81_FR_81961 81 FR 81738 - Solid Urea From Russia: Final Results of Antidumping Duty Administrative and New Shipper Reviews; 2014-2015

81 FR 81738 - Solid Urea From Russia: Final Results of Antidumping Duty Administrative and New Shipper Reviews; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range81738-81739
FR Document2016-27819

On August 12, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review and new shipper review of the antidumping duty order on solid urea from Russia. The period of review (POR) is July 1, 2014, through June 30, 2015. For the final results of these reviews, we continue to find that subject merchandise has not been sold at less than normal value.

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81738-81739]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27819]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-801]


Solid Urea From Russia: Final Results of Antidumping Duty 
Administrative and New Shipper Reviews; 2014-2015

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

SUMMARY: On August 12, 2016, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review and new shipper review of the antidumping duty order on solid 
urea from Russia. The period of review (POR) is July 1, 2014, through 
June 30, 2015. For the final results of these reviews, we continue to 
find that subject merchandise has not been sold at less than normal 
value.

DATES: Effective November 18, 2016.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani or Andre Gziryan, 
AD/CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0198, and (202) 
482-2201, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 12, 2016, the Department published the Preliminary 
Results of the administrative review and new shipper review of the 
antidumping duty order on solid urea from Russia.\1\ The administrative 
review covers MCC EuroChem; the new shipper review covers Joint Stock 
Company PhosAgro-Cherepovets (PhosAgro). The Department gave interested 
parties an opportunity to comment on the Preliminary Results. We 
received no comments. The Department conducted these reviews in 
accordance with section 751(a)(2) of the Tariff Act of 1930, as amended 
(the Act).
---------------------------------------------------------------------------

    \1\ See Solid Urea from the Russian Federation: Preliminary 
Results of Antidumping Duty Administrative and New Shipper Reviews 
and Rescission of Administrative Review, in Part; 2014-2015, 81 FR 
53414 (August 12, 2016) (Preliminary Results).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is solid urea, a high-nitrogen 
content fertilizer which is produced by reacting ammonia with carbon 
dioxide. The product is currently classified under the Harmonized 
Tariff Schedules of the United States (HTSUS) item number 3102.10.0010. 
Previously such merchandise was classified under item number 480.3000 
and 3102.10.0000 of the HTSUS. Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the merchandise subject to the order is dispositive.

Final Results of the Administrative Review

    The Department made no changes to its calculations announced in the 
Preliminary Results. As a result of this administrative review, we 
determine that an estimated weighted-average dumping margin of 0.00 
percent exists for MCC EuroChem for the period July 1, 2014, through 
June 30, 2015.

Final Results of the New Shipper Review

    The Department made no changes to its calculations announced in the 
Preliminary Results. As a result of this new shipper review, we 
determine that an estimated weighted-average dumping margin of 0.00 
percent exists for merchandise produced and exported by PhosAgro for 
the period July 1, 2014, through June 30, 2015.

Assessment

    In accordance with 19 CFR 351.212 and the Final Modification,\2\ 
the Department will instruct U.S. Customs and Border Protection (CBP) 
to liquidate all appropriate entries for MCC EuroChem and PhosAgro 
without regard to antidumping duties.
---------------------------------------------------------------------------

    \2\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification).
---------------------------------------------------------------------------

    For entries of subject merchandise during the period of review 
produced by MCC EuroChem and PhosAgro for which they did not know their 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the

[[Page 81739]]

intermediate company(ies) involved in the transaction.\3\
---------------------------------------------------------------------------

    \3\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of the administrative and 
new shipper reviews for all shipments of solid urea from Russia 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rate with respect to the administrative review 
respondent, MCC EuroChem, will be 0.00 percent, the weighted average 
dumping margin established in the final results of the administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which that manufacturer or exporter participated; (3) if 
the exporter is not a firm covered in this administrative review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the manufacturer of 
subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 64.93 percent, the all-
others rate established in the original less-than-fair-value 
investigation.\4\
---------------------------------------------------------------------------

    \4\ See Urea From the Union of Soviet Socialist Republics; Final 
Determination of Sales at Less Than Fair Value, 52 FR 19557 (May 26, 
1987). Also note that following the break-up of the Soviet Union, 
the antidumping duty order on solid urea from the Soviet Union was 
transferred to the individual members of the Commonwealth of 
Independent States. See Solid Urea From the Union of Soviet 
Socialist Republics; Transfer of the Antidumping Order on Solid Urea 
From the Union of Soviet Socialist Republics to the Commonwealth of 
Independent States and the Baltic States and Opportunity to Comment, 
57 FR 28828 (June 29, 1992).
---------------------------------------------------------------------------

    With respect to PhosAgro, the new shipper respondent, the 
Department established a combination cash deposit rate for this 
company, consistent with its practice, as follows: (1) For subject 
merchandise produced and exported by PhosAgro, the cash deposit rate 
will be 0.00 percent; (2) for subject merchandise exported by PhosAgro, 
but not produced by PhosAgro, the cash deposit rate will be the rate 
for the all-others established in the less-than-fair-value 
investigation; and (3) for subject merchandise produced by PhosAgro but 
not exported by PhosAgro, 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 Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results of administrative and 
new shipper reviews in accordance with sections 751(a)(1) 
751(a)(2)(B)(iii), 751(a)(3)and 777(i)(1) of the Act and 19 CFR 
351.213(h), 351.214 and 351.221(b)(5).

    Dated: November 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-27819 Filed 11-17-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  81738                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                     C. Benefitting in any way from any                     Fifth, a copy of this Order shall be                Preliminary Results. We received no
                                                  transaction involving any item exported                 delivered to the Solis-Castilleja. This               comments. The Department conducted
                                                  or to be exported from the United States                Order shall be published in the Federal               these reviews in accordance with
                                                  that is subject to the Regulations, or in               Register.                                             section 751(a)(2) of the Tariff Act of
                                                  any other activity subject to the                         Sixth, this Order is effective                      1930, as amended (the Act).
                                                  Regulations.                                            immediately and shall remain in effect
                                                     Second, no person may, directly or                   until June 30, 2024.                                  Scope of the Order
                                                  indirectly, do any of the following:                      Issued this 9th day of November, 2016.                 The merchandise subject to the order
                                                     A. Export or reexport to or on behalf                                                                      is solid urea, a high-nitrogen content
                                                                                                          Karen H. Nies-Vogel,
                                                  of the Denied Person any item subject to                                                                      fertilizer which is produced by reacting
                                                  the Regulations;                                        Director, Office of Exporter Services.
                                                                                                          [FR Doc. 2016–27785 Filed 11–17–16; 8:45 am]          ammonia with carbon dioxide. The
                                                     B. Take any action that facilitates the
                                                                                                                                                                product is currently classified under the
                                                  acquisition or attempted acquisition by                 BILLING CODE P
                                                                                                                                                                Harmonized Tariff Schedules of the
                                                  the Denied Person of the ownership,
                                                                                                                                                                United States (HTSUS) item number
                                                  possession, or control of any item
                                                                                                          DEPARTMENT OF COMMERCE                                3102.10.0010. Previously such
                                                  subject to the Regulations that has been
                                                                                                                                                                merchandise was classified under item
                                                  or will be exported from the United
                                                                                                          International Trade Administration                    number 480.3000 and 3102.10.0000 of
                                                  States, including financing or other
                                                                                                                                                                the HTSUS. Although the HTSUS
                                                  support activities related to a                         [A–821–801]
                                                  transaction whereby the Denied Person                                                                         subheading is provided for convenience
                                                  acquires or attempts to acquire such                    Solid Urea From Russia: Final Results                 and customs purposes, the written
                                                  ownership, possession or control;                       of Antidumping Duty Administrative                    description of the merchandise subject
                                                     C. Take any action to acquire from or                and New Shipper Reviews; 2014–2015                    to the order is dispositive.
                                                  to facilitate the acquisition or attempted              AGENCY:   Enforcement and Compliance,                 Final Results of the Administrative
                                                  acquisition from the Denied Person of                   International Trade Administration,                   Review
                                                  any item subject to the Regulations that                Department of Commerce.
                                                  has been exported from the United                                                                                The Department made no changes to
                                                                                                          SUMMARY: On August 12, 2016, the                      its calculations announced in the
                                                  States;
                                                     D. Obtain from the Denied Person in                  Department of Commerce (the                           Preliminary Results. As a result of this
                                                  the United States any item subject to the               Department) published the preliminary                 administrative review, we determine
                                                  Regulations with knowledge or reason                    results of the administrative review and              that an estimated weighted-average
                                                  to know that the item will be, or is                    new shipper review of the antidumping                 dumping margin of 0.00 percent exists
                                                  intended to be, exported from the                       duty order on solid urea from Russia.                 for MCC EuroChem for the period July
                                                  United States; or                                       The period of review (POR) is July 1,                 1, 2014, through June 30, 2015.
                                                     E. Engage in any transaction to service              2014, through June 30, 2015. For the
                                                                                                          final results of these reviews, we                    Final Results of the New Shipper
                                                  any item subject to the Regulations that
                                                                                                          continue to find that subject                         Review
                                                  has been or will be exported from the
                                                  United States and which is owned,                       merchandise has not been sold at less                    The Department made no changes to
                                                  possessed or controlled by the Denied                   than normal value.                                    its calculations announced in the
                                                  Person, or service any item, of whatever                DATES: Effective November 18, 2016.                   Preliminary Results. As a result of this
                                                  origin, that is owned, possessed or                     FOR FURTHER INFORMATION CONTACT:                      new shipper review, we determine that
                                                  controlled by the Denied Person if such                 Michael A. Romani or Andre Gziryan,                   an estimated weighted-average dumping
                                                  service involves the use of any item                    AD/CVD Operations, Office I,                          margin of 0.00 percent exists for
                                                  subject to the Regulations that has been                Enforcement and Compliance,                           merchandise produced and exported by
                                                  or will be exported from the United                     International Trade Administration,                   PhosAgro for the period July 1, 2014,
                                                  States. For purposes of this paragraph,                 U.S. Department of Commerce, 1401                     through June 30, 2015.
                                                  servicing means installation,                           Constitution Avenue NW., Washington,
                                                  maintenance, repair, modification or                    DC 20230; telephone: (202) 482–0198,                  Assessment
                                                  testing.                                                and (202) 482–2201, respectively.                        In accordance with 19 CFR 351.212
                                                     Third, after notice and opportunity for              SUPPLEMENTARY INFORMATION:                            and the Final Modification,2 the
                                                  comment as provided in Section 766.23                                                                         Department will instruct U.S. Customs
                                                  of the Regulations, any other person,                   Background
                                                                                                                                                                and Border Protection (CBP) to liquidate
                                                  firm, corporation, or business                            On August 12, 2016, the Department                  all appropriate entries for MCC
                                                  organization related to Solis-Castilleja                published the Preliminary Results of the              EuroChem and PhosAgro without regard
                                                  by ownership, control, position of                      administrative review and new shipper                 to antidumping duties.
                                                  responsibility, affiliation, or other                   review of the antidumping duty order
                                                  connection in the conduct of trade or                   on solid urea from Russia.1 The                          For entries of subject merchandise
                                                  business may also be made subject to                    administrative review covers MCC                      during the period of review produced by
                                                  the provisions of this Order in order to                EuroChem; the new shipper review                      MCC EuroChem and PhosAgro for
                                                  prevent evasion of this Order.                          covers Joint Stock Company PhosAgro-                  which they did not know their
                                                     Fourth, in accordance with Part 756 of               Cherepovets (PhosAgro). The                           merchandise was destined for the
                                                  the Regulations, Solis-Castilleja may file              Department gave interested parties an                 United States, we will instruct CBP to
mstockstill on DSK3G9T082PROD with NOTICES




                                                  an appeal of this Order with the Under                  opportunity to comment on the                         liquidate unreviewed entries at the all-
                                                  Secretary of Commerce for Industry and                                                                        others rate if there is no rate for the
                                                  Security. The appeal must be filed                        1 See Solid Urea from the Russian Federation:

                                                  within 45 days from the date of this                    Preliminary Results of Antidumping Duty                 2 See Antidumping Proceedings: Calculation of

                                                                                                          Administrative and New Shipper Reviews and            the Weighted-Average Dumping Margin and
                                                  Order and must comply with the                          Rescission of Administrative Review, in Part; 2014–   Assessment Rate in Certain Antidumping Duty
                                                  provisions of Part 756 of the                           2015, 81 FR 53414 (August 12, 2016) (Preliminary      Proceedings; Final Modification, 77 FR 8101, 8102
                                                  Regulations.                                            Results).                                             (February 14, 2012) (Final Modification).



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                                                                              Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices                                           81739

                                                  intermediate company(ies) involved in                   be the rate for the all-others established            Paperwork Reduction Act (44 U.S.C.
                                                  the transaction.3                                       in the less-than-fair-value investigation;            Chapter 35).
                                                     We intend to issue instructions to                   and (3) for subject merchandise                          Agency: National Technical
                                                  CBP 15 days after publication of the                    produced by PhosAgro but not exported                 Information Service (NTIS), Commerce.
                                                  final results of this review.                           by PhosAgro, the cash deposit rate will                  Title: Limited Access Death Master
                                                  Cash Deposit Requirements                               be the rate applicable to the exporter.               File Accredited Conformity Assessment
                                                                                                            These cash deposit requirements,                    Body Application for Firewalled Status
                                                     The following cash deposit                           when imposed, shall remain in effect                  (Firewalled Status Application Form).
                                                  requirements will be effective upon                     until further notice.                                    OMB Control Number: [0692–XXXX].
                                                  publication of the notice of final results                                                                       Form Number(s): NTIS FM101.
                                                  of the administrative and new shipper                   Notification to Importers
                                                                                                                                                                   Type of Request: New information
                                                  reviews for all shipments of solid urea                    This notice serves as a final reminder             collection.
                                                  from Russia entered, or withdrawn from                  to importers of their responsibility
                                                                                                                                                                   Number of Respondents: NTIS
                                                  warehouse, for consumption on or after                  under 19 CFR 351.402(f)(2) to file a
                                                                                                                                                                expects to receive approximately 560
                                                  the date of publication as provided by                  certificate regarding the reimbursement
                                                                                                                                                                applications and renewals for
                                                  section 751(a)(2) of the Act: (1) The cash              of antidumping duties prior to
                                                                                                                                                                certification every year for access to the
                                                  deposit rate with respect to the                        liquidation of the relevant entries
                                                                                                                                                                Limited Access Death Master File, of
                                                  administrative review respondent, MCC                   during this review period. Failure to
                                                                                                                                                                which it expects that approximately
                                                  EuroChem, will be 0.00 percent, the                     comply with this requirement could
                                                                                                                                                                20% of the required assessments will be
                                                  weighted average dumping margin                         result in the Secretary’s presumption
                                                  established in the final results of the                                                                       provided by Accredited Conformity
                                                                                                          that reimbursement of antidumping
                                                  administrative review; (2) for                                                                                Assessment Bodies that will seek
                                                                                                          duties occurred and the subsequent
                                                  merchandise exported by manufacturers                                                                         firewalled status in a given year.
                                                                                                          assessment of double antidumping
                                                  or exporters not covered in this                                                                              Accordingly, NTIS estimates that it will
                                                                                                          duties.
                                                  administrative review but covered in a                                                                        receive approximately 112 Firewalled
                                                  prior segment of the proceeding, the                    Notification Regarding Administrative                 Status Application Forms.
                                                  cash deposit rate will continue to be the               Protective Orders                                        Average Hours Per Response: 1 hour.
                                                  company-specific rate published for the                   This notice also serves as a reminder                  Burden Hours: 112 (112 × 1 hour =
                                                  most recently completed segment of this                 to parties subject to administrative                  112)
                                                  proceeding in which that manufacturer                   protective order (APO) of their                          Needs and Uses: NTIS issued a final
                                                  or exporter participated; (3) if the                    responsibility concerning the                         rule establishing a program through
                                                  exporter is not a firm covered in this                  destruction of proprietary information                which persons may become eligible to
                                                  administrative review, a prior review, or               disclosed under APO in accordance                     obtain access to Death Master File
                                                  the original investigation, but the                     with 19 CFR 351.305(a)(3). Timely                     (DMF) information about an individual
                                                  manufacturer is, the cash deposit rate                  written notification of the return or                 within three years of that individual’s
                                                  will be the rate established for the most               destruction of APO materials or                       death. The final rule was promulgated
                                                  recently completed segment of this                      conversion to judicial protective order is            under Section 203 of the Bipartisan
                                                  proceeding for the manufacturer of                      hereby requested. Failure to comply                   Budget Act of 2013, Pub. L. 113–67
                                                  subject merchandise; and (4) the cash                   with the regulations and terms of an                  (Act). The Act prohibits the Secretary of
                                                  deposit rate for all other manufacturers                APO is a sanctionable violation.                      Commerce (Secretary) from disclosing
                                                  or exporters will continue to be 64.93                    We are issuing and publishing these                 DMF information during the three-year
                                                  percent, the all-others rate established                results of administrative and new                     period following an individual’s death
                                                  in the original less-than-fair-value                    shipper reviews in accordance with                    (Limited Access DMF), unless the
                                                  investigation.4                                         sections 751(a)(1) 751(a)(2)(B)(iii),                 person requesting the information has
                                                     With respect to PhosAgro, the new                    751(a)(3)and 777(i)(1) of the Act and 19              been certified to access the Limited
                                                  shipper respondent, the Department                      CFR 351.213(h), 351.214 and                           Access DMF pursuant to certain criteria
                                                  established a combination cash deposit                  351.221(b)(5).                                        in a program that the Secretary
                                                  rate for this company, consistent with                                                                        establishes. The Secretary delegated the
                                                                                                            Dated: November 14, 2016.
                                                  its practice, as follows: (1) For subject                                                                     authority to carry out Section 203 to the
                                                                                                          Paul Piquado,
                                                  merchandise produced and exported by                                                                          Director of NTIS.
                                                                                                          Assistant Secretary for Enforcement and                  The final rule requires that, in order
                                                  PhosAgro, the cash deposit rate will be                 Compliance.
                                                  0.00 percent; (2) for subject merchandise                                                                     to become certified, a Person or
                                                                                                          [FR Doc. 2016–27819 Filed 11–17–16; 8:45 am]
                                                  exported by PhosAgro, but not produced                                                                        Certified Person must submit a written
                                                                                                          BILLING CODE 3510–DS–P
                                                  by PhosAgro, the cash deposit rate will                                                                       attestation from an ‘‘Accredited
                                                                                                                                                                Conformity Assessment Body’’ (ACAB),
                                                    3 See Antidumping and Countervailing Duty                                                                   as defined in the final rule, that such
                                                                                                          DEPARTMENT OF COMMERCE
                                                  Proceedings: Assessment of Antidumping Duties, 68                                                             Person has information security
                                                  FR 23954 (May 6, 2003).                                                                                       systems, facilities and procedures in
                                                    4 See Urea From the Union of Soviet Socialist         Submission for OMB Review;
                                                  Republics; Final Determination of Sales at Less         Proposed Information Collection;                      place to protect the security of the
                                                  Than Fair Value, 52 FR 19557 (May 26, 1987). Also       Comment Request; Limited Access                       Limited Access DMF, as required under
                                                  note that following the break-up of the Soviet          Death Master File Accredited                          Section 1110.102(a)(2) of the final rule.
                                                  Union, the antidumping duty order on solid urea                                                               A Certified Person also must provide a
mstockstill on DSK3G9T082PROD with NOTICES




                                                  from the Soviet Union was transferred to the            Conformity Assessment Body
                                                  individual members of the Commonwealth of               Application for Firewalled Status                     new written attestation periodically for
                                                  Independent States. See Solid Urea From the Union                                                             renewal of its certification as specified
                                                  of Soviet Socialist Republics; Transfer of the            The Department of Commerce will                     in the final rule. The ACAB must be
                                                  Antidumping Order on Solid Urea From the Union          submit to the Office of Management and                independent of the Person or Certified
                                                  of Soviet Socialist Republics to the Commonwealth
                                                  of Independent States and the Baltic States and
                                                                                                          Budget (OMB) for clearance the                        Person seeking certification, unless it is
                                                  Opportunity to Comment, 57 FR 28828 (June 29,           following proposal for collection of                  a third party conformity assessment
                                                  1992).                                                  information under the provisions of the               body which qualifies for ‘‘firewalled


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Document Created: 2018-02-14 08:32:17
Document Modified: 2018-02-14 08:32:17
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 18, 2016.
ContactMichael A. Romani or Andre Gziryan, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0198, and (202) 482-2201, respectively.
FR Citation81 FR 81738 

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