80_FR_70158 80 FR 69940 - Certain Steel Grating From the People's Republic of China: Continuation of the Antidumping Duty Order and Countervailing Duty Order

80 FR 69940 - Certain Steel Grating From the People's Republic of China: Continuation of the Antidumping Duty Order and Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 218 (November 12, 2015)

Page Range69940-69941
FR Document2015-28755

The Department of Commerce (the Department) and the International Trade Commission (the ITC) have determined that revocation of the antidumping duty (AD) order on certain steel grating (steel grating) from the People's Republic of China (PRC) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States. The Department and the ITC have also determined that revocation of the countervailing duty (CVD) order on steel grating from the PRC would likely lead to continuation or recurrence of net countervailable subsidies and material injury to an industry in the United States. Therefore, the Department is publishing a notice of continuation for these AD and CVD orders.

Federal Register, Volume 80 Issue 218 (Thursday, November 12, 2015)
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 69940-69941]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28755]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-947; C-570-948]


Certain Steel Grating From the People's Republic of China: 
Continuation of the Antidumping Duty Order and Countervailing Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) and the 
International Trade Commission (the ITC) have determined that 
revocation of the antidumping duty (AD) order on certain steel grating 
(steel grating) from the People's Republic of China (PRC) would likely 
lead to continuation or recurrence of dumping and material injury to an 
industry in the United States. The Department and the ITC have also 
determined that revocation of the countervailing duty (CVD) order on 
steel grating from the PRC would likely lead to continuation or 
recurrence of net countervailable subsidies and material injury to an 
industry in the United States. Therefore, the Department is publishing 
a notice of continuation for these AD and CVD orders.

DATES: Effective Date: November 12, 2015.

FOR FURTHER INFORMATION CONTACT: Erin Kearney (AD Order), AD/CVD 
Operations, Office IV, or Toni Page (CVD Order), AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0167 or (202) 482-1398, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2015, the Department initiated \1\ and the ITC 
instituted \2\ five-year (sunset) reviews of the AD and CVD orders on 
steel grating from the PRC,\3\ pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). As a result of its reviews, the 
Department determined that revocation of the AD order would likely lead 
to continuation or recurrence of dumping and that revocation of the CVD 
order would likely lead to continuation or recurrence of net 
countervailable subsidies. Therefore, the Department notified the ITC 
of the magnitude of the margins and the subsidy rates likely to prevail 
should the orders be revoked, pursuant to sections 751(c)(1) and 752(b) 
and (c) of the Act.\4\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 31012 
(June 1, 2015).
    \2\ See Certain Steel Grating From China; Institution of Five-
Year Reviews, 80 FR 31071 (June 1, 2015).
    \3\ See Certain Steel Grating from the People's Republic of 
China: Antidumping Duty Order, 75 FR 43143 (July 23, 2010); and 
Certain Steel Grating from the People's Republic of China: 
Countervailing Duty Order, 75 FR 43144 (July 23, 2010).
    \4\ See Certain Steel Grating From the People's Republic of 
China: Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Order, 80 FR 60119 (October 5, 2015), and Certain 
Steel Grating From the People's Republic of China: Final Results of 
Expedited First Sunset Review of the Countervailing Duty Order, 80 
FR 60120 (October 5, 2015).
---------------------------------------------------------------------------

    On November 4, 2015, the ITC published its determination that 
revocation of the AD and CVD orders on steel grating from the PRC would 
likely lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time, 
pursuant to section 751(c) of the Act.\5\
---------------------------------------------------------------------------

    \5\ See Certain Steel Grating From the People's Republic of 
China, 80 FR 68334 (November 4, 2015).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by these orders are certain steel grating, 
consisting of two or more pieces of steel, including load-bearing 
pieces and cross pieces, joined by any assembly process, regardless of: 
(1) Size or shape; (2) method of manufacture; (3) metallurgy (carbon, 
alloy, or stainless); (4) the profile of the bars; and (5) whether or 
not they are galvanized, painted, coated, clad or plated. Steel grating 
is also commonly referred to as ``bar grating,'' although the 
components may consist of steel other than bars, such as hot-rolled 
sheet, plate, or wire rod.
    The scope of the orders excludes expanded metal grating, which is 
comprised of a single piece or coil of sheet or thin plate steel that 
has been slit and expanded, and does not involve welding or joining of 
multiple pieces of steel. The scope of the orders also excludes plank 
type safety grating which is comprised of a single piece or coil of 
sheet or thin plate steel, typically in thickness of 10 to 18 gauge, 
that has been pierced and cold formed, and does not involve welding or 
joining of multiple pieces of steel.
    Certain steel grating that is the subject of the orders is 
currently classifiable in the Harmonized Tariff Schedule of the United 
States (HTSUS) under subheading 7308.90.7000. While the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the scope of the orders is dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, and revocation of the CVD order would likely lead to 
continuation or recurrence of countervailable subsidies and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby 
orders the continuation of the AD and CVD orders on steel grating from 
the PRC. U.S. Customs and Border Protection will continue to collect AD 
and CVD cash deposits at the rates in effect at the time of entry for 
all imports of subject merchandise.
    The effective date of the continuation of the AD and CVD orders 
will be the date of publication in the Federal Register of this notice 
of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), the Department intends to initiate the next five-year 
review of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of this continuation notice.
    These five-year sunset reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).


[[Page 69941]]


    Dated: November 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28755 Filed 11-10-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  69940                     Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices

                                                    Comment 2: Application of the PRC-Wide                Operations, Office IV, or Toni Page                        profile of the bars; and (5) whether or
                                                       Rate to Gem-Year and Not Granting a                (CVD Order), AD/CVD Operations,                            not they are galvanized, painted, coated,
                                                       Separate Rate                                      Office VII, Enforcement and                                clad or plated. Steel grating is also
                                                    Comment 3: Opportunity To Submit                      Compliance, International Trade                            commonly referred to as ‘‘bar grating,’’
                                                       Information on Corroborating PRC-Wide
                                                       Rate
                                                                                                          Administration, U.S. Department of                         although the components may consist of
                                                    Comment 4: Application of Total AFA to                Commerce, 14th Street and Constitution                     steel other than bars, such as hot-rolled
                                                       the RMB/IFI Group                                  Avenue NW., Washington, DC 20230;                          sheet, plate, or wire rod.
                                                    Comment 5: Application of the PRC-Wide                telephone: (202) 482–0167 or (202) 482–                       The scope of the orders excludes
                                                       Rate to the RMB/IFI Group and Not                  1398, respectively.                                        expanded metal grating, which is
                                                       Granting a Separate Rate                           SUPPLEMENTARY INFORMATION:                                 comprised of a single piece or coil of
                                                    Comment 6: Selection of Surrogate Country                                                                        sheet or thin plate steel that has been
                                                    Comment 7: Surrogate Value for Steel Wire             Background                                                 slit and expanded, and does not involve
                                                       Rod and Round Bar                                                                                             welding or joining of multiple pieces of
                                                                                                            On June 1, 2015, the Department
                                                    Comment 8: Surrogate Value for Labor                                                                             steel. The scope of the orders also
                                                    Comment 9: Surrogate Financial Ratios                 initiated 1 and the ITC instituted 2 five-
                                                                                                          year (sunset) reviews of the AD and                        excludes plank type safety grating
                                                  VI. Conclusion
                                                                                                          CVD orders on steel grating from the                       which is comprised of a single piece or
                                                  Appendix II—Companies Subject to the                    PRC,3 pursuant to section 751(c) of the                    coil of sheet or thin plate steel, typically
                                                  Administrative Review That Are Part of                  Tariff Act of 1930, as amended (the Act).                  in thickness of 10 to 18 gauge, that has
                                                  the PRC-Wide Entity                                     As a result of its reviews, the                            been pierced and cold formed, and does
                                                                                                          Department determined that revocation                      not involve welding or joining of
                                                  Fastco (Shanghai) Trading Co., Ltd.
                                                  Gem-Year Industrial Co., Ltd.                           of the AD order would likely lead to                       multiple pieces of steel.
                                                  Haiyan Dayu Fasteners Co., Ltd.                         continuation or recurrence of dumping                         Certain steel grating that is the subject
                                                  Jiaxing Brother Standard Part.                          and that revocation of the CVD order                       of the orders is currently classifiable in
                                                  Midas Union Co., Ltd.                                   would likely lead to continuation or                       the Harmonized Tariff Schedule of the
                                                  New Pole Power System Co. Ltd.                          recurrence of net countervailable                          United States (HTSUS) under
                                                  Shanghai P&J International Trading Co., Ltd.
                                                                                                          subsidies. Therefore, the Department                       subheading 7308.90.7000. While the
                                                  Zhejiang Morgan Brother Technology Co.                                                                             HTSUS subheading is provided for
                                                       Ltd.                                               notified the ITC of the magnitude of the
                                                                                                          margins and the subsidy rates likely to                    convenience and customs purposes, the
                                                  [FR Doc. 2015–28751 Filed 11–10–15; 8:45 am]                                                                       written description of the scope of the
                                                                                                          prevail should the orders be revoked,
                                                  BILLING CODE 3510–DS–P
                                                                                                          pursuant to sections 751(c)(1) and                         orders is dispositive.
                                                                                                          752(b) and (c) of the Act.4                                Continuation of the Orders
                                                  DEPARTMENT OF COMMERCE                                    On November 4, 2015, the ITC                                As a result of the determinations by
                                                                                                          published its determination that                           the Department and the ITC that
                                                  International Trade Administration                      revocation of the AD and CVD orders on                     revocation of the AD order would likely
                                                                                                          steel grating from the PRC would likely                    lead to a continuation or recurrence of
                                                  [A–570–947; C–570–948]
                                                                                                          lead to continuation or recurrence of                      dumping and material injury to an
                                                  Certain Steel Grating From the                          material injury to an industry in the                      industry in the United States, and
                                                  People’s Republic of China:                             United States within a reasonably                          revocation of the CVD order would
                                                  Continuation of the Antidumping Duty                    foreseeable time, pursuant to section                      likely lead to continuation or recurrence
                                                  Order and Countervailing Duty Order                     751(c) of the Act.5                                        of countervailable subsidies and
                                                  AGENCY:   Enforcement and Compliance,                   Scope of the Orders                                        material injury to an industry in the
                                                  International Trade Administration,                                                                                United States, pursuant to section
                                                                                                            The products covered by these orders
                                                  Department of Commerce.                                                                                            751(d)(2) of the Act and 19 CFR
                                                                                                          are certain steel grating, consisting of
                                                  SUMMARY: The Department of Commerce
                                                                                                                                                                     351.218(a), the Department hereby
                                                                                                          two or more pieces of steel, including
                                                  (the Department) and the International                                                                             orders the continuation of the AD and
                                                                                                          load-bearing pieces and cross pieces,
                                                  Trade Commission (the ITC) have                                                                                    CVD orders on steel grating from the
                                                                                                          joined by any assembly process,
                                                  determined that revocation of the                                                                                  PRC. U.S. Customs and Border
                                                                                                          regardless of: (1) Size or shape; (2)
                                                  antidumping duty (AD) order on certain                                                                             Protection will continue to collect AD
                                                                                                          method of manufacture; (3) metallurgy
                                                  steel grating (steel grating) from the                                                                             and CVD cash deposits at the rates in
                                                                                                          (carbon, alloy, or stainless); (4) the
                                                  People’s Republic of China (PRC) would                                                                             effect at the time of entry for all imports
                                                  likely lead to continuation or recurrence                  1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
                                                                                                                                                                     of subject merchandise.
                                                                                                                                                                        The effective date of the continuation
                                                  of dumping and material injury to an                    FR 31012 (June 1, 2015).
                                                                                                             2 See Certain Steel Grating From China;                 of the AD and CVD orders will be the
                                                  industry in the United States. The
                                                                                                          Institution of Five-Year Reviews, 80 FR 31071 (June        date of publication in the Federal
                                                  Department and the ITC have also                        1, 2015).                                                  Register of this notice of continuation.
                                                  determined that revocation of the                          3 See Certain Steel Grating from the People's
                                                                                                                                                                     Pursuant to section 751(c)(2) of the Act
                                                  countervailing duty (CVD) order on steel                Republic of China: Antidumping Duty Order, 75 FR
                                                                                                                                                                     and 19 CFR 351.218(c)(2), the
                                                  grating from the PRC would likely lead                  43143 (July 23, 2010); and Certain Steel Grating
                                                                                                          from the People's Republic of China: Countervailing        Department intends to initiate the next
                                                  to continuation or recurrence of net
                                                                                                          Duty Order, 75 FR 43144 (July 23, 2010).                   five-year review of these orders not later
                                                  countervailable subsidies and material                     4 See Certain Steel Grating From the People's
                                                                                                                                                                     than 30 days prior to the fifth
                                                  injury to an industry in the United                     Republic of China: Final Results of the Expedited
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                     anniversary of the effective date of this
                                                  States. Therefore, the Department is                    First Sunset Review of the Antidumping Duty Order,
                                                                                                          80 FR 60119 (October 5, 2015), and Certain Steel           continuation notice.
                                                  publishing a notice of continuation for
                                                                                                          Grating From the People's Republic of China: Final            These five-year sunset reviews and
                                                  these AD and CVD orders.                                Results of Expedited First Sunset Review of the            this notice are in accordance with
                                                  DATES: Effective Date: November 12,                     Countervailing Duty Order, 80 FR 60120 (October            sections 751(c) and 751(d)(2) of the Act
                                                  2015.                                                   5, 2015).
                                                                                                             5 See Certain Steel Grating From the People's           and published pursuant to section
                                                  FOR FURTHER INFORMATION CONTACT: Erin                   Republic of China, 80 FR 68334 (November 4,                777(i)(1) of the Act and 19 CFR
                                                  Kearney (AD Order), AD/CVD                              2015).                                                     351.218(f)(4).


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                                                                            Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices                                                                69941

                                                    Dated: November 5, 2015.                              any interested party. We did not receive                include certain sales in our analysis that
                                                  Paul Piquado,                                           a hearing request.                                      were inadvertently omitted in the
                                                  Assistant Secretary for Enforcement and                                                                         Preliminary Results.5
                                                                                                          Scope of the Order
                                                  Compliance.
                                                                                                            The scope of this order covers certain                Final Results of Review
                                                  [FR Doc. 2015–28755 Filed 11–10–15; 8:45 am]
                                                  BILLING CODE 3510–DS–P
                                                                                                          welded carbon-quality light-walled steel                  The weighted-average dumping
                                                                                                          pipe and tube, of rectangular (including                margin for the period August 1, 2013,
                                                                                                          square) cross section, having a wall                    through July 31, 2014, is as follows:
                                                  DEPARTMENT OF COMMERCE                                  thickness of less than 4 mm. The
                                                                                                          welded carbon-quality rectangular pipe                                                                      Weighted-
                                                                                                                                                                                                                       average
                                                  International Trade Administration                      and tube subject to the order is currently                      Manufacturer/exporter                         margin
                                                                                                          classified under the Harmonized Tariff                                                                      (percent)
                                                  [A–201–836]
                                                                                                          Schedule of the United States (HTSUS)
                                                                                                          subheadings 7306.61.50.00 and                           Perfiles ........................................     0.00
                                                  Light-Walled Rectangular Pipe and
                                                  Tube from Mexico: Final Results of                      7306.61.70.60. The merchandise subject
                                                  Antidumping Duty Administrative                         to the order is currently classified in the             Duty Assessment
                                                  Review; 2013–2014                                       Harmonized Tariff Schedule of the                          The Department will determine, and
                                                                                                          United States at subheadings                            U.S. Customs and Border Protection
                                                  AGENCY:  Enforcement and Compliance,                    8504.23.0040, 8504.23.0080 and                          (CBP) shall assess, antidumping duties
                                                  International Trade Administration,                     8504.90.9540.3                                          on all appropriate entries in this review,
                                                  Department of Commerce                                                                                          in accordance with 19 CFR 351.212(b).
                                                                                                          Analysis of Comments Received
                                                  SUMMARY: On July 8, 2015, the                                                                                   Because we have calculated a zero
                                                  Department of Commerce (the                                All issues raised in the case brief by               margin for Perfiles in the final results of
                                                  Department) published the preliminary                   Perfiles in this administrative review are              this review, we will instruct CBP to
                                                  results of the administrative review of                 addressed in the Issues and Decision                    liquidate the appropriate entries
                                                  the antidumping duty order on light-                    Memorandum.4 A list of the issues that                  without regard to antidumping duties.
                                                  walled rectangular pipe and tube from                   Perfiles raised and to which we                            The Department clarified its
                                                  Mexico.1 The review covers one                          responded is attached to this notice as                 ‘‘automatic assessment’’ regulation on
                                                  producer/exporter of the subject                        an Appendix. The Issues and Decision                    May 6, 2003.6 This clarification will
                                                  merchandise, Perfiles y Herrajes LM,                    Memorandum is a public document and                     apply to entries of subject merchandise
                                                  S.A. de C.V. (Perfiles). The period of                  is on-file electronically via ACCESS.                   during the POR produced by the
                                                  review (POR) is August 1, 2013, through                 ACCESS is available to registered users                 respondent for which it did not know its
                                                  July 31, 2014. As a result of our analysis              at http://access.trade.gov and in the                   merchandise was destined for the
                                                  of the comments received, these final                   Central Records Unit, Room B8024 of                     United States. In such instances, we will
                                                  results differ from the Preliminary                     the main Department of Commerce                         instruct CBP to liquidate unreviewed
                                                  Results. For the final weighted-average                 building. In addition, a complete                       entries at the all-others rate if there is no
                                                  dumping margins, see the ‘‘Final Results                version of the Issues and Decision                      rate for the intermediate company(ies)
                                                  of Review’’ section below.                              Memorandum can be accessed directly                     involved in the transaction. For a full
                                                  DATES: Effective Date: November 12,                     on the Internet at http://enforcement.                  discussion of this clarification, see the
                                                  2015.                                                   trade.gov/frn/index.html. The signed                    Automatic Assessment Clarification.
                                                                                                          Issues and Decision Memorandum and                         The Department intends to issue
                                                  FOR FURTHER INFORMATION CONTACT:                        the electronic version of the Issues and                assessment instructions directly to CBP
                                                  Brian Davis or Emily Maloof, AD/CVD                     Decision Memorandum are identical in                    41 days after publication of the final
                                                  Operations, Office VI, Enforcement and                  content.                                                results of this review.
                                                  Compliance, International Trade
                                                  Administration, U.S. Department of                      Changes Since the Preliminary Results                   Cash Deposit Requirements
                                                  Commerce, 14th Street and Constitution                    Based on a review of the record and                     The following cash deposit
                                                  Avenue NW., Washington, DC 20230;                       comments received from Perfiles                         requirements will be effective upon
                                                  telephone: (202) 482–7924 or (202) 482–                 regarding our Preliminary Results, we                   publication of this notice for all
                                                  5649, respectively.                                     recalculated Perfiles’ weighted-average                 shipments of subject merchandise
                                                  SUPPLEMENTARY INFORMATION:                              dumping margin for these final results.                 entered, or withdrawn from warehouse,
                                                                                                            In particular, we revised our                         for consumption on or after the
                                                  Background                                              comparison program to address certain                   publication of these final results, as
                                                    On July 8, 2015, the Department                       programming errors, including errors                    provided by section 751(a)(2) of the Act:
                                                  published the Preliminary Results. In                   related to discounts and rebates, and to                (1) The cash deposit rate for Perfiles
                                                  accordance with 19 CFR                                  account for certain insurance expenses.                 noted above will be the rate established
                                                  351.309(c)(1)(ii), we invited parties to                We also revised our margin program to                   in the final results of this administrative
                                                  comment on the Preliminary Results. On
                                                  August 7, 2015, Perfiles submitted a                      3 For a full description of the scope of the order,     5 See Memorandum from Emily Maloof to the

                                                  timely case brief.2 We received no                      see the Memorandum from Christian Marsh, Deputy         File, regarding ‘‘Analysis of Data Submitted by
                                                                                                          Assistant Secretary for Antidumping and                 Perfiles y Herrajes LM, S.A. de C.V. in the Final
                                                  additional case or rebuttal briefs from                 Countervailing Duty Operations, to Paul Piquado,        Results of the Administrative Review of the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Assistant Secretary for Enforcement and                 Antidumping Duty Order on Light-Walled
                                                    1 See Light-Walled Rectangular Pipe and Tube          Compliance, titled ‘‘Issues and Decision                Rectangular Pipe and Tube from Mexico; 2013–
                                                  from Mexico: Preliminary Results of Antidumping         Memorandum for the Final Results of the                 2014’’ (Perfiles Final Analysis Memorandum), dated
                                                  Duty Administrative Review; 2013±2014, 80 FR            Administrative Review of the Antidumping Duty           November 4, 2015 at section ‘‘Changes from the
                                                  39055 (July 8, 2015) (Preliminary Results).             Order on Light-Walled Rectangular Pipe and Tube         Preliminary Results,’’ for further information.
                                                    2 See Letter to the Department, ‘‘Light-Walled        from Mexico; 2013–2014’’ (Issues and Decision             6 See Antidumping and Countervailing Duty

                                                  Rectangular Pipe and Tube from Mexico for the           Memorandum), which is issued concurrent with            Proceedings: Assessment of Antidumping Duties, 68
                                                  2013–2014 Review Period—Case Brief of Perfiles y        and hereby adopted by this notice.                      FR 23954 (May 6, 2003) (Automatic Assessment
                                                  Herrajes LM, S.A. de C.V.’’, dated August 7, 2015.        4 Id.                                                 Clarification).



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Document Created: 2015-12-14 14:53:17
Document Modified: 2015-12-14 14:53:17
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
ContactErin Kearney (AD Order), AD/CVD Operations, Office IV, or Toni Page (CVD Order), AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0167 or (202) 482-1398, respectively.
FR Citation80 FR 69940 

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