12310 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 

Department to expedite this action by 

combining the preliminary results of 

review with this notice of initiation, as 

permitted under 19 CFR 

351.221(c)(3)(ii). As a result, the 

Department is not issuing preliminary 

results for this changed circumstances 

review at this time. 

The Department will publish in the 

Federal Register a notice of preliminary 

results of changed circumstances review 

in accordance with 19 CFR 

351.221(b)(4) and 351.221(c)(3)(i), 

which will set forth the Department’s 

preliminary factual and legal 

conclusions. Pursuant to 19 CFR 

351.221(b)(4)(ii), interested parties will 

have an opportunity to comment on the 

preliminary results. The Department 

will issue its final results of review in 

accordance with the time limits set forth 

in 19 CFR 351.216(e). 

This notice is in accordance with 

section 751(b)(1) of the Act. 

Dated: March 18, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–6438 Filed 3–23–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

North American Free-Trade 

Agreement, Article 1904 NAFTA Panel 

Reviews; Request for Panel Review 

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of First Request for Panel 

Review. 

SUMMARY: On March 11, 2009, 

ThyssenKrupp Mexinox S.A. de C.V. 

and Mexinox USA, Inc. (collectively 

‘‘Mexinox’’), filed a First Request for 

Panel Review with the United States 

Section of the NAFTA Secretariat 

pursuant to Article 1904 of the North 

American Free Trade Agreement. Panel 

Review was requested of the Final 

Results of the 2006–2007 Antidumping 

Duty Administrative Review, made by 

the International Trade Administration, 

respecting Stainless Steel Sheet and 

Strip in Coils from Mexico. This 

determination was published in the 

Federal Register (74 FR 6365), on 

February 9, 2009. The NAFTA 

Secretariat has assigned Case Number 

USA–MEX–2009–1904–02 to this 

request. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Dees, United States Secretary, 

NAFTA Secretariat, Suite 2061, 14th 

and Constitution Avenue, NW., 

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

SUPPLEMENTARY INFORMATION: Chapter 

19 of the North American Free-Trade 

Agreement (‘‘Agreement’’) established 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). 

A first Request for Panel Review was 

filed with the United States Section of 

the NAFTA Secretariat, pursuant to 

Article 1904 of the Agreement, on 

March 11, 2009, requesting a panel 

review of the determination and order 

described above. 

The Rules provide that: 

(a) A Party or interested person may 

challenge the final determination in 

whole or in part by filing a Complaint 

in accordance with Rule 39 within 30 

days after the filing of the first Request 

for Panel Review (the deadline for filing 

a Complaint is April 10, 2009); 

(b) A Party, investigating authority or 

interested person that does not file a 

Complaint but that intends to appear in 

support of any reviewable portion of the 

final determination may participate in 

the panel review by filing a Notice of 

Appearance in accordance with Rule 40 

within 45 days after the filing of the first 

Request for Panel Review (the deadline 

for filing a Notice of Appearance is 

April 27, 2009); and 

(c) The panel review shall be limited 

to the allegations of error of fact or law, 

including the jurisdiction of the 

investigating authority, that are set out 

in the Complaints filed in panel review 

and the procedural and substantive 

defenses raised in the panel review. 

Dated: March 19, 2009. 

Valerie Dees, 

United States Secretary, NAFTA Secretariat. 

[FR Doc. E9–6454 Filed 3–23–09; 8:45 am] 

BILLING CODE 3510–GT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Requests 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 February 

anniversary dates. In accordance with 

the Department’s regulations, we are 

initiating those administrative reviews. 

The Department also received requests 

to revoke one antidumping duty and 

one countervailing duty order in part. 

DATES: Effective Date: March 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sheila E. Forbes, 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) 482–4697. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department has received timely 

requests, in accordance with 19 CFR 

351.213(b)(2004), for administrative 

reviews of various antidumping and 

countervailing duty orders and findings 

with February anniversary dates. With 

respect to the antidumping duty orders 

on Frozen Warmwater Shrimp from 

Brazil, India, Thailand, the People’s 

Republic of China and the Socialist 

Republic of Vietnam, the initiation of 

the antidumping duty administrative 

review for these cases will be published 

in a separate initiation notice. The 

Department also received timely 

requests to revoke in part the 

antidumping duty order on Stainless 

Steel Bars from India with respect to 

one exporter and the countervailing 

duty order on Certain Cut-to-Length 

Carbon Quality Steel Plate from the 

Republic of Korea with respect to one 

exporter. 

Notice of No Sales 

Under 19 CFR 351.213(d)(3), the 

Department may rescind a review where 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12311 

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. 

there are no exports, sales, or entries of 

subject merchandise during the 

respective period of review (POR) listed 

below. If a producer or exporter named 

in this notice of initiation had no 

exports, sales, or entries during the 

POR, it should notify the Department 

within 30 days of publication of this 

notice in the Federal Register. The 

Department will consider rescinding the 

review only if the producer or exporter, 

as appropriate, submits a properly filed 

and timely statement certifying that it 

had no exports, sales, or entries of 

subject merchandise during the POR. 

All submissions must be made in 

accordance with 19 CFR 351.303 and 

are subject to verification in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (the Act). Six copies 

of the submission should be submitted 

to the Assistant Secretary for Import 

Administration, International Trade 

Administration, Room 1870, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230. Further, in 

accordance with 19 CFR 351.303(f)(1)(i), 

a copy of each request must be served 

on every party on the Department’s 

service list. 

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 five 

days of publication of this initiation 

notice and to make our decision 

regarding respondent selection within 

20 days of publication of this Federal 

Register notice. The Department invites 

comments regarding the CBP data and 

respondent selection within 10 calendar 

days of publication of this Federal 

Register notice. 

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 

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://ia.ita.doc.gov/nme/nme-seprate.html 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 30 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://ia.ita.doc.gov/nme/nme-seprate.html 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 NME-owned firms, wholly foreignowned firms, and foreign sellers that 

purchase and export subject 

merchandise to the United States. 

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 February 28, 2010. 

mstockstill on PROD1PC66 with NOTICES

12312 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 

3The initiation of the administrative review for 

the above referenced case will be published in a 

separate initiation notice. 4The Department had previously deferred the 

initiation of the reviews for the 05/06 and 07/08 

periods. See 71 FR 17077 (April 5, 2006) and 73 FR 

16837 (March 31, 2008). 

5The initiation of the administrative review for 

the above referenced case will be published in a 

separate initiation notice. 

6The initiation of the administrative review for 

the above referenced case will be published in a 

separate initiation notice. 

7 If the above-named company does not qualify 

for a separate rate, all other exporters of Heavy 

Forged Hand Tools from the People’s Republic of 

China who have not qualified for a separate rate are 

deemed to be covered by this review as part of the 

single PRC entity of which the named exporters are 

a part. 

8The initiation of the administrative review for 

the above referenced case will be published in a 

separate initiation notice. 

9The initiation of the administrative review for 

the above referenced case will be published in a 

separate initiation notice. 

Period to be 

reviewed 

Antidumping Duty Proceedings 

BRAZIL: 

Stainless Steel Bar, A–351–825 ............................................................................................................................................ 2/1/08–1/31/09 

Villares Metals S.A. 

Frozen Warmwater Shrimp 3, A–351–838 .............................................................................................................................. 2/1/08–1/31/09 

FRANCE: 

Low Enriched Uranium 4, A–427–818 .................................................................................................................................... 2/1/08–1/31/09 

2/1/07–1/31/08 

2/1/05–1/31/06 

Eurodif S.A./AREVA NC (formerly known as Cogema) 

INDIA: 

Stainless Steel Bar, A–533–810 ............................................................................................................................................ 2/1/08–1/31/09 

Ambica Steels Limited 

Venus Wire Industries Pvt. Ltd. 

Frozen Warmwater Shrimp 5, A–533–840 .............................................................................................................................. 2/1/08–1/31/09 

ITALY: 

Certain Cut-to-Length Carbon-Quality Steel Plate, A–475–826 ............................................................................................ 2/1/08–1/31/09 

Evraz Palini e Bertoli S.p.A. 

JAPAN: 

Carbon Steel Butt-Weld Pipe Fittings, A–588–602 ................................................................................................................ 2/1/08–1/31/09 

Benex Corporation 

Certain Cut-to-Length Carbon-Quality Steel Plate, A–588–847 ............................................................................................ 2/1/08–1/31/09 

Kawasaki Steel Corporation (and its alleged successor-in-interest JFE Steel Corporation) 

REPUBLIC OF KOREA: 

Certain Cut-to-Length Carbon-Quality Steel Plate, A–580–836 ............................................................................................ 2/1/08–1/31/09 

Daewoo International Corporation 

Dongkuk Steel Mill Co., Ltd. 

Hyosung Corporation 

Hyundai Mipo Dockyard Co., Ltd. 

JeongWoo Industrial Machine Co., Ltd. 

THAILAND: Frozen Warmwater Shrimp 6, A–549–822 ................................................................................................................. 2/1/08–1/31/09 

THE PEOPLE’S REPUBLIC OF CHINA: 

Axes/Adzes 7, A–570–803 ...................................................................................................................................................... 2/1/08–1/31/09 

Greenguard Industry Co., Ltd. 

Frozen Warmwater Shrimp 8, A–570–893 .............................................................................................................................. 2/1/08–1/31/09 

SOCIALIST REPUBLIC OF VIETNAM: Frozen Warmwater Shrimp 9, A–552–802 ..................................................................... 2/1/08–1/31/09 

Countervailing Duty Proceedings 

REPUBLIC OF KOREA: 

Certain Cut-to-Length Carbon-Quality Steel Plate, C–580–837 ............................................................................................ 1/1/08–12/31/08 

Dongkuk Steel Mill 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 

S.p.A. 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. 

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). 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 they meet the 

requirements of these procedures (e.g., 

the filing of separate letters of 

appearance as discussed at 19 CFR 

351.103(d)). 

These initiations and this notice are 

in accordance with section 751(a) of the 

Act of 1930, as amended (19 U.S.C. 

1675(a)), and 19 CFR 351.221(c)(1)(i). 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12313 

Dated: March 17, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, 

[FR Doc. E9–6347 Filed 3–23–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Quarterly Update to Annual Listing of 

Foreign Government Subsidies on 

Articles of Cheese Subject to an In– 

Quota Rate of Duty 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: March 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Gayle Longest, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Ave., NW, 

Washington, DC 20230, telephone: (202) 

482–3338. 

SUPPLEMENTARY INFORMATION: Section 

702 of the Trade Agreements Act of 

1979 (as amended) (‘‘the Act’’) requires 

the Department of Commerce (‘‘the 

Department’’) to determine, in 

consultation with the Secretary of 

Agriculture, whether any foreign 

government is providing a subsidy with 

respect to any article of cheese subject 

to an in–quota rate of duty, as defined 

in section 702(h) of the Act, and to 

publish an annual list and quarterly 

updates to the type and amount of those 

subsidies. We hereby provide the 

Department’s quarterly update of 

subsidies on articles of cheese that were 

imported during the period October 1, 

2008 through December 31, 2008. 

The Department has developed, in 

consultation with the Secretary of 

Agriculture, information on subsidies 

(as defined in section 702(h) of the Act) 

being provided either directly or 

indirectly by foreign governments on 

articles of cheese subject to an in–quota 

rate of duty. 

The appendix to this notice lists the 

country, the subsidy program or 

programs, and the gross and net 

amounts of each subsidy for which 

information is currently available. The 

Department will incorporate additional 

programs which are found to constitute 

subsidies, and additional information 

on the subsidy programs listed, as the 

information is developed. 

The Department encourages any 

person having information on foreign 

government subsidy programs which 

benefit articles of cheese subject to an 

in–quota rate of duty to submit such 

information in writing to the Assistant 

Secretary for Import Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Ave., NW, 

Washington, DC 20230. 

This determination and notice are in 

accordance with section 702(a) of the 

Act. 

Dated: March 16, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

APPENDIX 

SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN–QUOTA RATE OF DUTY 

Country Program(s) Gross1 Subsidy 

($/lb) 

Net2 Subsidy 

($/lb) 

27 European Union Member States3 ......................... European Union Restitution Payments .............. $ 0.00 $0.00 

Canada ........................................................................ Export Assistance on Certain Types of Cheese $ 0.29 $ 0.29 

Norway ........................................................................ Indirect (Milk) Subsidy ........................................ $ 0.00 $ 0.00 

..................................................................................... Consumer Subsidy ............................................. $ 0.00 $ 0.00 

..................................................................................... Total ................................................................... $ 0.00 $ 0.00 

Switzerland .................................................................. Deficiency Payments .......................................... $ 0.00 $ 0.00 

1 Defined in 19 U.S.C. 1677(5). 

2 Defined in 19 U.S.C. 1677(6). 

3The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, 

Spain, Sweden, the United Kingdom. 

[FR Doc. E9–6340 Filed 3–23–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO01 

Magnuson–Stevens Act Provisions; 

General Provisions for Domestic 

Fisheries; Application for Exempted 

Fishing Permits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of a proposal to 

conduct exempted fishing; request for 

comments. 

SUMMARY: The Assistant Regional 

Administrator for Sustainable Fisheries, 

Northeast Region, NMFS (Assistant 

Regional Administrator), has made a 

preliminary determination that the 

subject Exempted Fishing Permit (EFP) 

application that was submitted by the 

Gulf of Maine Research Institute (GMRI) 

warrants further consideration and 

should be issued for public comment. 

The EFP would exempt participating 

vessels from the seasonal Atlantic 

herring (herring) Management Area 1A 

and Management Area 1B quota 

closures, seasonal Management Area 1A 

gear restrictions, and herring trip 

possession limits. The Assistant 

Regional Administrator has also made a 

preliminary determination that the 

activities authorized under the EFP 

would be consistent with the goals and 

objectives of the Atlantic Herring 

Fishery Management Plan (FMP). 

However, further review and 

consultation may be necessary before a 

final determination is made. 

DATES: Comments must be received on 

or before April 8, 2009. 

ADDRESSES: Comments may be 

submitted by e–mail to 

herring.efp@noaa.gov. Include in the 

subject line of the e–mail comment the 

following document identifier: 

‘‘Comments on GMRI herring EFP.’’ 

Written comments should be sent to 

Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

mstockstill on PROD1PC66 with NOTICES