Foreign-Trade Zone 174 Tucson, Arizona, Application for Expansion and Reorganization under Alternative Site Framework, 54023-54024 [E9-25341]

Download as PDF Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices parties to comment on our preliminary results and received comments from Marsan on September 24, 2009. We did not receive any rebuttal comments. jlentini on DSKJ8SOYB1PROD with NOTICES Scope of Review Imports covered by this review are shipments of certain non–egg dry pasta in packages of five pounds (2.27 kilograms) or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastases, vitamins, coloring and flavorings, and up to two percent egg white. The pasta covered by this scope is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions. Excluded from the scope of this review are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non–egg dry pasta containing up to two percent egg white. The merchandise subject to review is currently classifiable under item 1902.19.20 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive. Final Results of Changed Circumstances Review For the final results, we are hereby adopting our methodology and findings from the Preliminary Results. We continue to find that Marsan’s merchandise is not entitled to enter under the CVD cash deposit rate previously established in the last CVD administrative review of Gidasa. Accordingly, we determine that Marsan’s merchandise should continue to enter under the ‘‘all others’’ CVD cash deposit rate of 9.38 percent. All issues raised in the case brief filed by Marsan are addressed in the Issues and Decision Memorandum for the Final Results of the Countervailing Duty Changed Circumstances Review on Certain Pasta from Turkey (‘‘Issues and Decision Memorandum’’), which is dated concurrently with and hereby adopted by this notice. Attached to this notice as an appendix is a list of the issues which the interested party raised and to which we have responded in the Issues and Decision Memorandum. 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 Department’s Central Records VerDate Nov<24>2008 17:33 Oct 20, 2009 Jkt 220001 Unit in Room 1117 of the main Department building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Web at https:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Notification This notice serves as a final reminder to parties to administrative protective orders (‘‘APO’s) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to timely notify the Department in writing of the return/ destruction of APO material is a sanctionable violation. We are issuing and publishing these results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and 19 CFR 351.216. Dated: October 13, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. APPENDIX List of Comments and Issues in the Issues and Decision Memorandum Comment 1: Whether the Facts of the Case Warrant a Finding of Successorship Comment 2: Whether Marsan was Denied Procedural Due Process Comment 3: Whether the Department’s New Policy Furthers the Goals of the Statute [FR Doc. E9–25344 Filed 10–20–09; 8:45 am] BILLING CODE 3510–DS–S U.S. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board (Docket 43–2009) Foreign-Trade Zone 174 Tucson, Arizona, Application for Expansion and Reorganization under Alternative Site Framework An application has been submitted to the Foreign–Trade Zones (FTZ) Board (the Board) by Tucson Regional Economic Opportunities, Inc., grantee of FTZ 174, requesting authority to expand the zone and reorganize under the alternative site framework (ASF) adopted by the Board (74 FR 1170, 01/ 12/09; correction 74 FR 3987, 01/22/09). The ASF is an option for grantees for the establishment or reorganization of general–purpose zones and can permit significantly greater flexibility in the PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 54023 designation of new ‘‘usage–driven’’ FTZ sites for operators/users located within a grantee’s ‘‘service area’’ in the context of the Board’s standard 2,000–acre activation limit for a general–purpose zone project. 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 October 13, 2009. The grantee’s proposed service area under the ASF would be the County of Pima, Arizona. If approved, the grantee would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The proposed service area is adjacent to or within the Tucson Customs and Border Protection port of entry. FTZ 174 was approved by the Board on January 30, 1991 (Board Order 508, 56 FR 4595, 02/05/91) and expanded on August 9, 2000 (Board Order 1114, 65 FR 50177, 08/17/00). The applicant is requesting to include its current six sites as ‘‘magnet sites’’. The applicant proposes that Site 2 be exempt from ‘‘sunset’’ time limits that otherwise apply to sites under the ASF. The applicant is also requesting approval of the following initial ‘‘usage–driven’’ site: Proposed Site 7 (97.71 acres) - the Target Corporation Distribution Center, 8940 East Rita Park Drive, in Tucson. In accordance with the Board’s regulations, Christopher Kemp 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 listed below. The closing period for their receipt is December 21, 2009. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to January 4, 2010) 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 website, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Kemp at christopherlkemp@ita.doc.gov or (202) 482–0862. E:\FR\FM\21OCN1.SGM 21OCN1 54024 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices Dated: October 13, 2009. Elizabeth Whiteman Acting Executive Secretary. [FR Doc. E9–25341 Filed 10–20–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–962 Certain Sodium and Potassium Phosphate Salts From the People’s Republic of China: Initiation of Antidumping Duty Investigation Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 21,2009. FOR FURTHER INFORMATION CONTACT: Katie Marksberry at (202) 482–7906, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: jlentini on DSKJ8SOYB1PROD with NOTICES The Petition On September 24, 2009, the Department of Commerce (‘‘Department’’) received a petition concerning imports of certain sodium and potassium phosphate salts (‘‘certain phosphate salts’’) from the People’s Republic of China (‘‘PRC’’) filed in proper form by ICL Performance Products LP (‘‘ICL’’) and Prayon, Inc. (collectively, ‘‘Petitioners’’). See Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Sodium and Potassium Phosphate Salts from the People’s Republic of China, dated September 24, 2009 (‘‘Petition’’). On September 30, 2009, the Department issued an additional request for information and clarification of certain areas of the Petition. Based on the Department’s requests, Petitioners timely filed additional general information pertaining to the Petition on October 5, 2009, and additional information pertaining to the antidumping portion of the Petition on October 6, 2009 (hereinafter, ‘‘Supplement to the AD Petition’’). The period of investigation (‘‘POI’’) is January 1, 2009, through June 30, 2009. In accordance with section 732(b) of the Tariff Act of 1930, as amended (‘‘Act’’), Petitioners allege that imports of certain phosphate salts from the PRC are being, or are likely to be, sold in the United States at less than fair value, within the meaning of section 731 of the VerDate Nov<24>2008 17:33 Oct 20, 2009 Jkt 220001 Act, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. The Department finds that Petitioners filed the Petition on behalf of the domestic industry because Petitioners are an interested party, as defined in section 771(9)(C) of the Act, and have demonstrated sufficient industry support with respect to the antidumping duty investigation that Petitioners are requesting the Department to initiate (see ‘‘Determination of Industry Support for the Petition’’ section below). Scope of Investigation The products covered by this investigation are certain phosphate salts from the PRC. For a full description of the scope of the investigation, please see the ‘‘Scope of Investigation,’’ in Appendix I of this notice. Comments on Scope of Investigation As discussed in the preamble to the regulations (Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)), we are setting aside a period for interested parties to raise issues regarding product coverage. The Department encourages all interested parties to submit such comments by November 3, 2009.1Comments should be addressed to Import Administration’s APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination. Comments on Product Characteristics for Antidumping Duty Questionnaires We are requesting comments from interested parties regarding the appropriate physical characteristics of certain phosphate salts to be reported in response to the Department’s antidumping questionnaires. This information will be used to identify the key physical characteristics of the merchandise under consideration in order to more accurately report the relevant factors and costs of production, as well as to develop appropriate product comparison criteria. Interested parties may provide information or comments that they believe are relevant to the development of an accurate listing of physical characteristics. Specifically, they may 1 November 3, 2009, is twenty calendar days from the signature date of this notice. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 provide comments as to which characteristics are appropriate to use as: 1) general product characteristics; and 2) the product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, while there may be some physical product characteristics utilized by manufacturers to describe certain phosphate salts, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. Generally, the Department attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the antidumping duty questionnaires, we must receive comments at the above–referenced address by November 3, 2009. Additionally, rebuttal comments must be received by November 10, 2009. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A), or (ii) determine industry support using a statistically valid sampling method. Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (‘‘ITC’’), which is responsible for determining whether ‘‘the domestic E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54023-54024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25341]


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

U.S. DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

(Docket 43-2009)


Foreign-Trade Zone 174 Tucson, Arizona, Application for Expansion 
and Reorganization under Alternative Site Framework

    An application has been submitted to the Foreign-Trade Zones (FTZ) 
Board (the Board) by Tucson Regional Economic Opportunities, Inc., 
grantee of FTZ 174, requesting authority to expand the zone and 
reorganize under the alternative site framework (ASF) adopted by the 
Board (74 FR 1170, 01/12/09; correction 74 FR 3987, 01/22/09). The ASF 
is an option for grantees for the establishment or reorganization of 
general-purpose zones and can permit significantly greater flexibility 
in the designation of new ``usage-driven'' FTZ sites for operators/
users located within a grantee's ``service area'' in the context of the 
Board's standard 2,000-acre activation limit for a general-purpose zone 
project. 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 
October 13, 2009.
    The grantee's proposed service area under the ASF would be the 
County of Pima, Arizona. If approved, the grantee would be able to 
serve sites throughout the service area based on companies' needs for 
FTZ designation. The proposed service area is adjacent to or within the 
Tucson Customs and Border Protection port of entry.
    FTZ 174 was approved by the Board on January 30, 1991 (Board Order 
508, 56 FR 4595, 02/05/91) and expanded on August 9, 2000 (Board Order 
1114, 65 FR 50177, 08/17/00). The applicant is requesting to include 
its current six sites as ``magnet sites''. The applicant proposes that 
Site 2 be exempt from ``sunset'' time limits that otherwise apply to 
sites under the ASF. The applicant is also requesting approval of the 
following initial ``usage-driven'' site: Proposed Site 7 (97.71 acres) 
- the Target Corporation Distribution Center, 8940 East Rita Park 
Drive, in Tucson.
    In accordance with the Board's regulations, Christopher Kemp 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 listed below. The closing period for their 
receipt is December 21, 2009. Rebuttal comments in response to material 
submitted during the foregoing period may be submitted during the 
subsequent 15-day period (to January 4, 2010)
    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 website, which is accessible via www.trade.gov/ftz. For further 
information, contact Christopher Kemp at christopher_kemp@ita.doc.gov 
or (202) 482-0862.


[[Page 54024]]


    Dated: October 13, 2009.
Elizabeth Whiteman
Acting Executive Secretary.
[FR Doc. E9-25341 Filed 10-20-09; 8:45 am]
BILLING CODE 3510-DS-S

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.