81_FR_81286 81 FR 81064 - Glycine From the People's Republic of China: Initiation of Antidumping Duty Changed Circumstances Review

81 FR 81064 - Glycine From the People's Republic of China: Initiation of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 222 (November 17, 2016)

Page Range81064-81065
FR Document2016-27660

In response to a request from Salvi Chemical Industries Ltd. (Salvi), the Department of Commerce (the Department) is initiating a changed circumstances review of the antidumping duty order on glycine from the People's Republic of China (PRC).

Federal Register, Volume 81 Issue 222 (Thursday, November 17, 2016) 
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81064-81065]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27660]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Initiation of 
Antidumping Duty Changed Circumstances Review

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

SUMMARY: In response to a request from Salvi Chemical Industries Ltd. 
(Salvi), the Department of Commerce (the Department) is initiating a 
changed circumstances review of the antidumping duty order on glycine 
from the People's Republic of China (PRC).

DATES: Effective November 17, 2016.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Brian Davis, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 18, 2016, the Department received a request from Salvi to 
initiate a changed circumstances review in order for the Department to 
determine that the glycine produced by Salvi is no longer processed 
from PRC-origin glycine.\1\ Additionally, Salvi requests that the 
Department determine that importers of glycine from Salvi are eligible 
to participate in a certification process.\2\ Salvi refers to an anti-
circumvention inquiry, where the Department determined that Salvi was 
processing Chinese glycine, and that glycine processed in India of 
Chinese origin does not change country of origin, and, therefore, Salvi 
had circumvented the Order.\3\ As part of our determination, we stated 
that Salvi could not take part in a certification process, whereby 
Salvi's importers could certify that they had not imported Chinese-
origin glycine and would not be subject to the antidumping duty rate 
for Chinese glycine.\4\ This certification process was established to 
ensure that merchandise entering the United States from India was 
properly identified as subject or non-subject merchandise. However, we 
also stated that Salvi could request an administrative review or a 
changed circumstances review to show that it is no longer processing 
PRC-glycine and exporting such glycine from India.\5\ If the Department 
determined that Salvi is no longer processing PRC-origin glycine, and 
instead is producing glycine from raw materials of non-PRC origin, the 
Department could allow the importers of Salvi's product to certify that 
the glycine being produced and exported is not processed PRC-origin 
glycine.\6\
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    \1\ See Letter to the Department of Commerce from Salvi Chemical 
Industries Limited regarding ``Glycine from the People's Republic of 
China: Request for Changed Circumstances Review,'' dated July 18, 
2016.
    \2\ Id.
    \3\ See Glycine From the People's Republic of China: Final 
Partial Affirmative Determination of Circumvention of the 
Antidumping Duty Order, 77 FR 73426 (December 10, 2012) 
(Circumvention Notice) and accompanying Issues and Decision 
Memorandum for the Final Determination of the Anti-Circumvention 
Inquiry of the Antidumping Duty Order on Glycine from the People's 
Republic of China. See also Antidumping Duty Order: Glycine From the 
People's Republic of China, 60 FR 16116 (March 29, 1995) (Order) and 
Final Scope Ruling Concerning the Antidumping Duty Order on Glycine 
from the People's Republic of China, Memorandum from Richard Weible 
to Gary Taverman, dated December 3, 2012 (Final Scope Ruling).
    \4\ See Circumvention Notice and Final Scope Ruling.
    \5\ See Final Scope Ruling.
    \6\ Id.
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    On July 26, 2016, the Department received comments from domestic 
interested party, GEO Specialty Chemicals, Inc. (GEO), regarding 
Salvi's request.\7\ On August 29, 2016, we extended the deadline to 
initiate until October 17, 2016, in order to collect information and 
legible exhibits from Salvi, because it did not submit a sufficient 
response, and to consider interested parties' comments.\8\ On September 
9, 2016, we issued a questionnaire to Salvi, to which it responded on 
September 26, 2016.\9\ On October 6, 2016, GEO submitted comments on 
Salvi's questionnaire response.\10\ On October 13, 2016, we determined 
that we had a sufficient request from Salvi and that the deadline for 
initiating a changed circumstances review should be November 10, 
2016.\11\ On October 20, 2016, Salvi placed on the record certain 
information issued by the Department in the recently completed 2014-
2015 administrative review under this antidumping duty order.\12\ On 
October 27, 2016, GEO

[[Page 81065]]

provided comments on Salvi's October 20, 2016 submission.\13\
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    \7\ See Letter to the Department of Commerce from GEO Specialty 
Chemicals, Inc. regarding ``Glycine from the People's Republic of 
China: GEO's Opposition to Salvi's Request for Changed Circumstances 
Review,'' dated July 26, 2016.
    \8\ See Letter from the Department of Commerce to Salvi Chemical 
Industries Limited regarding ``Request for Changed Circumstances 
Review--Glycine from the People's Republic of China,'' dated August 
29, 2016.
    \9\ See Letter from the Department of Commerce to Salvi Chemical 
Industries Limited, dated September 9, 2016 and Letter to the 
Department of Commerce from Salvi Chemical Industries Limited 
regarding ``Glycine from the People's Republic of China: Changed 
Circumstances Review Response,'' dated September 26, 2016.
    \10\ See Letter to the Department of Commerce from GEO Specialty 
Chemicals, Inc. regarding ``Glycine from the People's Republic of 
China: GEO's Comments Regarding Salvi's September 26, 2016 Response 
to the Department September 9, 2016 Questionnaire,'' dated October 
6, 2016.
    \11\ See Memorandum to The File from Dena Crossland, 
International Trade Analyst, AD/CVD Operations, Office VI, 
Enforcement and Compliance, regarding ``Antidumping Duty 
Administrative Review of Glycine from the People's Republic of 
China'' and on the subject of ``Changed Circumstances Review 
Deadline,'' dated October 13, 2016.
    \12\ See Letter to the Department of Commerce from Salvi 
Chemical Industries Limited regarding ``Glycine from the People's 
Republic of China: Changed Circumstances Review; Placing Information 
from the 2014-2015 Administrative Review on the Administrative 
Record,'' dated October 20, 2016; and Glycine From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2014-2015, 81 FR 72567 (October 20, 2016) and corresponding 
``Issues and Decision Memorandum for the Final Results of the 
Administrative Review of the Antidumping Duty Order on Glycine from 
the People's Republic of China; 2014-2015.''
    \13\ See Letter to the Department of Commerce from GEO Specialty 
Chemicals, Inc. regarding ``Glycine from the People's Republic of 
China: GEO's Comments Regarding Salvi's October 20, 2016 Placement 
of Information from the 2014-2015 Administrative Review on the 
Record,'' dated October 27, 2016.
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Scope of the Order

    The product covered by this antidumping duty order is glycine, 
which is a free-flowing crystalline material, like salt or sugar. 
Glycine is produced at varying levels of purity and is used as a 
sweetener/taste enhancer, a buffering agent, reabsorbable amino acid, 
chemical intermediate, and a metal complexing agent. This proceeding 
includes glycine of all purity levels. Glycine is currently classified 
under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the 
United States (HTSUS).\14\ Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
merchandise under the order is dispositive.\15\
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    \14\ In separate scope rulings, the Department determined that: 
(a) D(-) Phenylglycine Ethyl Dane Salt is outside the scope of the 
order and (b) PRC-glycine exported from India remains the same class 
or kind of merchandise as the PRC-origin glycine imported into 
India. See Notice of Scope Rulings and Anticircumvention Inquiries, 
62 FR 62288 (November 21, 1997) and Circumvention Notice, 
respectively.
    \15\ See Order.
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Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department will conduct a changed circumstances review 
upon receipt of information concerning, or a request from an interested 
party of, an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. In accordance with 19 CFR 
351.216(d), based on the information provided by Salvi, the Department 
finds that there is sufficient information to initiate a changed 
circumstances review. Therefore, we are initiating a changed 
circumstances review pursuant to section 751(b)(1) of the Act and 19 
CFR 351.216(d) to determine whether Salvi is no longer processing PRC-
origin glycine, and instead is producing glycine from raw materials of 
non-PRC origin, and whether it should be able to participate in the 
certification process described in the Final Scope Ruling. The 
Department intends to publish in the Federal Register a notice of 
preliminary results of the antidumping duty changed circumstances 
review in accordance with 19 CFR 351.221(b)(4) and 19 CFR 
351.221(c)(3)(i), which will set forth the Department's preliminary 
factual and legal conclusions. The Department will issue its final 
results of review in accordance with the time limits set forth in 19 
CFR 351.216(e).
    This notice is in accordance with section 751(b)(1) of the Act.

    Dated: November 10, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-27660 Filed 11-16-16; 8:45 am]
 BILLING CODE 3510-DS-P

81064 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices duties for each entry of the subject DATES: Effective November 17, 2016. India.5 If the Department determined merchandise in an amount based on the FOR FURTHER INFORMATION CONTACT: that Salvi is no longer processing PRC- net countervailable subsidy rates for the Dena Crossland or Brian Davis, AD/CVD origin glycine, and instead is producing subject merchandise. The Department Operations, Office VI, Enforcement and glycine from raw materials of non-PRC will also direct CBP to require a cash Compliance, International Trade origin, the Department could allow the deposit for each entry of subject Administration, U.S. Department of importers of Salvi’s product to certify merchandise in an amount equal to the Commerce, 14th Street and Constitution that the glycine being produced and net countervailable subsidy rates listed Avenue NW., Washington, DC 20230; exported is not processed PRC-origin below. The all-others rate applies to all telephone: (202) 482–3362 or (202) 482– glycine.6 producers and exporters of subject 7924, respectively. On July 26, 2016, the Department merchandise not specifically listed. received comments from domestic SUPPLEMENTARY INFORMATION: interested party, GEO Specialty Subsidy Background Chemicals, Inc. (GEO), regarding Salvi’s Exporter/producer rate (%) On July 18, 2016, the Department request.7 On August 29, 2016, we received a request from Salvi to initiate extended the deadline to initiate until Steamline Industries Limited ...... 3.13 a changed circumstances review in October 17, 2016, in order to collect Sunrise Stainless Private Lim- order for the Department to determine information and legible exhibits from ited/Sun Mark Stainless Pvt. Salvi, because it did not submit a 12 Ltd./Shah Foils Ltd. .............. 6.22 that the glycine produced by Salvi is no sufficient response, and to consider All-Others .................................... 4.65 longer processed from PRC-origin interested parties’ comments.8 On glycine.1 Additionally, Salvi requests that the Department determine that September 9, 2016, we issued a Notification to Interested Parties questionnaire to Salvi, to which it importers of glycine from Salvi are This notice constitutes the AD and eligible to participate in a certification responded on September 26, 2016.9 On CVD orders with respect to WSPP from process.2 Salvi refers to an anti- October 6, 2016, GEO submitted India pursuant to sections 736(a) and circumvention inquiry, where the comments on Salvi’s questionnaire 706(a) of the Act. Interested parties can Department determined that Salvi was response.10 On October 13, 2016, we find an updated list of orders currently processing Chinese glycine, and that determined that we had a sufficient in effect by either visiting http:// glycine processed in India of Chinese request from Salvi and that the deadline enforcement.trade.gov/stats/ for initiating a changed circumstances origin does not change country of origin, iastats1.html or by contacting the review should be November 10, 2016.11 and, therefore, Salvi had circumvented Department’s Central Records Unit, On October 20, 2016, Salvi placed on the Order.3 As part of our Room B8024 of the main Commerce the record certain information issued by determination, we stated that Salvi Building. the Department in the recently These orders are published in could not take part in a certification completed 2014–2015 administrative accordance with sections 706(a), 736(a), process, whereby Salvi’s importers review under this antidumping duty and 777(i) of the Act, and 19 CFR could certify that they had not imported Chinese-origin glycine and would not be order.12 On October 27, 2016, GEO 351.211(b). subject to the antidumping duty rate for 5 See Dated: November 14, 2016. Final Scope Ruling. Chinese glycine.4 This certification 6 Id. Paul Piquado, process was established to ensure that 7 See Letter to the Department of Commerce from Assistant Secretary for Enforcement and merchandise entering the United States GEO Specialty Chemicals, Inc. regarding ‘‘Glycine Compliance. from India was properly identified as from the People’s Republic of China: GEO’s [FR Doc. 2016–27846 Filed 11–16–16; 8:45 am] subject or non-subject merchandise. Opposition to Salvi’s Request for Changed Circumstances Review,’’ dated July 26, 2016. BILLING CODE 3510–DS–P However, we also stated that Salvi could 8 See Letter from the Department of Commerce to request an administrative review or a Salvi Chemical Industries Limited regarding changed circumstances review to show ‘‘Request for Changed Circumstances Review— DEPARTMENT OF COMMERCE that it is no longer processing PRC- Glycine from the People’s Republic of China,’’ dated August 29, 2016. glycine and exporting such glycine from International Trade Administration 9 See Letter from the Department of Commerce to Salvi Chemical Industries Limited, dated September [A–570–836] 1 See Letter to the Department of Commerce from 9, 2016 and Letter to the Department of Commerce Salvi Chemical Industries Limited regarding from Salvi Chemical Industries Limited regarding Glycine From the People’s Republic of ‘‘Glycine from the People’s Republic of China: ‘‘Glycine from the People’s Republic of China: China: Initiation of Antidumping Duty Request for Changed Circumstances Review,’’ dated Changed Circumstances Review Response,’’ dated July 18, 2016. September 26, 2016. Changed Circumstances Review 2 Id. 10 See Letter to the Department of Commerce from AGENCY: Enforcement and Compliance, 3 See Glycine From the People’s Republic of GEO Specialty Chemicals, Inc. regarding ‘‘Glycine China: Final Partial Affirmative Determination of from the People’s Republic of China: GEO’s International Trade Administration, Circumvention of the Antidumping Duty Order, 77 Comments Regarding Salvi’s September 26, 2016 Department of Commerce. FR 73426 (December 10, 2012) (Circumvention Response to the Department September 9, 2016 SUMMARY: In response to a request from Notice) and accompanying Issues and Decision Questionnaire,’’ dated October 6, 2016. Salvi Chemical Industries Ltd. (Salvi), Memorandum for the Final Determination of the 11 See Memorandum to The File from Dena Anti-Circumvention Inquiry of the Antidumping Crossland, International Trade Analyst, AD/CVD the Department of Commerce (the Duty Order on Glycine from the People’s Republic Operations, Office VI, Enforcement and asabaliauskas on DSK3SPTVN1PROD with NOTICES Department) is initiating a changed of China. See also Antidumping Duty Order: Compliance, regarding ‘‘Antidumping Duty circumstances review of the Glycine From the People’s Republic of China, 60 FR Administrative Review of Glycine from the People’s antidumping duty order on glycine from 16116 (March 29, 1995) (Order) and Final Scope Republic of China’’ and on the subject of ‘‘Changed Ruling Concerning the Antidumping Duty Order on Circumstances Review Deadline,’’ dated October 13, the People’s Republic of China (PRC). Glycine from the People’s Republic of China, 2016. Memorandum from Richard Weible to Gary 12 See Letter to the Department of Commerce from 12 See CVD Preliminary Determination, in which Taverman, dated December 3, 2012 (Final Scope Salvi Chemical Industries Limited regarding we determined that Sunrise Stainless Private Ruling). ‘‘Glycine from the People’s Republic of China: Limited, Sun Mark Stainless Pvt. Ltd., and Shah 4 See Circumvention Notice and Final Scope Changed Circumstances Review; Placing Foils Ltd. are entitled to the same subsidy rate. Ruling. Information from the 2014–2015 Administrative VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1

Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices 81065 provided comments on Salvi’s October participate in the certification process (the final ESA 4(d) Rule). To comply 20, 2016 submission.13 described in the Final Scope Ruling. with the ESA and the protective The Department intends to publish in regulations, entities must obtain take Scope of the Order the Federal Register a notice of authorization prior to engaging in The product covered by this preliminary results of the antidumping activities involving take of Southern antidumping duty order is glycine, duty changed circumstances review in DPS fish unless the activity is covered which is a free-flowing crystalline accordance with 19 CFR 351.221(b)(4) by an exception or exemption. Certain material, like salt or sugar. Glycine is and 19 CFR 351.221(c)(3)(i), which will activities described in the ‘‘exceptions’’ produced at varying levels of purity and set forth the Department’s preliminary provision of 50 CFR 223.210(b) are not is used as a sweetener/taste enhancer, a factual and legal conclusions. The subject to the take prohibitions if they buffering agent, reabsorbable amino Department will issue its final results of adhere to specific criteria and reporting acid, chemical intermediate, and a metal review in accordance with the time requirements. Under the ‘‘exemption’’ complexing agent. This proceeding limits set forth in 19 CFR 351.216(e). provision of 50 CFR 223.210(c), the take includes glycine of all purity levels. This notice is in accordance with prohibitions do not apply to scientific Glycine is currently classified under section 751(b)(1) of the Act. research, scientific monitoring, and subheading 2922.49.4020 of the fisheries activities conducted under an Dated: November 10, 2016. Harmonized Tariff Schedule of the approved 4(d) program or plan; United States (HTSUS).14 Although the Christian Marsh, similarly, take prohibitions do not apply HTSUS subheading is provided for Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. to tribal resource management activities convenience and customs purposes, the conducted under a Tribal Plan for written description of the merchandise [FR Doc. 2016–27660 Filed 11–16–16; 8:45 am] which the requisite determinations under the order is dispositive.15 BILLING CODE 3510–DS–P described in 50 CFR 223.102(c)(3) have Initiation of Changed Circumstances been made. Review DEPARTMENT OF COMMERCE To ensure that activities qualify under Pursuant to section 751(b)(1) of the exceptions to or exemptions from the Tariff Act of 1930, as amended (the Act), National Oceanic and Atmospheric take prohibitions, local, state, and the Department will conduct a changed Administration federal agencies, non-governmental circumstances review upon receipt of organizations, academic researchers, information concerning, or a request Submission for OMB Review; and private organizations are asked to from an interested party of, an Comment Request voluntarily submit detailed information antidumping duty order which shows regarding their activity on a schedule to The Department of Commerce will changed circumstances sufficient to be determined by National Marine submit to the Office of Management and warrant a review of the order. In Fisheries Service (NMFS) staff. This Budget (OMB) for clearance the accordance with 19 CFR 351.216(d), information is used by NMFS to (1) following proposal for collection of based on the information provided by track the number of Southern DPS fish information under the provisions of the Salvi, the Department finds that there is taken as a result of each action; (2) Paperwork Reduction Act (44 U.S.C. sufficient information to initiate a understand and evaluate the cumulative Chapter 35). changed circumstances review. effects of each action on the Southern Agency: National Oceanic and Therefore, we are initiating a changed DPS; and (3) determine whether Atmospheric Administration (NOAA). circumstances review pursuant to Title: Green Sturgeon ESA 4(d) Rule additional protections are needed for section 751(b)(1) of the Act and 19 CFR Take Exceptions and Exemptions. the species, or whether additional 351.216(d) to determine whether Salvi OMB Control Number: 0648–0613. exceptions may be warranted. NMFS is no longer processing PRC-origin Form Number(s): None. designed the criteria to ensure that glycine, and instead is producing Type of Request: Regular (extension of plans meeting the criteria would glycine from raw materials of non-PRC a currently approved information adequately limit impacts on threatened origin, and whether it should be able to collection). Southern DPS fish, such that additional Number of Respondents: 46. protections in the form of a federal take Review on the Administrative Record,’’ dated Average Hours per Response: Written prohibition would not be necessary and October 20, 2016; and Glycine From the People’s notification describing research, advisable. Republic of China: Final Results of Antidumping Duty Administrative Review; 2014–2015, 81 FR monitoring or habitat restoration Affected Public: Not-for-profit 72567 (October 20, 2016) and corresponding ‘‘Issues activities, 40 hours; development of institutions; State, Local, or Tribal and Decision Memorandum for the Final Results of fisheries management and evaluation government; business or other for-profit the Administrative Review of the Antidumping organizations. Duty Order on Glycine from the People’s Republic plans or state 4(d) research programs, 40 of China; 2014–2015.’’ hours; reports, 5 hours; development of Frequency: On occasion, annually and 13 See Letter to the Department of Commerce from a tribal fishery management plan, 20 biennially. GEO Specialty Chemicals, Inc. regarding ‘‘Glycine hours. Respondent’s Obligation: Required to from the People’s Republic of China: GEO’s Burden Hours: 1,760. obtain or retain benefits. Comments Regarding Salvi’s October 20, 2016 Placement of Information from the 2014–2015 Needs and Uses: This request is for an This information collection request Administrative Review on the Record,’’ dated extension of a currently approved may be viewed at reginfo.gov. Follow October 27, 2016. information collection. the instructions to view Department of asabaliauskas on DSK3SPTVN1PROD with NOTICES 14 In separate scope rulings, the Department The Southern Distinct Population Commerce collections currently under determined that: (a) D(-) Phenylglycine Ethyl Dane Salt is outside the scope of the order and (b) PRC- Segment of North American green review by OMB. glycine exported from India remains the same class sturgeon (Acipenser medirostris; Written comments and or kind of merchandise as the PRC-origin glycine hereafter, ‘‘Southern DPS’’) was listed as recommendations for the proposed imported into India. See Notice of Scope Rulings a threatened species in April 2006. information collection should be sent and Anticircumvention Inquiries, 62 FR 62288 (November 21, 1997) and Circumvention Notice, Protective regulations under section 4(d) within 30 days of publication of this respectively. of the ESA were promulgated for the notice to OIRA_Submission@ 15 See Order. species on June 2, 2010 (75 FR 30714) omb.eop.gov or fax to (202) 395–5806. VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1


Document Created: 2016-11-17 03:00:06
Document Modified: 2016-11-17 03:00:06
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
DatesEffective November 17, 2016.
ContactDena Crossland or Brian Davis, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3362 or (202) 482-7924, respectively.
FR Citation81 FR 81064 
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