FR Alert – Covering:12/30/2019

Todays Federal Register

DEPARTMENT OF COMMERCE

Agency Notice
SUMMARY: NMFS has received a request from the Port of Alaska (POA) for authorization to take marine mammals incidental to pile driving associated with the construction of a new Petroleum and Cement Terminal (PCT) in Knik Arm, Alaska. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue two successive incidental harassment authorizations (IHAs) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on possible one-year renewals that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision. DATES: Comments and information must be received no later than January 29, 2020. ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to [email protected]. Instructions: NMFS is not responsible for comments sent by any other method
[19-28102][Full Article] [PDF]
Agency Notice
SUMMARY: The Secretary of Commerce, through the Office of Trade and Economic Analysis (“OTEA”), issued an amended Export Trade Certificate of Review Certificate to LAMAC on December 20, 2019. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, OTEA, International Trade Administration, by telephone at (202) 482-5131 (this is not a toll-free number) or email at [email protected]. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001-21) (“the Act”) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325. OTEA is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the Federal Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary’s determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the Un
[19-28062][Full Article] [PDF]
Agency Notice
SUMMARY: On September 6, 2019, the Court of International Trade (CIT) entered its final judgment in Sumecht NA, Inc. v. United States, Court No. 17-00244, finding that the United States Department of Commerce (Commerce) erred in setting the effective date of its Notice of Court Decision Not in Harmony with a Final Determination and Notice of Amendment Final Determination of Investigation Pursuant to Court Decision (Timken Notice) pertaining to the antidumping duty (AD) investigation of certain crystalline silicon photovoltaic cells, whether or not assembled into modules (certain solar cells), from the People’s Republic of China (China). Pursuant to the CIT’s final judgment, the effective date of Commerce’s Timken Notice relative to certain entries of subject merchandise exported by Sumec Hardware Tools Co., Ltd.’s (Sumec Hardware) is November 23, 2015, which is the date of publication of the Timken Notice in the Federal Register. Accordingly, Commerce intends to instruct U.S. Customs and Border Protection (CBP) to liquidate entries of subject merchandise exported by Sumec Hardware and produced by Phono Solar Technology Co., Ltd., and imported by Sumecht NA, doing business as Sumec North America (Sumecht), which were entered, or withdrawn from warehouse, for consumption on or after October 15, 2015, which is ten days after the CIT’s decisio
[19-28032][Full Article] [PDF]
Agency Notice
SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on polyester staple fiber from Korea for the period of review (POR) May 1, 2018 through April 30, 2019, based on the timely withdrawal of the requests for review. DATES: Applicable December 30, 2019. FOR FURTHER INFORMATION CONTACT: Theodore Pearson, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2631. SUPPLEMENTARY INFORMATION: Background On May 1, 2019, Commerce published a notice of opportunity to request an administrative review of the AD order on polyester staple fiber from Korea for the POR of May 1, 2018, through April 30, 2018.\1\ On May 31, 2019, Commerce received timely-filed requests from DAK Americas LLC and Auriga Polymers, Inc. (the petitioners) \2\ for administrative reviews of Huvis Corporation (Huvis) and Toray Chemical Korea, Inc. (Toray) and from Huvis \3\ for administrative review of itself, in accordance with section 751(a) of the Tariff Act of 1930, as
[19-28094][Full Article] [PDF]
Agency Notice
SUMMARY: The Department of Commerce (Commerce) preliminarily determines that RMB Fasteners Ltd. and IFI & Morgan Ltd. (collectively, RMB/IFI) and Certified Products International Inc. (CPI) did not have any shipments of subject merchandise during the period of review (POR), and that the 172 remaining companies subject to this administrative review should be treated as part of the China-wide entity because they failed to demonstrate their eligibility for a separate rate. The POR is April 1, 2018 through March 31, 2019. DATES: Applicable December 30, 2019. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7425. SUPPLEMENTARY INFORMATION: Background On June 13, 2019, Commerce published the notice of initiation of the administrative review of the antidumping duty order on certain steel threaded rod (STR) from China.\1\ On June 21, 2019, CPI reported that it had no shipments during the POR.\2\ On July 15, 2019, RMB/IFI \3\ submitted a no shipments certification and a separate rate
[19-28034][Full Article] [PDF]
Agency Notice
SUMMARY: The Department of Commerce (Commerce) preliminarily determines that all companies subject to this administrative review of the antidumping duty (AD) order on certain hot-rolled carbon steel flat products (hot-rolled steel) from the People’s Republic of China (China) are part of the China-wide entity because none filed a separate rate application (SRA) or separate rate certification (SRC). The period of review (POR) is November 1, 2017 through October 31, 2018. We invite interested parties to comment on these preliminary results. DATES: Applicable December 30, 2019. FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2312. SUPPLEMENTARY INFORMATION: Background On November 29, 2001, Commerce published in the Federal Register an antidumping duty order on hot-rolled steel from China.\1\ On November 30, 2018, Nucor Corporation (Nucor) submitted a request for an administrative review of multiple companies.\2\ On February 6, 2019, Commerce published a notice of initiation of an administrative review
[19-28033][Full Article] [PDF]

DEPARTMENT OF DEFENSE

Agency Notice
SUMMARY: The Department of Defense is publishing the unclassified text of an arms sales notification. [[Page 71905]] FOR FURTHER INFORMATION CONTACT: Karma Job at [email protected] or (703) 697-8976. SUPPLEMENTARY INFORMATION: This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104- 164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 19-53 with attached Policy Justification and Sensitivity of Technology. Dated: December 19, 2019. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLNG CODE 5001-06-P [GRAPHIC] [TIFF OMITTED] TN30DE19.009 BILLNG CODE 5001-06-C [[Page 71906]]
[19-28048][Full Article] [PDF]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency Notice
SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled “Submission of Plans for Cigarette Packages and Cigarette Advertisements.” This guidance, when finalized, would assist those required to submit cigarette plans for cigarette packages and cigarette advertisements by providing recommendations related to those submissions, including information on what should be in a cigarette plan, who should submit a cigarette plan, and when to submit a cigarette plan. DATES: Submit either electronic or written comments on the draft guidance by January 29, 2020. ADDRESSES: You may submit comments on any guidance at any time as follows: Electronic Submissions Submit electronic comments in the following way: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone
[19-27991][Full Article] [PDF]

DEPARTMENT OF JUSTICE

Agency Notice
[Notices] [Page 71977] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-28144] ======================================================================= ———————————————————————– DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993–CHEDE-8 Notice is hereby given that, on December 4, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), CHEDE-8 (“CHEDE-8”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the
[19-28144][Full Article] [PDF]

DEPARTMENT OF THE TREASURY

Agency Notice
SUMMARY: The U.S. Department of the Treasury, Bureau of the Fiscal Service (Fiscal Service) administers the corporate federal surety bond program (“the program”), under which Fiscal Service processes and evaluates applications from companies seeking to underwrite or reinsure federal surety bonds. Fiscal Service is considering modernizing and improving the program. To support this effort, Fiscal Service requests information from stakeholders on these topics, including views regarding the application process for certificates of authority, the data that Fiscal Service should consider, and the analytical methods it should use when evaluating an applicant’s financial condition. DATES: Submit written comments on or before February 13, 2020. ADDRESSES: You may submit comments, identified by docket FISCAL-2019- 0002, using the following methods: Federal eRulemaking Portal: (http://www.regulations.gov). Follow the instructions on the website for submitting comments. Email: [email protected]. Include docket FISCAL-2019-0002 in the subject line of the message. Mail: Surety Bond Branch, Bureau of the Fiscal Service, 3201 Pennsy Drive, Building E, Landover, MD 20785. Instructions: All submissions received must refer to Fiscal Service and docket number FISCAL-2019-0002. In general, comments rece
[19-28193][Full Article] [PDF]

INTERNATIONAL TRADE COMMISSION

Agency Notice
[Presidential Documents] [Pages 72187-72211] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-28285] [[Page 72185]] Vol. 84 Monday, No. 249 December 30, 2019 Part III The President
[19-28285][Full Article] [PDF]
Agency Notice
SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 26, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Extang Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. d/b/a BAK Industries of Ann Arbor, Michigan. Supplements to the complaint were filed on November 27, 2019 and December 16, 2019. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain pick-up truck folding bed cover systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,484,788 (“the ‘788 patent”) and U.S. Patent No. 8,061,758 (“the ‘758 patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary,
[19-28006][Full Article] [PDF]
Agency Notice
SUMMARY: Notice is hereby given that the U.S. International Trade Commission (the “Commission”) has determined not to review an initial determination (“ID”) (Order No. 7) terminating the investigation due to a settlement agreement. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2382. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s Electronic Docket Information System (“EDIS”) (https://edis.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205-1810. SUPPLEMENTARY INFORMATION: On October 1, 2019, the Commission instituted the present investigation based on a complaint and supplementation thereto filed by Globalf
[19-28041][Full Article] [PDF]
Agency Notice
SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 5) of the presiding administrative law judge (“ALJ”) terminating the investigation as to all respondents, Taiwan Semiconductor Manufacturing Co., Ltd. of Hsinchu, Taiwan; TSMC North America and TSMC Technology, Inc. of San Jose, California (collectively, “TSMC”); Broadcom Inc., Broadcom Corporation, and Cisco Systems, Inc., all of San Jose, California; NVIDIA Corporation and Arista Networks, Inc., both of Santa Clara, California; Apple Inc. of Cupertino, California; ASUSTeK Computer Inc. of Taipei, Taiwan; and Lenovo Group Ltd. of Beijing, China (collectively, “Respondents”), based on a settlement agreement. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2310. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also
[19-28043][Full Article] [PDF]

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Agency Notice
SUMMARY: Effective July 6, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated the exclusion process in July 2018 and granted multiple sets of exclusions. The second set of exclusions was granted in March 2019, and are scheduled to expire on March 25, 2020. The U.S. Trade Representative has decided to consider a possible extension for up to 12 months of particular exclusions granted in March 2019. The Office of the U.S. Trade Representative (USTR) invites public comment on whether to extend particular exclusions. DATES: January 15, 2020 at 12:01 a.m. ET: The docket (USTR-2019-0024) will open for submitting comments on the possible extension of particular exclusions. February 15, 2020 at 11:59 p.m. ET: To be assured of consideration, submit written comments by February 15, 2020. ADDRESSES: Submit public comments through the Federal eRulemaking Portal: https://www.regulations.gov. The docket number is USTR-2019- 0024. USTR strongly encourages all commenters to use Form A in submitting comments. If applicable, Form B (which requests Business Confide
[19-28088][Full Article] [PDF]