82_FR_9748 82 FR 9723 - Finished Carbon Steel Flanges From Spain: Preliminary Determination of Sales at Less Than Fair Value

82 FR 9723 - Finished Carbon Steel Flanges From Spain: Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 25 (February 8, 2017)

Page Range9723-9726
FR Document2017-02606

The Department of Commerce (the Department) preliminarily determines that finished carbon steel flanges from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2015, through March 31, 2016. The estimated weighted-average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 82 Issue 25 (Wednesday, February 8, 2017)
[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Notices]
[Pages 9723-9726]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02606]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-815]


Finished Carbon Steel Flanges From Spain: Preliminary 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that finished carbon steel flanges from Spain are being, or 
are

[[Page 9724]]

likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation (POI) is April 1, 2015, through March 31, 
2016. The estimated weighted-average dumping margins of sales at LTFV 
are shown in the ``Preliminary Determination'' section of this notice. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective February 8, 2017.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this investigation on July 20, 2016.\1\ We 
selected one mandatory respondent in this investigation, ULMA Forja, 
S.Coop (ULMA), which accounted for all imports of finished carbon steel 
flanges from Spain during the POI.\2\ For a complete description of the 
events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum that is dated concurrently with this 
determination and hereby adopted by this notice.\3\ A list of topics in 
the Preliminary Decision Memorandum is included as Appendix II to this 
notice.
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    \1\ See Finished Carbon Steel Flanges from India, Italy, and 
Spain: Initiation of Less-Than-Fair-Value Investigations, 81 FR 
49619 (July 28, 2016) (Initiation Notice).
    \2\ See Memorandum from Mark Flessner to Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, entitled, ``Respondent Selection for the Antidumping 
Duty Investigation of Finished Carbon Steel Flanges from Spain,'' 
dated November 18, 2016 (Respondent Selection Memorandum).
    \3\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, entitled ``Decision Memorandum for the Preliminary 
Determination in the Antidumping Duty Investigation of Finished 
Carbon Steel Flanges from Spain,'' dated concurrently with this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and is 
made available to the public via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Department's 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.

Scope of the Investigation

    The product covered by this investigation is finished carbon steel 
flanges from Spain. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' in Appendix I of 
this notice.

Scope Comments

    We received no comments from interested parties regarding the scope 
of the investigation as it appeared in the Initiation Notice. The scope 
published in the Initiation Notice contained typographical errors, 
which have been corrected in Appendix I.

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Tariff Act of 1930, as amended (the Act). Pursuant 
to section 776(a) of the Act, the Department preliminarily relied upon 
facts otherwise available to assign an estimated weighted-average 
dumping margin to the mandatory respondent in this investigation, 
because ULMA did not submit a response to the Department's 
questionnaire.\4\ Further, the Department preliminarily determines that 
ULMA failed to cooperate by not acting to the best of its ability to 
comply with a request for information, and has applied an adverse 
inference in selecting from the facts otherwise available (AFA) for 
ULMA, in accordance with section 776(b) of Act. For a full description 
of the methodology underlying our preliminary determination, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Letter from ULMA to the Secretary of Commerce entitled, 
``ULMA Piping's Notice of Intent Not To Respond To The Department's 
Questionnaire--Finished Carbon Steel Flanges from Spain,'' dated 
September 30, 2016.
---------------------------------------------------------------------------

All-Others Rate

    Section 733(d)(1)(A)(ii) of the Act provides that in the 
preliminary determination the Department shall determine an estimated 
``all-others'' rate for all exporters and producers not individually 
investigated, in accordance with section 735(c)(5) of the Act. Section 
735(c)(5)(A) of the Act states that generally the estimated rate for 
all-others shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins, and any margins determined entirely under section 776 
of the Act. The estimated weighted-average dumping margin determined 
for the individually examined respondent in this preliminary 
determination was determined entirely under section 776 of the Act. In 
an investigation where no weighted-average dumping margins other than 
zero, de minimis, or those determined entirely under section 776 of the 
Act have been established for individually examined entities, in 
accordance with section 735(c)(5)(B) of the Act, the Department has 
previously used the simple average of the margins calculated in the 
petition and applied the result to ``all-other'' entities not 
individually examined.\5\
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    \5\ See Steel Threaded Rod from Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013), unchanged in Steel Threaded Rod from 
Thailand: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, 79 FR 
14476, 14477 (March 14, 2014); see also Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Sodium Nitrite from 
the Federal Republic of Germany, 73 FR 21909 (April 23, 2008); 
unchanged in Notice of Final Determination of Sales at Less Than 
Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 
FR 38986 (July 8, 2008).
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    With respect to Spain, the petitioners calculated two margins in 
the Petition.\6\ Thus, consistent with our practice, we preliminarily 
assigned as the ``all-others'' rate in this investigation the simple 
average of the two dumping margins calculated for subject merchandise 
from Spain provided in the Petitions, as recalculated by the Department 
for initiation purposes, which is 18.81 percent.\7\
---------------------------------------------------------------------------

    \6\ See Letter from Weldbend Corporation and Boltex Mfg. Co., 
L.P. (collectively, petitioners) to the Secretary of the U.S. 
International Trade Commission and the Secretary of Commerce 
entitled, ``Finished Carbon Steel Flanges from Spain: 2nd 
Supplemental Questionnaire Response,'' dated July 13, 2016, at 2 and 
Exhibit 1. See also AD Investigation Initiation Checklist: Finished 
Carbon Steel Flanges from Spain (July 20, 2016) (in which the 
petition margins were recalculated for purposes of initiation).
    \7\ Id.
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Preliminary Determination

    The Department preliminarily determines that finished carbon steel 
flanges from Spain are being, or are likely to be, sold in the United 
States at LTFV, pursuant to section 733 of the Act, and that the 
following estimated

[[Page 9725]]

weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter/manufacturer                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop..........................................       24.43
All Others..................................................       18.81
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of finished carbon steel flanges from Spain, as described in 
the Scope of the Investigation in Appendix I, that are entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require cash deposits \8\ equal to the weighted-
average amount by which the normal value exceeds U.S. price, as 
indicated in the chart above, as follows: (1) The rate for the 
mandatory respondent listed above will be the respondent-specific rate 
we determined in this preliminary determination; (2) if the exporter is 
not a mandatory respondent identified above, but the producer is, the 
rate will be the specific rate established for the producer of the 
subject merchandise; and (3) the rate for all other producers or 
exporters will be the all-others rate. The suspension of liquidation 
instructions will remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days after public announcement of the preliminary 
determination in accordance with 19 CFR 351.224(b). Because the 
Department preliminarily applied a rate from the Petition as AFA to the 
mandatory respondent in this investigation, there are no calculations 
to disclose.

Verification

    Because the mandatory respondent in this investigation did not 
provide the information requested, the Department will not conduct 
verifications.

Public Comment

    Interested parties are invited to comment on this preliminary 
determination no later than 30 days after the date of publication of 
this preliminary determination.\9\ Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \10\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
within 30 days after the date of publication of this notice. Requests 
should contain the party's name, address, and telephone number, the 
number of participants, and a list of the issues to be discussed. If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
    All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Standard Time.

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we are notifying the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after our final determination whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: January 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation covers finished carbon steel 
flanges. Finished carbon steel flanges differ from unfinished carbon 
steel flanges (also known as carbon steel flange forgings) in that 
they have undergone further processing after forging, including, but 
not limited to, beveling, bore threading, center or step boring, 
face machining, taper boring, machining ends or surfaces, drilling 
bolt holes, and/or de-burring or shot blasting. Any one of these 
post-forging processes suffices to render the forging into a 
finished carbon steel flange for purposes of this investigation. 
However, mere heat treatment of a carbon steel flange forging 
(without any other further processing after forging) does not render 
the forging into a finished carbon steel flange for purposes of this 
investigation.
    While these finished carbon steel flanges are generally 
manufactured to specification ASME B16.5 or ASME B16.47 series A or 
series B, the scope is not limited to flanges produced under those 
specifications. All types of finished carbon steel flanges are 
included in the scope regardless of pipe size (which may or may not 
be expressed in inches of nominal pipe size), pressure class 
(usually, but not necessarily, expressed in pounds of pressure, 
e.g., 150, 300, 400, 600, 900, 1500, 2500, etc.), type of face 
(e.g., flat face, full face, raised face, etc.), configuration 
(e.g., weld neck, slip on, socket weld, lap joint, threaded, etc.), 
wall thickness (usually, but not necessarily, expressed in inches), 
normalization, or whether or not heat treated. These carbon steel 
flanges either meet or exceed the requirements of the ASTM A105, 
ASTM A694, ASTM A181, ASTM A350 and ASTM A707 standards (or 
comparable foreign specifications). The scope includes any flanges 
produced to the above-referenced ASTM standards as currently stated 
or as may be amended. The term ``carbon steel'' under this scope is 
steel in which:
    (a) Iron predominates, by weight, over each of the other 
contained elements;
    (b) the carbon content is 2 percent or less, by weight; and
    (c) none of the elements listed below exceeds the quantity, by 
weight, as indicated:
    (i) 0.87 percent of aluminum;
    (ii) 0.0105 percent of boron;
    (iii) 10.10 percent of chromium;
    (iv) 1.55 percent of columbium;
    (v) 3.10 percent of copper;
    (vi) 0.38 percent of lead;
    (vii) 3.04 percent of manganese;
    (viii) 2.05 percent of molybdenum;
    (ix) 20.15 percent of nickel;
    (x) 1.55 percent of niobium;
    (xi) 0.20 percent of nitrogen;
    (xii) 0.21 percent of phosphorus;
    (xiii) 3.10 percent of silicon;
    (xiv) 0.21 percent of sulfur;
    (xv) 1.05 percent of titanium;
    (xvi) 4.06 percent of tungsten;
    (xvii) 0.53 percent of vanadium; or

[[Page 9726]]

    (xviii) 0.015 percent of zirconium.
    Finished carbon steel flanges are currently classified under 
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff 
Schedule of the United States (HTSUS). They may also be entered 
under HTSUS subheadings 7307.91.5030 and 7307.91.5070. The HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Period of Investigation
4. Scope of the Investigation
5. Scope Comments
6. Application of Facts Available and Use of Adverse Inference
7. Calculation of All-Others Rate
8. Verification
9. Conclusion

[FR Doc. 2017-02606 Filed 2-7-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices                                                    9723

                                                    Decision Memorandum are identical in                    Secretary for Enforcement and                            to be the exporter-specific rate
                                                    content.                                                Compliance, U.S. Department of                           published for the most recently
                                                                                                            Commerce, within 30 days after the                       completed segment of this proceeding;
                                                    Preliminary Results of Review
                                                                                                            publication of this notice.9                             (2) for all PRC exporters of subject
                                                       The Department’s change in policy                    Electronically filed case briefs/written                 merchandise that have not been found
                                                    regarding conditional review of the                     comments and hearing requests must be                    to be entitled to a separate rate, the cash
                                                    PRC-wide entity applies to this AR.4                    received successfully in their entirety by               deposit rate will be the rate for the PRC-
                                                    Aside from RZBC, for which the AR is                    the Department’s electronic records                      wide entity, 156.87 percent; and (3) for
                                                    being rescinded, the Department                         system, ACCESS, by 5:00 p.m. Eastern                     all non-PRC exporters of subject
                                                    considers all other companies for which                 Time, within 30 days after the date of                   merchandise which have not received
                                                    a review was requested to be part of the                publication of this notice.10 Hearing                    their own rate, the cash deposit rate will
                                                    PRC-wide entity. Because Taihe did not                  requests should contain: (1) The party’s                 be the rate applicable to the PRC
                                                    respond to the Department’s original                    name, address and telephone number;                      exporter(s) that supplied that non-PRC
                                                    questionnaire and did not provide                       (2) the number of participants; and (3)                  exporter. These deposit requirements,
                                                    separate rate information, Taihe has not                a list of issues to be discussed. Issues                 when imposed, shall remain in effect
                                                    established its eligibility for separate                raised in the hearing will be limited to                 until further notice.
                                                    rate status and, therefore, is part of the              those issues raised in the respective case
                                                    PRC-wide entity.                                        briefs. If a request for a hearing is made,              Notification to Importers
                                                       In addition to Taihe, 14 companies                   parties will be notified of the time and                   This notice also serves as a
                                                    listed in the Initiation Notice and, thus,              date of the hearing which will be held                   preliminary reminder to importers of
                                                    subject to this AR, failed to provide                   at the U.S. Department of Commerce,                      their responsibility under 19 CFR
                                                    separate rate applications or separate                  1401 Constitution Avenue NW.,                            351.402(f)(2) to file a certificate
                                                    rate certifications necessary to establish              Washington, DC 20230.                                    regarding the reimbursement of
                                                    their eligibility for a separate rate.                     The Department intends to issue the                   antidumping duties prior to liquidation
                                                    Therefore, the Department preliminarily                 final results of this AR, including the                  of the relevant entries during this
                                                    determines that these 14 companies are                  results of its analysis of the issues raised             review period. Failure to comply with
                                                    not eligible for a separate rate and are                in any written briefs, not later than 120                this requirement could result in the
                                                    part of the PRC-wide entity.                            days after the date of publication of this               Department’s presumption that
                                                       The rate previously established for the              notice, unless extended, pursuant to                     reimbursement of antidumping duties
                                                    PRC-wide entity in this proceeding is                   section 751(a)(3)(A) of the Act.                         occurred and the subsequent assessment
                                                    156.87 percent.5 For additional                         Assessment Rates                                         of double antidumping duties.
                                                    information, see the Preliminary                                                                                   We are issuing and publishing these
                                                    Decision Memorandum.                                       Upon issuance of the final results, the               results in accordance with sections
                                                                                                            Department will determine, and CBP                       751(a)(1) and 777(i)(1) of the Act and 19
                                                    Disclosure and Public Comment                           shall assess, antidumping duties on all                  CFR 351.213 and 351.221(b)(4).
                                                       Interested parties may submit case                   appropriate entries covered by this
                                                                                                            review.11 The Department intends to                        Dated: January 31, 2017.
                                                    briefs and/or written comments, filed
                                                                                                            issue assessment instructions to CBP 15                  Ronald K. Lorentzen,
                                                    electronically using ACCESS, within 30
                                                    days of the date of publication of these                days after the publication date of the                   Acting Assistant Secretary for Enforcement
                                                                                                            final results of this review. The                        and Compliance.
                                                    preliminary results of review.6 Rebuttal
                                                    briefs, limited to issues raised in the                 Department intends to instruct CBP to                    Appendix
                                                    case briefs, will be due five days after                liquidate entries of subject merchandise
                                                                                                                                                                     List of Topics Discussed in the Preliminary
                                                    the due date for case briefs.7 Parties who              from the PRC-wide entity, including
                                                                                                                                                                     Decision Memorandum
                                                    submit case or rebuttal briefs in this                  entries of subject merchandise from
                                                                                                            Taihe, at 156.87 percent (the PRC-wide                   I. Summary
                                                    proceeding are requested to submit with                                                                          II. Background
                                                    each argument a statement of the issue,                 rate).12                                                 III. Partial Rescission
                                                    a summary of the argument not to                        Cash Deposit Requirements                                IV. Scope of the Order
                                                    exceed five pages, and a table of                                                                                V. Discussion of the Methodology
                                                    authorities.8                                              The following cash deposit                            VI. Recommendation
                                                       Further, interested parties who wish                 requirements will be effective upon
                                                                                                                                                                     [FR Doc. 2017–02528 Filed 2–7–17; 8:45 am]
                                                    to request a hearing must submit a                      publication of the final results of this
                                                                                                                                                                     BILLING CODE 3510–DS–P
                                                    written request to the Assistant                        AR for all shipments of the subject
                                                                                                            merchandise entered, or withdrawn
                                                      4 See Antidumping Proceedings: Announcement           from warehouse, for consumption on or                    DEPARTMENT OF COMMERCE
                                                    of Change in Department Practice for Respondent         after the publication date of the final
                                                    Selection in Antidumping Duty Proceedings and           results of review, as provided by section                International Trade Administration
                                                    Conditional Review of the Nonmarket Economy
                                                    Entity in NME Antidumping Duty Proceedings, 78
                                                                                                            751(a)(2)(C) of the Act: (1) For
                                                                                                            previously investigated or reviewed PRC                  [A–469–815]
                                                    FR 65963 (November 4, 2013). Under this policy,
                                                    the PRC-wide entity will not be under review            and non-PRC exporters which are not                      Finished Carbon Steel Flanges From
                                                    unless a party specifically requests, or the            under review in this segment of the
                                                    Department self-initiates, a review of the entity.                                                               Spain: Preliminary Determination of
                                                                                                            proceeding but which have separate
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Because no party requested a review of the PRC-                                                                  Sales at Less Than Fair Value
                                                    wide entity in this review, the entity’s rate (i.e.,    rates, the cash deposit rate will continue
                                                    156.87 percent) is not subject to change.                                                                        AGENCY:   Enforcement and Compliance,
                                                      5 See Citric Acid and Certain Citrate Salts from        9 See    19 CFR 351.310(c).                            International Trade Administration,
                                                    the People’s Republic of China: Final Results of          10 Id.
                                                                                                                                                                     Department of Commerce.
                                                    Antidumping Duty Administrative Review; 2013–             11 See19 CFR 351.212(b)(1).
                                                    2014, 80 FR 77323, 77324 (December 14, 2015).                                                                    SUMMARY: The Department of Commerce
                                                                                                              12 Fora full discussion of this practice, see Non-
                                                      6 See 19 CFR 351.309(c).
                                                                                                            Market Economy Antidumping Proceedings:
                                                                                                                                                                     (the Department) preliminarily
                                                      7 See 19 CFR 351.309(d).
                                                                                                            Assessment of Antidumping Duties, 76 FR 65694            determines that finished carbon steel
                                                      8 See 19 CFR 351.309(c).                              (October 24, 2011).                                      flanges from Spain are being, or are


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                                                    9724                       Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices

                                                    likely to be, sold in the United States at              Department of Commerce building. In                   others shall be an amount equal to the
                                                    less than fair value (LTFV). The period                 addition, a complete version of the                   weighted average of the estimated
                                                    of investigation (POI) is April 1, 2015,                Preliminary Decision Memorandum can                   weighted-average dumping margins
                                                    through March 31, 2016. The estimated                   be accessed directly on the internet at               established for exporters and producers
                                                    weighted-average dumping margins of                     http://enforcement.trade.gov/frn/. The                individually investigated, excluding any
                                                    sales at LTFV are shown in the                          signed Preliminary Decision                           zero and de minimis margins, and any
                                                    ‘‘Preliminary Determination’’ section of                Memorandum and the electronic                         margins determined entirely under
                                                    this notice. Interested parties are invited             version of the Preliminary Decision                   section 776 of the Act. The estimated
                                                    to comment on this preliminary                          Memorandum are identical in content.                  weighted-average dumping margin
                                                    determination.                                                                                                determined for the individually
                                                                                                            Scope of the Investigation
                                                    DATES: Effective February 8, 2017.                                                                            examined respondent in this
                                                                                                               The product covered by this                        preliminary determination was
                                                    FOR FURTHER INFORMATION CONTACT:                        investigation is finished carbon steel
                                                    Mark Flessner or Erin Kearney, AD/CVD                                                                         determined entirely under section 776
                                                                                                            flanges from Spain. For a full                        of the Act. In an investigation where no
                                                    Operations, Office VI, Enforcement and                  description of the scope of this
                                                    Compliance, International Trade                                                                               weighted-average dumping margins
                                                                                                            investigation, see the ‘‘Scope of the                 other than zero, de minimis, or those
                                                    Administration, U.S. Department of                      Investigation,’’ in Appendix I of this
                                                    Commerce, 1401 Constitution Avenue                                                                            determined entirely under section 776
                                                                                                            notice.                                               of the Act have been established for
                                                    NW., Washington, DC 20230; telephone:
                                                    (202) 482–6312 or (202) 482–0167,                       Scope Comments                                        individually examined entities, in
                                                    respectively.                                                                                                 accordance with section 735(c)(5)(B) of
                                                                                                              We received no comments from
                                                                                                                                                                  the Act, the Department has previously
                                                    SUPPLEMENTARY INFORMATION:                              interested parties regarding the scope of
                                                                                                                                                                  used the simple average of the margins
                                                                                                            the investigation as it appeared in the
                                                    Background                                                                                                    calculated in the petition and applied
                                                                                                            Initiation Notice. The scope published
                                                       The Department initiated this                                                                              the result to ‘‘all-other’’ entities not
                                                                                                            in the Initiation Notice contained
                                                    investigation on July 20, 2016.1 We                                                                           individually examined.5
                                                                                                            typographical errors, which have been
                                                    selected one mandatory respondent in                    corrected in Appendix I.                                With respect to Spain, the petitioners
                                                    this investigation, ULMA Forja, S.Coop                                                                        calculated two margins in the Petition.6
                                                    (ULMA), which accounted for all                         Methodology                                           Thus, consistent with our practice, we
                                                    imports of finished carbon steel flanges                  The Department is conducting this                   preliminarily assigned as the ‘‘all-
                                                    from Spain during the POI.2 For a                       investigation in accordance with section              others’’ rate in this investigation the
                                                    complete description of the events that                 731 of the Tariff Act of 1930, as                     simple average of the two dumping
                                                    followed the initiation of this                         amended (the Act). Pursuant to section                margins calculated for subject
                                                    investigation, see the Preliminary                      776(a) of the Act, the Department                     merchandise from Spain provided in the
                                                    Decision Memorandum that is dated                       preliminarily relied upon facts                       Petitions, as recalculated by the
                                                    concurrently with this determination                    otherwise available to assign an                      Department for initiation purposes,
                                                    and hereby adopted by this notice.3 A                   estimated weighted-average dumping                    which is 18.81 percent.7
                                                    list of topics in the Preliminary Decision              margin to the mandatory respondent in
                                                                                                                                                                  Preliminary Determination
                                                    Memorandum is included as Appendix                      this investigation, because ULMA did
                                                    II to this notice.                                      not submit a response to the                             The Department preliminarily
                                                       The Preliminary Decision                             Department’s questionnaire.4 Further,                 determines that finished carbon steel
                                                    Memorandum is a public document and                     the Department preliminarily                          flanges from Spain are being, or are
                                                    is made available to the public via                     determines that ULMA failed to                        likely to be, sold in the United States at
                                                    Enforcement and Compliance’s                            cooperate by not acting to the best of its            LTFV, pursuant to section 733 of the
                                                    Antidumping and Countervailing Duty                     ability to comply with a request for                  Act, and that the following estimated
                                                    Centralized Electronic Service System                   information, and has applied an adverse
                                                    (ACCESS). ACCESS is available to                        inference in selecting from the facts                   5 See Steel Threaded Rod from Thailand:
                                                    registered users at https://                            otherwise available (AFA) for ULMA, in                Preliminary Determination of Sales at Less Than
                                                    access.trade.gov, and is available to all               accordance with section 776(b) of Act.                Fair Value and Affirmative Preliminary
                                                    parties in the Department’s Central                                                                           Determination of Critical Circumstances, 78 FR
                                                                                                            For a full description of the                         79670, 79671 (December 31, 2013), unchanged in
                                                    Records Unit, Room B8024 of the main                    methodology underlying our                            Steel Threaded Rod from Thailand: Final
                                                                                                            preliminary determination, see the                    Determination of Sales at Less Than Fair Value and
                                                       1 See Finished Carbon Steel Flanges from India,
                                                                                                            Preliminary Decision Memorandum.                      Affirmative Final Determination of Critical
                                                    Italy, and Spain: Initiation of Less-Than-Fair-Value                                                          Circumstances, 79 FR 14476, 14477 (March 14,
                                                    Investigations, 81 FR 49619 (July 28, 2016)             All-Others Rate                                       2014); see also Notice of Preliminary Determination
                                                    (Initiation Notice).                                                                                          of Sales at Less Than Fair Value: Sodium Nitrite
                                                       2 See Memorandum from Mark Flessner to                 Section 733(d)(1)(A)(ii) of the Act                 from the Federal Republic of Germany, 73 FR 21909
                                                    Christian Marsh, Deputy Assistant Secretary for         provides that in the preliminary                      (April 23, 2008); unchanged in Notice of Final
                                                    Antidumping and Countervailing Duty Operations,         determination the Department shall                    Determination of Sales at Less Than Fair Value:
                                                    entitled, ‘‘Respondent Selection for the                                                                      Sodium Nitrite from the Federal Republic of
                                                    Antidumping Duty Investigation of Finished Carbon
                                                                                                            determine an estimated ‘‘all-others’’ rate            Germany, 73 FR 38986 (July 8, 2008).
                                                    Steel Flanges from Spain,’’ dated November 18,          for all exporters and producers not                     6 See Letter from Weldbend Corporation and

                                                    2016 (Respondent Selection Memorandum).                 individually investigated, in accordance              Boltex Mfg. Co., L.P. (collectively, petitioners) to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       3 See Memorandum from Gary Taverman,
                                                                                                            with section 735(c)(5) of the Act.                    the Secretary of the U.S. International Trade
                                                    Associate Deputy Assistant Secretary for                                                                      Commission and the Secretary of Commerce
                                                                                                            Section 735(c)(5)(A) of the Act states                entitled, ‘‘Finished Carbon Steel Flanges from
                                                    Antidumping and Countervailing Duty Operations,
                                                    to Paul Piquado, Assistant Secretary for                that generally the estimated rate for all-            Spain: 2nd Supplemental Questionnaire Response,’’
                                                    Enforcement and Compliance, entitled ‘‘Decision                                                               dated July 13, 2016, at 2 and Exhibit 1. See also AD
                                                    Memorandum for the Preliminary Determination in           4 See Letter from ULMA to the Secretary of          Investigation Initiation Checklist: Finished Carbon
                                                    the Antidumping Duty Investigation of Finished          Commerce entitled, ‘‘ULMA Piping’s Notice of          Steel Flanges from Spain (July 20, 2016) (in which
                                                    Carbon Steel Flanges from Spain,’’ dated                Intent Not To Respond To The Department’s             the petition margins were recalculated for purposes
                                                    concurrently with this notice (Preliminary Decision     Questionnaire—Finished Carbon Steel Flanges from      of initiation).
                                                    Memorandum).                                            Spain,’’ dated September 30, 2016.                      7 Id.




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                                                                               Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices                                                   9725

                                                    weighted-average dumping margins                        Public Comment                                          Dated: January 26, 2017.
                                                    exist:                                                                                                        Ronald K. Lorentzen,
                                                                                                             Interested parties are invited to                    Acting Assistant Secretary for Enforcement
                                                                                             Weighted-    comment on this preliminary                             and Compliance.
                                                                                              average     determination no later than 30 days
                                                          Exporter/manufacturer              dumping      after the date of publication of this                   Appendix I
                                                                                               margin
                                                                                             (percent)    preliminary determination.9 Rebuttal                    Scope of the Investigation
                                                                                                          briefs, limited to issues raised in case                   The scope of this investigation covers
                                                    ULMA Forja, S.Coop ..................           24.43 briefs, may be submitted no later than                  finished carbon steel flanges. Finished
                                                    All Others .................................... 18.81 five days after the deadline date for case              carbon steel flanges differ from unfinished
                                                                                                          briefs.10 Pursuant to 19 CFR                            carbon steel flanges (also known as carbon
                                                    Suspension of Liquidation                             351.309(c)(2) and (d)(2), parties who                   steel flange forgings) in that they have
                                                                                                                                                                  undergone further processing after forging,
                                                                                                          submit case briefs or rebuttal briefs in
                                                       In accordance with section 733(d)(2)                                                                       including, but not limited to, beveling, bore
                                                                                                          this proceeding are encouraged to                       threading, center or step boring, face
                                                    of the Act, we will direct U.S. Customs
                                                                                                          submit with each argument: (1) A                        machining, taper boring, machining ends or
                                                    and Border Protection (CBP) to suspend
                                                                                                          statement of the issue; (2) a brief                     surfaces, drilling bolt holes, and/or de-
                                                    liquidation of all entries of finished
                                                                                                          summary of the argument; and (3) a                      burring or shot blasting. Any one of these
                                                    carbon steel flanges from Spain, as                                                                           post-forging processes suffices to render the
                                                    described in the Scope of the                         table of authorities.
                                                                                                                                                                  forging into a finished carbon steel flange for
                                                    Investigation in Appendix I, that are                    Pursuant to 19 CFR 351.310(c),                       purposes of this investigation. However,
                                                    entered, or withdrawn from warehouse, interested parties who wish to request a                                mere heat treatment of a carbon steel flange
                                                    for consumption on or after the date of               hearing must submit a written request to                forging (without any other further processing
                                                    publication of this notice in the Federal the Assistant Secretary for Enforcement                             after forging) does not render the forging into
                                                    Register.                                             and Compliance, U.S. Department of                      a finished carbon steel flange for purposes of
                                                                                                          Commerce, within 30 days after the date                 this investigation.
                                                       Pursuant to section 733(d) of the Act                                                                         While these finished carbon steel flanges
                                                    and 19 CFR 351.205(d), we will instruct of publication of this notice. Requests                               are generally manufactured to specification
                                                    CBP to require cash deposits 8 equal to               should contain the party’s name,                        ASME B16.5 or ASME B16.47 series A or
                                                    the weighted-average amount by which                  address, and telephone number, the                      series B, the scope is not limited to flanges
                                                    the normal value exceeds U.S. price, as               number of participants, and a list of the               produced under those specifications. All
                                                    indicated in the chart above, as follows: issues to be discussed. If a request for                            types of finished carbon steel flanges are
                                                    (1) The rate for the mandatory                        a hearing is made, the Department                       included in the scope regardless of pipe size
                                                    respondent listed above will be the                   intends to hold the hearing at the U.S.                 (which may or may not be expressed in
                                                                                                                                                                  inches of nominal pipe size), pressure class
                                                    respondent-specific rate we determined Department of Commerce, 1401
                                                                                                          Constitution Avenue NW., Washington,                    (usually, but not necessarily, expressed in
                                                    in this preliminary determination; (2) if                                                                     pounds of pressure, e.g., 150, 300, 400, 600,
                                                    the exporter is not a mandatory                       DC 20230, at a time and date to be
                                                                                                                                                                  900, 1500, 2500, etc.), type of face (e.g., flat
                                                    respondent identified above, but the                  determined. Parties should confirm by                   face, full face, raised face, etc.), configuration
                                                    producer is, the rate will be the specific telephone the date, time, and location of                          (e.g., weld neck, slip on, socket weld, lap
                                                    rate established for the producer of the              the hearing two days before the                         joint, threaded, etc.), wall thickness (usually,
                                                    subject merchandise; and (3) the rate for scheduled date.                                                     but not necessarily, expressed in inches),
                                                    all other producers or exporters will be                 All documents must be filed                          normalization, or whether or not heat treated.
                                                    the all-others rate. The suspension of                                                                        These carbon steel flanges either meet or
                                                                                                          electronically using ACCESS. An                         exceed the requirements of the ASTM A105,
                                                    liquidation instructions will remain in               electronically-filed request must be                    ASTM A694, ASTM A181, ASTM A350 and
                                                    effect until further notice.                          received successfully in its entirety by                ASTM A707 standards (or comparable
                                                    Disclosure                                            ACCESS by 5:00 p.m. Eastern Standard                    foreign specifications). The scope includes
                                                                                                          Time.                                                   any flanges produced to the above-referenced
                                                       Normally, the Department discloses to                                                                      ASTM standards as currently stated or as
                                                    interested parties the calculations                   International Trade Commission (ITC)                    may be amended. The term ‘‘carbon steel’’
                                                    performed in connection with a                        Notification                                            under this scope is steel in which:
                                                    preliminary determination within five                                                                            (a) Iron predominates, by weight, over each
                                                                                                             In accordance with section 733(f) of                 of the other contained elements;
                                                    days after public announcement of the                 the Act, we are notifying the ITC of our                   (b) the carbon content is 2 percent or less,
                                                    preliminary determination in                          affirmative preliminary determination of                by weight; and
                                                    accordance with 19 CFR 351.224(b).                    sales at LTFV. If our final determination                  (c) none of the elements listed below
                                                    Because the Department preliminarily                  is affirmative, the ITC will determine                  exceeds the quantity, by weight, as indicated:
                                                    applied a rate from the Petition as AFA                                                                          (i) 0.87 percent of aluminum;
                                                                                                          before the later of 120 days after the date
                                                    to the mandatory respondent in this                                                                              (ii) 0.0105 percent of boron;
                                                                                                          of this preliminary determination or 45                    (iii) 10.10 percent of chromium;
                                                    investigation, there are no calculations
                                                                                                          days after our final determination                         (iv) 1.55 percent of columbium;
                                                    to disclose.
                                                                                                          whether these imports are materially                       (v) 3.10 percent of copper;
                                                    Verification                                          injuring, or threaten material injury to,                  (vi) 0.38 percent of lead;
                                                                                                          the U.S. industry.                                         (vii) 3.04 percent of manganese;
                                                       Because the mandatory respondent in                                                                           (viii) 2.05 percent of molybdenum;
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    this investigation did not provide the                   This determination is issued and                        (ix) 20.15 percent of nickel;
                                                    information requested, the Department                 published in accordance with sections                      (x) 1.55 percent of niobium;
                                                    will not conduct verifications.                       733(f) and 777(i)(1) of the Act and 19                     (xi) 0.20 percent of nitrogen;
                                                                                                          CFR 351.205(c).                                            (xii) 0.21 percent of phosphorus;
                                                      8 See Modification of Regulations Regarding the                                                                (xiii) 3.10 percent of silicon;
                                                    Practice of Accepting Bonds During the Provisional        9 See 19 CFR 351.309(c)(1)(i); see also 19 CFR         (xiv) 0.21 percent of sulfur;
                                                    Measures Period in Antidumping and                      351.303 (for general filing requirements).               (xv) 1.05 percent of titanium;
                                                    Countervailing Duty Investigations, 76 FR 61042           10 See 19 CFR 351.309(d); see also 19 CFR              (xvi) 4.06 percent of tungsten;
                                                    (October 3, 2011).                                      351.303 (for general filing requirements).               (xvii) 0.53 percent of vanadium; or



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                                                    9726                       Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices

                                                      (xviii) 0.015 percent of zirconium.                   I. Abstract                                             Affected Public: Individuals or
                                                      Finished carbon steel flanges are currently                                                                 households; state, local, or tribal
                                                    classified under subheadings 7307.91.5010                  This request is for extension of a
                                                                                                            currently approved information                        government.
                                                    and 7307.91.5050 of the Harmonized Tariff                                                                       Estimated Number of Respondents:
                                                    Schedule of the United States (HTSUS). They             collection.
                                                                                                                                                                  33.
                                                    may also be entered under HTSUS                            This information collection describes                Estimated Time per Response: Permit
                                                    subheadings 7307.91.5030 and 7307.91.5070.              special permits issued to participants in
                                                    The HTSUS subheadings are provided for                                                                        applications, 10 minutes; Community
                                                                                                            the Pacific halibut subsistence fishery in            harvest log, 30 minutes; Ceremonial or
                                                    convenience and customs purposes; the                   waters off the coast of Alaska and any
                                                    written description of the scope is                                                                           educational harvest log, 30 minutes;
                                                                                                            appeals resulting from denials. The                   Appeal for permit denial, 4 hours.
                                                    dispositive.
                                                                                                            National Marine Fisheries Service                       Estimated Total Annual Burden
                                                    Appendix II                                             (NMFS) designed the permits to work in                Hours: 17.
                                                    List of Topics Discussed in the Preliminary
                                                                                                            conjunction with other halibut harvest                  Estimated Total Annual Cost to
                                                    Decision Memorandum                                     assessment measures. Subsistence                      Public: $21 in recordkeeping/reporting
                                                                                                            fishing for halibut has occurred for                  costs.
                                                    1. Summary
                                                    2. Background
                                                                                                            many years among the Alaska Native
                                                                                                            people and non-Native people. Special                 IV. Request for Comments
                                                    3. Period of Investigation
                                                    4. Scope of the Investigation                           permits are initiated in response to the                 Comments are invited on: (a) Whether
                                                    5. Scope Comments                                       concerns of Native and community                      the proposed collection of information
                                                    6. Application of Facts Available and Use of            groups regarding increased restrictions               is necessary for the proper performance
                                                         Adverse Inference                                  in International Pacific Halibut                      of the functions of the agency, including
                                                    7. Calculation of All-Others Rate                       Commission Area 2C and include                        whether the information shall have
                                                    8. Verification                                         Community Harvest Permits,                            practical utility; (b) the accuracy of the
                                                    9. Conclusion                                           Ceremonial Permits, and Educational                   agency’s estimate of the burden
                                                    [FR Doc. 2017–02606 Filed 2–7–17; 8:45 am]              Permits.                                              (including hours and cost) of the
                                                    BILLING CODE 3510–DS–P                                     A Community Harvest Permit allows                  proposed collection of information; (c)
                                                                                                            the community or Alaska Native tribe to               ways to enhance the quality, utility, and
                                                                                                            appoint one or more individuals from                  clarity of the information to be
                                                    DEPARTMENT OF COMMERCE                                  its respective community or tribe to                  collected; and (d) ways to minimize the
                                                                                                            harvest subsistence halibut from a single             burden of the collection of information
                                                    National Oceanic and Atmospheric
                                                                                                            vessel under reduced gear and harvest                 on respondents, including through the
                                                    Administration
                                                                                                            restrictions.                                         use of automated collection techniques
                                                    Proposed Information Collection;                           Ceremonial and Educational Permits                 or other forms of information
                                                    Comment Request; Special                                are available exclusively to Alaska                   technology.
                                                    Subsistence Permits and Harvest Logs                    Native tribes. Eligible Alaska Native                    Comments submitted in response to
                                                    for Pacific Halibut in Waters Off Alaska                tribes may appoint only one Ceremonial                this notice will be summarized and/or
                                                                                                            Permit Coordinator per tribe for                      included in the request for OMB
                                                    AGENCY:National Oceanic and                             Ceremonial Permits or one authorized                  approval of this information collection;
                                                    Atmospheric Administration (NOAA),                      Instructor per tribe for Educational                  they also will become a matter of public
                                                    Commerce.                                               Permits.                                              record.
                                                                                                               Except for enrolled students fishing                 Dated: February 3, 2017.
                                                    ACTION:   Notice.
                                                                                                            under a valid Educational Permit,                     Sarah Brabson,
                                                    SUMMARY:    The Department of                           special permits require persons fishing
                                                                                                                                                                  NOAA PRA Clearance Officer.
                                                    Commerce, as part of its continuing                     under them to also possess a
                                                                                                                                                                  [FR Doc. 2017–02591 Filed 2–7–17; 8:45 am]
                                                    effort to reduce paperwork and                          Subsistence Halibut Registration
                                                                                                                                                                  BILLING CODE 3510–22–P
                                                    respondent burden, invites the general                  Certificate (SHARC) (see OMB No.
                                                    public and other Federal agencies to                    0648–0460) which identifies those
                                                    take this opportunity to comment on                     persons who are currently eligible for
                                                                                                            subsistence halibut fishing. Each of the              CORPORATION FOR NATIONAL AND
                                                    proposed and/or continuing information                                                                        COMMUNITY SERVICE
                                                    collections, as required by the                         instruments is designed to minimize the
                                                    Paperwork Reduction Act of 1995.                        reporting burden on subsistence halibut
                                                                                                                                                                  Proposed Information Collection;
                                                                                                            fishermen while retrieving essential
                                                    DATES:Written comments must be                                                                                Comment Request
                                                                                                            information.
                                                    submitted on or before April 10, 2017.                                                                        AGENCY: Corporation for National and
                                                                                                            II. Method of Collection
                                                    ADDRESSES:    Direct all written comments                                                                     Community Service.
                                                    to Jennifer Jessup, Departmental                           Respondents have a choice of either                ACTION: Notice.
                                                    Paperwork Clearance Officer,                            electronic or paper forms. Methods of
                                                    Department of Commerce, Room 6616,                      submittal include online, email of                    SUMMARY:    The Corporation for National
                                                    14th and Constitution Avenue NW.,                       electronic forms, mail, and facsimile                 and Community Service (CNCS), as part
                                                    Washington, DC 20230 (or via the                        transmission of paper forms.                          of its continuing effort to reduce
                                                                                                                                                                  paperwork and respondent burden,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Internet at JJessup@doc.gov).                           Educational Permits may not be applied
                                                                                                            for online.                                           conducts a pre-clearance consultation
                                                    FOR FURTHER INFORMATION CONTACT:                                                                              program to provide the general public
                                                    Requests for additional information or                  III. Data                                             and federal agencies with an
                                                    copies of the information collection                      OMB Control Number: 0648–0512.                      opportunity to comment on proposed
                                                    instruments and instructions should be                    Form Number: None.                                  and/or continuing collections of
                                                    directed to Rachel Baker, (907) 586–                      Type of Review: Regular submission                  information in accordance with the
                                                    7425 or rachel.baker@noaa.gov.                          (extension of a currently approved                    Paperwork Reduction Act of 1995
                                                    SUPPLEMENTARY INFORMATION:                              collection).                                          (PRA95) . This program helps to ensure


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Document Created: 2017-02-08 02:59:15
Document Modified: 2017-02-08 02:59:15
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 February 8, 2017.
ContactMark Flessner or Erin Kearney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167, respectively.
FR Citation82 FR 9723 

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