61132 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices 

the total quantity of subject 

merchandise sold to that importer 

during the POR to calculate a per-unit 

assessment amount. We will direct CBP 

to assess importer-specific assessment 

rates based on the resulting per-unit 

(i.e., per kilogram) amount on each 

entry of the subject merchandise during 

the POR if any importer-specific 

assessment rate calculated in the final 

results of this review is above de 

minimis. 

Cash Deposit Requirements 

Consistent with the final results of the 

14th AR, we will collect a per kilogram 

cash-deposit amount. The following 

cash deposit requirements will be 

effective upon publication of the final 

results of this review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of the final results, as provided by 

section 751(a)(1) of the Act: (1) For 

subject merchandise produced by 

Jinxiang County Juxingyuan Trading 

Co., Ltd. (Juxingyuan) and exported by 

Qingdao Sea-line, the cash deposit rate 

will be the per-unit rate determined in 

the final results of this new shipper 

review; (2) for subject merchandise 

exported by Qingdao Sea-line but not 

produced by Juxingyuan, the cash 

deposit rate continues to be the per-unit 

PRC-wide rate. These requirements, 

when imposed, shall remain in effect 

until further notice. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) 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 the subsequent 

assessment of double antidumping 

duties. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. Timely written notification 

of the return/destruction of APO 

materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

This new shipper review and notice 

are issued and published in accordance 

with sections 751(a)(2)(B) and 777(i) of 

the Act and 19 CFR and 351.214. 

Dated: September 24, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix I 

Issue 1: The Bona Fides of Qingdao Sea-line’s 

Sale 

Issue 2: Surrogate Valuation of Garlic Bulbs 

Issue 3: Use of India Wholesale Price Index 

as Inflator for Surrogate Values 

Issue 4: Financial Ratios 

Issue 5: Wage Rates 

Issue 6: Cold Storage 

[FR Doc. 2010–24833 Filed 10–1–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–909] 

Certain Steel Nails from the People’s 

Republic of China: Initiation of 

Antidumping Duty New Shipper 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: October 4, 2010. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) has determined that a 

request for a new shipper review 

(‘‘NSR’’) of the antidumping duty order 

on certain steel nails (‘‘steel nails’’) from 

the People’s Republic of China (‘‘PRC’’), 

received on August 27, 2010, meets the 

statutory and regulatory requirements 

for initiation. The period of review 

(‘‘POR’’) for this NSR is August 1, 2009, 

through July 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Emeka Chukwudebe, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: 202–482–0219. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice announcing the 

antidumping duty order on certain steel 

nails from the PRC was published in the 

Federal Register on August 1, 2008. See 

Notice of Antidumping Duty Order: 

Certain Steel Nails From the People’s 

Republic of China, 73 FR 44961 (August 

1, 2008) (‘‘Antidumping Duty Order’’). 

On August 27, 2010, pursuant to section 

751(a)(2)(B)(i) of the Tariff Act of 1930, 

as amended (‘‘Act’’), and 19 CFR 

351.214(c), the Department received a 

NSR request from Shanghai Colour Nail 

Co., Ltd. (‘‘Shanghai Colour’’). Shanghai 

Colour’s request was properly made 

during August 2010, which is the 

annual anniversary of the Antidumping 

Duty Order. Shanghai Colour certified 

that it is the exporter and Wuxi Colour 

Nail Co., Ltd. (‘‘Wuxi Colour’’) is the 

manufacturer of the subject 

merchandise upon which the request 

was based. Shanghai Colour also 

submitted a public version, which 

adequately summarized proprietary 

information and provided explanations 

as to why certain proprietary 

information is not capable of 

summarization. 

Pursuant to section 751(a)(2)(B)(i)(I) of 

the Act and 19 CFR 351.214(b)(2)(ii), 

Shanghai Colour certified that it did not 

export steel nails to the United States 

during the period of investigation 

(‘‘POI’’); and Shanghai Colour provided 

a certification from Wuxi Colour that it 

did not export subject merchandise to 

the United States during the POI. In 

addition, pursuant to section 

751(a)(2)(B)(i)(II) of the Act and 19 CFR 

351.214(b)(2)(iii)(A), Shanghai Colour 

certified that, since the initiation of the 

investigation, it has never been affiliated 

with any Chinese exporter or producer 

who exported steel nails to the United 

States during the POI, including those 

not individually examined during the 

investigation. As required by 19 CFR 

351.214(b)(2)(iii)(B), Shanghai Colour 

also certified that its export activities 

were not controlled by the central 

government of the PRC. 

In addition to the certifications 

described above, pursuant to 19 CFR 

351.214(b)(2)(iv), Shanghai Colour 

submitted documentation establishing 

the following: (1) the date on which 

Shanghai Colour first shipped steel nails 

for export to the United States and the 

date on which the steel nails were first 

entered, or withdrawn from warehouse, 

for consumption; (2) the volume of its 

first shipment; and (3) the date of its 

first sale to an unaffiliated customer in 

the United States. 

The Department conducted U.S. 

Customs and Border Protection (‘‘CBP’’) 

database queries in an attempt to 

confirm that Shanghai Colour’s 

shipments of subject merchandise had 

entered the United States for 

consumption and that liquidation of 

such entries had been properly 

suspended for antidumping duties. The 

Department also examined whether the 

CBP data confirmed that such entries 

were made during the NSR POR. The 

information we examined was 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices 61133 

consistent with that provided by 

Shanghai Colour. 

Period of Review 

In accordance with 19 CFR 

351.214(g)(1)(i)(A), the POR for a new 

shipper review initiated in the month 

immediately following the anniversary 

month will be the twelve-month period 

immediately preceding the anniversary 

month. Therefore, under this order, the 

POR is August 1, 2009, through July 31, 

2010. The sales and entries into the 

United States of subject merchandise 

exported by Shanghai Colour and 

produced by Wuxi Colour occurred 

during this twelve-month POR. 

Therefore, the POR for this new shipper 

is August 1, 2009, through July 31, 2010. 

Initiation of New Shipper Reviews 

Pursuant to section 751(a)(2)(B) of the 

Act and 19 CFR 351.214, the 

Department finds that Shanghai Colour 

meets the threshold requirements for 

initiation of a NSR for the shipment of 

steel nails from the PRC produced by 

Wuxi Colour and exported by Shanghai 

Colour. See ‘‘Memorandum to the File 

From Emeka Chukwudebe, Case 

Analyst, New Shipper Initiation 

Checklist: Certain Steel Nails from the 

People’s Republic of China (A–570– 

909),’’ dated concurrently with this 

notice. 

The Department intends to issue the 

preliminary results of this NSR no later 

than 180 days from the date of 

initiation, and the final results no later 

than 90 days from the issuance of the 

preliminary determination. See section 

751(a)(2)(B)(iv) of the Act. 

It is the Department’s usual practice, 

in cases involving non–market 

economies, to require that a company 

seeking to establish eligibility for an 

antidumping duty rate separate from the 

country–wide rate provide evidence of 

de jure and de facto absence of 

government control over the company’s 

export activities. Accordingly, we will 

issue a questionnaire to Shanghai 

Colour which will include a section 

requesting information with regard to 

Shanghai Colour’s export activities for 

separate rates purposes. The review will 

proceed if the response provides 

sufficient indication that Shanghai 

Colour is not subject to either de jure or 

de facto government control with 

respect to its export of subject 

merchandise. 

We will instruct CBP to allow, at the 

option of the importer, the posting, until 

the completion of the review, of a bond 

or security in lieu of a cash deposit for 

each entry of the subject merchandise 

from Shanghai Colour in accordance 

with section 751(a)(2)(B)(iii) of the Act 

and 19 CFR 351.214(e). Because 

Shanghai Colour certified that its 

subject merchandise was produced by 

Wuxi Colour, we will apply the bonding 

privilege to Shanghai Colour only for 

subject merchandise produced by Wuxi 

Colour. 

Interested parties requiring access to 

proprietary information in this NSR 

should submit applications for 

disclosure under administrative 

protective order in accordance with 19 

CFR 351.305 and 19 CFR 351.306. This 

initiation and notice are in accordance 

with section 751(a)(2)(B) of the Act and 

19 CFR 351.214 and 19 CFR 

351.221(c)(1)(i). 

Dated: September 28, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–24835 Filed 10–1–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ31 

Endangered Species; File No. 14176 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Issuance of permit. 

SUMMARY: Notice is hereby given that 

Michael Mangold (Permit Holder and 

Principal Investigator), United States 

Fish and Wildlife Service’s Maryland 

Fishery Resource Office, 177 Admiral 

Cochrane Drive, Annapolis, MD 21401 

has been issued a permit to take 

shortnose sturgeon for purposes of 

scientific research. 

ADDRESSES: The permit 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; 

Northeast Region, NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930; 

phone (978)281–9328; fax (978)281– 

9394. 

FOR FURTHER INFORMATION CONTACT: 

Colette Cairns or Malcolm Mohead, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On March 

19, 2010, notice was published in the 

Federal Register (75 FR 13256) that a 

request for a scientific research permit 

to take shortnose sturgeon had been 

submitted by the above-named Michael 

Mangold, U.S. Fish and Wildlife 

Service. The requested permit has been 

issued under the authority of the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.) 

and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226). 

The applicant is authorized to 

conduct a five-year scientific study 

determining biological and life history 

information on shortnose sturgeon in 

the Potomac River. The permit 

authorizes non-lethal sampling with 

anchored gill nets, capturing up to 30 

fish annually. Each fish will be 

captured, weighed, measured, PIT and 

Floy tagged, and sampled for genetic 

tissue analysis. A sub-set of 10 fish will 

be acoustically tagged, 5 internally and 

5 externally, released, and tracked, 

determining seasonal movement and 

habitat selection. Additionally, the 

applicant is authorized to use D-nets 

lethally collecting up to 20 shortnose 

sturgeon in early life stages annually to 

estimate spawning success and 

periodicity. 

Issuance of this permit, as required by 

the ESA, was based on a finding that 

such permit: (1) was applied for in good 

faith; (2) will not operate to the 

disadvantage of such endangered or 

threatened species; and (3) is consistent 

with the purposes and policies set forth 

in section 2 of the ESA. 

Dated: September 27, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–24822 Filed 10–1–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ15 

Marine Mammals and Endangered 

Species; File Nos. 808–1735, 14233, 

14506, 14603, and 14726 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permits and 

permit amendment. 

SUMMARY: Notice is hereby given that 

NMFS has issued four permits and a 

permit amendment to conduct research 


jlentini on DSKJ8SOYB1PROD with NOTICES