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: https://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]
=======================================================================
-----------------------------------------------------------------------
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