Foreign-Trade Zone 247-Erie, Pennsylvania, Application for Subzone, GE Transportation, Grove City, Pennsylvania, 30270-30271 [2013-12221]

Download as PDF 30270 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Notices public comment (78 FR 7395, 02/01/ 2013). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: May 17, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–12222 Filed 5–21–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–46–2013] TKELLEY on DSK3SPTVN1PROD with NOTICES Foreign-Trade Zone (FTZ) 61—San Juan, Puerto Rico, Notification of Proposed Production Activity, Janssen Ortho LLC (Pharmaceutical Products Production), Gurabo, Puerto Rico The Puerto Rico Trade and Export Company, grantee of FTZ 61, submitted a notification of proposed production activity to the FTZ Board on behalf of Janssen Ortho LLC (Janssen), located in Gurabo, Puerto Rico. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on April 29, 2013. A separate application for subzone status at the Janssen facility was submitted and will be processed under Section 400.31 of the FTZ Board’s regulations. The facility is used for the production of various prescription and over-the-counter pharmaceutical products. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products listed in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Janssen from customs duty payments on the foreign status components used in export production. On its domestic sales, Janssen would be able to choose the duty rates during customs entry procedures that apply to various prescription and over-thecounter pharmaceutical products, including: Anti-cancer; anti-diabetic and immunosuppressive medicaments; analgesics; antipyretic and antiinflammatory agents; and, cough and cold preparations (duty free) for the foreign status inputs noted below. Customs duties also could possibly be deferred or reduced on foreign status production equipment. VerDate Mar<15>2010 16:59 May 21, 2013 Jkt 229001 The components and materials sourced from abroad include: Splenda sucralose; cobicistate silicon dioxide; metformin; canagliflozin; and darunavir ethanolate API (duty rates range from 86.2 cents/kg to 6.5%). Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is July 1, 2013. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. FOR FURTHER INFORMATION CONTACT: Diane Finver at Diane.Finver@trade.gov or (202) 482–1367. Dated: May 16, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–12214 Filed 5–21–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board proposed subzone would be subject to the existing activation limit of FTZ 247. In accordance with the Board’s regulations, Elizabeth Whiteman of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is July 1, 2013. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to July 16, 2013. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: May 16, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–12218 Filed 5–21–13; 8:45 am] [S–69–2013] BILLING CODE 3510–DS–P Foreign-Trade Zone 247—Erie, Pennsylvania; Application for Subzone; GE Transportation, Lawrence Park Township, Pennsylvania An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Erie-Western Pennsylvania Port Authority, grantee of FTZ 247, requesting special-purpose subzone status for the facility of GE Transportation, located in Lawrence Park Township, Pennsylvania. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on May 16, 2013. The proposed subzone (350 acres) is located at 2901 East Lake Road, Lawrence Park Township, Erie County, Pennsylvania. No production activity has been requested at this time, but the company has indicated that a notification of proposed production activity will be submitted. Any such notifications will be published separately for public comment. The PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–70–2013] Foreign-Trade Zone 247—Erie, Pennsylvania, Application for Subzone, GE Transportation, Grove City, Pennsylvania An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Erie-Western Pennsylvania Port Authority, grantee of FTZ 247, requesting special-purpose subzone status for the facility of GE Transportation, located in Grove City, Pennsylvania. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on May 16, 2013. The proposed subzone (49 acres) is located at 1503 West Main Street Ext., Grove City, Mercer County, Pennsylvania. No production activity has been requested at this time, but the E:\FR\FM\22MYN1.SGM 22MYN1 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Notices company has indicated that a notification of proposed production activity will be submitted. Any such notifications will be published separately for public comment. The proposed subzone would be subject to the existing activation limit of FTZ 247. In accordance with the Board’s regulations, Elizabeth Whiteman of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is July 1, 2013. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to July 16, 2013. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: May 16, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–12221 Filed 5–21–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–423–808, A–791–805, C–791–806, A–583– 830] Stainless Steel Plate in Coils From Belgium, South Africa, and Taiwan: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 7, 2012, the United States Court of Appeals for the Federal Circuit (CAFC) issued a decision not in harmony with the final determination of the Department of Commerce (the Department) that stainless steel plate in coils (SSPC) from Belgium, South Africa, and Taiwan with TKELLEY on DSK3SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 16:59 May 21, 2013 Jkt 229001 a nominal thickness of 4.75 millimeters (mm), but an actual thickness of less than 4.75 mm, is subject to the AD and CVD Orders on SSPC.1 On March 26, 2013, the United States Court of International Trade (CIT) sustained the Department’s results of redetermination issued in accordance with the CAFC’s decision in ArcelorMittal.2 Those results of redetermination found that SSPC with an actual thickness of less than 4.75 mm, regardless of its nominal thickness, is not subject to the AD and CVD Orders on SSPC.3 Consistent with the CAFC’s decision in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final CAFC judgment in this case is not in harmony with the Department’s final determination and is amending its Final Scope Ruling concerning SSPC with a 1 See ArcelorMittal Stainless Belgium N.V. v. United States, 694 F.3d 82 (Fed. Cir. 2012) (ArcelorMittal). Because the description of the scopes in the multiple SSPC orders is identical and given the nature of the inquiry, the Department has considered it appropriate pursuant to 19 CFR 351.225(m) to conduct a single inquiry and issue a single scope ruling that applies to all such orders. See Notice of Amended Final Determinations: Stainless Steel Plate in Coils from Belgium and South Africa; and Notice of Countervailing Duty Orders: Stainless Steel Plate in Coils from Belgium, Italy and South Africa, 64 FR 25288 (May 11, 1999); Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May 21, 1999); Notice of Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68 FR 11520 (March 11, 2003); and Notice of Amended Countervailing Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Italy, and South Africa, 68 FR 11524 (March 11, 2003) (collectively, AD and CVD Orders). The antidumping orders on SSPC from Italy and South Korea and the countervailing duty order on Belgium were revoked effective August 31, 2011, November 16, 2011, and July 18, 2010, respectively. See Stainless Steel Plate in Coils From Italy: Revocation of Antidumping Duty Order, 76 FR 54207 (August 31, 2011); Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Revocation of the Antidumping Duty Order on Stainless Steel Plate in Coils From the Republic of Korea; and Partial Revocation of the Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils From the Republic of Korea, 76 FR 74771 (December 1, 2011); Stainless Steel Plate in Coils from Belgium: Final Results of Full Sunset Review and Revocation of the Countervailing Duty Order, 76 FR 25666 (May 5, 2011). 2 See ArcelorMittal Stainless Belgium N.V. v. United States, Court No. 08–00434 (Ct. Int’l Trade Mar. 26, 2013) (memorandum and order) (Final CIT Order). 3 See Results of Redetermination Pursuant to Remand, dated February 15, 2013 (Second Remand Redetermination). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 30271 nominal thickness of 4.75 mm, but an actual thickness of less than 4.75 mm.4 DATES: Effective Date: September 17, 2012. FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations, Office 8, Import Administration— International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–3965. SUPPLEMENTARY INFORMATION: Having received a scope inquiry request from ArcelorMittal Stainless Belgium N.V. (AMS Belgium),5 the Department, on December 3, 2008, issued its Final Scope Ruling in which it relied upon 19 CFR 351.225(k)(2) to determine that SSPC with a nominal thickness of 4.75mm, but with an actual thickness less than 4.75mm, is included within the scope of the AD and CVD Orders.6 Following a request for a voluntary remand, the CIT remanded the Final Scope Ruling to the Department to reconsider whether SSPC with a nominal thickness of 4.75 mm, but an actual thickness of less than 4.75 mm, is subject to the AD and CVD Orders.7 In remanding the case, the Court directed the Department to apply 19 CFR 351.225, in conjunction with the decisions of the CAFC in Duferco Inc. v. United States, 296 F.3d 1087 (Fed. Cir. 2002), and Tak Fat Trading Co. v. United States, 396 F. 3d 1378 (Fed. Cir. 2005).8 On remand, the Department reexamined the language of the scope and, based in part upon interpreting the language in the context of the SSPC industry, determined it to be ambiguous as to whether it covers SSPC with a nominal thickness of 4.75 mm, but an actual thickness of less than 4.75 mm.9 Having found the scope language ambiguous, the Department then analyzed the criteria specified by 19 CFR 351.225(k)(1), i.e., ‘‘descriptions of the merchandise contained in the petition, the initial investigation, and the determinations of the Secretary (including prior scope determinations) and the {International Trade 4 See Stainless Steel Plate in Coils from Belgium: Final Scope Ruling, dated December 3, 2008 (Final Scope Ruling). 5 Formerly known as Ugine & ALZ Belgium N.V. (U&A) and currently known as Aperam Stainless Belgium A.V. 6 See Final Scope Ruling at 13–14. 7 See ArcelorMittal Stainless Belgium N.V. v. United States, Court No. 08–00434 (Ct. Int’l Trade Mar. 30, 2010) (remand order). 8 See id. at 1–2. 9 See Final Results of Redetermination Pursuant to Remand, dated July 29, 2010 (First Remand Redetermination), at 5–8, 16–17. E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Notices]
[Pages 30270-30271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12221]


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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[S-70-2013]


Foreign-Trade Zone 247--Erie, Pennsylvania, Application for 
Subzone, GE Transportation, Grove City, Pennsylvania

    An application has been submitted to the Foreign-Trade Zones Board 
(the Board) by the Erie-Western Pennsylvania Port Authority, grantee of 
FTZ 247, requesting special-purpose subzone status for the facility of 
GE Transportation, located in Grove City, Pennsylvania. The application 
was submitted pursuant to the provisions of the Foreign-Trade Zones 
Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board 
(15 CFR part 400). It was formally docketed on May 16, 2013.
    The proposed subzone (49 acres) is located at 1503 West Main Street 
Ext., Grove City, Mercer County, Pennsylvania. No production activity 
has been requested at this time, but the

[[Page 30271]]

company has indicated that a notification of proposed production 
activity will be submitted. Any such notifications will be published 
separately for public comment. The proposed subzone would be subject to 
the existing activation limit of FTZ 247.
    In accordance with the Board's regulations, Elizabeth Whiteman of 
the FTZ Staff is designated examiner to review the application and make 
recommendations to the Executive Secretary.
    Public comment is invited from interested parties. Submissions 
shall be addressed to the Board's Executive Secretary at the address 
below. The closing period for their receipt is July 1, 2013. Rebuttal 
comments in response to material submitted during the foregoing period 
may be submitted during the subsequent 15-day period to July 16, 2013.
    A copy of the application will be available for public inspection 
at the Office of the Executive Secretary, Foreign-Trade Zones Board, 
Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230-0002, and in the ``Reading Room'' section of the 
Board's Web site, which is accessible via www.trade.gov/ftz.
    For further information, contact Elizabeth Whiteman at 
Elizabeth.Whiteman@trade.gov or (202) 482-0473.

    Dated: May 16, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013-12221 Filed 5-21-13; 8:45 am]
BILLING CODE 3510-DS-P