Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 22515 

inclusion in a direction perpendicular 

to the axis of the rod) is equal to or 

greater than three. The size of an 

inclusion for purposes of the 20 microns 

and 35 microns limitations is the 

measurement of the largest dimension 

observed on a longitudinal section 

measured in a direction perpendicular 

to the axis of the rod. This measurement 

methodology applies only to inclusions 

on certain grade 1080 tire cord quality 

wire rod and certain grade 1080 tire 

bead quality wire rod that are entered, 

or withdrawn from warehouse, for 

consumption on or after July 24, 2003. 

The designation of the products as 

‘‘tire cord quality’’ or ‘‘tire bead quality’’ 

indicates the acceptability of the 

product for use in the production of tire 

cord, tire bead, or wire for use in other 

rubber reinforcement applications such 

as hose wire. These quality designations 

are presumed to indicate that these 

products are being used in tire cord, tire 

bead, and other rubber reinforcement 

applications, and such merchandise 

intended for the tire cord, tire bead, or 

other rubber reinforcement applications 

is not included in the scope. However, 

should the petitioners or other 

interested parties provide a reasonable 

basis to believe or suspect that there 

exists a pattern of importation of such 

products for other than those 

applications, end–use certification for 

the importation of such products may be 

required. Under such circumstances, 

only the importers of record would 

normally be required to certify the end 

use of the imported merchandise. 

All products meeting the physical 

description of subject merchandise that 

are not specifically excluded are 

included in this scope. 

The products subject to this order are 

currently classifiable under subheadings 

7213.91.3011, 7213.91.3015, 

7213.91.3092, 7213.91.4500, 

7213.91.6000, 7213.99.0030, 

7213.99.0090, 7227.20.0000, 

7227.90.6010, and 7227.90.6080 of the 

HTSUS. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of this 

proceeding is dispositive. 

Final Results of Changed 

Circumstances Review 

Based on the information provided by 

Ternium, the Department’s analysis in 

the Preliminary Results, and the fact 

that interested parties did not submit 

any comments during the comment 

period, the Department hereby 

determines that Ternium is the 

successor–in-interest to Hylsa for 

antidumping duty cash deposit 

purposes. 

Instructions to U.S. Customs and 

Border Protection 

The Department will instruct U.S. 

Customs and Border Protection (CBP) to 

continue to suspend liquidation of all 

shipments of the subject merchandise 

produced and exported by Ternium 

entered, or withdrawn from warehouse, 

for consumption, on or after the 

publication date of this notice in the 

Federal Register at 17.94 percent (i.e., 

Hylsa’s cash deposit rate). This deposit 

requirement shall remain in effect until 

further notice. 

Notification 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APOs) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.306. 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 sanctionable 

violation. 

This notice is in accordance with 

sections 751(b) and 777(i)(1) and (2) of 

the Tariff Act of 1930, as amended, and 

19 CFR 351.216(e). 

Dated: May 6, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–11175 Filed 5–12–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–935 

Certain Circular Welded Carbon 

Quality Steel Line Pipe from the 

People’s Republic of China: 

Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: May 13, 2009. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (the Department) and the 

International Trade Commission (ITC), 

the Department is issuing an 

antidumping duty order on certain 

circular welded carbon quality steel line 

pipe from the People’s Republic of 

China (PRC). 

FOR FURTHER INFORMATION CONTACT: Jeff 

Pedersen or Rebecca Pandolph, AD/CVD 

Operations, Office 4, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC, 20230; 

telephone: (202) 482–2769 and 482– 

3627, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 735(d) 

and 777(i)(1) of the Tariff Act of 1930, 

as amended (the Act), on March 31, 

2009, the Department published in the 

Federal Register its final determination 

in the instant investigation. See Certain 

Circular Welded Carbon Quality Steel 

Line Pipe from the People’s Republic of 

China: Final Determination of Sales at 

Less Than Fair Value, 74 FR 14514 

(March 31, 2009). 

On May 6, 2009, the ITC notified the 

Department of its affirmative final 

determination of material injury to a 

U.S. industry. See Certain Circular 

Welded Carbon Quality Steel Line Pipe 

from China, Investigation No. 731–TA– 

1149 (Final), USITC Publication 4075 

(May 2009). 

Scope of the Order 

The merchandise covered by this 

order is circular welded carbon quality 

steel pipe of a kind used for oil and gas 

pipelines (welded line pipe), not more 

than 406.4 mm (16 inches) in outside 

diameter, regardless of wall thickness, 

length, surface finish, end finish or 

stenciling. 

The term ‘‘carbon quality steel’’ 

includes both carbon steel and carbon 

steel mixed with small amounts of 

alloying elements that may exceed the 

individual weight limits for nonalloy 

steels imposed in the Harmonized Tariff 

Schedule of the United States (HTSUS). 

Specifically, the term ‘‘carbon quality’’ 

includes products in which (1) iron 

predominates by weight over each of the 

other contained elements, (2) the carbon 

content is 2 percent or less by weight 

and (3) none of the elements listed 

below exceeds the quantity by weight 

respectively indicated: 

(i) 2.00 percent of manganese, 

(ii) 2.25 percent of silicon, 

(iii) 1.00 percent of copper, 

(iv) 0.50 percent of aluminum, 

(v) 1.25 percent of chromium, 

(vi) 0.30 percent of cobalt, 

(vii) 0.40 percent of lead, 

(viii) 1.25 percent of nickel, 

(ix) 0.30 percent of tungsten, 

(x) 0.012 percent of boron, 

(xi) 0.50 percent of molybdenum, 

(xii) 0.15 percent of niobium, 

(xiii) 0.41 percent of titanium, 

(xiv) 0.15 percent of vanadium, or 

(xv) 0.15 percent of zirconium. 

Welded line pipe is normally 

produced to specifications published by 

22516 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 

1Namely, entries of welded line pipe from the 

PRC entered, or withdrawn from warehouse, for 

consumption after May 4, 2009, and before the date of publication of the ITC’s final injury 

determination in the Federal Register. 

the American Petroleum Institute (API) 

(or comparable foreign specifications) 

including API A–25, 5LA, 5LB, and X 

grades from 42 and above, and/or any 

other proprietary grades or non–graded 

material. Nevertheless, all pipe meeting 

the physical description set forth above 

that is of a kind used in oil and gas 

pipelines, including all multiple– 

stenciled pipe with an API welded line 

pipe stencil is covered by the scope of 

this order. 

Excluded from this scope are pipes of 

a kind used for oil and gas pipelines 

that are multiple–stenciled to a standard 

and/or structural specification and have 

one or more of the following 

characteristics: is 32 feet in length or 

less; is less than 2.0 inches (50 mm) in 

outside diameter; has a galvanized and/ 

or painted surface finish; or has a 

threaded and/or coupled end finish. 

(The term ‘‘painted’’ does not include 

coatings to inhibit rust in transit, such 

as varnish, but includes coatings such as 

polyester.) 

The welded line pipe products that 

are the subject of this order are currently 

classifiable in the HTSUS under 

subheadings 7306.19.10.10, 

7306.19.10.50, 7306.19.51.10, and 

7306.19.51.50. While HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of this 

order is dispositive. 

Provisional Measures 

Section 733(d) of the Act states that 

suspension of liquidation ordered 

pursuant to an affirmative preliminary 

determination may not remain in effect 

for more than four months except where 

exporters representing a significant 

proportion of exports of the subject 

merchandise request the Department to 

extend that four-month period to no 

more than six months. At the request of 

an exporter that accounted for a 

significant proportion of exports of 

welded line pipe, we extended the fourmonth period to no more than six 

months. See Certain Circular Welded 

Carbon Quality Steel Line Pipe from the 

People’s Republic of China: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination, 73 FR 66012 (November 

6, 2008) (Preliminary Determination). In 

this investigation, the six-month period 

beginning on the date of the publication 

of the Preliminary Determination (i.e., 

November 6, 2008) ended on May 4, 

2009. 

Section 737 of the Act states that 

definitive duties are to begin on the date 

of publication of the ITC’s final injury 

determination. Therefore, in accordance 

with section 733(d) of the Act, we have 

instructed U.S. Customs and Border 

Protection (CBP) to terminate 

suspension of liquidation and to 

liquidate without regard to antidumping 

duties (i.e., release all bonds and refund 

all cash deposits), unliquidated entries 

of welded line pipe from the PRC 

entered, or withdrawn from warehouse, 

for consumption after May 4, 2009, and 

before the date of publication of the 

ITC’s final injury determination in the 

Federal Register. Suspension of 

liquidation will resume on or after the 

date of publication of the ITC’s final 

injury determination in the Federal 

Register. 

Antidumping Duty Order 

On May 6, 2009, in accordance with 

section 735(d) of the Act, the ITC 

notified the Department of its final 

determination, pursuant to section 

735(b)(1)(A)(i) of the Act, that an 

industry in the United States is 

materially injured by reason of less– 

than-fair–value imports of subject 

merchandise from the PRC. Therefore, 

in accordance with section 736(a)(1) of 

the Act, the Department will direct CBP 

to assess, upon further instruction by 

the Department, antidumping duties 

equal to the amount by which the 

normal value of the merchandise 

exceeds the export price of the 

merchandise for all relevant entries of 

welded line pipe from the PRC. Except 

for the entries noted above,1 these 

antidumping duties will be assessed on 

all unliquidated entries of welded line 

pipe from the PRC entered, or 

withdrawn from the warehouse, for 

consumption on or after November 6, 

2008, the date on which the Department 

published its Preliminary 

Determination. See Preliminary 

Determination. 

Effective on the date of publication of 

the ITC’s final affirmative injury 

determination, CBP will require, at the 

same time as importers would normally 

deposit estimated duties on this 

merchandise, a cash deposit based on 

the estimated weighted–average 

antidumping duty margins listed below. 

The cash deposit rate for the exporter– 

producer combinations listed below will 

be 73.44 percent, which is equal to the 

estimated weighted–average 

antidumping duty margins for the 

exporter–producer combinations, 

reduced by the export subsidy rate 

determined for Huludao Pipe in Circular 

Welded Carbon Quality Steel Line Pipe 

from the People’s Republic of China: 

Notice of Amended Final Affirmative 

Countervailing Duty Determination and 

Notice of Countervailing Duty Order, 74 

FR 4136 (January 23, 2009). The cash 

deposit rate for all exporter–producer 

combinations not listed below will be 

equal to the estimated weighted–average 

antidumping duty margin applicable to 

the combination. The ‘‘PRC–wide’’ rate 

applies to all exporters of subject 

merchandise not specifically listed. The 

weighted–average dumping margins are 

as follows: 

Exporter & Producer Weighted–Average Margin 

Huludao Steel Pipe Industrial Co., Ltd./.

Huludao City Steel Pipe Industrial Co., Ltd. .......................................................................................... 73.87% 

Produced by: Huludao Steel Pipe Industrial Co., Ltd. / Huludao City Steel Pipe Industrial 

Co., Ltd..

Pangang Group Beihai Steel Pipe Corporation .................................................................................... 73.87% 

Produced by: Pangang Group Beihai Steel Pipe Corporation.

Jiangsu Yulong Steel Pipe Co., Ltd. ..................................................................................................... 73.87% 

Produced by: Jiangsu Yulong Steel Pipe Co., Ltd..

Tianjin Xingyuda Import and Export Co., Ltd. ....................................................................................... 73.87% 

Produced by: Tianjin Lifengyuanda Steel Pipe Group Co., Ltd..

PRC–Wide Rate .................................................................................................................................... 101.10% 

Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 22517 

This notice constitutes the 

antidumping duty order with respect to 

welded line pipe from the PRC pursuant 

to section 736(a) of the Act. Interested 

parties may contact the Department’s 

Central Records Unit, Room 1117 of the 

main Commerce building, for copies of 

an updated list of antidumping duty 

orders currently in effect. 

This order is published in accordance 

with section 736(a) of the Act and 19 

CFR 351.211. 

Dated: May 7, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–11174 Filed 5–12–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP15 

Endangered Species; File No. 1596–02 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application 

for modification 

SUMMARY: Notice is hereby given that 

NMFS Southwest Fisheries Science 

Center (SWFSC), 3333 N. Torry Pines 

Ct., La Jolla, CA 92037, has requested a 

modification to scientific research 

Permit No. 1596–01. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

June 12, 2009. 

ADDRESSES: The modification request 

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) 427–2521; andSouthwest Region, 

NMFS, 501 West Ocean Blvd., Suite 

4200, Long Beach, CA 90802–4213; 

phone (562) 980–4001; fax (562) 980– 

4018. 

Written comments or requests for a 

public hearing on this request should be 

submitted to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular modification 

request would be appropriate. 

Comments may also be submitted by 

facsimile at (301) 427–2521, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. 

Comments may also be submitted by 

e-mail. The mailbox address for 

providing e-mail comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 1596–02. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Opay, (301) 713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject modification to Permit No. 

1596–01, issued on August 21, 2008, is 

requested under the authority of the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.) and 

the regulations governing the taking, 

importing, and exporting of endangered 

and threatened species (50 CFR 222– 

226). 

Permit No. 1596–01 authorizes the 

permit holder to capture, measure, 

weigh, blood and tissue sample, 

photograph, flipper and PIT tag, satellite 

tag, and attach a VHF/TDR/sonic tag/ 

video system to leatherback sea turtles 

during research activities conducted off 

the western coast of the continental 

United States. The permit holder 

requests authorization to annually fat 

biopsy and ultrasound up to 38 

leatherback sea turtles as part of a health 

and nutritional assessment of this 

species. The permit holder also requests 

authority to close approach and attach 

VHR/TDR/sonic tag/GPS/video camera 

units by suction cup on up to 20 

leatherback sea turtles annually, and to 

later capture the same animals to 

remove the unit and then sample, tag, 

and attach another VHR/TDR/sonic tag/ 

GPS/video camera unit to the animals 

before release. Additionally, the permit 

holder requests authorization to 

annually attach a VHR/TDR/sonic tag/ 

GPS unit and tissue sample 20 

leatherback sea turtles using a biopsy 

pole. The permit currently authorizes 

researchers to attach the unit or tissue 

sample 20 animals, not both. The 

number of leatherback sea turtles 

captured would not increase under the 

modification, but the mix of activities 

conducted on each animal would. The 

research would continue to occur in 

waters off the coast of the western 

United States through February 1, 2012. 

Dated: May 5, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–11186 Filed 5–12–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP17 

Endangered Species; File No. 14381 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

NMFS Pacific Islands Region, 1601 

Kapiolani Boulevard, Honolulu, HI 

96814, has applied in due form for a 

permit to take green (Chelonia mydas), 

leatherback (Dermochelys coriacea), 

loggerhead (Caretta caretta), olive ridley 

(Lepidochelys olivacea), and hawksbill 

(Eretmochelys imbricata) sea turtles for 

purposes of scientific research. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

June 12, 2009. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the Features box on the 

Applications and Permits for Protected 

Species (APPS) home page, https:// 

apps.nmfs.noaa.gov/index.cfm, and 

then selecting File No. 14381 from the 

list of available applications. These 

documents are also 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) 427–2521; and 

Pacific Islands Region, NMFS, 1601 

Kapiolani Blvd., Rm 1110, Honolulu, HI 

96814–4700; phone (808) 944–2200; fax 

(808) 973–2941. 

Written comments or requests for a 

public hearing on this application 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular request would 

be appropriate.