Foreign-Trade Zone 138 - Columbus, Ohio Area, Application for Reorganization under Alternative Site Framework, 45096-45097 [2010-18956]

Download as PDF 45096 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Notices Countervailing Duty Proceedings DEPARTMENT OF COMMERCE No Sunset Review of countervailing duty orders is scheduled for initiation in September 2010. Foreign–Trade Zones Board Suspended Investigations Foreign–Trade Zone 138 - Columbus, Ohio Area, Application for Reorganization under Alternative Site Framework No Sunset Review of suspended investigations is scheduled for initiation in September 2010. The Department’s procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3— Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998). The Notice of Initiation of Five-Year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: July 20, 2010. Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–18929 Filed 7–30–10; 8:45 am] erowe on DSK5CLS3C1PROD with NOTICES BILLING CODE 3510–DS–P VerDate Mar<15>2010 15:04 Jul 30, 2010 Jkt 220001 (Docket 46–2010) An application has been submitted to the Foreign–Trade Zones (FTZ) Board (the Board) by the Columbus Regional Airport Authority, grantee of FTZ 138, requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the Board (74 FR 1170, 1/12/09; correction 74 FR 3987, 1/22/09). 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 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 July 21, 2010. FTZ 138 was approved on March 13, 1987 (Board Order 351, 52 FR 9319, 3/ 24/87) and expanded on February 23, 1994 (Board Order 685, 59 FR 10783, 3/ 8/94), on November 9, 1999 (Board Order 1063, 64 FR 63786, 11/22/99), on May 29, 2001 (Board Order 1166, 66 FR 32933, 6/19/01), on December 19, 2003 (Board Order 1311, 69 FR 49, 1/2/04) and on November 2, 2007 (Board Order 1530, 72 FR 65563; 11/21/07). The general–purpose zone currently consists of the following sites: Site 1 (3,787 acres total) -- portions of the Rickenbacker Inland Port - includes certain acreage within the Rickenbacker International Airport and Air Industrial Park, Alum Creek East Industrial Park, Alum Creek West Industrial Park, and Groveport Commerce Center, Franklin County; Site 2 (136 acres) -- Gateway Business Park, McClain Road, Lima, Allen County; Site 3 (42 acres) -- within the 90–acre Gateway Interchange Industrial Park, State Route 104 and U.S. Route 35, Chillicothe, Ross County; Site 4 (64 acres, 2 parcels) -- within the 960–acre Rock Mill Industrial Park, south of Mill Park Drive, Lancaster, Fairfield County; Site 5 (133 acres) -within the 149–acre D.O. Hall Business Center, State Route 660 and north of Reitler Road, Cambridge, Guernsey County; Site 6 (74 acres, 2 parcels) -within the Eagleton Industrial Park, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 State Route 142 and west of Spring Valley Road, London, Madison County; Site 12 (31 acres) -- Marion Industrial Park, 1110 Cheney Avenue, Marion, Marion County; Site 13 (41 acres) -Capital Park South, 3125–3325 Lewis Centre Way, Grove City, Franklin County; Site 14 (27 acres) -- Southpointe Industrial Park, 3901 Gantz Road, Grove City, Franklin County; Site 15 (50 acres, sunset 12/31/2011) -- Columbus Industrial District, located at 4545 Fisher Road, Columbus, Franklin County; Site 16 (74 acres, expires 9/1/ 2010) -- located at 1809 Wilson Road, Columbus, Franklin County; Site 17 (9 acres, expires 7/31/2011) -- Quarry East Commerce Center (Drew Shoe Company), located at 252 Quarry Drive, Lancaster, Fairfield County; Site 18 (22 acres, expires 9/1/2010) -- located at 700 Manor Park, Columbus, Franklin County; and, Site 19 (1 acre, expires 9/ 1/2010) -- located at 330 Oak Street, Columbus, Franklin County. The grantee’s proposed service area under the ASF would be Athens, Champaign, Clark, Coshocton, Crawford, Delaware, Fairfield, Franklin, Guernsey, Highland, Hocking, Knox, Licking, Logan, Madison, Marion, Morrow, Muskingum, Perry, Pickaway, Pike, Ross, Union, Vinton and Wyandot Counties, Ohio, as described in the application. 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 within and adjacent to the Columbus Customs and Border Protection port of entry. The grantee also proposes to retain its existing site (Site 2) in Lima (Allen County). The applicant is requesting authority to reorganize its existing zone project to include Sites 1, 2, 4, 5, 6 and 15 as ‘‘magnet’’ sites and Sites 13, 14, 16, 17 and 18 as ‘‘usage–driven’’ sites. The ASF allows for the possible exemption of one magnet site from the ‘‘sunset’’ time limits that generally apply to sites under the ASF, and the applicant proposes that Site 1 be so exempted. The applicant is also requesting authority to remove 193 acres of undeveloped land from Site 1 (Alum Creek West Industrial Park), to remove 41 acres from Site 2, to delete Site 3 in its entirety, to remove 29 acres from Site 4, to remove 6 acres from Site 6, to remove 33 acres from Site 13, to remove 20 acres from Site 14, and to delete Site 19 in its entirety. Because the ASF only pertains to establishing or reorganizing a general–purpose zone, the application would have no impact on FTZ 138’s authorized subzones. In accordance with the Board’s regulations, Claudia Hausler of the FTZ E:\FR\FM\02AUN1.SGM 02AUN1 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Notices 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 October 1, 2010. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to October 18, 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 Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: July 21, 2010. Andrew McGilvray Executive Secretary. [FR Doc. 2010–18956 Filed 7–30–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE INTERNATIONAL TRADE ADMINISTRATION (A–201–837) Certain Magnesia Carbon Bricks from Mexico: Notice of Final Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce determines that certain magnesia carbon bricks (bricks) from Mexico are being, or are likely to be, sold in the United States at less–than-fair–value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are shown in the ‘‘Final Determination Margins’’ section of this notice. EFFECTIVE DATE: (August 2, 2010.) FOR FURTHER INFORMATION CONTACT: David Goldberger or Katherine Johnson, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; erowe on DSK5CLS3C1PROD with NOTICES AGENCY: VerDate Mar<15>2010 15:04 Jul 30, 2010 Jkt 220001 telephone (202) 482–4136 and (202) 482–4929, respectively. SUPPLEMENTARY INFORMATION: Background On March 11, 2010, the Department of Commerce (Department) published in the Federal Register the preliminary determination of sales at LTFV in the antidumping duty investigation of certain magnesia carbon bricks from Mexico. See Certain Magnesia Carbon Bricks from Mexico: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 11517 (March 11, 2010) (Preliminary Determination). On April 9, 2010, the Department issued a post–preliminary determination analysis for the respondent in this investigation, RHI– Refmex S.A. de C.V. (Refmex) in which the Department applied a quarterly costing methodology to recalculate the cost of production (COP). See Memorandum entitled ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Post– Preliminary Analysis RHI–Refmex S.A. de C.V.,’’ dated April 7, 2010; and Memorandum entitled ‘‘Post– Preliminary Determination Analysis Utilizing Quarterly Cost Methodology for Refmex,’’ dated April 9, 2010. Based on the data and methodology described in these memoranda, we calculated a post–preliminary dumping margin for Refmex of 50.28 percent. During April and May 2010, we verified the sales and COP questionnaire responses of Refmex. During May 2010, we issued the COP, U.S. sales, and home market sales verification reports. See Memorandum to the File entitled ‘‘Verification of the Cost Response of RHI–Refmex S.A. de C.V. in the Antidumping Duty Investigation of Certain Magnesia Carbon Bricks from Mexico,’’ dated May 10, 2010 (CVR); Memorandum to the File entitled ‘‘Verification of the CEP Sales Response of RHI–Refmex S.A. de C.V.,’’ dated May 12, 2010 (CEPVR); and Memorandum to the File entitled ‘‘Verification of the Home Market Sales Response of RHI– Refmex S.A. de C.V.,’’ dated June 1, 2010 (HMVR). On June 8 and June 15, 2010, respectively, the petitioner in this investigation, Resco Products Inc, and Refmex each submitted case and rebuttal briefs. Period of Investigation (POI) The POI is July 1, 2008, to June 30, 2009. This period corresponds to the four most recent fiscal quarters prior to PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 45097 the month of the filing of the petition. See 19 CFR 351.204(b)(1). Scope of Investigation The merchandise under investigation consists of certain chemically–bonded (resin or pitch), magnesia carbon bricks with a magnesia component of at least 70 percent magnesia (MgO) by weight, regardless of the source of raw materials for the MgO, with carbon levels ranging from trace amounts to 30 percent by weight, regardless of enhancements (for example, magnesia carbon bricks can be enhanced with coating, grinding, tar impregnation or coking, high temperature heat treatments, anti–slip treatments or metal casing) and regardless of whether or not antioxidants are present (for example, antioxidants can be added to the mix from trace amounts to 15 percent by weight as various metals, metal alloys, and metal carbides). Certain magnesia carbon bricks that are the subject of this investigation are currently classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000, and 6815.99.40001 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by the parties to this investigation are addressed in the ‘‘Issues and Decision Memorandum for the Final Determination in the Less– Than-Fair–Value Investigation of Certain Magnesia Carbon Bricks from Mexico’’ from Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration (Decision Memo), dated July 26, 2010, which is hereby adopted by this notice. A list of the issues that parties have raised and to which we have responded, all of which are in the Decision Memo, is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this investigation and the corresponding recommendations in the Decision Memo, which is on file in the Central Records Unit, Room 1117 of the Commerce Department. In addition, a complete version of the Decision Memo 1 In the Preliminary Determination, we included HTSUS subheading 6815.99 in our description of the scope of the investigation. Subsequently, we determined that all of the ten-digit subheadings under this subheading must be used instead. Accordingly, the HTSUS ten-digit subheadings have been listed. E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Notices]
[Pages 45096-45097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18956]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

(Docket 46-2010)


Foreign-Trade Zone 138 - Columbus, Ohio Area, Application for 
Reorganization under Alternative Site Framework

    An application has been submitted to the Foreign-Trade Zones (FTZ) 
Board (the Board) by the Columbus Regional Airport Authority, grantee 
of FTZ 138, requesting authority to reorganize the zone under the 
alternative site framework (ASF) adopted by the Board (74 FR 1170, 1/
12/09; correction 74 FR 3987, 1/22/09). 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 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 July 21, 2010.
    FTZ 138 was approved on March 13, 1987 (Board Order 351, 52 FR 
9319, 3/24/87) and expanded on February 23, 1994 (Board Order 685, 59 
FR 10783, 3/8/94), on November 9, 1999 (Board Order 1063, 64 FR 63786, 
11/22/99), on May 29, 2001 (Board Order 1166, 66 FR 32933, 6/19/01), on 
December 19, 2003 (Board Order 1311, 69 FR 49, 1/2/04) and on November 
2, 2007 (Board Order 1530, 72 FR 65563; 11/21/07).
    The general-purpose zone currently consists of the following sites: 
Site 1 (3,787 acres total) -- portions of the Rickenbacker Inland Port 
- includes certain acreage within the Rickenbacker International 
Airport and Air Industrial Park, Alum Creek East Industrial Park, Alum 
Creek West Industrial Park, and Groveport Commerce Center, Franklin 
County; Site 2 (136 acres) -- Gateway Business Park, McClain Road, 
Lima, Allen County; Site 3 (42 acres) -- within the 90-acre Gateway 
Interchange Industrial Park, State Route 104 and U.S. Route 35, 
Chillicothe, Ross County; Site 4 (64 acres, 2 parcels) -- within the 
960-acre Rock Mill Industrial Park, south of Mill Park Drive, 
Lancaster, Fairfield County; Site 5 (133 acres) -- within the 149-acre 
D.O. Hall Business Center, State Route 660 and north of Reitler Road, 
Cambridge, Guernsey County; Site 6 (74 acres, 2 parcels) -- within the 
Eagleton Industrial Park, State Route 142 and west of Spring Valley 
Road, London, Madison County; Site 12 (31 acres) -- Marion Industrial 
Park, 1110 Cheney Avenue, Marion, Marion County; Site 13 (41 acres) -- 
Capital Park South, 3125-3325 Lewis Centre Way, Grove City, Franklin 
County; Site 14 (27 acres) -- Southpointe Industrial Park, 3901 Gantz 
Road, Grove City, Franklin County; Site 15 (50 acres, sunset 12/31/
2011) -- Columbus Industrial District, located at 4545 Fisher Road, 
Columbus, Franklin County; Site 16 (74 acres, expires 9/1/2010) -- 
located at 1809 Wilson Road, Columbus, Franklin County; Site 17 (9 
acres, expires 7/31/2011) -- Quarry East Commerce Center (Drew Shoe 
Company), located at 252 Quarry Drive, Lancaster, Fairfield County; 
Site 18 (22 acres, expires 9/1/2010) -- located at 700 Manor Park, 
Columbus, Franklin County; and, Site 19 (1 acre, expires 9/1/2010) -- 
located at 330 Oak Street, Columbus, Franklin County.
    The grantee's proposed service area under the ASF would be Athens, 
Champaign, Clark, Coshocton, Crawford, Delaware, Fairfield, Franklin, 
Guernsey, Highland, Hocking, Knox, Licking, Logan, Madison, Marion, 
Morrow, Muskingum, Perry, Pickaway, Pike, Ross, Union, Vinton and 
Wyandot Counties, Ohio, as described in the application. 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 within and adjacent to the Columbus Customs and Border 
Protection port of entry. The grantee also proposes to retain its 
existing site (Site 2) in Lima (Allen County).
    The applicant is requesting authority to reorganize its existing 
zone project to include Sites 1, 2, 4, 5, 6 and 15 as ``magnet'' sites 
and Sites 13, 14, 16, 17 and 18 as ``usage-driven'' sites. The ASF 
allows for the possible exemption of one magnet site from the 
``sunset'' time limits that generally apply to sites under the ASF, and 
the applicant proposes that Site 1 be so exempted. The applicant is 
also requesting authority to remove 193 acres of undeveloped land from 
Site 1 (Alum Creek West Industrial Park), to remove 41 acres from Site 
2, to delete Site 3 in its entirety, to remove 29 acres from Site 4, to 
remove 6 acres from Site 6, to remove 33 acres from Site 13, to remove 
20 acres from Site 14, and to delete Site 19 in its entirety. Because 
the ASF only pertains to establishing or reorganizing a general-purpose 
zone, the application would have no impact on FTZ 138's authorized 
subzones.
    In accordance with the Board's regulations, Claudia Hausler of the 
FTZ

[[Page 45097]]

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 
October 1, 2010. Rebuttal comments in response to material submitted 
during the foregoing period may be submitted during the subsequent 15-
day period to October 18, 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 Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov 
or (202) 482-0473.

    Dated: July 21, 2010.
Andrew McGilvray
Executive Secretary.
[FR Doc. 2010-18956 Filed 7-30-10; 8:45 am]
BILLING CODE 3510-DS-S