) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.205(e). On November 26, 2007, the Department postponed the deadline for the preliminary determination by 65 days to no later than February 19, 2008. *See Raw Flexible Magnets from the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation,* 72 FR 67911 (December 3, 2007). 1 A public version of this and all public Departmental memoranda is on file in the Central Records Unit (CRU), room 1117 in the main building of the Commerce Department. Due to the large number of producers and exporters of RFM in the PRC, we determined that it is not possible to investigate individually each producer or exporter and, therefore, selected three producers/exporters of RFM to be mandatory respondents: China Ningbo Cixi Import Export Corporation (Cixi), Polyflex Magnets Ltd. (Polyflex), and Qualita Magnets Ltd. (Qualita) (collectively, respondents). *See* Memorandum from the Team, through Melissa Skinner, Director, Office 3, to Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, regarding Respondent Selection (October 24, 2007). 2 2 A public version of this memorandum is available in the CRU. On October 25, 2007, we issued our initial countervailing duty
(CVD)questionnaire to the Government of the People's Republic of China (the GOC) and the mandatory respondents. On October 25, 2007, we also issued directly to the three mandatory respondents an export shipment questionnaire. Polyflex and Qualita submitted their respective responses to the export shipment questionnaire on November 8, 2007. Polyflex reported that it exported subject merchandise that entered the United States during the period of investigation. Qualita reported that it did not export to the United States merchandise covered under the scope of the CVD investigation, which entered the United States during the period of investigation. Cixi did not submit a response to either the October 25, 2007, export shipment questionnaire or the initial CVD questionnaire. On December 14, 2007, the GOC and Polyflex submitted their respective responses to the initial CVD questionnaire. On January 11, 2008, we issued a supplemental questionnaire to Polyflex and the GOC. Polyflex submitted its supplemental questionnaire response on February 1, 2008. On February 4, 2008, the GOC submitted its supplemental questionnaire response. On February 7, 2008, we issued a second supplemental questionnaire to Polyflex and the GOC, respectively. On February 12, 2008, Polyflex submitted a letter stating that it will no longer be participating in the CVD investigation on raw flexible magnets from the PRC. Scope of the Investigation The products covered by this investigation are certain flexible magnet sheeting, strips, and profile shapes. Subject flexible magnet sheeting, strips, and profile shapes are bonded magnets composed (not necessarily exclusively) of
(i)any one or combination of various flexible binders (such as polymers or co-polymers, or rubber) and
(ii)a magnetic element, which may consist of a ferrite permanent magnet material (commonly, strontium or barium ferrite, or a combination of the two), a metal alloy (such as NdFeB or Alnico), any combination of the foregoing with each other or any other material, or any other material capable of being permanently magnetized. Subject flexible magnet sheeting, strips, and profile shapes are capable of being permanently magnetized, but may be imported in either magnetized or unmagnetized (including demagnetized) condition. Subject merchandise may be of any color and may or may not be laminated or bonded with paper, plastic or other material, which paper, plastic or other material may be of any composition and/or color. Subject merchandise may be uncoated or may be coated with an adhesive or any other coating or combination of coatings. Subject merchandise is within the scope of this investigation whether it is in rolls, coils, sheets, or pieces, and regardless of physical dimensions or packaging, including specialty packaging such as digital printer cartridges. Specifically excluded from the scope of this investigation is retail printed flexible magnet sheeting, defined as flexible magnet sheeting (including individual magnets) that is laminated with paper, plastic or other material, if such paper, plastic or other material bears printed text and/or images, including but not limited to business cards, calendars, poetry, sports event schedules, business promotions, decorative motifs, and the like. This exclusion does not apply to such printed flexible magnet sheeting if the printing concerned consists of only: a trade mark or trade name; country of origin; border, stripes, or lines; any printing that is removed in the course of cutting and/or printing magnets for retail sale or other disposition from the flexible magnet sheeting; manufacturing or use instructions ( *e.g.* , “print this side up,” “this side up,” “laminate here”); printing on adhesive backing (that is, material to be removed in order to expose adhesive for use, such as application of laminate) or on any other covering that is removed from the flexible magnet sheeting prior or subsequent to final printing and before use; non-permanent printing (that is, printing in a medium that facilitates easy removal, permitting the flexible magnet sheeting to be re-printed); printing on the back (magnetic) side; or any combination of the above. All products meeting the physical description of the subject merchandise that are not specifically excluded are included in this scope. The products subject to the investigation are currently classifiable principally under subheadings 8505.19.10 and 8505.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are provided only for convenience and customs purposes, however, and the written description of the scope of this proceeding is dispositive. Scope Comments In accordance with the *Preamble* to the Department's regulations ( *see Antidumping Duties; Countervailing Duties,* 62 FR 27296, 27323 (May 19, 1997) ( *Preamble* )), in our *Initiation Notice,* we set aside a period of time for parties to raise issues regarding product coverage, and encouraged all parties to submit comments within 20 calendar days of publication of the *Initiation Notice.* On November 7, 2007, SH Industries, an interested party, submitted timely scope comments. 3 In its comments, SH Industries argues that magnetic photo pockets, which are flexible magnets with clear plastic laminations that form a pocket into which photographs and other items may be inserted for display, should be excluded from the scope of the antidumping
(AD)and CVD investigations on RFM from the PRC and Taiwan. On November 13, 2007, petitioner filed a response to SH Industries' comments arguing that magnetic photo pockets are properly within the scope of the investigations. 4 The Department is evaluating the comments submitted by both parties and will issue its decision regarding the scope of the investigations in the preliminary determination of the companion AD investigations due on April 18, 2008. 3 This public document is available on the public record of each investigation (A-570-922, A-583-842, and C-570-923) in the Department's CRU. 4 The public version of petitioner's submission is available on the public record of each investigation (A-570-922, A-583-842, and C-570-923) in the Department's CRU. Injury Test Because the PRC is a “Subsidies Agreement Country” within the meaning of section 701(b) of the Act, the International Trade Commission (the ITC) is required to determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to a U.S. industry. On November 9, 2007, the ITC published its preliminary determination finding that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from the PRC of subject merchandise. *See Raw Flexible Magnets from China and Taiwan,* Investigation Nos. 701-TA-452 and 731-TA-1129 and 1130 (Preliminary), 72 FR 63629 (November 9, 2007). Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination On October 11, 2007, the Department initiated AD and CVD investigations of RFM from the PRC and Taiwan. *See Notice of Initiation of Antidumping Duty Investigations: Raw Flexible Magnets from the People's Republic of China and Taiwan,* 72 FR 59071 (October 18, 2007), and also *Initiation Notice* (for the PRC CVD investigation). The CVD investigation and the AD investigations have the same scope with regard to the merchandise covered. On February 12, 2008, the petitioner submitted a letter, in accordance with section 705(a)(1) of the Act, requesting alignment of the final CVD determination with the final determination in the companion AD investigation of RFM from the PRC. Therefore, in accordance with section 705(a)(1) of the Act, and 19 CFR 351.210(b)(4), we are aligning the final CVD determination with the final determination in the companion AD investigation of RFM from the PRC. The final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued on or about July 2, 2008. Period of Investigation The period of investigation (the POI) for which we are measuring subsidies is January 1, 2006, through December 31, 2006. *See* 19 CFR 351.204(b)(2). Application of the Countervailing Duty Law to Imports From the PRC On October 25, 2007, the Department published the final determination of coated free sheet paper from the PRC. *See Coated Free Sheet Paper from the Republic of China: Final Determination of Countervailing Duty Investigation,* 72 FR 60645 (October 25, 2007) ( *CFS China Final* ), and accompanying Issues and Decision Memorandum (CFS Decision Memorandum). In that determination, the Department found, “given the substantial differences between the Soviet-style economies and the PRC's economy in recent years, the Department's previous decision not to apply the CVD law to these Soviet-style economies does not act as a bar to proceeding with a CVD investigation involving products from China.” *See* CFS Decision Memorandum at Comment 6, “Comparison of the Department's Findings in the Georgetown Memo and the August 30 Market Economy Status Memo,” *see also* Memorandum to David M. Spooner, “Countervailing Duty Investigation of Coated Free Sheet Paper from the People's Republic of China—Whether the Analytical Elements of the Georgetown Steel Opinion are Applicable to China's Present-day Economy,” (March 29, 2007) at 2. 5 5 This public document is available on the public record of the investigation of coated free sheet paper from the PRC (C-570-907) in the Department's CRU. Recently, the Department has preliminarily determined that it is appropriate and administratively desirable to identify a uniform date from which the Department will identify and measure subsidies in the PRC for purposes of the CVD law. *See Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination; Preliminary Affirmative Determination of Critical Circumstances; and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination,* 72 FR 63875 (November 13, 2007) ( *CWP from the PRC* ); *see also Light-walled Rectangular Pipe and Tube from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination,* 72 FR 67703 (November 30, 2007); *Laminated Woven Sacks from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination; Preliminary Affirmative Determination of Critical Circumstances, In Part; and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination,* 72 FR 67893 (December 3, 2007); and *Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination,* 72 FR 71360 (December 17, 2007). In *CWP from the PRC,* we preliminarily determined that date to be December 11, 2001, the date on which the PRC became a member of the WTO. Therefore, for the reasons outlined in *CWP from the PRC,* we have limited our analysis to subsidies bestowed after December 11, 2001, for this preliminary determination. Use of Facts Otherwise Available Sections 776(a)(1) and
(2)of the Act provide that the Department shall apply “facts otherwise available” if, *inter alia,* necessary information is not on the record or an interested party or any other person:
(A)withholds information that has been requested;
(B)fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and
(e)of section 782 of the Act;
(C)significantly impedes a proceeding; or
(D)provides information that cannot be verified as provided by section 782(i) of the Act. Where the Department determines that a response to a request for information does not comply with the request, section 782(d) of the Act provides that the Department will so inform the party submitting the response and will, to the extent practicable, provide that party the opportunity to remedy or explain the deficiency. If the party fails to remedy the deficiency within the applicable time limits and subject to section 782(e) of the Act, the Department may disregard all or part of the original and subsequent responses, as appropriate. Section 782(e) of the Act provides that the Department “shall not decline to consider information that is submitted by an interested party and is necessary to the determination but does not meet all applicable requirements established by the administering authority” if the information is timely, can be verified, is not so incomplete that it cannot be used, and if the interested party acted to the best of its ability in providing the information. Where all of these conditions are met, the statute requires the Department to use the information if it can do so without undue difficulties. In this case, Cixi did not provide the requested information that is necessary to determine a CVD rate for this preliminary determination. Specifically, Cixi did not respond to either the Department's October 25, 2007, shipment data questionnaire or October 25, 2007, initial CVD questionnaire. Thus, in reaching our preliminary determination, pursuant to section 776(a)(2)(A) and
(C)of the Act, we have based Cixi's CVD rate on facts otherwise available. On February 12, 2008, Polyflex, which was the only active mandatory respondent, withdrew from this investigation. Thus, in reaching our preliminary determination, pursuant to section 776(a)(2)(C) and
(D)of the Act, we have based Polyflex's CVD rate on facts otherwise available. Use of Adverse Inferences Section 776(b) of the Act further provides that the Department may use an adverse inference in applying the facts otherwise available when a party has failed to cooperate by not acting to the best of its ability to comply with a request for information. Section 776(b) of the Act also authorizes the Department to use as adverse facts available
(AFA)information derived from the petition, the final determination, a previous administrative review, or other information placed on the record. Section 776(c) of the Act provides that, when the Department relies on secondary information rather than on information obtained in the course of an investigation or review, it shall, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. Secondary information is defined as “information derived from the petition that gave rise to the investigation or review, the final determination concerning the subject merchandise, or any previous review under section 751 concerning the subject merchandise.” *See* Statement of Administrative Action
(SAA)accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d Cong., 2d Session
(1994)at 870. The Department considers information to be corroborated if it has probative value. *See* SAA at 870. To corroborate secondary information, the Department will, to the extent practicable, examine the reliability and relevance of the information to be used. The SAA emphasizes, however, that the Department need not prove that the selected facts available are the best alternative information. *See* SAA at 869. In selecting from among the facts available, the Department has determined that, in the instant investigation, an adverse inference is warranted, pursuant to section 776(b) of the Act. By failing to submit a response to the Department's CVD questionnaire, Cixi did not cooperate to the best of its ability in this investigation. We also find that Polyflex, by withdrawing from the investigation, has failed to cooperate to the best of its ability in this investigation. Accordingly, we find that an adverse inference is warranted to ensure that Cixi and Polyflex will not obtain a more favorable result than had each company fully complied with our request for information. Thus, in those instances in which it determines to apply AFA, the Department, in order to satisfy itself that such information has probative value, will examine, to the extent practicable, the reliability and relevance of the information used. With regard to the reliability aspect of corroboration, unlike other types of information, such as publicly available data on the national inflation rate of a given country or national average interest rates, there typically are no independent sources for data on company-specific benefits resulting from countervailable subsidy programs. Selection of the Adverse Facts Available Rate In deciding which facts to use as AFA, section 776(b) of the Act and 19 CFR 351.308(c)(1) authorize the Department to rely on information derived from
(1)the petition,
(2)a final determination in the investigation,
(3)any previous review or determination, or
(4)any information placed on the record. In selecting the AFA rate, it is the Department's practice to select, where possible, the highest calculated final net subsidy rate for the same type of program at issue. Where such information is not available, it is the Department's practice to apply the highest subsidy rate for any program otherwise listed. *See* CFS Decision Memorandum at “Use of Adverse Facts Available” section and Comment 24. The Department's practice when selecting an adverse margin from among the possible sources of information is to ensure that the margin is sufficiently adverse “as to effectuate the purpose of the facts available role to induce respondents to provide the Department with complete and accurate information in a timely manner.” *See Notice of Final Determination of Sales at Less than Fair Value: Static Random Access Memory Semiconductors From Taiwan,* 63 FR 8909, 8932 (February 23, 1998). The Department's practice also ensures “that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully.” *See* SAA at 870. In choosing the appropriate balance between providing a respondent with an incentive to respond accurately and imposing a rate that is reasonably related to the respondent's prior experience, selecting the highest prior margin “reflects a common sense inference that the highest prior margin is the most probative evidence of current margins, because, if it were not so, the importer, knowing of the rule, would have produced current information showing the margin to be less.” *See Rhone Poulenc, Inc.* v. *United States,* 899 F. 2d 1185, 1190 (Fed. Cir. 1990). With respect to the relevance aspect of corroboration, the Department will consider information reasonably at its disposal as to whether there are circumstances that would render benefit data not relevant. Where circumstances indicate that the information is not appropriate as adverse facts available, the Department will not use it. *See Fresh Cut Flowers from Mexico; Final Results of Antidumping Duty Administrative Review,* 61 FR 6812 (February 22, 1996). In the instant case, no evidence has been presented or obtained which contradicts the relevance of the benefit data relied upon in a prior China CVD investigation. Thus, in the instant case, the Department finds that the information used has been corroborated to the extent practicable. Because Cixi and Polyflex failed to act to the best of their ability in this investigation, as discussed above, for each program examined, we made the adverse inference that each company benefitted from each program. To calculate the program rate for the nine alleged income tax programs pertaining to either the reduction of the income tax or the payment of no tax, we have applied an adverse inference that Cixi and Polyflex paid no income tax during the POI. The standard income tax rate for corporations in China is 30 percent, plus a 3 percent provincial income tax rate. Therefore, the highest possible benefit for these nine income tax programs is 33 percent. We are applying the 33 percent AFA rate on a combined basis ( *i.e.* , the nine programs combined provided a 33 percent benefit). This 33 percent AFA rate does not apply to tax credit and refund programs. For the remaining programs in this investigation (including the tax credit and refund programs), we used the approach from the *CFS China Final,* as discussed above. Specifically, we are applying, where available, the highest subsidy rate calculated for a similar program in the *CFS China Final.* Absent a subsidy rate calculated for a similar program, we are applying the highest subsidy rate for any program otherwise listed in the *CFS China Final. See* CFS Decision Memorandum at “Analysis of Programs.” On this basis, the AFA countervailable subsidy rate determined for Cixi and Polyflex is 70.41 percent *ad valorem. See* Memorandum to the File regarding Adverse Facts Available Rate for China Ningbo Cixi Import Export Corporation and Polyflex Magnets Ltd. (February 19, 2008). 6 6 A copy of this public memorandum in on the public file in the CRU. Due to the circumstances of this case, we are taking public information concerning subsidy programs from the record of the CFS China CVD investigation and placing it on the record of this case for use as AFA because we have no other information on the record of this case from which to select appropriate AFA rates for non-income tax programs, and because this is an investigation, we have no previous segments of the proceeding from which to draw potential AFA rates. *See* Memorandum to the File regarding Placing on the RFM Record the Final Affirmative Countervailing Duty Determination of Coated Free Sheet Paper from the People's Republic of China (February 19, 2008). For the final determination, we invite parties to comment on the AFA rates applied to the programs alleged in this investigation. Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a countervailable subsidy rate for each producer/exporter of the subject merchandise individually investigated. With respect to the all-others rate, section 705(c)(5)(A)(ii) of the Act provides that if the countervailable subsidy rates established for all exporters and producers individually investigated are determined entirely under section 776 of the Act, the Department may use any reasonable method to establish an all-others rate for exporters and producers not individually investigated. In this case, the rate calculated for the two investigated companies is based entirely on facts available under section 776 of the Act. There is no other information on the record upon which we could determine an all-others rate. As a result, we have used the AFA rate calculated for Cixi and Polyflex as the all-others rate. This method is consistent with the Department's past practice. *See Final Affirmative Countervailing Duty Determination: Certain Hot-Rolled Carbon Steel Flat Products From Argentina,* 66 FR 37007, 37008 (July 16, 2001); *see also Final Affirmative Countervailing Duty Determination: Prestressed Concrete Steel Wire Strand From India,* 68 FR 68356, 68357 (December 8, 2003). Producer/Exporter Subsidy rate China Ningbo Cixi Import Export Corporation 70.41 percent *ad valorem* . Polyflex Magnets Ltd 70.41 percent *ad valorem* . All-Others 70.41 percent *ad valorem* . In accordance with sections 703(d)(1)(B) and
(2)of the Act, we are directing U.S. Customs and Border Protection
(CBP)to suspend liquidation of all entries of the subject merchandise from the PRC that are entered or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the **Federal Register** , and to require a cash deposit or bond for such entries of the merchandise in the amounts indicated above. This suspension will remain in effect until further notice. ITC Notification In accordance with section 703(f) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Import Administration. In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination. Disclosure and Public Comment In accordance with 19 CFR 351.224(b), the Department will disclose to the parties the calculations for this preliminary determination within five days of its announcement. Unless otherwise notified by the Department, interested parties may submit case briefs within 50 days of the date of publication of the preliminary determination in accordance with 19 CFR 351.309(c)(i). As part of the case brief, parties are encouraged to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Rebuttal briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the case briefs are filed. *See* 19 CFR 351.309(d). In accordance with 19 CFR 351.310(c), we will hold a public hearing, if requested, to afford interested parties an opportunity to comment on this preliminary determination. Individuals who wish to request a hearing must submit a written request within 30 days of the publication of this notice in the **Federal Register** to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Parties will be notified of the schedule for the hearing and parties should confirm the time, date, and place of the hearing 48 hours before the scheduled time. Requests for a public hearing should contain:
(1)Party's name, address, and telephone number;
(2)the number of participants; and
(3)to the extent practicable, an identification of the arguments to be raised at the hearing. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.221(b)(4). February 19, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-3493 Filed 2-22-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Highly Migratory Species Vessel Logbooks and Cost-Earnings Data Reports AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before April 25, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov).* FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Joseph Desfosse,
(301)713-2347 or *Joseph.Desfosse@noaa.gov* or Margo Schulze-Haugen,
(301)713-2347 or *Margo.Schulze_Haugen@noaa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract Under the provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 *et seq.* ), the National Oceanic and Atmospheric Administration's National Marine Fisheries Service
(NMFS)is responsible for management of the nation's marine fisheries. In addition, NMFS must comply with the United States' obligations under the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 *et seq.* ), which implements the International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations. NMFS collects information via vessel logbooks to monitor the U.S. catch of Atlantic swordfish, sharks, marlins, and tunas in relation to the quotas, thereby ensuring that the United States complies with its domestic and international obligations. The information supplied through vessel logbooks also provides the catch and effort data necessary to assess the status of highly migratory species and to evaluate bycatch in each fishery. International stock assessments for tunas, swordfish, marlins, and some species of sharks are conducted and presented to the ICCAT periodically and provide, in part, the basis for ICCAT management recommendations which become binding on member nations. The domestic stock assessments for most species of sharks are used as the basis of managing these species. Supplementary information on fishing costs and earnings has been collected via this vessel logbook program. This economic information enables NMFS to assess the economic impacts of regulatory programs on small businesses and fishing communities, consistent with the National Environmental Policy Act (NEPA), Executive Order 12866, the Regulatory Flexibility Act, and other domestic laws. II. Method of Collection Logbooks are being completed and submitted in paper form. III. Data *OMB Control Number:* 0648-0371. *Form Number:* NOAA Form 88-191. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 7,451. *Estimated Time per Response:* 10 minutes for cost/earnings summaries attached to logbook reports; 30 minutes for annual expenditure forms; 12 minutes for logbook catch reports; and 2 minutes for negative logbook catch reports. *Estimated Total Annual Burden Hours:* 29,461. *Estimated Total Annual Cost to Public:* $0 (no capital or recordkeeping/reporting expenditures required). IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: February 20, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-3507 Filed 2-22-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Fishery Capacity Reduction Program Buyback Requests AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before April 25, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov).* FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Leo Erwin,
(301)713-2390, or via the Internet at *Leo.Erwin@noaa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract NOAA has established a program to reduce excess fishing capacity by paying fishermen to
(1)surrender their fishing permits or
(2)both surrender their permits and either scrap their vessels or restrict vessel titles to prevent fishing. These fishing capacity reduction programs, or buybacks, can be funded by a Federal loan to the industry or by direct Federal or other funding. These buybacks are conducted pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, and the Magnuson-Stevens Reauthorization Act (Pub. L. 109-479). The regulations implementing the buybacks are at 50 CFR part 600. Depending upon the type of buyback involved, the program can entail the submission of buyback requests by industry, the submission of bids, referenda of fishery participants, and reporting of the collection of fees to repay a Federal loan. For buybacks involving State-managed fisheries, the State may need to develop the buyback plan and comply with other information requirements. The information collected by NMFS is required to request a buyback, submit supporting data for requested buybacks, to submit bids, and to conduct referenda of fishery participants. The recordkeeping and reporting requirements at 50 CFR parts 600.1013 through 600.1017 form the basis for this collection of information on fee payment and collection. NMFS requests information from participating buyback participants. This information, upon receipt, tracks the repayment of the Federal loans that are issued as part of the buybacks, and ensures accurate management and monitoring of the loans during the repayment term. II. Method of Collection Paper reports or electronic reports are required from buyback participants. Methods of submittal include mailing of paper forms, submission of forms via the Internet, and/or facsimile transmission of paper forms. III. Data *OMB Control Number:* 0648-0376. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations; individuals or households; and State, Local, or Tribal government. *Estimated Number of Respondents:* 1,200. *Estimated Time per Response:* 6,634 hours for an implementation plan; 4 hours for a referenda vote; 4 hours for an invitation to bid; 10 minutes to submit a fish ticket; 2 hours for a monthly buyer fee collection report; 4 hours for an annual buyer fee collection report; potentially 270 hours for a State approval of plans and amendments to State fishery management plans; and 1 hour for advising of any holder or owner claims that conflict with accepted bidders' representations about reduction permit ownership or reduction vessel ownership. *Estimated Total Annual Burden Hours:* 46,300. *Estimated Total Annual Cost to Public:* $2,000. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: February 20, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-3508 Filed 2-22-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Commercial Operator's Annual Report
(COAR)AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before April 25, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Patsy A. Bearden,
(907)586-7008 or *patsy.bearden@noaa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract The Magnuson-Stevens Fishery Conservation and Management Act authorizes the North Pacific Fishery Management Council to prepare and amend fishery management plans for any fishery in waters under its jurisdiction. Fishing for groundfish by U.S. vessels in the exclusive economic zone
(EEZ)in waters off the coast of Alaska is managed by the National Marine Fisheries Service
(NMFS)according to the Fishery Management Plan for Groundfish of the Gulf of Alaska and the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Management Area (FMPs). Regulations implementing the FMPs are found at 50 CFR part 679. The owners of shoreside processors and stationary floating processors are required to annually submit the COAR to the State of Alaska, Department of Fish and Game (ADF&G), under Alaska Administrative Code (AAC), chapter 5 AAC 39.130. Owners of catcher/processors and motherships operating in the EEZ off Alaska are required to annually submit the COAR to ADF&G under 50 CFR part 679.5(p). The COAR provides information on exvessel and first wholesale values for statewide fish and shellfish products. Containing information from shoreside processors, stationary floating processors, motherships, and catcher/processors, this data collection yields equivalent annual product value information for all respective processing sectors and provides a consistent time series according to which groundfish resources may be managed more efficiently. II. Method of Collection Paper reports are required from participants; these reports are transmitted by U.S. mail. III. Data *OMB Control Number:* 0648-0428. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 87. *Estimated Time per Response:* 8 hours. *Estimated Total Annual Burden Hours:* 696. *Estimated Total Annual Cost to Public:* $116. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: February 20, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-3509 Filed 2-22-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Sea Grant Review Panel AGENCY: National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of public meeting. SUMMARY: This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Sea Grant Review Panel. Panel members will discuss and provide advice on the National Sea Grant College Program in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the Agenda below. DATES: The announced meeting is scheduled for one and one half days: Wednesday, March 5 and Thursday, March 6, 2008. ADDRESSES: The meeting will be held in the conference room, Consortium for Ocean Leadership, 1201 New York Ave., NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Ms. Kristin Rasmussen, National Sea Grant College Program, National Oceanic and Atmospheric Administration, 1315 East-West Highway, Room 11717, Silver Spring, Maryland 20910, 301-713-1088. SUPPLEMENTARY INFORMATION: The Panel, which consists of a balanced representation from academia, industry, state government and citizens groups, was established by section 209 of the Sea Grant Program Improvement Act of 1976 (Pub. L. 94-461, 33 U.S.C. 1128). The Panel advises the Secretary of Commerce and the Director of the National Sea Grant College Program with respect to operations under the Act, and such other matters as the Secretary refers to them for review and advice. The agenda for the meeting can be found at: *http://www.seagrant.noaa.gov/leadership/review_panel.html.* Dated: February 19, 2008. Mark E. Brown, Chief Financial Officer/Chief Administrative Officer, Office of Oceanic and Atmospheric Research. [FR Doc. E8-3521 Filed 2-22-08; 8:45 am] BILLING CODE 3510-KA-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XF78 North Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public committee meeting. SUMMARY: The North Pacific Fishery Management Council's (Council) Steller Sea Lion Mitigation Committee (SSLMC) will meet in Anchorage, AK. DATES: The meetings will be held March 10, 2008 through March 14, 2008, from 8:30 a.m. to 5 p.m. ADDRESSES: The meetings will be held at the Hawthorne Suite, 1110 West 8th Avenue, Ballroom B, Anchorage, AK. *Council address* : North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252. FOR FURTHER INFORMATION CONTACT: Bill Wilson, North Pacific Fishery Management Council; telephone:
(907)271-2809. SUPPLEMENTARY INFORMATION: The Committee will analyze proposals and develop preliminary recommendations on alternatives to modify fishery management measures. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen,
(907)271-2809, at least 5 working days prior to the meeting date. Dated: February 20, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries Service, National Marine Fisheries Service. [FR Doc. E8-3429 Filed 2-22-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF71 U.S. Climate Change Science Program Synthesis and Assessment Product Draft Report 4.1: “Coastal Elevation and Sensitivity to Sea Level Rise” AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of availability and request for public comments. SUMMARY: The National Oceanic and Atmospheric Administration publishes this notice to announce a 45-day public comment period for the draft document titled, U.S. Climate Change Science Program Synthesis and Assessment Product 4.1: “Coastal elevation and sensitivity to sea level rise.” This draft document is being released solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by NOAA. It does not represent and should not be construed to represent any Agency policy or determination. Any public comments submitted in accordance with this notice will be considered when revising the document. DATES: Comments must be received by April 10, 2008. ADDRESSES: The draft of Synthesis and Assessment Product 4.1: “Coastal elevation and sensitivity to sea level rise” is posted on the CCSP Web site at: *www.climatescience.gov/Library/sap/sap4-1/default.php* Detailed instructions for making comments on the draft Report is provided on the SAP 4.1 webpage. Comments MUST be prepared and submitted in accordance with these instructions. FOR FURTHER INFORMATION CONTACT: Dr. Fabien Laurier, Climate Change Science Program Office, 1717 Pennsylvania Avenue NW, Suite 250, Washington, DC 20006, Telephone:
(202)419-3481. SUPPLEMENTARY INFORMATION: The Climate Change Science Program
(CCSP)was established by the President in 2002 to coordinate and integrate scientific research on global change and climate change sponsored by 13 participating departments and agencies of the U.S. Government. The CCSP is charged with preparing information resources that promote climate-related discussions and decisions, including scientific synthesis and assessment analyses that support evaluation of important policy issues. Synthesis and Assessment Product 4.1 analyzes information from the ongoing mapping efforts by federal and non-federal researchers related to the implications of rising sea level. The report will also develop a plan for sea level rise research to answer the questions that are most urgent for near-term decision-making. This report will provide information that supports the specific goal in Chapter 9 of the Strategic Plan for the Climate Change Science Program to analyze how coastal environmental programs can be improved to adapt to sea level rise while enhancing economic growth. Dated: February 19, 2008. William J. Brennan, Deputy Assistant Secretary of Commerce for International Affairs, and Acting Director, Climate Change Science Program. [FR Doc. E8-3513 Filed 2-22-08; 8:45 am] BILLING CODE 3510-12-S COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission. TIME AND DATE: 11 a.m., Friday March 7, 2008. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Surveillance Matters. FOR FURTHER INFORMATION CONTACT: Sauntia S. Warfield, 202-418-5084. David A. Stawick, Secretary of the Commission. [FR Doc. 08-844 Filed 2-21-08; 11:53 am]
Connectionstraces to 20
Traces to 20 documents
CFR
12 references not yet in our index
  • 15 USC 4001-21
  • 15 CFR 325
  • 132 F. Supp. 2d 1
  • 688 F. Supp. 639
  • 865 F.2d 240
  • 492 U.S. 919
  • 899 F.2d 1185
  • Pub. L. 109-479
  • 50 CFR 600
  • 50 CFR 679
  • 50 CFR 679.5(p)
  • Pub. L. 94-461
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cites case law
Notices
Notice of application for an Export Trade Certificate of Review from Wilco Machine & Fab, Inc
C.F.R.§ 325.6
U.S.C.§ 552
C.F.R.§ 325.11
C.F.R.§ 351.214
C.F.R.§ 351.221
C.F.R.§ 351.305
C.F.R.§ 351.203
C.F.R.§ 351.205
C.F.R.§ 351.213
F. Supp.132 F. Supp. 2d 1
F. Supp.688 F. Supp. 639
F. App'x865 F.2d 240
Cites 32 · showing 12Cited by 0 across 0 sources
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