Foreign-Trade Zone 77 Memphis, Tennessee, Application for Subzone, Black & Decker Corporation (Power Tools, Lawn and Garden Tools, and Home Products Distribution), Jackson, Tennessee, 47585-47586 [E8-18849]
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Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
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Dated: August 8, 2008.
Otto Barry Bird,
Chief Counsel, Economic Development
Administration.
[FR Doc. E8–18794 Filed 8–13–08; 8:45 am]
BILLING CODE 3510–24–P
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47585
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[Docket 44–2008]
Foreign–Trade Zone 77 Memphis,
Tennessee, Application for Subzone,
Black & Decker Corporation(Power
Tools, Lawn and Garden Tools, and
Home Products Distribution), Jackson,
Tennessee
An application has been submitted to
the Foreign–Trade Zones Board (the
Board) by the City of Memphis, grantee
of FTZ 77, requesting special–purpose
subzone status for the tools and home
products warehousing/distribution
facilities of Black & Decker Corporation,
in Jackson, Tennessee. The application
was submitted pursuant to the
provisions of 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 5, 2008.
The Black & Decker site, consisting of
a manufacturing plant (2 bldgs., 482,000
sq. ft.) and a distribution center (1
building, 675,000 sq. ft.) on 177 acres,
is located at the intersection of Highway
45 North and Passmore Lane in Jackson,
Tennessee. The facilities (700
employees) are used for the quality
inspection, kitting, repackaging, order
fulfillment, warehousing and
distribution of power tools, lawn and
garden tools, home products and related
products and accessories; activities
which Black & Decker is proposing to
perform under FTZ procedures. Some
75 percent of the components are
sourced abroad. About 5 to 10 percent
of production is currently exported.
None of the activities which Black &
Decker is proposing to perform under
zone procedures would constitute
manufacturing or processing under the
FTZ Board’s regulations.
Zone procedures would exempt Black
& Decker from Customs duty payments
on foreign products that are re–
exported. On domestic sales, the
company would be able to defer
payment until merchandise is shipped
from the facility. The company may also
realize certain logistical benefits related
to the use of direct delivery and weekly
customs entry procedures. The
application indicates that FTZ
procedures would be used to support
Black & Decker’s Tennessee–based
distribution activity in competition with
facilities abroad.
In accordance with the Board’s
regulations, Diane Finver of the FTZ
staff is designated examiner to
investigate the application and report to
the Board.
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47586
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is October 14, 2008.
Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
subsequent 15-day period (to October
28, 2008).
A copy of the application will be
available for public inspection at each of
the following locations: U.S Department
of Commerce Export Assistance Center,
22 North Front Street, Suite 200,
Memphis, Tennessee 38103; and, Office
of the Executive Secretary, Foreign–
Trade Zones Board, Room 2111, U.S.
Department of Commerce, 1401
Constitution Avenue, NW, Washington,
D.C. 20230–0002.
For further information, contact Diane
Finver at DianelFinver@ita.doc.gov or
(202) 482–1367.
Dated: August 7, 2008.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8–18849 Filed 8–13–08; 8:45 am]
BILLING CODE 3510–DS–S
International Trade Administration
[A–602–806]
Notice of Final Determination of Sales
at Less Than Fair Value and
Termination of Critical- Circumstances
Investigation: Electrolytic Manganese
Dioxide from Australia
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 14, 2008.
SUMMARY: The Department of Commerce
determines that imports of electrolytic
manganese dioxide from Australia are
being, or are likely to be, sold in the
United States at less than fair value, as
provided in section 735 of the Tariff Act
of 1930, as amended (the Act). The final
weighted–average dumping margins are
listed below in the section entitled
‘‘Final Determination of Investigation.’’
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Minoo Hatten, AD/
CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3477 and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
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On March 26, 2008, the Department of
Commerce (the Department) published
its preliminary determination of sales at
less than fair value in the antidumping
duty investigation of electrolytic
manganese dioxide (EMD) from
Australia. See Notice of Preliminary
Determination of Sales at Less Than
Fair Value and Affirmative Preliminary
Determination of Critical
Circumstances: Electrolytic Manganese
Dioxide from Australia, 73 FR 15982
(March 26, 2008) (Preliminary
Determination). On April 18, 2008, we
postponed the deadline for the final
determination under section 735
(a)(2)(A) of the Act by 60 days to August
8, 2008. See Postponement of Final
Determination of Antidumping Duty
Investigation: Electrolytic Manganese
Dioxide from Australia, 73 FR 21108
(April 18, 2008).
We invited parties to comment on the
Preliminary Determination. We received
a case brief from the respondent, Delta
EMD Australia Pty. Limited (Delta), on
May 19, 2008; the petitioner, Tronox
LLC, filed a rebuttal brief on May 27,
2008. At the request of Delta, we held
a hearing on June 17, 2008.
Analysis of Comments Received
DEPARTMENT OF COMMERCE
AGENCY:
Case History
All issues raised in the case and
rebuttal briefs by parties to this
antidumping investigation are
addressed in the ‘‘Issues and Decision
Memorandum for the Antidumping
Duty Investigation of EMD from
Australia for the Period of Investigation
July 1, 2006, through June 30, 2007’’
(Decision Memorandum) from Stephen
J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration, dated August 8, 2008,
which is hereby adopted by this notice.
This Decision Memorandum is attached
to this notice as an appendix and is on
file in the Central Records Unit (CRU)
in room 1117. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Web at
https://ia.ita.doc.gov/. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
Scope of Investigation
The merchandise covered by this
investigation includes all manganese
dioxide (MnO2) that has been
manufactured in an electrolysis process,
whether in powder, chip, or plate form.
Excluded from the scope are natural
manganese dioxide (NMD) and chemical
manganese dioxide (CMD). The
merchandise subject to this
investigation is classified in the
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Harmonized Tariff Schedule of the
United States (HTSUS) at subheading
2820.10.00.00. While the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of this
investigation is dispositive.
Period of Investigation
The period of investigation is from
July 1, 2006, through June 30, 2007.
Adverse Facts Available
For the final determination, we
continue to find that, by failing to
provide information we requested, Delta
did not act to the best of its ability in
responding to our requests for
information. Thus, the Department
continues to find that the use of adverse
facts available is warranted for this
company under sections 776(a)(2) and
(b) of the Act. See Preliminary
Determination, 73 FR at 15983. As a
result of our analysis of comments
received, we have changed the adverse
facts–available rate for the final
determination. Specifically, we have
assigned Delta a rate of 83.66 percent
based on the rate alleged in the petition,
as recalculated in this final
determination. See Final Determination
Analysis Memorandum (August 8,
2008). Further, pursuant to section
776(c) of the Act and as discussed in the
Preliminary Determination, we
corroborated the key elements of the
export–price and normal–value
calculation used in the petition to
derive an estimated margin from which
we have derived the adverse facts–
available rate.
Termination of Critical Circumstances
Investigation
On February 19, 2008, the petitioner
in this investigation, Tronox LLC,
submitted an allegation of critical
circumstances with respect to imports of
electrolytic manganese dioxide from
Australia. On March 19, 2008, we issued
the Preliminary Determination, stating
that we had reason to believe or suspect
critical circumstances exist with respect
to imports of EMD from Australia. See
Preliminary Determination, 73 FR at
15986–88. On July 17, 2008, the
petitioner withdrew its critical
circumstances allegation and requested
that the Department terminate its
critical circumstances inquiry.
Therefore, we are terminating the
critical circumstances investigation and
we have not addressed any comments
regarding critical circumstances for the
final determination. We will instruct
U.S. Customs and Border Protection
(CBP) to terminate the suspension of
liquidation of all imports of subject
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[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Notices]
[Pages 47585-47586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18849]
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Docket 44-2008]
Foreign-Trade Zone 77 Memphis, Tennessee, Application for
Subzone, Black & Decker Corporation(Power Tools, Lawn and Garden Tools,
and Home Products Distribution), Jackson, Tennessee
An application has been submitted to the Foreign-Trade Zones Board
(the Board) by the City of Memphis, grantee of FTZ 77, requesting
special-purpose subzone status for the tools and home products
warehousing/distribution facilities of Black & Decker Corporation, in
Jackson, Tennessee. The application was submitted pursuant to the
provisions of 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 5, 2008.
The Black & Decker site, consisting of a manufacturing plant (2
bldgs., 482,000 sq. ft.) and a distribution center (1 building, 675,000
sq. ft.) on 177 acres, is located at the intersection of Highway 45
North and Passmore Lane in Jackson, Tennessee. The facilities (700
employees) are used for the quality inspection, kitting, repackaging,
order fulfillment, warehousing and distribution of power tools, lawn
and garden tools, home products and related products and accessories;
activities which Black & Decker is proposing to perform under FTZ
procedures. Some 75 percent of the components are sourced abroad. About
5 to 10 percent of production is currently exported. None of the
activities which Black & Decker is proposing to perform under zone
procedures would constitute manufacturing or processing under the FTZ
Board's regulations.
Zone procedures would exempt Black & Decker from Customs duty
payments on foreign products that are re-exported. On domestic sales,
the company would be able to defer payment until merchandise is shipped
from the facility. The company may also realize certain logistical
benefits related to the use of direct delivery and weekly customs entry
procedures. The application indicates that FTZ procedures would be used
to support Black & Decker's Tennessee-based distribution activity in
competition with facilities abroad.
In accordance with the Board's regulations, Diane Finver of the FTZ
staff is designated examiner to investigate the application and report
to the Board.
[[Page 47586]]
Public comment is invited from interested parties. Submissions
(original and 3 copies) shall be addressed to the Board's Executive
Secretary at the address below. The closing period for their receipt is
October 14, 2008. Rebuttal comments in response to material submitted
during the foregoing period may be submitted during the subsequent 15-
day period (to October 28, 2008).
A copy of the application will be available for public inspection
at each of the following locations: U.S Department of Commerce Export
Assistance Center, 22 North Front Street, Suite 200, Memphis, Tennessee
38103; and, Office of the Executive Secretary, Foreign-Trade Zones
Board, Room 2111, U.S. Department of Commerce, 1401 Constitution
Avenue, NW, Washington, D.C. 20230-0002.
For further information, contact Diane Finver at Diane_
Finver@ita.doc.gov or (202) 482-1367.
Dated: August 7, 2008.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8-18849 Filed 8-13-08; 8:45 am]
BILLING CODE 3510-DS-S
