11490 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 

at the request of an interested party. 

Thus, it is not practicable to complete 

this review within the time specified 

under the Act. Therefore, we are 

extending the time for the completion of 

the final results of this review by 40 

days to June 11, 2012. 

This notice is published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act. 

Dated: February 21, 2012. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2012–4490 Filed 2–24–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation 

in Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) has received 

requests to conduct administrative 

reviews of various antidumping and 

countervailing duty orders and findings 

with January anniversary dates. In 

accordance with the Department’s 

regulations, we are initiating those 

administrative reviews. 

DATES: Effective Date: February 27, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. Waters, Office of AD/CVD 

Operations, Customs Unit, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230, 

telephone: (202) 482–4735. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department has received timely 

requests, in accordance with 19 CFR 

351.213(b), for administrative reviews of 

various antidumping and countervailing 

duty orders and findings with January 

anniversary dates. With respect to the 

antidumping duty order on Wooden 

Bedroom Furniture from the People’s 

Republic of China, the initiation of the 

antidumping duty administrative review 

for that case is being published in a 

separate initiation notice. 

All deadlines for the submission of 

various types of information, 

certifications, or comments or actions by 

the Department discussed below refer to 

the number of calendar days from the 

applicable starting time. 

Notice of No Sales 

If a producer or exporter named in 

this notice of initiation had no exports, 

sales, or entries during the period of 

review (‘‘POR’’), it must notify the 

Department within 60 days of 

publication of this notice in the Federal 

Register. All submissions must be filed 

electronically at http:// 

iaaccess.trade.gov in accordance with 

19 CFR 351.303. See Antidumping and 

Countervailing Duty Proceedings: 

Electronic Filing Procedures; 

Administrative Protective Order 

Procedures, 76 FR 39263 (July 6, 2011). 

Such submissions are subject to 

verification in accordance with section 

782(i) of the Tariff Act of 1930, as 

amended (‘‘Act’’). Further, in 

accordance with 19 CFR 

351.303(f)(3)(ii), a copy of each request 

must be served on the petitioner and 

each exporter or producer specified in 

the request. 

Respondent Selection 

In the event the Department limits the 

number of respondents for individual 

examination for administrative reviews, 

the Department intends to select 

respondents based on U.S. Customs and 

Border Protection (‘‘CBP’’) data for U.S. 

imports during the POR. We intend to 

release the CBP data under 

Administrative Protective Order 

(‘‘APO’’) to all parties having an APO 

within seven days of publication of this 

initiation notice and to make our 

decision regarding respondent selection 

within 21 days of publication of this 

Federal Register notice. The 

Department invites comments regarding 

the CBP data and respondent selection 

within five days of placement of the 

CBP data on the record of the applicable 

review. 

In the event the Department decides 

it is necessary to limit individual 

examination of respondents and 

conduct respondent selection under 

section 777A(c)(2) of the Act: 

In general, the Department has found 

that determinations concerning whether 

particular companies should be 

‘‘collapsed’’ (i.e., treated as a single 

entity for purposes of calculating 

antidumping duty rates) require a 

substantial amount of detailed 

information and analysis, which often 

require follow-up questions and 

analysis. Accordingly, the Department 

will not conduct collapsing analyses at 

the respondent selection phase of this 

review and will not collapse companies 

at the respondent selection phase unless 

there has been a determination to 

collapse certain companies in a 

previous segment of this antidumping 

proceeding (i.e., investigation, 

administrative review, new shipper 

review or changed circumstances 

review). For any company subject to this 

review, if the Department determined, 

or continued to treat, that company as 

collapsed with others, the Department 

will assume that such companies 

continue to operate in the same manner 

and will collapse them for respondent 

selection purposes. Otherwise, the 

Department will not-collapse companies 

for purposes of respondent selection. 

Parties are requested to (a) identify 

which companies subject to review 

previously were collapsed, and (b) 

provide a citation to the proceeding in 

which they were collapsed. Further, if 

companies are requested to complete 

the Quantity and Value Questionnaire 

for purposes of respondent selection, in 

general each company must report 

volume and value data separately for 

itself. Parties should not include data 

for any other party, even if they believe 

they should be treated as a single entity 

with that other party. If a company was 

collapsed with another company or 

companies in the most recently 

completed segment of this proceeding 

where the Department considered 

collapsing that entity, complete quantity 

and value data for that collapsed entity 

must be submitted. 

Deadline for Withdrawal of Request for 

Administrative Review 

Pursuant to 19 CFR 351.213(d)(1), a 

party that has requested a review may 

withdraw that request within 90 days of 

the date of publication of the notice of 

initiation of the requested review. The 

regulation provides that the Department 

may extend this time if it is reasonable 

to do so. In order to provide parties 

additional certainty with respect to 

when the Department will exercise its 

discretion to extend this 90-day 

deadline, interested parties are advised 

that, with regard to reviews requested 

on the basis of anniversary months on 

or after August 2011, the Department 

does not intend to extend the 90-day 

deadline unless the requestor 

demonstrates that an extraordinary 

circumstance has prevented it from 

submitting a timely withdrawal request. 

Determinations by the Department to 

extend the 90-day deadline will be 

made on a case-by-case basis. 

Separate Rates 

In proceedings involving non-market 

economy (‘‘NME’’) countries, the 

Department begins with a rebuttable 

presumption that all companies within 

the country are subject to government 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 11491 

1Such entities include entities that have not 

participated in the proceeding, entities that were 

preliminarily granted a separate rate in any 

currently incomplete segment of the proceeding 

(e.g., an ongoing administrative review, new 

shipper review, etc.) and entities that lost their 

separate rate in the most recently complete segment 

of the proceeding in which they participated. 

2Only changes to the official company name, 

rather than trade names, need to be addressed via 

a Separate Rate Application. Information regarding 

new trade names may be submitted via a Separate 

Rate Certification. 

control and, thus, should be assigned a 

single antidumping duty deposit rate. It 

is the Department’s policy to assign all 

exporters of merchandise subject to an 

administrative review in an NME 

country this single rate unless an 

exporter can demonstrate that it is 

sufficiently independent so as to be 

entitled to a separate rate. 

To establish whether a firm is 

sufficiently independent from 

government control of its export 

activities to be entitled to a separate 

rate, the Department analyzes each 

entity exporting the subject 

merchandise under a test arising from 

the Final Determination of Sales at Less 

Than Fair Value: Sparklers from the 

People’s Republic of China, 56 FR 20588 

(May 6, 1991), as amplified by Final 

Determination of Sales at Less Than 

Fair Value: Silicon Carbide from the 

People’s Republic of China, 59 FR 22585 

(May 2, 1994). In accordance with the 

separate rates criteria, the Department 

assigns separate rates to companies in 

NME cases only if respondents can 

demonstrate the absence of both de jure 

and de facto government control over 

export activities. 

All firms listed below that wish to 

qualify for separate rate status in the 

administrative reviews involving NME 

countries must complete, as 

appropriate, either a separate rate 

application or certification, as described 

below. For these administrative reviews, 

in order to demonstrate separate rate 

eligibility, the Department requires 

entities for whom a review was 

requested, that were assigned a separate 

rate in the most recent segment of this 

proceeding in which they participated, 

to certify that they continue to meet the 

criteria for obtaining a separate rate. The 

Separate Rate Certification form will be 

available on the Department’s Web site 

at http://www.trade.gov/ia on the date of 

publication of this Federal Register 

notice. In responding to the 

certification, please follow the 

‘‘Instructions for Filing the 

Certification’’ in the Separate Rate 

Certification. Separate Rate 

Certifications are due to the Department 

no later than 60 calendar days after 

publication of this Federal Register 

notice. The deadline and requirement 

for submitting a Certification applies 

equally to NME-owned firms, wholly 

foreign-owned firms, and foreign sellers 

who purchase and export subject 

merchandise to the United States. 

Entities that currently do not have a 

separate rate from a completed segment 

of the proceeding 1 should timely file a 

Separate Rate Application to 

demonstrate eligibility for a separate 

rate in this proceeding. In addition, 

companies that received a separate rate 

in a completed segment of the 

proceeding that have subsequently 

made changes, including, but not 

limited to, changes to corporate 

structure, acquisitions of new 

companies or facilities, or changes to 

their official company name,2 should 

timely file a Separate Rate Application 

to demonstrate eligibility for a separate 

rate in this proceeding. The Separate 

Rate Status Application will be 

available on the Department’s Web site 

at http://www.trade.gov/ia on the date of 

publication of this Federal Register 

notice. In responding to the Separate 

Rate Status Application, refer to the 

instructions contained in the 

application. Separate Rate Status 

Applications are due to the Department 

no later than 60 calendar days of 

publication of this Federal Register 

notice. The deadline and requirement 

for submitting a Separate Rate Status 

Application applies equally to NMEowned firms, wholly foreign-owned 

firms, and foreign sellers that purchase 

and export subject merchandise to the 

United States. 

For exporters and producers who 

submit a separate-rate status application 

or certification and subsequently are 

selected as mandatory respondents, 

these exporters and producers will no 

longer be eligible for separate rate status 

unless they respond to all parts of the 

questionnaire as mandatory 

respondents. 

Initiation of Reviews 

In accordance with 19 CFR 

351.221(c)(1)(i), we are initiating 

administrative reviews of the following 

antidumping and countervailing duty 

orders and findings. We intend to issue 

the final results of these reviews not 

later than January 31, 2013. 

Period to 

be 

reviewed 

Antidumping Duty 

Proceedings 

None. 

Period to 

be 

reviewed 

Countervailing Duty 

Proceedings 

The People’s Repubic of China:.

Certain Oil Country Tubular 

Goods, C–570–944 .......... 1/1/11–12/ 

31/11 

Jiangsu Chengde Steel 

Tube Share Co., Ltd. 

Wuxi Seamless Oil Pipe 

Co., Ltd..

Suspension Agreements 

None. 

During any administrative review 

covering all or part of a period falling 

between the first and second or third 

and fourth anniversary of the 

publication of an antidumping duty 

order under 19 CFR 351.211 or a 

determination under 19 CFR 

351.218(f)(4) to continue an order or 

suspended investigation (after sunset 

review), the Secretary, if requested by a 

domestic interested party within 30 

days of the date of publication of the 

notice of initiation of the review, will 

determine, consistent with FAG Italia v. 

United States, 291 F.3d 806 (Fed Cir. 

2002), as appropriate, whether 

antidumping duties have been absorbed 

by an exporter or producer subject to the 

review if the subject merchandise is 

sold in the United States through an 

importer that is affiliated with such 

exporter or producer. The request must 

include the name(s) of the exporter or 

producer for which the inquiry is 

requested. 

For the first administrative review of 

any order, there will be no assessment 

of antidumping or countervailing duties 

on entries of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption during the relevant 

provisional-measures ‘‘gap’’ period, of 

the order, if such a gap period is 

applicable to the period of review. 

Interested parties must submit 

applications for disclosure under 

administrative protective orders in 

accordance with 19 CFR 351.305. On 

January 22, 2008, the Department 

published Antidumping and 

Countervailing Duty Proceedings: 

Documents Submission Procedures; 

APO Procedures, 73 FR 3634 (January 

22, 2008). Those procedures apply to 

administrative reviews included in this 

notice of initiation. Parties wishing to 

participate in any of these 

administrative reviews should ensure 

that the meet the requirements of these 

procedures (e.g., the filing of separate 

letters of appearance as discussed at 19 

CFR 351.103(d)). 


srobinson on DSK4SPTVN1PROD with NOTICES
11492 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 

Any party submitting factual 

information in an antidumping duty or 

countervailing duty proceeding must 

certify to the accuracy and completeness 

of that information. See section 782(b) 

of the Act. Parties are hereby reminded 

that revised certification requirements 

are in effect for company/government 

officials as well as their representatives 

in all segments of any antidumping duty 

or countervailing duty proceedings 

initiated on or after March 14, 2011. See 

Certification of Factual Information to 

Import Administration During 

Antidumping and Countervailing Duty 

Proceedings: Interim Final Rule, 76 FR 

7491 (February 10, 2011) (‘‘Interim Final 

Rule’’), amending 19 CFR 351.303(g)(1) 

and (2). The formats for the revised 

certifications are provided at the end of 

the Interim Final Rule. The Department 

intends to reject factual submissions in 

any proceeding segments initiated on or 

after March 14, 2011 if the submitting 

party does not comply with the revised 

certification requirements. 

These initiations and this notice are 

in accordance with section 751(a) of the 

Act (19 U.S.C. 1675(a)) and 19 CFR 

351.221(c)(1)(i). 

Dated: February 21, 2012. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2012–4518 Filed 2–24–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB032 

Notice of Availability of a Draft 

Environmental Assessment for the 

Issuance of Incidental Harassment 

Authorizations in the U.S. Beaufort and 

Chukchi Seas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of a Draft 

Environmental Assessment; request for 

comments. 

SUMMARY: NMFS announces the 

availability of the ‘‘Draft Environmental 

Assessment (DEA) for the Issuance of 

Incidental Harassment Authorizations 

for the Take of Marine Mammals by 

Harassment Incidental to Conducting 

Exploratory Drilling Programs in the 

U.S. Beaufort and Chukchi Seas.’’ 

Publication of this notice begins the 

official public comment period for this 

DEA. The purpose of the DEA is to 

evaluate, in compliance with the 

National Environmental Policy Act 

(NEPA), the potential direct, indirect, 

and cumulative impacts of issuing 

Incidental Harassment Authorizations 

(IHAs) to Shell for the take of marine 

mammals incidental to offshore oil and 

gas exploratory drilling programs in the 

U.S. Beaufort and Chukchi Seas 

pursuant to the Marine Mammal 

Protection Act (MMPA). 

DATES: Comments and information must 

be received no later than March 28, 

2012. 

ADDRESSES: Comments on the DEA 

should be addressed to Michael Payne, 

Chief, Permits and Conservation 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East West Highway, Silver Spring, MD 

20910. The mailbox address for 

providing email comments is 

ITP.Nachman@noaa.gov. NMFS is not 

responsible for email comments sent to 

addresses other than the one provided 

here. Comments sent via email, 

including all attachments, must not 

exceed a 25-megabyte file size. 

A copy of the DEA may be obtained 

by writing to the address specified 

above, telephoning the contact listed 

below (see FOR FURTHER INFORMATION

CONTACT), or visiting the internet at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

notice may also be viewed, by 

appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Candace Nachman, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: Sections 

101(a)(5)(A) and (D) of the MMPA (16 

U.S.C. 1361 et seq.) direct the Secretary 

of Commerce to allow, upon request, the 

incidental, but not intentional taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are issued or, if the taking is 

limited to harassment, a notice of 

proposed authorization is provided to 

the public for review. The term ‘‘take’’ 

under the MMPA means ‘‘to harass, 

hunt, capture, kill or collect, or attempt 

to harass, hunt, capture, kill or collect.’’ 

Except with respect to certain activities 

not pertinent here, the MMPA defines 

‘‘harassment’’ as ‘‘any act of pursuit, 

torment, or annoyance which (i) has the 

potential to injure a marine mammal or 

marine mammal stock in the wild [Level 

A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, 

including, but not limited to, migration, 

breathing, nursing, breeding, feeding, or 

sheltering [Level B harassment].’’ 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as ‘‘* * * an impact resulting 

from the specified activity that cannot 

be reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

In accordance with NEPA, the 

Council on Environmental Quality’s 

implementing regulations, and NOAA 

Administrative Order 216–6, NMFS has 

prepared this DEA to evaluate the 

potential direct, indirect, and 

cumulative effects on the human 

environment that may result from the 

issuance of IHAs pursuant to section 

101(a)(5)(D) of the MMPA to Shell 

Offshore Inc. and Shell Gulf of Mexico 

Inc. (collectively ‘‘Shell’’) for the take of 

marine mammals incidental to 

conducting offshore exploratory drilling 

programs in the U.S. Beaufort and 

Chukchi Seas. NMFS published Notices 

of Proposed IHAs on Shell’s Beaufort 

and Chukchi Sea exploratory drilling 

programs for public comment on 

November 7, 2011, and November 9, 

2011, respectively (76 FR 68974 and 76 

FR 69958), which contained analyses of 

the proposed specified activities on 

marine mammals, their habitats, and the 

availability of marine mammals for 

subsistence uses. 

NMFS requests comment on our 

analysis contained in the DEA regarding 

the potential effects of the proposed 

action of issuing IHAs for the specified 

activities on the human environment 

and any other aspects of the DEA. Please 

include, with your comments, any 

supporting data or literature citations to 

help inform our final decision on Shell’s 

request for MMPA authorizations. 

Dated: February 21, 2012. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–4511 Filed 2–24–12; 8:45 am] 

BILLING CODE 3510–22–P 


srobinson on DSK4SPTVN1PROD with NOTICES