27706 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices 

1As explained in the memorandum from the 

Deputy Assistant Secretary for Import 

Administration, the Department has exercised its 

discretion to toll deadlines for the duration of the 

closure of the Federal Government from February 

5, through February 12, 2010. Thus, all deadlines 

in this segment of the proceeding have been 

extended by seven days. The revised deadline for 

the preliminary results of these antidumping duty 

administrative reviews is now June 9, 2010. See 

Memorandum to the Record from Ronald 

Lorentzen, DAS for Import Administration, 

regarding ≥Tolling of Administrative Deadlines As 

a Result of the Government Closure During the 

Recent Snowstorm, ‘‘dated February 12, 2010.’’ 

1The cash deposit rate currently applicable to 

Tyco is zero percent. The all-others rate is 10 

percent. 

results will now be due no later than 

June 18, 2010. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(2)(B)(iv) and 777(i) of the Act. 

Dated: May 11, 2010. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–11868 Filed 5–17ndash;10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–843), (A–570–901] 

Certain Lined Paper Products from 

India and People’s Republic of China: 

Extension of Time Limits for the 

Preliminary Results of Antidumping 

Duty Administrative Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Robinson or Stephanie Moore, 

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) 482–3797 or (202) 482– 

3692, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 26, 2009, the U.S. 

Department of Commerce 

(‘‘Department’’) published a notice of 

initiation of both the administrative 

review of the antidumping duty order 

on certain lined paper products (CLPP) 

from India, and the administrative 

review of the antidumping duty order 

on CLPP from the People’s Republic of 

China (PRC), covering the period 

September 1, 2008, to August 31, 2009. 

See Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation in 

Part, 74 FR 54956 (October 26, 2009). 

The preliminary results of these reviews 

are currently due no later than June 9, 

2010.1

Extension of Time Limit of Preliminary 

Results 

Section 751(a)(3)(A) of the Tariff Act 

of 1930, as amended (‘‘the Act’’), 

requires that the Department make a 

preliminary determination within 245 

days after the last day of the anniversary 

month of an order for which a review 

is requested. Section 751(a)(3)(A) of the 

Act further states that if it is not 

practicable to complete the review 

within the time period specified, the 

administering authority may extend the 

245-day period to issue its preliminary 

results to up to 365 days. 

We determine that completion of the 

preliminary results of these two reviews 

within the 245-day period is not 

practicable for the following reasons. 

Specifically, the CLPP from India 

review covers two mandatory 

respondents, one of which has not been 

individually examined previously. 

Given the complexity of the issues 

associated with this case, the 

Department needs additional time to 

address these issues with the new 

respondent. The CLPP from the PRC 

review covers four respondents. The 

Department needs additional time to 

analyze issues regarding affiliation for 

one respondent, and another 

respondent’s claim of no shipments 

during the period of review. Further, the 

Department needs additional time to 

gather and analyze a significant amount 

of information associated with 

affiliation, companies’ sales practices, 

the manufacturing costs regarding one 

respondent, and the customs entry data 

regarding another respondent. Finally, 

domestic interested parties have raised 

other issues in the CLPP from the PRC 

review which require the collection of 

additional information. Given the 

number and complexity of issues in 

these cases, and in accordance with 

section 751(a)(3)(A) of the Act, we are 

fully extending the time period for 

issuing the preliminary results of these 

reviews by 120 days. Therefore, the 

preliminary results are now due no later 

than October 7, 2010. The final results 

continue to be due 120 days after 

publication of the preliminary results. 

This notice is published pursuant to 

sections 751(a)(3)(A) and 777(i)(1) of the 

Act. 

Dated: May 12, 2010. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–11872 Filed 5–17–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–059] 

Pressure Sensitive Plastic Tape From 

Italy: Final Results of Antidumping 

Duty Changed Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: May 18, 2010. 

SUMMARY: On February 22, 2010, the 

Department of Commerce (the 

Department) preliminarily determined 

that Evotape S.p.A was the successor-ininterest to Tyco Adhesives Italia S.p.A. 

(Tyco), and that Evotape Packaging S.r.l. 

(Evotape Packaging) and Evotape 

Masking S.r.l. (Evotape Masking) are 

both successors-in-interest to Evotape 

S.p.A for purposes of determining 

antidumping liability. See Pressure 

Sensitive Plastic Tape from Italy: 

Preliminary Results of Antidumping 

Duty Changed Circumstances Review, 

75 FR 8925 (February 26, 2010) 

(Preliminary Results). We confirm our 

preliminary determination in these final 

results of changed circumstances 

review. 

FOR FURTHER INFORMATION CONTACT: 

Terre Keaton Stefanova or Rebecca 

Trainor, AD/CVD Operations, Office 2, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone: (202) 482–1280 

and (202) 482–4007, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 27, 2009, Evotape Packaging 

requested that the Department conduct 

an expedited changed circumstances 

review to determine that it is the 

successor-in-interest to Tyco for 

purposes of determining antidumping 

liability.1 On September 10, 2009, the 

Department initiated a changed 

circumstances review but did not 

expedite the review, as requested by 

Evotape Packaging, because questions 

remained as to the factual claims 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices 27707 

forming the basis of the change 

circumstances review request. See 

Pressure Sensitive Plastic Tape from 

Italy: Notice of Initiation of 

Antidumping Duty Changed 

Circumstances Review, 74 FR 47555 

(September 16, 2009) (Initiation Notice). 

On February 22, 2010, the Department 

preliminarily determined that Evotape 

S.p.A was the successor-in-interest to 

Tyco, and that Evotape Packaging and 

Evotape Masking were both successorsin-interest to Evotape S.p.A. As the 

ultimate successors-in-interest 

producing in-scope merchandise, we 

preliminarily found that Evotape 

Packaging and Evotape Masking should 

be assigned the antidumping duty cash 

deposit rate that is currently in effect for 

Tyco. See Preliminary Results. 

On March 12, 2010, we received 

comments from 3M Company (3M), a 

U.S. producer of the domestic like 

product and an interested party in this 

review. On March 18, 2010, we received 

rebuttal comments from Evotape 

Packaging and its affiliates Evotape 

Masking and Evotape S.p.A (collectively 

Evotape). For further discussion, see 

‘‘Analysis of Comments Received’’ 

section below. 

Scope of the Finding 

The product covered by the finding is 

pressure sensitive plastic tape (PSP 

Tape) measuring over one and threeeighths inches in width and not 

exceeding four mils in thickness, 

currently classifiable under subheadings 

3919.10.20 and 3919.90.50 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). The HTSUS 

subheadings are provided for 

convenience and for customs purposes. 

The written description remains 

dispositive. 

Analysis of Comments Received 

3M argues that because Evotape 

Masking has stated on the record that it 

does not ship or sell the subject 

merchandise to the United States, and 

has no future plans to do so, this 

changed circumstances review has been 

a purely theoretical exercise, and the 

Department has wasted its resources by 

granting a meaningless changed 

circumstances review request. On the 

other hand, 3M argues, if Evotape is 

indeed interested in the U.S. market, 

and has misled the Department 

regarding its intentions, the credibility 

of the information on the record is 

called into question. Under either 

scenario, according to 3M, there appears 

to be no reason to grant Evotape’s 

changed circumstances request at this 

time. (See Pressure Sensitive Tape from 

Italy: Comments of 3M Company on the 

Preliminary Results of the Changed 

Circumstances Review (March 12, 

2010)). 

Evotape asserts that 3M has not 

challenged any of the Department’s 

preliminary findings, but opposes 

Evotape’s changed circumstances 

request at this late date based solely on 

the representation of Evotape Masking 

that it has no intention to ship subject 

merchandise to the United States. 

Evotape asserts further that Evotape 

Packaging originally requested the 

changed circumstances review because 

it is the entity that intends to ship PSP 

Tape to the United States. Evotape 

contends, however, that it was 

appropriate, as a matter of law, for the 

Department to have ruled as it did with 

regard to both Evotape Packaging and 

Evotape Masking, even though Evotape 

Masking has no intention to export 

subject merchandise to the United 

States, because both companies are 

successors-in-interest to Evotape S.p.A. 

Evotape adds that, unlike in an annual 

administrative review which requires 

U.S. entry of a respondent’s 

merchandise during the review period 

for that respondent to have standing to 

request the review, there is no 

requirement in the statute or in the 

Department’s regulations mandating 

that an applicant for a changed 

circumstances review possess a present 

or future intention to ship subject 

merchandise to the United States. 

Evotape argues that the only 

requirement is that the applicant be an 

interested party, which is defined to 

include a ‘‘foreign manufacturer, 

producer, or exporter * * * of the 

subject merchandise.’’ See sections 

771(9)(A) and 751(b) of the Tariff Act of 

1930, as amended (the Act), and 19 CFR 

351.216. Evotape concludes that 

because both Evotape Packaging and 

Evotape Masking are producers of inscope merchandise, a fact which is 

undisputed, either or both of these 

companies were entitled to file a 

changed circumstances review request. 

Accordingly, it argues, 3M’s opposition 

is without merit. As there has been no 

challenge to the substance of the 

Department’s preliminary 

determination, Evotape requests that the 

Department issue its final 

determination, consistent with its 

preliminary determination. (See 

Evotape’s Reply to 3M’s PostPreliminary Determination Comments: 

Changed Circumstances Review in 

Pressure Sensitive Tape from Italy Case 

No. A–475–059 (March 18, 2010)). 

The Department’s Position 

As stated in the Initiation Notice, the 

Department initiated this changed 

circumstances review because Evotape 

presented sufficient information to 

warrant doing so under section 751(b)(1) 

of the Act and 19 CFR 351.216 (see 

Initiation Notice, 74 FR 47555). We 

agree with Evotape that neither the 

statute nor the Department’s regulations 

make the initiation and conduct of a 

changed circumstances review 

contingent upon an interested party’s 

intent to export the subject merchandise 

to the United States. Notwithstanding 

this fact, however, we note that at this 

time both Evotape Packaging and 

Evotape Masking are interested parties 

under section 771(9)(A) of the Act, as 

both produce PSP Tape, and Evotape 

Packaging exports it to the United 

States. Therefore, we have properly 

conducted this changed circumstances 

review in accordance with the statute 

and our regulations, and have 

concluded it based on the successor-ininterest analysis set out in the 

Preliminary Results. 

Final Results of ChangedCircumstances Review 

For the reasons stated in the 

Preliminary Results, we continue to find 

that Evotape S.p.A is the successor-ininterest to Tyco, and that Evotape 

Packaging and Evotape Masking are 

both successors-in-interest to Evotape 

S.p.A. Thus, Evotape Packaging and 

Evotape Masking should receive the 

same antidumping duty rate with 

respect to PSP Tape as Tyco. The cash 

deposit determination from this 

changed circumstances review will 

apply to all shipments of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication of the final 

results of this changed circumstances 

review. This deposit rate shall remain in 

effect until publication of the final 

results of the next administrative review 

in which Evotape participates. 

Notification 

This notice serves as a reminder to 

parties subject to administrative 

protective orders (APOs) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.306. 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. 

We are issuing and publishing these 

final results and notice in accordance 

with sections 751(b)(1) and 777(i)(1) and 

(2) of the Act, and 19 CFR 351.216 and 

351.221(c)(3). 

mstockstill on DSKH9S0YB1PROD with NOTICES

27708 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices 

Dated: May 12, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–11866 Filed 5–17–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

National Institute of Standards and 

Technology Performance Review 

Board Membership 

The National Institute of Standards 

and Technology Performance Review 

Board (NIST PRB) reviews performance 

appraisals, agreements, and 

recommended actions pertaining to 

employees in the Senior Executive 

Service and ST–3104 employees. The 

Board makes recommendations to the 

appropriate appointing authority 

concerning such matters so as to ensure 

the fair and equitable treatment of these 

individuals. 

This notice lists the membership of 

the NIST PRB and supersedes the list 

published in Federal Register Vol. 73, 

No. 164, pages 49646–49647, on August 

22, 2008: 

Michael Culpepper (C), Chief Human 

Capital Officer, National Institute of 

Standards & Technology, 

Gaithersburg, MD 20899. 

Appointment Expires: 12/31/12. 

Robert Dimeo (C), Deputy Director, 

NIST Center for Neutron Research, 

National Institute of Standards & 

Technology, Gaithersburg, MD 20899. 

Appointment Expires: 12/31/12. 

Stella Fiotes (C), (Alternate) Chief 

Facilities Management Officer, 

National Institute of Standards & 

Technology, Gaithersburg, MD 20899. 

Appointment Expires: 12/31/12. 

Ellen Herbst (C), Senior Advisor for 

Policy and Program Integration, Office 

of the Deputy Secretary, Department 

of Commerce, Washington, DC 20230. 

Appointment Expires: 12/31/2012. 

Sivaraj Shyam-Sunder (C), (Alternate) 

Director, Building and Fire Research 

Laboratory, National Institute of 

Standards & Technology, 

Gaithersburg, MD 20899. 

Appointment Expires: 12/31/10. 

Dated: May 11, 2010. 

Katharine Gebbie, 

Director, Physics Laboratory. 

[FR Doc. 2010–11843 Filed 5–17–10; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

RIN 0648–XV36 

Stanford University Habitat 

Conservation Plan 

AGENCIES: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce; Fish and Wildlife Service, 

Interior (DOI). 

ACTION: Notice; correction. 

SUMMARY: NMFS and FWS published a 

notice in the Federal Register on April 

12, 2010, announcing the availability of 

the Stanford University Habitat 

Conservation Plan (Plan), the Draft 

Environmental Impact Statement (DEIS) 

for Authorization of Incidental Take and 

Implementation of the Plan, and the 

Implementing Agreement (IA) for public 

review and comment. The document 

contained incorrect dates and contact 

information. 

DATES: This correction is effective May 

18, 2010. 

FOR FURTHER INFORMATION CONTACT: Gary 

Stern, 707–575–6060; or Sheila Larsen, 

916–414–6600. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

In the Federal Register of April 12, 

2010, in FR Doc. 2010-8300, on page 

18483, in the first column, correct the 

‘‘DATES’’ paragraph to read: 

DATES: Written comments on the DEIS, 

Plan, and IA, must be received by 5 p.m. 

Pacific Time on July 15, 2010. 

In the same Federal Register notice, 

on page 18483, in the first column, 

correct the ‘‘FOR FURTHER INFORMATION

CONTACT’’ paragraph to read: 

FOR FURTHER INFORMATION CONTACT: (1) 

Ms. Sheila Larsen, Senior Staff 

Biologist, U.S. Fish and Wildlife Service 

at 2800 Cottage Way, Room W-2605, 

Sacramento, California 95825; telephone 

916–414–6600; or (2) Gary Stern, San 

Francisco Bay Region Supervisor, 

National Marine Fisheries Service, 777 

Sonoma Avenue, Room 325, Santa Rosa, 

CA 95404 ; telephone 707–575–6060. 

Dated: May 11, 2010. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

Dated: May 11, 2010. 

Alexandra Pitts, 

Acting Deputy Region Director, Pacific 

Southwest Region, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2010–11852 Filed 5–17–10; 8:45 am] 

BILLING CODES 3510–22–S, 4310–55–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XV09 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Open Water 

Marine Survey Program in the Beaufort 

and Chukchi Seas, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments. 

SUMMARY: NMFS received an 

application from Shell Offshore Inc. 

(Shell) for an Incidental Harassment 

Authorization (IHA) to take marine 

mammals, by harassment, incidental to 

a proposed open water marine survey 

program in the Beaufort and Chukchi 

Seas, Alaska, between July and October 

2010. Pursuant to the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue an IHA to Shell to take, by Level 

B harassment only, eight species of 

marine mammals during the specified 

activity. 

DATES: Comments and information must 

be received no later than June 17, 2010. 

ADDRESSES: Comments on the 

application should be addressed to 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910. The mailbox address for 

providing e-mail comments is PR1.0648- 

XV09@noaa.gov. NMFS is not 

responsible for e-mail comments sent to 

addresses other than the one provided 

here. Comments sent via e-mail, 

including all attachments, must not 

exceed a 10-megabyte file size. 

Instructions: All comments received 

are a part of the public record and will 

mstockstill on DSKH9S0YB1PROD with NOTICES