7566 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 

1See Saccharin from the People’s Republic of 

China: Preliminary Results of Changed 

Circumstances Review, 74 FR 62745 (December 1, 

2009) (‘‘Preliminary Results’’). 

2See Notice of Antidumping Duty Order: 

Saccharin from the People’s Republic of China, 68 

FR 40906 (June 9, 2003) (‘‘Saccharin Order’’). 

3See Continuation of Antidumping Duty Order on 

Saccharin from the People’s Republic of China, 74 

FR 27089 (June 8, 2009). 

4Although Kinetic filed a letter opposing 

PMCSG’s request for changed circumstances review 

on July 2, 2009, the Department rejected that letter 

because it did not contain the appropriate 

certifications. The Department requested that 

Kinetic re-file its submission by July 10, 2009. On 

July 9, 2009, Kinetic refiled its submission with the 

appropriate certifications. 

5See Memorandum to The File, ‘‘Changed 

Circumstances Review of Saccharin from the 

People’s Republic of China: Phone Call to Wiley 

Rein LLP’’ (August 28, 2009). 

Dated: February 4, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

APPENDIX I 

List of Comments in the Accompanying 

Issues and Decision Memorandum 

Company–Specific Issues 

Blue Bird 

IScholar 

Comment 1: Whether the Transaction– 

Specific Margin Assigned to Blue Bird 

Is Aberrational 

Navneet 

Comment 2: Whether to Use the Invoice 

Date or Purchase Order Date for U.S. 

Sales 

Comment 3: Navneet’s Model Match 

Sub–Codes 

Comment 4: Offset of Countervailing 

Duty Duties 

Comment 5: Levels of Trade 

Comment 6: Treatment of 

Merchandising Expense 

Comment 7: Treatment of Negative 

Dumping Margins (Zeroing) 

[FR Doc. 2010–3404 Filed 2–19–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–878] 

Saccharin from the People’s Republic 

of China: Final Results of Changed 

Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) published its 

preliminary results of changed 

circumstances review for saccharin from 

the People’s Republic of China in 

(‘‘PRC’’) on December 1, 2009.1 We 

invited interested parties to comment on 

our preliminary results. No parties 

commented on our preliminary results. 

Therefore, the preliminary results are 

hereby adopted as the final results. 

DATES: Effective Date: 

February 22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Giselle Cubillos 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) 482–1778 and (202) 

482–0650, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 9, 2003, the Department 

published in the Federal Register an 

antidumping duty order on saccharin 

from the PRC.2 On June 8, 2009, the 

Department published in the Federal 

Register the notice of continuation of 

antidumping duty order on saccharin 

from the PRC.3 On June 4, 2009, the 

Department received a request on behalf 

of PMC Specialties Group, Inc. 

(‘‘PMCSG’’) for a changed circumstances 

review to revoke the antidumping duty 

order on saccharin from the PRC. 

PMCSG claimed that, as the sole 

domestic producer of saccharin, it no 

longer had an interest in the Saccharin 

Order. As part of its submission, 

PMCSG requested that the Department 

combine the notice of initiation with the 

preliminary results to revoke the 

Saccharin Order. 

On July 9, 2009, the Department 

received a letter opposing the request 

for a changed circumstances review 

from Kinetic Industries (‘‘Kinetic’’).4

Kinetic claimed that it produces 

saccharin through a third party toller in 

the United States and that both parties, 

Kinetic and its toll producer, are 

interested parties as domestic producers 

of saccharin. Both Kinetic and its toll 

producer requested that the Department 

not issue expedited preliminary results 

in this changed circumstances review. 

On July 23, 2009, the Department 

published in the Federal Register a 

notice of initiation of changed 

circumstances review for saccharin from 

the PRC. On July 23, 2009, the 

Department also issued questionnaires 

to PMCSG, Kinetic, and Kinetic’s toller 

to solicit relevant information and fully 

evaluate the request to revoke the 

Saccharin Order, as well as the 

arguments against revocation. On July 

24, 2009, the Department issued a letter 

to Kinetic and its toller notifying them 

that the Department could not grant 

proprietary treatment to the toll 

producer’s name if the toll producer 

wished to be an interested party to the 

proceeding, and that, should the toller 

wish to continue as an interested party, 

the toller would need to submit a 

revised notice of appearance without its 

name bracketed. The toller did not 

submit a revised notice of appearance. 

On August 17, 2009, the Department 

received questionnaire responses from 

Kinetic and Kinetic’s toller. The 

Department has not received any 

response from PMCSG. In addition, 

PMCSG indicated to the Department 

that it would not respond to the 

questionnaire.5

On September 4, 2009, Kinetic 

submitted a letter urging the Department 

to issue expedited negative preliminary 

results of the changed circumstances 

review and determine that domestic 

producers have affirmatively expressed 

an interest in maintaining the Saccharin 

Order. On October, 26 2009, PMCSG 

submitted a letter stating that it 

determined not to respond to the 

Department’s July 23, 2009, 

questionnaire, and that it is PMCSG’s 

position that the record contains 

substantial evidence that it is a 

commercial producer and accounts for 

all U.S. production. 

On December 1, 2009, the Department 

published its preliminary results. No 

parties commented on our preliminary 

results. 

Scope of the Order 

The product covered by this 

antidumping duty order is saccharin. 

Saccharin is defined as a non–nutritive 

sweetener used in beverages and foods, 

personal care products such as 

toothpaste, table top sweeteners, and 

animal feeds. It is also used in 

metalworking fluids. There are four 

primary chemical compositions of 

saccharin: (1) Sodium saccharin 

(American Chemical Society Chemical 

Abstract Service (‘‘CAS’’) Registry 128– 

44–9); (2) calcium saccharin (CAS 

Registry 6485–34–3); (3) acid (or 

insoluble) saccharin (CAS Registry 81– 

07–2); and (4) research grade saccharin. 

Most of the U.S.-produced and imported 

grades of saccharin from the PRC are 

sodium and calcium saccharin, which 

are available in granular, powder, 

spray–dried powder, and liquid forms. 

The merchandise subject to this order is 

currently classifiable under subheading 

2925.11.00 of the Harmonized Tariff 

Schedule of the United States 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 7567 

6See Saccharin from the People’s Republic of 

China: Notice of Final Results of Expedited Sunset 

Review of Antidumping Duty Order, 73 FR 59604 

(October 9, 2008). 

(‘‘HTSUS’’) and includes all types of 

saccharin imported under this HTSUS 

subheading, including research and 

specialized grades. Although the 

HTSUS subheading is provided for 

convenience and customs purposes, the 

Department’s written description of the 

scope of this order remains dispositive. 

Analysis of Comments Received 

No parties commented on the 

preliminary results. 

Final Results of Changed 

Circumstances Review 

As the Department explained in the 

Preliminary Results, in the five-year 

sunset review of this order, the 

Department stated that ‘‘PMCSG claimed 

interested party status under section 

771(9)(C) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), as the sole 

domestic producer of saccharin in the 

United States and the petitioner in the 

original investigation,’’ which was not 

contested during the sunset review.6

However, since PMCSG failed to 

respond to the Department’s 

questionnaire in the instant review, the 

Department is unable to determine 

PMCSG’s status as a producer of the 

domestic like product during the instant 

review period and whether it represents 

‘‘substantially all of the production of 

the domestic like product,’’ as required 

under the Department’s regulations 

governing revocation. See 19 CFR 

351.222(g)(1)(i). Accordingly, we are 

notifying the public of our intent to not 

revoke the antidumping duty order as it 

relates to imports of saccharin from the 

People’s Republic of China. 

This notice of the final results of this 

administrative review is issued and 

published in accordance with sections 

751(a)(1) and 777(i) of the Act. 

Dated: February 4, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–3410 Filed 2–19–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU41 

Marine Mammals; File No. 13545 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: Notice is hereby given that 

Ocean Alliance, Inc. (Responsible Party: 

Iain Kerr), 191 Weston Road, Lincoln, 

MA 01773, has been issued a permit to 

conduct research on and import 

specimens of marine mammals. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

(See SUPPLEMENTARY INFORMATION). 

FOR FURTHER INFORMATION CONTACT: 

Amy Hapeman or Amy Sloan, (301)713– 

2289. 

SUPPLEMENTARY INFORMATION: On August 

20, 2008, notice was published in the 

Federal Register (73 FR 49174) that a 

request for a scientific research permit 

to take sperm (Physeter macrocephalus), 

blue (Balaenoptera musculus), Bryde’s 

(B. edeni), dwarf sperm (Kogia sima), 

false killer (Pseudorca crassidens), fin 

(B. physalus), gray (Eschrichtius 

robustus), humpback (Megaptera 

novaeangliae), killer (Orcinus orca), 

minke (B. acutorostrata), pilot 

(Globicephala spp.), pygmy sperm (K. 

breviceps), sei (B. borealis), southern 

right (Eubalaena australis), northern 

right (E. glacialis), and unidentified 

beaked (Ziphius cavirostris and 

Mesoplodon spp.) whales, and common 

dolphins (Delphinus delphis), had been 

submitted by the above-named 

organization. The requested permit has 

been issued under the authority of the 

Marine Mammal Protection Act of 1972, 

as amended (16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216), the Endangered Species Act of 

1973, as amended (ESA; 16 U.S.C. 1531 

et seq.), and the regulations governing 

the taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226). 

Permit No. 13545 authorizes Ocean 

Alliance, Inc. to conduct research over 

a five-year period to determine 

contaminant levels; culture cells; and 

collect data on abundance, movement 

and distribution patterns, habitat use, 

energetics, behaviors, and stock and 

social structures of the above identified 

species. During vessel surveys 

researchers may harass live animals and 

collect tissues from dead, stranded 

cetaceans in U.S. waters and on the high 

seas. Researchers may conduct: biopsy 

sampling, collection of sloughed skin 

and feces, photo-identification, 

videography, passive acoustic recording, 

focal follows, and behavioral 

observation of up to 250 sperm whales 

annually and 20 animals annually for 

each of the above remaining species, 

except southern right whales. 

Researchers may import from foreign 

waters 150 sperm whale samples per 

year and 20 samples per year each for 

all other identified species. Research 

may occur in U.S. waters and the high 

seas of the Pacific and Atlantic Oceans, 

including the Gulf of Maine, Mexico 

and the Caribbean Sea, the territorial 

waters of Mexico, Indian Ocean, and 

Mediterranean Sea. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an environmental 

assessment was prepared analyzing the 

effects of the permitted activities. After 

a Finding of No Significant Impact, the 

determination was made that it was not 

necessary to prepare an environmental 

impact statement. 

Issuance of this permit, as required by 

the ESA, was based on a finding that 

such permit: (1) was applied for in good 

faith; (2) will not operate to the 

disadvantage of such endangered 

species; and (3) is consistent with the 

purposes and policies set forth in 

section 2 of the ESA. 

Documents may be reviewed in the 

following locations: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; 

Northwest Region, NMFS, 7600 Sand 

Point Way NE, BIN C15700, Bldg. 1, 

Seattle, WA 98115–0700; phone 

(206)526–6150; fax (206)526–6426; 

Alaska Region, NMFS, P.O. Box 

21668, Juneau, AK 99802–1668; phone 

(907)586–7221; fax (907)586–7249; 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018; 

Pacific Islands Region, NMFS, 1601 

Kapiolani Blvd., Rm 1110, Honolulu, HI 

96814–4700; phone (808)944–2200; fax 

(808)973–2941; 

Northeast Region, NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930; 

phone (978)281–9328; fax (978)281– 

9394; and 

Southeast Region, NMFS, 263 13th 

Avenue South, Saint Petersburg, Florida 

33701; phone (727)824–5312; fax 

(727)824–5309. 

Dated: February 16, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–3364 Filed 2–19–10; 8:45 am] 

BILLING CODE 3510–22–S 


cprice-sewell on DSK2BSOYB1PROD with NOTICES