80_FR_45337 80 FR 45192 - Multilayered Wood Flooring From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews; 2014-2015

80 FR 45192 - Multilayered Wood Flooring From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range45192-45193
FR Document2015-18618

The Department of Commerce (``Department'') has determined that two requests for new shipper reviews of the antidumping duty order on multilayered wood flooring from the People's Republic of China (``PRC'') meet the statutory and regulatory requirements for initiation. The period of review (``POR'') for these two new shipper reviews is December 1, 2014, through May 31, 2015.

Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015) 
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45192-45193]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18618]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Reviews; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has determined 
that two requests for new shipper reviews of the antidumping duty order 
on multilayered wood flooring from the People's Republic of China 
(``PRC'') meet the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for these two new shipper 
reviews is December 1, 2014, through May 31, 2015.

DATES: Effective Date: July 29, 2015.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Galantucci, AD/
CVD Operations, Office 4, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-5831 
or 202-482-2923, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order on multilayered 
wood flooring from the PRC on December 8, 2011.\1\ On June 22, 2015, 
and June 23, 2015, the Department received timely new shipper review 
requests from Dongtai Zhangshi Wood Industry Co., Ltd. (``Zhangshi'') 
and Huzhou Muyun Wood Co., Ltd. (``Muyun''), respectively, in 
accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (``the Act''), and 19 CFR 351.214(c).\2\
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011) 
(``Order''), as amended Multilayered Wood Flooring from the People's 
Republic of China: Amended Antidumping and Countervailing Duty 
Orders, 77 FR 5484 (February 3, 2012).
    \2\ See Letter from Zhangshi to the Secretary of Commerce 
``Multilayered Wood Flooring from the People's Republic of China; A-
570-970; Request for Antidumping Duty New Shipper Review,'' dated 
June 22, 2015 (``Zhangshi Initiation Request''); Letter from Muyun 
to the Secretary of Commerce ``Multilayered Wood Flooring from the 
People's Republic of China Request for New Shipper Review,'' dated 
June 23, 2015 (``Muyun Initiation Request''); Letter from Zhangshi 
to the Secretary of Commerce ``Multilayered Wood Flooring from the 
People's Republic of China; A-570-970; New Shipper Review for 
Dongtai Zhangshi Wood Industry Co., Ltd.; Clarification of Company 
Name,'' dated July 10, 2015.
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    In their submissions, Zhangshi and Muyun certified that they are 
both the producers and exporters of the subject merchandise upon which 
their respective review requests were based.\3\ Pursuant to section 
751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Zhangshi and 
Muyun certified that they did not export multilayered wood flooring to 
the United States during the period of investigation (``POI'').\4\ In 
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Zhangshi and Muyun certified that, since the 
initiation of the investigation, they have never been affiliated with 
any producer or exporter that exported multilayered wood flooring to 
the United States during the POI, including those not individually 
examined during the investigation.\5\ As required by 19 CFR 
351.214(b)(2)(iii)(B), Zhangshi and Muyun also certified that their 
export activities were not controlled by the central government of the 
PRC.\6\
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    \3\ See Zhangshi Initiation Request at Exhibit 3; see also Muyun 
Initiation Request at Exhibit 1.
    \4\ See id.
    \5\ See id.
    \6\ See id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Zhangshi and Muyun submitted documentation 
establishing the following: (1) The date on which each company first 
shipped multilayered wood flooring for export to the United States and 
the date on which the multilayered wood flooring was 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.\7\
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    \7\ See Zhangshi Initiation Request at Exhibit 1; see also Muyun 
Initiation Request at Exhibit 2.
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    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries and confirmed that Zhangshi and Muyun'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 confirmed by 
examining CBP data that Zhangshi and Muyun entries were made during the 
POR specified by the Department's regulations.\8\
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    \8\ See July 21, 2015, Memoranda to the File, regarding ``U.S. 
Customs and Border Protection Data'' for Zhangshi and Muyun; see 
also Memorandum to the File entitled, ``Initiation of Antidumping 
New Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China: Dongtai Zhangshi Wood Industry Co., Ltd.'' 
(``Zhangshi Initiation Checklist'') dated concurrently with this 
notice; Memorandum to the File entitled, ``Initiation of Antidumping 
New Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China: Huzhou Muyun Wood Co., Ltd.'' (``Muyun Initiation 
Checklist'') dated concurrently with this notice.

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[[Page 45193]]

Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a new shipper review within one year of the date on which its subject 
merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states 
that if the request for the review is made during the six-month period 
ending with the end of the semiannual anniversary month, the Secretary 
will initiate a new shipper review in the calendar month immediately 
following the semiannual anniversary month. Further, 19 CFR 
315.214(g)(1)(i)(B) states that if the new shipper review was initiated 
in the month immediately following the semiannual anniversary month, 
the POR will be the six-month period immediately preceding the 
semiannual anniversary month. Within one year of the dates on which 
their multilayered wood flooring was first entered Zhangshi and Muyun 
made the requests for new shipper reviews in June, which is the 
semiannual anniversary month of the Order. Therefore, the Secretary 
must initiate these reviews in July and the POR is December 1, 2014, 
through May 31, 2015.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that the 
requests submitted by Zhangshi and Muyun meet the threshold 
requirements for initiation of new shipper reviews for the shipments of 
multilayered wood flooring from the PRC produced and exported by these 
companies.\9\ However, if the information supplied by Zhangshi and 
Muyun is later found to be incorrect or insufficient during the course 
of this proceeding, the Department may rescind the review or apply 
adverse facts available pursuant to section 776 of the Act, depending 
upon the facts on record. The Department intends to issue the 
preliminary results of these new shipper reviews 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 results.\10\
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    \9\ See Zhangshi Initiation Checklist; see also Muyun Initiation 
Checklist.
    \10\ See section 751(a)(2)(B)(iv) of the Act.
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    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, the 
Department will issue questionnaires to Zhangshi and Muyun which will 
include a section requesting information with regard to these 
companies' export activities for separate rates purposes. The review of 
each exporter will proceed if the response provides sufficient 
indication that it is not subject to either de jure or de facto 
government control with respect to its export of subject merchandise.
    The Department will instruct CBP to allow, until the completion of 
the review, at the option of the importer, the posting of a bond or 
security in lieu of a cash deposit for each entry of the subject 
merchandise from Zhangshi and Muyun, in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Zhangshi 
and Muyun certified that they produced and exported the subject 
merchandise, the Department will apply the bonding privilege only for 
subject merchandise that the respondent both produced and exported. To 
assist in its analysis of the bona fides of Zhangshi and Muyun's sales, 
upon initiation of this NSR, the Department will require Zhangshi and 
Muyun to submit on an ongoing basis complete transaction information 
concerning any sales of subject merchandise to the United States that 
were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
these new shipper reviews 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: July 21, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-18618 Filed 7-28-15; 8:45 am]
BILLING CODE 3510-DS-P

45192 Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices URAA and after consulting with the DEPARTMENT OF COMMERCE In their submissions, Zhangshi and Department and Congress, the USTR Muyun certified that they are both the directed the Department to implement International Trade Administration producers and exporters of the subject these final determinations. With respect [A–570–970] merchandise upon which their to each of these proceedings, unless the respective review requests were based.3 applicable cash deposit rate has been Multilayered Wood Flooring From the Pursuant to section 751(a)(2)(B)(i)(I) of superseded by intervening People’s Republic of China: Initiation the Act and 19 CFR 351.214(b)(2)(i), administrative reviews, the Department of Antidumping Duty New Shipper Zhangshi and Muyun certified that they will instruct U.S. Customs and Border Reviews; 2014–2015 did not export multilayered wood Protection to require a cash deposit for flooring to the United States during the AGENCY: Enforcement and Compliance, period of investigation (‘‘POI’’).4 In estimated ADs at the appropriate rate for International Trade Administration, each exporter/producer specified above, addition, pursuant to section Department of Commerce. 751(a)(2)(B)(i)(II) of the Act and 19 CFR for entries of subject merchandise, SUMMARY: The Department of Commerce 351.214(b)(2)(iii)(A), Zhangshi and entered or withdrawn from warehouse, (‘‘Department’’) has determined that two Muyun certified that, since the for consumption, on or after July 20, requests for new shipper reviews of the initiation of the investigation, they have 2015. antidumping duty order on multilayered never been affiliated with any producer This notice of implementation of wood flooring from the People’s or exporter that exported multilayered these section 129 final determinations is Republic of China (‘‘PRC’’) meet the wood flooring to the United States published in accordance with section statutory and regulatory requirements during the POI, including those not 129(c)(2)(A) of the URAA. for initiation. The period of review individually examined during the (‘‘POR’’) for these two new shipper investigation.5 As required by 19 CFR Dated: July 22, 2015. reviews is December 1, 2014, through 351.214(b)(2)(iii)(B), Zhangshi and Paul Piquado, May 31, 2015. Muyun also certified that their export Assistant Secretary for Enforcement and DATES: Effective Date: July 29, 2015. activities were not controlled by the Compliance. FOR FURTHER INFORMATION CONTACT: central government of the PRC.6 [FR Doc. 2015–18625 Filed 7–28–15; 8:45 am] Maisha Cryor or Robert Galantucci, AD/ In addition to the certifications BILLING CODE P CVD Operations, Office 4, Enforcement described above, pursuant to 19 CFR and Compliance, International Trade 351.214(b)(2)(iv), Zhangshi and Muyun 17 The calculated margins in the underlying Administration, U.S. Department of submitted documentation establishing investigation were not adjusted to reflect a Commerce, 14th Street and Constitution the following: (1) The date on which deduction for any countervailing duty determined Avenue NW., Washington, DC 20230; each company first shipped to constitute export subsidies. telephone: 202–482–5831 or 202–482– multilayered wood flooring for export to 18 The calculated margins in the underlying 2923, respectively. the United States and the date on which investigation were not adjusted to reflect a SUPPLEMENTARY INFORMATION: the multilayered wood flooring was first deduction for any countervailing duty determined entered, or withdrawn from warehouse, to constitute an export subsidy. Background 19 The calculated margins in the underlying for consumption; (2) the volume of its The Department published the first shipment; and (3) the date of its investigation were not adjusted to reflect a deduction for any countervailing duty determined antidumping duty order on multilayered first sale to an unaffiliated customer in to constitute export subsidies. wood flooring from the PRC on the United States.7 20 Consistent with our practice, where the product December 8, 2011.1 On June 22, 2015, The Department conducted U.S. was also subject to a concurrent countervailing duty and June 23, 2015, the Department Customs and Border Protection (‘‘CBP’’) proceeding, the weighted-average margins listed received timely new shipper review database queries and confirmed that here reflect a deduction for the countervailing duty requests from Dongtai Zhangshi Wood Zhangshi and Muyun’s shipments of determined to constitute an export subsidy. subject merchandise had entered the 21 Yixing Union Biochemical Co., Ltd.’s Industry Co., Ltd. (‘‘Zhangshi’’) and Huzhou Muyun Wood Co., Ltd. United States for consumption and that countervailing duty margin did not consist of any liquidation of such entries had been export subsidies. (‘‘Muyun’’), respectively, in accordance 22 Consistent with our practice, where the product with section 751(a)(2)(B)(i) of the Tariff properly suspended for antidumping was also subject to a concurrent countervailing duty Act of 1930, as amended (‘‘the Act’’), duties. The Department also confirmed proceeding, the weighted-average margins listed and 19 CFR 351.214(c).2 by examining CBP data that Zhangshi here reflect a deduction for the countervailing duty and Muyun entries were made during determined to constitute an export subsidy. 1 See Multilayered Wood Flooring from the the POR specified by the Department’s 23 Consistent with our practice, where the product People’s Republic of China: Amended Final regulations.8 was also subject to a concurrent countervailing duty Determination of Sales at Less Than Fair Value and proceeding, the weighted-average margins listed Antidumping Duty Order, 76 FR 76690 (December Industry Co., Ltd.; Clarification of Company Name,’’ here reflect a deduction for the countervailing duty 8, 2011) (‘‘Order’’), as amended Multilayered Wood dated July 10, 2015. Flooring from the People’s Republic of China: determined to constitute an export subsidy. 3 See Zhangshi Initiation Request at Exhibit 3; see Amended Antidumping and Countervailing Duty 24 Consistent with our practice, where the product also Muyun Initiation Request at Exhibit 1. Orders, 77 FR 5484 (February 3, 2012). 4 See id. was also subject to a concurrent countervailing duty 2 See Letter from Zhangshi to the Secretary of 5 See id. proceeding, the weighted-average margins listed Commerce ‘‘Multilayered Wood Flooring from the 6 See id. here reflect a deduction for the countervailing duty People’s Republic of China; A–570–970; Request for 7 See Zhangshi Initiation Request at Exhibit 1; see determined to constitute an export subsidy. Antidumping Duty New Shipper Review,’’ dated June 22, 2015 (‘‘Zhangshi Initiation Request’’); also Muyun Initiation Request at Exhibit 2. tkelley on DSK3SPTVN1PROD with NOTICES 25 The calculated margins in the underlying investigation were not adjusted to reflect a Letter from Muyun to the Secretary of Commerce 8 See July 21, 2015, Memoranda to the File, deduction for any countervailing duty determined ‘‘Multilayered Wood Flooring from the People’s regarding ‘‘U.S. Customs and Border Protection Republic of China Request for New Shipper Data’’ for Zhangshi and Muyun; see also to constitute export subsidies. Review,’’ dated June 23, 2015 (‘‘Muyun Initiation Memorandum to the File entitled, ‘‘Initiation of 26 The calculated margins in the underlying Request’’); Letter from Zhangshi to the Secretary of Antidumping New Shipper Review of Multilayered investigation were not adjusted to reflect a Commerce ‘‘Multilayered Wood Flooring from the Wood Flooring from the People’s Republic of China: deduction for any countervailing duty determined People’s Republic of China; A–570–970; New Dongtai Zhangshi Wood Industry Co., Ltd.’’ to constitute export subsidies. Shipper Review for Dongtai Zhangshi Wood (‘‘Zhangshi Initiation Checklist’’) dated VerDate Sep<11>2014 17:33 Jul 28, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\29JYN1.SGM 29JYN1

Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices 45193 Period of Review antidumping duty rate separate from the ACTION: Notice of closed meeting. Pursuant to 19 CFR 351.214(c), an country-wide rate provide evidence of de jure and de facto absence of SUMMARY: The Judges Panel of the exporter or producer may request a new shipper review within one year of the government control over the company’s Malcolm Baldrige National Quality date on which its subject merchandise export activities. Accordingly, the Award (Judges Panel) will meet in was first entered. Moreover, 19 CFR Department will issue questionnaires to closed session on Wednesday, August 351.214(d)(1) states that if the request Zhangshi and Muyun which will 26, 2015, from 9:00 a.m. until 3:30 p.m. for the review is made during the six- include a section requesting information Eastern Time. The purpose of this month period ending with the end of with regard to these companies’ export meeting is to review the results of the semiannual anniversary month, the activities for separate rates purposes. examiners’ scoring of written Secretary will initiate a new shipper The review of each exporter will applications. Panel members will vote review in the calendar month proceed if the response provides on which applicants merit site visits by immediately following the semiannual sufficient indication that it is not subject examiners to verify the accuracy of anniversary month. Further, 19 CFR to either de jure or de facto government quality improvements claimed by 315.214(g)(1)(i)(B) states that if the new control with respect to its export of applicants. The meeting is closed to the shipper review was initiated in the subject merchandise. public in order to protect the month immediately following the The Department will instruct CBP to proprietary data to be examined and semiannual anniversary month, the POR allow, until the completion of the discussed at the meeting. will be the six-month period review, at the option of the importer, the DATES: The meeting will be held on immediately preceding the semiannual posting of a bond or security in lieu of Wednesday, August 26, 2015, from 9:00 anniversary month. Within one year of a cash deposit for each entry of the a.m. until 3:30 p.m. Eastern Time. The the dates on which their multilayered subject merchandise from Zhangshi and entire meeting will be closed to the wood flooring was first entered Muyun, in accordance with section public. Zhangshi and Muyun made the requests 751(a)(2)(B)(iii) of the Act and 19 CFR for new shipper reviews in June, which 351.214(e). Because Zhangshi and ADDRESSES: The meeting will be held at is the semiannual anniversary month of Muyun certified that they produced and the National Institute of Standards and the Order. Therefore, the Secretary must exported the subject merchandise, the Technology, 100 Bureau Drive, initiate these reviews in July and the Department will apply the bonding Gaithersburg, MD 20899. POR is December 1, 2014, through May privilege only for subject merchandise FOR FURTHER INFORMATION CONTACT: 31, 2015. that the respondent both produced and Robert Fangmeyer, Director, Baldrige exported. To assist in its analysis of the Performance Excellence Program, Initiation of New Shipper Reviews bona fides of Zhangshi and Muyun’s National Institute of Standards and Pursuant to section 751(a)(2)(B) of the sales, upon initiation of this NSR, the Technology, 100 Bureau Drive, Mail Act and 19 CFR 351.214(b), and the Department will require Zhangshi and Stop 1020, Gaithersburg, Maryland information on the record, the Muyun to submit on an ongoing basis 20899–1020, telephone number (301) Department finds that the requests complete transaction information 975–2360, email robert.fangmeyer@ submitted by Zhangshi and Muyun meet concerning any sales of subject nist.gov. the threshold requirements for initiation merchandise to the United States that of new shipper reviews for the were made subsequent to the POR. SUPPLEMENTARY INFORMATION: shipments of multilayered wood Interested parties requiring access to Authority: 15 U.S.C. 3711a(d)(1) and the flooring from the PRC produced and proprietary information in these new Federal Advisory Committee Act, as exported by these companies.9 shipper reviews should submit amended, 5 U.S.C. App. However, if the information supplied by applications for disclosure under Pursuant to the Federal Advisory Zhangshi and Muyun is later found to administrative protective order in Committee Act, as amended, 5 U.S.C. be incorrect or insufficient during the accordance with 19 CFR 351.305 and 19 App., notice is hereby given that the course of this proceeding, the CFR 351.306. Judges Panel of the Malcolm Baldrige Department may rescind the review or This initiation and notice are in National Quality Award will meet on apply adverse facts available pursuant accordance with section 751(a)(2)(B) of Wednesday, August 26, 2015, from 9:00 to section 776 of the Act, depending the Act and 19 CFR 351.214 and 19 CFR a.m. until 3:30 p.m. Eastern Time. The upon the facts on record. The 351.221(c)(1)(i). Judges Panel is composed of twelve Department intends to issue the Dated: July 21, 2015. members, appointed by the Secretary of preliminary results of these new shipper Christian Marsh, Commerce, chosen for their familiarity reviews no later than 180 days from the Deputy Assistant Secretary for Antidumping with quality improvement operations date of initiation, and the final results and Countervailing Duty Operations. and competitiveness issues of no later than 90 days from the issuance [FR Doc. 2015–18618 Filed 7–28–15; 8:45 am] manufacturing companies, services of the preliminary results.10 BILLING CODE 3510–DS–P companies, small businesses, health It is the Department’s usual practice, care providers, and educational in cases involving non-market institutions. Members are also chosen economies, to require that a company DEPARTMENT OF COMMERCE who have broad experience in for-profit seeking to establish eligibility for an and nonprofit areas. The purpose of this National Institute of Standards and meeting is to review the results of concurrently with this notice; Memorandum to the Technology tkelley on DSK3SPTVN1PROD with NOTICES File entitled, ‘‘Initiation of Antidumping New examiners’ scoring of written Shipper Review of Multilayered Wood Flooring applications. Panel members will vote from the People’s Republic of China: Huzhou Judges Panel of the Malcolm Baldrige on which applicants merit site visits by Muyun Wood Co., Ltd.’’ (‘‘Muyun Initiation National Quality Award Checklist’’) dated concurrently with this notice. examiners to verify the accuracy of 9 See Zhangshi Initiation Checklist; see also AGENCY: National Institute of Standards quality improvements claimed by Muyun Initiation Checklist. and Technology, Department of applicants. The meeting is closed to the 10 See section 751(a)(2)(B)(iv) of the Act. Commerce. public in order to protect the VerDate Sep<11>2014 17:33 Jul 28, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\29JYN1.SGM 29JYN1


Document Created: 2015-12-15 13:05:43
Document Modified: 2015-12-15 13:05:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactMaisha Cryor or Robert Galantucci, AD/ CVD Operations, Office 4, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-5831 or 202-482-2923, respectively.
FR Citation80 FR 45192 
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