83 FR 5757 - Certain Steel Nails From Malaysia: Final Results of Antidumping Duty Administrative Review; 2014-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 28 (February 9, 2018)
International Trade Administration
Federal Register Volume 83, Issue 28 (February 9, 2018)
| Page Range | 5757-5759 | |
| FR Document | 2018-02628 |
[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)] [Notices] [Pages 5757-5759] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02628] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-557-816] Certain Steel Nails From Malaysia: Final Results of Antidumping Duty Administrative Review; 2014-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax), and Region International Co. Ltd. and Region System Sdn. Bhd. (collectively, Region) made sales of certain steel nails (steel nails) from Malaysia at prices below normal value during the period of review of December 29, 2014, through June 30, 2016. DATES: Applicable February 9, 2018. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Madeline Heeren, 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) 482-3931 or (202) 482-9179, respectively. SUPPLEMENTARY INFORMATION: Background On August 7, 2017, Commerce published the Preliminary Results.\1\ Commerce has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final results of this review is now February 6, 2018.\2\ A summary of the [[Page 5758]] events that occurred since Commerce published these results, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.\3\ --------------------------------------------------------------------------- \1\ See Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Certain Steel Nails from Malaysia; 2014-2016, 82 FR 36741 (August 7, 2017) (Preliminary Results). \2\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Certain Steel Nails from Malaysia; 2014-2016'', dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is certain steel nails. The certain steel nails subject to the order are currently classifiable under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails subject to these orders also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. For a complete description of the scope of the order, see the Issues and Decision Memorandum Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues raised by parties is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically 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 it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties, we made certain changes to the margin calculations for Region. For a discussion of these changes, see the ``Margin Calculations'' section of the Issues and Decision Memorandum. As a result of these changes, the weighted-average dumping margin also changed for the company not selected for individual examination. --------------------------------------------------------------------------- \4\ As we did not have a publicly ranged total U.S. sales value for Region for the period December 29, 2014, through June 30, 2016, in accordance with our practice, to calculate a weighted-average dumping margin for the non-examined company, Tag Fasteners Sdn. Bhd., the rate applied to this company is a simple average of the weighted-average dumping margins calculated for Inmax and Region. --------------------------------------------------------------------------- Final Results of the Review The final weighted-average dumping margins are as follows: \4\ ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd............... 1.03 Region International Co. Ltd. and Region System Sdn. Bhd.... 1.87 Tag Fasteners Sdn. Bhd...................................... 1.45 ------------------------------------------------------------------------ Disclosure We will disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Duty Assessment Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries.\5\ For any individually examined respondents whose weighted-average dumping margin is above de minimis, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). Upon issuance of the final results of this administrative review, if any importer-specific assessment rates calculated in the final results are above de minimis (i.e., at or above 0.5 percent), Commerce will issue instructions directly to CBP to assess antidumping duties on appropriate entries. --------------------------------------------------------------------------- \5\ In these final results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). --------------------------------------------------------------------------- To determine whether the duty assessment rates covering the period were de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), for each respondent we calculated importer (or customer)-specific ad valorem rates by aggregating the amount of dumping calculated for all U.S. sales to that importer or customer and dividing this amount by the total entered value of the sales to that importer (or customer). Where an importer (or customer)-specific ad valorem rate is greater than de minimis, and the respondent has reported reliable entered values, we will apply the assessment rate to the entered value of the importer's/customer's entries during the review period. We intend to issue assessment instructions directly to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of these final results, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for respondents noted above will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 2.66 percent, the all- others rate established in the antidumping investigation.\6\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \6\ See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015). --------------------------------------------------------------------------- [[Page 5759]] Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during the period of review. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing duties did occur and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: February 6, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Order V. Rate for Unexamined Respondents VI. Discussion of the Issues A. Inmax Comment 1: Revision of G&A Expenses B. Region Comment 2: Application of the Transactions Disregarded Analysis Comment 3: Revision of Interest Expense Ratio Comment 4: Correction of Clerical Errors in Its Preliminary Results VII. Recommendation [FR Doc. 2018-02628 Filed 2-8-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices 5757
nails from the UAE, covering the POR.1 Commerce understands the concerns Dated: February 5, 2018.
On August 2, 2017, Commerce placed raised by the petitioner,8 it would be James Maeder,
evidence on the record that the futile to conduct a review of a closed Associate Deputy Assistant Secretary
antidumping duty questionnaire was company. Because the questionnaire performing the duties of Deputy Assistant
undeliverable to Overseas Distribution was undeliverable with indications that Secretary for Antidumping and
Services, Inc., (ODS), the sole the business was closed, ODS being the Countervailing Duty Operations.
respondent subject to the review, at the only respondent under review, and the [FR Doc. 2018–02629 Filed 2–8–18; 8:45 am]
address provided.2 We requested an petitioner is unable to provide an BILLING CODE 3510–DS–P
alternate address from the petitioner, alternative address, we are rescinding
but the petitioner was unable to provide the administrative review of certain
one.3 Although we re-sent the steel nails from the UAE for the 2016– DEPARTMENT OF COMMERCE
questionnaire to the original and two 2017 POR.
available alternate addresses from other International Trade Administration
Assessment
segments of this proceeding,4 it [A–557–816]
continued to be undeliverable.5 We will instruct U.S. Customs and
Moreover, for two of the failed delivery Border Protection (CBP) to assess Certain Steel Nails From Malaysia:
attempts, the delivery company stated antidumping duties on all appropriate Final Results of Antidumping Duty
the business was closed. entries. Because Commerce is Administrative Review; 2014–2016
On January 23, 2018, Commerce rescinding this administrative review in
exercised its discretion to toll deadlines its entirety, the entries to which this AGENCY: Enforcement and Compliance,
for the duration of the closure of the administrative review pertained shall be International Trade Administration,
Federal Government from January 20 assessed antidumping duties at rates Department of Commerce.
through 22, 2018. If the new deadline equal to the cash deposit of estimated SUMMARY: The Department of Commerce
falls on a non-business day, in antidumping duties required at the time (Commerce) determines that Inmax Sdn.
accordance with Commerce’s practice, of entry, or withdrawal from warehouse, Bhd. and Inmax Industries Sdn. Bhd.
the deadline will become the next for consumption, in accordance with 19 (collectively, Inmax), and Region
business day. The revised deadline for CFR 351.212(c)(1)(i). Commerce intends International Co. Ltd. and Region
the preliminary determination of this to issue appropriate assessment System Sdn. Bhd. (collectively, Region)
review is now February 5, 2018.6 instructions to CBP 15 days after the made sales of certain steel nails (steel
publication of this notice. nails) from Malaysia at prices below
Rescission of Administrative Review
Notifications normal value during the period of
In instances when a questionnaire is review of December 29, 2014, through
returned because of an undeliverable This notice serves as a final reminder June 30, 2016.
address and the petitioner is unable to to importers of their responsibility
DATES: Applicable February 9, 2018.
provide an alternative address, under 19 CFR 351.402(f)(2) to file a
Commerce’s practice is to rescind the certificate regarding the reimbursement FOR FURTHER INFORMATION CONTACT:
review of the company.7 While of antidumping duties prior to Edythe Artman or Madeline Heeren,
liquidation of the relevant entries AD/CVD Operations, Office VI,
1 See Initiation of Antidumping and during this review period. Failure to Enforcement and Compliance,
Countervailing Duty Administrative Reviews, 82 FR comply with this requirement could International Trade Administration,
31292 (July 6, 2017); Petitioner’s Letter, ‘‘Certain result in Commerce’s presumption that U.S. Department of Commerce, 1401
Steel Nails from the United Arab Emirates: Request
for Administrative Review,’’ dated May 31, 2017. reimbursement of the antidumping Constitution Avenue NW, Washington,
2 See Memorandum, ‘‘Certain Steel Nails from the duties occurred and the subsequent DC 20230; telephone: (202) 482–3931 or
United Arab Emirates: Tracking of Documents to assessment of doubled antidumping (202) 482–9179, respectively.
Overseas Distribution Services, Inc.,’’ dated August duties. SUPPLEMENTARY INFORMATION:
2, 2017.
3 See Petitioner’s Letter, ‘‘Re: Certain Steel Nails
This notice also serves as a final
reminder to parties subject to Background
from the United Arab Emirates: Comments on
August 2, 2017 Memorandum to the File,’’ dated administrative protective order (APO) of On August 7, 2017, Commerce
August 14, 2017. their responsibility concerning the published the Preliminary Results.1
4 See Memorandum, ‘‘Certain Steel Nails from the
return or destruction of proprietary Commerce has exercised its discretion
United Arab Emirates: Alternate Contact
Information for Overseas Distribution Services,
information disclosed under APO in to toll deadlines for the duration of the
Inc.,’’ dated concurrently with this notice. accordance with 19 CFR 351.305, which closure of the Federal Government from
5 See Memorandum, ‘‘Certain Steel Nails from the continues to govern business January 20 through 22, 2018. If the new
United Arab Emirates: Second Tracking of proprietary information in this segment deadline falls on a non-business day, in
Documents to Overseas Distribution Services, Inc.,’’ of the proceeding. Timely written
dated January 24, 2018. accordance with Commerce’s practice,
6 See Memorandum, ‘‘Deadlines Affected by the notification of the return/destruction of the deadline will become the next
Shutdown of the Federal Government,’’ dated APO materials or conversion to judicial business day. The revised deadline for
January 23, 2018 (Tolling Memorandum). All protective order is hereby requested. the final results of this review is now
deadlines in this segment of the proceeding have Failure to comply with the regulations
been extended by three days.
February 6, 2018.2 A summary of the
7 See, e.g., Certain Steel Concrete Reinforcing Bars
and terms of an APO is a violation
from Turkey; Final Results and Rescission of which is subject to sanction. 1 See Issues and Decision Memorandum for the
Antidumping Duty Administrative Review in Part, This notice is issued and published in Final Results of the Administrative Review of the
sradovich on DSK3GMQ082PROD with NOTICES
71 FR 65082 (November 7, 2006); Certain Frozen accordance with sections 751(a)(1) and Antidumping Duty Order on Certain Steel Nails
Warmwater Shrimp from Thailand; Partial from Malaysia; 2014–2016, 82 FR 36741 (August 7,
777(i)(1) of the Tariff Act of 1930, as 2017) (Preliminary Results).
Rescission of Antidumping Duty Administrative
Review, 72 FR 50931 (September 5, 2007); amended, and 19 CFR 351.213(d)(4). 2 See Memorandum for The Record from
Uncovered Innerspring Units from the People’s Christian Marsh, Deputy Assistant Secretary for
Republic of China: Preliminary Results and 8 See Petitioner’s Letter, ‘‘Re: Certain Steel Nails Enforcement and Compliance, performing the non-
Rescission, in Part, of the Antidumping Duty from the United Arab Emirates: Comments on exclusive functions and duties of the Assistant
Administrative Review; 2016–2017, 82 FR 51602 January 24, 2018 Memorandum to the File,’’ dated Secretary for Enforcement and Compliance,
(November 7, 2017). January 31, 2018. Continued
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![Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices 5759
Notification to Importers Regarding the COMMITTEE FOR PURCHASE FROM Mandatory Source of Supply: VersAbility
Reimbursement of Duties PEOPLE WHO ARE BLIND OR Resources, Inc., Hampton, VA
Contracting Activity: National Park Service,
SEVERELY DISABLED
This notice also serves as a final NER Construction/IA/AE MABO (42000)
reminder to importers of their Procurement List; Proposed Additions Deletions
responsibility under 19 CFR 351.402(f) and Deletions
to file a certificate regarding the The following products are proposed
reimbursement of antidumping and/or AGENCY: Committee for Purchase From for deletion from the Procurement List:
countervailing duties prior to People Who Are Blind or Severely Products
liquidation of the relevant entries Disabled.
NSN(s)—Product Name(s):
during the period of review. Failure to ACTION: Proposed additions to and 7920–01–615–6967—Scrub Brush, Wire,
comply with this requirement could deletions from the Procurement List. Black Tempered, Ergonomic, 5″
result in Commerce’s presumption that 7920–01–615–6968—Wire Brush, Wire,
reimbursement of antidumping and/or SUMMARY: The Committee is proposing Knuckle Guard, Long Handle,
countervailing duties did occur and the to add services to the Procurement List Ergonomic, 6″ x 11⁄8″
subsequent assessment of doubled that will be provided by nonprofit 7920–01–615–6971—Scrub Brush, Wire,
agencies employing persons who are Knuckle Guard, Long Handle,
antidumping duties. Ergonomic, 6″ x 11⁄8″, w/built-in scraper
blind or have other severe disabilities,
Administrative Protective Order and deletes products previously 7920–01–615–6972—Scrub Brush,
Polypropylene Bristles, Extension Pole-
furnished by such agency.
This notice also serves as a reminder Compatible, 2″ x 8″
DATES: Comments must be received on 7920–01–615–6973—Scrub Brush, Wire,
to parties subject to administrative
protective orders (APO) of their or before March 11, 2018. Stainless, Ergonomic, 5″
ADDRESSES: Committee for Purchase Mandatory Source of Supply: Industries for
responsibility concerning the return or
From People Who Are Blind or Severely the Blind, Inc., West Allis, WI
destruction of proprietary information Contracting Activity: General Services
disclosed under APO in accordance Disabled, 1401 S. Clark Street, Suite
Administration, Fort Worth, TX
with 19 CFR 351.305(a)(3), which 715, Arlington, Virginia 22202–4149.
continues to govern business FOR FURTHER INFORMATION CONTACT: For Amy B. Jensen,
proprietary information in this segment further information or to submit Director, Business Operations.
of the proceeding. Timely written comments contact: Amy B. Jensen, [FR Doc. 2018–02651 Filed 2–8–18; 8:45 am]
notification of the return/destruction of Telephone: (703) 603–7740, Fax: (703) BILLING CODE 6353–01–P
APO materials, or conversion to judicial 603–0655, or email CMTEFedReg@
protective order, is hereby requested. AbilityOne.gov.
Failure to comply with the regulations SUPPLEMENTARY INFORMATION: This COMMITTEE FOR PURCHASE FROM
and the terms of an APO is a notice is published pursuant to 41 PEOPLE WHO ARE BLIND OR
sanctionable violation. U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its SEVERELY DISABLED
We are issuing and publishing this purpose is to provide interested persons Procurement List; Deletions
notice in accordance with sections an opportunity to submit comments on
751(a)(1) and 777(i)(1) of the Act and 19 the proposed actions. AGENCY: Committee for Purchase From
CFR 351.213(h). People Who Are Blind or Severely
Additions Disabled.
Dated: February 6, 2018.
If the Committee approves the ACTION: Deletions from the Procurement
Gary Taverman, proposed additions, the entities of the List.
Deputy Assistant Secretary for Antidumping Federal Government identified in this
and Countervailing Duty Operations, notice will be required to procure the SUMMARY: This action deletes products
performing the non-exclusive functions and from the Procurement List previously
services listed below from nonprofit
duties of the Assistant Secretary for furnished by nonprofit agencies
Enforcement and Compliance. agencies employing persons who are
blind or have other severe disabilities. employing persons who are blind or
Appendix The following services are proposed have other severe disabilities.
for addition to the Procurement List for DATES: Date deleted from the
List of Topics Discussed in the Final Issues
and Decision Memorandum production by the nonprofit agencies Procurement List: March 11, 2018.
listed: ADDRESSES: Committee for Purchase
I. Summary
II. List of Issues Services From People Who Are Blind or Severely
III. Background Disabled, 1401 S. Clark Street, Suite
Service Type: Grounds Maintenance Service
IV. Scope of the Order 715, Arlington, Virginia 22202–4149.
Mandatory for: U.S. Army Garrison Miami,
V. Rate for Unexamined Respondents U.S. Special Operations Command South FOR FURTHER INFORMATION CONTACT:
VI. Discussion of the Issues 29401 SW 125th Avenue, Bldg. 600, Amy B. Jensen, Telephone: (703) 603–
A. Inmax Homestead Air Reserve Base, FL 7740, Fax: (703) 603–0655, or email
Comment 1: Revision of G&A Expenses U.S. Army Garrison Miami, 3501 Granada CMTEFedReg@AbilityOne.gov.
B. Region Blvd., Coral Gables, FL SUPPLEMENTARY INFORMATION:
Comment 2: Application of the Mandatory Source of Supply: Goodwill
Industries of South Florida, Inc., Miami, Deletions
sradovich on DSK3GMQ082PROD with NOTICES
Transactions Disregarded Analysis
Comment 3: Revision of Interest Expense FL On 1/5/2018 (83 FR 4), the Committee
Ratio Contracting Activity: DEPT OF THE ARMY,
0410 AQ HQ
for Purchase From People Who Are
Comment 4: Correction of Clerical Errors in Blind or Severely Disabled published
Its Preliminary Results Service Type: Custodial Service
Mandatory for: National Park Service, notice of proposed deletions from the
VII. Recommendation
Colonial National Historical Park, 10815 Procurement List.
[FR Doc. 2018–02628 Filed 2–8–18; 8:45 am] George Washington Memorial Highway, After consideration of the relevant
BILLING CODE 3510–DS–P Yorktown, VA matter presented, the Committee has
VerDate Sep<11>2014 16:57 Feb 08, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1](https://thefederalregister.org/doc/83_FR_5785/page/3.svg)
Document Created: 2018-02-09 00:12:08
Document Modified: 2018-02-09 00:12:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable February 9, 2018. | |
| Contact | Edythe Artman or Madeline Heeren, 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) 482-3931 or (202) 482-9179, respectively. | |
| FR Citation | 83 FR 5757 |
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