82 FR 55987 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 226 (November 27, 2017)
International Trade Administration
Federal Register Volume 82, Issue 226 (November 27, 2017)
| Page Range | 55987-55988 | |
| FR Document | 2017-25538 |
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)] [Notices] [Pages 55987-55988] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25538] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-979, C-570-980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on a request from Pitsco, Inc. d/b/a Pitsco Education (Pitsco), the Department of Commerce (the Department) is initiating changed circumstances reviews to consider the possible revocation, in part, of the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (PRC) with respect to certain solar panels, as described below. DATES: Applicable November 27, 2017. FOR FURTHER INFORMATION CONTACT: Lauren Caserta or Kaitlin Wojnar, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4737 and (202) 482-3857, respectively. SUPPLEMENTARY INFORMATION: Background On December 7, 2012, the Department published AD and CVD orders on certain crystalline silicon photovoltaic cells, whether or not assembled into modules, from the PRC.\1\ --------------------------------------------------------------------------- \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012) and Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People's Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (collectively, Orders). --------------------------------------------------------------------------- On October 6, 2017, Pitsco, an importer of the subject merchandise, requested through a changed circumstances review revocation, in part, of the Orders pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b),\2\ with respect to certain solar panels. On October 13, 2017, SolarWorld Americas, Inc. (the petitioner) submitted a letter stating that it does not oppose the scope exclusion language proposed by Pitsco.\3\ From October 25, 2017, through November 8, 2017,\4\ the Department consulted with both Pitsco and SolarWorld regarding revisions to the proposed exclusion language; specifically, the Department suggested limiting the language to a description of the physical characteristics of the product and also expressed concerns regarding the dimensions indicated in the description.\5\ --------------------------------------------------------------------------- \2\ See Pitsco's Letter, ``Request for Changed Circumstances Review (A-570-980; C-570-979),'' dated October 6, 2017. \3\ See SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion Language--Letter of No Opposition,'' dated October 13, 2017. \4\ See Memorandum, ``Ex Parte Communications with Adduci, Mastriani and Wiley Rein,'' dated November 13, 2017. \5\ Id. --------------------------------------------------------------------------- Accordingly, on November 10, 2017, Pitsco submitted the following revised exclusion language: \6\ --------------------------------------------------------------------------- \6\ See Pitsco's Letter, ``Amended Changed Circumstances Review (A-570-980; C-570-979),'' dated November 10, 2017. Excluded from the scope of these orders are panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. No panel shall contain an internal --------------------------------------------------------------------------- battery or external computer peripheral ports. On November 13, 2017, SolarWorld submitted a letter stating that it does not oppose the revised exclusion language submitted by Pitsco on November 10, 2017.\7\ --------------------------------------------------------------------------- \7\ See SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion Language--Letter of No Opposition,'' dated November 13, 2017. --------------------------------------------------------------------------- Scope of the Antidumping and Countervailing Duty Orders on Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China The merchandise covered by the orders is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. The orders cover crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of the orders. Excluded from the scope of the orders are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). [[Page 55988]] Also excluded from the scope of the orders are crystalline silicon photovoltaic cells, not exceeding 10,000 mm \2\ in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Modules, laminates, and panels produced in a third-country from cells produced in the PRC are covered by the orders; however, modules, laminates, and panels produced in the PRC from cells produced in a third-country are not covered by the orders. Merchandise covered by these orders is currently classified in the Harmonized Tariff System of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the orders is dispositive. Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Orders in Part Pursuant to section 751(b) of the Act, the Department will conduct a changed circumstances review upon receipt of a request from an interested party \8\ that shows changed circumstances sufficient to warrant a review of an order.\9\ Based on the information provided by Pitsco, the Department has determined that there exist changed circumstances sufficient to warrant changed circumstances reviews of the AD and CVD orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the PRC. We find that the petitioner's affirmative statement of no interest in the Orders with respect to the exclusionary text proposed by Pitsco, as revised by the Department and described above, constitutes good cause for the conduct of these reviews. --------------------------------------------------------------------------- \8\ Pitsco stated in its October 6, 2017 CCR request that it is an importer of subject merchandise and as such is an interested party pursuant to 19 CFR 351.102(b)(29). \9\ See 19 CFR 351.216. --------------------------------------------------------------------------- Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the order, in whole or in part. In addition, in the event the Department determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices of initiation and preliminary results. In its administrative practice, the Department has interpreted ``substantially all'' to mean producers accounting for at least 85 percent of the total U.S. production of the domestic like product covered by the order.\10\ --------------------------------------------------------------------------- \10\ See, e.g., Certain Cased Pencils from the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, and Intent To Revoke Order in Part, 77 FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, and Determination To Revoke Order, in Part, 77 FR 53176 (August 31, 2012). --------------------------------------------------------------------------- The petitioner states that it agrees with the exclusion request; however, because the petitioner did not indicate whether it accounts for substantially all of the domestic production of crystalline silicon photovoltaic cells, we are providing interested parties with the opportunity to address the issue of domestic industry support with respect to this requested partial revocation of the orders, as explained below. After examining comments, if any, concerning domestic industry support, the Department will issue the preliminary results of these changed circumstances reviews. Public Comment Interested parties are invited to provide comments and/or factual information regarding these changed circumstances reviews, including comments concerning industry support. Comments and factual information may be submitted to the Department no later than ten days after the date of publication of this notice. Rebuttal comments and rebuttal factual information may be filed with the Department no later than seven days after the comments and/or factual information are filed.\11\ All submissions must be filed electronically using Enforcement and Compliance's AD and CVD Centralized Electronic Service System (ACCESS).\12\ An electronically filed document must be received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the due dates set forth in this notice. --------------------------------------------------------------------------- \11\ Submission of rebuttal factual information must comply with 19 CFR 351.301(b)(2). \12\ See, generally, 19 CFR 351.303. --------------------------------------------------------------------------- The Department will issue preliminary results of these changed circumstances reviews, which will set forth the factual and legal conclusions upon which the preliminary results are based, and, in accordance with 19 CFR 351.221(c)(3)(i), will include a description of any action proposed because of those results. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of these reviews. In accordance with 19 CFR 351.216(e), the Department intends to issue the final results of these AD and CVD changed circumstance reviews within 270 days after the date on which the reviews are initiated, or within 45 days if all parties to the proceeding agree to the outcome of the review. This initiation is published in accordance with section 751(b)(1) of the Act and 19 CFR 351.221(b)(1). Dated: November 20, 2017. James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-25538 Filed 11-24-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices 55987
instructions to CBP 15 days after circumstances reviews to consider the Accordingly, on November 10, 2017,
publication of this notice. possible revocation, in part, of the Pitsco submitted the following revised
antidumping duty (AD) and exclusion language: 6
Notification to Importers
countervailing duty (CVD) orders on Excluded from the scope of these orders
This notice serves as a reminder to crystalline silicon photovoltaic cells, are panels with surface area from 3,450 mm2
importers of their responsibility under whether or not assembled into modules, to 33,782 mm2 with one black wire and one
19 CFR 351.402(f)(2) to file a certificate from the People’s Republic of China red wire (each of type 22 AWG or 24 AWG
regarding the reimbursement of (PRC) with respect to certain solar not more than 206 mm in length when
antidumping duties prior to liquidation panels, as described below. measured from panel extrusion), and not
of the relevant entries during this DATES: Applicable November 27, 2017. exceeding 2.9 volts, 1.1 amps, and 3.19 watts.
review period. Failure to comply with No panel shall contain an internal battery or
FOR FURTHER INFORMATION CONTACT: external computer peripheral ports.
this requirement could result in the Lauren Caserta or Kaitlin Wojnar, AD/
presumption that reimbursement of CVD Operations, Office VII, On November 13, 2017, SolarWorld
antidumping duties occurred and the Enforcement and Compliance, submitted a letter stating that it does not
subsequent assessment of doubled International Trade Administration, oppose the revised exclusion language
antidumping duties. U.S. Department of Commerce, 1401 submitted by Pitsco on November 10,
Notification Regarding Administrative Constitution Avenue NW., Washington, 2017.7
Protective Orders DC 20230; telephone: (202) 482–4737 Scope of the Antidumping and
This notice also serves as a reminder and (202) 482–3857, respectively. Countervailing Duty Orders on Certain
to parties subject to administrative SUPPLEMENTARY INFORMATION: Crystalline Silicon Photovoltaic Cells,
protective order (APO) of their Background Whether or Not Assembled Into
responsibility concerning the return or Modules, From the People’s Republic of
destruction of proprietary information On December 7, 2012, the Department China
disclosed under APO in accordance published AD and CVD orders on
certain crystalline silicon photovoltaic The merchandise covered by the
with 19 CFR 351.305, which continues
cells, whether or not assembled into orders is crystalline silicon photovoltaic
to govern business proprietary
modules, from the PRC.1 cells, and modules, laminates, and
information in this segment of the
On October 6, 2017, Pitsco, an panels, consisting of crystalline silicon
proceeding. Timely written notification
importer of the subject merchandise, photovoltaic cells, whether or not
of the return/destruction of APO
requested through a changed partially or fully assembled into other
materials or conversion to judicial circumstances review revocation, in products, including, but not limited to,
protective order is hereby requested. part, of the Orders pursuant to section modules, laminates, panels and building
Failure to comply with the regulations 751(b)(1) of the Tariff Act of 1930, as integrated materials.
and terms of an APO is a violation amended (the Act) and 19 CFR The orders cover crystalline silicon
which is subject to sanction. 351.216(b),2 with respect to certain solar
This notice is issued and published in photovoltaic cells of thickness equal to
panels. On October 13, 2017, or greater than 20 micrometers, having
accordance with sections 751 and
SolarWorld Americas, Inc. (the a p/n junction formed by any means,
777(i)(1) of the Act, and 19 CFR
petitioner) submitted a letter stating that whether or not the cell has undergone
351.213(d)(4). it does not oppose the scope exclusion other processing, including, but not
Dated: November 16, 2017. language proposed by Pitsco.3 From limited to, cleaning, etching, coating,
James Maeder, October 25, 2017, through November 8, and/or addition of materials (including,
Senior Director performing the duties of 2017,4 the Department consulted with but not limited to, metallization and
Deputy Assistant Secretary for Antidumping both Pitsco and SolarWorld regarding conductor patterns) to collect and
and Countervailing Duty Operations. revisions to the proposed exclusion forward the electricity that is generated
[FR Doc. 2017–25535 Filed 11–24–17; 8:45 am] language; specifically, the Department by the cell.
BILLING CODE 3510–DS–P suggested limiting the language to a Merchandise under consideration
description of the physical may be described at the time of
characteristics of the product and also importation as parts for final finished
DEPARTMENT OF COMMERCE expressed concerns regarding the products that are assembled after
dimensions indicated in the importation, including, but not limited
International Trade Administration description.5 to, modules, laminates, panels,
[A–570–979, C–570–980] building-integrated modules, building-
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
integrated panels, or other finished
Crystalline Silicon Photovoltaic Cells, goods kits. Such parts that otherwise
People’s Republic of China: Amended Final
Whether or Not Assembled Into Determination of Sales at Less Than Fair Value, meet the definition of merchandise
Modules, From the People’s Republic and Antidumping Duty Order, 77 FR 73018 under consideration are included in the
of China: Notice of Initiation of (December 7, 2012) and Crystalline Silicon
scope of the orders.
Changed Circumstances Reviews, and Photovoltaic Cells, Whether or Not Assembled into
Modules, From the People’s Republic of China: Excluded from the scope of the orders
Consideration of Revocation of the Countervailing Duty Order, 77 FR 73017 (December are thin film photovoltaic products
Antidumping and Countervailing Duty 7, 2012) (collectively, Orders). produced from amorphous silicon (a-Si),
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Orders in Part 2 See Pitsco’s Letter, ‘‘Request for Changed
cadmium telluride (CdTe), or copper
Circumstances Review (A–570–980; C–570–979),’’
AGENCY: Enforcement and Compliance, dated October 6, 2017. indium gallium selenide (CIGS).
International Trade Administration, 3 See SolarWorld’s Letter, ‘‘Pitsco, Inc.’s Scope
Department of Commerce. Exclusion Language—Letter of No Opposition,’’ 6 See Pitsco’s Letter, ‘‘Amended Changed
dated October 13, 2017. Circumstances Review (A–570–980; C–570–979),’’
SUMMARY: Based on a request from 4 See Memorandum, ‘‘Ex Parte Communications dated November 10, 2017.
Pitsco, Inc. d/b/a Pitsco Education with Adduci, Mastriani and Wiley Rein,’’ dated 7 See SolarWorld’s Letter, ‘‘Pitsco, Inc.’s Scope
(Pitsco), the Department of Commerce November 13, 2017. Exclusion Language—Letter of No Opposition,’’
(the Department) is initiating changed 5 Id. dated November 13, 2017.
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![55988 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices
Also excluded from the scope of the interest in the order, in whole or in part. based, and, in accordance with 19 CFR
orders are crystalline silicon In addition, in the event the Department 351.221(c)(3)(i), will include a
photovoltaic cells, not exceeding 10,000 determines that expedited action is description of any action proposed
mm 2 in surface area, that are warranted, 19 CFR 351.221(c)(3)(ii) because of those results. Pursuant to 19
permanently integrated into a consumer permits the Department to combine the CFR 351.221(b)(4)(ii), interested parties
good whose function is other than notices of initiation and preliminary will have an opportunity to comment on
power generation and that consumes the results. In its administrative practice, the preliminary results of these reviews.
electricity generated by the integrated the Department has interpreted In accordance with 19 CFR 351.216(e),
crystalline silicon photovoltaic cell. ‘‘substantially all’’ to mean producers the Department intends to issue the
Where more than one cell is accounting for at least 85 percent of the final results of these AD and CVD
permanently integrated into a consumer total U.S. production of the domestic changed circumstance reviews within
good, the surface area for purposes of like product covered by the order.10 270 days after the date on which the
this exclusion shall be the total The petitioner states that it agrees reviews are initiated, or within 45 days
combined surface area of all cells that with the exclusion request; however, if all parties to the proceeding agree to
are integrated into the consumer good. because the petitioner did not indicate the outcome of the review. This
Modules, laminates, and panels whether it accounts for substantially all initiation is published in accordance
produced in a third-country from cells of the domestic production of with section 751(b)(1) of the Act and 19
produced in the PRC are covered by the crystalline silicon photovoltaic cells, we CFR 351.221(b)(1).
orders; however, modules, laminates, are providing interested parties with the Dated: November 20, 2017.
and panels produced in the PRC from opportunity to address the issue of
James Maeder,
cells produced in a third-country are not domestic industry support with respect
Senior Director performing the duties of
covered by the orders. to this requested partial revocation of Deputy Assistant Secretary for Antidumping
Merchandise covered by these orders the orders, as explained below. After and Countervailing Duty Operations.
is currently classified in the examining comments, if any, concerning [FR Doc. 2017–25538 Filed 11–24–17; 8:45 am]
Harmonized Tariff System of the United domestic industry support, the
BILLING CODE 3510–DS–P
States (HTSUS) under subheadings Department will issue the preliminary
8501.61.0000, 8507.20.80, 8541.40.6020, results of these changed circumstances
8541.40.6030, and 8501.31.8000. These reviews. DEPARTMENT OF COMMERCE
HTSUS subheadings are provided for
convenience and customs purposes; the Public Comment
International Trade Administration
written description of the scope of the Interested parties are invited to
orders is dispositive. provide comments and/or factual Quarterly Update to Annual Listing of
information regarding these changed Foreign Government Subsidies on
Initiation of Changed Circumstances
circumstances reviews, including Articles of Cheese Subject to an In-
Reviews, and Consideration of
comments concerning industry support. Quota Rate of Duty
Revocation of the Orders in Part
Comments and factual information may
Pursuant to section 751(b) of the Act, be submitted to the Department no later AGENCY: Enforcement and Compliance,
the Department will conduct a changed than ten days after the date of International Trade Administration
circumstances review upon receipt of a Department of Commerce.
publication of this notice. Rebuttal
request from an interested party 8 that comments and rebuttal factual DATES: Applicable November 27, 2017.
shows changed circumstances sufficient information may be filed with the FOR FURTHER INFORMATION CONTACT:
to warrant a review of an order.9 Based Department no later than seven days Stephanie Moore, AD/CVD Operations,
on the information provided by Pitsco, after the comments and/or factual Office III, Enforcement and Compliance,
the Department has determined that information are filed.11 All submissions International Trade Administration,
there exist changed circumstances must be filed electronically using U.S. Department of Commerce, 1401
sufficient to warrant changed Enforcement and Compliance’s AD and Constitution Ave. NW., Washington, DC
circumstances reviews of the AD and CVD Centralized Electronic Service 20230, telephone: (202) 482–3692.
CVD orders on crystalline silicon System (ACCESS).12 An electronically SUPPLEMENTARY INFORMATION: Section
photovoltaic cells, whether or not filed document must be received 702 of the Trade Agreements Act of
assembled into modules, from the PRC. successfully in its entirety by ACCESS, 1979 (as amended) (the Act) requires the
We find that the petitioner’s affirmative by 5 p.m. Eastern Time on the due dates Department of Commerce (the
statement of no interest in the Orders set forth in this notice. Department) to determine, in
with respect to the exclusionary text The Department will issue consultation with the Secretary of
proposed by Pitsco, as revised by the preliminary results of these changed Agriculture, whether any foreign
Department and described above, circumstances reviews, which will set government is providing a subsidy with
constitutes good cause for the conduct forth the factual and legal conclusions respect to any article of cheese subject
of these reviews. upon which the preliminary results are to an in-quota rate of duty, as defined
Section 782(h)(2) of the Act and 19 in section 702(h) of the Act, and to
CFR 351.222(g)(1)(i) provide that the 10 See, e.g., Certain Cased Pencils from the publish quarterly updates to the type
Department may revoke an order (in People’s Republic of China: Initiation and and amount of those subsidies. We
whole or in part) if it determines that Preliminary Results of Antidumping Duty Changed
asabaliauskas on DSKBBXCHB2PROD with NOTICES
hereby provide the Department’s
producers accounting for substantially Circumstances Review, and Intent To Revoke Order
in Part, 77 FR 42276 (July 18, 2012), unchanged in quarterly update of subsidies on articles
all of the production of the domestic Certain Cased Pencils from the People’s Republic of of cheese that were imported during the
like product have expressed a lack of China: Final Results of Antidumping Duty Changed periods April 1, 2017, through June 30,
Circumstances Review, and Determination To 2017.
8 Pitsco stated in its October 6, 2017 CCR request Revoke Order, in Part, 77 FR 53176 (August 31,
2012).
The Department has developed, in
that it is an importer of subject merchandise and as
such is an interested party pursuant to 19 CFR 11 Submission of rebuttal factual information consultation with the Secretary of
351.102(b)(29). must comply with 19 CFR 351.301(b)(2). Agriculture, information on subsidies,
9 See 19 CFR 351.216. 12 See, generally, 19 CFR 351.303. as defined in section 702(h) of the Act,
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Document Created: 2017-11-25 01:08:49
Document Modified: 2017-11-25 01:08:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 27, 2017. | |
| Contact | Lauren Caserta or Kaitlin Wojnar, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4737 and (202) 482-3857, respectively. | |
| FR Citation | 82 FR 55987 |
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