64994 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

4See Notice of Amended Final Determination of 

Sales at Less Than Fair Value: Certain Lined Paper 

Products from the People’s Republic of China; 

Notice of Antidumping Duty Orders: Certain Lined 

Paper Products from India, Indonesia and the 

People’s Republic of China; and Notice of 

Countervailing Duty Orders: Certain Lined Paper 

Products from India and Indonesia, 71 FR 56949 

(September 28, 2006) (Lined Paper Orders). 

See section 751(a)(3)(A) of the Act, and 

19 CFR 351.213(h). 

Assessment Rate 

Upon completion of the final results 

of this administrative review, the 

Department shall determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries. Pursuant to 19 CFR 

351.212(b)(1), the Department will 

calculate importer-specific assessment 

rates for each respondent based on the 

ratio of the total amount of antidumping 

duties calculated for the examined sales 

to the total entered value of those sales. 

Where the respondent did not report the 

entered value for U.S. sales, we have 

calculated importer-specific assessment 

rates for the merchandise in question by 

aggregating the dumping margins 

calculated for all U.S. sales to each 

importer and dividing this amount by 

the total quantity of those sales. To 

determine whether the duty assessment 

rates were de minimis, in accordance 

with the requirement set forth in 19 CFR 

351.106(c)(2), we calculated importerspecific ad valorem rates based on the 

estimated entered value. Where the 

assessment rate is above de minimis, we 

will instruct CBP to assess duties on all 

entries of subject merchandise by that 

importer. Pursuant to 19 CFR 

351.106(c)(2), we will instruct CBP to 

liquidate without regard to antidumping 

duties any entries for which the 

assessment rate is de minimis (i.e., less 

than 0.50 percent). The Department 

intends to issue assessment instructions 

directly to CBP 15 days after publication 

of the final results of this review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by the respondents subject to 

this review for which the reviewed 

companies did not know that the 

merchandise which it sold to an 

intermediary (e.g. a reseller, trading 

company, or exporter) was destined for 

the United States. In such instances, we 

will instruct CBP to liquidate 

unreviewed entries at the all-others rate 

if there is no rate for the intermediary 

involved in the transaction. For a full 

discussion of this clarification, see id. 

Cash Deposit Requirements 

To calculate the cash deposit rate for 

Navneet, we divided its total dumping 

margin by the total net value of its sales 

during the review period. For the 

responsive companies which were not 

selected for individual review, we have 

calculated a cash deposit rate based on 

the simple average of the cash deposit 

rates calculated for the companies 

selected for individual review. In this 

instance, there is only one non-AFA rate 

which we applied. 

The following deposit rates will be 

effective upon publication of the final 

results of this administrative review for 

all shipments of CLPP from India 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Act: (1) The cash 

deposit rate for companies subject to 

this review will be the rate established 

in the final results of this review, except 

if the rate is less than 0.5 percent and, 

therefore, de minimis, no cash deposit 

will be required; (2) for previously 

reviewed or investigated companies not 

listed above, the cash deposit rate will 

continue to be the company-specific rate 

published for the most recent final 

results for a review in which that 

manufacturer or exporter participated; 

(3) if the exporter is not a firm covered 

in this review, a prior review, or the 

original less-than-fair-value (LTFV) 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent final 

results for the manufacturer of the 

merchandise; and (4) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash 

deposit rate will be 3.91 percent, the allothers rate established in the LTFV 

investigation. See Lined Paper Orders.4

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) 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. 

These preliminary results of 

administrative review are issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(4). 

Dated: October 7, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–26191 Filed 10–20–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ75 

Atlantic Highly Migratory Species; 

Advisory Panel 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; solicitation of 

nominations. 

SUMMARY: NMFS solicits nominations 

for the Atlantic Highly Migratory 

Species (HMS) Advisory Panel (AP). 

NMFS consults with and considers the 

comments and views of the HMS AP 

when preparing and implementing 

Fishery Management Plans (FMPs) or 

FMP amendments for Atlantic tunas, 

swordfish, sharks, and billfish. 

Nominations are being sought to fill 

one-third (11) of the seats on the HMS 

AP for a 3-year appointment. 

Individuals with definable interests in 

the recreational and commercial fishing 

and related industries, environmental 

community, academia, and nongovernmental organizations will be 

considered for membership in the HMS 

AP. 

DATES: Nominations must be received 

on or before November 22, 2010. 

ADDRESSES: You may submit 

nominations and requests for the 

Advisory Panel Statement of 

Organization, Practices, and Procedures 

by any of the following methods: 

• E-mail: 

HMSAP.Nominations@noaa.gov. 

Include in the subject line the following 

identifier: ‘‘HMS AP Nominations.’’ 

• Mail: Brian Parker, Highly 

Migratory Species Management 

Division, NMFS, 1315 East-West 

Highway, Silver Spring, MD 20910. 

• Fax: 301–713–1917. 

FOR FURTHER INFORMATION CONTACT: 

Craig Cockrell at (301) 713–2347 x128. 

SUPPLEMENTARY INFORMATION: 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 64995 

Introduction 

The Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 1801 

et seq., as amended by the Sustainable 

Fisheries Act, Public Law 104–297, 

provided for the establishment of 

Advisory Panels to assist in the 

collection and evaluation of information 

relevant to the development of any 

Fishery Management Plan (FMP) or 

FMP amendment. The HMS AP has 

consulted with NMFS on the HMS FMP 

(April 1999), Amendment 1 to the 

Billfish FMP (April 1999), Amendment 

1 to the HMS FMP (November 2003), the 

Consolidated HMS FMP (July 2006), and 

Amendments 1, 2, and 3 to the 

Consolidated HMS FMP (April 2008, 

September 2008, and February 2009, 

respectively). 

Procedures and Guidelines 

A. Nomination Procedures for 

Appointments to the Advisory Panel 

Nomination packages should include: 

1. The name of the applicant or 

nominee and a description of his/her 

interest in HMS or in particular species 

of sharks, swordfish, tunas, or billfish; 

2. A statement of background and/or 

qualifications; 

3. A written commitment that the 

applicant or nominee shall actively 

participate in good faith in the meetings 

and tasks of the HMS AP; and 

4. A list of outreach resources that the 

applicant has at his/her disposal to 

communicate HMS issues to various 

interest groups. 

Tenure for the HMS AP 

Member tenure will be for 3 years (36 

months), with approximately one-third 

of the members’ terms expiring on 

December 31 of each year. Nominations 

are sought for terms beginning January 

2011 and expiring December 2013. 

B. Participants 

Nominations for the HMS AP will be 

accepted to allow representation from 

commercial and recreational fishing 

interests, the scientific community, and 

the conservation community who are 

knowledgeable about Atlantic HMS 

and/or Atlantic HMS fisheries. Current 

representation on the HMS AP, as 

shown in Table 1, consists of 12 

members representing commercial 

interests, 12 members representing 

recreational interests, 4 members 

representing environmental interests, 4 

academic representatives, and 1 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

Advisory Committee Chairperson. Each 

HMS AP member serves a three-year 

term with approximately one-third (11) 

of the total number of seats (33) expiring 

on December 31 of each year. NMFS 

seeks to fill 5 commercial, 4 

recreational, and 2 environmental 

vacancies by December 31, 2010. NMFS 

will seek to fill vacancies based 

primarily on maintaining the current 

representation from each of the sectors, 

and secondarily by species expertise 

and/or representation from the regions 

(Northeast, Mid-Atlantic, South 

Atlantic, Gulf of Mexico, and 

Caribbean). Table 1 includes the current 

representation on the HMS AP by sector 

and species and terms that are expiring 

are identified in bold. It does not 

necessarily indicate that NMFS will 

only consider persons who have 

expertise in the species that are listed. 

TABLE 1—CURRENT EXPIRING REPRESENTATION ON THE HMS AP BY SECTOR AND SPECIES. TERMS THAT ARE EXPIRING

ARE IN BOLD

Sector Species Date appointed Date term expires 

Academic ............................................................ HMS ................................................................... 1/1/2009 12/31/2011 

Academic ............................................................ Tuna ................................................................... 1/1/2010 12/31/2012 

Academic ............................................................ Shark .................................................................. 1/1/2010 12/31/2012 

Academic ............................................................ HMS ................................................................... 1/1/2010 12/31/2012 

Commercial ........................................................ Swordfish/Tuna ................................................ 1/1/2008 12/31/2010 

Commercial ........................................................ HMS ................................................................... 1/1/2008 12/31/2010 

Commercial ........................................................ Tuna ................................................................... 1/1/2008 12/31/2010 

Commercial ........................................................ Swordfish .......................................................... 1/1/2008 12/31/2010 

Commercial ........................................................ HMS ................................................................... 1/1/2008 12/31/2010 

Commercial ......................................................... HMS ................................................................... 1/1/2009 12/31/2011 

Commercial ......................................................... HMS ................................................................... 1/1/2009 12/31/2011 

Commercial ......................................................... HMS ................................................................... 1/1/2009 12/31/2011 

Commercial ......................................................... Tuna ................................................................... 1/1/2009 12/31/2011 

Commercial ......................................................... HMS ................................................................... 1/1/2009 12/31/2011 

Commercial ......................................................... Shark .................................................................. 1/1/2010 12/31/2012 

Commercial ......................................................... Swordfish/Tuna .................................................. 1/1/2010 12/31/2012 

Environmental ................................................... HMS ................................................................... 1/1/2008 12/31/2010 

Environmental ................................................... HMS ................................................................... 1/1/2008 12/31/2010 

Environmental ..................................................... HMS ................................................................... 1/1/2009 12/31/2011 

Environmental ..................................................... Shark .................................................................. 1/1/2009 12/31/2011 

Recreational ....................................................... HMS ................................................................... 1/1/2008 12/31/2010 

Recreational ....................................................... HMS ................................................................... 1/1/2008 12/31/2010 

Recreational ....................................................... HMS ................................................................... 1/1/2008 12/31/2010 

Recreational ....................................................... Billfish ............................................................... 1/1/2008 12/31/2010 

Recreational ........................................................ HMS ................................................................... 1/1/2009 12/31/2011 

Recreational ........................................................ HMS ................................................................... 1/1/2009 12/31/2011 

Recreational ........................................................ Tuna ................................................................... 1/1/2009 12/31/2011 

Recreational ........................................................ Swordfish ............................................................ 1/1/2010 12/31/2012 

Recreational ........................................................ HMS ................................................................... 1/1/2010 12/31/2012 

Recreational ........................................................ HMS ................................................................... 1/1/2010 12/31/2012 

Recreational ........................................................ Billfish ................................................................. 1/1/2010 12/31/2012 

Recreational ........................................................ HMS ................................................................... 1/1/2010 12/31/2012 

ICCAT Chair ........................................................ HMS ...................................................................


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64996 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

Each sector must be adequately 

represented, and the intent is to have a 

group that, as a whole, reflects an 

appropriate and equitable balance and 

mix of interests given the 

responsibilities of the HMS AP. Criteria 

for membership include one or more of 

the following: (1) Experience in the 

HMS recreational fishing industry; (2) 

experience in the HMS commercial 

fishing industry; (3) experience in 

fishery-related industries (e.g., marinas, 

bait and tackle shops); (4) experience in 

the scientific community working with 

HMS; and/or (5) representation of a 

private, non-governmental, regional, 

national, or international organization 

representing marine fisheries; or 

environmental, governmental, or 

academic interests dealing with HMS. 

Five additional members on the HMS 

AP include one member representing 

each of the following Councils: New 

England Fishery Management Council, 

the Mid-Atlantic Fishery Management 

Council, the South Atlantic Fishery 

Management Council, the Gulf of 

Mexico Fishery Management Council, 

and the Caribbean Fishery Management 

Council. The HMS AP also includes 22 

ex-officio participants: 20 

representatives of the coastal states and 

two representatives of the interstate 

commissions (the Atlantic States Marine 

Fisheries Commission and the Gulf 

States Marine Fisheries Commission). 

NMFS will provide the necessary 

administrative support, including 

technical assistance, for the HMS AP. 

However, NMFS will not compensate 

participants with monetary support of 

any kind. Depending on availability of 

funds, members may be reimbursed for 

travel costs related to the HMS AP 

meetings. 

C. Meeting Schedule 

Meetings of the HMS AP will be held 

as frequently as necessary but are 

routinely held twice each year in the 

spring and fall. The meetings may be 

held in conjunction with public 

hearings. 

Dated: October 15, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–26478 Filed 10–20–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ60 

Takes of Marine Mammals Incidental to 

Specified Activities; Marine 

Geophysical Survey in the Eastern 

Tropical Pacific Ocean, October 

Through November 2010 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

take authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) regulations, notification is 

hereby given that NMFS has issued an 

Incidental Harassment Authorization 

(IHA) to Scripps Institution of 

Oceanography (SIO), a part of the 

University of California, to take small 

numbers of marine mammals, by 

harassment, incidental to conducting a 

marine geophysical survey in the 

eastern tropical Pacific Ocean (ETP), 

October through November, 2010. 

DATES: Effective October 19, 2010, 

through November 30, 2010. 

ADDRESSES: A copy of the IHA and 

application are available 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 

or by telephoning the contacts listed 

here. A copy of the application 

containing a list of the references used 

in this document may be obtained by 

writing to the above address, 

telephoning the contact listed here (see 

FOR FURTHER INFORMATION CONTACT) or 

visiting the Internet at: http:// 

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

incidental.htm#applications. The 

following associated documents are also 

available at the same Internet address: 

SIO’s application, the Environmental 

Assessment (EA) prepared by NMFS, 

and the finding of no significant impact 

(FONSI). The NMFS Biological Opinion 

will be available online at: http:// 

www.nmfs.noaa.gov/pr/consultation/ 

opinions.htm. Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws or Candace Nachman, Office of 

Protected Resources, NMFS, (301) 713– 

2289. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(D) of the MMPA (16 

U.S.C. 1371(a)(5)(D)) directs the 

Secretary of Commerce to authorize, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals of a species or 

population stock, 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, if the 

taking is limited to harassment, a notice 

of a proposed authorization is provided 

to the public for review. 

Authorization for incidental taking of 

small numbers of marine mammals shall 

be granted if NMFS finds that the taking 

will have a negligible impact on the 

species or stock(s), and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses. The authorization 

must set forth the permissible methods 

of taking, other means of effecting the 

least practicable adverse impact on the 

species or stock and its habitat, and 

monitoring and reporting of such 

takings. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as ‘‘* * * an 

impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. 

Section 101(a)(5)(D) of the MMPA 

establishes a 45-day time limit for 

NMFS’ review of an application 

followed by a 30-day public notice and 

comment period on any proposed 

authorizations for the incidental 

harassment of small numbers of marine 

mammals. Within 45 days of the close 

of the public comment period, NMFS 

must either issue or deny the 

authorization. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: 

Any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 


jlentini on DSKJ8SOYB1PROD with NOTICES