Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Amended Final Results of Antidumping Duty Administrative Review, 61122-61126 [2010-24997]

Download as PDF 61122 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices from Hawaii to a landfill in the State of Washington. Because we have been made aware of additional information that was not previously provided and we have an interest in examining that information to determine the potential impacts, we are withdrawing the finding of no significant impact effective immediately in order to reevaluate the potential for environmental impacts that may be associated with this action. DATES: Effective Date: October 4, 2010. FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Import Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737– 1231; (301) 734–0627. SUPPLEMENTARY INFORMATION: jlentini on DSKJ8SOYB1PROD with NOTICES Background The importation and interstate movement of garbage is regulated by the Animal and Plant Health Inspection Service under 7 CFR 330.400 and 9 CFR 94.5 in order to protect against the introduction into and dissemination within the United States of plant and animal pests and diseases. On January 19, 2010, we published in the Federal Register (75 FR 2845–2846, Docket No. APHIS–2006–0172) a notice 1 in which we announced the availability, for public review and comment, of an environmental assessment documenting our review and analysis of the environmental impacts associated with, and alternatives to, the movement of palletized or containerized baled municipal solid waste to three existing ports on the Columbia River via barge and the transfer and transportation of the waste via truck or rail to the landfill. We solicited comments on the environmental assessment for 30 days ending on February 18, 2010. We received 37 comments by that date. The commenters raised several issues, including the potential for invasive species/pest introductions, impacts on air and water quality, impacts on fish and wildlife habitat, impacts on existing infrastructure (highway, rail, and barge), increased traffic at associated ports, and the adequacy of the environmental assessment’s analysis of cumulative effects. On May 27, 2010, we published in the Federal Register (75 FR 29706, Docket No. APHIS–2006–0172) a notice announcing the availability of a final 1 To view the environmental assessment, the comments we received and our responses to the comments, and the finding of no significant impact, go to http://www.regulations.gov/fdmspublic/ component/main?main=DocketDetail&d=APHIS2006-0172. VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 environmental assessment and our finding of no significant impact (FONSI). Although the agency had requested public comment on the environmental assessment published on January 19, 2010, with comments due on February 18, 2010, we received new information regarding potential impacts from that action after the FONSI had been issued. Because APHIS had not previously had the opportunity to evaluate this new information, we have decided to withdraw the FONSI effective immediately and reevaluate the potential environmental impacts that may be associated with this action. Done in Washington, DC, this 28th day of September 2010. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2010–24817 Filed 10–1–10; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Amended Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: October 4, 2010 FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, or Paul Walker, AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4031, or (202) 482–0413. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 9, 2010, the Department of Commerce (‘‘Department’’) published in the Federal Register the final results of the fourth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (‘‘Vietnam’’) for the period from February 1, 2008, through January 31, 2009.1 1 See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results, Partial Rescission of Antidumping Duty Administrative Review, 75 FR 47771 (August 9, 2010) (‘‘Final Results’’). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 On August 10, 2010, Minh Phu Seafood Corporation (and its affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd. (collectively ‘‘Minh Phu Group’’)), Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’), and Minh Hai-Joint Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) (collectively ‘‘Respondents’’) filed a timely allegation that the Department made various ministerial errors in the Final Results and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors. No other parties in this proceeding submitted comments on the Department’s final margin calculations. Based upon our analysis of the comments and allegations of ministerial errors, we made changes to the margin calculation for Nha Trang Seafoods and the Minh Phu Group, and corrected Seaprodex Minh Hai’s separate rate status. Furthermore, as a result of correcting the errors in the margin calculations for Nha Trang Seafoods and the Minh Phu Group, the margin for the companies granted separate-rate status were also revised because the margin for those companies were derived from Nha Trang Seafoods’ and the Minh Phu Group’s margins. Scope of the Antidumping Duty Order The scope of this order includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off, 3535 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. deveined or not deveined, cooked or raw, or otherwise processed in frozen form. The frozen warmwater shrimp and prawn products included in the scope of this investigation, regardless of definitions in the Harmonized Tariff Schedule of the United States (‘‘HTS’’), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted E:\FR\FM\04OCN1.SGM 04OCN1 61123 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this investigation. In addition, food preparations, which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this investigation. Excluded from the scope are: (1) Breaded shrimp and prawns (HTS subheading 1605.20.10.20); 2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain battered shrimp. Dusted shrimp is a shrimp-based product: (1) That is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a ‘‘dusting’’ layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non-shrimp content of the end product constituting between four and 10 percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to individually quick frozen (‘‘IQF’’) freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this investigation are currently classified under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this investigation is dispositive. Amended Final Results of the Review The Act defines ‘‘ministerial error’’ as including ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.’’ See section 751(h) of the Act. After analyzing Respondents’ comments, we have determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that we made certain ministerial errors in our calculations for the final results with respect to certain surrogate values for Nha Trang Seafoods, the surrogate SG&A ratio for Nha Trang Seafoods and the Minh Phu Group, and Seaprodex Min Hai’s separate rate status. For a detailed discussion of these ministerial errors, as well as the Department’s analysis of these errors, see Memorandum to James C. Doyle, through Scot T. Fullerton, from Susan Pulongbarit, regarding ‘‘Fourth Antidumping Administrative Review of Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Ministerial Error Memorandum,’’ dated concurrently with this notice (‘‘Ministerial Errors Memo’’). Because we have revised the rates for Nha Trang Seafoods and the Minh Phu Group, we are also revising the margin for the companies granted separate-rate status because the margin for those companies was calculated as the simple average of Nha Trang Seafoods’ and the Minh Phu Group’s margins. In accordance with section 751(h) of the Act, we are amending the final results of the fourth administrative review of certain warmwater shrimp from Vietnam. As a result of correcting the ministerial errors discussed above, we determine that the following dumping margins exist for the period February 1, 2008, through January 30, 2009: Original margin (percent) jlentini on DSKJ8SOYB1PROD with NOTICES Manufacturer/exporter Minh Phu Group: Minh Phat Seafood Co., Ltd., aka ............................................................................................................................ Minh Phat Seafood aka Minh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) aka Minh Phu Seafood Corp. aka Minh Phu Seafood Corporation aka Minh Qui Seafood aka Minh Qui Seafood Co., Ltd. Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’) 2 aka .................................................................................. Nha Trang Seafoods aka Nha Trang Seaproduct Company Nha Trang Seafoods Bac Lieu Fisheries Company Limited, aka ...................................................................................................................... Bac Lieu Fisheries Company Limited (‘‘Bac Lieu’’) aka Bac Lieu Fisheries Joint Stock Company aka Bac Lieu Fisheries Limited Company aka Bac Lieu Fisheries Company Limited 3 C.P. Vietnam Livestock Company Limited (‘‘C.P. Vietnam’’) aka ................................................................................... C.P. Vietnam Livestock Company Limited aka C.P. Vietnam Livestock Corporation (‘‘C.P. Vietnam’’) Cadovimex Seafood Import-Export and Processing Joint Stock Company (‘‘CADOVIMEX–VIETNAM’’) aka ............... Cai Doi Vam Seafood Import-Export Company (‘‘Cadovimex’’) aka Cai Doi Vam Seafood aka Cai Doi Vam Seafood Im-Ex Company (Cadovimex) aka Cai Doi Vam Seafood Processing Factory aka Caidoivam Seafood Company (Cadovimex) aka Caidoivam Seafood Im-Ex Co. VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\04OCN1.SGM 04OCN1 Revised margin (percent) 2.96 2.95 5.58 4.89 4.27 3.92 4.27 3.92 4.27 3.92 61124 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices Original margin (percent) jlentini on DSKJ8SOYB1PROD with NOTICES Manufacturer/exporter Cafatex Fishery Joint Stock Corporation (‘‘Cafatex Corp.’’) aka ..................................................................................... Cantho Animal Fisheries Product Processing Export Enterprise (Cafatex), aka Cafatex, aka Cafatex Vietnam, aka Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho, aka Cas, aka Cas Branch, aka Cafatex Saigon, aka Cafatex Fishery Joint Stock Corporation, aka Cafatex Corporation, aka Taydo Seafood Enterprise Cafatex Corp. Cam Ranh Seafoods Processing Enterprise Company (‘‘Camranh Seafoods’’) aka Camranh Seafoods ..................... Camau Frozen Seafood Processing Import Export Corporation (‘‘CAMIMEX’’) 4 aka .................................................... Camimex aka Camau Seafood Factory No. 4 aka Camau Seafood Factory No. 5 aka Camau Frozen Seafood Processing Import & Export aka Camau Frozen Seafood Processing Import Export Corp. (CAMIMEX–FAC 25) aka Frozen Factory No. 4 Can Tho Agricultural and Animal Products Import Export Company (‘‘CATACO’’) aka ................................................. Can Tho Agricultural Products aka CATACO aka Can Tho Agricultural and Animal Products Imex Company Can Tho Import Export Fishery Limited Company (‘‘CAFISH’’) ...................................................................................... Coastal Fishery Development aka .................................................................................................................................. Coastal Fisheries Development Corporation (‘‘Cofidec’’) aka COFIDEC aka Coastal Fisheries Development Corporation aka Coastal Fisheries Development Co., aka Coastal Fisheries Development Corp. Cuulong Seaproducts Company (‘‘Cuu Long Seapro’’) aka ........................................................................................... Cuu Long Seaproducts Limited (‘‘Cuulong Seapro’’) aka Cuulong Seapro aka Cuulong Seaproducts Company (‘‘Cuulong Seapro’’) aka Cuu Long Seaproducts Company (‘‘Cuu Long Seapro’’) aka Cuu Long Seaproducts Company aka Cuu Long Seapro aka Cuulong Seaproducts Company (‘‘Cuu Long Seapro’’) aka Cuu Long Seaproducts Limited (Cuulong Seapro) aka Cuulong Seapro aka Cuulong Seaproduct Company Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’) aka ............................................................... Danang Seaproducts Import Export Corporation aka Danang Seaproduct Import-Export Corporation aka Danang Seaproducts Import Export aka Tho Quang Seafood Processing & Export Company aka Seaprodex Danang aka Tho Quang Seafood Processing and Export Company aka Tho Quang, aka Tho Quang Co.5 Gallant Ocean (Vietnam) Co., Ltd. (‘‘Gallant Ocean Vietnam’’) ...................................................................................... Grobest & I–Mei Industrial Vietnam, aka ........................................................................................................................ Grobest, aka Grobest & I–Mei Industrial (Vietnam) Co., Ltd. Investment Commerce Fisheries Corporation (‘‘Incomfish’’) aka .................................................................................... Incomfish aka Investment Commerce Fisheries Corp., aka Incomfish Corp., aka Incomfish Corporation aka Investment Commerce Fisheries aka Investment Commerce Fisheries Corporation Kim Anh Company Limited (‘‘Kim Anh’’) ......................................................................................................................... Minh Hai Export Frozen Seafood Processing Joint Stock Company aka ...................................................................... Minh Hai Jostoco aka Minh Hai Export Frozen Seafood Processing Joint-Stock Company (‘‘Minh Hai Jostoco’’) aka Minh Hai Export Frozen Seafood Processing Joint-Stock Company aka Minh Hai Joint Stock Seafood Processing Joint-Stock Company aka Minh Hai Export Frozen Seafood Processing Joint-Stock Co., aka Minh-Hai Export Frozen Seafood Processing Joint-Stock Company Minh Hai Joint-Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) aka ..................................................... Sea Minh Hai aka VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\04OCN1.SGM 04OCN1 Revised margin (percent) 4.27 3.92 4.27 4.27 3.92 3.92 4.27 3.92 4.27 4.27 3.92 3.92 4.27 3.92 4.27 3.92 4.27 4.27 3.92 3.92 4.27 3.92 4.27 4.27 3.92 3.92 4.27 3.92 61125 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices Original margin (percent) jlentini on DSKJ8SOYB1PROD with NOTICES Manufacturer/exporter Minh Hai Joint-Stock Seafoods Processing Company aka Seaprodex Minh Hai aka Seaprodex Min Hai aka Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods Processing Co.) aka Seaprodex Minh Hai Factory aka Seaprodex Minh Hai Factory No. 69 aka Seaprodex Minh Hai Workshop 1 aka Seaprodex Minh Hai-Factory No. 78 aka Workshop I Seaprodex Minh Hai Minh Hai Sea Products Import Export Company (‘‘Seaprimex Co’’), aka ...................................................................... Ca Mau Seafood Joint Stock Company (‘‘SEAPRIMEXCO’’) aka Seaprimexco Vietnam, aka Seaprimexco Ca Mau Seafood Joint Stock Company (‘‘Seaprimexco’’) Minh Hai Seaproducts Import Export Corporation Seaprimexco Minh Hai Seaproducts Co Ltd. (Seaprimexco). Ngoc Sinh Private Enterprise aka ................................................................................................................................... Ngoc Sinh Seafoods aka Ngoc Sinh Seafoods Processing and Trading Enterprise aka Ngoc Sinh Fisheries aka Ngoc Sinh Private Enterprises aka Ngoc Sinh Seafoods Processing and Trading Enterprises aka Ngoc Sinh aka Ngoc Sinh Seafood Processing Company aka Ngoc Sinh Seafoods (Private Enterprise) Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) aka ............................................................................ Nha Trang Fisheries Joint Stock Company aka Nhatrang Fisheries Joint Stock Company aka Nha Trang Fisco aka Nhatrang Fisco aka Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) aka Nha Trang Fisheries, Joint Stock Phu Cuong Seafood Processing and Import-Export Co., Ltd. ........................................................................................ Phuong Nam Co., Ltd. (‘‘Phuong Nam’’) aka .................................................................................................................. Western Seafood Processing and Exporting Factory (‘‘Western Seafood’’) Sao Ta Foods Joint Stock Company (‘‘Fimex VN’’) aka ................................................................................................. Sao Ta Foods Joint Stock Company aka Fimex VN aka Sao Ta Seafood Factory aka Saota Seafood Factory Soc Trang Aquatic Products and General Import Export Company (‘‘Stapimex’’) aka .................................................. Soc Trang Seafood Joint Stock Company (‘‘Stapimex’’) aka Soc Trang Aquatic Products and General Import Export Company aka Stapimex aka Soc Trang Aquatic Products and General Import Export Company-(Stapimex) aka Stapimex Soc Trans Aquatic Products and General Import Export Company aka Stapmex Thuan Phuoc Seafoods and Trading Corporation aka ................................................................................................... Frozen Seafoods Factory No. 32 aka Seafoods and Foodstuff Factory aka My Son Seafoods Factory UTXI Aquatic Products Processing Company aka .......................................................................................................... UT XI Aquatic Products Processing Company aka UT–XI Aquatic Products Processing Company aka UTXI aka UTXI Co. Ltd., aka Khanh Loi Seafood Factory aka Hoang Phuong Seafood Factory aka UTXI Aquatiac Products Processing Corporation (‘‘UTXICO’’) Viet Foods Co., Ltd. aka .................................................................................................................................................. Nam Hai Foodstuff and Export Company Ltd. Viet Hai Seafood Co., Ltd. aka ........................................................................................................................................ Vietnam Fish One Co., Ltd. (‘‘Fish One’’) Vinh Loi Import Export Company (‘‘Vimexco’’), aka ........................................................................................................ Vinh Loi Import Export Company (‘‘VIMEX’’), aka VIMEXCO aka VIMEX aka Vinh Loi Import/Export Co., aka Vinhloi Import Export Company aka Vinh Loi Import-Export Company VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\04OCN1.SGM 04OCN1 Revised margin (percent) 4.27 3.92 4.27 3.92 4.27 3.92 4.27 4.27 3.92 3.92 4.27 3.92 4.27 3.92 4.27 3.92 4.27 3.92 4.27 3.92 4.27 3.92 4.27 3.92 61126 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices The Department will determine and the U.S. Bureau of Customs and Border Protection (‘‘CBP’’) shall assess antidumping duties on all appropriate entries. Except where the Court of International Trade has issued a preliminary injunction enjoining the liquidation of certain entries during the period of review, we intend to issue appropriate assessment instructions directly to CBP 15 days after publication of these amended final results of review. For a general discussion of the application of assessment rates, see Final Results, 75 FR at 47776. Cash Deposit Requirements For all shipments of certain warmwater shrimp from Vietnam entered, or withdrawn from warehouse, for consumption on or after the publication date of these Amended Final Results, as provided by section 751(a)(2)(C) of the Act: (1) For companies covered by this review, the cash deposit rate will be the rate listed above; (2) for previously reviewed or investigated companies other than those covered by this review, the cash deposit rate will be the company-specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the investigation, the cash deposit rate will be 25.76 percent, the Vietnam-wide rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until further notice. jlentini on DSKJ8SOYB1PROD with NOTICES Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 2 See Letter from Thompson Hine representing the Minh Phu Group, Nha Trang Seafoods, Camimex, and Grobest, to Secretary of Commerce, regarding Certain Frozen Warmwater Shrimp from Vietnam: Case Brief on behalf of Certain Respondents, dated, April 21, 2010 (‘‘Respondents Case Brief’’) at 44 for proprietary named used by importer. 3 See Respondents Case Brief at 24 for proprietary name used by importer. 4 See Respondents Case Brief at 44 for proprietary names used by importers. 5 See Respondents Case Brief at 44 for proprietary names used by importers. VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 could result in the presumption that reimbursement of antidumping duties occurred and the subsequent increase in antidumping duties by the amount of antidumping duties reimbursed. Administrative Protective Order This notice also is the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the 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. These amended final results of administrative review and notice are issued and published in accordance with sections 751(h), and 777(i)(1) of the Act, and 19 CFR 351.224. Dated: September 29, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–24997 Filed 10–1–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Virginia Commonwealth University, School of Medicine; Notice of Decision on Applications for Duty-Free Entry of Scientific Instruments This is a decision pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Public Law 106–36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5 p.m. in Room 3720, U.S. Department of Commerce, 14th and Constitution Ave, NW., Washington, DC. Docket Number: 10–022. Applicant: Virginia Commonwealth University, School of Medicine, Richmond, VA 23298–0551. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: See notice at 75 FR 53271, August 31, 2010. Comments: None received. Decision: Approved. Reasons: The instrument will be used to investigate the three dimensional structure of biological macromolecules, which will be observed under cryogenic conditions. We know of no instruments of equivalent scientific value to the foreign instruments described above, for such purposes as this is intended to be used, PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 that was being manufactured in the United States at the time of its order. Dated: September 28, 2010. Gregory W. Campbell, Acting Director, Subsidies Enforcement Office, Import Administration. [FR Doc. 2010–24834 Filed 10–1–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–904] Certain Activated Carbon From the People’s Republic of China: Extension of Time Limit for Final Results of the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: October 4, 2010. FOR FURTHER INFORMATION CONTACT: Bob Palmer or Kathleen Marksberry, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–9068 or (202) 482– 7906, respectively. AGENCY: Background On May 29, 2009, Department of Commerce (‘‘Department’’) published the notice of the initiation of the antidumping duty administrative review on certain activated carbon from the People’s Republic of China (‘‘PRC’’), covering the period April 1, 2008, through March 31, 2009. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 74 FR 25711 (May 29, 2009) (‘‘Initiation Notice’’). On May 13, 2010, the Department published the preliminary results of this review. See Certain Activated Carbon From the People’s Republic of China: Notice of Preliminary Results of the Second Antidumping Duty Administrative Review, and Preliminary Rescission in Part, 75 FR 26927 (May 13, 2010) (‘‘Preliminary Results’’). On July 13, 2010, the Department extended the final results by 45 days. See Certain Activated Carbon From the People’s Republic of China: Extension of Time Limit for Final Results of the Antidumping Duty Administrative Review, 75 FR 39916 (July 13, 2010). The final results are currently due on October 25, 2010. E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61122-61126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24997]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Amended Final Results of Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: October 4, 2010

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, or Paul Walker, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4031, or (202) 482-0413.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2010, the Department of Commerce (``Department'') 
published in the Federal Register the final results of the fourth 
administrative review of the antidumping duty order on certain frozen 
warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'') 
for the period from February 1, 2008, through January 31, 2009.\1\
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results, Partial Rescission of 
Antidumping Duty Administrative Review, 75 FR 47771 (August 9, 2010) 
(``Final Results'').
---------------------------------------------------------------------------

    On August 10, 2010, Minh Phu Seafood Corporation (and its 
affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd. 
(collectively ``Minh Phu Group'')), Nha Trang Seaproduct Company (``Nha 
Trang Seafoods''), and Minh Hai-Joint Stock Seafoods Processing Company 
(``Seaprodex Minh Hai'') (collectively ``Respondents'') filed a timely 
allegation that the Department made various ministerial errors in the 
Final Results and requested, pursuant to 19 CFR 351.224, that the 
Department correct the alleged ministerial errors. No other parties in 
this proceeding submitted comments on the Department's final margin 
calculations. Based upon our analysis of the comments and allegations 
of ministerial errors, we made changes to the margin calculation for 
Nha Trang Seafoods and the Minh Phu Group, and corrected Seaprodex Minh 
Hai's separate rate status. Furthermore, as a result of correcting the 
errors in the margin calculations for Nha Trang Seafoods and the Minh 
Phu Group, the margin for the companies granted separate-rate status 
were also revised because the margin for those companies were derived 
from Nha Trang Seafoods' and the Minh Phu Group's margins.

Scope of the Antidumping Duty Order

    The scope of this order includes certain warmwater shrimp and 
prawns, whether frozen, wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off, 3535 ``Tails'' in this context means the tail fan, 
which includes the telson and the uropods. deveined or not deveined, 
cooked or raw, or otherwise processed in frozen form.
    The frozen warmwater shrimp and prawn products included in the 
scope of this investigation, regardless of definitions in the 
Harmonized Tariff Schedule of the United States (``HTS''), are products 
which are processed from warmwater shrimp and prawns through freezing 
and which are sold in any count size.
    The products described above may be processed from any species of 
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally 
classified in, but are not limited to, the Penaeidae family. Some 
examples of the farmed and wild-caught warmwater species include, but 
are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn 
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river 
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), 
redspotted

[[Page 61123]]

shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus 
subtilis), southern pink shrimp (Penaeus notialis), southern rough 
shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus 
schmitti), blue shrimp (Penaeus stylirostris), western white shrimp 
(Penaeus occidentalis), and Indian white prawn (Penaeus indicus).
    Frozen shrimp and prawns that are packed with marinade, spices or 
sauce are included in the scope of this investigation. In addition, 
food preparations, which are not ``prepared meals,'' that contain more 
than 20 percent by weight of shrimp or prawn are also included in the 
scope of this investigation.
    Excluded from the scope are: (1) Breaded shrimp and prawns (HTS 
subheading 1605.20.10.20); 2) shrimp and prawns generally classified in 
the Pandalidae family and commonly referred to as coldwater shrimp, in 
any state of processing; (3) fresh shrimp and prawns whether shell-on 
or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp 
and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) dried 
shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS 
subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain 
battered shrimp. Dusted shrimp is a shrimp-based product: (1) That is 
produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to 
which a ``dusting'' layer of rice or wheat flour of at least 95 percent 
purity has been applied; (3) with the entire surface of the shrimp 
flesh thoroughly and evenly coated with the flour; (4) with the non-
shrimp content of the end product constituting between four and 10 
percent of the product's total weight after being dusted, but prior to 
being frozen; and (5) that is subjected to individually quick frozen 
(``IQF'') freezing immediately after application of the dusting layer. 
Battered shrimp is a shrimp-based product that, when dusted in 
accordance with the definition of dusting above, is coated with a wet 
viscous layer containing egg and/or milk, and par-fried.
    The products covered by this investigation are currently classified 
under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 
1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided 
for convenience and for customs purposes only and are not dispositive, 
but rather the written description of the scope of this investigation 
is dispositive.

Amended Final Results of the Review

    The Act defines ``ministerial error'' as including ``errors in 
addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which the administering authority 
considers ministerial.'' See section 751(h) of the Act. After analyzing 
Respondents' comments, we have determined, in accordance with section 
751(h) of the Act and 19 CFR 351.224(e), that we made certain 
ministerial errors in our calculations for the final results with 
respect to certain surrogate values for Nha Trang Seafoods, the 
surrogate SG&A ratio for Nha Trang Seafoods and the Minh Phu Group, and 
Seaprodex Min Hai's separate rate status. For a detailed discussion of 
these ministerial errors, as well as the Department's analysis of these 
errors, see Memorandum to James C. Doyle, through Scot T. Fullerton, 
from Susan Pulongbarit, regarding ``Fourth Antidumping Administrative 
Review of Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Ministerial Error Memorandum,'' dated concurrently with this 
notice (``Ministerial Errors Memo'').
    Because we have revised the rates for Nha Trang Seafoods and the 
Minh Phu Group, we are also revising the margin for the companies 
granted separate-rate status because the margin for those companies was 
calculated as the simple average of Nha Trang Seafoods' and the Minh 
Phu Group's margins. In accordance with section 751(h) of the Act, we 
are amending the final results of the fourth administrative review of 
certain warmwater shrimp from Vietnam. As a result of correcting the 
ministerial errors discussed above, we determine that the following 
dumping margins exist for the period February 1, 2008, through January 
30, 2009:

------------------------------------------------------------------------
                                                  Original     Revised
             Manufacturer/exporter                 margin       margin
                                                 (percent)    (percent)
------------------------------------------------------------------------
Minh Phu Group:
    Minh Phat Seafood Co., Ltd., aka..........         2.96         2.95
    Minh Phat Seafood aka
    Minh Phu Seafood Export Import Corporation
     (and affiliates Minh Qui Seafood Co.,
     Ltd. and Minh Phat Seafood Co., Ltd.) aka
    Minh Phu Seafood Corp. aka
    Minh Phu Seafood Corporation aka
    Minh Qui Seafood aka
    Minh Qui Seafood Co., Ltd.
Nha Trang Seaproduct Company (``Nha Trang              5.58         4.89
 Seafoods'') 2 aka............................
Nha Trang Seafoods aka
Nha Trang Seaproduct Company Nha Trang
 Seafoods
Bac Lieu Fisheries Company Limited, aka.......         4.27         3.92
Bac Lieu Fisheries Company Limited (``Bac
 Lieu'') aka
Bac Lieu Fisheries Joint Stock Company aka
Bac Lieu Fisheries Limited Company aka
Bac Lieu Fisheries Company Limited 3
C.P. Vietnam Livestock Company Limited (``C.P.         4.27         3.92
 Vietnam'') aka...............................
C.P. Vietnam Livestock Company Limited aka
C.P. Vietnam Livestock Corporation (``C.P.
 Vietnam'')
Cadovimex Seafood Import-Export and Processing         4.27         3.92
 Joint Stock Company (``CADOVIMEX-VIETNAM'')
 aka..........................................
Cai Doi Vam Seafood Import-Export Company
 (``Cadovimex'') aka
Cai Doi Vam Seafood aka
Cai Doi Vam Seafood Im-Ex Company (Cadovimex)
 aka
Cai Doi Vam Seafood Processing Factory aka
Caidoivam Seafood Company (Cadovimex) aka
Caidoivam Seafood Im-Ex Co.

[[Page 61124]]

 
Cafatex Fishery Joint Stock Corporation                4.27         3.92
 (``Cafatex Corp.'') aka......................
Cantho Animal Fisheries Product Processing
 Export Enterprise (Cafatex), aka
Cafatex, aka
Cafatex Vietnam, aka
Xi Nghiep Che Bien Thuy Suc San Xuat Kau
 Cantho, aka
Cas, aka
Cas Branch, aka
Cafatex Saigon, aka
Cafatex Fishery Joint Stock Corporation, aka
Cafatex Corporation, aka
Taydo Seafood Enterprise
Cafatex Corp.
Cam Ranh Seafoods Processing Enterprise                4.27         3.92
 Company (``Camranh Seafoods'') aka Camranh
 Seafoods.....................................
Camau Frozen Seafood Processing Import Export          4.27         3.92
 Corporation (``CAMIMEX'') 4 aka..............
Camimex aka
Camau Seafood Factory No. 4 aka
Camau Seafood Factory No. 5 aka
Camau Frozen Seafood Processing Import &
 Export aka
Camau Frozen Seafood Processing Import Export
 Corp. (CAMIMEX-FAC 25) aka
Frozen Factory No. 4
Can Tho Agricultural and Animal Products               4.27         3.92
 Import Export Company (``CATACO'') aka.......
Can Tho Agricultural Products aka
CATACO aka
Can Tho Agricultural and Animal Products Imex
 Company
Can Tho Import Export Fishery Limited Company          4.27         3.92
 (``CAFISH'').................................
Coastal Fishery Development aka...............         4.27         3.92
Coastal Fisheries Development Corporation
 (``Cofidec'') aka
COFIDEC aka
Coastal Fisheries Development Corporation aka
Coastal Fisheries Development Co., aka
Coastal Fisheries Development Corp.
Cuulong Seaproducts Company (``Cuu Long                4.27         3.92
 Seapro'') aka................................
Cuu Long Seaproducts Limited (``Cuulong
 Seapro'') aka
Cuulong Seapro aka
Cuulong Seaproducts Company (``Cuulong
 Seapro'') aka
Cuu Long Seaproducts Company (``Cuu Long
 Seapro'') aka
Cuu Long Seaproducts Company aka
Cuu Long Seapro aka
Cuulong Seaproducts Company (``Cuu Long
 Seapro'') aka
Cuu Long Seaproducts Limited (Cuulong Seapro)
 aka
Cuulong Seapro aka
Cuulong Seaproduct Company
Danang Seaproducts Import Export Corporation           4.27         3.92
 (``Seaprodex Danang'') aka...................
Danang Seaproducts Import Export Corporation
 aka
Danang Seaproduct Import-Export Corporation
 aka
Danang Seaproducts Import Export aka
Tho Quang Seafood Processing & Export Company
 aka
Seaprodex Danang aka
Tho Quang Seafood Processing and Export
 Company aka
Tho Quang, aka
Tho Quang Co.5
Gallant Ocean (Vietnam) Co., Ltd. (``Gallant           4.27         3.92
 Ocean Vietnam'').............................
Grobest & I-Mei Industrial Vietnam, aka.......         4.27         3.92
Grobest, aka
Grobest & I-Mei Industrial (Vietnam) Co., Ltd.
Investment Commerce Fisheries Corporation              4.27         3.92
 (``Incomfish'') aka..........................
Incomfish aka
Investment Commerce Fisheries Corp., aka
Incomfish Corp., aka
Incomfish Corporation aka
Investment Commerce Fisheries aka
Investment Commerce Fisheries Corporation
Kim Anh Company Limited (``Kim Anh'').........         4.27         3.92
Minh Hai Export Frozen Seafood Processing              4.27         3.92
 Joint Stock Company aka......................
Minh Hai Jostoco aka
Minh Hai Export Frozen Seafood Processing
 Joint-Stock Company (``Minh Hai Jostoco'')
 aka
Minh Hai Export Frozen Seafood Processing
 Joint-Stock Company aka
Minh Hai Joint Stock Seafood Processing Joint-
 Stock Company aka
Minh Hai Export Frozen Seafood Processing
 Joint-Stock Co., aka
Minh-Hai Export Frozen Seafood Processing
 Joint-Stock Company
Minh Hai Joint-Stock Seafoods Processing               4.27         3.92
 Company (``Seaprodex Minh Hai'') aka.........
Sea Minh Hai aka

[[Page 61125]]

 
Minh Hai Joint-Stock Seafoods Processing
 Company aka
Seaprodex Minh Hai aka
Seaprodex Min Hai aka
Seaprodex Minh Hai (Minh Hai Joint Stock
 Seafoods Processing Co.) aka
Seaprodex Minh Hai Factory aka
Seaprodex Minh Hai Factory No. 69 aka
Seaprodex Minh Hai Workshop 1 aka
Seaprodex Minh Hai-Factory No. 78 aka
Workshop I Seaprodex Minh Hai
Minh Hai Sea Products Import Export Company            4.27         3.92
 (``Seaprimex Co''), aka......................
Ca Mau Seafood Joint Stock Company
 (``SEAPRIMEXCO'') aka
Seaprimexco Vietnam, aka
Seaprimexco
Ca Mau Seafood Joint Stock Company
 (``Seaprimexco'')
Minh Hai Seaproducts Import Export Corporation
Seaprimexco
Minh Hai Seaproducts Co Ltd. (Seaprimexco)....
Ngoc Sinh Private Enterprise aka..............         4.27         3.92
Ngoc Sinh Seafoods aka
Ngoc Sinh Seafoods Processing and Trading
 Enterprise aka
Ngoc Sinh Fisheries aka
Ngoc Sinh Private Enterprises aka
Ngoc Sinh Seafoods Processing and Trading
 Enterprises aka
Ngoc Sinh aka
Ngoc Sinh Seafood Processing Company aka
Ngoc Sinh Seafoods (Private Enterprise)
Nha Trang Fisheries Joint Stock Company (``Nha         4.27         3.92
 Trang Fisco'') aka...........................
Nha Trang Fisheries Joint Stock Company aka
Nhatrang Fisheries Joint Stock Company aka
Nha Trang Fisco aka
Nhatrang Fisco aka
Nha Trang Fisheries Joint Stock Company (``Nha
 Trang Fisco'') aka
Nha Trang Fisheries, Joint Stock
Phu Cuong Seafood Processing and Import-Export         4.27         3.92
 Co., Ltd.....................................
Phuong Nam Co., Ltd. (``Phuong Nam'') aka.....         4.27         3.92
Western Seafood Processing and Exporting
 Factory (``Western Seafood'')
Sao Ta Foods Joint Stock Company (``Fimex              4.27         3.92
 VN'') aka....................................
Sao Ta Foods Joint Stock Company aka
Fimex VN aka
Sao Ta Seafood Factory aka
Saota Seafood Factory
Soc Trang Aquatic Products and General Import          4.27         3.92
 Export Company (``Stapimex'') aka............
Soc Trang Seafood Joint Stock Company
 (``Stapimex'') aka
Soc Trang Aquatic Products and General Import
 Export Company aka
Stapimex aka
Soc Trang Aquatic Products and General Import
 Export Company-(Stapimex) aka
Stapimex Soc Trans Aquatic Products and
 General Import Export Company aka
Stapmex
Thuan Phuoc Seafoods and Trading Corporation           4.27         3.92
 aka..........................................
Frozen Seafoods Factory No. 32 aka
Seafoods and Foodstuff Factory aka
My Son Seafoods Factory
UTXI Aquatic Products Processing Company aka..         4.27         3.92
UT XI Aquatic Products Processing Company aka
UT-XI Aquatic Products Processing Company aka
UTXI aka
UTXI Co. Ltd., aka
Khanh Loi Seafood Factory aka
Hoang Phuong Seafood Factory aka
UTXI Aquatiac Products Processing Corporation
 (``UTXICO'')
Viet Foods Co., Ltd. aka......................         4.27         3.92
Nam Hai Foodstuff and Export Company Ltd.
Viet Hai Seafood Co., Ltd. aka................         4.27         3.92
Vietnam Fish One Co., Ltd. (``Fish One'')
Vinh Loi Import Export Company (``Vimexco''),          4.27         3.92
 aka..........................................
Vinh Loi Import Export Company (``VIMEX''),
 aka
VIMEXCO aka
VIMEX aka
Vinh Loi Import/Export Co., aka
Vinhloi Import Export Company aka
Vinh Loi Import-Export Company
------------------------------------------------------------------------


[[Page 61126]]

The Department will determine and the U.S. Bureau of Customs and Border 
Protection (``CBP'') shall assess antidumping duties on all appropriate 
entries. Except where the Court of International Trade has issued a 
preliminary injunction enjoining the liquidation of certain entries 
during the period of review, we intend to issue appropriate assessment 
instructions directly to CBP 15 days after publication of these amended 
final results of review. For a general discussion of the application of 
assessment rates, see Final Results, 75 FR at 47776.
---------------------------------------------------------------------------

    \2\ See Letter from Thompson Hine representing the Minh Phu 
Group, Nha Trang Seafoods, Camimex, and Grobest, to Secretary of 
Commerce, regarding Certain Frozen Warmwater Shrimp from Vietnam: 
Case Brief on behalf of Certain Respondents, dated, April 21, 2010 
(``Respondents Case Brief'') at 44 for proprietary named used by 
importer.
    \3\ See Respondents Case Brief at 24 for proprietary name used 
by importer.
    \4\ See Respondents Case Brief at 44 for proprietary names used 
by importers.
    \5\ See Respondents Case Brief at 44 for proprietary names used 
by importers.
---------------------------------------------------------------------------

Cash Deposit Requirements

    For all shipments of certain warmwater shrimp from Vietnam entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date of these Amended Final Results, as provided by section 
751(a)(2)(C) of the Act: (1) For companies covered by this review, the 
cash deposit rate will be the rate listed above; (2) for previously 
reviewed or investigated companies other than those covered by this 
review, the cash deposit rate will be the company-specific rate 
established for the most recent period; (3) if the exporter is not a 
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the producer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the subject merchandise; and (4) if neither the exporter nor the 
producer is a firm covered in this review, a prior review, or the 
investigation, the cash deposit rate will be 25.76 percent, the 
Vietnam-wide rate established in the less-than-fair-value 
investigation. These deposit requirements shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 presumption that reimbursement of 
antidumping duties occurred and the subsequent increase in antidumping 
duties by the amount of antidumping duties reimbursed.

Administrative Protective Order

    This notice also is the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the 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.
    These amended final results of administrative review and notice are 
issued and published in accordance with sections 751(h), and 777(i)(1) 
of the Act, and 19 CFR 351.224.

    Dated: September 29, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-24997 Filed 10-1-10; 8:45 am]
BILLING CODE 3510-DS-P