Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 41681 

molybdenum, or 0.10 percent of 

niobium, or 0.15 percent vanadium, or 

0.15 percent of zirconium. 

The description of carbon–quality is 

intended to identify carbon–quality 

products within the scope. The welded 

carbon–quality rectangular pipe and 

tube subject to this order is currently 

classified under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheadings 7306.61.50.00 and 

7306.61.70.60. While HTSUS 

subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of this 

order is dispositive. 

Final Results of Changed 

Circumstances Review 

Based on the information provided by 

Ternium, the Department’s analysis in 

the Preliminary Results, and the fact 

that interested parties did not submit 

any briefs during the comment period, 

the Department hereby determines that 

Ternium is the successor–in-interest to 

Hylsa for antidumping duty cash 

deposit purposes. 

Instructions to U.S. Customs and 

Border Protection 

The Department will instruct U.S. 

Customs and Border Protection to 

continue to suspend liquidation of all 

shipments of the subject merchandise 

produced and exported by Ternium 

entered, or withdrawn from warehouse, 

for consumption, on or after the 

publication date of this notice in the 

Federal Register at 3.76 percent (i.e., 

Hylsa’s cash deposit rate). This deposit 

requirement shall remain in effect until 

further notice. 

Notification Regarding Administrative 

Protective Order 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APOs) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.306. Timely written 

notification of the return/destruction of 

APO materials or conversion to judicial 

protective order is herby requested. 

Failure to comply with the regulations 

and terms of an APO is a sanctionable 

violation. 

We are issuing and publishing these 

final results and notice in accordance 

with sections 751(b)(1) and 777(i)(1) and 

(2) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.216. 

Dated: August 11, 2009. 

Carole Showers, 

Acting Deputy Assistant Secretary For Policy 

and Negotiations. 

[FR Doc. E9–19822 Filed 8–17–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–805] 

Final Results of Antidumping Duty 

Changed Circumstances Review: 

Certain Circular Welded Non–Alloy 

Steel Pipe and Tube from Mexico 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On June 18, 2009, the 

Department of Commerce (the 

Department) made its preliminary 

determination that Ternium Mexico 

S.A. de C.V. (Ternium) is the successor– 

in-interest to Hylsa S.A. de C.V. (Hylsa) 

and should be treated as such for 

antidumping duty cash deposit 

purposes. See Notice of Preliminary 

Results of Antidumping Duty Changed 

Circumstances Review: Certain Circular 

Welded Non–Alloy Steel Pipe and Tube 

from Mexico, 74 FR 28883 (June 18, 

2009) (Preliminary Results). For 

purposes of these final results of review, 

the Department has determined that 

Ternium is the successor–in-interest to 

Hylsa and, as a result, should be 

accorded the same treatment previously 

accorded to Hylsa in regard to the 

antidumping duty order on certain 

circular welded non–alloy steel pipe 

and tube (standard pipe and tube) from 

Mexico as of the date of publication of 

this notice in the Federal Register. 

DATES: Effective Date: August 18, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

Drury or Brian Davis, AD/CVD 

Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–0195 or (202) 482– 

7924, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 3, 2008, Ternium 

requested that the Department conduct 

a changed circumstances review of the 

antidumping duty order on standard 

pipe and tube from Mexico to determine 

whether Ternium is the successor–ininterest to Hylsa and should be treated 

as such for antidumping duty cash 

deposit purposes. See Notice of 

Initiation of Antidumping Duty Changed 

Circumstances Review: Circular Welded 

Non–Alloy Steel Pipe and Tube, 73 FR 

63682 (October 27, 2008) (Notice of 

Initiation). On June 18, 2009, the 

Department made its preliminary 

determination that Ternium is the 

successor–in-interest to Hylsa and 

should be treated as such for 

antidumping duty cash deposit 

purposes. See Preliminary Results. 

On July 14, 2009, the Department 

published in the Federal Register a 

notice extending the time limit for these 

final results to August 17, 2009. See 

Circular Welded Non–Alloy Steel Pipe 

and Tube from Mexico; Extension of 

Time Limit for Final Results of 

Antidumping Duty Changed 

Circumstances Review, 74 FR 33994 

(July 14, 2009). 

In the Preliminary Results, we stated 

that interested parties could request a 

hearing no later than 30 days after the 

publication of the Preliminary Results, 

submit case briefs to the Department no 

later than 30 days after the publication 

of the Preliminary Results, and submit 

rebuttal briefs, limited to the issues 

raised in those case briefs, five days 

subsequent to the case briefs’ due date. 

We did not receive any hearing requests 

or comments on the Preliminary Results. 

Scope of the Order 

The products covered by this order 

are circular welded non–alloy steel 

pipes and tubes, of circular crosssection, not more than 406.4 millimeters 

(16 inches) in outside diameter, 

regardless of wall thickness, surface 

finish (black, galvanized, or painted), or 

end finish (plain end, beveled end, 

threaded, or threaded and coupled). 

These pipes and tubes are generally 

known as standard pipes and tubes and 

are intended for the low–pressure 

conveyance of water, steam, natural gas, 

and other liquids and gases in plumbing 

and heating systems, air conditioning 

units, automatic sprinkler systems, and 

other related uses, and generally meet 

ASTM A–53 specifications. 

Standard pipes and tubes may also be 

used for light load–bearing applications, 

such as for fence tubing, and as 

structural pipe tubing used for framing 

and support members for reconstruction 

or load–bearing purposes in the 

construction, shipbuilding, trucking, 

farm equipment, and related industries. 

Unfinished conduit pipe is also 

included in this order. All carbon steel 

pipes and tubes within the physical 

description outlined above are included 

within the scope of this order, except 

line pipe, oil country tubular goods, 

boiler tubing, mechanical tubing, pipe 

and tube hollows for redraws, finished 


jlentini on DSKJ8SOYB1PROD with NOTICES
41682 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 

scaffolding, and finished conduit. 

Standard pipe and tube that is dual or 

triple certified/stenciled that enters the 

United States as line pipe of a kind used 

for oil or gas pipelines is also not 

included in this order. 

Imports of the products covered by 

this order are currently classifiable 

under the following Harmonized Tariff 

Schedule (HTS) subheadings: 

7306.30.10.00, 7306.30.50.25, 

7306.30.50.32, 7306.30.50.40, 

7306.30.50.55, 7306.30.50.85, and 

7306.30.50.90. Although the HTS 

subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of this 

order is dispositive. 

Final Results of Changed 

Circumstances Review 

Based on the information provided by 

Ternium, the Department’s analysis in 

the Preliminary Results, and the fact 

that interested parties did not submit 

any briefs during the comment period, 

the Department hereby determines that 

Ternium is the successor–in-interest to 

Hylsa for antidumping duty cash 

deposit purposes. 

Instructions to U.S. Customs and 

Border Protection 

The Department will instruct U.S. 

Customs and Border Protection to 

continue to suspend liquidation of all 

shipments of the subject merchandise 

produced and exported by Ternium 

entered, or withdrawn from warehouse, 

for consumption, on or after the 

publication date of this notice in the 

Federal Register at 10.38 percent (i.e., 

Hylsa’s cash deposit rate). This deposit 

requirement shall remain in effect until 

further notice. 

Notification Regarding Administrative 

Protective Order 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APOs) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.306. Timely written 

notification of the return/destruction of 

APO materials or conversion to judicial 

protective order is herby requested. 

Failure to comply with the regulations 

and terms of an APO is a sanctionable 

violation. 

We are issuing and publishing these 

final results and notice in accordance 

with sections 751(b)(1) and 777(i)(1) and 

(2) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.216. 

Dated: August 11, 2009. 

Carole Showers, 

Acting Deputy Assistant Secretary for Policy 

and Negotiations. 

[FR Doc. E9–19783 Filed 8–17–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ23 

Fisheries in the Western Pacific; 

Marine Conservation Plan for Pacific 

Insular Areas; American Samoa 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of agency decision. 

SUMMARY: NMFS announces the 

approval of a marine conservation plan 

(MCP) for American Samoa. 

DATES: This agency decision is effective 

August 11, 2009, through August 10, 

2012. 

ADDRESSES: Copies of the MCP are 

available from the Western Pacific 

Fishery Management Council (Council), 

1164 Bishop St., Suite 1400, Honolulu, 

HI 96813, tel 808–522–8220, fax 808– 

522–8226. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, Sustainable Fisheries, 

NMFS Pacific Islands Region, at 808– 

944–2108. 

SUPPLEMENTARY INFORMATION: Under 

Section 204(e)(1)(A)of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), the Secretary of State, with the 

concurrence of the Secretary of 

Commerce (Secretary) and in 

consultation with the Council, may 

negotiate and enter into a Pacific Insular 

Area fishery agreement (PIAFA) to allow 

foreign fishing within waters of the U.S. 

Exclusive Economic Zone (EEZ) 

adjacent to American Samoa, Guam, or 

the Northern Mariana Islands, and at the 

request and with the concurrence of, 

and in consultation with, the Governor 

of the Pacific Insular Area to which the 

PIAFA applies. Section 204(e)(4) of the 

Magnuson-Stevens Act requires that 

prior to entering into a PIAFA, the 

appropriate Governor and the Council 

shall develop a three-year MCP detailing 

the uses for any funds collected by the 

Secretary under the PIAFA. 

Any payments received under a 

PIAFA shall be deposited into the 

United States Treasury and then 

covered over to the Treasury of the 

Pacific Insular Area for which funds 

were collected. In the case of violations 

by foreign fishing vessels occurring 

within the EEZ off any Pacific Insular 

Area, any amount received by the 

Secretary which is attributable to fines 

and penalties imposed under the 

Magnuson-Stevens Act, including such 

sums collected from the forfeiture and 

disposition or sale of property seized 

subject to its authority, after payment of 

direct costs of the enforcement action to 

all entities involved in such action, 

shall be deposited into the Treasury of 

the Pacific Insular Area adjacent to the 

EEZ in which the violation occurred, to 

be used for fisheries enforcement and 

for implementation of an MCP. The 

MCP to be approved by the Secretary 

must be consistent with the Council’s 

fishery management plans, identify 

conservation and management 

objectives (including criteria for 

determining when such objectives have 

been met), and prioritize planned 

marine conservation projects. 

At its 144th meeting in March 2009, 

the Council reviewed and approved the 

MCP for American Samoa and 

recommended its submission to the 

Secretary for approval. NMFS, designee 

of the Secretary, received the MCP on 

June 22, 2009. 

The American Samoa MCP contains 

seven broad conservation and 

management objectives that are 

consistent with the Council’s fishery 

management plans. The MCP also 

identifies 37 individual projects that 

would be funded under a PIAFA. The 

objectives and projects are listed below, 

in priority order: 

• Objective 1: Promote responsible 

domestic fisheries development to 

provide long term economic growth and 

stability and local food production. 

1. Construct dock for commercial 

fishing vessels; 

2. Construct cold storage and fish 

processing facilities; 

3. Purchase ice making equipment to 

support local and export markets; 

4. Develop fish marketing plan; 

5. Longline permit, reporting and 

quota utilization program; 

6. Fish handling and HACCP training; 

7. Develop American Samoa 

Fishermen’s Cooperative; 

8. Deploy fish aggregation devices for 

non-LL vessels; 

9. Upgrade technology for AS 

bottomfish fleet; and 

10. Promote American Samoa as a 

sport fishing destination through 

tournaments. 

• Objective 2: Support quality 

research and obtain the most complete 

scientific information available to assess 

and manage fisheries. 


jlentini on DSKJ8SOYB1PROD with NOTICES