Foreign-Trade Zone 123 Denver, Colorado, Application For Subzone, the Eastman Kodak Company, (X-ray film, Color Paper, Digital Media, Inkjet Paper, and Entertainment Imaging), Windsor, Colorado, 46474-46475 [05-15823]

Download as PDF 46474 Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Notices RUS will use input provided by government agencies, private organizations, and the public in the preparation of a Draft EIS. The Draft EIS will be available for review and comment for 45 days. A Final EIS will then be prepared that considers all comments received. The Final EIS will be available for review and comment for 30 days. Following the 30-day comment period, RUS will prepare a Record of Decision (ROD). Notices announcing the availability of the Draft and Final EIS and the ROD will be published in the Federal Register and in local newspapers. Any final action by RUS related to the proposed project will be subject to, and contingent upon, compliance with all relevant Federal, State and local environmental laws and regulations and completion of the environmental review requirements as prescribed in the RUS Environmental Policies and Procedures (7 CFR part 1794). Dated: August 4, 2005. Glendon D. Deal, Director, Engineering and Environmental Staff, Water and Environmental Programs, Rural Utilities Service. [FR Doc. 05–15766 Filed 8–9–05; 8:45 am] BILLING CODE 3410–15–P ANTITRUST MODERNIZATION COMMISSION Request for Public Comment Antitrust Modernization Commission. ACTION: Request for public comment. AGENCY: SUMMARY: The Antitrust Modernization Commission requests comments from the public regarding specific questions relating to the issues selected for Commission study. DATES: Comments are due by September 30, 2005. ADDRESSES: By electronic mail: comments@amc.gov. By mail: Antitrust Modernization Commission, Attn: Public Comments, 1120 G Street, NW., Suite 810, Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Andrew J. Heimert, Executive Director & General Counsel, Antitrust Modernization Commission. Telephone: (202) 233–0701; e-mail: info@amc.gov. Internet: http://www.amc.gov. SUPPLEMENTARY INFORMATION: The Antitrust Modernization Commission was established to ‘‘examine whether the need exists to modernize the antitrust laws and to identify and study related issues.’’ Antitrust Modernization Commission Act of 2002, Pub. L. 107– VerDate jul<14>2003 15:02 Aug 09, 2005 Jkt 205001 273, § 11053, 116 Stat. 1856. In conducting its review of the antitrust laws, the Commission is required to ‘‘solicit the views of all parties concerned with the operation of the antitrust laws.’’ Id. By this request for comments, the Commission seeks to provide a full opportunity for interested members of the public to provide input regarding certain issues selected for Commission study. From time to time, the Commission may issue additional requests for comment on issues selected for study. Comments should be submitted in written form. Comments should identify the topic to which it relates. Comments need not address every question within the topic. Comments exceeding 1500 words should include a brief (less than 250 word) summary. Commenters may submit additional background materials (such as articles, data, or other information) relating to the topic by separate attachment. Comments should identify the person or organization submitting the comments. If comments are submitted by an organization, the submission should identify a contact person within the organization. Comments should include the following contact information for the submitter: an address, telephone number, and e-mail address (if available). Comments submitted to the Commission will be made available to the public in accordance with federal laws. Comments may be submitted either in hard copy or electronic form. Electronic submissions may be sent by electronic mail to comments@amc.gov. Comments submitted in hard copy should be delivered to the address specified above, and should enclose, if possible, a CD– ROM or a 31⁄2-inch computer diskette containing an electronic copy of the comment. The Commission prefers to receive electronic documents (whether by e-mail or on CD–ROM/diskette) in portable document format (.pdf), but also will accept comments in Microsoft Word format. The AMC has issued this request for comments pursuant to its authorizing statute and the Federal Advisory Committee Act. Antitrust Modernization Commission Act of 2002, Pub. L. 107– 273, § 11053, 116 Stat. 1758, 1856; Federal Advisory Committee Act, 5 U.S.C. App., § 10(a)(3). should there be a means for differentiation based on differences in the severity or culpability of the behavior? A. Do the Sentencing Guidelines provide an adequate method of distinguishing between violations with differing degrees of culpability? For example, should the Sentencing Guidelines provide distinctions between different types of antitrust crimes (e.g., price fixing versus monopolization)? B. The Sentencing Guidelines use 20% of the volume of commerce affected as the starting point for computation of corporate antitrust fines. See United States Sentencing Commission, Guidelines Manual § 2R1.1 (2004). Does the volume of commerce provide an adequate measure for setting fines? If not, what other measure(s) or methods would provide a more appropriate way for the Guidelines to establish fine levels? 2. The Sherman Act provides for a maximum fine of $100 million (or, previously, $10 million). The government may seek criminal fines in excess of that maximum pursuant to 18 U.S.C. 3571(d). A. Should ‘‘twice the gross gain or twice the gross loss’’ as provided in Section 3571(d) be calculated based on the gain or loss from all coconspirator sales or on only the defendant’s sales? B. Should fines above the statutory maximum, and thus limited by Section 3571(d), be based on 20% of gross sales as provided for in the Sentencing Guidelines, as they are for fines below the statutory maximum, or should they be calculated differently? If differently, how should they be calculated? Dated: August 4, 2005. By direction of the Antitrust Modernization Commission. Andrew J. Heimert, Executive Director & General Counsel, Antitrust Modernization Commission. [FR Doc. 05–15806 Filed 8–9–05; 8:45 am] BILLING CODE 6820–YM–P DEPARTMENT OF COMMERCE Foreign–Trade Zones Board (Docket 37–2005) Topic for Comment The Commission requests comment on the following topic. Foreign–Trade Zone 123 Denver, Colorado, Application For Subzone, the Eastman Kodak Company, (X–ray film, Color Paper, Digital Media, Inkjet Paper, and Entertainment Imaging), Windsor, Colorado Criminal Remedies 1. In setting corporate fines for criminal Sherman Act violations, An application has been submitted to the Foreign–Trade Zones Board (the Board) by the City and County of PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1 Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Notices Denver, Colorado, grantee of FTZ 123, requesting special–purpose subzone status with manufacturing authority (X– ray film, color paper, digital media, inkjet paper, and entertainment imaging) for the facilities of the Eastman Kodak Company (Kodak), located in Windsor, Colorado. The application was submitted pursuant to the Foreign– Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally filed on August 1, 2005. The facilities for which subzone status is proposed are on one site (800 acres total; 3.2 million sq. ft. of enclosed space) located at 9952 Eastman Park Drive in Windsor, Colorado. The facilities (approximately 1650 full- and part–time employees) would be used initially under FTZ procedures for manufacturing, processing, warehousing, and distributing printer cartridges and thermal media, which have duty rates ranging from duty–free to 3.7% ad valorem. For Kodak’s current manufacturing, foreign–sourced materials account for approximately 50 percent of finished–product value. The application lists thermal media (HTSUS category 3702.44) and film base (3920.62) as the primary material inputs which may be sourced from abroad initially, with duty rates ranging from 3.7% to 4.2%. The application also requests authority to include a broad range of inputs and final products that the plant may produce under FTZ procedures in the future within the categories of X–ray film, color paper, digital media, inkjet paper, and entertainment imaging (i.e., motion picture film, consumer film and related chemicals). (New major activity in these inputs/products could require review by the FTZ Board.) General HTSUS categories of inputs include: 2620, 2710, 2803, 2804, 2806, 2811, 2812, 2815, 2825, 2827, 2832, 2833, 2836, 2838, 2842, 2843, 2846, 2851, 2901, 2902, 2903, 2904, 2906, 2907, 2908, 2909, 2911, 2914, 2915, 2916, 2917, 2918, 2920, 2921, 2922, 2924, 2925, 2926, 2928, 2930, 2931, 2933, 2934, 2935, 2942, 3004, 3402, 3503, 3507, 3701, 3702, 3703, 3704, 3705, 3706, 3707, 3824, 3901, 3903, 3905, 3906, 3907, 3910, 3912, 3917, 3919, 3920, 3921, 3923, 3924, 3926, 4008, 4009, 4010, 4016, 4017, 4202 (4202.12.6000, 4202.12.8030, 4202.91.0090, 4202.92.9026, 4202.92.9036, 4202.92.9060), 4203, 4415, 4504, 4703, 4802, 4805, 4808, 4811, 4818, 4819, 4820, 4821, 4823, 4901, 4902, 4905, 4906, 4908, 4909, 4910, 4911, 5906, 6804, 6909, 7003, 7004, 7005, 7006, 7007, 7008, 7013, 7014, 7020, 7106, 7108, 7112, 7412, VerDate jul<14>2003 15:02 Aug 09, 2005 Jkt 205001 7419, 7606, 7607, 7609, 7616, 8101, 8108, 8302, 8306, 8308, 8309, 8405, 8412, 8413, 8414, 8415, 8418, 8419, 8420, 8421, 8422, 8423, 8428, 8431, 8439, 8441, 8443, 8466, 8467, 8470, 8471, 8472, 8473, 8476, 8477, 8479, 8480, 8481, 8485, 8501, 8503, 8504, 8505, 8506, 8507, 8511, 8512, 8513, 8514, 8515, 8516, 8518, 8521, 8523, 8524, 8525, 8528, 8529, 8531, 8532, 8533, 8534, 8535, 8536, 8537, 8538, 8539, 8540, 8541, 8542, 8543, 8544, 8545, 8546, 8547, 9001, 9002, 9005, 9006, 9007, 9008, 9009, 9010, 9011, 9013, 9015, 9016, 9017, 9018, 9022, 9023, 9024, 9025, 9026, 9027, 9028, 9029, 9030, 9031, 9032, 9033, 9106, 9402, 9405, 9612, and 9705. The duty rates on these products range from duty–free to 38%. Final products that may be produced from the inputs listed above include these general HTSUS categories: 2710, 2803, 2804, 2806, 2811, 2812, 2815, 2825, 2827, 2832, 2833, 2836, 2838, 2842, 2843, 2846, 2851, 2901, 2902, 2903, 2904, 2906, 2907, 2908, 2909, 2911, 2914, 2915, 2916, 2917, 2918, 2920, 2921, 2922, 2924, 2925, 2926, 2928, 2930, 2931, 2933, 2934, 2935, 2942, 3004, 3402, 3503, 3507, 3701, 3702, 3703, 3704, 3705, 3706, 3707, 3824, 3901, 3903, 3905, 3906, 3907, 3910, 3912, 3917, 3919, 3920, 3921, 3923, 3924, 3926, 4008, 4009, 4010, 4016, 4017, 4202 (4202.12.6000, 4202.12.8030, 4202.91.0090, 4202.92.9026, 4202.92.9036, 4202.92.9060), 4203, 4415, 4504, 4703, 4802, 4805, 4808, 4811, 4818, 4819, 4820, 4821, 4823, 4901, 4902, 4905, 4906, 4908, 4909, 4910, 4911, 5906, 6804, 6909, 7003, 7004, 7005, 7006, 7007, 7008, 7013, 7014, 7020, 7106, 7108, 7112, 7412, 7419, 7606, 7607, 7609, 7616, 8101, 8108, 8302, 8306, 8308, 8309, 8405, 8412, 8413, 8414, 8415, 8418, 8419, 8420, 8421, 8422, 8423, 8428, 8431, 8439, 8441, 8443, 8466, 8467, 8470, 8471, 8472, 8473, 8476, 8477, 8479, 8480, 8481, 8485, 8501, 8503, 8504, 8505, 8506, 8507, 8511, 8512, 8513, 8514, 8515, 8516, 8518, 8521, 8523, 8524, 8525, 8528, 8529, 8531, 8532, 8533, 8534, 8535, 8536, 8537, 8538, 8539, 8540, 8541, 8542, 8543, 8544, 8545, 8546, 8547, 9001, 9002, 9005, 9006, 9007, 9008, 9009, 9010, 9011, 9013, 9015, 9016, 9017, 9018, 9022, 9023, 9024, 9025, 9026, 9027, 9028, 9029, 9030, 9031, 9032, 9033, 9106, 9402, 9405, 9612, and 9705. The duty rates on these products range from duty–free to 38%. Zone procedures would exempt Kodak from Customs duty payments on foreign components used in export production. On its domestic sales, PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 46475 Kodak would be able to choose the lower duty rate that applies to the finished products for foreign components, when applicable. Kodak would also be able to avoid duty on foreign inputs which become scrap/ waste, estimated at five percent of FTZ– related savings. Kodak may also realize logistical/procedural and other benefits from subzone status. All of the above– cited savings from zone procedures could help improve the plant’s international competitiveness. In accordance with the Board’s regulations, a member of the FTZ Staff has been designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at one of the following addresses: 1. Submissions Via Express/Package Delivery Services: Foreign-Trade–Zones Board, U.S. Department of Commerce, Franklin Court Building--Suite 4100W, 1099 14th St. NW., Washington, DC 20005; or 2. Submissions Via the U.S. Postal Service: Foreign–Trade-Zones Board, U.S. Department of Commerce, FCB-Suite 4100W, 1401 Constitution Ave. NW., Washington, DC 20230. The closing period for their receipt is October 11, 2005. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to October 24, 2005. A copy of the application and accompanying exhibits will be available for public inspection at the Office of the Foreign–Trade Zones Board’s Executive Secretary at address Number 1 listed above and at the Denver U.S. Export Assistance Center, 1625 Broadway, Suite 680, Denver, CO 80202. Dated: August 2, 2005. Dennis Puccinelli, Executive Secretary. [FR Doc. 05–15823 Filed 8–9–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Foreign–Trade Zones Board (Docket 36–2005) Foreign–Trade Zone 141 Rochester, New York, Expansion of Manufacturing Authority Subzone 141A, Eastman Kodak Company, (Printer Cartridges and Thermal Media) An application has been submitted to the Foreign–Trade Zones Board (the E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Pages 46474-46475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15823]


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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

(Docket 37-2005)


Foreign-Trade Zone 123 Denver, Colorado, Application For Subzone, 
the Eastman Kodak Company, (X-ray film, Color Paper, Digital Media, 
Inkjet Paper, and Entertainment Imaging), Windsor, Colorado

    An application has been submitted to the Foreign-Trade Zones Board 
(the Board) by the City and County of

[[Page 46475]]

Denver, Colorado, grantee of FTZ 123, requesting special-purpose 
subzone status with manufacturing authority (X-ray film, color paper, 
digital media, inkjet paper, and entertainment imaging) for the 
facilities of the Eastman Kodak Company (Kodak), located in Windsor, 
Colorado. The application was submitted pursuant to the Foreign-Trade 
Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the 
Board (15 CFR part 400). It was formally filed on August 1, 2005.
    The facilities for which subzone status is proposed are on one site 
(800 acres total; 3.2 million sq. ft. of enclosed space) located at 
9952 Eastman Park Drive in Windsor, Colorado. The facilities 
(approximately 1650 full- and part-time employees) would be used 
initially under FTZ procedures for manufacturing, processing, 
warehousing, and distributing printer cartridges and thermal media, 
which have duty rates ranging from duty-free to 3.7% ad valorem. For 
Kodak's current manufacturing, foreign-sourced materials account for 
approximately 50 percent of finished-product value. The application 
lists thermal media (HTSUS category 3702.44) and film base (3920.62) as 
the primary material inputs which may be sourced from abroad initially, 
with duty rates ranging from 3.7% to 4.2%.
    The application also requests authority to include a broad range of 
inputs and final products that the plant may produce under FTZ 
procedures in the future within the categories of X-ray film, color 
paper, digital media, inkjet paper, and entertainment imaging (i.e., 
motion picture film, consumer film and related chemicals). (New major 
activity in these inputs/products could require review by the FTZ 
Board.) General HTSUS categories of inputs include: 2620, 2710, 2803, 
2804, 2806, 2811, 2812, 2815, 2825, 2827, 2832, 2833, 2836, 2838, 2842, 
2843, 2846, 2851, 2901, 2902, 2903, 2904, 2906, 2907, 2908, 2909, 2911, 
2914, 2915, 2916, 2917, 2918, 2920, 2921, 2922, 2924, 2925, 2926, 2928, 
2930, 2931, 2933, 2934, 2935, 2942, 3004, 3402, 3503, 3507, 3701, 3702, 
3703, 3704, 3705, 3706, 3707, 3824, 3901, 3903, 3905, 3906, 3907, 3910, 
3912, 3917, 3919, 3920, 3921, 3923, 3924, 3926, 4008, 4009, 4010, 4016, 
4017, 4202 (4202.12.6000, 4202.12.8030, 4202.91.0090, 4202.92.9026, 
4202.92.9036, 4202.92.9060), 4203, 4415, 4504, 4703, 4802, 4805, 4808, 
4811, 4818, 4819, 4820, 4821, 4823, 4901, 4902, 4905, 4906, 4908, 4909, 
4910, 4911, 5906, 6804, 6909, 7003, 7004, 7005, 7006, 7007, 7008, 7013, 
7014, 7020, 7106, 7108, 7112, 7412, 7419, 7606, 7607, 7609, 7616, 8101, 
8108, 8302, 8306, 8308, 8309, 8405, 8412, 8413, 8414, 8415, 8418, 8419, 
8420, 8421, 8422, 8423, 8428, 8431, 8439, 8441, 8443, 8466, 8467, 8470, 
8471, 8472, 8473, 8476, 8477, 8479, 8480, 8481, 8485, 8501, 8503, 8504, 
8505, 8506, 8507, 8511, 8512, 8513, 8514, 8515, 8516, 8518, 8521, 8523, 
8524, 8525, 8528, 8529, 8531, 8532, 8533, 8534, 8535, 8536, 8537, 8538, 
8539, 8540, 8541, 8542, 8543, 8544, 8545, 8546, 8547, 9001, 9002, 9005, 
9006, 9007, 9008, 9009, 9010, 9011, 9013, 9015, 9016, 9017, 9018, 9022, 
9023, 9024, 9025, 9026, 9027, 9028, 9029, 9030, 9031, 9032, 9033, 9106, 
9402, 9405, 9612, and 9705. The duty rates on these products range from 
duty-free to 38%. Final products that may be produced from the inputs 
listed above include these general HTSUS categories: 2710, 2803, 2804, 
2806, 2811, 2812, 2815, 2825, 2827, 2832, 2833, 2836, 2838, 2842, 2843, 
2846, 2851, 2901, 2902, 2903, 2904, 2906, 2907, 2908, 2909, 2911, 2914, 
2915, 2916, 2917, 2918, 2920, 2921, 2922, 2924, 2925, 2926, 2928, 2930, 
2931, 2933, 2934, 2935, 2942, 3004, 3402, 3503, 3507, 3701, 3702, 3703, 
3704, 3705, 3706, 3707, 3824, 3901, 3903, 3905, 3906, 3907, 3910, 3912, 
3917, 3919, 3920, 3921, 3923, 3924, 3926, 4008, 4009, 4010, 4016, 4017, 
4202 (4202.12.6000, 4202.12.8030, 4202.91.0090, 4202.92.9026, 
4202.92.9036, 4202.92.9060), 4203, 4415, 4504, 4703, 4802, 4805, 4808, 
4811, 4818, 4819, 4820, 4821, 4823, 4901, 4902, 4905, 4906, 4908, 4909, 
4910, 4911, 5906, 6804, 6909, 7003, 7004, 7005, 7006, 7007, 7008, 7013, 
7014, 7020, 7106, 7108, 7112, 7412, 7419, 7606, 7607, 7609, 7616, 8101, 
8108, 8302, 8306, 8308, 8309, 8405, 8412, 8413, 8414, 8415, 8418, 8419, 
8420, 8421, 8422, 8423, 8428, 8431, 8439, 8441, 8443, 8466, 8467, 8470, 
8471, 8472, 8473, 8476, 8477, 8479, 8480, 8481, 8485, 8501, 8503, 8504, 
8505, 8506, 8507, 8511, 8512, 8513, 8514, 8515, 8516, 8518, 8521, 8523, 
8524, 8525, 8528, 8529, 8531, 8532, 8533, 8534, 8535, 8536, 8537, 8538, 
8539, 8540, 8541, 8542, 8543, 8544, 8545, 8546, 8547, 9001, 9002, 9005, 
9006, 9007, 9008, 9009, 9010, 9011, 9013, 9015, 9016, 9017, 9018, 9022, 
9023, 9024, 9025, 9026, 9027, 9028, 9029, 9030, 9031, 9032, 9033, 9106, 
9402, 9405, 9612, and 9705. The duty rates on these products range from 
duty-free to 38%.
    Zone procedures would exempt Kodak from Customs duty payments on 
foreign components used in export production. On its domestic sales, 
Kodak would be able to choose the lower duty rate that applies to the 
finished products for foreign components, when applicable. Kodak would 
also be able to avoid duty on foreign inputs which become scrap/waste, 
estimated at five percent of FTZ-related savings. Kodak may also 
realize logistical/procedural and other benefits from subzone status. 
All of the above-cited savings from zone procedures could help improve 
the plant's international competitiveness.
    In accordance with the Board's regulations, a member of the FTZ 
Staff has been designated examiner to investigate the application and 
report to the Board.
    Public comment is invited from interested parties. Submissions 
(original and 3 copies) shall be addressed to the Board's Executive 
Secretary at one of the following addresses:
1. Submissions Via Express/Package Delivery Services: Foreign-Trade-
Zones Board, U.S. Department of Commerce, Franklin Court Building--
Suite 4100W, 1099 14th St. NW., Washington, DC 20005; or
2. Submissions Via the U.S. Postal Service: Foreign-Trade-Zones Board, 
U.S. Department of Commerce, FCB--Suite 4100W, 1401 Constitution Ave. 
NW., Washington, DC 20230.
    The closing period for their receipt is October 11, 2005. Rebuttal 
comments in response to material submitted during the foregoing period 
may be submitted during the subsequent 15-day period to October 24, 
2005.
    A copy of the application and accompanying exhibits will be 
available for public inspection at the Office of the Foreign-Trade 
Zones Board's Executive Secretary at address Number 1 listed above and 
at the Denver U.S. Export Assistance Center, 1625 Broadway, Suite 680, 
Denver, CO 80202.

    Dated: August 2, 2005.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 05-15823 Filed 8-9-05; 8:45 am]
BILLING CODE 3510-DS-S