Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices 54563 

Exporter & Producer Weighted–Average Margin 

Shenyang Jinli Metals & Minerals Imp & Exp Co., Ltd. ............................................................................................ 90.50% 

Produced by: Shenyang Jinli Metals & Minerals Imp. & Exp. Co., Ltd..

Shanghai Jinneng International Trade Co., Ltd. ....................................................................................................... 90.50% 

Produced by: Shanxi Jinneng Group Datong Energy Development Co., Ltd..

Dalian Thrive Metallurgy Import and Export Co., Ltd. ............................................................................................... 90.50% 

Produced by: Linghai Hongfeng Carbon Products Co., Ltd.; Tianzhen.

Jintian Graphite Electrodes Co., Ltd.; Jiaozuo Zhongzhou Carbon Products Co., Ltd.; Heilongjiang 

Xinyuan Carbon Products Co., Ltd.;.

Xuzhou Jianglong Carbon Manufacture Co., Ltd.; or Xinghe Xinyuan Carbon Products Co., Ltd..

GES (China) Co., Ltd. ............................................................................................................................................... 90.50% 

Produced by: Shanghai GC Co., Ltd.; Fushun Jinli Petrochemical Carbon Co., Ltd.; Xinghe County 

Muzi Carbon Plant and Linyi County Lubei Carbon Co., Ltd. Shandong Province.

Qingdao Haosheng Metals & Minerals Imp & Exp Co., Ltd. .................................................................................... 90.50% 

Produced by: Sinosteel Jilin Carbon Co., Ltd..

The weight–average dumping margins 

for Fushun Jinly and the PRC–wide 

entity have not changed from the 

margins determined in the original 

preliminary determination. Those 

margins are as follows: 

Exporter & Producer Weighted–Average Margin 

Fushun Jinly Petrochemical Carbon Co., Ltd. ........................................................................................................... 132.80% 

Produced by: Fushun Jinly Petrochemical Carbon Co., Ltd..

PRC–Wide Rate ........................................................................................................................................................ 159.34% 

Retroactive Application of Amended 

Preliminary Determination Margins 

For the Fangda Group and the 

separate rate applicants, we will instruct 

U.S. Customs and Border Protection 

(CBP) to require a cash deposit or the 

posting of a bond equal to the applicable 

weighted–average margins indicated 

above, for all entries of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after 90 days prior to the publication 

date of the Preliminary Determination, 

August 21, 2008. For Fushun Jinly and 

the PRC–wide entity, we will instruct 

CBP to require a cash deposit or the 

posting of a bond equal to the applicable 

weighted–average margins indicated 

above, for all entries of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date of the 

Preliminary Determination. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, we have notified the 

International Trade Commission (‘‘ITC’’) 

of our amended preliminary 

determination. If our final 

determination is affirmative, the ITC 

will make its final determination as to 

whether the domestic industry in the 

United States is materially injured, or 

threatened with material injury, by 

reason of imports of graphite electrodes, 

or sales (or the likelihood of sales) for 

importation, of the merchandise under 

investigation, within 45 days of our 

final determination. 

This determination is issued and 

published in accordance with sections 

733(f), 735(a)(2), and 777(i) of the Act 

and sections 351.210(g) and 351.224(e) 

of the Department’s regulations. 

Dated: September 15, 2008. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E8–22109 Filed 9–19–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XK63 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce 

ACTION: Notice of a public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

scheduling a public meeting of its 

Scientific and Statistical Committee 

(SSC) on October 6–7, 2008, to consider 

actions affecting New England fisheries 

in the exclusive economic zone (EEZ). 

Recommendations from this group will 

be brought to the full Council for formal 

consideration and action, if appropriate. 

DATES: This meeting will be held on 

Monday, October 6, 2008, at 10 a.m. and 

Tuesday, October 7, 2008, at 8 a.m. 

ADDRESSES: The meeting will be held at 

the Hilton Hotel, 20 Coogan Boulevard, 

Mystic, CT 06355; telephone: (860) 572– 

0731; fax: (860) 572–0328. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The SSC 

will: (1) elect new committee officers; 

(2) address committee priorities and 

workload issues and (3) review the 

scientific basis for Amendment 3 to the 

Skate Fishery Management Plan. The 

committee also will review the new 

overfishing definition under 

consideration in Framework Adjustment 

15 to the Scallop Fishery Management 

Plan and the Ocean Associates Inc. 

report entitled Mobile Fishing Gear 

Effects and Citation Validity in NEFMC 

Documents Affecting the Atlantic Sea 

Scallop Fishery. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

listed in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 


sroberts on PROD1PC70 with NOTICES
54564 Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices 

1On August 14, 2009, the 0.06 percent (600 ppm) 

lead limit is reduced to 0.009 percent (90 ppm). 

CPSIA § 101(a)(2)(B). 

2Section 14(a)(2) of the CPSA as added by 

§ 102(a)(2) of CPSIA requires that certification be 

based on testing of sufficient samples of the 

product, or samples that are identical in all material 

respects to the product. 

3Of course, irrespective of certification, the 

children’s product in question must comply with 

applicable CPSC requirements. See, e.g., CPSA 

§ 14(h) as added by CPSIA § 102(b). 

4CPSA § 14(a)(3)(G) as added by § 102(a)(2) of 

CPSIA exempts publication of this notice from the 

rulemaking requirements of the Administrative 

Procedure Act, 5 U.S.C. 553, and from the 

Regulatory Flexibility Act, 5 U.S.C. 601–612. 

5A description of the history and content of the 

ILAC–MRA approach and of the requirements of the 

ISO 17025:2005 laboratory accreditation standard is 

provided in the CPSC staff briefing memorandum 

Accreditation Requirements for Third Party 

Conformity Assessment Bodies to Test to the Lead 

Paint Requirements of 16 CFR Part 1303, September 

2, 2008 available on the CPSC Web site at http:// 

cpsc.gov/library/foia/foia08/brief/thirdp.pdf. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Paul 

J. Howard, Executive Director, at (978) 

465–0492, at least 5 days prior to the 

meeting date. 

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

Dated: September 17, 2008. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–22102 Filed 9–19–08; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Third Party Testing for Certain 

Children’s Products; Notice of 

Requirements for Accreditation of 

Third Party Conformity Assessment 

Bodies To Assess Conformity With 

Part 1303 of Title 16, Code of Federal 

Regulations 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of Requirements for 

Accreditation of Third Party Conformity 

Assessment Bodies to Assess 

Conformity with part 1303 of Title 16, 

Code of Federal Regulations. 

Introduction: The Consumer Product 

Safety Act (‘‘CPSA’’), at § 14(a)(3)(B)(i) 

as added by § 102(a)(2) of the Consumer 

Product Safety Improvement Act of 

2008 (‘‘CPSIA’’), Public Law 110–314, 

directs the U.S. Consumer Product 

Safety Commission (‘‘CPSC’’ or 

‘‘Commission’’) to publish this notice of 

requirements for accreditation of third 

party conformity assessment bodies 

(‘‘third party laboratories’’) to test 

children’s products for conformity with 

the lead paint ban in the Commission’s 

regulations at 16 CFR part 1303 (the 

‘‘lead paint ban’’). Children’s products 

are those designed or intended for use 

primarily by children 12 years old and 

younger. Part 1303 bans paint and other 

surface coatings that contain more than 

0.06 percent lead as well as toys, other 

consumer products intended for use by 

children, and furniture bearing leadcontaining paint.1 Each manufacturer 

(including the importer) or private 

labeler of children’s products subject to 

the lead paint ban must have products 

manufactured more than 90 days after 

this notice tested by a laboratory 

accredited to do so and must issue a 

certificate of compliance with the lead 

paint ban based on that testing.2 3

The Commission is also recognizing 

limited circumstances in which testing 

performed by a laboratory on or after 

May 16, 2008, 90 days prior to the date 

of enactment of CPSIA (August 14, 

2008), but prior to Commission 

acceptance of the laboratory’s 

preexisting accreditation, provided that 

accreditation is accepted not later than 

November 26, 2008, may form the basis 

for the certificate of compliance with 

the lead paint ban required of the 

manufacturer or private labeler. 

This notice provides the criteria and 

process for Commission acceptance of 

accreditation of ‘‘third party’’ 

laboratories for testing to the lead paint 

ban (laboratories that are not owned, 

managed, or controlled by a 

manufacturer or private labeler of a 

children’s product to be tested by the 

laboratory for certification purposes), 

‘‘firewalled’’ laboratories (those that are 

owned, managed, or controlled by a 

manufacturer or private labeler of a 

children’s product to be tested by the 

laboratory for certification purposes and 

that seek accreditation under the 

additional statutory criteria for 

‘‘firewalled’’ laboratories), and 

laboratories owned or controlled in 

whole or in part by a government. 

The requirements of this notice are 

effective upon its publication in the 

Federal Register and are exempted by 

CPSIA from the notice and comment 

rulemaking requirements of the 

Administrative Procedure Act, 5 U.S.C. 

553.4

Baseline accreditation of each 

category of laboratory to the 

International Organization for 

Standardization (‘‘ISO’’) Standard ISO/ 

IEC 17025:2005—General Requirements 

for the Competence of Testing and 

Calibration Laboratories—is required. 

The accreditation must be by an 

accreditation body that is a signatory to 

the International Laboratory 

Accreditation Cooperation—Mutual 

Recognition Arrangement (‘‘ILAC– 

MRA’’) and the scope of the 

accreditation must include testing for 

compliance with the lead paint ban.5 A 

laboratory owned or controlled by a 

manufacturer or private labeler of 

products to be tested by the laboratory 

is subject to additional requirements 

intended to assure that the Commission 

is immediately and confidentially 

notified of any attempt by the 

manufacturer, private labeler or other 

interested party to hide or exert undue 

influence over the laboratory’s test 

results. A governmental laboratory may 

be accredited subject to additional 

requirements concerning independence 

of its relationship with the host 

government and freedom of 

manufacturers in the host country to 

elect to use accredited non-government 

laboratories for certification testing 

without suffering disadvantage. 

The Commission has established an 

electronic accreditation registration and 

listing system that can be accessed via 

its Web site. 

Although the accreditation 

requirements for testing to the lead 

paint ban in this notice are effective 

upon their publication in the Federal 

Register, the Commission solicits 

comments on the accreditation 

procedures as they apply to that testing 

and on the accreditation approach in 

general, since the Commission must 

publish additional testing accreditation 

procedures over the coming months. 

DATES: Effective Date: The requirements 

for accreditation of laboratories for 

testing to the lead paint ban are effective 

upon publication of this notice in the 

Federal Register, that is September 22, 

2008. 

Request For Comments: Please 

provide comments in response to this 

notice by October 22, 2008. Comments 

on this notice should be captioned 

‘‘Laboratory Accreditation Process for 

Lead Paint Ban Testing.’’ Comments 

should be submitted to the Office of the 

Secretary by e-mail at cpsc-os@cpsc.gov, 

or mailed or delivered, preferably in five 

copies, to the Office of the Secretary, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814. Comments may also be 

filed by facsimile to (301) 504–0127. 

FOR FURTHER INFORMATION CONTACT: 

Robert ‘‘Jay’’ Howell, Acting Assistant 

Executive Director for Hazard 

Identification and Reduction, U.S. 

Consumer Product Safety Commission, 


sroberts on PROD1PC70 with NOTICES