83_FR_37619 83 FR 37471 - Polyester Staple Fiber From the Republic of Korea: Rescission of Antidumping Duty Administrative Review; 2017-2018

83 FR 37471 - Polyester Staple Fiber From the Republic of Korea: Rescission of Antidumping Duty Administrative Review; 2017-2018

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 148 (August 1, 2018)

Page Range37471-37472
FR Document2018-16448

The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on polyester staple fiber (PSF) from the Republic of Korea (Korea), based on the timely withdrawal of requests for review. The period of review (POR) is May 1, 2017, through April 30, 2018.

Federal Register, Volume 83 Issue 148 (Wednesday, August 1, 2018)
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Notices]
[Pages 37471-37472]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16448]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


Polyester Staple Fiber From the Republic of Korea: Rescission of 
Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty order on polyester staple 
fiber (PSF) from the Republic of Korea (Korea), based on the timely 
withdrawal of requests for review. The period of review (POR) is May 1, 
2017, through April 30, 2018.

DATES: Applicable August 1, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Brown, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3702.

SUPPLEMENTARY INFORMATION: 

Background

    On May 1, 2018, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on PSF 
from Korea for the POR of May 1, 2017, through April 30, 2018.\1\ On 
May 31, 2018, pursuant to 19 CFR 351.213, Commerce received a timely-
filed request from DAK Americas LLC and Auriga Polymers, Inc. 
(collectively, the petitioners) for an administrative review of, among 
others, Huvis Corporation (Huvis).\2\ Also on May 31, 2018, Huvis 
Corporation (Huvis) requested an administrative review of its POR 
sales.\3\ On July 12, 2018, in accordance with 19 CFR 351.221(c)(1)(i), 
Commerce published a notice of initiation of an administrative review 
of Huvis.\4\ On July 17 and 18, 2018, respectively, pursuant to 19 CFR 
351.213(d)(1), both the petitioners and Huvis timely withdrew their 
requests for an administrative review of Huvis.\5\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 19047 (May 1, 2018).
    \2\ See Letter from the petitioners, ``Polyester Staple Fiber 
from Korea--Request for Annual Administrative Review'' (May 31, 
2018). The petitioners also requested an administrative review of 
Toray Chemical Korea, Inc. (Toray). However, the petitioners 
withdrew their request for Toray before the review was initiated. 
See Letter from the petitioners, ``Polyester Staple Fiber from 
Korea--Withdrawal of Review Request for Toray Chemical Korea'' (June 
26, 2018). Thus, a review was not initiated for Toray.
    \3\ See Letter from Huvis, ``Certain Polyester Staple Fiber from 
Korea; Request for Administrative Review for 2017-2018 Period'' (May 
31, 2018).
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 32270 (July 12, 2018) (Notice of 
Initiation).
    \5\ See Letter from the petitioners, ``Polyester Staple Fiber 
from Korea--Withdrawal of Review Request for Huvis Corporation'' 
(July 17, 2018); see also Letter from Huvis, ``Certain Polyester 
Staple Fiber from Korea; Withdrawal of Request for Administrative 
Review for 2017-2018 Period'' (July 18, 2018).
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(l), Commerce will rescind an 
administrative review, in whole or in part, if the party, or parties, 
that requested a review withdraw(s) the request(s) within 90 days of 
the publication date of the notice of initiation of the requested 
review. As noted above, both the petitioners and Huvis withdrew their 
requests for review of Huvis within 90 days of the publication date of 
the notice of

[[Page 37472]]

initiation. No other parties requested an administrative review of the 
antidumping duty order on PSF from Korea. Therefore, in response to the 
timely withdrawal of requests for review and, in accordance with 19 CFR 
351.213(d)(l), Commerce is rescinding this review.

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries of PSF from Korea 
during the POR. Antidumping duties shall be assessed at rates equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption in accordance 
with 19 CFR 351.212(c)(l)(i). Commerce intends to issue appropriate 
assessment instructions to CBP 15 days after publication of this notice 
in the Federal Register.

Notification to Importers

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

Notification Regarding Administrative Protective Orders

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern the business proprietary information in this 
segment of the proceeding. Timely written notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: July 27, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-16448 Filed 7-31-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices                                                         37471

                                                  Dated: July 25, 2018.                                    ‘‘Sicilian-style,’’ and other similar olives) that       International Trade Administration,
                                                Gary Taverman,                                             have been processed by fermentation only, or             U.S. Department of Commerce, 1401
                                                                                                           by being cured in an alkaline solution for not           Constitution Avenue NW, Washington,
                                                Deputy Assistant Secretary for Antidumping
                                                                                                           longer than 12 hours and subsequently
                                                and Countervailing Duty Operations,                                                                                 DC 20230; telephone: (202) 482–3702.
                                                                                                           fermented; and (2) provisionally prepared
                                                performing the non-exclusive functions and                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                           olives unsuitable for immediate consumption
                                                duties of the Assistant Secretary for
                                                                                                           (currently classifiable in subheading 0711.20            Background
                                                Enforcement and Compliance.
                                                                                                           of the Harmonized Tariff Schedule of the
                                                Appendix                                                   United States (HTSUS)).                                    On May 1, 2018, Commerce published
                                                                                                              The merchandise subject to this order is              a notice of opportunity to request an
                                                Scope of the Order                                         currently classifiable under subheadings                 administrative review of the
                                                   The products covered by this order are                  2005.70.0230, 2005.70.0260, 2005.70.0430,                antidumping duty order on PSF from
                                                certain processed olives, usually referred to              2005.70.0460, 2005.70.5030, 2005.70.5060,                Korea for the POR of May 1, 2017,
                                                as ‘‘ripe olives.’’ The subject merchandise                2005.70.6020, 2005.70.6030, 2005.70.6050,                through April 30, 2018.1 On May 31,
                                                includes all colors of olives; all shapes and              2005.70.6060, 2005.70.6070, 2005.70.7000,
                                                                                                           2005.70.7510, 2005.70.7515, 2005.70.7520,
                                                                                                                                                                    2018, pursuant to 19 CFR 351.213,
                                                sizes of olives, whether pitted or not pitted,
                                                and whether whole, sliced, chopped, minced,                and 2005.70.7525 HTSUS. Subject                          Commerce received a timely-filed
                                                wedged, broken, or otherwise reduced in                    merchandise may also be imported under                   request from DAK Americas LLC and
                                                size; all types of packaging, whether for                  subheadings 2005.70.0600, 2005.70.0800,                  Auriga Polymers, Inc. (collectively, the
                                                consumer (retail) or institutional (food                   2005.70.1200, 2005.70.1600, 2005.70.1800,                petitioners) for an administrative review
                                                service) sale, and whether canned or                       2005.70.2300, 2005.70.2510, 2005.70.2520,                of, among others, Huvis Corporation
                                                packaged in glass, metal, plastic,                         2005.70.2530, 2005.70.2540, 2005.70.2550,                (Huvis).2 Also on May 31, 2018, Huvis
                                                multilayered airtight containers (including                2005.70.2560, 2005.70.9100, 2005.70.9300,                Corporation (Huvis) requested an
                                                pouches), or otherwise; and all manners of                 and 2005.70.9700. Although HTSUS                         administrative review of its POR sales.3
                                                preparation and preservation, whether low                  subheadings are provided for convenience
                                                                                                                                                                    On July 12, 2018, in accordance with 19
                                                acid or acidified, stuffed or not stuffed, with            and U.S. Customs purposes, they do not
                                                or without flavoring and/or saline solution,               define the scope of the order; rather, the               CFR 351.221(c)(1)(i), Commerce
                                                and including in ambient, refrigerated, or                 written description of the subject                       published a notice of initiation of an
                                                frozen conditions.                                         merchandise is dispositive.                              administrative review of Huvis.4 On
                                                   Included are all ripe olives grown,                     [FR Doc. 2018–16449 Filed 7–31–18; 8:45 am]              July 17 and 18, 2018, respectively,
                                                processed in whole or in part, or packaged                 BILLING CODE 3510–DS–P                                   pursuant to 19 CFR 351.213(d)(1), both
                                                in Spain. Subject merchandise includes ripe                                                                         the petitioners and Huvis timely
                                                olives that have been further processed in                                                                          withdrew their requests for an
                                                Spain or a third country, including but not                DEPARTMENT OF COMMERCE                                   administrative review of Huvis.5
                                                limited to curing, fermenting, rinsing,
                                                oxidizing, pitting, slicing, chopping,                     International Trade Administration                       Rescission of Review
                                                segmenting, wedging, stuffing, packaging, or                                                                          Pursuant to 19 CFR 351.213(d)(l),
                                                heat treating, or any other processing that                [A–580–839]
                                                would not otherwise remove the
                                                                                                                                                                    Commerce will rescind an
                                                merchandise from the scope of the order if                 Polyester Staple Fiber From the                          administrative review, in whole or in
                                                performed in Spain.                                        Republic of Korea: Rescission of                         part, if the party, or parties, that
                                                   Subject merchandise includes ripe olives                Antidumping Duty Administrative                          requested a review withdraw(s) the
                                                that otherwise meet the definition above that              Review; 2017–2018                                        request(s) within 90 days of the
                                                are packaged together with non-subject                                                                              publication date of the notice of
                                                products, where the smallest individual                    AGENCY:   Enforcement and Compliance,                    initiation of the requested review. As
                                                packaging unit (e.g., can, pouch, jar, etc.) of            International Trade Administration,                      noted above, both the petitioners and
                                                any such product—regardless of whether the                 Department of Commerce.                                  Huvis withdrew their requests for
                                                smallest unit of packaging is included in a                                                                         review of Huvis within 90 days of the
                                                                                                           SUMMARY: The Department of Commerce
                                                larger packaging unit (e.g., display case,
                                                etc.)—contains a majority (i.e., more than 50              (Commerce) is rescinding the                             publication date of the notice of
                                                percent) of ripe olives by net drained weight.             administrative review of the
                                                The scope does not include the non-subject                 antidumping duty order on polyester                        1 See Antidumping or Countervailing Duty Order,

                                                                                                           staple fiber (PSF) from the Republic of                  Finding, or Suspended Investigation; Opportunity
                                                components of such product.                                                                                         to Request Administrative Review, 83 FR 19047
                                                   Excluded from the scope are: (1) Specialty              Korea (Korea), based on the timely                       (May 1, 2018).
                                                olives 13 (including ‘‘Spanish-style,’’                    withdrawal of requests for review. The                     2 See Letter from the petitioners, ‘‘Polyester

                                                                                                           period of review (POR) is May 1, 2017,                   Staple Fiber from Korea—Request for Annual
                                                  13 Some of the major types of specialty olives and
                                                                                                           through April 30, 2018.                                  Administrative Review’’ (May 31, 2018). The
                                                their curing methods are:                                                                                           petitioners also requested an administrative review
                                                  • ‘‘Spanish-style’’ green olives: Spanish-style
                                                                                                           DATES: Applicable August 1, 2018.                        of Toray Chemical Korea, Inc. (Toray). However, the
                                                green olives have a mildly salty, slightly bitter taste,   FOR FURTHER INFORMATION CONTACT:                         petitioners withdrew their request for Toray before
                                                and are usually pitted and stuffed. This style of                                                                   the review was initiated. See Letter from the
                                                                                                           Robert Brown, AD/CVD Operations,                         petitioners, ‘‘Polyester Staple Fiber from Korea—
                                                olive is primarily produced in Spain and can be
                                                made from various olive varieties. Most are stuffed
                                                                                                           Office I, Enforcement and Compliance,                    Withdrawal of Review Request for Toray Chemical
                                                with pimento; other popular stuffings are jalapeno,                                                                 Korea’’ (June 26, 2018). Thus, a review was not
                                                garlic, and cheese. The raw olives that are used to        a full fermentation in a salt and lactic acid brine      initiated for Toray.
                                                produce Spanish-style green olives are picked while        for 4 to 9 months. These olives may be sold whole          3 See Letter from Huvis, ‘‘Certain Polyester Staple

                                                they are unripe, after which they are submerged in         unpitted, pitted, or stuffed.                            Fiber from Korea; Request for Administrative
                                                an alkaline solution for typically less than a day to         • ‘‘Kalamata’’ olives: Kalamata olives are slightly   Review for 2017–2018 Period’’ (May 31, 2018).
                                                partially remove their bitterness, rinsed, and             curved in shape, tender in texture, and purple in          4 See Initiation of Antidumping and
sradovich on DSK3GMQ082PROD with NOTICES




                                                fermented in a strong salt brine, giving them their        color, and have a rich natural tangy and savory          Countervailing Duty Administrative Reviews, 83 FR
                                                characteristic flavor.                                     flavor. This style of olive is produced in Greece        32270 (July 12, 2018) (Notice of Initiation).
                                                  • ‘‘Sicilian-style’’ green olives: Sicilian-style        using a Kalamata variety olive. The olives are             5 See Letter from the petitioners, ‘‘Polyester

                                                olives are large, firm green olives with a natural         harvested after they are fully ripened on the tree,      Staple Fiber from Korea—Withdrawal of Review
                                                bitter and savory flavor. This style of olive is           and typically use a brine-cured fermentation             Request for Huvis Corporation’’ (July 17, 2018); see
                                                produced in small quantities in the United States          method over 4 to 9 months in a salt brine.               also Letter from Huvis, ‘‘Certain Polyester Staple
                                                using a Sevillano variety of olive and harvested              • Other specialty olives in a full range of colors,   Fiber from Korea; Withdrawal of Request for
                                                green with a firm texture. Sicilian-style olives are       sizes, and origins, typically fermented in a salt        Administrative Review for 2017–2018 Period’’ (July
                                                processed using a brine-cured method, and undergo          brine for 3 months or more.                              18, 2018).



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                                                37472                       Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices

                                                initiation. No other parties requested an                  Dated: July 27, 2018.                               2007 to increase operational efficiency
                                                administrative review of the                             James Maeder,                                         and to optimize research funds
                                                antidumping duty order on PSF from                       Associate Deputy Assistant Secretary for              generated under the Monkfish RSA
                                                Korea. Therefore, in response to the                     Antidumping and Countervailing Duty                   Program. Amendment 2 to the Monkfish
                                                timely withdrawal of requests for review                 Operations performing the duties of Deputy            Fishery Management Plan (FMP) (70 FR
                                                                                                         Assistant Secretary for Antidumping and               21929; April 28, 2005) specifies that 500
                                                and, in accordance with 19 CFR
                                                                                                         Countervailing Duty Operations.                       RSA DAS are set aside each year to
                                                351.213(d)(l), Commerce is rescinding
                                                this review.
                                                                                                         [FR Doc. 2018–16448 Filed 7–31–18; 8:45 am]           support approved monkfish research
                                                                                                         BILLING CODE 3510–DS–P                                projects. Award recipients receive an
                                                Assessment                                                                                                     allocation of those 500 RSA DAS, and
                                                                                                                                                               their EFP limits the maximum weight of
                                                  Commerce will instruct U.S. Customs                    DEPARTMENT OF COMMERCE                                monkfish that may be landed under
                                                and Border Protection (CBP) to assess                                                                          their allocated RSA DAS. Projects are
                                                antidumping duties on all appropriate                    National Oceanic and Atmospheric                      constrained to the total DAS, maximum
                                                entries of PSF from Korea during the                     Administration                                        landing weight, or EFP expiration date,
                                                POR. Antidumping duties shall be                         RIN 0648–XG354                                        whichever is reached first. Since the
                                                assessed at rates equal to the cash                                                                            origination of the RSA program in 2007,
                                                deposit of estimated antidumping duties                  Magnuson-Stevens Act Provisions;                      no project has reached the total DAS or
                                                required at the time of entry, or                        General Provisions for Domestic                       maximum landing weight.
                                                withdrawal from warehouse, for                           Fisheries; Monkfish Research Set-                        Allowing vessels an exemption from
                                                consumption in accordance with 19                        Aside Exempted Fishing Permit                         monkfish landing limits provides an
                                                CFR 351.212(c)(l)(i). Commerce intends                   Adjustment                                            incentive for vessel owners to
                                                to issue appropriate assessment                                                                                participate in the Monkfish RSA
                                                                                                         AGENCY:  National Marine Fisheries                    Program. Constraining each project to a
                                                instructions to CBP 15 days after                        Service (NMFS), National Oceanic and
                                                publication of this notice in the Federal                                                                      maximum harvest limit ensures that the
                                                                                                         Atmospheric Administration (NOAA),                    overall Monkfish RSA catch will be
                                                Register.                                                Commerce.                                             consistent with DAS effort and total
                                                Notification to Importers                                ACTION: Notice; request for comments.                 mortality controls established for the
                                                                                                                                                               fishery as a whole. To calculate the
                                                   This notice serves as a final reminder                SUMMARY:    The Acting Assistant Regional             maximum weight allocation for each
                                                to importers of their responsibility                     Administrator for Sustainable Fisheries,              year’s 500 RSA DAS, we assign each
                                                under 19 CFR 351.402(f)(2) to file a                     Greater Atlantic Region, NMFS, has                    RSA DAS to be equal to twice the limit
                                                certificate regarding the reimbursement                  made a preliminary determination that                 for a Permit Category A or C monkfish
                                                of antidumping duties prior to                           an adjustment to increase the total                   vessel fishing in the Southern Fishery
                                                liquidation of the relevant entries                      weight of monkfish allowed to be                      Management Area (i.e., the highest
                                                during this review period. Failure to                    harvested under the two existing                      permissible landing limit within the
                                                                                                         exempted fishing permits issued for the               fishery). This means that annually, a
                                                comply with this requirement could
                                                                                                         2017 monkfish research set-aside                      maximum weight of 500 times this
                                                result in the presumption that
                                                                                                         program warrants further consideration.               calculated RSA DAS pound value may
                                                reimbursement of antidumping duties
                                                                                                         This notice provides interested parties               be harvested under the Monkfish RSA
                                                occurred and the subsequent assessment                   the opportunity to comment on the
                                                of double antidumping duties.                                                                                  program, and each project is limited to
                                                                                                         proposed change to these exempted                     this assigned weight value multiplied by
                                                Notification Regarding Administrative                    fishing permits.                                      their allocated number of RSA DAS.
                                                Protective Orders                                        DATES: Comments must be received on                      On April 28, 2017, we issued RSA
                                                                                                         or before August 16, 2018.                            compensation fishing EFPs to the
                                                  This notice also serves as a final                     ADDRESSES: You may submit written                     Cornell Cooperative Extension (Cornell)
                                                reminder to parties subject to                           comments by any of the following                      and the University of Massachusetts
                                                administrative protective order (APO) of                 methods:                                              School for Marine Science and
                                                their responsibility concerning the                         • Email: NMFS.GAR.EFP@noaa.gov.                    Technology (SMAST) for their 2017
                                                return or destruction of proprietary                     Include in the subject line ‘‘Comments                Monkfish RSA projects. At the time, the
                                                information disclosed under an APO in                    on 2017 Monkfish RSA DAS Pound                        associated monkfish landing weight for
                                                accordance with 19 CFR 351.305(a)(3),                    Increase.’’                                           each 2017 RSA DAS was 3,552 lb (1,611
                                                which continues to govern the business                      • Mail: Michael Pentony, Regional                  kg). Cornell was allocated 300 DAS for
                                                proprietary information in this segment                  Administrator, NMFS, Greater Atlantic                 a maximum weight limit of 1,065,600 lb
                                                of the proceeding. Timely written                        Regional Office, 55 Great Republic                    (483,348 kg) to fund their research.
                                                notification of the return or destruction                Drive, Gloucester, MA 01930. Mark the                 SMAST was allocated the remaining
                                                of APO materials or conversion to                        outside of the envelope ‘‘Comments on                 200 DAS, allowing 710,400 lb (322,232
                                                judicial protective order is hereby                      2017 Monkfish RSA DAS Pound                           kg) to be caught for their project.
                                                                                                         Increase.’’                                           However, on July 12, 2017, Framework
                                                requested. Failure to comply with the
                                                                                                                                                               Adjustment 10 to the Monkfish FMP (82
                                                regulations and terms of an APO is a                     FOR FURTHER INFORMATION CONTACT:                      FR 32145) increased the industry’s DAS
                                                sanctionable violation.                                  Cynthia Hanson, Fishery Management
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                                                                                                                                                               allocation and trip limits across the
                                                  This notice is issued and published in                 Specialist, 978–281–9180,                             whole monkfish fishery. As a part of the
                                                accordance with sections 751(a)(1) and                   Cynthia.Hanson@noaa.gov.                              Framework 10 changes, the possession
                                                777(i)(1) of the Act, and 19 CFR                         SUPPLEMENTARY INFORMATION: Exempted                   limit for Category A and C vessels in the
                                                351.213(d)(4).                                           Fishing Permits (EFP) that waive                      Southern Area increased from 1,776 lb
                                                                                                         monkfish landing limits for designated                (806 kg) to 2,037 lb (924 kg).
                                                                                                         Research Set-Aside (RSA) days-at-sea                     On June 8 and July 12, 2018, we
                                                                                                         (DAS) have been routinely issued since                received requests from Cornell and


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Document Created: 2018-08-01 01:22:43
Document Modified: 2018-08-01 01:22:43
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
DatesApplicable August 1, 2018.
ContactRobert Brown, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3702.
FR Citation83 FR 37471 

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