Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 19527 

1See Notice of Amended Final Determination of 

Sales at Less Than Fair Value and Antidumping 

Duty Order; Stainless Steel Sheet and Strip in Coils 

Continued 

(twine top) study from minimum twine 

top mesh sizes, Closed Area I Access 

Area (CAI) and Closed Area II Access 

Area (CAII) scallop vessel trip 

restrictions, and fish possession 

restrictions, should be issued for public 

comment. Although the Assistant 

Regional Administrator has not made a 

preliminary determination that the 

activities authorized under the EFP 

would be consistent with the goals and 

objectives of the Atlantic Sea Scallop 

Fishery Management Plan (FMP), NMFS 

seeks public comment on the 

exemptions the EFP is requesting. 

Further review and consultation may be 

necessary before a final determination is 

made. 

DATES: Comments must be received on 

or before May 14, 2009. 

ADDRESSES: Comments may be 

submitted by e–mail to DA9– 

039@noaa.gov. Include in the subject 

line of the e–mail comment the 

following document identifier: 

‘‘Comments on dredge twine top 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 

outside of the envelope, ‘‘Comments on 

dredge twine top EFP.’’ Comments may 

also be sent via facsimile (fax) to (978) 

281–9135. 

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fisheries Management Specialist, 

phone: 978–281–9221, fax: 978–281– 

9135. 

SUPPLEMENTARY INFORMATION: 

Coonamessett Farm submitted this EFP 

application for research activities that 

would assess a modified scallop dredge 

twine top (twine top) designed to reduce 

finfish bycatch while improving the 

retention of scallops. The subject EFP 

would exempt vessels from the 

following regulations: Ten–inch (25.4– 

cm) minimum twine top mesh size 

specified at 50 CFR 648.51(b)(2); CAI 

and CA II scallop vessel trip restrictions 

specified at § 648.81(a)(1)(vi) and 

(b)(1)(v); and exemptions from scallop, 

Northeast multispecies, monkfish, 

summer flounder, black sea bass, scup, 

spiny dogfish, and skate possession 

restrictions specified throughout 50 CFR 

part 648. 

The applicant states that previous 

twine top selectivity research found that 

the aft portion of the twine top is where 

most scallop escapement occurs, and 

the forward portion of the twine top is 

where most finfish escapement occurs. 

The applicant postulates, that by 

decreasing the mesh size to 6 inches 

(15.2 cm) in the aft portion of the twine 

top while increasing the mesh size to 12 

in (30.5 cm) in the forward portion of 

the twine top, both scallop retention 

and finfish escapement would increase. 

The experimental twine top would also 

have a lower hanging ratio than that of 

a traditionally hung twine top, with the 

hypothesis that this may further reduce 

finfish bycatch. 

The applicant states that, to 

effectively test the modified twine top, 

field trials must occur in areas of high 

finfish bycatch such as those found in 

the scallop Access Areas CAI and CAII. 

However, the CAI Access Area is closed 

to scallop fishing for the 2009 fishing 

year (March 1, 2009—February 28, 

2010). The applicant requests up to 

three 7-day trips between May and June 

of 2009, in the Access Areas CAI and/ 

or CAII, when the access areas are 

closed to scallop fishing. On these trips, 

the applicant would compare identical 

dredge frames fitted with a standard 

twine top and a modified twine top. All 

scallops and finfish caught during these 

trips would be processed to obtain 

morphological data and then returned to 

the sea as soon as possible. 

In addition to testing the twine top in 

CAI and CAII, the applicant requests 

authorization to test the modified twine 

top on up to three fishing trips to the 

Delmarva Scallop Access Area 

(DELMARVA) and/or Elephant Trunk 

Access Area (ETAA). Both the 

DELMARVA and ETAA are open to 

scallop fishing in the 2009 fishing year. 

Exemption from scallop, Northeast 

multispecies, monkfish, summer 

flounder, black sea bass, scup, spiny 

dogfish, and skate possession 

restrictions would authorize project 

investigators to temporarily possess 

finfish for scientific data collection 

purposes prior to returning all finfish to 

the sea. 

Regulations under the Magnuson– 

Stevens Fishery Conservation and 

Management Act require publication of 

this notification to provide interested 

parties the opportunity to comment on 

applications for proposed EFPs. The 

applicant may place requests for minor 

modifications and extensions to the EFP 

throughout the year. EFP modifications 

and extensions may be granted without 

further notice if they are deemed 

essential to facilitate completion of the 

proposed research and minimal so as 

not to change the scope or impact of the 

initially approved EFP request. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 24, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–9816 Filed 4–28–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–201–822 

Implementation of the Findings of the 

WTO Dispute Settlement Panel and 

Appellate Body in United States - Final 

Anti–Dumping Measures on Stainless 

Steel from Mexico: Notice of 

Determination Under Section 129 of 

the Uruguay Round Agreements Act 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 31, 2009, the 

Department of Commerce (the 

Department) issued a determination 

regarding the dumping margin 

calculation in the less–than-fair–value 

investigation of stainless steel sheet and 

strip in coils (stainless steel) from 

Mexico challenged by Mexico before the 

World Trade Organization (WTO). On 

April 23, 2009, the U.S. Trade 

Representative (USTR) instructed the 

Department to implement in whole this 

determination under section 129 of the 

Uruguay Round Agreements Act 

(URAA). The Department is now 

implementing this determination. 

EFFECTIVE DATE: The effective date of 

this determination is April 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Scott or Robert James, AD/CVD 

Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Ave., NW, Washington, DC 20230; 

telephone: (202) 482–2657 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 9, 2008, the Department 

advised interested parties it was 

initiating a proceeding under section 

129 of the URAA to issue a 

determination with respect to the 

investigation of stainless steel from 

Mexico that would implement findings 

of the WTO dispute settlement panel in 

United States - Final Anti–Dumping 

Measures on Stainless Steel from 

Mexico, WT/DS344/R (December 20, 

2007). On January 12, 2009, the 

Department issued its preliminary 

results, in which it recalculated the 

weighted–average dumping margins 

from the less–than-fair–value 

investigation of stainless steel from 

Mexico1 by applying the calculation 


pwalker on PROD1PC71 with NOTICES
19528 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 

From Mexico, 64 FR 40560 (July 27, 1999) 

(Amended Final Determination and Order). 

methodology described in Antidumping 

Proceedings: Calculation of the 

Weighted–Average Dumping Margin 

During an Antidumping Investigation; 

Final Modification, 71 FR 77722 

(December 27, 2006). The Department 

also invited interested parties to 

comment on the preliminary results. 

After receiving comments and rebuttal 

comments from interested parties, the 

Department issued its final results for 

the section 129 determination on March 

31, 2009. 

Consistent with section 129(b)(3) of 

the URAA, USTR held consultations 

with the Department and the 

appropriate congressional committees 

with respect to this determination. On 

April 23, 2009, in accordance with 

sections 129(b)(4) and 129(c)(1)(B) of the 

URAA, USTR directed the Department 

to implement in whole this 

determination. 

Nature of the Proceedings 

Section 129 of the URAA governs the 

nature and effect of determinations 

issued by the Department to implement 

findings by WTO dispute settlement 

panels and the Appellate Body. 

Specifically, section 129(b)(2) provides 

that ‘‘notwithstanding any provision of 

the Tariff Act of 1930,’’ within 180 days 

of a written request from USTR, the 

Department shall issue a determination 

that would render its actions not 

inconsistent with an adverse finding of 

a WTO panel or the Appellate Body. See 

19 U.S.C. 3538(b)(2). The Statement of 

Administrative Action accompanying 

the URAA (SAA), H.R. Doc. No. 103– 

316, Vol. 1 (1994), reprinted in 1994 

U.S.C.C.A.N. 3773 variously refers to 

such a determination by the Department 

as a ‘‘new,’’ ‘‘second,’’ and ‘‘different’’ 

determination. See SAA at 1025 and 

1027. After consulting with the 

Department and the appropriate 

congressional committees, USTR may 

direct the Department to implement, in 

whole or in part, the new determination 

made under section 129. See 19 U.S.C. 

3538(b)(4). Pursuant to section 129(c), 

the new determination shall apply with 

respect to unliquidated entries of the 

subject merchandise that are entered, or 

withdrawn from warehouse, for 

consumption on or after the date on 

which USTR directs the Department to 

implement the new determination. See 

19 U.S.C. 3538(c). The new 

determination is subject to judicial 

review separate and apart from judicial 

review of the Department’s original 

determination. See 19 U.S.C. 

1516a(a)(2)(B)(vii). 

Analysis of Comments Received 

The issues raised in the case and 

rebuttal briefs submitted by interested 

parties to this proceeding are addressed 

in the final results of proceeding under 

section 129 of the URAA. See ‘‘Issues 

and Decision Memorandum for the 

Final Results of Proceeding Under 

Section 129 of the Uruguay Round 

Agreements Act: Antidumping 

Measures on Stainless Steel from 

Mexico’’ from John M. Andersen, Acting 

Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration, dated March 31, 2009 

(Issues and Decision Memorandum), 

which is hereby adopted by this notice. 

The Issues and Decision Memorandum 

is on file in the Central Records Unit 

(CRU), room 1117 of the Department of 

Commerce main building and can be 

accessed directly at http://ia.ita.doc.gov/ 

download/section129/full–129– 

index.html. The paper copy and 

electronic version of the Issues and 

Decision Memorandum are identical in 

content. A list of the issues addressed in 

the Issues and Decision Memorandum is 

appended to this notice. 

Final Antidumping Margins 

The recalculated margins, unchanged 

from the preliminary results, are as 

follows: 

Manufacturer/Exporter Amended Final Determination2 Recalculated Weighted-Average Margins 

ThyssenKrupp Mexinox S.A. de C.V.3 ........................ 30.85 percent 30.69 percent 

All Others ..................................................................... 30.85 percent 30.69 percent 

2See Amended Final Determination and Order, 64 FR at 40562. 3This company was included in the less-than-fair-value investigation under the name of its predecessor, Mexinox S.A. de C.V. However, the 

Department subsequently made a formal successor-in-interest finding with respect to this company. See Stainless Steel Sheet and Strip in Coils 

from Mexico: Final Results of Changed Circumstances Antidumping Duty Administrative Review, 67 FR 48878 (July 26, 2002). 

Implementation 

On April 23, 2009, in accordance with 

sections 129(b)(4) and 129(c)(1)(B) of the 

URAA, USTR directed the Department 

to implement this determination, 

effective April 23, 2009. Accordingly, 

we will instruct U.S. Customs and 

Border Protection (CBP) to change the 

all–others cash–deposit rate from 30.85 

percent ad valorem to 30.69 percent ad 

valorem. 

This notice serves as the only 

reminder to parties subject to 

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 return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

This determination is issued and 

published in accordance with section 

129(c)(2)(A) of the URAA. 

Dated: April 23, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I 

Issues Raised in the Issues and Decision 

Memorandum 

Comment 1: Whether the Department 

Should Recalculate Margins in Eight 

Administrative Reviews 

[FR Doc. E9–9809 Filed 4–28–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO28 

Listing Endangered and Threatened 

Species: Initiation of Status Review for 

the Oregon Coast Evolutionarily 

Significant Unit of Coho Salmon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Initiation of status review and 

request for information. 

SUMMARY: We, NMFS, initiate a status 

review under the Endangered Species 

Act (ESA) for the Oregon Coast coho 


pwalker on PROD1PC71 with NOTICES