81 FR 5709 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty New Shipper Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 22 (February 3, 2016)
International Trade Administration
Federal Register Volume 81, Issue 22 (February 3, 2016)
| Page Range | 5709-5710 | |
| FR Document | 2016-02005 |
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)] [Notices] [Pages 5709-5710] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02005] [[Page 5709]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty New Shipper Review; 2014-2015 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 frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam''). The period of review (``POR'') is August 1, 2014, through January 31, 2015. The review covers one exporter of subject merchandise: Hai Huong Seafood Joint Stock Company (``HHFISH''). The Department has preliminarily determined that HHFISH did not sell subject merchandise at less than normal value (``NV''). We invite interested parties to comment on the preliminary results. DATES: Effective Date: February 3, 2016. FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6491. SUPPLEMENTARY INFORMATION: Background On February 27, 2015, the Department initiated the NSR of the antidumping duty order on certain frozen fish fillets from Vietnam.\1\ On September 21, 2015, the Department extended the deadline for the preliminary results until November 20, 2015.\2\ On November 20, 2015, the Department extended the deadline for preliminary results until December 21, 2015.\3\ On December 21, 2015, the Department extended the deadline for preliminary results until January 20, 2016.\4\ --------------------------------------------------------------------------- \1\ See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review; 2014- 2015, 80 FR 17390 (April 1, 2015). \2\ See Memorandum to Christian Marsh, Deputy Assistant Secretary, Antidumping and Countervailing Duty Operations, ``Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Deadline for Preliminary Results of 2014-2015 New Shipper Review,'' dated September 21, 2015. \3\ See Memorandum to Christian Marsh, Deputy Assistant Secretary, Antidumping and Countervailing Duty Operations, ``Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Deadline for Preliminary Results of 2014-2015 New Shipper Review,'' dated November 20, 2015. \4\ See Memorandum to Christian Marsh, Deputy Assistant Secretary, Antidumping and Countervailing Duty Operations, ``Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Deadline for Preliminary Results of 2014-2015 New Shipper Review,'' dated December 21, 2015. --------------------------------------------------------------------------- Scope of the Order The product covered by the order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species Pangasius Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius) and Pangasius Micronemus. These products are classifiable under tariff article code 0304.62.0020 (Frozen Fish Fillets of the species Pangasius, including basa and tra), and may enter under tariff article codes 0305.59.0000, 1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 and 1604.19.8100 of the Harmonized Tariff Schedule of the United States (``HTSUS'').\5\ Although the HTSUS subheading is provided for convenience and Customs purposes, our written description of the scope of the order is dispositive.\6\ --------------------------------------------------------------------------- \5\ Until June 30, 2004 these products were classifiable under HTSUS 0304.20.6030, 0304.20.6096, 0304.20.6043 and 0304.20.6057. From July 1, 2004 until December 31, 2006 these products were classifiable under HTSUS 0304.20.6033. From January 1, 2007 until December 31, 2011 these products were classifiable under HTSUS 0304.29.6033. On March 2, 2011 the Department added two HTSUS numbers at the request of U.S. Customs and Border Protection (``CBP'') that the subject merchandise may enter under: 1604.19.2000 and 1604 19.3000, which were changed to 1604.19.2100 and 1604.19.3100 on January 1, 2012. On January 1, 2012 the Department added the following HTSUS numbers at the request of CBP: 0304.62.0020, 0305.59.0000, 1604.19.4100, 1604.19.5100, 1604.19.6100 and 1604.19.8100. \6\ See ``Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Decision Memorandum for the Preliminary Results of the 2012-2013 Antidumping Duty Administrative Review,'' dated concurrently with and hereby adopted by this notice (``Preliminary Decision Memorandum''), for a complete description of the Scope of the Order. --------------------------------------------------------------------------- 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. Export prices have been calculated in accordance with section 772 of the Act. Because Vietnam is a non-market economy within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, please see the Preliminary Decision Memorandum. 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 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://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of the Review The Department preliminarily finds that the following margins exist for the period August 1, 2014, to January 31, 2015. ------------------------------------------------------------------------ Weighted-average Exporter Producer margin (dollars per kilogram) ------------------------------------------------------------------------ Hai Huong Seafood Joint Stock Hai Huong Seafood 0.00 Company. Joint Stock Company. ------------------------------------------------------------------------ Disclosure and Public Comments The Department intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on the preliminary results of this review. Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of the preliminary [[Page 5710]] results of review.\7\ Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than five days after the time limit for filing the case briefs.\8\ --------------------------------------------------------------------------- \7\ See 19 CFR 351.309(c)(1)(ii). \8\ See 19 CFR 351.309(d)(1)-(2). --------------------------------------------------------------------------- Any interested party may request a hearing within 30 days of publication of these preliminary results.\9\ Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\10\ --------------------------------------------------------------------------- \9\ See 19 CFR 351.310(c). \10\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- The Department intends to issue the final results of these new shipper reviews, which will include the results of its analysis of issues raised in all comments and at any hearing, within 90 days of publication of these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act. Assessment Rates Upon completion of the final results, pursuant to 19 CFR 351.212(b), the Department will determine, and U.S. Customs Border and Protection (``CBP'') shall assess, antidumping duties on all appropriate entries on a per-unit basis for HHFISH. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer) per- unit duty assessment rates. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis. The final results of these reviews shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of these reviews and for future deposits of estimated duties, where applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this new shipper review for all shipments of subject merchandise from HHFISH entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For subject merchandise produced and exported by HHFISH, the cash deposit rate will be the rate established in the final results of this review (except, if a rate is zero or de minimis, no cash deposit will be required); (2) for subject merchandise exported by HHFISH but not manufactured by HHFISH, the cash deposit rate will continue to be the Vietnam-wide rate (i.e., $2.39 per kilogram); and (3) for subject merchandise manufactured by the HHFISH, but exported by any other party, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice 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 POR. Failure to comply with this requirement could result in the Secretary'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: January 21, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology 5. Bona Fides Analysis 6. Non-Market Economy Country 7. Separate Rates 8. Surrogate Country 9. Economic Comparability 10. Significant Producers of Identical or Comparable Merchandise 11. Data Availability 12. Determination of a Comparison Method 13. Fair Value Comparisons 14. U.S. Price 15. Normal Value 16. Factor Valuations 17. Currency Conversion 18. Conclusion and Recommendation [FR Doc. 2016-02005 Filed 2-2-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 5709
DEPARTMENT OF COMMERCE Background Methodology
On February 27, 2015, the Department The Department is conducting this
International Trade Administration
initiated the NSR of the antidumping review in accordance with section
[A–552–801]
duty order on certain frozen fish fillets 751(a)(2)(B) of the Tariff Act of 1930, as
from Vietnam.1 On September 21, 2015, amended (‘‘the Act’’) and 19 CFR
Certain Frozen Fish Fillets From the 351.214. Export prices have been
Socialist Republic of Vietnam: the Department extended the deadline
calculated in accordance with section
Preliminary Results of Antidumping for the preliminary results until
772 of the Act. Because Vietnam is a
Duty New Shipper Review; 2014–2015 November 20, 2015.2 On November 20,
non-market economy within the
2015, the Department extended the meaning of section 771(18) of the Act,
AGENCY: Enforcement and Compliance, deadline for preliminary results until
International Trade Administration, NV has been calculated in accordance
December 21, 2015.3 On December 21, with section 773(c) of the Act. For a full
Department of Commerce. 2015, the Department extended the
SUMMARY: The Department of Commerce description of the methodology
deadline for preliminary results until underlying our conclusions, please see
(‘‘the Department’’) is conducting a new
January 20, 2016.4 the Preliminary Decision Memorandum.
shipper review (‘‘NSR’’) of the
antidumping duty order on certain Scope of the Order The Preliminary Decision Memorandum
frozen fish fillets from the Socialist is a public document and is on file
Republic of Vietnam (‘‘Vietnam’’). The The product covered by the order is electronically via Enforcement and
period of review (‘‘POR’’) is August 1, frozen fish fillets, including regular, Compliance’s Antidumping and
2014, through January 31, 2015. The shank, and strip fillets and portions Countervailing Duty Centralized
review covers one exporter of subject thereof, whether or not breaded or Electronic Service System (‘‘ACCESS’’).
merchandise: Hai Huong Seafood Joint marinated, of the species Pangasius ACCESS is available to registered users
Stock Company (‘‘HHFISH’’). The Bocourti, Pangasius Hypophthalmus at http://access.trade.gov and in the
Department has preliminarily (also known as Pangasius Pangasius) Central Records Unit, Room B8024 of
determined that HHFISH did not sell and Pangasius Micronemus. These the main Department of Commerce
subject merchandise at less than normal products are classifiable under tariff building. In addition, a complete
value (‘‘NV’’). We invite interested article code 0304.62.0020 (Frozen Fish version of the Preliminary Decision
parties to comment on the preliminary Memorandum can be accessed directly
Fillets of the species Pangasius,
results. on the Internet at http://
including basa and tra), and may enter
enforcement.trade.gov/frn/. The signed
DATES: Effective Date: February 3, 2016. under tariff article codes 0305.59.0000, Preliminary Decision Memorandum and
FOR FURTHER INFORMATION CONTACT: 1604.19.2100, 1604.19.3100, the electronic versions of the
Kenneth Hawkins, AD/CVD Operations, 1604.19.4100, 1604.19.5100, Preliminary Decision Memorandum are
Office V, Enforcement and Compliance, 1604.19.6100 and 1604.19.8100 of the identical in content.
International Trade Administration, Harmonized Tariff Schedule of the
U.S. Department of Commerce, 14th United States (‘‘HTSUS’’).5 Although Preliminary Results of the Review
Street and Constitution Avenue NW., the HTSUS subheading is provided for The Department preliminarily finds
Washington, DC 20230; telephone: (202) convenience and Customs purposes, our that the following margins exist for the
482–6491. written description of the scope of the period August 1, 2014, to January 31,
SUPPLEMENTARY INFORMATION: order is dispositive.6 2015.
Weighted-average
Exporter Producer margin (dollars
per kilogram)
Hai Huong Seafood Joint Stock Company .............................. Hai Huong Seafood Joint Stock Company ............................. 0.00
Disclosure and Public Comments this notice in accordance with 19 CFR comments no later than 30 days after the
351.224(b). Interested parties are invited date of publication of the preliminary
The Department intends to disclose
to comment on the preliminary results
calculations performed for these
preliminary results to the parties within of this review. Interested parties may
five days of the date of publication of submit case briefs and/or written
1 See Certain Frozen Fish Fillets from the Socialist 2014–2015 New Shipper Review,’’ dated November Department added two HTSUS numbers at the
Republic of Vietnam: Initiation of Antidumping 20, 2015. request of U.S. Customs and Border Protection
Duty New Shipper Review; 2014–2015, 80 FR 17390 4 See Memorandum to Christian Marsh, Deputy (‘‘CBP’’) that the subject merchandise may enter
(April 1, 2015). Assistant Secretary, Antidumping and under: 1604.19.2000 and 1604 19.3000, which were
2 See Memorandum to Christian Marsh, Deputy Countervailing Duty Operations, ‘‘Certain Frozen changed to 1604.19.2100 and 1604.19.3100 on
Assistant Secretary, Antidumping and Fish Fillets from the Socialist Republic of Vietnam: January 1, 2012. On January 1, 2012 the Department
Extension of Deadline for Preliminary Results of added the following HTSUS numbers at the request
Countervailing Duty Operations, ‘‘Certain Frozen
2014–2015 New Shipper Review,’’ dated December of CBP: 0304.62.0020, 0305.59.0000, 1604.19.4100,
mstockstill on DSK4VPTVN1PROD with NOTICES
Fish Fillets from the Socialist Republic of Vietnam:
21, 2015. 1604.19.5100, 1604.19.6100 and 1604.19.8100.
Extension of Deadline for Preliminary Results of 5 Until June 30, 2004 these products were 6 See ‘‘Certain Frozen Fish Fillets from the
2014–2015 New Shipper Review,’’ dated September
classifiable under HTSUS 0304.20.6030, Socialist Republic of Vietnam: Decision
21, 2015. 0304.20.6096, 0304.20.6043 and 0304.20.6057. Memorandum for the Preliminary Results of the
3 See Memorandum to Christian Marsh, Deputy
From July 1, 2004 until December 31, 2006 these 2012–2013 Antidumping Duty Administrative
Assistant Secretary, Antidumping and products were classifiable under HTSUS Review,’’ dated concurrently with and hereby
Countervailing Duty Operations, ‘‘Certain Frozen 0304.20.6033. From January 1, 2007 until December adopted by this notice (‘‘Preliminary Decision
Fish Fillets from the Socialist Republic of Vietnam: 31, 2011 these products were classifiable under Memorandum’’), for a complete description of the
Extension of Deadline for Preliminary Results of HTSUS 0304.29.6033. On March 2, 2011 the Scope of the Order.
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![5710 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices
results of review.7 Rebuttal briefs and for consumption on or after the DEPARTMENT OF COMMERCE
rebuttals to written comments, limited publication date, as provided for by
to issues raised in such briefs or section 751(a)(2)(C) of the Act: (1) For International Trade Administration
comments, may be filed no later than subject merchandise produced and [A–570–863]
five days after the time limit for filing exported by HHFISH, the cash deposit
the case briefs.8 rate will be the rate established in the Honey From the People’s Republic of
Any interested party may request a final results of this review (except, if a China: Initiation of Antidumping Duty
hearing within 30 days of publication of rate is zero or de minimis, no cash New Shipper Review; 2014–2015
these preliminary results.9 Hearing deposit will be required); (2) for subject
requests should contain the following merchandise exported by HHFISH but AGENCY: Enforcement and Compliance,
information: (1) The party’s name, not manufactured by HHFISH, the cash International Trade Administration,
address, and telephone number; (2) the deposit rate will continue to be the Department of Commerce.
number of participants; and (3) a list of Vietnam-wide rate (i.e., $2.39 per ACTION: Notice.
the issues to be discussed. Oral kilogram); and (3) for subject
presentations will be limited to issues SUMMARY: The Department of Commerce
merchandise manufactured by the
raised in the briefs. If a request for a (‘‘the Department’’) is initiating a new
HHFISH, but exported by any other
hearing is made, parties will be notified shipper review (‘‘NSR’’) of the
party, the cash deposit rate will be the
of the time and date for the hearing to antidumping duty (‘‘AD’’) order on
rate applicable to the exporter. These
be held at the U.S. Department of honey from the People’s Republic of
cash deposit requirements, when
Commerce, 1401 Constitution Avenue China (‘‘PRC’’) with respect to Shanghai
imposed, shall remain in effect until
NW., Washington, DC 20230.10 Sunbeauty Trading Co., Ltd. (‘‘Shanghai
further notice.
The Department intends to issue the Sunbeauty’’). The period of review
final results of these new shipper Notification to Interested Parties (‘‘POR’’) for this NSR is December 01,
reviews, which will include the results 2014, through November 30, 2015.
This notice serves as a preliminary DATES: Effective Date: February 3, 2016.
of its analysis of issues raised in all reminder to importers of their
comments and at any hearing, within 90 FOR FURTHER INFORMATION CONTACT:
responsibility under 19 CFR
days of publication of these preliminary Jessica Weeks, AD/CVD Operations,
351.402(f)(2) to file a certificate
results, pursuant to section Office V, Enforcement and Compliance,
regarding the reimbursement of
751(a)(2)(B)(iv) of the Act. International Trade Administration,
antidumping duties prior to liquidation
U.S. Department of Commerce, 14th
Assessment Rates of the relevant entries during this POR.
Street and Constitution Avenue NW.,
Upon completion of the final results, Failure to comply with this requirement
Washington, DC 20230; telephone: 202–
pursuant to 19 CFR 351.212(b), the could result in the Secretary’s
482–4877.
Department will determine, and U.S. presumption that reimbursement of
antidumping duties occurred and the SUPPLEMENTARY INFORMATION:
Customs Border and Protection (‘‘CBP’’)
shall assess, antidumping duties on all subsequent assessment of double Background
appropriate entries on a per-unit basis antidumping duties.
The AD order on honey was
for HHFISH. The Department intends to We are issuing and publishing these published in the Federal Register on
issue assessment instructions to CBP 15 results in accordance with sections December 10, 2001.1 On December 17,
days after the date of publication of the 751(a)(2)(B) and 777(i)(1) of the Act. 2015, pursuant to section 751(a)(2)(B)(i)
final results of review. Pursuant to 19 Dated: January 21, 2016. of the Tariff Act of 1930, as amended
CFR 351.212(b)(1), we will calculate (‘‘the Act’’), and 19 CFR 351.214(b), the
Paul Piquado,
importer-specific (or customer) per-unit Department received a NSR request
duty assessment rates. We will instruct Assistant Secretary for Enforcement and
from Shanghai Sunbeauty.2 Shanghai
Compliance.
CBP to assess antidumping duties on all Sunbeauty certified that it is the
appropriate entries covered by this List of Topics Discussed in the exporter of the subject merchandise
review if any importer-specific Preliminary Decision Memorandum upon which the request is based and
assessment rate calculated in the final that its affiliate, Xiping Haina Trade Co.,
results of this review is above de 1. Summary
Ltd., is the producer of the subject
2. Background
minimis. The final results of these merchandise.3
3. Scope of the Order
reviews shall be the basis for the Pursuant to section 751(a)(2)(B) of the
4. Discussion of the Methodology
assessment of antidumping duties on Act and 19 CFR 351.214(b)(2)(ii),
5. Bona Fides Analysis
entries of merchandise covered by the Shanghai Sunbeauty certified that it did
6. Non-Market Economy Country
final results of these reviews and for not export subject merchandise to the
7. Separate Rates
future deposits of estimated duties, United States during the period of
8. Surrogate Country
where applicable. 9. Economic Comparability investigation (‘‘POI’’).4 Further, Xiping
10. Significant Producers of Identical or Haina Trade Co., Ltd. certified that it is
Cash Deposit Requirements
Comparable Merchandise the producer of the subject merchandise
The following cash deposit upon which the request is based. In
11. Data Availability
requirements will be effective upon
12. Determination of a Comparison Method
publication of the final results of this 13. Fair Value Comparisons
1 See Notice of Amended Final Determination of
mstockstill on DSK4VPTVN1PROD with NOTICES
new shipper review for all shipments of 14. U.S. Price
Sales at Less Than Fair Value and Antidumping
subject merchandise from HHFISH Duty Order; Honey from the People’s Republic of
15. Normal Value China, 66 FR 63670 (December 10, 2001) (‘‘Order’’).
entered, or withdrawn from warehouse, 16. Factor Valuations 2 See Letter from Shanghai Sunbeauty, ‘‘Honey
17. Currency Conversion from the People’s Republic of China: Request for
7 See 19 CFR 351.309(c)(1)(ii). 18. Conclusion and Recommendation New Shipper Review,’’ dated December 17, 2015
8 See 19 CFR 351.309(d)(1)–(2). (‘‘NSR Request’’).
9 See 19 CFR 351.310(c). [FR Doc. 2016–02005 Filed 2–2–16; 8:45 am] 3 Id., at 1–2 and Exhibit 1.
10 See 19 CFR 351.310(d). BILLING CODE 3510–DS–P 4 Id.
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Document Created: 2016-02-03 00:40:25
Document Modified: 2016-02-03 00:40:25
| 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 | |
| Contact | Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6491. | |
| FR Citation | 81 FR 5709 |
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