Foreign-Trade Zone 170-Clark County, IN; Application for Subzone; Schwarz Pharma Manufacturing Ltd. (Pharmaceuticals Manufacturing), Seymour, IN, 45612-45613 [E9-21319]

Download as PDF 45612 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices below–cost sales were made in ‘‘substantial quantities’’ within an extended period of time and at prices which did not permit the recovery of all costs within a reasonable period of time in the normal course of trade. See sections 773(b)(2)(B) – (D) of the Act. Therefore, for purposes of these final results, we found that Ekinciler and Kaptan made below–cost sales not in the ordinary course of trade. Consequently, we disregarded these sales for Ekinciler and Kaptan and used the remaining sales as the basis for determining NV pursuant to section 773(b)(1) of the Act. Analysis of Comments Received The issues raised in Kaptan’s case brief are listed in the Appendix to this notice and addressed in the Decision Memo, which is adopted by this notice. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, room 1117, of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memo are identical in content. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is de minimis (i.e., less than 0.50 percent). The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all–others rate if there is no rate for the intermediate company(ies) involved in the transaction. pwalker on DSK8KYBLC1PROD with NOTICES Cash Deposit Requirements In December 2008, the International Trade Commission (ITC) determined, pursuant to section 751(c) of the Act, that revocation of this order would not be likely to lead to the continuation or recurrence of material injury to an Changes Since the Preliminary Results industry in the United States within a Based on our analysis of the reasonably foreseeable time. See Steel comments received, we have made Concrete Reinforcing Bar From Turkey; certain changes in the margin Determination, 73 FR 77841 (Dec. 19, calculation for Kaptan. These changes 2008). See also Steel Concrete are discussed in detail in the relevant Reinforcing Bars from Turkey, Inv. No. sections of the Decision Memo. 701–TA–745 (Second Review), USITC Pub. 4 (Jan. 2009). As a result of the Final Results of Review ITC’s negative determination, the We determine that the following Department revoked the order on rebar weighted–average margin percentages from Turkey on January 5, 2009, exist for the period April 1, 2007, effective as of March 26, 2008 (i.e., the through March 25, 2008: fifth anniversary of the date of publication in the Federal Register of Manufacturer/Producer/ Margin Percentage the notice of continuation of this Exporter antidumping duty order). See Ekinciler Demir ve Celik Revocation of Antidumping Duty Order: Sanayi A.S./Ekinciler Certain Steel Concrete Reinforcing Bars Dis Ticaret A.S. ......... 0.35 from Turkey, 74 FR 266 (Jan. 5, 2009). Kaptan Demir Celik Consequently, the collection of cash Endustrisi ve Ticaret deposits of antidumping duties on A.S. ........................... 0.00 entries of the subject merchandise is no longer required. Assessment The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212. Pursuant to 19 CFR 351.212(b)(1), we calculated importer–specific assessment rates for each respondent based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of those sales. VerDate Nov<24>2008 16:27 Sep 02, 2009 Jkt 217001 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 Secretary’s presumption PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of 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 these results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: August 27, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix – Issues in Decision Memorandum Company–Specific Issues 1. Duty Drawback Adjustment for Kaptan 2. Cost of Raw Materials Adjustment for Kaptan 3. Date of Sale for Kaptan 4. Affiliated Party Freight Revenue for Kaptan [FR Doc. E9–21321 Filed 9–2–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 36–2009] Foreign-Trade Zone 170—Clark County, IN; Application for Subzone; Schwarz Pharma Manufacturing Ltd. (Pharmaceuticals Manufacturing), Seymour, IN An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Ports of Indiana, grantee of FTZ 170, requesting special-purpose subzone status for pharmaceutical manufacturing facility of Schwarz Pharma Manufacturing Ltd. (Shwarz Pharma), located in Seymour, Indiana. 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 25, 2009. The Schwarz Pharma facility (450 employees, 28.8 acres, 1. 8 billion E:\FR\FM\03SEN1.SGM 03SEN1 pwalker on DSK8KYBLC1PROD with NOTICES Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices doses) is located at 1101 C Avenue West, Seymour, Indiana. The facility is used to manufacture, test, package and warehouse pharmaceutical products. Components and materials sourced from abroad (representing 75% of the value of the finished product) include: alprostidil, edex applicators, lacosamide, moexipril, kremozin, vanlafaxim, and esomeprazole magnesium (duty rate ranges from duty free to 5.3%). The application also requests authority to include a broad range of inputs and finished pharmaceutical products that Schwarz Pharma may produce under FTZ procedures in the future. New major activity involving these inputs/products would require review by the FTZ Board. FTZ procedures could exempt Schwarz Pharma from customs duty payments on the foreign components used in export production. The company anticipates that less than 5 percent of the plant’s shipments will be exported. On its domestic sales, Schwarz Pharma would be able to choose the duty rates during customs entry procedures that apply to Edex kits, Vimpat, Moexipril, Kremozin, Vanlafaxim and an acid reflux pharmaceutical (all duty free) for the foreign inputs noted above. FTZ designation would further allow Schwarz Pharma to realize logistical benefits through the use of weekly customs entry procedures. Customs duties also could possibly be deferred or reduced on foreign status production equipment. The request indicates that the savings from FTZ procedures would help improve the plant’s international competitiveness. In accordance with the Board’s regulations, Diane Finver of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations 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 the address below. The closing period for their receipt is November 2, 2009. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to November 17, 2009. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, VerDate Nov<24>2008 16:27 Sep 02, 2009 Jkt 217001 which is accessible via https:// www.trade.gov/ftz. For further information, contact Diane Finver at diane_finver@ita.doc.gov or (202) 482–1367. Dated: August 26, 2009. Andrew McGilvray, Executive Secretary. [FR Doc. E9–21319 Filed 9–2–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XN24 Taking and Importing Marine Mammals; Operations of a Liquified Natural Gas Port Facility in Massachusetts Bay AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of an incidental harassment authorization. SUMMARY: In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to operation of an offshore liquefied natural gas (LNG) facility in the Massachusetts Bay, has been issued to Northeast Gateway Energy BridgeTM LLC (Northeast Gateway or NEG) for a period of 1 year. DATES: This authorization is effective from August 31, 2009, until August 30, 2010. NMFS has also made the required findings to support future modification of the IHA to include take of marine mammals by Northeast Gateway’s partner, Algonquin Gas Transmission, LLC, incidental to operations and maintenance of the Algonquin Pipeline Lateral upon completion of consultation under section 7 of the Endangered Species Act. ADDRESSES: A copy of the application, IHA, and a list of references used in this document may be obtained by writing to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225. A copy of the application may be obtained by writing to this address or by telephoning the contact listed here and is also available at: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 45613 https://www.nmfs.noaa.gov/pr/permits/ incidental.htm#applications. FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, (301) 713–2289, ext 137. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and 101(a)(5)(D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as: an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Section 101(a)(5)(D) establishes a 45day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. E:\FR\FM\03SEN1.SGM 03SEN1

Agencies

[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Notices]
[Pages 45612-45613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21319]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Docket 36-2009]


Foreign-Trade Zone 170--Clark County, IN; Application for 
Subzone; Schwarz Pharma Manufacturing Ltd. (Pharmaceuticals 
Manufacturing), Seymour, IN

    An application has been submitted to the Foreign-Trade Zones Board 
(the Board) by the Ports of Indiana, grantee of FTZ 170, requesting 
special-purpose subzone status for pharmaceutical manufacturing 
facility of Schwarz Pharma Manufacturing Ltd. (Shwarz Pharma), located 
in Seymour, Indiana. 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 25, 2009.
    The Schwarz Pharma facility (450 employees, 28.8 acres, 1. 8 
billion

[[Page 45613]]

doses) is located at 1101 C Avenue West, Seymour, Indiana. The facility 
is used to manufacture, test, package and warehouse pharmaceutical 
products. Components and materials sourced from abroad (representing 
75% of the value of the finished product) include: alprostidil, edex 
applicators, lacosamide, moexipril, kremozin, vanlafaxim, and 
esomeprazole magnesium (duty rate ranges from duty free to 5.3%). The 
application also requests authority to include a broad range of inputs 
and finished pharmaceutical products that Schwarz Pharma may produce 
under FTZ procedures in the future. New major activity involving these 
inputs/products would require review by the FTZ Board.
    FTZ procedures could exempt Schwarz Pharma from customs duty 
payments on the foreign components used in export production. The 
company anticipates that less than 5 percent of the plant's shipments 
will be exported. On its domestic sales, Schwarz Pharma would be able 
to choose the duty rates during customs entry procedures that apply to 
Edex kits, Vimpat, Moexipril, Kremozin, Vanlafaxim and an acid reflux 
pharmaceutical (all duty free) for the foreign inputs noted above. FTZ 
designation would further allow Schwarz Pharma to realize logistical 
benefits through the use of weekly customs entry procedures. Customs 
duties also could possibly be deferred or reduced on foreign status 
production equipment. The request indicates that the savings from FTZ 
procedures would help improve the plant's international 
competitiveness.
    In accordance with the Board's regulations, Diane Finver of the FTZ 
Staff is designated examiner to evaluate and analyze the facts and 
information presented in the application and case record and to report 
findings and recommendations 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 the address below. The closing period for their receipt is 
November 2, 2009. Rebuttal comments in response to material submitted 
during the foregoing period may be submitted during the subsequent 15-
day period to November 17, 2009.
    A copy of the application will be available for public inspection 
at the Office of the Executive Secretary, Foreign-Trade Zones Board, 
Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., 
Washington, DC 20230-0002, and in the ``Reading Room'' section of the 
Board's Web site, which is accessible via https://www.trade.gov/ftz.
    For further information, contact Diane Finver at diane_finver@ita.doc.gov or (202) 482-1367.

    Dated: August 26, 2009.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9-21319 Filed 9-2-09; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.