61020 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

we made certain modifications to the 

program to ensure proper product 

comparisons. These adjustments are 

discussed in detail in the Decision 

Memorandum. 

Final Results of Review 

As a result of our review, we 

determine that the following weighted– 

average margin exists for the period of 

March 1, 2006 through February 28, 

2007: 

Manufacturer/Exporter 

Weighted– 

Average 

Margin 

(percent) 

Saha Thai Steel Pipe (Public) 

Company, Ltd. ......................... 4.26 

Assessment Rates 

The Department shall determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries. Pursuant to 

19 CFR 351.212(b)(1) of the 

Department’s regulations, the 

Department calculates an assessment 

rate for each importer of the subject 

merchandise. The Department intends 

to issue appropriate assessment 

instructions directly to CBP 15 days 

after the date of publication of these 

final results of review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003 (68 FR 23954). This 

clarification will apply to entries of 

subject merchandise during the period 

of review produced by the company 

included in these final results of review 

for which the reviewed company did 

not know their merchandise was 

destined for the United States. In such 

instances, we will instruct CBP to 

liquidate unreviewed entries at the all– 

others rate from the investigation if 

there is no rate for the intermediate 

company involved in the transaction. 

For a full discussion of this clarification, 

see Antidumping and Countervailing 

Duty Proceedings: Assessment of 

Antidumping Duties, 68 FR 23954 (May 

6, 2003). 

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of the 

final results of this administrative 

review for all shipments of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date of these final 

results, as provided by section 

751(a)(2)(C) of the Act: (1) for the 

company covered by this review, the 

cash deposit rate will be the rate listed 

above; (2) for merchandise exported by 

producers or exporters not covered in 

this review but covered in a previous 

segment of this proceeding, the cash 

deposit rate will continue to be the 

company–specific rate published in the 

most recent final results in which that 

producer or exporter participated; (3) if 

the exporter is not a firm covered in this 

review or in any previous segment of 

this proceeding, but the producer is, the 

cash deposit rate will be that established 

for the producer of the merchandise in 

these final results of review or in the 

most recent final results in which that 

producer participated; and, (4) if neither 

the exporter nor the producer is a firm 

covered in this review or in any 

previous segment of this proceeding, the 

cash deposit rate will be 15.67 percent, 

the all–others rate established in the less 

than fair value investigation. See 

Circular Welded Carbon Steel Pipes and 

Tubes from Thailand: Final 

Determination of Sales at Less Than 

Fair Value, 51 FR 3384 (January 27, 

1986). 

Notification to Importers 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 

of the Department’s regulations to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred, and in the subsequent 

assessment of double antidumping 

duties. 

Notification Regarding Administrative 

Protective Orders 

This notice is the only reminder to 

parties subject to the administrative 

protective order (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under the APO in accordance 

with 19 CFR 351.305(a)(3) of the 

Department’s regulations. Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

We are issuing and publishing these 

final results and this notice in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act. 

Dated: October 6, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

Appendix I – Issues in Decision 

Memorandum 

Comment 1: Whether Saha Thai Has 

Met Both Prongs of the Department’s 

Duty Drawback Test 

Comment 2: Whether Saha Thai Should 

Receive an Upward Adjustment for Duty 

Drawback/Exemption 

Comment 3: Whether the Department 

Should Add a ‘‘Third’’ Prong to Its 

Eligibility Test 

Comment 4: Whether the Department 

Should Use Saha Thai’s Actual Yield 

Factors in Evaluating the Duty 

Exemption 

Comment 5: Whether to Include 

Exempted and Unpaid Duties on 

Imported Raw Materials in Saha Thai’s 

Reported Cost of Manufacture (COM) 

Comment 6: Whether the Department 

Needs to Make Corresponding 

Adjustments to the G&A and Interest 

Ratio Calculations if Unpaid Import 

Duties Are Included in Saha Thai’s 

COM 

Comment 7: Whether to Deduct Ocean 

Freight from C&F Value to Calculate 

U.S. Duty 

Comment 8: Level of Trade Adjustment 

Comment 9: Whether Zeroing Is In 

Accordance with the Antidumping 

Statute or the International Obligations 

of the United States 

Comment 10: Whether the Department 

Should Correct Alleged Errors in the 

Preliminary G&A and Financial Expense 

Ratio Calculations 

Comment 11: Alleged Programming 

Errors 

[FR Doc. E8–24481 Filed 10–14–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XL06 

Fisheries in the Western Pacific; 

Marine Conservation Plan for Pacific 

Insular Areas; Northern Mariana 

Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of agency decision. 

SUMMARY: NMFS announces the 

approval of a three-year marine 

conservation plan (MCP) for the 

Northern Mariana Islands. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61021 

DATES: This agency decision is effective 

October 6, 2008. 

ADDRESSES: Copies of the MCP are 

available from the Western Pacific 

Fishery Management Council (Council), 

1164 Bishop St., Suite 1400, Honolulu, 

HI 96813, tel 808–522–8220, fax 808– 

522–8226. 

FOR FURTHER INFORMATION CONTACT: 

Alvin Katekaru, NMFS Pacific Islands 

Regional Office, at (808)944–2207. 

SUPPLEMENTARY INFORMATION: Under 

Section 204(e)(1)(A)of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), the Secretary of State, with the 

concurrence of the Secretary of 

Commerce (Secretary) and in 

consultation with the Council, may 

negotiate and enter into a Pacific Insular 

Area fishery agreement (PIAFA) to allow 

foreign fishing within waters of the U.S. 

Exclusive Economic Zone (EEZ) 

adjacent to American Samoa, Guam, or 

the Northern Mariana Islands, and at the 

request and with the concurrence of, 

and in consultation with, the Governor 

of the Pacific Insular Area to which the 

PIAFA applies. Section 204(e)(4) of the 

Magnuson-Stevens Act requires that 

prior to entering into a PIAFA, the 

appropriate Governor and the Western 

Pacific Fishery Management Council 

(Council) shall develop a three-year 

MCP containing detailing the uses for 

funds to be collected by the Secretary 

under the PIAFA. Any payments 

received under a PIAFA shall be 

deposited into the United States 

Treasury and then covered over to the 

Treasury of the Pacific Insular Area for 

which funds were collected. In the case 

of violations by foreign fishing vessels 

occurring within the EEZ off any Pacific 

Insular Area, any amount received by 

the Secretary which is attributable to 

fines and penalties imposed under the 

Magnuson-Stevens Act, including such 

sums collected from the forfeiture and 

disposition or sale of property seized 

subject to its authority, after payment of 

direct costs of the enforcement action to 

all entities involved in such action, 

shall be deposited into the Treasury of 

the Pacific Insular Area adjacent to the 

EEZ in which the violation occurred, to 

be used for fisheries enforcement and 

for implementation of a MCP. 

The MCP to be approved by the 

Secretary must be consistent with the 

Council’s fishery management plans, 

identify conservation and management 

objectives (including criteria for 

determining when such objectives have 

been met), and prioritize planned 

marine conservation projects. 

At its 138th meeting held in June 

2007, the Council approved the MCP for 

the Northern Mariana Islands and 

recommended its submission to the 

Secretary for approval. NMFS, designee 

of the Secretary, received the MCP on 

March 10, 2008. Following a review of 

the MCP, NMFS informed the Council 

and Government of the Commonwealth 

of the Mariana Islands (CNMI) that the 

MCP was incomplete. On September 23, 

2008, the Department of Lands and 

Natural Resources, CNMI, submitted an 

amended MCP to NMFS. 

The MCP contains 12 objectives, 

listed below, which are consistent with 

the Council’s five existing fishery 

management plans: 

1. Data collection and reporting; 

2. Resource assessment and 

monitoring; 

3. Incidental catch, bycatch, and 

protected species interaction; 

4. Habitat assessment and monitoring; 

5. Management procedures; 

6. Surveillance and enforcement; 

7. Domestic fisheries development; 

8. Marine conservation education; 

9. Public participation; 

10. Regional cooperation; 

11. Performance evaluation; and 

12. Western Pacific demonstration 

projects. 

The MCP identifies 19 programs or 

projects associated with the MCP 

objectives for potential funding under a 

PIAFA. The top ten projects in order of 

priority are: 

1. EEZ enforcement program; 

2. Subsistence and recreational 

harvest monitoring system; 

3. Commercial harvest monitoring 

system; 

4. Charter fishing economic impact 

study; 

5. Analysis of data on pelagic fishery 

resources; 

6. CNMI commercial fisheries 

baseline assessment; 

7. Regional fisheries meeting and 

conferences funding assistance; 

8. Recreational and subsistence 

fishing economic impact and use study; 

9. Fisheries technology program; and 

10. Local auction marketplace 

feasibility study. 

This notice announces that NMFS has 

determined that the MCP for the 

Northern Mariana Islands satisfies the 

requirements of the Magnuson-Stevens 

Act and has approved the MCP for a 

three-year period: October 6, 2008, 

through October 6, 2011. 

Dated: October 9, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–24485 Filed 10–14–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XK55 

Fisheries of the Northeastern United 

States; Atlantic Surfclam and Ocean 

Quahog Fisheries; Notice that Vendor 

Will Provide Year 2009 Cage Tags 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of vendor to provide year 

2009 cage tags. 

SUMMARY: NMFS informs surfclam and 

ocean quahog allocation owners that 

they will be required to purchase their 

year 2009 cage tags from the National 

Band and Tag Company. The intent of 

this notice is to comply with regulations 

for the Atlantic surfclam and ocean 

quahog fisheries and to promote 

efficient distribution of cage tags. 

ADDRESSES: Written inquiries may be 

sent to Edward Stern, National Marine 

Fisheries Service, Northeast Regional 

Office, One Blackburn Drive, 

Gloucester, MA 01930–2298. 

FOR FURTHER INFORMATION CONTACT: 

Edward Stern, Fishery Management 

Specialist, (978) 281–9177; fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: The 

Federal Atlantic surfclam and ocean 

quahog fishery regulations at 50 CFR 

648.75(b) authorize the Regional 

Administrator of the Northeast Region, 

NMFS, to specify in the Federal 

Register a vendor from whom cage tags, 

required under the Atlantic Surfclam 

and Ocean Quahog Fishery Management 

Plan (FMP), shall be purchased. Notice 

is hereby given that National Band and 

Tag Company of Newport, Kentucky, is 

the authorized vendor of cage tags 

required for the year 2009 Federal 

surfclam and ocean quahog fisheries. 

Detailed instructions for purchasing 

these cage tags will be provided in a 

letter to allocation owners in these 

fisheries from NMFS within the next 

several weeks. 

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

October 7, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–24509 Filed 10–14–08; 8:45 am] 

BILLING CODE 3510–22–S 


jlentini on PROD1PC65 with NOTICES