28236 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 

Background 

On March 26, 2009, the Department 

published a notice of initiation of the 

administrative reviews of the 

antidumping duty orders on certain 

frozen shrimp from the Socialist 

Republic of Vietnam and the PRC. See 

Notice of Initiation of Administrative 

Reviews and Requests for Revocation in 

Part of the Antidumping Duty Orders on 

Certain Frozen Warmwater Shrimp 

From the Socialist Republic of Vietnam 

and the People’s Republic of China, 74 

FR 13178 (March 26, 2009). On March 

12, 2010, the Department published the 

preliminary results of review. See 

Fourth Administrative Review of Certain 

Frozen Warmwater Shrimp From the 

People’s Republic of China: Preliminary 

Results, Preliminary Partial Rescission 

of Antidumping Duty Administrative 

Review and Intent Not To Revoke, In 

Part, 75 FR 11855 (March 12, 2010). 

Statutory Time Limits 

In antidumping duty administrative 

reviews, section 751(a)(3)(A) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), requires the Department to make 

a final determination in an 

administrative review of an 

antidumping duty order within 120 

days after the date on which the 

preliminary results are published. 

However, if it is not practicable to 

complete the review within these time 

periods, section 751(a)(3)(A) of the Act 

allows the Department to extend the 120 

day period to 180 days after the 

preliminary results if it determines it is 

not practicable to complete the review 

within the foregoing time period. 

Extension of Time Limit for Preliminary 

Results of Review 

We determine that it is not practicable 

to complete the final results of the 

administrative review of certain frozen 

warmwater shrimp from the PRC within 

the 120 day time limit because the 

Department requires additional time to 

analyze case and rebuttal briefs. 

Therefore, in accordance with section 

751(a)(3)(A) of the Act, the Department 

is extending the time period for 

completion of the final results of this 

review, which is currently due on July 

10, 2010, by 30 days to 150 days after 

the date on which the preliminary 

results were published. Therefore, the 

final results are now due no later than 

August 9, 2010. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(3)(A) and 777(i) of the Act. 

Dated: May 14, 2010. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–12141 Filed 5–19–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XK54 

Marine Mammals; File No. 13602 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application 

for permit amendment. 

SUMMARY: Notice is hereby given that Dr. 

Terrie Williams, Long Marine Lab, 

Institute of Marine Sciences, University 

of California at Santa Cruz, 100 Shaffer 

Road, Santa Cruz, CA 95060, has 

applied for an amendment to Scientific 

Research Permit No. 13602. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

June 21, 2010. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the Features box on the 

Applications and Permits for Protected 

Species home page, https:// 

apps.nmfs.noaa.gov, and then selecting 

File No. 13602 from the list of available 

applications. 

These documents are also available 

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 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

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. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits, Conservation and 

Education Division at the address listed 

above. The request should set forth the 

specific reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Amy Sloan or Jennifer Skidmore, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject amendment to Permit No. 13602 

is requested under the authority of the 

Marine Mammal Protection Act of 1972, 

as amended (16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216), the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.), and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR 222–226). 

Permit No. 13602, issued on 

September 4, 2009 (74 FR 46569), 

authorizes the permit holder to conduct 

research on captive and rehabilitating 

non-listed marine mammals to compare 

the energetic responses and diving 

physiology of odontocetes and 

pinnipeds to determine key 

physiological factors required for 

survival and to assist in management 

decisions for wild populations. The 

permit expires on September 7, 2014. 

The permit holder is requesting 

authorization to include physiological 

research on up to 18 captive Hawaiian 

monk seals (Monachus schauinslandi) 

in facilities in the United States, and 

opportunistic energetic assessments on 

stranded ESA-listed marine mammals 

under NMFS jurisdiction undergoing 

rehabilitation in California, using 

methods currently approved in Permit 

No.13602. In addition to the energetic 

assessments, the following research 

would be conducted on captive 

Hawaiian monk seals: deuterium oxide 

and Evan’s blue administration, blood 

sampling, blubber ultrasound; and 

administration of thyroid stimulating 

hormone and fecal sampling. The 

applicant requests the transfer and use 

of tissues (brain and skeletal muscle) 

from Hawaiian monk seal carcasses and 

other dead ESA-listed marine mammal 

species for assessment of oxygen stores 

and aerobic dive limits. The amendment 

is requested for the duration of the 

permit. 

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. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 28237 

1Resco Products, Inc. 

2See, e.g., Certain Oil Country Tubular Goods 

From the People’s Republic of China: Notice of 

Preliminary Determination of Sales at Less Than 

Fair Value, Affirmative Preliminary Determination 

of Critical Circumstances and Postponement of 

Final Determination, 74 FR 59117, 59119 

(November. 17, 2009) (‘‘OCTG Prelim’’) unchanged 

in Certain Oil Country Tubular Goods From the 

People’s Republic of China: Final Determination of 

Sales at Less Than Fair Value, Affirmative Final 

Determination of Critical Circumstances and Final 

Determination of Targeted Dumping, 75 FR 20335 

(April19, 2010). 

Dated: May 14, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–12124 Filed 5–19–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–954] 

Certain Magnesia Carbon Bricks From 

the People’s Republic of China: Notice 

of Preliminary Affirmative 

Determination of Critical 

Circumstances 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: May 20, 2010. 

FOR FURTHER INFORMATION CONTACT: Paul 

Walker at (202) 482–0413, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

Background 

On March 12, 2010, the Department of 

Commerce (‘‘Department’’) published in 

the Federal Register its preliminary 

determination in the antidumping duty 

investigation of certain magnesia carbon 

bricks (‘‘bricks’’) from the People’s 

Republic of China (‘‘PRC’’). See Certain 

Magnesia Carbon Bricks From the 

People’s Republic of China: Preliminary 

Determination of Sales at Less Than 

Fair Value, 75 FR 11847 (March 12, 

2010) (‘‘Preliminary Determination’’). On 

April 21, 2010, the Department 

published in the Federal Register its 

amended preliminary determination in 

the antidumping duty investigation of 

bricks from the PRC. See Certain 

Magnesia Carbon Bricks From the 

People’s Republic of China: Amended 

Preliminary Determination of Sales at 

Less Than Fair Value, 75 FR 20813 

(April 21, 2010). 

On April 15, 2010, Petitioner 1 filed a 

timely critical circumstances allegation, 

pursuant to 19 CFR 351.206, alleging 

that critical circumstances exist with 

respect to imports of the merchandise 

under consideration. On April 23, 2010, 

RHI Refractories Liaoning Co., Ltd 

(‘‘RHI’’), a mandatory respondent in this 

investigation, submitted comments on 

Petitioner’s critical circumstances 

allegation. On April 27, 2010, RHI 

submitted information on its exports 

from January 2009 through February 

2010, as requested by the Department. 

In accordance with 19 CFR 

351.206(c)(1), when a critical 

circumstances allegation is filed 30 days 

or more before the scheduled date of the 

final determination (as was done in this 

case), the Department will issue a 

preliminary finding whether there is a 

reasonable basis to believe or suspect 

that critical circumstances exist. 

Because the critical circumstances 

allegation in this case was submitted 

after the Preliminary Determination, the 

Department will normally issue its 

preliminary findings of critical 

circumstances not later than 30 days 

after the allegation was filed. See 19 

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

Legal Framework 

Section 733(e)(1) of the Tariff Act of 

1930, as amended (‘‘Act’’), provides that 

the Department, upon receipt of a timely 

allegation of critical circumstances, will 

determine whether there is a reasonable 

basis to believe or suspect that: (A)(i) 

There is a history of dumping and 

material injury by reason of dumped 

imports in the United States or 

elsewhere of the subject merchandise, or 

(ii) the person by whom, or for whose 

account, the merchandise was imported 

knew or should have known that the 

exporter was selling the subject 

merchandise at less than its fair value 

and that there was likely to be material 

injury by reason of such sales; and, (B) 

there have been massive imports of the 

subject merchandise over a relatively 

short period. 

Further, 19 CFR 351.206(h)(1) 

provides that, in determining whether 

imports of the subject merchandise have 

been ‘‘massive,’’ the Department 

normally will examine: (i) The volume 

and value of the imports; (ii) seasonal 

trends; and (iii) the share of domestic 

consumption accounted for by the 

imports. In addition, 19 CFR 

351.206(h)(2) provides that, ‘‘{i}n 

general, unless the imports during the 

‘relatively short period’ * * * have 

increased by at least 15 percent over the 

imports during an immediately 

preceding period of comparable 

duration, the Secretary will not consider 

the imports massive.’’ 19 CFR 351.206(i) 

defines ‘‘relatively short period’’ 

generally as the period starting on the 

date the proceeding begins (i.e., the date 

the petition is filed) and ending at least 

three months later. This section of the 

regulations further provides that, if the 

Department ‘‘finds that importers, or 

exporters or producers, had reason to 

believe, at some time prior to the 

beginning of the proceeding, that a 

proceeding was likely,’’ then the 

Department may consider a period of 

not less than three months from that 

earlier time. See 19 CFR 351.206(i). 

Allegation 

In its allegation, Petitioner contends 

that, based on the dumping margins 

assigned by the Department in the 

Preliminary Determination, importers 

knew or should have known that the 

merchandise under consideration was 

being sold at less than fair value 

(‘‘LTFV’’). Petitioner also contends that, 

based on the preliminary determination 

of injury by the U.S. International Trade 

Commission (‘‘ITC’’), there is a 

reasonable basis to impute importers’ 

knowledge that material injury is likely 

by reason of such imports. In its 

allegation, Petitioner included import 

statistics for the four different 

harmonized tariff subheadings provided 

in the scope of this investigation for the 

period February 2009 through December 

2009. See letter from Petitioner, 

regarding ‘‘Allegation of Critical 

Circumstances,’’ dated April 15, 2010 

(‘‘Petitioner’s Allegation’’), at 3–4. 

Analysis 

In determining whether the above 

statutory criteria have been satisfied in 

this case, we examined: (1) The 

evidence presented in Petitioner’s April 

15, 2010, allegation; (2) evidence 

obtained since the initiation of this 

investigation; and (3) the ITC’s 

preliminary injury determination. 

History of Dumping 

In determining whether a history of 

dumping and material injury exists, the 

Department generally has considered 

current or previous antidumping duty 

orders on subject merchandise from the 

country in question in the United States 

and current orders in any other 

country.2 In its April 15, 2010, 

submission, Petitioner made no 

statement concerning a history of 

dumping bricks from the PRC. However, 

the ITC notes in its preliminary 

determination that there are 

antidumping orders in the European 

Union and Turkey on bricks from the 

PRC, dated October 6, 2005 and 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1