80 FR 11172 - Certain Pasta From Italy: Final Results of Countervailing Duty Administrative Review; 2012
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 40 (March 2, 2015)
International Trade Administration
Federal Register Volume 80, Issue 40 (March 2, 2015)
| Page Range | 11172-11174 | |
| FR Document | 2015-04340 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Notices] [Pages 11172-11174] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04340] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-475-819] Certain Pasta From Italy: Final Results of Countervailing Duty Administrative Review; 2012 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) conducted an administrative review of the countervailing duty (CVD) order on certain pasta from Italy. On August 25, 2014, we published the Preliminary Results for this administrative review.\1\ The period of review (POR) is January 1, 2012 through December 31, 2012. We find that DeMatteis Agroalimentare S.p.A. (also known as, De Matteis Agroalimentare SpA) (DeMatteis) received countervailable subsidies during the POR, and that Fratelli DeCecco di Filippo Fara San Martino S.p.A. (also known as, F.lli De Cecco di Filippo Fara San Martino S.p.A.) (DeCecco) received de minimis countervailable subsidies during the POR. As such, we are applying DeMatteis' rate to the other firms subject to this review that were not individually examined. --------------------------------------------------------------------------- \1\ See Certain Pasta From Italy: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2012, 79 FR 50618 (August 25, 2014) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Date: March 2, 2015. FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Joshua Morris, AD/ CVD Operations, Office I, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6478 or (202) 482-1779, respectively. SUPPLEMENTARY INFORMATION: Background In the Preliminary Results, we deferred our analysis of certain programs to a post-preliminary analysis. On October 30, 2014, we issued a post-preliminary analysis memorandum.\2\ We invited interested parties to file case briefs and rebuttal briefs following the release of the post-preliminary analysis memorandum. Only the Government of Italy (the GOI) filed a case brief. --------------------------------------------------------------------------- \2\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Post-Preliminary Analysis of Countervailing Duty Administrative Review: Certain Pasta from Italy'' (October 30, 2014). --------------------------------------------------------------------------- Scope of the Order The scope of the Order consists of certain pasta from Italy.\3\ The merchandise subject to the order is [[Page 11173]] currently classifiable under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. A full description of the scope of the Order is contained in the ``Issues and Decision Memorandum for Final Results of Countervailing Duty Administrative Review: Certain Pasta from Italy,'' from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated February 23, 2015 (Issues and Decision Memorandum), and hereby adopted by this notice. --------------------------------------------------------------------------- \3\ See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta (``Pasta'') From Italy, 61 FR 38544 (July 24, 1996) (Order). --------------------------------------------------------------------------- The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).\4\ ACCESS is available to registered users at http://access.trade.gov and available to all parties in the Central Records Unit, room 7046 of the main Department building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. A list of topics discussed in the Issues and Decision Memorandum is provided in the Appendix to this notice. --------------------------------------------------------------------------- \4\ On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (``IA ACCESS'') to AD and CVD Centralized Electronic Service System (``ACCESS''). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). --------------------------------------------------------------------------- Methodology We have conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.\5\ In making these findings, we have relied, in part, on an adverse inference in selecting from among the facts otherwise available because we find that the GOI did not act to the best of its ability to respond to our requests for information regarding certain programs.\6\ --------------------------------------------------------------------------- \5\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. For a full description of the methodology underlying our conclusions, see Issues and Decision Memorandum. \6\ See sections 776(a) and (b) of the Act. For further discussion, see Issues and Decision Memorandum at ``Use of Facts Otherwise Available and Adverse Inferences.'' --------------------------------------------------------------------------- DeMatteis reported that it made export sales of pasta to the United States through an unaffiliated trading company, Agritalia S.r.L. (Agritalia), during the POR. In the Preliminary Results, we stated our intent to re-examine the approach we used regarding subsidies to Agritalia in the Tenth Administrative Review,\7\ and we solicited comments in that regard.\8\ We received no comments on this issue. --------------------------------------------------------------------------- \7\ See Certain Pasta from Italy: Preliminary Results of the Tenth Countervailing Duty Administrative Review, 72 FR 43616, 43622 (August 6, 2007), unchanged in Certain Pasta From Italy: Final Results of the Tenth (2005) Countervailing Duty Administrative Review, 73 FR 7251 (February 7, 2008) (collectively, Tenth Administrative Review). \8\ See Preliminary Results, 79 FR 50619. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.213(b) and 19 CFR 351.221(b), Agritalia is not a respondent in this review because a review was not requested for Agritalia. However, pursuant to 19 CFR 351.525(c), benefits from subsidies provided to a trading company which exports subject merchandise shall be cumulated with benefits from subsidies provided to the firm that is producing the subject merchandise that is sold through the trading company, regardless of whether the trading company and the producing firm are affiliated. Thus, for these final results, we are cumulating the benefits from subsidies received by Agritalia with the benefits from subsidies received by DeMatteis based on the percentage of DeMatteis' exports of subject merchandise to the United States that were made through Agritalia during the POR.\9\ --------------------------------------------------------------------------- \9\ For further discussion, see Issues and Decision Memorandum at ``Subsidy Valuation Information.'' --------------------------------------------------------------------------- Final Results of the Review In accordance with 19 CFR 351.221(b)(5), we calculated individual subsidy rates for the mandatory respondents, DeMatteis and DeCecco. Three respondents were not selected for individual review: Ghigi Industria Agroalimentare in San Clemente srl, Pasta Granoro S.r.L. (also known as, Pastifico Attilio Mastromauro Granoro S.r.L), and Valdigrano di Flavio Pagani S.r.L. For these non-selected respondents, we assigned the CVD rate calculated for DeMatteis because it is the only rate calculated in this review that is not de minimis.\10\ As such, we find the net countervailable subsidy rate for the producers and/or exporters under review to be as follows: --------------------------------------------------------------------------- \10\ See, e.g., Certain Pasta From Italy: Preliminary Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 18806, 18811 (April 13, 2010), unchanged in Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 37386 (June 29, 2010). ------------------------------------------------------------------------ Net subsidy Producer/exporter rate ------------------------------------------------------------------------ DeMatteis Agroalimentare S.p.A. (also known as De 1.72 Matteis Agroalimentare SpA)............................ Fratelli DeCecco di Filippo Fara San Martino S.p.A. * 0.19 (also known as F.lli De Cecco di Filippo Fara San Martino S.p.A.)........................................ Ghigi Industria Agroalimentare in San Clemente srl...... 1.72 Pasta Granoro S.r.L. (also known as, Pastifico Attilio 1.72 Mastromauro Granoro S.r.L)............................. Valdigrano di Flavio Pagani S.r.L....................... 1.72 ------------------------------------------------------------------------ * (De minimis.) Assessment Rates Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment instructions to the U.S. Customs and Border Protection (CBP) fifteen days after the date of publication of these final results. We will instruct CBP to assess countervailing duties on POR entries in the amounts shown above, except for entries of merchandise produced and/or exported by DeCecco, which will be liquidated without regard to countervailing duties because its subsidy rate is de minimis. Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown above on shipments of subject merchandise entered, or withdrawn [[Page 11174]] from warehouse, for consumption on or after the date of publication of the final results of this review, except that cash deposits of zero percent will be required for entries from DeCecco because its subsidy rate is de minimis. For all non-reviewed companies (except Barilla G. e R. F.lli S.p.A. and Gruppo Agricoltura Sana S.r.l., which are excluded from the order,\11\ and Pasta Lensi S.r.l., which was revoked from the Order),\12\ we will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company. Accordingly, the cash deposit rates that will be applied to companies covered by the Order, but not examined in this review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \11\ See Order, 61 FR at 38545. \12\ See Certain Pasta from Italy: Final Results of the Ninth Countervailing Duty Administrative Review and Notice of Revocation of Order, in Part, 71 FR 36318, 36319-36320 (June 26, 2006). --------------------------------------------------------------------------- Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of 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 results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: February 23, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Use of Facts Otherwise Available and Adverse Inferences 5. Subsidy Valuation Information 6. Analysis of Programs 7. Analysis of Comment: Application of Adverse Facts Available (AFA) for Sgravi Programs 8. Recommendation [FR Doc. 2015-04340 Filed 2-27-15; 8:45 am] BILLING CODE 3510-DS-P
![11172 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
Upcoming Sunset Reviews for April of Initiation of Five-Year Sunset Review upon determining that initiation of the
2015 (‘‘Sunset Review’’). With respect to the Sunset Reviews for all of the
orders on Polyethylene Retail Carrier Polyethylene Retail Carrier Bags orders
The following Sunset Reviews are Bags from China, Malaysia and on the same date would promote
scheduled for initiation in April 2015 Thailand, we have advanced the administrative efficiency.
and will appear in that month’s Notice initiation date of these Sunset Reviews
Department contact
Antidumping Duty Proceedings
Chloropicrin from China (A–570–002) (4th Review) .................................................................................. Charles Riggle, (202) 482–0650.
Carbazole Violet Pigment 23 from China (A–570–892) (2nd Review) ...................................................... Jacqueline Arrowsmith, (202) 482–
5255.
Crepe Paper from China (A–570–895) (2nd Review) ................................................................................ Charles Riggle, (202) 482–0650.
Polyethylene Retail Carrier Bags from China (A–570–886) (1st Review) ................................................. David Goldberger, (202) 482–4136.
Carbazole Violet Pigment 23 from India (A–533–838) (2nd Review) ........................................................ Jacqueline Arrowsmith, (202) 482–
5255.
Polyethylene Retail Carrier Bags from Indonesia (A–560–822) (1st Review) ........................................... David Goldberger, (202) 482–4136.
Polyethylene Retail Carrier Bags from Malaysia (A–557–813) (1st Review) ............................................ David Goldberger, (202) 482–4136.
Polyethylene Retail Carrier Bags from Taiwan (A–583–843) (1st Review) ............................................... David Goldberger, (202) 482–4136.
Polyethylene Retail Carrier Bags from Thailand (A–549–821) (1st Review) ............................................. David Goldberger, (202) 482–4136.
Polyethylene Retail Carrier Bags from Vietnam (A–552–806) (1st Review) ............................................. David Goldberger, (202) 482–4136.
Countervailing Duty Proceedings
Carbazole Violet Pigment 23 from India (C–533–839) (2nd Review) ........................................................ Jacqueline Arrowsmith, (202) 482–
5255.
Polyethylene Retail Carrier Bags from Vietnam, (C–552–805) (1st Review) ............................................ Jacqueline Arrowsmith, (202) 482–
5255.
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in April 2015.
The Department’s procedures for the DEPARTMENT OF COMMERCE to this review that were not individually
conduct of Sunset Reviews are set forth examined.
in 19 CFR 351.218. The Notice of International Trade Administration DATES: Effective Date: March 2, 2015.
Initiation of Five-Year (‘‘Sunset’’) [C–475–819] FOR FURTHER INFORMATION CONTACT:
Reviews provides further information Sergio Balbontin or Joshua Morris, AD/
regarding what is required of all parties Certain Pasta From Italy: Final Results CVD Operations, Office I, Enforcement
to participate in Sunset Reviews. of Countervailing Duty Administrative and Compliance, U.S. Department of
Pursuant to 19 CFR 351.103(c), the Review; 2012 Commerce, 14th Street and Constitution
Department will maintain and make Avenue NW., Washington, DC 20230;
available a service list for these AGENCY: Enforcement and Compliance, telephone: (202) 482–6478 or (202) 482–
proceedings. To facilitate the timely International Trade Administration, 1779, respectively.
preparation of the service list(s), it is Department of Commerce.
SUPPLEMENTARY INFORMATION:
requested that those seeking recognition SUMMARY: The Department of Commerce
as interested parties to a proceeding (Department) conducted an Background
contact the Department in writing administrative review of the In the Preliminary Results, we
within 10 days of the publication of the countervailing duty (CVD) order on deferred our analysis of certain
Notice of Initiation. certain pasta from Italy. On August 25, programs to a post-preliminary analysis.
Please note that if the Department 2014, we published the Preliminary On October 30, 2014, we issued a post-
receives a Notice of Intent to Participate Results for this administrative review.1 preliminary analysis memorandum.2 We
from a member of the domestic industry The period of review (POR) is January invited interested parties to file case
within 15 days of the date of initiation, 1, 2012 through December 31, 2012. We briefs and rebuttal briefs following the
the review will continue. Thereafter, find that DeMatteis Agroalimentare release of the post-preliminary analysis
any interested party wishing to S.p.A. (also known as, De Matteis memorandum. Only the Government of
participate in the Sunset Review must Agroalimentare SpA) (DeMatteis) Italy (the GOI) filed a case brief.
provide substantive comments in received countervailable subsidies
response to the notice of initiation no during the POR, and that Fratelli Scope of the Order
later than 30 days after the date of DeCecco di Filippo Fara San Martino The scope of the Order consists of
initiation. S.p.A. (also known as, F.lli De Cecco di certain pasta from Italy.3 The
This notice is not required by statute Filippo Fara San Martino S.p.A.) merchandise subject to the order is
asabaliauskas on DSK5VPTVN1PROD with NOTICES
but is published as a service to the (DeCecco) received de minimis
international trading community. countervailable subsidies during the 2 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ‘‘Post-
Dated: February 23, 2015. POR. As such, we are applying Preliminary Analysis of Countervailing Duty
Christian Marsh, DeMatteis’ rate to the other firms subject Administrative Review: Certain Pasta from Italy’’
Deputy Assistant Secretary for Antidumping (October 30, 2014).
1 See Certain Pasta From Italy: Preliminary 3 See Notice of Countervailing Duty Order and
and Countervailing Duty Operations.
Results and Partial Rescission of the Countervailing Amended Final Affirmative Countervailing Duty
[FR Doc. 2015–04278 Filed 2–27–15; 8:45 am] Duty Administrative Review; 2012, 79 FR 50618 Determination: Certain Pasta (‘‘Pasta’’) From Italy,
BILLING CODE 3510–DS–P (August 25, 2014) (Preliminary Results). 61 FR 38544 (July 24, 1996) (Order).
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![11174 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
from warehouse, for consumption on or DEPARTMENT OF COMMERCE b. GSMFC IUU letter
after the date of publication of the final c. Proposed MSA Reauthorization
results of this review, except that cash National Oceanic and Atmospheric language
deposits of zero percent will be required Administration d. Ideas for actions by Council and
for entries from DeCecco because its Commission
RIN 0648–XD802
subsidy rate is de minimis. For all non- i. Develop a smartphone app for
reviewed companies (except Barilla G. e Gulf of Mexico Fishery Management reporting violations
R. F.lli S.p.A. and Gruppo Agricoltura Council; Public Meeting ii. Discussion of ways to avoid waste
Sana S.r.l., which are excluded from the of seized fish
order,11 and Pasta Lensi S.r.l., which AGENCY: National Marine Fisheries iii. other
was revoked from the Order),12 we will Service (NMFS), National Oceanic and e. Other
instruct CBP to continue to collect cash Atmospheric Administration (NOAA), 5. Proposed Officer of the Year Award
deposits at the most recent company- Commerce. program
ACTION: Notice of a public meeting.
6. IJF Program Activity
specific or all-others rate applicable to
a. Blue Crab
the company. Accordingly, the cash b. Gulf Menhaden
deposit rates that will be applied to SUMMARY: The Gulf of Mexico Fishery
Management Council (Council) will c. Gulf and Southern Flounder
companies covered by the Order, but d. Tripletail
not examined in this review, are those hold a meeting of its Law Enforcement
Advisory Panel (LEAP) in conjunction 7. State Report Highlights
established in the most recently a. Florida
completed segment of the proceeding with the Gulf States Marine Fisheries
b. Alabama
for each company. These cash deposit Commission’s Law Enforcement
c. Mississippi
requirements, when imposed, shall Committee (LEC). d. Louisiana
remain in effect until further notice. DATES: The meeting will be held from e. Texas
8:30 a.m. until 12 noon on Tuesday, f. USCG
Administrative Protective Order March 17, 2015. g. NOAA OLE
This notice serves as a final reminder ADDRESSES: h. USFWS
to parties subject to administrative Meeting address: The meeting will be 8. Other Business
protective order (APO) of their held at the Grand Hotel Point Clear —Adjourn—
responsibility concerning the Resort & Spa, One Grand Boulevard, The Law Enforcement Advisory Panel
disposition of proprietary information Point Clear, AL 36564. Telephone: (251) consists of principal law enforcement
disclosed under APO in accordance 928–9201. officers in each of the Gulf States, as
with 19 CFR 351.305(a)(3). Timely Council address: Gulf of Mexico well as the NOAA Law Enforcement,
written notification of return or Fishery Management Council, 2203 U.S. Fish and Wildlife Service, the U.S.
destruction of APO materials or North Lois Avenue, Suite 1100, Tampa, Coast Guard, and the NOAA General
conversion to judicial protective order is FL 33607. Counsel for Law Enforcement.
hereby requested. Failure to comply FOR FURTHER INFORMATION CONTACT: Mr. Although non-emergency issues not
with the regulations and the terms of an Steven Atran, Senior Fishery Biologist, contained in this agenda may come
APO is a sanctionable violation. Gulf of Mexico Fishery Management before this group for discussion, those
We are issuing and publishing these Council; telephone: (813) 348–1630; fax: issues may not be the subject of formal
results in accordance with sections (813) 348–1711; email: steven.atran@ action during this meeting. Action will
751(a)(1) and 777(i)(1) of the Act and 19 gulfcouncil.org and Mr. Steve be restricted to those issues specifically
CFR 351.213. Vanderkooy, Inter-jurisdictional identified in this notice and any issues
Fisheries Coordinator, Gulf States arising after publication of this notice
Dated: February 23, 2015.
Marine Fisheries Commission; that require emergency action under
Paul Piquado, section 305(c) of the Magnuson-Stevens
Assistant Secretary for Enforcement and
telephone: (228) 875–5912; email:
svanderkooy@gsmfc.org. Fishery Conservation and Management
Compliance. Act, provided the public has been
SUPPLEMENTARY INFORMATION: The items
Appendix notified of the Council’s intent to take
of discussion on the agenda are as
final action to address the emergency.
List of Topics Discussed in the Issues and follows:
Decision Memorandum Special Accommodations
Joint Gulf Council’s Law Enforcement
1. Summary Advisory Panel and Gulf States Marine The meeting is physically accessible
2. Background to people with disabilities. Requests for
3. Scope of the Order
Fisheries Commission’s Law
Enforcement Committee Meeting sign language interpretation or other
4. Use of Facts Otherwise Available and
Adverse Inferences Agenda, Tuesday, March 17, 2015, 8:30 auxiliary aids should be directed to
5. Subsidy Valuation Information a.m. Until 12 Noon Kathy Pereira at the Council Office (see
6. Analysis of Programs ADDRESSES), at least 5 working days
1. Adoption of Agenda prior to the meeting.
7. Analysis of Comment: Application of
2. Approval of Minutes of October 20,
Adverse Facts Available (AFA) for Sgravi Note: The times and sequence specified in
Programs 2014 LEC/LEAP Meeting
3. Current GMFMC Amendments and this agenda are subject to change.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
8. Recommendation
Framework Actions Authority: 16 U.S.C. 1801 et seq.
[FR Doc. 2015–04340 Filed 2–27–15; 8:45 am]
a. Reef Fish Amendment 39—Red
BILLING CODE 3510–DS–P
Snapper Regional Management Dated: February 24, 2015.
b. South Florida Management Issues Tracey L. Thompson,
11 SeeOrder, 61 FR at 38545. 4. IUU Fishing Issues and Possible Acting Deputy Director, Office of Sustainable
12 SeeCertain Pasta from Italy: Final Results of
Council/Commission Actions Fisheries, National Marine Fisheries Service.
the Ninth Countervailing Duty Administrative
Review and Notice of Revocation of Order, in Part, a. Presentation on IUU fishing— [FR Doc. 2015–04209 Filed 2–27–15; 8:45 am]
71 FR 36318, 36319–36320 (June 26, 2006). Mexican lanchas BILLING CODE 3510–22–P
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Document Created: 2015-12-18 12:07:28
Document Modified: 2015-12-18 12:07:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Sergio Balbontin or Joshua Morris, AD/ CVD Operations, Office I, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6478 or (202) 482-1779, respectively. | |
| FR Citation | 80 FR 11172 |
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