81 FR 51186 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range		51186-51187
FR Document		2016-18336

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on polyethylene terephthalate film, sheet and strip (PET film) from India for the period of review (POR) January 1, 2014, through December 31, 2014. We preliminarily determine that Jindal Poly Films Limited of India (Jindal) and SRF Limited (SRF) received countervailable subsidies during the POR. See the ``Preliminary Results of Review'' section, below. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 149 (Wednesday, August 3, 2016)

[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51186-51187]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18336]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on 
polyethylene terephthalate film, sheet and strip (PET film) from India 
for the period of review (POR) January 1, 2014, through December 31, 
2014. We preliminarily determine that Jindal Poly Films Limited of 
India (Jindal) and SRF Limited (SRF) received countervailable subsidies 
during the POR. See the ``Preliminary Results of Review'' section, 
below. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective August 3, 2016.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, 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) 482-0197.

Partial Rescission of Administrative Review

    The Department initiated a review of nine companies in this segment 
of the proceeding.\1\ In response to timely filed withdrawal requests, 
we are rescinding this administrative review with respect to Ester, 
Garware, MTZ, Polyplex, Uflex Ltd., Vacmet, and Vacmet India Limited, 
pursuant to 19 CFR 351.213(d)(1). The remaining companies subject to 
the instant review are Jindal and SRF, which the Department has 
selected as the mandatory respondents.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 53106, 53109 (September 2, 2015) 
(Initiation Notice). The nine companies were Ester Industries 
Limited (Ester), Garware Polyester Ltd. (Garware), Jindal Poly Films 
Ltd. of India (Jindal), MTZ Polyesters Ltd. (MTZ), Polyplex 
Corporation Ltd. (Polyplex), SRF Limited (SRF), Vacmet, Vacmet India 
Limited and Uflex Ltd. DuPont Teijin Films, Mitsubishi Polyester 
Film, Inc., and SKC, Inc. (collectively Petitioners) requested a 
review for six companies (Ester, Garware, Polyplex, SRF, Jindal, and 
Vacmet). Polyplex USA LLC and Flex Films (USA) Inc. (collectively 
Domestic Interested Parties) requested a review for eight companies 
(Ester, Garware, Jindal, MTZ, Polyplex, SRF, Uflex Ltd., Vacmet and 
Vacmet India Limited). In addition, Jindal and SRF self-requested an 
administrative review.
    \2\ See Decision Memorandum for the Preliminary Results and 
Partial Rescission of the Countervailing Duty (CVD) Administrative 
Review of Polyethylene Terephthalate Film, Sheet, and Strip (PET 
film) from India; 2014'' (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    For purposes of the order, the products covered are all gauges of 
raw, pretreated, or primed polyethylene terephthalate film, sheet and 
strip, whether extruded or coextruded. Excluded are metallized films 
and other finished films that have had at least one of their surfaces 
modified by the application of a performance-enhancing resinous or 
inorganic layer of more than 0.00001 inches thick. Imports of PET film 
are classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
scope of the order is dispositive.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\3\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum, dated concurrently with, and hereby adopted by, this 
notice.
---------------------------------------------------------------------------

    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and

[[Page 51187]]

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 
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 on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of Review

    We preliminarily determine the total estimated net countervailable 
subsidy rates for the period January 1, 2014, through December 31, 2014 
to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
------------------------------------------------------------------------
Jindal Poly Films of India Limited......................            5.10
SRF Limited.............................................            2.16
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\4\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\5\ Rebuttal briefs must be limited to issues raised in the case 
briefs.\6\ Parties who submit case or rebuttal briefs are requested to 
submit with the argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\7\
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \6\ See 19 CFR 351.309(d)(2).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\8\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
we will inform parties of the scheduled date for the hearing which will 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined.\9\ Parties should confirm by telephone the date, 
time, and location of the hearing. Issues addressed at the hearing will 
be limited to those raised in the briefs.\10\ All briefs and hearing 
requests must be filed electronically and received successfully in 
their entirety through ACCESS by 5:00 p.m. Eastern Time on the due 
date.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310.
    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Assessment Rates and Cash Deposit Requirement

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of review.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties, in the amounts shown above for each of the 
respective companies shown above, on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed firms, we will instruct CBP to continue to collect cash 
deposits at the most-recent company-specific or all-others rate 
applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: July 27, 2016.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Partial Rescission of Administrative Review
4. Scope of the Order
5. Subsidies Valuation Information
6. Analysis of Programs
7. Recommendation

[FR Doc. 2016-18336 Filed 8-2-16; 8:45 am]
 BILLING CODE 3510-DS-P

51186 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices

Zhejiang Jingli meets the threshold Interested parties requiring access to withdrawal requests, we are rescinding
requirements for the initiation of an proprietary information in this NSR this administrative review with respect
NSR for shipments of TRBs from the should submit applications for to Ester, Garware, MTZ, Polyplex, Uflex
PRC by Zhejiang Jingli.8 If the disclosure under administrative Ltd., Vacmet, and Vacmet India Limited,
information supplied by Zhejiang Jingli protective order in accordance with 19 pursuant to 19 CFR 351.213(d)(1). The
cannot be verified, or is otherwise found CFR 351.305 and 351.306. This remaining companies subject to the
to be incorrect or insufficient during the initiation and notice are published in instant review are Jindal and SRF,
course of this proceeding, the accordance with section 751(a)(2)(B) of which the Department has selected as
Department may rescind the NSR or the Act and 19 CFR 351.214 and the mandatory respondents.2
apply facts available pursuant to section 351.221(c)(1)(i). Scope of the Order
776 of the Act, depending on the facts Dated: July 28, 2016.
on the record. For purposes of the order, the
Christian Marsh, products covered are all gauges of raw,
On February 24, 2016, the President
signed into law the ‘‘Trade Facilitation Deputy Assistant Secretary for Antidumping pretreated, or primed polyethylene
and Countervailing Duty Operations. terephthalate film, sheet and strip,
and Trade Enforcement Act of 2015,’’
H.R. 644, which made several [FR Doc. 2016–18402 Filed 8–2–16; 8:45 am] whether extruded or coextruded.
amendments to section 751(a)(2)(B) of BILLING CODE 3510–DS–P Excluded are metallized films and other
the Act. We will conduct this NSR in finished films that have had at least one
accordance with section 751(a)(2)(B) of of their surfaces modified by the
the Act, as amended by the Trade DEPARTMENT OF COMMERCE application of a performance-enhancing
Facilitation and Trade Enforcement Act resinous or inorganic layer of more than
International Trade Administration 0.00001 inches thick. Imports of PET
of 2015.9
The Department intends to issue the [C–533–825] film are classifiable in the Harmonized
preliminary results of this NSR no later Tariff Schedule of the United States
than 180 days from the date of Polyethylene Terephthalate Film, (HTSUS) under item number
initiation, and the final results within Sheet, and Strip From India: 3920.62.00.90. HTSUS subheadings are
90 days after the date on which the Preliminary Results and Partial provided for convenience and customs
preliminary results are issued, pursuant Rescission of Countervailing Duty purposes. The written description of the
to section 751(a)(2)(B)(iii) of the Act. Administrative Review; 2014 scope of the order is dispositive.
It is the Department’s usual practice, AGENCY: Enforcement and Compliance, Methodology
in cases involving non-market economy International Trade Administration,
countries, to require that a company The Department is conducting this
Department of Commerce. review in accordance with section
seeking to establish eligibility for an SUMMARY: The Department of Commerce
antidumping duty rate separate from the 751(a)(l)(A) of the Tariff Act of 1930, as
(the Department) is conducting an amended (the Act). For each of the
country-wide rate provide evidence of administrative review of the
de jure and de facto absence of subsidy programs found
countervailing duty (CVD) order on countervailable, we preliminarily
government control over the company’s polyethylene terephthalate film, sheet
export activities. Accordingly, we will determine that there is a subsidy, i.e., a
and strip (PET film) from India for the government-provided financial
issue a questionnaire to Zhejiang Jingli period of review (POR) January 1, 2014,
which will include a section requesting contribution that gives rise to a benefit
through December 31, 2014. We to the recipient, and that the subsidy is
information concerning its eligibility for preliminarily determine that Jindal Poly
a separate rate. The review will proceed specific.3 For a full description of the
Films Limited of India (Jindal) and SRF methodology underlying our
if the response provides sufficient Limited (SRF) received countervailable
indication that Zhejiang Jingli is not conclusions, see the Preliminary
subsidies during the POR. See the Decision Memorandum, dated
subject to either de jure or de facto ‘‘Preliminary Results of Review’’
government control with respect to its concurrently with, and hereby adopted
section, below. Interested parties are by, this notice.
exports of subject merchandise. invited to comment on these
To assist in its analysis of the bona The Preliminary Decision
preliminary results. Memorandum is a public document and
fides of Zhejiang Jingli’s sale pursuant
DATES: Effective August 3, 2016.
to section 751(a)(2)(B)(iv) of the Act,
FOR FURTHER INFORMATION CONTACT: Elfi Jindal Poly Films Ltd. of India (Jindal), MTZ
upon initiation of this NSR, the Polyesters Ltd. (MTZ), Polyplex Corporation Ltd.
Department will require Zhejiang Jingli Blum, AD/CVD Operations, Office VII, (Polyplex), SRF Limited (SRF), Vacmet, Vacmet
to submit on an ongoing basis complete Enforcement and Compliance, India Limited and Uflex Ltd. DuPont Teijin Films,
transaction information concerning any International Trade Administration, Mitsubishi Polyester Film, Inc., and SKC, Inc.
U.S. Department of Commerce, 14th (collectively Petitioners) requested a review for six
sales of subject merchandise to the companies (Ester, Garware, Polyplex, SRF, Jindal,
United States that were made Street and Constitution Avenue NW., and Vacmet). Polyplex USA LLC and Flex Films
subsequent to the POR. Washington, DC 20230; telephone: (202) (USA) Inc. (collectively Domestic Interested Parties)
482–0197. requested a review for eight companies (Ester,
Garware, Jindal, MTZ, Polyplex, SRF, Uflex Ltd.,
8 See Memorandum to the File from Manuel Rey,
Partial Rescission of Administrative Vacmet and Vacmet India Limited). In addition,
International Trade Compliance Analyst, Office II, Jindal and SRF self-requested an administrative
AD/CVD Operations, entitled ‘‘Tapered Roller Review
asabaliauskas on DSK3SPTVN1PROD with NOTICES

review.
Bearings and Parts Thereof, Finished and The Department initiated a review of 2 See Decision Memorandum for the Preliminary
Unfinished, from the People’s Republic of China: Results and Partial Rescission of the Countervailing
Initiation of New Shipper Review of Zhejiang
nine companies in this segment of the
Duty (CVD) Administrative Review of Polyethylene
Jingli,’’ dated concurrently with this notice. proceeding.1 In response to timely filed Terephthalate Film, Sheet, and Strip (PET film)
9 Notably, the Trade Facilitation and Trade from India; 2014’’ (Preliminary Decision
Enforcement Act of 2015 removed from section 1 See Initiation of Antidumping and Memorandum).
751(a)(2)(B) of the Act the provision directing the Countervailing Duty Administrative Reviews, 80 FR 3 See sections 771(5)(B) and (D) of the Act

Department to instruct CBP to allow an importer the 53106, 53109 (September 2, 2015) (Initiation regarding financial contribution; section 771(5)(E)
option of posting a bond or security in lieu of a cash Notice). The nine companies were Ester Industries of the Act regarding benefit; and section 771(5A) of
deposit during the pendency of an NSR. Limited (Ester), Garware Polyester Ltd. (Garware), the Act regarding specificity.

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Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices 51187

is on file electronically via Enforcement parties of the scheduled date for the 2. Background
and Compliance’s Antidumping and hearing which will be held at the U.S. 3. Partial Rescission of Administrative
Countervailing Duty Centralized Department of Commerce, 14th Street Review
4. Scope of the Order
Electronic Service System (ACCESS). and Constitution Avenue NW.,
5. Subsidies Valuation Information
ACCESS is available to registered users Washington, DC 20230, at a time and 6. Analysis of Programs
at http://access.trade.gov and in the location to be determined.9 Parties 7. Recommendation
Central Records Unit, Room B8024 of should confirm by telephone the date, [FR Doc. 2016–18336 Filed 8–2–16; 8:45 am]
the main Department of Commerce time, and location of the hearing. Issues
BILLING CODE 3510–DS–P
building. In addition, a complete addressed at the hearing will be limited
version of the Preliminary Decision to those raised in the briefs.10 All briefs
Memorandum can be accessed directly and hearing requests must be filed DEPARTMENT OF COMMERCE
on the Internet at http://trade.gov/ electronically and received successfully
enforcement/frn/index.html. The signed in their entirety through ACCESS by International Trade Administration
Preliminary Decision Memorandum and 5:00 p.m. Eastern Time on the due date.
the electronic versions of the Unless the deadline is extended [C–570–050]
Preliminary Decision Memorandum are pursuant to section 751(a)(3)(A) of the
Ammonium Sulfate From the People’s
identical in content. Act, the Department intends to issue the
Republic of China: Postponement of
final results of this administrative
Preliminary Results of Review Preliminary Determination in the
review, including the results of our
We preliminarily determine the total Countervailing Duty Investigation
analysis of the issues raised by the
estimated net countervailable subsidy parties in their comments, within 120 AGENCY: Enforcement and Compliance,
rates for the period January 1, 2014, days after publication of these International Trade Administration,
through December 31, 2014 to be: preliminary results. Department of Commerce.
Assessment Rates and Cash Deposit DATES: Effective August 3, 2016.
Subsidy rate
Manufacturer/exporter (percent Requirement FOR FURTHER INFORMATION CONTACT:
ad valorem) Robert Galantucci at (202) 482–2923 or
Upon issuance of the final results, the
William Horn at (202) 482–2615, AD/
Jindal Poly Films of India Department shall determine, and U.S.
CVD Operations, Enforcement and
Limited ............................... 5.10 Customs and Border Protection (CBP) Compliance, International Trade
SRF Limited .......................... 2.16 shall assess, countervailing duties on all Administration, Department of
appropriate entries covered by this
Commerce, 14th Street and Constitution
Disclosure and Public Comment review. We intend to issue instructions
Avenue NW., Washington, DC 20230.
to CBP 15 days after publication of the
The Department will disclose to SUPPLEMENTARY INFORMATION:
final results of review.
parties to this proceeding the Pursuant to section 751(a)(2)(C) of the
calculations performed in reaching the Background
Act, the Department also intends to
preliminary results within five days of On June 14, 2016, the Department of
instruct CBP to collect cash deposits of
the date of publication of these Commerce (the Department) initiated
estimated countervailing duties, in the
preliminary results.4 Interested parties the countervailing duty (CVD)
amounts shown above for each of the
may submit written comments (case respective companies shown above, on investigation of ammonium sulfate from
briefs) within 30 days of publication of shipments of subject merchandise the People’s Republic of China.1 The
the preliminary results and rebuttal entered, or withdrawn from warehouse, notice of initiation stated that, in
comments (rebuttal briefs) within five for consumption on or after the date of accordance with section 703(b)(l) of the
days after the time limit for filing case publication of the final results of this Tariff Act of 1930, as amended (the Act),
briefs.5 Rebuttal briefs must be limited review. For all non-reviewed firms, we and 19 CFR 351.205(b)(1), we would
to issues raised in the case briefs. 6
will instruct CBP to continue to collect issue our preliminary determination no
Parties who submit case or rebuttal cash deposits at the most-recent later than 65 days after the date of
briefs are requested to submit with the company-specific or all-others rate initiation, unless postponed. Currently,
argument: (1) A statement of the issue; applicable to the company, as the preliminary determination is due no
(2) a brief summary of the argument; appropriate. These cash deposit later than August 18, 2016.
and (3) a table of authorities.7 requirements, when imposed, shall
Interested parties who wish to request Postponement of the Preliminary
remain in effect until further notice. Determination
a hearing must do so within 30 days of These preliminary results of review
publication of these preliminary results are issued and published in accordance Section 703(b)(1) of the Act, requires
by submitting a written request to the with sections 751(a)(l) and 777(i)(l) of the Department to issue the preliminary
Assistant Secretary for Enforcement and the Act and 19 CFR 351.213 and determination in a CVD investigation
Compliance, U.S. Department of 351.221(b)(4). within 65 days after the date on which
Commerce, using Enforcement and the Department initiated the
Compliance’s ACCESS system. 8 Dated: July 27, 2016. investigation. However, in accordance
Requests should contain the party’s Ronald K. Lorentzen, with 19 CFR 351.205(e), if the petitioner
name, address, and telephone number, Deputy Assistant Secretary for Enforcement makes a timely request for an extension,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

the number of participants, and a list of and Compliance. section 703(c)(1)(A) of the Act allows
the issues to be discussed. If a request Appendix I the Department to postpone the
for a hearing is made, we will inform preliminary determination until no later
List of Topics Discussed in the Preliminary than 130 days after the date on which
Decision Memorandum
4 See 19 CFR 351.224(b). the Department initiated the
5 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). 1. Summary
6 See 19 CFR 351.309(d)(2). 1 See Ammonium Sulfate From the People’s
7 See 19 CFR 351.309(c)(2) and (d)(2). 9 See 19 CFR 351.310. Republic of China: Initiation of Countervailing Duty
8 See 19 CFR 351.310(c). 10 See 19 CFR 351.310(c). Investigation, 81 FR 40661 (June 22, 2016).

VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1

Document Created: 2016-08-02 23:43:58
Document Modified: 2016-08-02 23:43:58

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 August 3, 2016.
Contact		Elfi Blum, 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) 482-0197.
FR Citation		81 FR 51186

81 FR 51186 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2014

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 149 (August 3, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration