31422 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices 

3. Requiring that a 5W inch (14.0 cm) 

flounder net be used by the vessel to 

collect the horseshoe crabs. This 

condition would allow for continuation 

of traditional harvest gear and adds to 

the consistency in the way horseshoe 

crabs are harvested for data collection; 

4. Limiting trawl tow times to 30 

minutes as a conservation measure to 

protect sea turtles, which are expected 

to be migrating through the area during 

the collection period, and are vulnerable 

to bottom trawling; 

5. Restricting the hours of fishing to 

daylight hours only, approximately from 

7:30 a.m. to 5 p.m. to aid law 

enforcement; 

6. Requiring that the collected 

horseshoe crabs be picked up from the 

fishing vessels at docks in the Cape May 

Area and transported to local 

laboratories, bled for LAL, and released 

alive the following morning into the 

Lower Delaware Bay; and 

7. Requiring that any turtle take be 

reported to NMFS, Northeast Region 

Assistant Regional Administrator of 

Protected Resources Division within 24 

hours of returning from the trip in 

which the incidental take occurred. 

As part of the terms and conditions of 

the EFP, for all horseshoe crabs bled for 

LAL, NMFS would require that the EFP 

holder provide data on sex ratio and 

daily harvest. Also, the EFP holder 

would be required to examine at least 

200 horseshoe crabs for morphometric 

data. Terms and conditions may be 

added or amended prior to the issuance 

of the EFP. 

The proposed EFP would exempt 

three commercial vessels from 

regulations at 50 CFR 697.7(e) and 

697.23(f) which prohibit the harvest and 

possession of horseshoe crabs from the 

Reserve on a vessel with a trawl or 

dredge gear aboard. 

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

Dated: May 26, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–13313 Filed 6–2–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–912 

Certain New Pneumatic Off–The-Road 

Tires from the People’s Republic of 

China: Notice of Decision of the Court 

of International Trade Not in Harmony 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 14, 2010, the United 

States Court of International Trade 

(‘‘CIT’’) sustained the final remand 

redetermination made by the 

Department of Commerce 

(‘‘Department’’) pursuant to the CIT’s 

remand of the final determination in the 

antidumping investigation on certain 

new pneumatic off–the-road tires (‘‘OTR 

tires’’) from the People’s Republic of 

China (‘‘PRC’’). See Bridgestone 

Americas Inc. v. United States, Consol. 

Ct. No. 08–00256, Slip Op. 10–55 (Ct. 

Int’l Trade May 14, 2010) 

(‘‘Bridgestone’’). This case arises out of 

the Department’s Final Determination in 

the antidumping investigation on OTR 

tires from the PRC. See Certain New 

Pneumatic Off–The-Road–Tires from the 

People’s Republic of China: Final 

Affirmative Determination of Sales at 

Less Than Fair Value and Partial 

Affirmative Determination of Critical 

Circumstances, 73 FR 40485 (July 15, 

2008) (‘‘Final Determination’’); Certain 

New Pneumatic Off–the-Road Tires from 

the People’s Republic of China: Notice 

of Amended Final Affirmative 

Determination of Sales at Less than Fair 

Value and Antidumping Duty Order, 73 

FR 51624 (September 4, 2008). The final 

judgment in this case was not in 

harmony with the Department’s July 

2008 final determination. 

EFFECTIVE DATE: May 24, 2010 

FOR FURTHER INFORMATION CONTACT: Lilit 

Astvatsatrian or Charles Riggle, AD/CVD 

Operations, Office 8, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington DC 20230; 

telephone (202) 482–6412 or (202) 482– 

0650, respectively. 

SUPPLEMENTARY INFORMATION: In July 

2008, the Department published in the 

Federal Register the Final 

Determination in the antidumping 

investigation on OTR tires from the PRC 

in which it calculated a zero dumping 

rate for respondent Xugong Tyres Co., 

Ltd. (‘‘Xugong’’). 

In August 2008, petitioners, 

Bridgestone Americas, Inc. and 

Bridgestone Americas Tire Operations, 

LLC (collectively, ‘‘Bridgestone’’) and 

Titan Tire Corporation (‘‘Titan’’), 

respectively, filed summons with the 

CIT challenging the Final Determination 

with respect to Xugong’s zero dumping 

margin. Among their claims, 

Bridgestone and Titan alleged that the 

Department erred in its Final 

Determination by treating as indirect 

materials certain inputs used by Xugong 

in the production of subject 

merchandise. 

In April 2009, the Department 

requested a voluntary remand to further 

explain its determination regarding the 

classification of the fifteen raw materials 

reported by Xugong as indirect 

materials. On August 4, 2009, the CIT 

remanded this matter to the Department 

to reconsider whether each of the fifteen 

inputs was a direct or indirect material, 

to reopen the record as appropriate, and 

to recalculate the margin accordingly. 

See Bridgestone Americas Inc. v. United 

States, Consol. Ct. No. 08–00256, Slip 

Op. 09–79 (Ct. Int’l Trade Aug. 4, 2009). 

After receiving comments on the draft 

remand results, the Department on 

January 7, 2010, issued its final remand 

redetermination in which it treated 

Xugong’s fifteen raw material inputs as 

direct materials and, thus, recalculated 

Xugong’s margin by adding Xugong’s 

fifteen raw materials as direct material 

inputs in the calculation of the normal 

value. As a result of this recalculation, 

Xugong’s dumping rate changed from 

0.00 percent to 10.01 percent. See 

Bridgestone Americas Inc. v. United 

States, Consol. Ct. No. 08–00256, dated 

January 8, 2010. 

On May 14, 2010, the CIT sustained 

the final redetermination made by the 

Department pursuant to the CIT’s 

remand of the final determination in the 

antidumping investigation of the OTR 

tires from the PRC. See Bridgestone, Slip 

Op. 10–55 at 14. 

Timken Notice 

In its decision in Timken Co. v. 

United States, 893 F. 2d 337, 341 (Fed. 

Cir. 1990) (‘‘Timken’’), the United States 

Court of Appeals for the Federal Circuit 

held that, pursuant to section 516A(e) of 

the Tariff Act of 1930, as amended (‘‘the 

Act’’), the Department must publish a 

notice of a court decision that is not ‘‘in 

harmony’’ with a Department 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. 

The Court’s decision in Bridgestone 

on May 14, 2010, constitutes a final 

decision of that court that is not in 

harmony with the Department’s Final 

Determination. This notice is published 

in fulfillment of the publication 

requirements of Timken with an 

effective date of May 24, 2010 (i.e., 10 

days following the CIT’s ruling). 

Accordingly, the Department will direct 

the U.S. Customs and Border Protection 

(‘‘CBP’’) effective May 24, 2010, to 

suspend liquidation of entries of subject 

merchandise manufactured and 

exported by Xugong pending the 

expiration of the period to appeal or 

pending a final decision on appeal. The 

Department will issue revised 

instructions to CBP if the Court’s 


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Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices 31423 

decision is not appealed or if it is 

affirmed on appeal. 

This notice is issued and published in 

accordance with section 516A(c)(1) of 

the Act. 

Dated: May 26, 2010. 

Paul Piquado, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–13375 Filed 6–2–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[Application No. 84–21A12] 

Export Trade Certificate of Review 

ACTION: Notice of Application 

(#84–21A12) To Amend an Export 

Trade Certificate of Review Previously 

Issued to Northwest Fruit Exporters 

(‘‘NFE’’). 

SUMMARY: The Office of Competition 

and Economic Analysis (‘‘OCEA’’) of the 

International Trade Administration, 

Department of Commerce, has received 

an application to amend an Export 

Trade Certificate of Review 

(‘‘Certificate’’). This notice summarizes 

the proposed amendment and requests 

comments relevant to whether the 

amended Certificate should be issued. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Flynn, Director, Office of 

Competition and Economic Analysis, 

International Trade Administration, 

(202) 482–5131 (this is not a toll-free 

number) or by e-mail at 

oetca@ita.doc.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. 4001–21) authorizes the 

Secretary of Commerce to issue 

Certificates. A Certificate protects the 

holder and the members identified in 

the Certificate from State and Federal 

government antitrust actions and from 

private treble damage antitrust actions 

for the export conduct specified in the 

Certificate and carried out in 

compliance with its terms and 

conditions. Section 302(b)(1) of the 

Export Trading Company Act of 1982 

and 15 CFR 325.6(a) require the 

Secretary to publish a notice in the 

Federal Register identifying the 

applicant and summarizing its proposed 

export conduct. 

Request for Public Comments 

Interested parties may submit written 

comments relevant to the determination 

whether an amended Certificate should 

be issued. If the comments include any 

privileged or confidential business 

information, it must be clearly marked 

and a nonconfidential version of the 

comments (identified as such) should be 

included. Any comments not marked as 

privileged or confidential business 

information will be deemed to be 

nonconfidential. An original and five (5) 

copies, plus two (2) copies of the 

nonconfidential version, should be 

submitted no later than 20 days after the 

date of this notice to: Office of 

Competition and Economic Analysis, 

International Trade Administration, 

U.S. Department of Commerce, Room 

7021–X, Washington, DC 20230. 

Information submitted by any person is 

exempt from disclosure under the 

Freedom of Information Act (5 U.S.C. 

552). However, nonconfidential versions 

of the comments will be made available 

to the applicant if necessary for 

determining whether or not to issue the 

Certificate. Comments should refer to 

this application as ‘‘Export Trade 

Certificate of Review, application 

number 84–21A12.’’ The original NFE 

Certificate (No. 84–00012) was issued 

on June 11, 1984 (49 FR 24581, June 14, 

1984), and last amended on September 

16, 2009 (74 FR 48520, September 23, 

2009). A summary of the current 

application for an amendment follows. 

Summary of the Application 

Applicant: Northwest Fruit Exporters 

(‘‘NFE’’), 105 South 18th Street, Suite 

227, Yakima, Washington 98901. 

Contact: James R. Archer, Manager to 

NFE, Telephone: (509) 576–8004. 

Application No.: 84–21A12. 

Date Deemed Submitted: May 20, 

2009. 

Proposed Amendment: NFE seeks to 

amend its Certificate to: 

1. Add the following companies as a 

new ‘‘Member’’ of the Certificate within 

the meaning of section 325.2(l) of the 

Regulations (15 CFR 325.2(l)): Hood 

River Cherry Company, Hood River, OR; 

Ice Lakes LLC, E. Wenatchee, WA; and 

JackAss Mt. Ranch, Pasco, WA. 

2. Delete the following companies as 

Members of NFE’s Certificate: Poirier 

Warehouse, Pateros, WA; and Witte 

Orchards, E. Wenatchee, WA. 

Dated: May 26, 2010. 

Joseph Flynn, 

Director, Office of Competition and Economic 

Analysis. 

[FR Doc. 2010–13123 Filed 6–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW70 

Incidental Taking of Marine Mammals; 

Taking of Marine Mammals Incidental 

to the Explosive Removal of Offshore 

Structures in the Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of a letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that NMFS 

has issued a one-year Letters of 

Authorization (LOA) to take marine 

mammals incidental to the explosive 

removal of offshore oil and gas 

structures (EROS) in the Gulf of Mexico. 

DATES: These authorizations are 

effective from June 1, 2010 through May 

31, 2011. 

ADDRESSES: The application and LOA 

are available for review by writing to P. 

Michael Payne, Chief, Permits, 

Conservation, and Education Division, 

Office of Protected Resources, National 

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

20910–3235 or by telephoning the 

contact listed here (see FOR FURTHER

INFORMATION CONTACT), or online at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein or Jolie Harrison, 

Office of Protected Resources, NMFS, 

301–713–2289. 

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(A) of the MMPA (16 U.S.C. 

1361 et seq.) directs the Secretary of 

Commerce (who has delegated the 

authority to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by United States 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region, 

if certain findings are made and 

regulations are issued. Under the 

MMPA, the term ‘‘take’’ means to harass, 

hunt, capture, or kill or to attempt to 

harass, hunt, capture, or kill any marine 

mammal. 

Authorization for incidental taking, in 

the form of annual LOAs, may be 


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