52122 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 

1No response to this request for information is 

required if a currently valid Office of Management 

and Budget (OMB) number is not displayed; the 

OMB number is 3117–0016/USITC No. 05–5–138, 

expiration date June 30, 2008. Public reporting 

burden for the request is estimated to average 10 

hours per response. Please send comments 

regarding the accuracy of this burden estimate to 

the Office of Investigations, U.S. International Trade 

Commission, 500 E Street, SW., Washington, DC 

20436. 

The DEIS is also available on the 

Internet at the following Web address: 

http://www.usbr.gov/uc/albuq/library/ 

eis/carlsbad/carlsbad.html. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Marsha Carra, Bureau of Reclamation, 

Albuquerque Area Office, 555 Broadway 

NE., Suite 100, Albuquerque, New 

Mexico 87102; telephone (505) 462–

3602; facsimile (505) 462–3780; e-mail: 

mcarra@uc.usbr.gov or Ms. Coleman 

Smith, New Mexico Interstate Stream 

Commission, P.O. Box 25102, Santa Fe, 

New Mexico 87504; telephone (505) 

476–0551, e-mail: 

coleman.smith@state.nm.us. 

SUPPLEMENTARY INFORMATION: The 

purpose of Reclamation’s proposed 

federal action is to avoid jeopardy to the 

Pecos bluntnose shiner and to conserve 

the Carlsbad Project water supply. To 

avoid jeopardy to the shiner means that 

Reclamation would ensure that any 

discretionary action they authorize, 

fund, or carry out is not likely to 

jeopardize the continued existence of a 

listed species or result in the 

destruction or adverse modification of 

critical habitat. Reclamation would 

continue to participate in interagency 

actions to protect federally-listed 

species and designated critical habitats, 

within their legal and discretionary 

authority. Conserving the Carlsbad 

Project water supply means delivering 

the amount of water to the project that 

would otherwise be available but for 

changes to operations. The need for 

Reclamation’s action is to operate the 

Pecos River facilities so as not to 

jeopardize the continued existence of 

the shiner or destroy or adversely 

modify designated critical habitat and to 

maintain the Carlsbad Project water 

supply for authorized purposes. 

Without reoperation of Sumner Dam, 

stream flows in the Pecos River may be 

insufficient to meet basic habitat needs 

of the shiner and the future existence of 

the shiner may be in jeopardy. Without 

an accompanying program to acquire 

and provide water, reductions to the 

Carlsbad Project water supply would 

occur. 

The proposed federal action that 

requires NEPA compliance is the 

reoperation of Sumner Dam to provide 

flows in the Pecos River to conserve the 

shiner, and the implementation of a 

water acquisition program to conserve 

the Carlsbad Project water supply. The 

alternatives vary in flow targets or 

minimum flows at the Taiban or Acme 

gages. Depending on the alternative, 

these targets can be constant or variable 

by time of year or whether river 

conditions are dry, average, or wet. 

Action alternatives also include 

common guidance for block releases, a 

habitat conservation pool, an adaptive 

management plan, and implementation 

of an interagency management 

agreement. Reduction to Carlsbad 

Project water resulting from changes in 

operations to conserve the shiner would 

be offset through a variety of options 

that are analyzed independently of the 

alternatives. Other options have been 

developed to acquire water to directly 

augment river flows for the benefit of 

the shiner. Implementation of some of 

these options would require additional 

authorization, permitting, and projectspecific NEPA analysis. 

After the 60-day waiting period, 

Reclamation will complete a final 

environmental impact statement (FEIS). 

Responses to comments received from 

organizations and individuals on the 

DEIS will be addressed in the FEIS. 

Public Disclosure 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public 

review. Individual respondents may 

request that we withhold their home 

address from public disclosure, which 

we will honor to the extent allowable by 

law. There also may be circumstances in 

which we would withhold a 

respondent’s identity from public 

disclosure, as allowable by law. If you 

wish us to withhold your name and/or 

address, you must state this 

prominently at the beginning of your 

comment. We will make all submissions 

from organizations or businesses, and 

from individuals identifying themselves 

as representatives or officials of 

organizations or businesses, available 

for public disclosure in their entirety. 

Dated: August 25, 2005. 

William E. Rinne, 

Deputy Commissioner, Bureau of 

Reclamation. 

[FR Doc. 05–17265 Filed 8–31–05; 8:45 am] 

BILLING CODE 4310–MN–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–696 (Second 

Review)] 

Pure Magnesium From China 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of a five-year review 

concerning the antidumping duty order 

on pure magnesium from China. 

SUMMARY: The Commission hereby gives 

notice that it has instituted a review 

pursuant to section 751(c) of the Tariff 

Act of 1930 (19 U.S.C. 1675(c)) (the Act) 

to determine whether revocation of the 

antidumping duty order on pure 

magnesium from China would be likely 

to lead to continuation or recurrence of 

material injury. Pursuant to section 

751(c)(2) of the Act, interested parties 

are requested to respond to this notice 

by submitting the information specified 

below to the Commission; 1 to be 

assured of consideration, the deadline 

for responses is October 21, 2005. 

Comments on the adequacy of responses 

may be filed with the Commission by 

November 14, 2005. For further 

information concerning the conduct of 

this review and rules of general 

application, consult the Commission’s 

Rules of Practice and Procedure, part 

201, subparts A through E (19 CFR part 

201), and part 207, subparts A, D, E, and 

F (19 CFR part 207). 

EFFECTIVE DATE: September 1, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Mary Messer (202–205–3193), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street SW., 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202–

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server (http:// 

www.usitc.gov). The public record for 

this review may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background. On May 12, 1995, the 

Department of Commerce issued an 

antidumping duty order on imports of 

pure magnesium from China (60 FR 

25691). Following five-year reviews by 

Commerce and the Commission, 

effective October 27, 2000, Commerce 

issued a continuation of the 

antidumping duty order on imports of 

pure magnesium from China (65 FR 

64422). The Commission is now 

conducting a second review to 

determine whether revocation of the 

order would be likely to lead to 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 52123 

2Off-spec pure magnesium is magnesium 

containing between 50 percent and 99.8 percent 

primary magnesium, by weight, that does not 

conform to ASTM specifications for alloy 

magnesium. Off-spec pure magnesium is pure 

primary magnesium containing magnesium scrap, 

secondary magnesium, oxidized magnesium, or 

impurities (whether or not intentionally added) that 

cause the primary magnesium content to fall below 

99.8 percent by weight. It generally does not 

contain, individually or in combination, 1.5 percent 

or more, by weight, of the following alloying 

elements: aluminum, manganese, zinc, silicon, 

thorium, zirconium, and rare earths. 

continuation or recurrence of material 

injury to the domestic industry within 

a reasonably foreseeable time. It will 

assess the adequacy of interested party 

responses to this notice of institution to 

determine whether to conduct a full 

review or an expedited review. The 

Commission’s determination in any 

expedited review will be based on the 

facts available, which may include 

information provided in response to this 

notice. 

Definitions. The following definitions 

apply to this review: 

(1) Subject Merchandise is the class or 

kind of merchandise that is within the 

scope of the five-year review, as defined 

by the Department of Commerce. 

(2) The Subject Country in this review 

is China. 

(3) The Domestic Like Product is the 

domestically produced product or 

products which are like, or in the 

absence of like, most similar in 

characteristics and uses with, the 

Subject Merchandise. In its original 

determination and its expedited fiveyear review determination, the 

Commission defined the Domestic Like 

Product as all pure magnesium, 

including off-specification (‘‘off-spec’’) 

pure magnesium,2 coextensive with 

Commerce’s scope definition. One 

Commissioner defined the Domestic 

Like Product differently in the original 

investigation. 

(4) The Domestic Industry is the U.S. 

producers as a whole of the Domestic 

Like Product, or those producers whose 

collective output of the Domestic Like 

Product constitutes a major proportion 

of the total domestic production of the 

product. In its original determination 

and its expedited five-year review 

determination, the Commission defined 

the Domestic Industry as all producers 

of pure magnesium, including off-spec 

pure magnesium, coextensive with 

Commerce’s scope definition. One 

Commissioner defined the Domestic 

Industry differently in the original 

investigation. 

(5) An Importer is any person or firm 

engaged, either directly or through a 

parent company or subsidiary, in 

importing the Subject Merchandise into 

the United States from a foreign 

manufacturer or through its selling 

agent. 

Participation in the review and public 

service list. Persons, including 

industrial users of the Subject 

Merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in the review as parties must 

file an entry of appearance with the 

Secretary to the Commission, as 

provided in section 201.11(b)(4) of the 

Commission’s rules, no later than 21 

days after publication of this notice in 

the Federal Register. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the review. 

Former Commission employees who 

are seeking to appear in Commission 

five-year reviews are reminded that they 

are required, pursuant to 19 CFR 201.15, 

to seek Commission approval if the 

matter in which they are seeking to 

appear was pending in any manner or 

form during their Commission 

employment. The Commission is 

seeking guidance as to whether a second 

transition five-year review is the ‘‘same 

particular matter’’ as the underlying 

original investigation for purposes of 19 

CFR 201.15 and 18 U.S.C. 207, the post 

employment statute for Federal 

employees. Former employees may seek 

informal advice from Commission ethics 

officials with respect to this and the 

related issue of whether the employee’s 

participation was ‘‘personal and 

substantial.’’ However, any informal 

consultation will not relieve former 

employees of the obligation to seek 

approval to appear from the 

Commission under its rule 201.15. For 

ethics advice, contact Carol McCue 

Verratti, Deputy Agency Ethics Official, 

at 202–205–3088. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and APO service list. Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

submitted in this review available to 

authorized applicants under the APO 

issued in the review, provided that the 

application is made no later than 21 

days after publication of this notice in 

the Federal Register. Authorized 

applicants must represent interested 

parties, as defined in 19 U.S.C. 1677(9), 

who are parties to the review. A 

separate service list will be maintained 

by the Secretary for those parties 

authorized to receive BPI under the 

APO. 

Certification. Pursuant to section 

207.3 of the Commission’s rules, any 

person submitting information to the 

Commission in connection with this 

review must certify that the information 

is accurate and complete to the best of 

the submitter’s knowledge. In making 

the certification, the submitter will be 

deemed to consent, unless otherwise 

specified, for the Commission, its 

employees, and contract personnel to 

use the information provided in any 

other reviews or investigations of the 

same or comparable products which the 

Commission conducts under Title VII of 

the Act, or in internal audits and 

investigations relating to the programs 

and operations of the Commission 

pursuant to 5 U.S.C. Appendix 3. 

Written submissions. Pursuant to 

section 207.61 of the Commission’s 

rules, each interested party response to 

this notice must provide the information 

specified below. The deadline for filing 

such responses is October 21, 2005. 

Pursuant to section 207.62(b) of the 

Commission’s rules, eligible parties (as 

specified in Commission rule 

207.62(b)(1)) may also file comments 

concerning the adequacy of responses to 

the notice of institution and whether the 

Commission should conduct an 

expedited or full review. The deadline 

for filing such comments is November 

14, 2005. All written submissions must 

conform with the provisions of sections 

201.8 and 207.3 of the Commission’s 

rules and any submissions that contain 

BPI must also conform with the 

requirements of sections 201.6 and 

207.7 of the Commission’s rules. The 

Commission’s rules do not authorize 

filing of submissions with the Secretary 

by facsimile or electronic means, except 

to the extent permitted by section 201.8 

of the Commission’s rules, as amended, 

67 FR 68036 (November 8, 2002). Also, 

in accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

review must be served on all other 

parties to the review (as identified by 

either the public or APO service list as 

appropriate), and a certificate of service 

must accompany the document (if you 

are not a party to the review you do not 

need to serve your response). 

Inability to provide requested 

information. Pursuant to section 

207.61(c) of the Commission’s rules, any 

interested party that cannot furnish the 

information requested by this notice in 

the requested form and manner shall 

notify the Commission at the earliest 

possible time, provide a full explanation 

of why it cannot provide the requested 

information, and indicate alternative 

forms in which it can provide 

equivalent information. If an interested 

party does not provide this notification 

(or the Commission finds the 

52124 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 

explanation provided in the notification 

inadequate) and fails to provide a 

complete response to this notice, the 

Commission may take an adverse 

inference against the party pursuant to 

section 776(b) of the Act in making its 

determination in the review. 

Information To Be Provided in 

Response to This Notice of Institution: 

As used below, the term ‘‘firm’’ includes 

any related firms. 

(1) The name and address of your firm 

or entity (including World Wide Web 

address if available) and name, 

telephone number, fax number, and 

E-mail address of the certifying official. 

(2) A statement indicating whether 

your firm/entity is a U.S. producer of 

the Domestic Like Product, a U.S. union 

or worker group, a U.S. importer of the 

Subject Merchandise, a foreign producer 

or exporter of the Subject Merchandise, 

a U.S. or foreign trade or business 

association, or another interested party 

(including an explanation). If you are a 

union/worker group or trade/business 

association, identify the firms in which 

your workers are employed or which are 

members of your association. 

(3) A statement indicating whether 

your firm/entity is willing to participate 

in this review by providing information 

requested by the Commission. 

(4) A statement of the likely effects of 

the revocation of the antidumping duty 

order on the Domestic Industry in 

general and/or your firm/entity 

specifically. In your response, please 

discuss the various factors specified in 

section 752(a) of the Act (19 U.S.C. 

1675a(a)) including the likely volume of 

subject imports, likely price effects of 

subject imports, and likely impact of 

imports of Subject Merchandise on the 

Domestic Industry. 

(5) A list of all known and currently 

operating U.S. producers of the 

Domestic Like Product. Identify any 

known related parties and the nature of 

the relationship as defined in section 

771(4)(B) of the Act (19 U.S.C. 

1677(4)(B)). 

(6) A list of all known and currently 

operating U.S. importers of the Subject 

Merchandise and producers of the 

Subject Merchandise in the Subject 

Country that currently export or have 

exported Subject Merchandise to the 

United States or other countries after 

1999. 

(7) If you are a U.S. producer of the 

Domestic Like Product, provide the 

following information on your firm’s 

operations on that product during 

calendar year 2004 (report quantity data 

in metric tons and value data in U.S. 

dollars, f.o.b. plant). If you are a union/ 

worker group or trade/business 

association, provide the information, on 

an aggregate basis, for the firms in 

which your workers are employed/ 

which are members of your association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total U.S. production of the Domestic 

Like Product accounted for by your 

firm’s(s’) production; 

(b) The quantity and value of U.S. 

commercial shipments of the Domestic 

Like Product produced in your U.S. 

plant(s); and 

(c) The quantity and value of U.S. 

internal consumption/company 

transfers of the Domestic Like Product 

produced in your U.S. plant(s). 

(8) If you are a U.S. importer or a 

trade/business association of U.S. 

importers of the Subject Merchandise 

from the Subject Country, provide the 

following information on your firm’s(s’) 

operations on that product during 

calendar year 2004 (report quantity data 

in metric tons and value data in U.S. 

dollars). If you are a trade/business 

association, provide the information, on 

an aggregate basis, for the firms which 

are members of your association. 

(a) The quantity and value (landed, 

duty-paid but not including 

antidumping duties) of U.S. imports 

and, if known, an estimate of the 

percentage of total U.S. imports of 

Subject Merchandise from the Subject 

Country accounted for by your firm’s(s’) 

imports; 

(b) The quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. commercial shipments of Subject 

Merchandise imported from the Subject 

Country; and 

(c) The quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. internal consumption/company 

transfers of Subject Merchandise 

imported from the Subject Country. 

(9) If you are a producer, an exporter, 

or a trade/business association of 

producers or exporters of the Subject 

Merchandise in the Subject Country, 

provide the following information on 

your firm’s(s’) operations on that 

product during calendar year 2004 

(report quantity data in metric tons and 

value data in U.S. dollars, landed and 

duty-paid at the U.S. port but not 

including antidumping duties). If you 

are a trade/business association, provide 

the information, on an aggregate basis, 

for the firms which are members of your 

association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total production of Subject Merchandise 

in the Subject Country accounted for by 

your firm’s(s’) production; and 

(b) The quantity and value of your 

firm’s(s’) exports to the United States of 

Subject Merchandise and, if known, an 

estimate of the percentage of total 

exports to the United States of Subject 

Merchandise from the Subject Country 

accounted for by your firm’s(s’) exports. 

(10) Identify significant changes, if 

any, in the supply and demand 

conditions or business cycle for the 

Domestic Like Product that have 

occurred in the United States or in the 

market for the Subject Merchandise in 

the Subject Country after 1999, and 

significant changes, if any, that are 

likely to occur within a reasonably 

foreseeable time. Supply conditions to 

consider include technology; 

production methods; development 

efforts; ability to increase production 

(including the shift of production 

facilities used for other products and the 

use, cost, or availability of major inputs 

into production); and factors related to 

the ability to shift supply among 

different national markets (including 

barriers to importation in foreign 

markets or changes in market demand 

abroad). Demand conditions to consider 

include end uses and applications; the 

existence and availability of substitute 

products; and the level of competition 

among the Domestic Like Product 

produced in the United States, Subject 

Merchandise produced in the Subject 

Country, and such merchandise from 

other countries. 

(11) (OPTIONAL) A statement of 

whether you agree with the above 

definitions of the Domestic Like Product 

and Domestic Industry; if you disagree 

with either or both of these definitions, 

please explain why and provide 

alternative definitions. 

Authority: This review is being conducted 

under authority of title VII of the Tariff Act 

of 1930; this notice is published pursuant to 

section 207.61 of the Commission’s rules. 

By order of the Commission. 

Issued: August 29, 2005. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–17441 Filed 8–31–05; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–540 and 541 

(Second Review)] 

Certain Welded Stainless Steel Pipe 

From Korea and Taiwan 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of five-year reviews 

concerning the antidumping duty orders 

on certain welded stainless steel pipe 

from Korea and Taiwan.