Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 28239 

10See, e.g., OCTG, 74 FR at 59121. 11See OCTG, 74 FR at 59121. 

Department shall, subject to section 

782(d) of the Act, use the facts 

otherwise available in reaching the 

applicable determination under this 

title. Furthermore, section 776(b) of the 

Act provides that, if a party has failed 

to act to the best of its ability, the 

Department may apply an adverse 

inference. 

Thus, for the purposes of critical 

circumstances, we have applied adverse 

facts available (‘‘AFA’’) to Mayerton in 

accordance with sections 776(a) and (b) 

of the Act. Accordingly, as AFA we 

preliminarily find that there were 

massive imports of merchandise from 

Mayerton. 

C. Separate Rate Applicants 

As noted above, we requested seven 

months of shipment information from 

RHI, a mandatory respondent in this 

investigation, and determined that RHI’s 

imports were massive. Because it has 

been the Department’s practice to 

conduct its massive imports analysis of 

separate rate companies based on the 

experience of investigated companies,10

we did not request monthly shipment 

information from the separate rate 

applicants. The Department has relied 

upon RHI’s import data in determining 

whether there have been massive 

imports for the separate rate companies. 

Accordingly, based on RHI’s import 

data, we find that imports in the postpetition period were massive for those 

companies because RHI’s import 

volume is greater than 15 percent when 

comparing the base period to the 

comparison period. See Critical 

Circumstances Memo. Thus, pursuant to 

19 CFR 351.206(h), we determine that 

this increase, being greater than 15 

percent, shows that imports in the 

comparison period were massive for the 

separate rate companies. 

D. PRC-Wide Entity 

Because the PRC-wide entity did not 

cooperate with the Department by not 

responding to the Department’s 

antidumping questionnaire, we were 

unable to obtain shipment data from the 

PRC-wide entity for purposes of our 

critical circumstances analysis, and thus 

there is no verifiable information on the 

record with respect to its export 

volumes. 

Section 776(a)(2) of the Act provides 

that, if an interested party or any other 

person (A) withholds information that 

has been requested by the administering 

authority or the Commission under this 

title, (B) fails to provide such 

information by the deadlines for 

submission of the information or in the 

form and manner requested, subject to 

subsections (c)(1) and (e) of section 782 

of the Act, (C) significantly impedes a 

proceeding under the Act, or (D) 

provides such information but the 

information cannot be verified as 

provided in section 782(i) of the Act, the 

Department shall, subject to section 

782(d) of the Act, use the facts 

otherwise available in reaching the 

applicable determination under this 

title. 

Furthermore, section 776(b) of the Act 

provides that, if a party has failed to act 

to the best of its ability, the Department 

may apply an adverse inference. The 

PRC-wide entity did not respond to the 

Department’s request for information. 

Thus, we are using facts available, in 

accordance with section 776(a) of the 

Act, and, pursuant to section 776(b) of 

the Act, we also find that AFA is 

warranted because the PRC-wide entity 

has not acted to the best of its ability in 

not responding to the request for 

information. Accordingly, as AFA we 

preliminarily find that there were 

massive imports of merchandise from 

the PRC-wide entity.11

Critical Circumstances 

Record evidence indicates that 

importers of the merchandise under 

consideration knew, or should have 

known, that exporters were selling the 

merchandise at LTFV, and that there 

was likely to be material injury by 

reason of such sales. In addition, record 

evidence indicates that RHI, Mayerton, 

the separate rate applicants and the 

PRC-wide entity had massive imports 

during a relatively short period. 

Therefore, in accordance with section 

733(e)(1) of the Act, we preliminarily 

find that there is reason to believe or 

suspect that critical circumstances exist 

for imports of subject merchandise from 

RHI, Mayerton, the separate rate 

applicants and the PRC-wide entity in 

this antidumping duty investigation. 

ITC Notification 

In accordance with section 733(f) of 

the Act, we have notified the ITC of our 

preliminary determination. 

Public Comment 

As noted in the Preliminary 

Determination, case briefs or other 

written comments may be submitted to 

the Assistant Secretary for Import 

Administration no later than seven 

business days after the date on which 

the final verification report is issued in 

this proceeding. Rebuttal briefs limited 

to issues raised in case briefs must be 

received no later than five business days 

after the deadline date for case briefs. 

See 19 CFR 351.309(c)(i) and (d). A list 

of authorities used and an executive 

summary of issues should accompany 

any briefs submitted to the Department. 

This summary should be limited to five 

pages total, including footnotes. 

Suspension of Liquidation 

With respect to the RHI, Mayerton, 

the separate rate applicants and the 

PRC-wide entity, in accordance with 

section 733(e)(2)(A) of the Act, we will 

direct CBP to suspend liquidation of all 

unliquidated entries of bricks from the 

PRC that were entered, or withdrawn 

from warehouse, for consumption on or 

after December 14, 2010, which is 90 

days prior to March 12, 2010, the date 

of publication in the Federal Register of 

our Preliminary Determination in this 

investigation. 

This determination is published 

pursuant to section 733(f) of the Act and 

19 CFR 351.206(c)(2)(ii). 

Dated: May 13, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–12144 Filed 5–19–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW51 

Marine Mammals; File No. 15537 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Institute for Marine Mammal Studies 

(IMMS), P.O. Box 207, Gulfport, MS 

39502 (Dr. Moby Solangi, Responsible 

Party), has applied in due form for a 

permit to obtain stranded, releasable 

California sea lions (Zalophus 

californianus) from the National Marine 

Mammal Stranding Response Program 

for the purposes of public display. 

DATES: Written or telefaxed comments 

must be received on or before June 21, 

2010. 

ADDRESSES: The application and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301) 713–2289; fax (301) 713–0376; and 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
28240 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 

Southeast Region, NMFS, 263 13th 

Avenue South, Saint Petersburg, FL 

33701; phone (727) 824–5312; fax (727) 

824–5309. 

Written comments on this application 

should be submitted to the Chief, 

Permits, Conservation and Education 

Division, at the address listed above. 

Comments may also be submitted by 

facsimile to (301) 713–0376, or by email 

to NMFS.Pr1Comments@noaa.gov. 

Please include the File No. in the 

subject line of the email comment. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Amy Sloan, (301) 

713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended (16 

U.S.C. 1361 et seq.), and the regulations 

governing the taking and importing of 

marine mammals (50 CFR part 216). 

The applicant is requesting a permit 

to take releasable stranded California 

sea lions (two males and six females) 

from west coast stranding facilities for 

public display purposes. IMMS is the 

only marine mammal public display 

facility in the states of Mississippi and 

Alabama. The receiving facility, IMMS 

is: (1) open to the public on regularly 

scheduled basis with access that is not 

limited or restricted other than by 

charging for an admission fee; (2) offers 

an educational program that is 

consistent with professional recognized 

standards of informal education in 

aquaria and zoos across America, 

including the Association of Zoos and 

Aquariums; and (3) holds an Exhibitor’s 

License, number 65–C–0540, issued by 

the U.S. Department of Agriculture 

under the Animal Welfare Act (7 U.S.C. 

§§ 2131-59). IMMS will also consider 

non-releasable sea lions and each 

animal will be evaluated on a case by 

case basis. The permit is requested for 

five years. 

In addition to determining whether 

the applicant meets the three public 

display criteria, NMFS must determine 

whether the applicant has demonstrated 

that the proposed activity is humane 

and does not represent any unnecessary 

risks to the health and welfare of marine 

mammals; that the proposed activity by 

itself, or in combination with other 

activities, will not likely have a 

significant adverse impact on the 

species or stock; and that the applicant’s 

expertise, facilities and resources are 

adequate to accomplish successfully the 

objectives and activities stated in the 

application. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of this 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: May 14, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–12123 Filed 5–19–10; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, May 26, 

2010, 9 a.m.–11 a.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 

MATTERS TO BE CONSIDERED: 

1. Pending Decisional Matters: (a) 

Baby Walkers Final Rule; and (b) 

Revocation of the Ban of Certain Baby 

Walkers. 

A live webcast of the Meeting can be 

viewed at http://www.cpsc.gov/webcast. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: May 14, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–12278 Filed 5–18–10; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, May 26, 

2010; 2 p.m.–4 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the public. 

MATTERS TO BE CONSIDERED: 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814 (301) 

504–7923. 

Dated: May 14, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–12279 Filed 5–18–10; 4:15 pm] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DOD–2010–OS–0065] 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of the Secretary, DoD. 

ACTION: Notice to alter a system of 

records. 

SUMMARY: The Office of the Secretary of 

Defense proposes to alter a system of 

records in its inventory of record 

systems subject to the Privacy Act of 

1974 (5 U.S.C. 552a), as amended. 

DATES: This proposed action would be 

effective without further notice on June 

21, 2010, unless comments are received 

which result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

* Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cindy Allard at (703) 588–6830. 

SUPPLEMENTARY INFORMATION: The Office 

of the Secretary of Defense notices for 

systems of records subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

have been published in the Federal 

Register and are available from the 

Chief, OSD/JS Privacy Office, Freedom 

of Information Directorate, Washington 

Headquarters Services, 1155 Defense 

Pentagon, Washington DC 20301–1155. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1