Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 8301 

DATES: Written comments must be 

submitted on or before April 26, 2010. 

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 Marc Lemmond, Office of 

Energy & Environmental Industries, 

(202) 482–3889, fax: (202) 482–5665, or 

marc.lemmond@trade.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The International Trade 

Administration’s Office of Energy and 

Environmental Industries (OEEI) is the 

principal resource and key contact point 

within the U.S. Department of 

Commerce for American energy and 

environmental technology companies. 

The goal of OEEI is to facilitate and 

increase exports of energy and 

environmental technologies, goods and 

services by providing support and 

guidance to U.S. exporters. One aspect 

of increasing exports is to reduce trade 

barriers and non-tariff measures. OEEI 

works closely with the Office of the U.S. 

Trade Representative on trade 

negotiations and trade liberalization 

initiatives. The information collected by 

this survey will be used to support these 

projects and enable OEEI to maintain a 

current, up-to-date list of non-tariff 

measures that create trade barriers for 

U.S. exports of environmental goods 

and services. 

II. Method of Collection 

Electronic submission via http:// 

www.export.gov/envirotech. 

III. Data 

OMB Control Number: 0625–0241. 

Form Number: ITA–4150P. 

Type of Review: Regular submission. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

200. 

Estimated Time Per Response: 10 

minutes. 

Estimated Total Annual Burden 

Hours: 33. 

Estimated Total Annual Costs: $0. 

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 19, 2010. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2010–3638 Filed 2–23–10; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–849 

Certain Cut–to-Length Carbon Steel 

Plate From the People’s Republic of 

China: Final Results of the 2007–2008 

Administrative Review of the 

Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 10, 2009, the 

Department of Commerce 

(‘‘Department’’) published Certain Cut– 

to-Length Carbon Steel Plate From the 

People’s Republic of China: Preliminary 

Results and Partial Rescission of 

Antidumping Duty Administrative 

Review, 74 FR 39921 (August 10, 2009) 

(‘‘Preliminary Results’’). The period of 

review (‘‘POR’’) is November 1, 2007, 

through October 31, 2008. The 

administrative review covers one 

respondent, Hunan Valin Xiangtan Iron 

& Steel Co., Ltd. (‘‘Valin Xiangtan’’). 

We invited interested parties to 

comment on our Preliminary Results. 

Based on our analysis of the comments 

received, we made certain changes to 

our margin calculation for Valin 

Xiangtan. The final dumping margin for 

this review is listed in the ‘‘Final Results 

Margins’’ section below. 

EFFECTIVE DATE: February 24, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Demitrios Kalogeropoulos or Trisha 

Tran, 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) 482–2623 

and (202) 482–4852, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 10, 2009, the Department 

published its Preliminary Results in the 

antidumping duty administrative review 

of certain cut–to-length carbon steel 

plate (‘‘CTL plate’’) from the People’s 

Republic of China (‘‘PRC’’). 

On August 8, 2009, Valin Xiangtan 

and domestic interested party, Nucor 

Corporation (‘‘Nucor’’) submitted 

surrogate value information. On August 

17, 2009 Valin Xiangtan submitted 

rebuttal comments for the surrogate 

value information submitted by Nucor. 

We received additional factual 

information regarding the 

implementation of export licenses on 

August 20, 2009, from Nucor and Valin 

Xiangtan. On September 2, 2009, we 

received the second supplemental 

Section D questionnaire response from 

Valin Xiangtan. On September 9, 2009, 

Nucor submitted a request for a formal 

hearing regarding issues raised in its 

case and rebuttal brief, and submitted a 

letter withdrawing the request for a 

hearing on October 16, 2009. Valin 

Xiangtan submitted its case brief and 

rebuttal brief on October 1, and October 

13, 2009, respectively. Nucor submitted 

its case brief and rebuttal brief on 

October 1, and October 9, 2009, 

respectively. On October 9, 2009, Valin 

Xiangtan submitted comments regarding 

alleged new factual information in 

Nucor’s case brief. On October 15, 2009, 

Nucor replied to the October 9, 2009, 

comments from Valin Xiangtan. On 

November 4, 2009, the Department 

drafted a Memo to the File stating that 

allegations of new factual information 

were unfounded. On November 20, 

2009, the Department extended the 

deadline for the final results of review. 

See Certain Cut–to-Length Carbon Steel 

Plate from the People’s Republic of 

China: Notice of Extension of Time 

Limit for Final Results of Administrative 

Review, 74 FR 60237 (November 20, 

2009). 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs filed by parties in this 

review are addressed in the 

Memorandum from John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, regarding, Certain Cut– 

to-Length Carbon Steel Plate From the 


pwalker on DSK8KYBLC1PROD with NOTICES
8302 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 

1 Inadvertently, the scope listed in the 

Preliminary Results included the following 

language: ‘‘{a}lso excluded from the order is certain 

carbon cut-to-length steel plate with a maximum 

thickness of 80 mm in steel grades BS 7191, 355 

EM, and 355 EMZ, as amended by Sable Offshore 

Energy Project specification XB MOO Y 15 0001, 

types 1 and 2.’’ This exclusion is not part of the 

scope, but was inadvertently included after a 

changed circumstances review on CTL plate from 

Finland, Germany, and the UK. See Certain Cut-ToLength Carbon Steel Plate from Finland, Germany 

and the United Kingdom: Final Results of Changed 

Circumstances Antidumping Duty and 

Countervailing Duty Reviews, and Revocation of 

Orders in Part, 64 FR 46343 (August 25, 1999). See 

also Continuation of Antidumping Duty Order on 

Certain Cut-to-Length Carbon Steel Plate from the 

People’s Republic of China and Continuation of 

Suspended Antidumping Duty Investigations on 

Certain Cut-to-Length Carbon Steel Plate from the 

Russian Federation and Ukraine, 74 FR 57994 

(November 10, 2009). Accordingly, this language is 

removed from the scope for these final results. 

People’s Republic of China: Issues and 

Decision Memorandum for the Final 

Results of the 2007–2008 

Administrative Review, dated 

concurrently with this notice (‘‘Issues 

and Decision Memorandum’’), which is 

hereby adopted by this notice. A list of 

the issues that parties raised and to 

which we responded in the Issues and 

Decision Memorandum follows as an 

appendix to this notice. The Issues and 

Decision Memorandum is a public 

document and is on file in the Central 

Records Unit (‘‘CRU’’), Main Commerce 

Building, Room 1117, and is also 

accessible on the Web at http:// 

ia.ita.doc.gov/frn. The paper copy and 

electronic version of the Issues and 

Decision Memorandum are identical in 

content. 

Period of Review 

The POR is November 1, 2007, 

through October 31, 2008. 

Scope of the Order 

The products covered by the order are 

hot–rolled carbon steel universal mill 

plates (i.e., flat–rolled products rolled 

on four faces or in a closed box pass, of 

a width exceeding 150 mm but not 

exceeding 1250 mm and of a thickness 

of not less than 4 mm, not in coils and 

without patterns in relief), of 

rectangular shape, neither clad, plated 

nor coated with metal, whether or not 

painted, varnished, or coated with 

plastics or other nonmetallic substances; 

and certain carbon steel flat–rolled 

products in straight lengths, of 

rectangular shape, hot–rolled, neither 

clad, plated, nor coated with metal, 

whether or not painted, varnished, or 

coated with plastics or other 

nonmetallic substances, 4.75 mm or 

more in thickness and of a width which 

exceeds 150 mm and measures at least 

twice the thickness as currently 

classifiable in the Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’) under item numbers 

7208.40.3030, 7208.40.3060, 

7208.51.0030, 7208.51.0045, 

7208.51.0060, 7208.52.0000, 

7208.53.0000, 7208.90.0000, 

7210.70.3000, 7210.90.9000, 

7211.13.0000, 7211.14.0030, 

7211.14.0045, 7211.90.0000, 

7212.40.1000, 7212.40.5000, 

7212.50.0000. Included in the order are 

flat–rolled products of non–rectangular 

cross-section where such cross-section 

is achieved subsequent to the rolling 

process (i.e., products which have been 

‘‘worked after rolling’’)--for example, 

products which have been beveled or 

rounded at the edges. Excluded from the 

subject merchandise within the scope of 

this order and these Agreements is grade 

X–70 plate. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of the 

order and the Agreements is 

dispositive.1

Changes Since the Preliminary Results 

Based on an analysis of the comments 

received, the Department has made 

certain changes to the margin 

calculation for Valin Xiangtan. For the 

final results, the Department has made 

the following changes: 

• We have revised the surrogate value 

for certain gas by–products. See Issues 

and Decisions Memorandum at 

Comment 5; see also Memorandum 

regarding, Factors Valuations for the 

Final Results of the 2007–2008 

Administrative Review of the 

Antidumping Duty Order on Certain 

Cut–to-Length Carbon Steel Plate From 

the People’s Republic of China, dated 

concurrently with this notice (‘‘Final SV 

Memo’’). 

• We have revised the surrogate value 

for dolomite in our margin calculation. 

See Issues and Decisions Memorandum 

at Comment 6; see also Final SV Memo. 

• We have granted certain by–product 

offsets in our margin calculation. See 

Issues and Decisions Memorandum at 

Comment 10; see also Memorandum 

regarding, 2007–2008 Administrative 

Review of the Antidumping Duty Order 

on Certain Cut–to-Length Carbon Steel 

Plate From the People’s Republic of 

China: Analysis of the Final Results 

Margin Calculation for Valin Xiangtan, 

dated concurrently with this notice 

(‘‘Final Analysis Memorandum’’). 

• We have fixed certain programming 

errors. See Issues and Decisions 

Memorandum at Comment 11; see also 

Final Analysis Memorandum. 

• We have valued electrodes in our 

normal value calculation. See Issues and 

Decisions Memorandum at Comment 

12; see also Final Analysis 

Memorandum. 

Final Results Margin 

We determine the weighted–average 

dumping margin for Valin Xiangtan for 

the period November 1, 2007, through 

October 31, 2008, to be 0.00 percent. 

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act and 19 CFR 351.212(b), the 

Department will determine, and U.S. 

Customs and Border Protection (‘‘CBP’’) 

shall assess, antidumping duties on all 

appropriate entries of subject 

merchandise in accordance with the 

final results of this review. For 

assessment purposes, we calculated 

importer (or customer)-specific 

assessment rates for merchandise 

subject to this review. Where 

appropriate, we calculated an ad 

valorem rate for each importer (or 

customer) by dividing the total dumping 

margins for reviewed sales to that party 

by the total entered values associated 

with those transactions. For duty– 

assessment rates calculated on this 

basis, we will direct CBP to assess the 

resulting ad valorem rate against the 

entered customs values for the subject 

merchandise. Where appropriate, we 

calculated a per–unit rate for each 

importer (or customer) by dividing the 

total dumping margins for reviewed 

sales to that party by the total sales 

quantity associated with those 

transactions. For duty–assessment rates 

calculated on this basis, we will direct 

CBP to assess the resulting per–unit rate 

against the entered quantity of the 

subject merchandise. Where an importer 

(or customer)-specific assessment rate is 

de minimis (i.e., less than 0.50 percent), 

the Department will instruct CBP to 

liquidate that importer (or customer’s) 

entries of subject merchandise without 

regard to antidumping duties, in 

accordance with 19 CFR 351.106(c)(2). 

We intend to instruct CBP to liquidate 

entries containing subject merchandise 

exported by the PRC–wide entity at the 

estimated antidumping duty rate in 

effect at the time of entry. The 

Department intends to issue assessment 

instructions to CBP 15 days after the 

date of publication of these final results 

of review. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 8303 

date, as provided for by section 

751(a)(2)(C) of the Act: 1) for Valin 

Xiangtan, the cash deposit rate will be 

0.00 percent, as listed above; 2) for 

previously investigated or reviewed PRC 

and non–PRC exporters not listed above 

that have separate rates, the cash 

deposit rate will continue to be the 

exporter–specific rate published for the 

most recent period; 3) for all PRC 

exporters of subject merchandise which 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC–wide rate of 128.59 percent; 

and 4) for all non–PRC exporters of 

subject merchandise which have not 

received their own rate, the cash deposit 

rate will be the rate applicable to the 

PRC exporter that supplied that non– 

PRC exporter. The deposit requirements 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of the antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification Regarding APOs 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (‘‘APOs’’) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under the APO in accordance 

with 19 CFR 351.305(a)(3), 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. 

Disclosure 

We will disclose the calculations 

performed within five days of the date 

of publication of this notice to parties in 

this proceeding in accordance with 19 

CFR 351.224(b). 

We are issuing and publishing the 

final results and notice in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act. 

Dated: February 16, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix I 

Comment 1: Whether to Deny Valin 

Xiangtan a Separate Rate 

Comment 2: Whether the Department’s 

Separate Rate Test is Flawed 

Comment 3: Whether to Collapse Valin 

Xiangtan with Other Producers 

Comment 4: Selection of POR for SVs, 

ME purchases, and FOP data 

Comment 5: Surrogate Value of Certain 

Gas By–Products 

Comment 6: Valuation of Dolomite 

Comment 7: Valuation of Ferric Oxide 

Comment 8: Selection of Financial 

Statements 

Comment 9: Treatment of Subsidized 

Countries in Import Statistics 

Comment 10: Whether to Grant By– 

Product Offsets 

Comment 11: Programming Errors - 

Distances 

Comment 12: Valuing Electrodes 

[FR Doc. 2010–3743 Filed 2–23–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XK26 

Marine Mammals; File No. 13430 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: Notice is hereby given that 

NMFS National Marine Mammal 

Laboratory, (Responsible Party: Dr. John 

Bengtson, Director), Seattle, WA, has 

been issued a permit to conduct 

research on marine mammals. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 

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; and 

Northwest Region, NMFS, 7600 Sand 

Point Way NE, BIN C15700, Bldg. 1, 

Seattle, WA 98115–0700; phone (206) 

526–6150; fax (206) 526–6426. 

FOR FURTHER INFORMATION CONTACT: 

Tammy Adams or Kate Swails, (301) 

713–2289. 

SUPPLEMENTARY INFORMATION: On 

September 8, 2008, notice was 

published in the Federal Register (73 

FR 52027) that a request for a permit to 

conduct research on Pacific harbor seals 

(Phoca vitulina), California sea lions 

(Zalophus californianus), and northern 

elephant seals (Mirounga angustirostris) 

within coastal waters and on pinniped 

rookeries and haul outs of Washington 

and Oregon had been submitted by the 

above-named applicant. On September 

18, 2009, a notice was published in the 

Federal Register (74 FR 47918) 

announcing that the applicant had 

revised their request for a permit to 

include Eastern Distinct Population 

Segment Steller sea lions (Eumetopias 

jubatus) and Southern Resident killer 

whales (Orcinus orca). 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). 

The permit is valid through January 

31, 2015, for harassment of marine 

mammals during aerial, vessel, and 

ground surveys; capture of pinnipeds 

for collection of tissue samples, 

attachment of scientific instruments and 

application of marks (flipper tags, 

brands, etc.); and harassment of marine 

mammals during underwater playback 

experiments. The permit also allows for 

a limited number of research-related 

mortality of marine mammals. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

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

assessment (EA) was prepared analyzing 

the effects of the permitted activities on 

the human environment. Based on the 

analyses in the EA, NMFS determined 

that issuance of the permit would not 

significantly impact the quality of the 

human environment and that 

preparation of an environmental impact 

statement was not required. That 

determination is documented in a 

Finding of No Significant Impact 

(FONSI), signed on February 16, 2010. 

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. 


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