Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 21969 

from Argentina. See Notice of 

Countervailing Duty Order: Honey From 

Argentina, 66 FR 63673 (December 10, 

2001). On December 1, 2011, the 

Department published a notice of 

opportunity to request an administrative 

review of the countervailing duty order 

on honey from Argentina for the period 

January 1, 2011, through December 31, 

2011. See Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

To Request Administrative Review, 76 

FR 74773 (December 1, 2011). On 

January 3, 2012, in accordance with 19 

CFR 351.213(b), the Department 

received a timely request from the 

American Honey Producers Association 

and the Sioux Honey Association 

(collectively, Petitioners), to conduct an 

administrative review. In accordance 

with section 751(a)(1) of the Tariff Act 

of 1930 (the Act) and 19 CFR 

351.221(c)(1)(i), on January 31, 2012, the 

Department published a notice initiating 

an administrative review of the 

countervailing duty order. See Initiation 

of Antidumping and Countervailing 

Duty Administrative Reviews, 77 FR 

4759 (January 31, 2012). On March 13, 

2012, Petitioners withdrew their request 

for review. 

Rescission of Administrative Review 

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

Secretary will rescind an administrative 

review, in whole or in part, if the party 

that requested the review withdraws the 

request within 90 days of the date of 

publication of the notice of initiation of 

the requested review. Petitioners’ March 

13, 2012, withdrawal was filed within 

the 90-day period, and no other party 

requested a review. Therefore, pursuant 

to 19 CFR 351.213(d)(1), the Department 

is rescinding this administrative review. 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (CBP) to 

assess countervailing duties at the cash 

deposit rate in effect on the date of 

entry, for all entries of honey from 

Argentina during the period January 1, 

2011, through December 31, 2011. The 

Department intends to issue appropriate 

assessment instructions to CBP 15 days 

after publication of this notice of 

rescission of administrative review. 

Notification Regarding Administrative 

Protective Order 

This notice serves as a final reminder 

to parties subject to the administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). 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 sanctionable violation. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act and 19 CFR 

351.213(d)(4). 

Dated: April 5, 2012. 

Edward C. Yang, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2012–8840 Filed 4–11–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[Application 12–00001] 

Export Trade Certificate of Review 

ACTION: Notice of Application for an 

Export Trade Certificate of Review from 

Panama Poultry Export Quota, Inc. 

SUMMARY: The Export Trading Company 

Affairs (‘‘ETCA’’) unit, Office of 

Competition and Economic Analysis, 

International Trade Administration, 

Department of Commerce, has received 

an application for an Export Trade 

Certificate of Review (‘‘Certificate’’). 

This notice summarizes the conduct for 

which certification is sought and 

requests comments relevant to whether 

the Certificate should be issued. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Flynn, Director, Office of 

Competition and Economic Analysis, 

International Trade Administration, 

(202) 482–5131 (this is not a toll-free 

number) or email at etca@trade.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. 4001–21) authorizes the 

Secretary of Commerce to issue Export 

Trade Certificates of Review. An Export 

Trade Certificate of Review protects the 

holder and the members identified in 

the Certificate from state and federal 

government antitrust actions and from 

private, treble damage antitrust actions 

for the export conduct specified in the 

Certificate and carried out in 

compliance with its terms and 

conditions. Section 302(b)(1) of the 

Export Trading Company Act of 1982 

and 15 CFR 325.6(a) require the 

Secretary to publish a notice in the 

Federal Register, identifying the 

applicant and summarizing its proposed 

export conduct. 

Request for Public Comments 

Interested parties may submit written 

comments relevant to the determination 

whether a Certificate should be issued. 

If the comments include any privileged 

or confidential business information, it 

must be clearly marked and a 

nonconfidential version of the 

comments (identified as such) should be 

included. Any comments not marked 

‘‘privileged’’ or ‘‘confidential business 

information’’ will be deemed to be 

nonconfidential. An original and five (5) 

copies, plus two (2) copies of the 

nonconfidential version, should be 

submitted no later than 20 days after the 

date of this notice to: Export Trading 

Company Affairs, International Trade 

Administration, U.S. Department of 

Commerce, Room 7021X, Washington, 

DC 20230, or transmitted by Email at 

oetca@ita.doc.gov. Information 

submitted by any person is exempt from 

disclosure under the Freedom of 

Information Act (5 U.S.C. § 552). 

However, nonconfidential versions of 

the comments will be made available to 

the applicant if necessary for 

determining whether or not to issue the 

Certificate. Comments should refer to 

this application as ‘‘Export Trade 

Certificate of Review, application 

number 12–00001.’’ A summary of the 

application follows. 

Summary of the Application 

Applicant: Panama Poultry Export 

Quota, Inc. (‘‘PAN–PEQ’’), 1700 

Pennsylvania Avenue NW., Suite 200, 

Washington, DC 20006. 

Application No.: 12–00001. 

Date Deemed Submitted: March 27, 

2012. 

Members (in addition to applicant): 

Panama Poultry Export Quota, Inc. 

members include the following entities: 

USA Poultry & Egg Export Council 

(USAPEEC’’), 2300 West Park Place, 

Boulevard, Suite 200, Stone Mountain, 

Georgia 30087, and Associacion 

Nacional de Avicultores de Panama 

(‘‘ANAVIP’’), Calle 75, Manuel de Jesus 

Quijano, San Francisco, Casa No. 61, 

Apartado Postal 0819–06190, Panama, 

Republic of Panama. 

PAN–PEQ seeks a Certificate of 

Review to engage in the Export Trade 

Activities and Methods of Operation 

described below in the following Export 

Trade and Export Markets: 

Export Trade 

Products 

PAN–PEQ plans to export Chicken leg 

quarters, (or parts of chicken leg 

quarters, including legs or thighs), fresh, 

chilled or frozen, seasoned or 

unseasoned, marinated or not 

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21970 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 

marinated, classifiable under HTS 

0207.13.99, 0207.14.99 and 1602.32.00. 

Export Markets 

Chicken leg quarters for which awards 

will be made will be exported to the 

Republic of Panama. 

1. Purpose. PAN–PEQ will manage on 

an open tender basis the tariff-rate 

quotas (TRQs) for poultry products 

granted by the Republic of Panama to 

the United States under the terms of the 

Panama Trade Promotion Agreement or 

any amended or successor agreement 

providing for Panamanian poultry TRQs 

for the United States of America. PAN– 

PEQ also will provide for distributions 

of the proceeds received from the tender 

process based on exports of poultry 

(‘‘the TRQ System’’) to support the 

operation and administration of PAN– 

PEQ and for the benefit of the poultry 

industries in the Republic of Panama 

and the United States. 

2. Implementation. 

A. Administrator. PAN–PEQ shall 

contract with a neutral third party 

Administrator who is not engaged in the 

production, sale, distribution or export 

of poultry or poultry products and who 

shall bear responsibility for 

administering the TRQ System, subject 

to general supervision and oversight by 

the Board of Directors of PAN–PEQ. 

B. Membership. PAN–PEQ’s members 

under this certificate are the USA 

Poultry and Egg Export Council 

(‘‘USAPEEC’’) on behalf of the U.S. 

poultry industry; and the Asociacio ́n 

Nacional de Avicultores de Panama ́

(‘‘ANAVIP’’) on behalf of the 

Panamanian poultry industry. 

C. Open Tender Process. PAN–PEQ 

shall offer TRQ Certificates for duty-free 

shipments of chicken leg quarters to the 

Republic of Panama solely and 

exclusively through an open tender 

process with certificates awarded to the 

highest bidders (‘‘TRQ Certificates’’). 

PAN–PEQ shall hold tenders in 

accordance with tranches established in 

the relevant regulations of the Republic 

of Panama, or in the absence of such, at 

least once each year. The award of TRQ 

Certificates under the open tender 

process shall be determined solely by 

the Administrator in accordance with 

Section I without any participation by 

the Board of Directors. 

D. Persons or Entities Eligible to Bid. 

Any person or entity incorporated or 

with a legal address in the United States 

of America shall be eligible to bid in the 

open tender process. 

E. Notice. The Administrator shall 

publish notice (‘‘Notice’’) of each open 

tender process to be held to award TRQ 

Certificates in the Journal of Commerce 

and, at the discretion of the 

Administrator, in other publications of 

general circulation within the U.S. 

poultry industry or in the Republic of 

Panama. The Notice will invite 

independent bids and will specify (i) 

the total amount (in metric tons) that 

will be allocated pursuant to the 

applicable tender; (ii) the shipment 

period for which the TRQ Certificates 

will be valid; and (iii) the date and time 

by which all bids must be received by 

the Administrator in order to be 

considered (the ‘‘Bid Date’’); and (iv) a 

minimum bid amount per ton, as 

established by the Board of Directors, to 

ensure the costs of administering the 

auction are recovered. The Notice 

normally will be published not later 

than 30 business days prior to the first 

day of the shipment period and will 

specify a Bid Date that is at least 10 

business days after the date of 

publication of the Notice. The Notice 

will specify the format for bid 

submissions. Bids must be received by 

the Administrator not later than 5 p.m. 

EST on the Bid Date. 

F. Contents of Bid. The bid shall be 

in a format established by the 

Administrator and shall state (i) the 

name, address, telephone and facsimile 

numbers, and email address of the 

bidder; (ii) the quantity of poultry bid, 

in metric tons or portions of metric tons; 

(iii) the bid price in U.S. dollars per 

metric ton; and (iv) the total value of the 

bid. The bid form shall contain a 

provision, that must be signed by the 

bidder, agreeing that (i) any dispute that 

may arise relating to the bidding process 

or to the award to TRQ Certificates shall 

be settled by arbitration administered by 

the American Arbitration Association in 

accordance with its Commercial 

Arbitration Rules; and (ii) judgment on 

any award rendered by the arbitrator 

may be entered in any court having 

jurisdiction thereof. 

G. Performance Security. The bidder 

shall submit with each bid a 

performance bond, irrevocable letter of 

credit drawn on a U.S. bank, cashier’s 

check, wire transfer or equivalent 

security, in a form approved and for the 

benefit of an account designated by the 

Administrator, in the amount of $50,000 

or the total value of the bid, whichever 

is less. The bidder shall forfeit such 

performance security if the bidder fails 

to pay for any TRQ Certificates awarded 

within five (5) business days. The 

bidder may chose to apply the 

performance security to the price of any 

successful bid, or to retain the 

performance security for a subsequent 

open tender process. Promptly after the 

close of the open tender process, the 

Administrator shall return any unused 

or non-forfeited security to the bidder. 

H. Confidentiality of Bids. The 

Administrator shall treat all bids and 

their contents as confidential. The 

Administrator shall disclose 

information about bids only to: (a) An 

external auditor retained for purposes of 

auditing auction results and proceeds; 

(b) an authorized neutral third party, or, 

(c) an authorized government official of 

the United States or of the Republic of 

Panama, and only as necessary to ensure 

the effective operation of the TRQ 

System. 

I. However, after the issuance of all 

TRQ Certificates from an open tender 

process, the Administrator shall notify 

all bidders and shall disclose publicly 

(i) the total tonnage for which TRQ 

Certificates were awarded, and (ii) the 

lowest price per metric ton of all 

successful bids. 

J. Award of TRQ Certificates. The 

Administrator shall award TRQ 

Certificates for the available tonnage to 

the bidders who have submitted the 

highest price conforming bids. If two or 

more bidders have submitted bids with 

identical prices, the Administrator shall 

divide the remaining available tonnage 

in proportion to the quantities of their 

bids, and offer each TRQ Certificates in 

the resulting tonnages. If any bidder 

declines all or part of the tonnage 

offered, the Administrator shall offer 

that tonnage first to the other tying 

bidders, and then to the next highest 

bidder. 

K. Payment for TRQ Certificates. 

Promptly after being notified of a TRQ 

award and within the time specified in 

the Notice, the bidder shall pay the full 

amount of the bid, either by wire 

transfer or by certified check, to an 

account designated by the 

Administrator. If the bidder fails to 

make payment within five (5) days, the 

Administrator shall revoke the award 

and award the tonnage to the next 

highest bidder(s). 

L. Delivery of TRQ Certificates. The 

Administrator shall establish an account 

for each successful bidder in the amount 

of tonnage available for TRQ 

Certificates. Upon request, the 

Administrator will issue TRQ 

Certificates in the tonnage designated by 

the bidder, consistent with the balance 

in that account. The TRQ Certificate 

shall state the delivery period for which 

it is valid. 

M. Transferability. TRQ Certificates 

shall be freely transferable except that 

(i) any TRQ Certificate holder who 

intends to sell, transfer or assign any 

rights under that Certificate shall 

publish such intention on a Web site 

maintained by the Administrator at least 

three (3) business days prior to any sale, 

transfer or assignment; and (ii) any TRQ 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 21971 

holder that sells, transfers or assigns its 

rights under a TRQ Certificate shall 

provide the Administrator with notice 

and a copy of the sale, transfer or 

assignment within three (3) business 

days. 

N. Deposit of Proceeds: The 

Administrator shall cause all proceeds 

of the open tender process to be 

deposited in an interest-bearing account 

in a financial institution approved by 

the PAN–PEQ Board of Directors. 

O. Disposition of Proceeds. The 

proceeds of the open tender process 

shall be applied and distributed as 

follows: 

i. The Administrator shall pay from 

tender proceeds, as they become 

available, all operating expenses of 

PAN–PEQ, including legal, accounting 

and administrative costs of establishing 

and operating the TRQ System, as 

authorized by the Board of Directors. 

ii. Of the proceeds remaining at the 

end of each year of operations after all 

costs described in (i) above have been 

paid— 

1. Fifty percent (50%) shall be 

distributed to fund export market 

development, educational, scientific 

and technical projects to benefit the 

United States poultry industry. PAN– 

PEQ shall accept proposals for the 

funding of projects approved by the 

Board of Directors of USAPEEC. The 

Administrator shall disburse funds to 

those projects approved for funding by 

the PAN–PEQ Board of Directors. 

2. Fifty percent (50%) shall be 

distributed to fund market development, 

educational, scientific and technical 

projects to benefit the poultry industry 

of the Republic of Panama. PAN–PEQ 

shall accept proposals for funding of 

projects approved by the Board of 

Director of ANAVIP. The Administrator 

shall disburse funds to those projects 

approved for funding by the PAN–PEQ 

Board of Directors. 

P. Arbitration of Disputes. Any 

dispute, controversy or claim arising out 

of or relating to the TRQ System or the 

breach thereof, including inter alia, a 

Member’s qualification for distribution, 

interpretation of documents, or of the 

distribution itself, shall be settled by 

arbitration administered by the 

American Arbitration Association in 

accordance with its Commercial 

Arbitration Rules, and judgment on the 

award rendered by the arbitrator may be 

entered in any court having jurisdiction 

thereof. 

Q. Confidential Information. The 

Administrator shall maintain as 

confidential all export documentation or 

other business sensitive information 

submitted in connection with 

application for PAN–PEQ membership, 

bidding in the open tender process or 

requests for distribution of proceeds, 

where such documents or information 

has been marked ‘‘Confidential’’ by the 

person making the submission. The 

Administrator shall disclose such 

information only to another neutral 

third party, or authorized government 

official of the United States or of the 

Republic of Panama, and only where 

necessary to ensure the effective 

operation of the TRQ System or where 

required by law (including appropriate 

disclosure in connection with the 

arbitration of a dispute). 

R. Annual Reports. PAN–PEQ shall 

publish an annual report including a 

statement of its operating expenses and 

data on the distribution of proceeds, as 

reflected in the audited financial 

statement of the PAN–PEQ TRQ System. 

Dated: April 5, 2012. 

Joseph E. Flynn, 

Director, Office of Competition and Economic 

Analysis. 

[FR Doc. 2012–8759 Filed 4–11–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; Applications and 

Reports for Registration as a Tanner or 

Agent 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before June 11, 2012. 

ADDRESSES: Direct all written comments 

to Jennifer Jessup, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6616, 

14th and Constitution Avenue NW., 

Washington, DC 20230 (or via the 

Internet at JJessup@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Les Cockreham, (907) 271– 

3021 or les.cockreham@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This request is for extension of a 

current information collection. 

The Marine Mammal Protection Act 

exempts Alaskan natives from the 

prohibitions on taking, killing, or 

injuring marine mammals if the taking 

is done for subsistence or for creating 

and selling authentic native articles of 

handicraft or clothing. The natives need 

no permit, but non-natives who wish to 

act as a tanner or agent for such native 

products must register with NOAA and 

maintain and submit certain records. 

The information is necessary for law 

enforcement purposes. 

II. Method of Collection 

Paper documentation is submitted to 

meet the requirements found at 50 CFR 

216.23(c). 

III. Data 

OMB Control Number: 0648–0179. 

Form Number: None. 

Type of Review: Regular submission 

(extension of a current information 

collection). 

Affected Public: Business or other for 

profit organizations. 

Estimated Number of Respondents: 

53. 

Estimated Time per Response: 2 hours 

for an application and 2 hours for a 

report. 

Estimated Total Annual Burden 

Hours: 106. 

Estimated Total Annual Cost to 

Public: $53 in recordkeeping/reporting 

costs. 

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. 

mstockstill on DSK4VPTVN1PROD with NOTICES