81 FR 46050 - Certain Pasta From Turkey: Preliminary Rescission of Antidumping Duty New Shipper Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 136 (July 15, 2016)
International Trade Administration
Federal Register Volume 81, Issue 136 (July 15, 2016)
| Page Range | 46050-46051 | |
| FR Document | 2016-16694 |
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)] [Notices] [Pages 46050-46051] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16694] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-489-805] Certain Pasta From Turkey: Preliminary Rescission of Antidumping Duty New Shipper Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting a new shipper review (NSR) of the antidumping duty order on certain pasta (pasta) from Turkey. The NSR covers one exporter and producer of subject merchandise, Durum Gida Sanayi ve Ticaret A.S. (Durum). The period of review (POR) is July 1, 2014 through June 30, 2015. The Department preliminarily determines that Durum did not make a bona fide sale during the POR; therefore, we are preliminarily rescinding this NSR. Interested parties are invited to comment on the preliminary results of this review. DATES: Effective July 15, 2016. FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2924 and (202) 482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On September 2, 2015, the Department published a notice of initiation of a new shipper review of the antidumping duty order on pasta from Turkey.\1\ The Department subsequently issued initial and supplemental questionnaires to Durum, and received timely responses thereto. --------------------------------------------------------------------------- \1\ See Certain Pasta From Turkey: Initiation of Antidumping Duty New Shipper Review, 80 FR 53112 (September 2, 2015) (Initiation Notice). --------------------------------------------------------------------------- The Department has exercised its discretion to toll all administrative deadlines due to the closure of the Federal Government because of Snowstorm ``Jonas.'' Thus, all of the deadlines in this segment of the proceeding were extended by four business days. The revised deadline for the preliminary results of this review, after the four business-day extension, was February 29, 2016.\2\ However, on February 29, 2016, the Department extended the time period for issuing the preliminary results of this NSR by 106 days, until June 14, 2016.\3\ We extended it again by 14 days on June 8, 2016, until June 28, 2016.\4\ --------------------------------------------------------------------------- \2\ See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines as a Result of the Government Closure during Snowstorm Jonas,'' dated January 27, 2016. \3\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Pasta from Turkey: Extension of Deadline for Preliminary Results of Antidumping Duty New Shipper Review,'' dated February 29, 2016. \4\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Pasta from Turkey: Extension of Deadline for Preliminary Results of Antidumping Duty New Shipper Review,'' dated June 8, 2016. --------------------------------------------------------------------------- Scope of the Order Imports covered by this review are shipments of certain non-egg dry pasta in packages of five pounds (2.27 kilograms) or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastases, vitamins, coloring and flavorings, and up to two percent egg white. For a full description of the scope of the order, see the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Certain Pasta from Turkey: Preliminary Results of New Shipper Review'' (Preliminary Decision Memorandum), which is dated concurrently with this notice, and is hereby incorporated by reference.\5\ --------------------------------------------------------------------------- \5\ A list of the topics discussed in the Preliminary Decision Memorandum appears in Appendix I of this notice. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. The Preliminary 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). ACCESS is available to registered users at http://access.trade.gov and is available in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Preliminary Rescission of the Antidumping New Shipper Review of Durum As discussed in the Bona Fide Sales Analysis Memorandum,\6\ the Department preliminarily finds that the sale made by Durum serving as the basis for this review is not a bona fide sale. The Department reached this conclusion based on the totality of the circumstances surrounding the reported sale, including the sales price, the number of sales that Durum reported, the importer's inability to prove that it had received payment from its U.S. customers, and the fact that the record fails to establish that the U.S. importer realized a profit on its re-sale of the subject merchandise. --------------------------------------------------------------------------- \6\ See Memorandum from Fred Baker, International Trade Analyst, Office VI AD/CVD Operations, to Scot Fullerton, Director, Office VI, AD/CVD Operations entitled ``2014-2015 Antidumping Duty New Shipper Review of Certain Pasta From Turkey: Preliminary Bona Fide Sales Analysis for Durum Gida Sanayi ve Ticaret A.S.,'' (Bona Fide Sales Analysis Memorandum) dated concurrently with and hereby adopted by this notice. --------------------------------------------------------------------------- Because the non-bona fide sale was the only reported sale of subject merchandise during the POR, we find there are no reviewable transactions during this new shipper period of review. Accordingly, we are preliminarily rescinding this NSR.\7\ Because the factual information used in our bona fides analysis of Durum's sale involves business proprietary information, for a full discussion of the basis for our preliminary determination see the Bona Fide Sales Analysis Memorandum. --------------------------------------------------------------------------- \7\ See 19 CFR 351.213(d)(3). --------------------------------------------------------------------------- Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of the preliminary results of review.\8\ Rebuttals to case [[Page 46051]] briefs may be filed no later than five days after the briefs are filed. All rebuttal comments must be limited to comments raised in the case briefs.\9\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.309(c). \9\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement & Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.\10\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Oral argument presentations will be limited to issues raised in the briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.\11\ Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \10\ See 19 CFR 351.310(c). \11\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- All submissions, with limited exceptions, must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022, and stamped with the date and time of receipt by 5 p.m. ET on the due date.\12\ --------------------------------------------------------------------------- \12\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- The Department intends to issue the final results of this NSR, which will include the results of its analysis of issues raised in any briefs received, no later than 90 days after the date these preliminary results of review are issued pursuant to section 751(a)(2)(B) of the Act. Assessment Rates If the Department proceeds to a final rescission of Durum's NSR, the assessment rate to which Durum's shipments will be subject will not be affected by this review. If the Department does not proceed to a final rescission of this new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer- specific) assessment rates based on the final results of this review. Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this NSR, the Department will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of Durum's subject merchandise. If the Department proceeds to a final rescission of this NSR, Durum's cash deposit rate will continue to be the all-others rate. If the Department issues final results for this NSR, the Department will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: June 28, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Sections in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology 5. Conclusion [FR Doc. 2016-16694 Filed 7-14-16; 8:45 am] BILLING CODE 3510-DS-P
![46050 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices
This amended preliminary deadlines due to the closure of the Decision Memorandum is a public
determination is issued and published Federal Government because of document and is on file electronically
in accordance with sections 733(f) and Snowstorm ‘‘Jonas.’’ Thus, all of the via Enforcement and Compliance’s
777(i)(1) of the Act and 19 CFR deadlines in this segment of the Antidumping and Countervailing Duty
351.224(e). proceeding were extended by four Centralized Electronic Service System
Dated: July 6, 2016. business days. The revised deadline for (ACCESS). ACCESS is available to
the preliminary results of this review, registered users at http://
Ronald K. Lorentzen,
after the four business-day extension, access.trade.gov and is available in the
Acting Assistant Secretary for Enforcement
was February 29, 2016.2 However, on Central Records Unit, Room B8024 of
and Compliance.
February 29, 2016, the Department the main Department of Commerce
[FR Doc. 2016–16806 Filed 7–14–16; 8:45 am]
extended the time period for issuing the building. In addition, a complete
BILLING CODE 3510–DS–P preliminary results of this NSR by 106 version of the Preliminary Decision
days, until June 14, 2016.3 We extended Memorandum can be accessed directly
it again by 14 days on June 8, 2016, at http://enforcement.trade.gov/frn/.
DEPARTMENT OF COMMERCE until June 28, 2016.4 The signed Preliminary Decision
International Trade Administration Memorandum and the electronic
Scope of the Order
version of the Preliminary Decision
[A–489–805] Imports covered by this review are Memorandum are identical in content.
shipments of certain non-egg dry pasta
Certain Pasta From Turkey: in packages of five pounds (2.27 Preliminary Rescission of the
Preliminary Rescission of Antidumping kilograms) or less, whether or not Antidumping New Shipper Review of
Duty New Shipper Review enriched or fortified or containing milk Durum
AGENCY: Enforcement and Compliance, or other optional ingredients such as As discussed in the Bona Fide Sales
International Trade Administration, chopped vegetables, vegetable purees, Analysis Memorandum,6 the
Department of Commerce. milk, gluten, diastases, vitamins, Department preliminarily finds that the
coloring and flavorings, and up to two sale made by Durum serving as the basis
SUMMARY: The Department of Commerce
percent egg white. for this review is not a bona fide sale.
(the Department) is conducting a new For a full description of the scope of The Department reached this conclusion
shipper review (NSR) of the the order, see the memorandum from based on the totality of the
antidumping duty order on certain pasta Christian Marsh, Deputy Assistant circumstances surrounding the reported
(pasta) from Turkey. The NSR covers Secretary for Antidumping and sale, including the sales price, the
one exporter and producer of subject Countervailing Duty Operations, to Paul number of sales that Durum reported,
merchandise, Durum Gida Sanayi ve Piquado, Assistant Secretary for the importer’s inability to prove that it
Ticaret A.S. (Durum). The period of Enforcement and Compliance, had received payment from its U.S.
review (POR) is July 1, 2014 through ‘‘Decision Memorandum for Certain customers, and the fact that the record
June 30, 2015. The Department Pasta from Turkey: Preliminary Results fails to establish that the U.S. importer
preliminarily determines that Durum of New Shipper Review’’ (Preliminary realized a profit on its re-sale of the
did not make a bona fide sale during the Decision Memorandum), which is dated subject merchandise.
POR; therefore, we are preliminarily concurrently with this notice, and is Because the non-bona fide sale was
rescinding this NSR. Interested parties hereby incorporated by reference.5 the only reported sale of subject
are invited to comment on the merchandise during the POR, we find
preliminary results of this review. Methodology
there are no reviewable transactions
DATES: Effective July 15, 2016. The Department is conducting this during this new shipper period of
FOR FURTHER INFORMATION CONTACT: Fred review in accordance with section review. Accordingly, we are
Baker or Robert James, AD/CVD 751(a)(2)(B) of the Tariff Act of 1930, as preliminarily rescinding this NSR.7
Operations, Office VI, Enforcement and amended (the Act) and 19 CFR 351.214. Because the factual information used in
Compliance, International Trade For a full description of the our bona fides analysis of Durum’s sale
Administration, Department of methodology underlying our involves business proprietary
Commerce, 1401 Constitution Avenue conclusions, see the Preliminary information, for a full discussion of the
NW., Washington, DC 20230; telephone: Decision Memorandum, which is hereby basis for our preliminary determination
(202) 482–2924 and (202) 482–0649, adopted by this notice. The Preliminary see the Bona Fide Sales Analysis
respectively. 2 See Memorandum to the Record from Ron
Memorandum.
SUPPLEMENTARY INFORMATION: Lorentzen, Acting Assistant Secretary for Public Comment
Enforcement & Compliance, regarding ‘‘Tolling of
Background Administrative Deadlines as a Result of the Interested parties may submit case
On September 2, 2015, the
Government Closure during Snowstorm Jonas,’’ briefs no later than 30 days after the
dated January 27, 2016. date of publication of the preliminary
Department published a notice of 3 See Memorandum to Christian Marsh, Deputy
initiation of a new shipper review of the Assistant Secretary for Antidumping and
results of review.8 Rebuttals to case
antidumping duty order on pasta from Countervailing Duty Operations, ‘‘Certain Pasta
6 See Memorandum from Fred Baker,
from Turkey: Extension of Deadline for Preliminary
Turkey.1 The Department subsequently Results of Antidumping Duty New Shipper International Trade Analyst, Office VI AD/CVD
issued initial and supplemental Review,’’ dated February 29, 2016. Operations, to Scot Fullerton, Director, Office VI,
sradovich on DSK3GMQ082PROD with NOTICES
questionnaires to Durum, and received 4 See Memorandum to Christian Marsh, Deputy AD/CVD Operations entitled ‘‘2014–2015
timely responses thereto. Assistant Secretary for Antidumping and Antidumping Duty New Shipper Review of Certain
Countervailing Duty Operations, ‘‘Certain Pasta Pasta From Turkey: Preliminary Bona Fide Sales
The Department has exercised its from Turkey: Extension of Deadline for Preliminary Analysis for Durum Gida Sanayi ve Ticaret A.S.,’’
discretion to toll all administrative Results of Antidumping Duty New Shipper (Bona Fide Sales Analysis Memorandum) dated
Review,’’ dated June 8, 2016. concurrently with and hereby adopted by this
1 See Certain Pasta From Turkey: Initiation of 5 A list of the topics discussed in the Preliminary notice.
7 See 19 CFR 351.213(d)(3).
Antidumping Duty New Shipper Review, 80 FR Decision Memorandum appears in Appendix I of
53112 (September 2, 2015) (Initiation Notice). this notice. 8 See 19 CFR 351.309(c).
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![Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices 46051
briefs may be filed no later than five Cash Deposit Requirements Trade (CIT) entered its final judgment in
days after the briefs are filed. All Effective upon publication of the final Deacero III,1 sustaining the Department
rebuttal comments must be limited to rescission or the final results of this of Commerce’s (the Department)
comments raised in the case briefs.9 NSR, the Department will instruct CBP negative circumvention determination
Interested parties who wish to request to discontinue the option of posting a from the First Remand Results as it
a hearing must submit a written request bond or security in lieu of a cash relates to the antidumping duty order on
to the Assistant Secretary for deposit for entries of Durum’s subject carbon and certain alloy steel wire rod
Enforcement & Compliance, U.S. merchandise. If the Department from Mexico.2 Consistent with the
Department of Commerce, within 30 proceeds to a final rescission of this decision of the United States Court of
days after the date of publication of this NSR, Durum’s cash deposit rate will Appeals for the Federal Circuit (Federal
notice.10 Requests should contain the continue to be the all-others rate. If the Circuit) in Timken,3 as clarified by
party’s name, address, and telephone Department issues final results for this Diamond Sawblades,4 the Department
number, the number of participants, and NSR, the Department will instruct CBP issued the Amended Final
a list of the issues to be discussed. Oral to collect cash deposits, effective upon Determination 5 notifying the public that
argument presentations will be limited the publication of the final results, at the final judgment of the CIT in this
to issues raised in the briefs. If a request the rates established therein. case was not in harmony with the
for a hearing is made, the Department Department’s finding in the Final
Notification to Importers Determination.6 In the Amended Final
intends to hold the hearing at the U.S.
This notice also serves as a Determination, the Department found,
Department of Commerce, 14th Street
preliminary reminder to importers of under protest, that, pursuant to section
and Constitution Avenue NW.,
their responsibility under 19 CFR 781(c) of the Tariff Act of 1930, as
Washington, DC 20230, at a date and
351.402(f)(2) to file a certificate amended (the Act) and 19 CFR 351.225,
time to be determined.11 Parties should
regarding the reimbursement of Deacero’s entries of wire rod with an
confirm by telephone the date, time, and
antidumping duties prior to liquidation actual diameter of 4.75 millimeters
location of the hearing two days before
of the relevant entries during this (mm) to 5.00 mm (also referred to in this
the scheduled date.
review period. Failure to comply with notice as small diameter wire rod) did
All submissions, with limited this requirement could result in the not constitute circumvention of the
exceptions, must be filed electronically Department’s presumption that Order. On April 5, 2016, the Federal
using ACCESS. An electronically filed reimbursement of antidumping duties Circuit reversed the CIT’s holding in
document must be received successfully occurred and the subsequent assessment Deacero III.7 In its holding, the Federal
in its entirety by the Department’s of double antidumping duties. Circuit reinstated the Department’s
electronic records system, ACCESS, by We are issuing and publishing these original finding from the Final
5 p.m. Eastern Time (ET) on the due results in accordance with sections Determination that Deacero’s shipments
date. Documents excepted from the 751(a)(2)(B) and 777(i)(1) of the Act. of small diameter wire rod to the United
electronic submission requirements States constitute a minor alteration
Dated: June 28, 2016.
must be filed manually (i.e., in paper circumvention of the Order.8
form) with the APO/Dockets Unit in Paul Piquado,
DATES: Effective April 15, 2016.
Room 18022, and stamped with the date Assistant Secretary for Enforcement and
Compliance. FOR FURTHER INFORMATION CONTACT: Eric
and time of receipt by 5 p.m. ET on the B. Greynolds, or James Terpstra. AD/
due date.12 Appendix I
The Department intends to issue the 1 See Deacero S.A.P.I. de C.V. and Deacero USA,
final results of this NSR, which will List of Sections in the Preliminary Decision Inc. v. United States and Arcelormittal USA LLC,
Memorandum Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain
include the results of its analysis of Steel, and Nucor Corporation, Court No. 12–00345,
issues raised in any briefs received, no 1. Summary Slip Op. 14–151 (December 22, 2014) (Deacero III).
later than 90 days after the date these 2. Background 2 See Final Results of Redetermination Pursuant
3. Scope of the Order to Deacero S.A. de C.V. and Deacero USA Inc. v.
preliminary results of review are issued 4. Discussion of the Methodology United States and Arcelormittal USA LLC, Gerdau
pursuant to section 751(a)(2)(B) of the 5. Conclusion Ameristeel U.S. Inc., Evraz Rocky Mountain Steel,
Act. and Nucor Corporation, Court No. 12–00345; Slip
[FR Doc. 2016–16694 Filed 7–14–16; 8:45 am] Op. 13–126 (CIT 2013) (January 29, 2014) (First
Assessment Rates BILLING CODE 3510–DS–P Remand Results); Notice of Antidumping Duty
Orders: Carbon and Certain Alloy Steel Wire Rod
If the Department proceeds to a final from Brazil, Indonesia, Mexico, Moldova, Trinidad
rescission of Durum’s NSR, the and Tobago, and Ukraine, 67 FR 65945 (October 29,
assessment rate to which Durum’s DEPARTMENT OF COMMERCE 2002) (Order).
3 See Timken Co. v. United States, 893 F.2d 337
shipments will be subject will not be International Trade Administration (Fed. Cir. 1990) (Timken).
affected by this review. If the 4 See Diamond Sawblades Mfrs. Coalition v.
Department does not proceed to a final [A–201–830] United States, 626 F.3d 1374 (Fed. Cir. 2010)
rescission of this new shipper review, (Diamond Sawblades).
pursuant to 19 CFR 351.212(b)(1), we Carbon and Certain Alloy Steel Wire 5 See Carbon and Certain Alloy Steel Wire Rod
Rod From Mexico: Notice of Court From Mexico: Notice of Court Decision Not in
will calculate importer-specific (or Harmony With Final Results and Notice of
customer-specific) assessment rates Decision Not in Harmony With Amended Final Determination, 80 FR 44326 (July
based on the final results of this review. Amended Final Determination and 27, 2015) (Amended Final Determination).
sradovich on DSK3GMQ082PROD with NOTICES
Notice of Second Amended Final 6 See Carbon and Certain Alloy Steel Wire Rod
9 See
Determination From Mexico: Affirmative Final Determination of
19 CFR 351.309(d). Circumvention of the Antidumping Duty Order, 77
10 See 19 CFR 351.310(c). AGENCY: Enforcement and Compliance, FR 59892 (October 1, 2012) (Final Determination)
11 See 19 CFR 351.310(d).
International Trade Administration, and accompanying Issues and Decision
12 See Antidumping and Countervailing Duty Memorandum (Final Decision Memorandum).
Department of Commerce. 7 See Deacero S.A.de C.V. v. United States, 817
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR SUMMARY: On December 22, 2014, the F.3d 1332 (Fed. Cir. 2016) (Deacero IV).
39263 (July 6, 2011). United States Court of International 8 Id. at 12.
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Document Created: 2016-07-15 02:53:19
Document Modified: 2016-07-15 02:53:19
| 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 | |
| Dates | Effective July 15, 2016. | |
| Contact | Fred Baker or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2924 and (202) 482-0649, respectively. | |
| FR Citation | 81 FR 46050 |
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