81_FR_5439 81 FR 5418 - Initiation of Five-Year (“Sunset”) Review

81 FR 5418 - Initiation of Five-Year (“Sunset”) Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 21 (February 2, 2016)

Page Range5418-5419
FR Document2016-01999

In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating the five-year review (``Sunset Review'') of the antidumping and countervailing duty (``AD/ CVD'') orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders.

Federal Register, Volume 81 Issue 21 (Tuesday, February 2, 2016)
[Federal Register Volume 81, Number 21 (Tuesday, February 2, 2016)]
[Notices]
[Pages 5418-5419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01999]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / 
Notices

[[Page 5418]]



DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (``Sunset'') Review

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

SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, 
as amended (``the Act''), the Department of Commerce (``the 
Department'') is automatically initiating the five-year review 
(``Sunset Review'') of the antidumping and countervailing duty (``AD/
CVD'') orders listed below. The International Trade Commission (``the 
Commission'') is publishing concurrently with this notice its notice of 
Institution of Five-Year Review which covers the same orders.

DATES: Effective Date: February 1, 2016.

FOR FURTHER INFORMATION CONTACT: The Department official identified in 
the Initiation of Review section below at AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230. For information from the Commission contact Mary 
Messer, Office of Investigations, U.S. International Trade Commission 
at (202) 205-3193.

SUPPLEMENTARY INFORMATION: 

Background

    The Department's procedures for the conduct of Sunset Reviews are 
set forth in its Procedures for Conducting Five-Year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of Sunset Reviews is set forth in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment Rate 
in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).

Initiation of Review

    In accordance with 19 CFR 351.218(c), we are initiating Sunset 
Reviews of the following antidumping and countervailing duty orders: 
\1\
---------------------------------------------------------------------------

    \1\ In addition, we note that in the sunset initiation notice 
that published on November 3, 2015 (80 FR 67705) the Department 
inadvertently listed an incorrect effective date. The effective date 
is November 2, 2015.

----------------------------------------------------------------------------------------------------------------
         DOC Case No.            ITC Case No.        Country            Product           Department contact
----------------------------------------------------------------------------------------------------------------
A-570-896.....................     731-TA-1071  PRC..............  Magnesium Metal   David Goldberger.
                                                                    (2nd Review).    (202) 482-4136.
A-570-506.....................      731-TA-282  PRC..............  Porcelain-On-     Matthew Renkey.
                                                                    Steel Cooking    (202) 482-2312.
                                                                    Ware (4th
                                                                    Review).
----------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to sunset 
proceedings, including copies of the pertinent statute and Department's 
regulations, the Department's schedule for Sunset Reviews, a listing of 
past revocations and continuations, and current service lists, 
available to the public on the Department's Web site at the following 
address: http://enforcement.trade.gov/sunset/. All submissions in these 
Sunset Reviews must be filed in accordance with the Department's 
regulations regarding format, translation, and service of documents. 
These rules, including electronic filing requirements via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``ACCESS''), can be found at 19 CFR 
351.303.\2\
---------------------------------------------------------------------------

    \2\ See also Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    This notice serves as a reminder that any party submitting factual 
information in an AD/CVD proceeding must certify to the accuracy and 
completeness of that information.\3\ Parties are hereby reminded that 
revised certification requirements are in effect for company/government 
officials as well as their representatives in these segments.\4\ The 
formats for the revised certifications are provided at the end of the 
Final Rule. The Department intends to reject factual submissions if the 
submitting party does not comply with the revised certification 
requirements.
---------------------------------------------------------------------------

    \3\ See section 782(b) of the Act.
    \4\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule'') (amending 
19 CFR 351.303(g)).
---------------------------------------------------------------------------

    On April 10, 2013, the Department modified two regulations related 
to AD/CVD proceedings: the definition of factual information (19 CFR 
351.102(b)(21)), and the time limits for the submission of factual 
information (19 CFR 351.301).\5\ Parties are advised to review the 
final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these 
segments. To the extent that other regulations govern the submission of 
factual information in a segment (such as 19 CFR 351.218), these time 
limits will continue to be applied. Parties are also advised to review 
the final rule concerning the extension of time limits for submissions 
in AD/CVD proceedings, available at http://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to submitting factual information in 
these segments.\6\
---------------------------------------------------------------------------

    \5\ See Definition of Factual Information and Time Limits for 
Submission of Factual Information: Final Rule, 78 FR 21246 (April 
10, 2013).
    \6\ See Extension of Time Limits, 78 FR 57790 (September 20, 
2013).

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[[Page 5419]]

Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), the Department will maintain and 
make available a public service list for these proceedings. Parties 
wishing to participate in any of these five-year reviews must file 
letters of appearance as discussed at 19 CFR 351.103(d)). To facilitate 
the timely preparation of the public service list, it is requested that 
those seeking recognition as interested parties to a proceeding submit 
an entry of appearance within 10 days of the publication of the Notice 
of Initiation.
    Because deadlines in Sunset Reviews can be very short, we urge 
interested parties who want access to proprietary information under 
administrative protective order (``APO'') to file an APO application 
immediately following publication in the Federal Register of this 
notice of initiation. The Department's regulations on submission of 
proprietary information and eligibility to receive access to business 
proprietary information under APO can be found at 19 CFR 351.304-306.

Information Required From Interested Parties

    Domestic interested parties, as defined in section 771(9)(C), (D), 
(E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to 
participate in a Sunset Review must respond not later than 15 days 
after the date of publication in the Federal Register of this notice of 
initiation by filing a notice of intent to participate. The required 
contents of the notice of intent to participate are set forth at 19 CFR 
351.218(d)(1)(ii). In accordance with the Department's regulations, if 
we do not receive a notice of intent to participate from at least one 
domestic interested party by the 15-day deadline, the Department will 
automatically revoke the order without further review.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.218(d)(1)(iii).
---------------------------------------------------------------------------

    If we receive an order-specific notice of intent to participate 
from a domestic interested party, the Department's regulations provide 
that all parties wishing to participate in a Sunset Review must file 
complete substantive responses not later than 30 days after the date of 
publication in the Federal Register of this notice of initiation. The 
required contents of a substantive response, on an order-specific 
basis, are set forth at 19 CFR 351.218(d)(3). Note that certain 
information requirements differ for respondent and domestic parties. 
Also, note that the Department's information requirements are distinct 
from the Commission's information requirements. Consult the 
Department's regulations for information regarding the Department's 
conduct of Sunset Reviews. Consult the Department's regulations at 19 
CFR part 351 for definitions of terms and for other general information 
concerning antidumping and countervailing duty proceedings at the 
Department.
    This notice of initiation is being published in accordance with 
section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: January 28, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-01999 Filed 2-1-16; 8:45 am]
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                                             5418

                                             Notices                                                                                                                   Federal Register
                                                                                                                                                                       Vol. 81, No. 21

                                                                                                                                                                       Tuesday, February 2, 2016



                                             This section of the FEDERAL REGISTER                               automatically initiating the five-year                 Background
                                             contains documents other than rules or                             review (‘‘Sunset Review’’) of the
                                             proposed rules that are applicable to the                                                                                   The Department’s procedures for the
                                                                                                                antidumping and countervailing duty
                                             public. Notices of hearings and investigations,                                                                           conduct of Sunset Reviews are set forth
                                                                                                                (‘‘AD/CVD’’) orders listed below. The
                                             committee meetings, agency decisions and                                                                                  in its Procedures for Conducting Five-
                                                                                                                International Trade Commission (‘‘the
                                             rulings, delegations of authority, filing of                                                                              Year (‘‘Sunset’’) Reviews of
                                                                                                                Commission’’) is publishing
                                             petitions and applications and agency                                                                                     Antidumping and Countervailing Duty
                                             statements of organization and functions are                       concurrently with this notice its notice
                                                                                                                                                                       Orders, 63 FR 13516 (March 20, 1998)
                                             examples of documents appearing in this                            of Institution of Five-Year Review which
                                                                                                                                                                       and 70 FR 62061 (October 28, 2005).
                                             section.                                                           covers the same orders.
                                                                                                                                                                       Guidance on methodological or
                                                                                                                DATES:   Effective Date: February 1, 2016.             analytical issues relevant to the
                                                                                                                                                                       Department’s conduct of Sunset
                                             DEPARTMENT OF COMMERCE                                             FOR FURTHER INFORMATION CONTACT:     The
                                                                                                                                                                       Reviews is set forth in Antidumping
                                                                                                                Department official identified in the
                                             International Trade Administration                                                                                        Proceedings: Calculation of the
                                                                                                                Initiation of Review section below at
                                                                                                                                                                       Weighted-Average Dumping Margin and
                                                                                                                AD/CVD Operations, Enforcement and
                                             Initiation of Five-Year (‘‘Sunset’’)                                                                                      Assessment Rate in Certain
                                                                                                                Compliance, International Trade
                                             Review                                                                                                                    Antidumping Duty Proceedings; Final
                                                                                                                Administration, U.S. Department of
                                                                                                                                                                       Modification, 77 FR 8101 (February 14,
                                             AGENCY:  Enforcement and Compliance,                               Commerce, 14th Street and Constitution
                                                                                                                                                                       2012).
                                             International Trade Administration,                                Avenue NW., Washington, DC 20230.
                                             Department of Commerce.                                            For information from the Commission                    Initiation of Review
                                                                                                                contact Mary Messer, Office of
                                             SUMMARY: In accordance with section                                                                                         In accordance with 19 CFR
                                                                                                                Investigations, U.S. International Trade
                                             751(c) of the Tariff Act of 1930, as                                                                                      351.218(c), we are initiating Sunset
                                                                                                                Commission at (202) 205–3193.
                                             amended (‘‘the Act’’), the Department of                                                                                  Reviews of the following antidumping
                                             Commerce (‘‘the Department’’) is                                   SUPPLEMENTARY INFORMATION:                             and countervailing duty orders: 1

                                                                DOC Case No.                                ITC Case No.          Country                           Product                        Department contact

                                             A–570–896 .................................................     731–TA–1071      PRC ............    Magnesium Metal (2nd Review) ................   David Goldberger.
                                                                                                                                                                                                  (202) 482-4136.
                                             A–570–506 .................................................      731–TA–282      PRC .............   Porcelain-On-Steel Cooking Ware (4th            Matthew Renkey.
                                                                                                                                                    Review).                                      (202) 482-2312.



                                             Filing Information                                                 (‘‘ACCESS’’), can be found at 19 CFR                   the submission of factual information
                                                                                                                351.303.2                                              (19 CFR 351.301).5 Parties are advised to
                                               As a courtesy, we are making                                        This notice serves as a reminder that               review the final rule, available at http://
                                             information related to sunset                                      any party submitting factual information               enforcement.trade.gov/frn/2013/
                                             proceedings, including copies of the                               in an AD/CVD proceeding must certify                   1304frn/2013-08227.txt, prior to
                                             pertinent statute and Department’s                                 to the accuracy and completeness of that               submitting factual information in these
                                             regulations, the Department’s schedule                             information.3 Parties are hereby                       segments. To the extent that other
                                             for Sunset Reviews, a listing of past                              reminded that revised certification                    regulations govern the submission of
                                             revocations and continuations, and                                 requirements are in effect for company/                factual information in a segment (such
                                             current service lists, available to the                            government officials as well as their                  as 19 CFR 351.218), these time limits
                                             public on the Department’s Web site at                             representatives in these segments.4 The                will continue to be applied. Parties are
                                             the following address: http://                                     formats for the revised certifications are             also advised to review the final rule
                                             enforcement.trade.gov/sunset/. All                                 provided at the end of the Final Rule.
                                                                                                                                                                       concerning the extension of time limits
                                             submissions in these Sunset Reviews                                The Department intends to reject factual
                                             must be filed in accordance with the                                                                                      for submissions in AD/CVD
                                                                                                                submissions if the submitting party does
                                             Department’s regulations regarding                                 not comply with the revised                            proceedings, available at http://
                                             format, translation, and service of                                certification requirements.                            enforcement.trade.gov/frn/2013/
                                             documents. These rules, including                                     On April 10, 2013, the Department                   1309frn/2013-22853.txt, prior to
                                             electronic filing requirements via                                 modified two regulations related to AD/                submitting factual information in these
                                             Enforcement and Compliance’s                                       CVD proceedings: the definition of                     segments.6
                                             Antidumping and Countervailing Duty                                factual information (19 CFR
                                             Centralized Electronic Service System                              351.102(b)(21)), and the time limits for
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                                               1 In addition, we note that in the sunset initiation             Administrative Protective Order Procedures, 76 FR      17, 2013) (‘‘Final Rule’’) (amending 19 CFR
                                             notice that published on November 3, 2015 (80 FR                   39263 (July 6, 2011).                                  351.303(g)).
                                             67705) the Department inadvertently listed an                        3 See section 782(b) of the Act.                       5 See Definition of Factual Information and Time

                                             incorrect effective date. The effective date is                      4 See Certification of Factual Information To        Limits for Submission of Factual Information: Final
                                             November 2, 2015.                                                                                                         Rule, 78 FR 21246 (April 10, 2013).
                                               2 See also Antidumping and Countervailing Duty
                                                                                                                Import Administration During Antidumping and             6 See Extension of Time Limits, 78 FR 57790
                                                                                                                Countervailing Duty Proceedings, 78 FR 42678 (July
                                             Proceedings: Electronic Filing Procedures;                                                                                (September 20, 2013).



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                                                                             Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Notices                                          5419

                                             Letters of Appearance and                                 requirements. Consult the Department’s                National Marine Sanctuary, 4700
                                             Administrative Protective Orders                          regulations for information regarding                 Avenue U, Building 216, Galveston, TX
                                                Pursuant to 19 CFR 351.103(d), the                     the Department’s conduct of Sunset                    77551; (409) 621–5151 extension 105;
                                             Department will maintain and make                         Reviews. Consult the Department’s                     email Kelly.Drinnen@noaa.gov; or
                                             available a public service list for these                 regulations at 19 CFR part 351 for                    download application from http://
                                                                                                       definitions of terms and for other                    flowergarden.noaa.gov.
                                             proceedings. Parties wishing to
                                                                                                       general information concerning                           • Hawaiian Islands Humpback Whale
                                             participate in any of these five-year
                                                                                                       antidumping and countervailing duty                   National Marine Sanctuary Advisory
                                             reviews must file letters of appearance
                                                                                                       proceedings at the Department.                        Council: Inouye Regional Center, ATTN:
                                             as discussed at 19 CFR 351.103(d)). To                      This notice of initiation is being                  NOS/ONMS/Shannon Lyday, 1845
                                             facilitate the timely preparation of the                  published in accordance with section                  Wasp Boulevard, Building 176,
                                             public service list, it is requested that                 751(c) of the Act and 19 CFR 351.218(c).              Honolulu, HI 96818; (808) 725–5905;
                                             those seeking recognition as interested
                                                                                                         Dated: January 28, 2016.                            email Shannon.Lyday@noaa.gov; or
                                             parties to a proceeding submit an entry
                                                                                                       Christian Marsh,                                      download application from http://
                                             of appearance within 10 days of the
                                                                                                       Deputy Assistant Secretary for Antidumping            hawaiihumpbackwhale.noaa.gov/
                                             publication of the Notice of Initiation.
                                                                                                       and Countervailing Duty Operations.                   council/council_app_accepting.html.
                                                Because deadlines in Sunset Reviews
                                                                                                                                                                • Monterey Bay National Marine
                                             can be very short, we urge interested                     [FR Doc. 2016–01999 Filed 2–1–16; 8:45 am]
                                                                                                                                                             Sanctuary Advisory Council: Nichole
                                             parties who want access to proprietary                    BILLING CODE 3510–DS–P
                                                                                                                                                             Rodriguez, Monterey Bay National
                                             information under administrative
                                                                                                                                                             Marine Sanctuary, 99 Pacific Street,
                                             protective order (‘‘APO’’) to file an APO
                                                                                                       DEPARTMENT OF COMMERCE                                Building 455A, Monterey, CA 93940;
                                             application immediately following
                                                                                                                                                             (831) 647–4206; email
                                             publication in the Federal Register of
                                                                                                       National Oceanic and Atmospheric                      Nichole.Rodriguez@noaa.gov; or
                                             this notice of initiation. The
                                                                                                       Administration                                        download application from http://
                                             Department’s regulations on submission
                                                                                                                                                             montereybay.noaa.gov/welcome.html.
                                             of proprietary information and                            Availability of Seats for National                       • National Marine Sanctuary of
                                             eligibility to receive access to business                 Marine Sanctuary Advisory Councils                    American Samoa Advisory Council:
                                             proprietary information under APO can                                                                           Joseph Paulin, National Marine
                                             be found at 19 CFR 351.304–306.                           AGENCY:  Office of National Marine
                                                                                                       Sanctuaries (ONMS), National Ocean                    Sanctuary of American Samoa, Tauese
                                             Information Required From Interested                      Service (NOS), National Oceanic and                   P.F. Sunia Ocean Center, P.O. Box 4318,
                                             Parties                                                   Atmospheric Administration (NOAA),                    Pago Pago, AS 96799 (Utelei, American
                                                                                                       Department of Commerce (DOC).                         Samoa); (684) 633–6500; email
                                                Domestic interested parties, as
                                                                                                                                                             Joseph.Paulin@noaa.gov; or download
                                             defined in section 771(9)(C), (D), (E), (F),              ACTION: Notice and request for
                                                                                                                                                             application from http://
                                             and (G) of the Act and 19 CFR                             applications.
                                                                                                                                                             americansamoa.noaa.gov/about/
                                             351.102(b), wishing to participate in a
                                                                                                       SUMMARY:   ONMS is seeking applications               samoa.html.
                                             Sunset Review must respond not later                                                                               • Stellwagen Bank National Marine
                                             than 15 days after the date of                            for vacant seats for five of its 13 national
                                                                                                       marine sanctuary advisory councils                    Sanctuary Advisory Council: Elizabeth
                                             publication in the Federal Register of                                                                          Stokes, Stellwagen Bank National
                                             this notice of initiation by filing a notice              (advisory councils). Vacant seats,
                                                                                                       including positions (i.e., primary                    Marine Sanctuary, 175 Edward Foster
                                             of intent to participate. The required                                                                          Road, Scituate, MA 02066; (781) 545–
                                             contents of the notice of intent to                       member and alternate), for each of the
                                                                                                       advisory councils are listed in this                  8026 extension 201; email
                                             participate are set forth at 19 CFR                                                                             Elizabeth.Stokes@noaa.gov; or
                                                                                                       notice under SUPPLEMENTARY
                                             351.218(d)(1)(ii). In accordance with the                                                                       download application from http://
                                                                                                       INFORMATION. Applicants are chosen
                                             Department’s regulations, if we do not                                                                          stellwagen.noaa.gov.
                                                                                                       based upon their particular expertise
                                             receive a notice of intent to participate
                                                                                                       and experience in relation to the seat for            FOR FURTHER INFORMATION CONTACT: For
                                             from at least one domestic interested
                                                                                                       which they are applying; community                    further information on a particular
                                             party by the 15-day deadline, the
                                                                                                       and professional affiliations; views                  national marine sanctuary advisory
                                             Department will automatically revoke
                                                                                                       regarding the protection and                          council, please contact the individual
                                             the order without further review.7
                                                                                                       management of marine or Great Lake                    identified in the ADDRESSES section of
                                                If we receive an order-specific notice
                                                                                                       resources; and possibly the length of                 this notice.
                                             of intent to participate from a domestic
                                                                                                       residence in the area affected by the                 SUPPLEMENTARY INFORMATION: ONMS
                                             interested party, the Department’s
                                                                                                       sanctuary. Applicants who are chosen                  serves as the trustee for a network of
                                             regulations provide that all parties
                                                                                                       as members or alternates should expect                underwater parks encompassing more
                                             wishing to participate in a Sunset
                                                                                                       to serve two or three year terms,                     than 170,000 square miles of marine and
                                             Review must file complete substantive
                                                                                                       pursuant to the charter of the specific               Great Lakes waters from Washington
                                             responses not later than 30 days after
                                                                                                       national marine sanctuary advisory                    state to the Florida Keys, and from Lake
                                             the date of publication in the Federal
                                                                                                       council.                                              Huron to American Samoa. The network
                                             Register of this notice of initiation. The
                                             required contents of a substantive                        DATES: Applications are due by                        includes a system of 13 national marine
                                             response, on an order-specific basis, are                 February 29, 2016.                                    sanctuaries and Papahānaumokuākea
                                             set forth at 19 CFR 351.218(d)(3). Note                   ADDRESSES: Application kits are specific              and Rose Atoll marine national
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                                             that certain information requirements                     to each advisory council. As such,                    monuments. National marine
                                             differ for respondent and domestic                        application kits must be obtained from                sanctuaries protect our nation’s most
                                             parties. Also, note that the Department’s                 and returned to the council-specific                  vital coastal and marine natural and
                                             information requirements are distinct                     addresses noted below.                                cultural resources, and through active
                                             from the Commission’s information                           • Flower Garden Banks National                      research, management, and public
                                                                                                       Marine Sanctuary Advisory Council:                    engagement, sustain healthy
                                               7 See   19 CFR 351.218(d)(1)(iii).                      Kelly Drinnen, Flower Garden Banks                    environments that are the foundation for


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Document Created: 2016-02-02 00:31:42
Document Modified: 2016-02-02 00:31:42
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
ContactThe Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205-3193.
FR Citation81 FR 5418 

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