Certain Pasta From Turkey; 2010-2011; Final Results of Antidumping Duty Administrative Review, 9672-9673 [2013-03084]

Download as PDF 9672 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices with 19 CFR 351.305(a)(3). Timely written notification of the return or 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. Notification to Importers 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 4, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix Comment 1: Targeted Dumping Comment 2: Polyplex’s Transparent Film Other Grade (TFOG) Sales Comment 3: Jindal’s Date of Sale Comment 4: Jindal’s Export Quantities [FR Doc. 2013–03082 Filed 2–8–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [A–489–805] Certain Pasta From Turkey; 2010–2011; Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain pasta (pasta) from Turkey. The period of review (POR) is July 1, 2010, through June 30, 2011, and covers TAT Makarnacilik Sanayi ve Ticaret A.S. (TAT), and Marsan Gida Sanayi ve Ticaret A.S (Marsan) and its claimed affiliates Birlik Pazarlama Sanayi ve Ticaret A.S. (Birlik), Bellini Gida Sanayi A.S. (Bellini), and Marsa Yag Sanayi ve Ticaret A.S. (Marsa Yag). Based on our analysis of the comments received, we have not made any changes in the erowe on DSK2VPTVN1PROD with NOTICES VerDate Mar<15>2010 14:26 Feb 08, 2013 Jkt 229001 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. Background On August 6, 2012, the Department published the Preliminary Results,1 and invited interested parties to comment. On October 19, 2012, Marsan Gida Sanayi ve Ticaret A.S., (Marsan) filed a case brief, and the petitioners 2 filed a case brief with respect to TAT. On October 24, 2012, petitioners filed a rebuttal brief. On December 21, 2012, the Department issued a postpreliminary analysis decision memorandum of the targeting dumping allegation with respect to Marsan.3 At that time, we invited parties to comment on the Department’s analysis in addressing the petitioners’ targeted dumping allegation in this review. The Department did not receive any comments on its post-preliminary decision memorandum. Analysis of Comments Received Period of Review The POR covered by this review is July 1, 2010, through June 30, 2011. International Trade Administration AGENCY: margin calculation for Marsan. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: February 11, 2013. FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Marsan, Birlik, Bellini, and Marsan Yag), Victoria Cho (TAT) or Robert James, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3692, (202) 482– 5075, or (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise covered by this order are 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 1 See Certain Pasta From Turkey: Notice of Preliminary Results of the 2010–2011 Antidumping Duty Administrative Review, 77 FR 46694 (August 6, 2012) (Preliminary Results). 2 New World Pasta Company, Dakota Growers Pasta Company & American Italian Pasta Company (petitioners). 3 See Memorandum to Lynn Fischer Fox, Acting Assistant Secretary for Import Administration, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations titled ‘‘2010/2011 Review of the Antidumping Duty Order on Certain Pasta (pasta) from Turkey: PostPreliminary Analysis Memorandum’’, dated December 21, 2012. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 All issues raised in the case and rebuttal briefs by parties to this proceeding and to which we have responded are listed in Appendix I to this notice and addressed in the Issues and Decision Memorandum, dated concurrently with, and hereby adopted by, this notice.4 The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (CRU), Room 7046 of the main Department of Commerce Building, as well as electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaacess.trade.gov and is available to all parties in the CRU. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Review As a result of this review, we determine that the following weightedaverage dumping margins exist for the period July 1, 2010, through June 30, 2011: 4 See Issues and Decision Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, titled ‘‘Final Results of the Antidumping Duty Administrative Review: Certain Pasta from Turkey; 2010–2011,’’ dated February 4, 2013. 5 The Department has found Marsan not to be affiliated with Birlik or Bellini, prior to June 2, 2011. Birlik ceased operation of the pasta production facility in October 2010 and at the same time Bellini took over operation of the pasta production facility from Birlik. See the Issues and E:\FR\FM\11FEN1.SGM 11FEN1 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices May 6, 2003.8 This clarification will apply to entries of subject merchandise Manufacturer/exporter during the POR produced by companies included in these final results of review for which the reviewed companies did TAT ............................................. 0.00 not know their merchandise was Birlik 5 .......................................... 0.00 destined for the United States. In such Bellini 6 ........................................ 0.00 instances, we will instruct CBP to Bellini/Marsan 7 ........................... 0.00 liquidate unreviewed entries at the country-specific all-others rate established in the less-than-fair-value Disclosure (LTFV) investigation if there is no rate In accordance with 19 CFR for the intermediate company(ies) 351.224(b), we will disclose calculation involved in the transaction. memorandums used in our analysis to Cash Deposit Requirements parties to these proceedings within five The following cash deposit days of the date of publication of this requirements will be effective upon notice. publication of this notice of final results Assessment of the administrative review for all shipments of subject merchandise Pursuant to section 751(a)(2)(A) of the entered or withdrawn from warehouse, Tariff Act of 1930, as amended (the Act), for consumption, on or after the and 19 CFR 351.212(b), the Department publication date, as provided by section will determine, and CBP shall assess, 751(a)(2)(C) of the Act: (1) For the antidumping duties on all appropriate companies subject to this review, the entries of subject merchandise in cash deposit rate will be the respective accordance with the final results of this rates established in the final results of review. The Department intends to issue this review, as listed above; (2) for assessment instructions to CBP 15 days previously reviewed or investigated after the date of publication of these companies not listed above that have final results of review. their own rates, the cash deposit rate For assessment purposes, the will continue to be the companyDepartment applied the assessment rate specific rate published for the most calculation method adopted in recently completed segment of this Antidumping Proceedings: Calculation proceeding in which that manufacturer of the Weighted-Average Dumping or exporter participated; (3) if the Margin and Assessment Rate in Certain exporter is not a firm covered in this Antidumping Proceedings: Final review, a prior review, or the less-thanModification, 77 FR 8101 (February 14, fair-value (LTFV) investigation, but the 2012). manufacturer is, the cash deposit rate We calculated such rates based on the will be the rate established for the most recently completed segment of this ratio of the total amount of dumping proceeding for the manufacturer of the calculated for the examined sales to the total entered value of the sales for which subject merchandise; and (4) if neither the exporter nor the manufacturer is a entered value was reported. If an importer-specific assessment rate is zero firm covered in this or any previously completed segment conducted under or de minimis (i.e., less than 0.50 percent) or the exporter has a weighted- this proceeding by the Department, the cash deposit rate will be 51.49 percent, average dumping margin that is zero or the all-others rate, established in the de minimis, the Department will LTFV investigation.9 These cash deposit instruct CBP to assess that importer’s requirements, when imposed, shall entries of subject merchandise without remain in effect until further notice. regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). Notification to Importers The Department clarified its This notice serves as a final reminder ‘‘automatic assessment’’ regulation on to importers of their responsibility under 19 CFR 351.402(f)(2) to file a Decision Memorandum, Preliminary Results, and certificate regarding the reimbursement Memorandum to Melissa Skinner, Office Director, of antidumping and/or countervailing Office 3 from the Team, titled ‘‘Whether to Treat duties prior to liquidation of the Marsan and its Claimed Affiliates as a Single Entity erowe on DSK2VPTVN1PROD with NOTICES Weightedaverage dumping margin (percent) for Margin Calculation Purposes,’’ dated July 30, 2012 (Affiliation/Collapsing Memo). 6 See id. 7 As indicated in the Issues and Decision Memorandum, Preliminary Results, and Affiliation/ Collapsing Memo, the Department has treated Bellini and Marsan as a single entity for the last month of the POR. VerDate Mar<15>2010 14:26 Feb 08, 2013 Jkt 229001 relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed. 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 the return or 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. Dated: February 4, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix I—Issues in Issues and Decision Memorandum Marsan Comment 1: Whether Marsan was affiliated with Ulker/Bellini/Birlik throughout the POR Comment 2: Whether the Department should assign a deposit rate to Eksper Gida Comment 3: Whether the Department should assign a deposit rate to Bellini Comment 4: Whether the Department should have calculated a weighted-average cost for Birlik and Bellini Comment 5: Whether the Department erred in increasing Bellini’s cost of manufacture TAT Comment 6: The commercial reasonableness of TAT’s U.S. sales Comment 7: Alleged SAS errors in the Preliminary Results Comment 8: TAT’s liquidation instructions [FR Doc. 2013–03084 Filed 2–8–13; 8:45 am] BILLING CODE 3510–DS–P 8 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 9 See Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Certain Pasta From Turkey, 61 FR 38545 (July 24, 1996). PO 00000 Frm 00008 Fmt 4703 Sfmt 9990 9673 E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9672-9673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03084]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey; 2010-2011; Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain pasta 
(pasta) from Turkey. The period of review (POR) is July 1, 2010, 
through June 30, 2011, and covers TAT Makarnacilik Sanayi ve Ticaret 
A.S. (TAT), and Marsan Gida Sanayi ve Ticaret A.S (Marsan) and its 
claimed affiliates Birlik Pazarlama Sanayi ve Ticaret A.S. (Birlik), 
Bellini Gida Sanayi A.S. (Bellini), and Marsa Yag Sanayi ve Ticaret 
A.S. (Marsa Yag). Based on our analysis of the comments received, we 
have not made any changes in the margin calculation for Marsan. The 
final weighted-average dumping margins for the reviewed firms are 
listed below in the section entitled ``Final Results of Review.''

DATES: Effective Date: February 11, 2013.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Marsan, Birlik, 
Bellini, and Marsan Yag), Victoria Cho (TAT) or Robert James, AD/CVD 
Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3692, (202) 482-5075, or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2012, the Department published the Preliminary 
Results,\1\ and invited interested parties to comment. On October 19, 
2012, Marsan Gida Sanayi ve Ticaret A.S., (Marsan) filed a case brief, 
and the petitioners \2\ filed a case brief with respect to TAT. On 
October 24, 2012, petitioners filed a rebuttal brief. On December 21, 
2012, the Department issued a post-preliminary analysis decision 
memorandum of the targeting dumping allegation with respect to 
Marsan.\3\ At that time, we invited parties to comment on the 
Department's analysis in addressing the petitioners' targeted dumping 
allegation in this review. The Department did not receive any comments 
on its post-preliminary decision memorandum.
---------------------------------------------------------------------------

    \1\ See Certain Pasta From Turkey: Notice of Preliminary Results 
of the 2010-2011 Antidumping Duty Administrative Review, 77 FR 46694 
(August 6, 2012) (Preliminary Results).
    \2\ New World Pasta Company, Dakota Growers Pasta Company & 
American Italian Pasta Company (petitioners).
    \3\ See Memorandum to Lynn Fischer Fox, Acting Assistant 
Secretary for Import Administration, from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations titled ``2010/2011 Review of the Antidumping Duty Order 
on Certain Pasta (pasta) from Turkey: Post-Preliminary Analysis 
Memorandum'', dated December 21, 2012.
---------------------------------------------------------------------------

Period of Review

    The POR covered by this review is July 1, 2010, through June 30, 
2011.

Scope of the Order

    The merchandise covered by this order are 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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this proceeding and to which we have responded are listed in Appendix I 
to this notice and addressed in the Issues and Decision Memorandum, 
dated concurrently with, and hereby adopted by, this notice.\4\ The 
Issues and Decision Memorandum is a public document and is on file in 
the Central Records Unit (CRU), Room 7046 of the main Department of 
Commerce Building, as well as electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at http://iaacess.trade.gov and is available to all 
parties in the CRU. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, titled ``Final Results of the Antidumping Duty 
Administrative Review: Certain Pasta from Turkey; 2010-2011,'' dated 
February 4, 2013.
---------------------------------------------------------------------------

Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margins exist for the period July 1, 2010, 
through June 30, 2011:
---------------------------------------------------------------------------

    \5\ The Department has found Marsan not to be affiliated with 
Birlik or Bellini, prior to June 2, 2011. Birlik ceased operation of 
the pasta production facility in October 2010 and at the same time 
Bellini took over operation of the pasta production facility from 
Birlik. See the Issues and Decision Memorandum, Preliminary Results, 
and Memorandum to Melissa Skinner, Office Director, Office 3 from 
the Team, titled ``Whether to Treat Marsan and its Claimed 
Affiliates as a Single Entity for Margin Calculation Purposes,'' 
dated July 30, 2012 (Affiliation/Collapsing Memo).
    \6\ See id.
    \7\ As indicated in the Issues and Decision Memorandum, 
Preliminary Results, and Affiliation/Collapsing Memo, the Department 
has treated Bellini and Marsan as a single entity for the last month 
of the POR.

[[Page 9673]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
TAT.........................................................        0.00
Birlik \5\..................................................        0.00
Bellini \6\.................................................        0.00
Bellini/Marsan \7\..........................................        0.00
------------------------------------------------------------------------

Disclosure

    In accordance with 19 CFR 351.224(b), we will disclose calculation 
memorandums used in our analysis to parties to these proceedings within 
five days of the date of publication of this notice.

Assessment

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b), the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of these final results of 
review.
    For assessment purposes, the Department applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation of 
the Weighted-Average Dumping Margin and Assessment Rate in Certain 
Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 
2012).
    We calculated such rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. If an importer-specific 
assessment rate is zero or de minimis (i.e., less than 0.50 percent) or 
the exporter has a weighted-average dumping margin that is zero or de 
minimis, the Department will instruct CBP to assess that importer's 
entries of subject merchandise without regard to antidumping duties, in 
accordance with 19 CFR 351.106(c)(2).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\8\ 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 
country-specific all-others rate established in the less-than-fair-
value (LTFV) investigation if there is no rate for the intermediate 
company(ies) involved in the transaction.
---------------------------------------------------------------------------

    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of subject merchandise entered or withdrawn 
from warehouse, for consumption, on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For the companies 
subject to this review, the cash deposit rate will be the respective 
rates established in the final results of this review, as listed above; 
(2) for previously reviewed or investigated companies not listed above 
that have their own rates, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment of this proceeding in which that manufacturer or exporter 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the less-than-fair-value (LTFV) investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recently completed segment of this proceeding for the 
manufacturer of the subject merchandise; and (4) if neither the 
exporter nor the manufacturer is a firm covered in this or any 
previously completed segment conducted under this proceeding by the 
Department, the cash deposit rate will be 51.49 percent, the all-others 
rate, established in the LTFV investigation.\9\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \9\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less Than Fair Value: Certain Pasta From 
Turkey, 61 FR 38545 (July 24, 1996).
---------------------------------------------------------------------------

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 and/or countervailing 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 that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent increase in antidumping duties by 
the amount of antidumping and/or countervailing duties reimbursed.

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 the return or 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.

    Dated: February 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I--Issues in Issues and Decision Memorandum

Marsan

Comment 1: Whether Marsan was affiliated with Ulker/Bellini/Birlik 
throughout the POR
Comment 2: Whether the Department should assign a deposit rate to 
Eksper Gida
Comment 3: Whether the Department should assign a deposit rate to 
Bellini
Comment 4: Whether the Department should have calculated a weighted-
average cost for Birlik and Bellini
Comment 5: Whether the Department erred in increasing Bellini's cost 
of manufacture

TAT

Comment 6: The commercial reasonableness of TAT's U.S. sales
Comment 7: Alleged SAS errors in the Preliminary Results
Comment 8: TAT's liquidation instructions

[FR Doc. 2013-03084 Filed 2-8-13; 8:45 am]
BILLING CODE 3510-DS-P