82_FR_23628 82 FR 23530 - Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review; 2015-2016

82 FR 23530 - Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range23530-23531
FR Document2017-10522

On April 6, 2017, the Department of Commerce (Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on polyethylene retail carrier bags from Malaysia covering the period August 1, 2015 through July 31, 2016. The review covers one producer/exporter of subject merchandise, Euro SME Sdn Bhd (Euro SME). The Department preliminarily found that Euro SME did not have reviewable entries during the period of review (POR). The Department gave interested parties an opportunity to comment on the Preliminary Results, but we received no comments. Hence, the final results are unchanged from the Preliminary Results, and we continue to find that Euro SME did not have reviewable entries during the POR.

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23530-23531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10522]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Final Results of 
Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: On April 6, 2017, the Department of Commerce (Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on polyethylene 
retail carrier bags from Malaysia covering the period August 1, 2015 
through July 31, 2016. The review covers one producer/exporter of 
subject merchandise, Euro SME Sdn Bhd (Euro SME). The Department 
preliminarily found that Euro SME did not have reviewable entries 
during the period of review (POR). The Department gave interested 
parties an opportunity to comment on the Preliminary Results, but we 
received no comments. Hence, the final results are unchanged from the 
Preliminary Results, and we continue to find that Euro SME did not have 
reviewable entries during the POR.

DATES: Effective May 23, 2017.

FOR FURTHER INFORMATION CONTACT: Alex Rosen or Brendan Quinn, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-7814 or (202) 482-5848, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 6, 2017, the Department published the Preliminary 
Results.\1\ We invited interested parties to comment on the Preliminary 
Results,\2\ but received no comments. The Department conducted this 
review in accordance with section 751(a)(1)(B) of the Tariff Act of 
1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Polyethylene Retail Carrier Bags From Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 16792 (April 6, 2017) (Preliminary Results).
    \2\ Id., 82 FR at 16793.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to this antidumping duty order is 
polyethylene retail carrier bags (PRCBs), which also may be referred to 
as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. The 
subject merchandise is defined as non-sealable sacks and bags with 
handles (including drawstrings), without zippers or integral extruded 
closures, with or without gussets, with or without printing, of 
polyethylene film having a thickness no greater than 0.035 inch (0.889 
mm) and no less than 0.00035 inch (0.00889 mm), and with no length or 
width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6 
cm). The depth of the bag may be shorter than 6 inches (15.24 cm) but 
not longer than 40 inches (101.6 cm).
    PRCBs are typically provided without any consumer packaging and 
free of charge by retail establishments, e.g., grocery, drug, 
convenience, department, specialty retail, discount stores, and 
restaurants to their customers to package and carry their purchased 
products. The scope of this antidumping duty order excludes (1) PRCBs 
that are not printed with logos or store names and that are closeable 
with drawstrings made of polyethylene film and (2) PRCBs that are 
packed in consumer packaging with printing that refers to specific end-
uses other than packaging and carrying merchandise from retail 
establishments, e.g., garbage bags, lawn bags, trash-can liners.
    Imports of merchandise included within the scope of this 
antidumping duty order are currently classifiable under statistical 
category 3923.21.0085 of the Harmonized Tariff Schedule of the United 
States (HTSUS). This subheading may also cover products that are 
outside the scope of this antidumping duty order. Although the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the scope of this antidumping duty order is 
dispositive.

Final Determination of No Shipments

    As noted above, the Department received no comments from interested 
parties concerning the Preliminary Results on the record of this 
segment of the proceeding. As there are no changes from, or comments 
on, the Preliminary Results, the Department finds that there is no 
reason to modify its analysis. Thus, we continue to find that Euro SME 
had no reviewable transactions during the POR.\3\ Accordingly, no 
decision memorandum accompanies this Federal Register notice. For 
further details of the issues addressed in this proceeding, see the 
Preliminary Results.\4\
---------------------------------------------------------------------------

    \3\ See Preliminary Results, 82 FR at 16792-93.
    \4\ Id.
---------------------------------------------------------------------------

Assessment Rates

    The Department determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise, where applicable, in accordance with section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b). For entries of subject 
merchandise during the POR for which SME did not know its merchandise 
was destined for the United States, we will instruct CBP to liquidate 
un-reviewed entries at the all-others rate if there is no rate for the 
intermediate company involved in the transaction.\5\ The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of this review.
---------------------------------------------------------------------------

    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of this notice of 
final results of the administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For Euro SME, which claimed no shipments, 
the cash deposit rate will remain unchanged from the rate assigned to 
Euro SME in the most recently completed review of the company; (2) for 
previously investigated or reviewed companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is a firm not 
covered in this review, a prior review, or the less-than-fair-value 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters is 2.40 percent. 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

[[Page 23531]]

of antidumping duties prior to liquidation of the relevant entries 
during this POR. Failure to comply with this requirement could result 
in the Department's presumption that reimbursement of antidumping 
duties occurred and the subsequent assessment of double antidumping 
duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 final results and this notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

     Dated: May 17, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-10522 Filed 5-22-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                23530                          Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

                                                  Dated: May 17, 2017.                                  with section 751(a)(1)(B) of the Tariff               during the POR.3 Accordingly, no
                                                Matthew S. Borman,                                      Act of 1930, as amended (the Act).                    decision memorandum accompanies
                                                Deputy Assistant Secretary for Export                                                                         this Federal Register notice. For further
                                                                                                        Scope of the Order
                                                Administration.                                                                                               details of the issues addressed in this
                                                [FR Doc. 2017–10444 Filed 5–22–17; 8:45 am]                The merchandise subject to this                    proceeding, see the Preliminary
                                                BILLING CODE 3510–33–P                                  antidumping duty order is polyethylene                Results.4
                                                                                                        retail carrier bags (PRCBs), which also               Assessment Rates
                                                                                                        may be referred to as t-shirt sacks,
                                                DEPARTMENT OF COMMERCE                                  merchandise bags, grocery bags, or                       The Department determined, and U.S.
                                                                                                                                                              Customs and Border Protection (CBP)
                                                                                                        checkout bags. The subject merchandise
                                                International Trade Administration                                                                            shall assess, antidumping duties on all
                                                                                                        is defined as non-sealable sacks and
                                                                                                                                                              appropriate entries of subject
                                                                                                        bags with handles (including
                                                [A–557–813]                                                                                                   merchandise, where applicable, in
                                                                                                        drawstrings), without zippers or integral
                                                                                                                                                              accordance with section 751(a)(2)(C) of
                                                                                                        extruded closures, with or without
                                                Polyethylene Retail Carrier Bags From                                                                         the Act and 19 CFR 351.212(b). For
                                                                                                        gussets, with or without printing, of
                                                Malaysia: Final Results of Antidumping                                                                        entries of subject merchandise during
                                                                                                        polyethylene film having a thickness no
                                                Duty Administrative Review; 2015–                                                                             the POR for which SME did not know
                                                                                                        greater than 0.035 inch (0.889 mm) and
                                                2016                                                                                                          its merchandise was destined for the
                                                                                                        no less than 0.00035 inch (0.00889 mm),
                                                                                                                                                              United States, we will instruct CBP to
                                                AGENCY:   Enforcement and Compliance,                   and with no length or width shorter                   liquidate un-reviewed entries at the all-
                                                International Trade Administration,                     than 6 inches (15.24 cm) or longer than               others rate if there is no rate for the
                                                Department of Commerce.                                 40 inches (101.6 cm). The depth of the                intermediate company involved in the
                                                                                                        bag may be shorter than 6 inches (15.24               transaction.5 The Department intends to
                                                SUMMARY: On April 6, 2017, the
                                                                                                        cm) but not longer than 40 inches (101.6              issue assessment instructions to CBP 15
                                                Department of Commerce (Department)                     cm).
                                                published in the Federal Register the                                                                         days after the date of publication of the
                                                preliminary results of the administrative                  PRCBs are typically provided without               final results of this review.
                                                review of the antidumping duty order                    any consumer packaging and free of
                                                                                                        charge by retail establishments, e.g.,                Cash Deposit Requirements
                                                on polyethylene retail carrier bags from
                                                Malaysia covering the period August 1,                  grocery, drug, convenience, department,                  The following cash deposit
                                                2015 through July 31, 2016. The review                  specialty retail, discount stores, and                requirements will be effective for all
                                                                                                        restaurants to their customers to                     shipments of subject merchandise
                                                covers one producer/exporter of subject
                                                                                                        package and carry their purchased                     entered, or withdrawn from warehouse,
                                                merchandise, Euro SME Sdn Bhd (Euro
                                                                                                        products. The scope of this antidumping               for consumption on or after the
                                                SME). The Department preliminarily
                                                                                                        duty order excludes (1) PRCBs that are                publication date of this notice of final
                                                found that Euro SME did not have
                                                                                                        not printed with logos or store names                 results of the administrative review, as
                                                reviewable entries during the period of
                                                                                                        and that are closeable with drawstrings               provided by section 751(a)(2)(C) of the
                                                review (POR). The Department gave
                                                                                                        made of polyethylene film and (2)                     Act: (1) For Euro SME, which claimed
                                                interested parties an opportunity to
                                                                                                        PRCBs that are packed in consumer                     no shipments, the cash deposit rate will
                                                comment on the Preliminary Results,
                                                                                                        packaging with printing that refers to                remain unchanged from the rate
                                                but we received no comments. Hence,
                                                                                                        specific end-uses other than packaging                assigned to Euro SME in the most
                                                the final results are unchanged from the                                                                      recently completed review of the
                                                Preliminary Results, and we continue to                 and carrying merchandise from retail
                                                                                                        establishments, e.g., garbage bags, lawn              company; (2) for previously investigated
                                                find that Euro SME did not have                                                                               or reviewed companies not listed above,
                                                reviewable entries during the POR.                      bags, trash-can liners.
                                                                                                                                                              the cash deposit rate will continue to be
                                                DATES: Effective May 23, 2017.                             Imports of merchandise included                    the company-specific rate published for
                                                                                                        within the scope of this antidumping                  the most recent period; (3) if the
                                                FOR FURTHER INFORMATION CONTACT: Alex
                                                                                                        duty order are currently classifiable                 exporter is a firm not covered in this
                                                Rosen or Brendan Quinn, AD/CVD                          under statistical category 3923.21.0085
                                                Operations, Office III, Enforcement and                                                                       review, a prior review, or the less-than-
                                                                                                        of the Harmonized Tariff Schedule of                  fair-value investigation, but the
                                                Compliance, International Trade                         the United States (HTSUS). This
                                                Administration, U.S. Department of                                                                            manufacturer is, the cash deposit rate
                                                                                                        subheading may also cover products                    will be the rate established for the most
                                                Commerce, 1401 Constitution Avenue                      that are outside the scope of this
                                                NW., Washington, DC 20230; telephone:                                                                         recent period for the manufacturer of
                                                                                                        antidumping duty order. Although the                  the merchandise; and (4) the cash
                                                (202) 482–7814 or (202) 482–5848,                       HTSUS subheading is provided for
                                                respectively.                                                                                                 deposit rate for all other manufacturers
                                                                                                        convenience and customs purposes, the                 or exporters is 2.40 percent. These cash
                                                SUPPLEMENTARY INFORMATION:                              written description of the scope of this              deposit requirements, when imposed,
                                                                                                        antidumping duty order is dispositive.                shall remain in effect until further
                                                Background
                                                                                                        Final Determination of No Shipments                   notice.
                                                  On April 6, 2017, the Department
                                                published the Preliminary Results.1 We                     As noted above, the Department                     Notification to Importers
                                                invited interested parties to comment on                received no comments from interested                    This notice serves as a final reminder
                                                the Preliminary Results,2 but received                  parties concerning the Preliminary                    to importers of their responsibility
sradovich on DSK3GMQ082PROD with NOTICES




                                                no comments. The Department                             Results on the record of this segment of              under 19 CFR 351.402(f)(2) to file a
                                                conducted this review in accordance                     the proceeding. As there are no changes               certificate regarding the reimbursement
                                                                                                        from, or comments on, the Preliminary
                                                                                                                                                                3 See   Preliminary Results, 82 FR at 16792–93.
                                                  1 See Polyethylene Retail Carrier Bags From
                                                                                                        Results, the Department finds that there
                                                Malaysia: Preliminary Results of Antidumping Duty       is no reason to modify its analysis.
                                                                                                                                                                4 Id.

                                                Administrative Review; 2015–2016, 82 FR 16792                                                                   5 See Antidumping and Countervailing Duty
                                                (April 6, 2017) (Preliminary Results).                  Thus, we continue to find that Euro                   Proceedings: Assessment of Antidumping Duties, 68
                                                  2 Id., 82 FR at 16793.                                SME had no reviewable transactions                    FR 23954 (May 6, 2003).



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                                                                               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices                                                    23531

                                                of antidumping duties prior to                          Background                                             cash deposit of estimated antidumping
                                                liquidation of the relevant entries                        On April 10, 2017, based on a timely                duties required at the time of entry, or
                                                during this POR. Failure to comply with                 request for review on behalf of the Ad                 withdrawal from warehouse, for
                                                this requirement could result in the                    Hoc Shrimp Trade Action Committee                      consumption, in accordance with 19
                                                Department’s presumption that                           (the petitioner) 1 and the American                    CFR 351.212(c)(1)(i). The Department
                                                reimbursement of antidumping duties                     Shrimp Processors Association                          intends to issue appropriate assessment
                                                occurred and the subsequent assessment                  (Domestic Processors),2 the Department                 instructions to CBP 15 days after the
                                                of double antidumping duties.                           published in the Federal Register a                    publication of this notice in the Federal
                                                                                                        notice of initiation of an administrative              Register, if appropriate.
                                                Administrative Protective Order
                                                                                                        review of the antidumping duty order                   Notifications
                                                   This notice also serves as a reminder                on shrimp from the PRC covering the
                                                to parties subject to administrative                                                                              This notice serves as a final reminder
                                                                                                        period February 1, 2016, through
                                                protective order (APO) of their                                                                                to importers of their responsibility
                                                                                                        January 31, 2017.3 The review covers 84
                                                responsibility concerning the                           companies. On May 2, 2017, and May 9,                  under 19 CFR 351.402(f)(2) to file a
                                                disposition of proprietary information                  2017, the petitioner and Domestic                      certificate regarding the reimbursement
                                                disclosed under APO in accordance                       Processors withdrew their requests for                 of antidumping duties prior to
                                                with 19 CFR 351.305(a)(3). Timely                       an administrative review on all                        liquidation of the relevant entries
                                                written notification of the return or                   companies listed in the Initiation                     during this review period. Failure to
                                                destruction of APO materials, or                        Notice.4 No other party requested a                    comply with this requirement could
                                                conversion to judicial protective order,                review of these companies or any other                 result in the Department’s presumption
                                                is hereby requested. Failure to comply                  exporters of subject merchandise.                      that reimbursement of the antidumping
                                                with the regulations and terms of an                                                                           duties occurred and the subsequent
                                                                                                        Rescission of Review                                   assessment of doubled antidumping
                                                APO is a sanctionable violation.
                                                                                                          Pursuant to 19 CFR 351.213(d)(1), the                duties.
                                                   We are issuing and publishing these                                                                            This notice also serves as a final
                                                                                                        Department will rescind an
                                                final results and this notice in                                                                               reminder to parties subject to
                                                                                                        administrative review, in whole or in
                                                accordance with sections 751(a)(1) and                                                                         administrative protective order (APO) of
                                                                                                        part, if the party that requested the
                                                777(i) of the Act.                                                                                             their responsibility concerning the
                                                                                                        review withdraws its request within 90
                                                  Dated: May 17, 2017.                                  days of the publication of the notice of               return or destruction of proprietary
                                                Ronald K. Lorentzen,                                    initiation of the requested review. In                 information disclosed under APO in
                                                Acting Assistant Secretary for Enforcement              this case, the petitioner and Domestic                 accordance with 19 CFR 351.305(a)(3),
                                                and Compliance.                                         Processors timely withdrew their                       which continues to govern business
                                                [FR Doc. 2017–10522 Filed 5–22–17; 8:45 am]             request by the 90-day deadline, and no                 proprietary information in this segment
                                                BILLING CODE 3510–DS–P                                  other party requested an administrative                of the proceeding. Timely written
                                                                                                        review of the antidumping duty order.                  notification of the return or destruction
                                                                                                        As a result, pursuant to 19 CFR                        of APO materials, or conversion to
                                                DEPARTMENT OF COMMERCE                                  351.213(d)(1), we are rescinding the                   judicial protective order, is hereby
                                                                                                        administrative review of the                           requested. Failure to comply with the
                                                International Trade Administration                      antidumping order on shrimp from the                   regulations and terms of an APO is a
                                                                                                        PRC for the period February 1, 2016,                   violation which is subject to sanction.
                                                [A–570–893]                                             through January 31, 2017, in its entirety.                This notice is issued and published in
                                                                                                                                                               accordance with sections 751(a)(1) and
                                                Certain Frozen Warmwater Shrimp                         Assessment                                             777(i)(1) of the Tariff Act of 1930, as
                                                From the People’s Republic of China:                      The Department will instruct U.S.                    amended, and 19 CFR 351.213(d)(4).
                                                Rescission of Antidumping Duty                          Customs and Border Protection (CBP) to                   Dated: May 17, 2017.
                                                Administrative Review; 2016–2017                        assess antidumping duties on all                       Gary Taverman,
                                                                                                        appropriate entries. Because the
                                                                                                                                                               Deputy Assistant Secretary for Antidumping
                                                AGENCY:  Enforcement and Compliance,                    Department is rescinding this                          and Countervailing Duty Operations.
                                                International Trade Administration,                     administrative review in its entirety, the
                                                                                                                                                               [FR Doc. 2017–10483 Filed 5–22–17; 8:45 am]
                                                Commerce.                                               entries to which this administrative
                                                                                                                                                               BILLING CODE 3510–DS–P
                                                SUMMARY:  The Department of Commerce                    review pertained shall be assessed
                                                (the Department) is rescinding the                      antidumping duties at rates equal to the
                                                administrative review of the                               1 See Letter to the Secretary of Commerce from
                                                                                                                                                               DEPARTMENT OF COMMERCE
                                                antidumping duty order on certain                       the Ad Hoc Shrimp Trade Action Committee
                                                frozen warmwater shrimp (shrimp) from                   ‘‘Request for Administrative Reviews’’ (February 22,
                                                                                                                                                               National Oceanic and Atmospheric
                                                the People’s Republic of China (PRC) for                2017).                                                 Administration
                                                the period February 1, 2016, through                       2 See Letter to the Secretary of Commerce from
                                                                                                                                                               RIN 0648–XF439
                                                January 31, 2017.                                       the American Shrimp Processors Association
                                                                                                        ‘‘American Shrimp Processors Association’s
                                                DATES:   Effective May 23, 2017.                        Request for an Administrative Review’’ (February       South Atlantic Fishery Management
                                                                                                        28, 2017).                                             Council; Public Meeting
                                                FOR FURTHER INFORMATION CONTACT:    Ian                    3 See Initiation of Antidumping and
sradovich on DSK3GMQ082PROD with NOTICES




                                                Hamilton, AD/CVD Operations, Office                     Countervailing Duty Administrative Reviews, 82 FR      AGENCY:  National Marine Fisheries
                                                V, Enforcement and Compliance,                          17188 (April 10, 2017) (Initiation Notice).            Service (NMFS), National Oceanic and
                                                International Trade Administration,
                                                                                                           4 See Letter to the Secretary of Commerce from
                                                                                                                                                               Atmospheric Administration (NOAA),
                                                                                                        the petitioner ‘‘Domestic Producers’ Withdrawal of     Commerce.
                                                U.S. Department of Commerce, 1401                       Review Requests’’ (May 2, 2017); Letter to the
                                                Constitution Avenue NW., Washington,                    Secretary of Commerce from Domestic Processors         ACTION: Notice of public meetings.
                                                DC 20230; telephone: (202) 482–4798.                    ‘‘Withdrawal of Review Requests on Behalf of the
                                                                                                        American Shrimp Processors Association’’ (May 9,       SUMMARY:The South Atlantic Fishery
                                                SUPPLEMENTARY INFORMATION:                              2017).                                                 Management Council (Council) will


                                           VerDate Sep<11>2014   21:15 May 22, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\23MYN1.SGM   23MYN1



Document Created: 2017-05-23 02:14:32
Document Modified: 2017-05-23 02:14:32
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 May 23, 2017.
ContactAlex Rosen or Brendan Quinn, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7814 or (202) 482-5848, respectively.
FR Citation82 FR 23530 

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