Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2019-2020, 64453-64454 [2021-25187]
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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: November 15, 2021.
Camille Evans,
Acting Executive Secretary.
[FR Doc. 2021–25186 Filed 11–17–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
Certain Cased Pencils From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has completed its
administrative review of the
antidumping duty order on certain
cased pencils (cased pencils) from the
People’s Republic of China (China) for
the period of review (POR) December 1,
2019, through November 30, 2020. We
continue to find that Wah Yuen
Stationery Co. Ltd. and Shandong Wah
Yuen Stationery Co. Ltd. (collectively,
Wah Yuen) had no shipments of cased
pencils during the POR. We also
continue to find that Tianjin Tonghe
Stationery Co., Ltd. (Tianjin Tonghe)
and Ningbo Homey Union Co., Ltd.
(Ningbo Homey) are not eligible for a
separate rate and should be treated as
part of the China-wide entity.
DATES: Applicable November 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Brian Smith, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC, 20230; telephone: 202–482–6478 or
202–482–1766, respectively.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On September 7, 2021, Commerce
published the Preliminary Results in the
Federal Register.1 We invited interested
parties to comment on the Preliminary
Results; however, no interested parties
1 See Certain Cased Pencils from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019–
2020, 86 FR 50023 (September 7, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
VerDate Sep<11>2014
17:11 Nov 17, 2021
Jkt 256001
submitted comments. Accordingly, we
made no changes to the Preliminary
Results.
Scope of the Order 2
The merchandise covered by the
Order is certain cased pencils of any
shape or dimension (except as described
below) which are writing and/or
drawing instruments that feature cores
of graphite or other materials, encased
in wood and/or man-made materials,
whether or not decorated and whether
or not tipped (e.g., with erasers, etc.) in
any fashion, and either sharpened or
unsharpened. The pencils subject to the
Order are currently classifiable under
subheading 9609.10.00 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Specifically
excluded from the scope of the Order
are mechanical pencils, cosmetic
pencils, pens, non-cased crayons (wax),
pastels, charcoals, chalks, and pencils
produced under U.S. patent number
6,217,242, from paper infused with
scents by the means covered in the
above-referenced patent, thereby having
odors distinct from those that may
emanate from pencils lacking the scent
infusion. Also excluded from the scope
of the Order are pencils with all of the
following physical characteristics: (1)
Length: 13.5 or more inches; (2) sheath
diameter: not less than one-and-one
quarter inches at any point (before
sharpening); and (3) core length: not
more than 15 percent of the length of
the pencil.
In addition, pencils with all of the
following physical characteristics are
excluded from the scope of the Order:
Novelty jumbo pencils that are
octagonal in shape, approximately ten
inches long, one inch in diameter before
sharpening, and three-and-one eighth
inches in circumference, composed of
turned wood encasing one-and-one half
inches of sharpened lead on one end
and a rubber eraser on the other end.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
merchandise covered by the scope of the
Order is dispositive.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that Wah Yuen 3 had no
2 See Certain Cased Pencils from the People’s
Republic of China: Continuation of Antidumping
Duty Order, 82 FR 41608 (September 1, 2017); and
Antidumping Duty Order: Certain Cased Pencils
from the People’s Republic of China, 59 FR 66909
(December 28, 1994) (collectively, Order).
3 Commerce determined that Wah Yuen
Stationery Co. Ltd. and Shandong Wah Yuen
Stationery Co. Ltd. are affiliated and should be
treated as a single entity in the Preliminary Results
and prior administrative reviews. See Preliminary
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
64453
shipments of cased pencils during the
POR, based on our analysis of U.S.
Customs and Border Protection (CBP)
entry documentation and Wah Yuen’s
questionnaire responses.4 We received
no comments on our preliminary
finding. As there is no information on
the record that calls into question this
preliminary finding, we continue to find
in the final results of this review that
Wah Yuen had no shipments of subject
merchandise during the POR.
China-Wide Entity
With the exception of Wah Yuen, we
find all other companies for which a
review was requested to be part of the
China-wide entity, because they did not
file no-shipment statements, separate
rate applications, or separate rate
certifications. Accordingly, Tianjin
Tonghe and Ningbo Homey are part of
the China-wide entity. Because no party
requested a review of the China-wide
entity, and Commerce no longer
considers the China-wide entity as an
exporter, conditionally subject to
administrative reviews, we did not
conduct a review of the China-wide
entity.5 The rate previously established
for the China-wide entity is 114.90
percent and is not subject to change as
a result of this review.6
Assessment Rates
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries in accordance with
section 751(a)(2)(C) of the Tariff Act of
1930, as amended, (the Act) and 19 CFR
351.212(b). Because we determined that
Tianjin Tonghe and Ningbo Homey are
not eligible for a separate rate and are
part of the China-wide entity, we intend
to instruct CBP to apply an ad valorem
assessment rate of 114.90 percent (i.e.,
Results PDM at 1, n.2; see also Certain Cased
Pencils from the People’s Republic of China:
Preliminary Results of Antidumping Duty New
Shipper Review; 2014–2015, 81 FR 37573 (June 10,
2016), and accompanying PDM at 9–10, unchanged
in Certain Cased Pencils from the People’s Republic
of China: Final Results of Antidumping Duty New
Shipper Review; 2014–2015, 81 FR 74764 (October
27, 2016). We received no comments regarding our
treatment of these companies as a single entity and
therefore continue to collapse them for the final
results of this administrative review.
4 See Wah Yuen’s Letter, ‘‘Certain Cased Pencils
from the People’s Republic of China: Section A
Questionnaire Response,’’ dated May 18, 2021; see
also Memorandum, ‘‘Entry Summary
Documentation,’’ dated June 30, 2021.
5 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
6 See Certain Cased Pencils from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2012–2013, 80 FR
26897 (May 11, 2015).
E:\FR\FM\18NON1.SGM
18NON1
64454
Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices
the China-wide entity rate) to all entries
of subject merchandise during the POR
that were exported by these companies.
In addition, as Commerce continues to
find that Wah Yuen did not have any
shipments of subject merchandise
during the POR, we will instruct CBP to
assess any suspended entries of subject
merchandise associated with Wah Yuen
at the China-wide rate.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of these final results of
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
Wah Yuen’s cash deposit rate will
continue to be its existing exporterproducer specific rate, 30.55 percent; 7
(2) for previously investigated or
reviewed Chinese and non-Chinese
exporters for which a review was not
requested and that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate published for the most
recently-completed period; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity; and (4) for all nonChinese exporters of subject
merchandise that have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
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 duties prior to
7 See Certain Cased Pencils from the People’s
Republic of China: Amended Final Results of
Antidumping Duty New Shipper Review; 2014–
2015, 81 FR 92784 (December 20, 2016).
VerDate Sep<11>2014
17:11 Nov 17, 2021
Jkt 256001
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. 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 terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h) and 19 CFR
351.221(b)(5).
Dated: November 10, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2021–25187 Filed 11–17–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB519]
Fisheries of the Gulf of Mexico;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 75 life history
topical working group data scoping
webinar for Gulf of Mexico gray
snapper.
AGENCY:
The SEDAR 75 assessment of
Gulf of Mexico gray snapper will consist
of a series of assessment webinars. See
SUPPLEMENTARY INFORMATION.
DATES: The SEDAR 75 data scoping
webinar for the life history topical
working group will be held December 9,
SUMMARY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
2021, from 1 p.m. until 3 p.m. Eastern.
The established times may be adjusted
as necessary to accommodate the timely
completion of discussion relevant to the
assessment process. Such adjustments
may result in the meeting being
extended from or completed prior to the
time established by this notice.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. The webinar is open
to members of the public. Those
interested in participating should
contact Julie A. Neer at SEDAR (see FOR
FURTHER INFORMATION CONTACT) to
request an invitation providing webinar
access information. Please request
webinar invitations at least 24 hours in
advance of each webinar.
SEDAR address: 4055 Faber Place
Drive, Suite 201, North Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT: Julie
A. Neer, SEDAR Coordinator; (843) 571–
4366; email: Julie.neer@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a multistep process including: (1) Data
Workshop; (2) Assessment Process
utilizing webinars; and (3) Review
Workshop. The product of the Data
Workshop is a data report that compiles
and evaluates potential datasets and
recommends which datasets are
appropriate for assessment analyses.
The product of the Assessment Process
is a stock assessment report that
describes the fisheries, evaluates the
status of the stock, estimates biological
benchmarks, projects future population
conditions, and recommends research
and monitoring needs. The assessment
is independently peer reviewed at the
Review Workshop. The product of the
Review Workshop is a Summary
documenting panel opinions regarding
the strengths and weaknesses of the
stock assessment and input data.
Participants for SEDAR Workshops are
appointed by the Gulf of Mexico, South
Atlantic, and Caribbean Fishery
Management Councils and NOAA
Fisheries Southeast Regional Office,
HMS Management Division, and
Southeast Fisheries Science Center.
Participants include data collectors and
database managers; stock assessment
scientists, biologists, and researchers;
constituency representatives including
E:\FR\FM\18NON1.SGM
18NON1
Agencies
[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64453-64454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25187]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has completed its
administrative review of the antidumping duty order on certain cased
pencils (cased pencils) from the People's Republic of China (China) for
the period of review (POR) December 1, 2019, through November 30, 2020.
We continue to find that Wah Yuen Stationery Co. Ltd. and Shandong Wah
Yuen Stationery Co. Ltd. (collectively, Wah Yuen) had no shipments of
cased pencils during the POR. We also continue to find that Tianjin
Tonghe Stationery Co., Ltd. (Tianjin Tonghe) and Ningbo Homey Union
Co., Ltd. (Ningbo Homey) are not eligible for a separate rate and
should be treated as part of the China-wide entity.
DATES: Applicable November 18, 2021.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Brian Smith, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC, 20230; telephone: 202-482-6478 or 202-482-
1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2021, Commerce published the Preliminary Results in
the Federal Register.\1\ We invited interested parties to comment on
the Preliminary Results; however, no interested parties submitted
comments. Accordingly, we made no changes to the Preliminary Results.
---------------------------------------------------------------------------
\1\ See Certain Cased Pencils from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2019-2020, 86 FR
50023 (September 7, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
Scope of the Order \2\
---------------------------------------------------------------------------
\2\ See Certain Cased Pencils from the People's Republic of
China: Continuation of Antidumping Duty Order, 82 FR 41608
(September 1, 2017); and Antidumping Duty Order: Certain Cased
Pencils from the People's Republic of China, 59 FR 66909 (December
28, 1994) (collectively, Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is certain cased pencils of
any shape or dimension (except as described below) which are writing
and/or drawing instruments that feature cores of graphite or other
materials, encased in wood and/or man-made materials, whether or not
decorated and whether or not tipped (e.g., with erasers, etc.) in any
fashion, and either sharpened or unsharpened. The pencils subject to
the Order are currently classifiable under subheading 9609.10.00 of the
Harmonized Tariff Schedule of the United States (HTSUS). Specifically
excluded from the scope of the Order are mechanical pencils, cosmetic
pencils, pens, non-cased crayons (wax), pastels, charcoals, chalks, and
pencils produced under U.S. patent number 6,217,242, from paper infused
with scents by the means covered in the above-referenced patent,
thereby having odors distinct from those that may emanate from pencils
lacking the scent infusion. Also excluded from the scope of the Order
are pencils with all of the following physical characteristics: (1)
Length: 13.5 or more inches; (2) sheath diameter: not less than one-
and-one quarter inches at any point (before sharpening); and (3) core
length: not more than 15 percent of the length of the pencil.
In addition, pencils with all of the following physical
characteristics are excluded from the scope of the Order: Novelty jumbo
pencils that are octagonal in shape, approximately ten inches long, one
inch in diameter before sharpening, and three-and-one eighth inches in
circumference, composed of turned wood encasing one-and-one half inches
of sharpened lead on one end and a rubber eraser on the other end.
Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the merchandise covered by
the scope of the Order is dispositive.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Wah Yuen \3\
had no shipments of cased pencils during the POR, based on our analysis
of U.S. Customs and Border Protection (CBP) entry documentation and Wah
Yuen's questionnaire responses.\4\ We received no comments on our
preliminary finding. As there is no information on the record that
calls into question this preliminary finding, we continue to find in
the final results of this review that Wah Yuen had no shipments of
subject merchandise during the POR.
---------------------------------------------------------------------------
\3\ Commerce determined that Wah Yuen Stationery Co. Ltd. and
Shandong Wah Yuen Stationery Co. Ltd. are affiliated and should be
treated as a single entity in the Preliminary Results and prior
administrative reviews. See Preliminary Results PDM at 1, n.2; see
also Certain Cased Pencils from the People's Republic of China:
Preliminary Results of Antidumping Duty New Shipper Review; 2014-
2015, 81 FR 37573 (June 10, 2016), and accompanying PDM at 9-10,
unchanged in Certain Cased Pencils from the People's Republic of
China: Final Results of Antidumping Duty New Shipper Review; 2014-
2015, 81 FR 74764 (October 27, 2016). We received no comments
regarding our treatment of these companies as a single entity and
therefore continue to collapse them for the final results of this
administrative review.
\4\ See Wah Yuen's Letter, ``Certain Cased Pencils from the
People's Republic of China: Section A Questionnaire Response,''
dated May 18, 2021; see also Memorandum, ``Entry Summary
Documentation,'' dated June 30, 2021.
---------------------------------------------------------------------------
China-Wide Entity
With the exception of Wah Yuen, we find all other companies for
which a review was requested to be part of the China-wide entity,
because they did not file no-shipment statements, separate rate
applications, or separate rate certifications. Accordingly, Tianjin
Tonghe and Ningbo Homey are part of the China-wide entity. Because no
party requested a review of the China-wide entity, and Commerce no
longer considers the China-wide entity as an exporter, conditionally
subject to administrative reviews, we did not conduct a review of the
China-wide entity.\5\ The rate previously established for the China-
wide entity is 114.90 percent and is not subject to change as a result
of this review.\6\
---------------------------------------------------------------------------
\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\6\ See Certain Cased Pencils from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2012-2013, 80 FR 26897 (May 11, 2015).
---------------------------------------------------------------------------
Assessment Rates
Commerce shall determine, and CBP shall assess, antidumping duties
on all appropriate entries in accordance with section 751(a)(2)(C) of
the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.212(b).
Because we determined that Tianjin Tonghe and Ningbo Homey are not
eligible for a separate rate and are part of the China-wide entity, we
intend to instruct CBP to apply an ad valorem assessment rate of 114.90
percent (i.e.,
[[Page 64454]]
the China-wide entity rate) to all entries of subject merchandise
during the POR that were exported by these companies. In addition, as
Commerce continues to find that Wah Yuen did not have any shipments of
subject merchandise during the POR, we will instruct CBP to assess any
suspended entries of subject merchandise associated with Wah Yuen at
the China-wide rate.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results of
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) Wah Yuen's cash deposit rate will continue to be its
existing exporter-producer specific rate, 30.55 percent; \7\ (2) for
previously investigated or reviewed Chinese and non-Chinese exporters
for which a review was not requested and that received a separate rate
in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific rate published for the
most recently-completed period; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate for the China-
wide entity; and (4) for all non-Chinese exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
---------------------------------------------------------------------------
\7\ See Certain Cased Pencils from the People's Republic of
China: Amended Final Results of Antidumping Duty New Shipper Review;
2014-2015, 81 FR 92784 (December 20, 2016).
---------------------------------------------------------------------------
Notification to Importers Regarding the Reimbursement of Duties
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 duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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
terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and
19 CFR 351.221(b)(5).
Dated: November 10, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-25187 Filed 11-17-21; 8:45 am]
BILLING CODE 3510-DS-P