28472 Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices 

figure. For a more detailed explanation, 

see Jiangxi Gangyuan Verification 

Report; see also Memorandum to the 

File from Scot T. Fullerton, Senior 

International Trade Compliance 

Analyst, through Christopher D. Riker, 

Program Manager, AD/CVD Operations, 

Office 9, regarding, Silicon Metal From 

the People’s Republic of China - 

Analysis Memorandum for the 

Preliminary Results of New Shipper 

Review Jiangxi Gangyuan Industry 

Silicon Co., Ltd. Calculation 

Memorandum (May 11, 2007). 

Finally, we also note that Shanghai 

Jinneng erred in reporting its silica fume 

bags, and labor consumption. Therefore, 

for purposes of these preliminary 

results, we are amending the calculated 

consumption of both the silica fume 

bags and labor calculation. For a more 

detailed explanation, see Datong 

Jinneng Verification Report; see also 

Memorandum to the File from Michael 

Quigley, International Trade 

Compliance Analyst, through 

Christopher D. Riker, Program Manager, 

AD/CVD Operations, Office 9, regarding, 

Silicon Metal From the People’s 

Republic of China - Analysis 

Memorandum for the Preliminary 

Results of New Shipper Review 

Shanghai Jinneng International Trade 

Co., Ltd. Calculation Memorandum 

(May 11, 2007). 

Currency Conversions 

We made currency conversions using 

exchange rates obtained from the 

website of Import Administration at 

http://ia.ita.doc.gov/exchange/ 

index.html. 

Preliminary Results of Reviews 

We preliminarily determine that the 

following margins exist for Shanghai 

Jinneng and Jiangxi Gangyuan during 

the period June 1, 2005, through May 

31, 2006: 

SILICON METAL FROM THE PRC 

Company Weighted–Average 

Margin (Percent) 

Shanghai Jinneng International Trade Co., 

Ltd. ............................ 80.74 

Jiangxi Gangyuan Silicon Industry Co., Ltd. 124.79 

We will disclose the calculations used 

in our analysis to parties to these 

proceedings within five days of the date 

of publication of this notice. 

Case briefs from interested parties 

may be submitted not later than 30 days 

of the date of publication of this notice, 

pursuant to 19 CFR 351.309(c). Rebuttal 

briefs, limited to issues raised in the 

case briefs, will be due five days later, 

pursuant to 19 CFR 351.309(d). Parties 

who submit case or rebuttal briefs in 

this proceeding are requested to submit 

with each argument (1) a statement of 

the issue and (2) a brief summary of the 

argument. Parties are also encouraged to 

provide a summary of the arguments not 

to exceed five pages and a table of 

statutes, regulations, and cases cited. 

Any interested party may request a 

hearing within 30 days of publication of 

this notice. Interested parties who wish 

to request a hearing or to participate if 

one is requested, must submit a written 

request to the Assistant Secretary for 

Import Administration within 30 days 

of the date of publication of this notice. 

Requests should contain: (1) The party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of issues to be discussed. See 19 

CFR 351.310(c). Issues raised in the 

hearing will be limited to those raised 

in the briefs. 

The Department will issue the final 

results of these reviews, including the 

results of its analysis of issues raised in 

any such written briefs or at the hearing, 

if held, not later than 120 days after the 

date of publication of this notice. 

Assessment Rates 

Pursuant to 19 CFR 351.212(b), the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of the final results of 

these new shipper reviews. For 

assessment purposes, where possible, 

we calculated importer–specific 

assessment rates for silicon metal from 

the PRC via \ duty assessment rates 

based on the ratio of the total amount of 

the dumping margins calculated for the 

examined sales to the total entered 

value of those same sales. We will 

instruct CBP to assess antidumping 

duties on all appropriate entries covered 

by these new shipper reviews if any 

assessment rate calculated in the final 

results of this review is above de 

minimis. The final results of these new 

shipper reviews shall be the basis for 

the assessment of antidumping duties 

on entries of merchandise covered by 

the final results of these reviews and for 

future deposits of estimated duties, 

where applicable. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of these 

reviews for all shipments of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date, as provided 

for by section 751(a)(2)(c) of the Act: (1) 

For the manufacturers/exporters listed 

above, the cash deposit rate will be that 

established in the final results of this 

review (except, if the rate is zero or de 

minimis, no cash deposit will be 

required); (2) for subject merchandise 

exported by Shanghai Jinneng or Jiangxi 

Gangyuan, but not manufactured by 

Datong Jinneng or Jiangxi Gangyuan, 

respectively, the cash deposit rate will 

continue to be the PRC–wide rate (i.e., 

139.49 percent); and (3) for subject 

merchandise produced by Jiangxi 

Gangyuan or Datong Jinneng but not 

exported by Jiangxi Gangyuan or 

Shanghai Jinneng, respectively, the cash 

deposit rate will be the rate applicable 

to the exporter. These cash deposit 

requirements, when imposed, should 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a preliminary 

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 antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

These new shipper reviews and notice 

are in accordance with sections 

751(a)(1), 751(a)(2)(B), and 777(i) of the 

Act and 19 CFR 351.213 and 351.214. 

Dated: May 11, 2007. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E7–9703 Filed 5–18–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

North American Free Trade Agreement 

(NAFTA), Article 1904; Binational Panel 

Reviews: Notice of Termination of 

Panel Review 

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Department of 

Commerce. 

ACTION: On April 18, 2007, a Notice of 

Motion to Terminate the Panel Review 

of the Final Determination of the 

Antidumping Investigation on Imports 

of Fresh Apples, merchandise classified 

in tariff item 08.08.10.01 from the 

United States of America, independent 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices 28473 

of the country of origin was filed on 

behalf of Domex Marketing, Inc., L&M 

Companies Inc., Nuchief Sales, Inc., 

Oneonata Trading Corporation, PAC 

Marketing International, LLC., Rainier 

Fruit Company and Sage Marketing 

LLC., ‘‘(las Reclamantes)’’. Union 

Agricola Regional de Fruticultores del 

Estado de Chihuahua A.C., filed a notice 

of motion requesting termination in 

support of Domex and the others 

regarding Secretariat File No. MEXUSA–2003–1904–02. 

SUMMARY: Pursuant to the Notice of 

Motion to Terminate the Panel Review 

and support of that motion, the panel 

review is terminated as of May 3, 2007. 

A panel has not been appointed to this 

panel review. Pursuant to Rule 71(2) of 

the Rules of Procedure for Article 1904 

Binational Panel Review, this panel 

review is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Caratina L. Alston, United States 

Secretary, NAFTA Secretariat, Suite 

2061, 14th and Constitution Avenue, 

Washington, DC 20230, (202) 482–5438. 

SUPPLEMENTARY INFORMATION: Chapter 

19 of the North American Free-Trade 

Agreement (‘‘Agreement’’) establishes a 

mechanism to replace domestic judicial 

review of final determinations in 

antidumping and countervailing duty 

cases involving imports from a NAFTA 

country with review by independent 

binational panels. When a Request for 

Panel Review is filed, a panel is 

established to act in place of national 

courts to review expeditiously the final 

determination to determine whether it 

conforms with the antidumping or 

countervailing duty law of the country 

that made the determination. 

Under Article 1904 of the Agreement, 

which came into force on January 1, 

1994, the Government of the United 

States, the Government of Canada and 

the Government of Mexico established 

Rules of Procedure for Article 1904 

Binational Panel Reviews (‘‘Rules’’). 

These Rules were published in the 

Federal Register on February 23, 1994 

(59 FR 8686). The panel review in this 

matter was requested and terminated 

pursuant to these Rules. 

Dated: May 15, 2007. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat. 

[FR Doc. E7–9662 Filed 5–18–07; 8:45 am] 

BILLING CODE 3510–GT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 041307C] 

Endangered and Threatened Species; 

Recovery Plans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: NMFS announces the 

availability of the Draft Revised 

Recovery Plan ( Draft Revised Plan), 

dated May 2007, for the western and 

eastern distinct population segments 

(DPS) of Steller sea lion (Eumetopias 

jubatus). NMFS is soliciting review and 

comment on the Draft Revised Plan from 

all interested parties. Due to continued 

and substantial public interest in the 

recovery plan to-date, NMFS is releasing 

an updated version of the Draft Revised 

Plan for additional review and written 

comments. 

DATES: Comments on the Draft Revised 

Plan must be received by close of 

business on August 20, 2007. 

ADDRESSES: Send comments to Kaja 

Brix, Assistant Regional Administrator, 

Protected Resources Division, Alaska 

Region, NMFS, Attn: Ellen Walsh. 

Comments may be submitted by: 

• E-mail: SSLRP@noaa.gov. Include in 

the subject line the following document 

identifier: Sea Lion Recovery Plan. 

E-mail comments, with or without 

attachments, are limited to 5 megabytes. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Juneau, 

AK. 

• Fax: (907) 586 7012. 

Interested persons may obtain the 

Draft Revised Plan for review from the 

above address or online from the NMFS 

Alaska Region website: http:// 

www.fakr.noaa.gov/. 

FOR FURTHER INFORMATION CONTACT: Kaja 

Brix, (907 586 7235), e-mail 

kaja.brix@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Recovery plans are guidance 

documents that describe the actions 

considered necessary for the 

conservation and recovery of species 

listed under the Endangered Species Act 

(ESA) of 1973, as amended (16 U.S.C. 

1531 et seq.). Development and 

implementation of a recovery plan helps 

to ensure that recovery efforts utilize 

limited resources effectively and 

efficiently. The ESA requires the 

development of recovery plans for listed 

species, unless such a plan would not 

promote the recovery of a particular 

species. The ESA requires that recovery 

plans incorporate the following: (1) 

Objective, measurable criteria that, 

when met, would result in a 

determination that the species is no 

longer threatened or endangered; (2) 

site-specific management actions 

necessary to achieve the plan’s goals; 

and (3) estimates of the time and costs 

required to implement recovery actions. 

NMFS will consider all substantive 

comments and information presented 

during the public comment period prior 

to finalizing the Steller Sea Lion 

Recovery Plan. 

NMFS’ goal is to restore endangered 

and threatened Steller sea lion 

(Eumetopias jubatus) populations to 

levels at which they are secure, selfsustaining components of their 

ecosystems and no longer require the 

protections of the ESA. The Steller sea 

lion was listed as a threatened species 

under the ESA on April 5, 1990 (55 FR 

12645), due to substantial declines in 

the western portion of the range. Critical 

habitat was designated on August 27, 

1993 (58 FR 45269), based on the 

locations of terrestrial rookeries and 

haulouts, the spatial extent of foraging 

trips, and availability of prey. In 1997, 

Steller sea lions were reclassified as two 

DPSs under the ESA, a western DPS and 

an eastern DPS, based on demographic 

and genetic dissimilarities (62 FR 

24345, 62 FR 30772). Due to a persistent 

population decline, the western DPS 

was reclassified as endangered at that 

time. The increasing eastern DPS 

remained classified as threatened. 

Through the 1990s, the western DPS 

continued to decline. Then between 

2000 and 2004, the western population 

showed a growth rate of approximately 

three percent per year — the first 

recorded increase in the population 

since the 1970s. Based on recent counts, 

the western DPS is currently about 

44,800 animals. The eastern DPS is 

currently between 45,000 and 51,000 

animals and has been increasing at a 

rate of approximately three percent per 

year for 30 years. 

The first Steller sea lion recovery plan 

was completed in December 1992 and 

encompassed the entire range of the 

species. However, the recovery plan 

became obsolete after the split into two 

DPSs in 1997. By that time, nearly all of 

the recovery actions recommended in 

the original plan were completed. In 

2001, NMFS assembled a new recovery 

team to update the plan. The team was 


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