Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results, 53457-53458 [2022-18803]

Download as PDF Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 / Notices black inkjet ink bottles for retail sale (duty rate ranges from 1.8% to 5.3%). The proposed foreign-status materials and components include plastic shrink film, plastic caps for bottles, plastic pouches, and silicone slit valves (duty rate ranges from 3% to 5.3%). The request indicates that certain materials/ components are subject to duties under Section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is October 11, 2022. A copy of the notification will be available for public inspection in the ‘‘Online FTZ Information System’’ section of the Board’s website. For further information, contact Diane Finver at Diane.Finver@trade.gov. Dated: August 25, 2022. Andrew McGilvray, Executive Secretary. [FR Doc. 2022–18780 Filed 8–30–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–809] Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 24, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Hyundai Steel Company v. United States, Consol. Court No. 18–00154, sustaining the U.S. Department of Commerce (Commerce)’s fourth remand results pertaining to the administrative review of the antidumping duty (AD) order on circular welded non-alloy steel pipe from the Republic of Korea (Korea) covering the period November 1, 2015, through October 31, 2016. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margins lotter on DSK11XQN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 16:59 Aug 30, 2022 Jkt 256001 assigned to Hyundai Steel Company and SeAH Steel Corporation. DATES: Applicable September 3, 2022. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0410. SUPPLEMENTARY INFORMATION: Background On June 13, 2018, Commerce published its Final Results in the 2015– 2016 AD administrative review of circular welded non-alloy steel pipe from Korea. Commerce found that a particular market situation (PMS) existed in Korea and calculated weighted-average dumping margins of 30.85 percent for Hyundai Steel Company and 19.28 percent for SeAH Steel Corporation.1 Commerce also calculated a combined assessment rate for Hyundai’s affiliated importers. Hyundai Steel Company and SeAH Steel Corporation appealed Commerce’s Final Results. On November 25, 2019, the CIT remanded the Final Results to Commerce, finding that: (1) Commerce’s determination of the existence of a PMS in the Final Results is unsupported by substantial evidence and remanded the issue to Commerce for further proceedings; and (2) Commerce’s departure from its normal practice of calculating importer-specific assessment rates with respect to Hyundai Steel Company was unsupported by substantial evidence and remanded the issue to Commerce for further proceedings.2 In its first remand redetermination, issued on February 26, 2020, Commerce further considered its PMS determination and recalculated Hyundai Steel Company’s assessment rates on an importer-specific basis.3 The CIT remanded for a second time, ordering Commerce to explain the statutory authority to conduct a costbased PMS analysis when normal value is based on home market sales and to adjust the cost of production (COP) for purposes of the sales-below-cost test.4 In 1 See Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2015– 2016, 83 FR 27541 (June 13, 2018) (Final Results). 2 See Hyundai Steel Company v. United States, 415 F. Supp. 3d 1293 (CIT 2019). 3 See Final Results of Redetermination Pursuant to Court Remand Circular Welded Non-Alloy Steel Pipe from the Republic of Korea, Consolidated Court No. 18–00154, Slip Op. 19–148 (CIT November 25, 2019), dated February 26, 2020 (First Remand), available at https://access.trade.gov/ resources/remands/19-148.pdf. 4 See Hyundai Steel Company v. United States, 483 F. Supp. 3d 1273 (CIT 2020). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 53457 its second remand redetermination, issued on February 2, 2021, Commerce provided its interpretation of the statutory authority in accordance with the Court’s order.5 The CIT remanded for a third time, ordering Commerce to reconsider its PMS determination and adjustment in light of its opinion that Commerce may not adjust the COP when using normal value based on home market sales, and that Commerce is not authorized to adjust the COP for purposes of the salesbelow-cost test.6 In its third remand redetermination, issued on September 8, 2021, Commerce recalculated the weighted-average dumping margin of Hyundai Steel Company with no adjustment to account for the PMS that Commerce had found to have existed during the period of review; Commerce also recalculated the rate for the second mandatory respondent, Husteel Co., Ltd., for the sole purpose of calculating the rate for SeAH Steel Corporation, the non-examined company which is a party to this litigation but, in recalculating Husteel Co., Ltd.’s rate, Commerce continued to apply a PMS adjustment for normal value in situations where normal value was determined based on constructed value.7 The CIT remanded for a fourth time, holding that Commerce calculated SeAH Steel Corporation’s dumping margin improperly using an average of dumping rates based, in part, on a PMS determination that was unsupported by substantial evidence, and ordering Commerce to recalculate SeAH Steel Corporation’s dumping margin in accordance with its opinion.8 In its final remand redetermination, issued in August 2022, Commerce, under respectful protest, recalculated the weighted-average dumping margin for SeAH Steel Corporation without making a cost-based PMS adjustment.9 The CIT 5 See Final Results of Redetermination Pursuant to Court Remand Circular Welded Non-Alloy Steel Pipe from the Republic of Korea, Consolidated Court No. 18–00154, Slip Op. 20–168 (CIT November 23, 2020), dated February 2, 2021 (Second Remand)), available at https:// access.trade.gov/Resources/remands/20-168.pdf. 6 See Hyundai Steel Company v. United States, 531 F. Supp. 3d 1344 (CIT 2021). 7 See Final Results of Redetermination Pursuant to Court Remand, Consolidated Court No. 18– 00154, Slip Op. 21–88 (CIT July 19, 2021), dated September 8, 2021 (Third Remand), available at https://access.trade.gov/resources/remands/2188.pdf. 8 See Hyundai Steel Company v. United States, Court No. 18–00154, Slip Op. 22–67 (CIT June 15, 2022). 9 See Final Results of Redetermination Pursuant to Court Remand Circular Welded Non-Alloy Steel Pipe from the Republic of Korea, Consolidated Court No. 18–00154, Slip Op. 22–67 (CIT June 15, E:\FR\FM\31AUN1.SGM Continued 31AUN1 53458 Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 / Notices sustained Commerce’s final redetermination.10 USA; or (2) were produced and/or exported by SeAH Steel Corporation; and were entered, or withdrawn from Timken Notice warehouse, for consumption during the In its decision in Timken,11 as period November 1, 2015, through clarified by Diamond Sawblades,12 the October 31, 2016. These entries will Court of Appeals for the Federal Circuit remain enjoined pursuant to the terms held that, pursuant to section 516A(c) of the injunctions during the pendency and (e) of the Tariff Act of 1930, as of any appeals process. amended (the Act), Commerce must In the event the CIT’s ruling is not publish a notice of court decision that appealed, or, if appealed, upheld by a is not ‘‘in harmony’’ with a Commerce final and conclusive court decision, determination and must suspend Commerce intends to instruct CBP to liquidation of entries pending a assess antidumping duties on ‘‘conclusive’’ court decision. The CIT’s unliquidated entries of subject August 24, 2022, judgment constitutes a merchandise that: (1) were produced by final decision of the CIT that is not in Hyundai Steel Company (also known as harmony with Commerce’s Final Hyundai Steel Corporation and Hyundai Results. Thus, this notice is published Steel and the successor-in-interest to in fulfillment of the publication Hyundai HYSCO) and exported by requirements of Timken. Hyundai Steel Company or Hyundai Amended Final Results of Review Corporation, and imported by Hyundai Steel USA, Inc. or Hyundai Corporation Because there is now a final court USA; or (2) were produced and/or judgment, Commerce is amending its exported by SeAH Steel Corporation in Final Results with respect to Hyundai accordance with 19 CFR 351.212(b). We Steel Company and SeAH Steel will instruct CBP to assess antidumping Corporation as follows: duties on all appropriate entries covered by this review when the importerMargin Company (percent) specific ad valorem assessment rate is not zero or de minimis. Where an Hyundai Steel Company ............. 12.92 import-specific ad valorem assessment SeAH Steel Corporation ............. 9.77 rate is zero or de minimis,13 we will instruct CBP to liquidate the appropriate Cash Deposit Requirements entries without regard to antidumping Because Hyundai Steel Company and duties. SeAH Steel Corporation have a superseding cash deposit rate, i.e., there Notification to Interested Parties have been final results published in a This notice is issued and published in subsequent administrative review, we accordance with sections 516A(c) and will not issue revised cash deposit (e), and 777(i)(1) of the Act. instructions to U.S. Customs and Border Dated: August 25, 2022. Protection (CBP). This notice will not Lisa W. Wang, affect the current cash deposit rate. lotter on DSK11XQN23PROD with NOTICES1 Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that: (1) were produced by Hyundai Steel Company (also known as Hyundai Steel Corporation and Hyundai Steel and the successor-in-interest to Hyundai HYSCO) and exported by Hyundai Steel Company or Hyundai Corporation, and imported by Hyundai Steel USA, Inc. or Hyundai Corporation 2022), dated August 2, 2022, available at https:// access.trade.gov/Resources/remands/22-67.pdf. In the Third Redetermination, Commerce recalculated the weighted-average dumping margin of Hyundai Steel with no adjustment to account for the PMS. See Third Redetermination at 10. 10 See Hyundai Steel Company v. United States, Court No. 18–00154, Slip Op. 22–98 (CIT August 24, 2022). 11 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 12 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 16:59 Aug 30, 2022 Jkt 256001 Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–18803 Filed 8–30–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; NIST Invention Disclosure and Inventor Information Collection National Institute of Standards and Technology (NIST), Commerce. AGENCY: Notice of information collection, request for comment. ACTION: 13 See PO 00000 19 CFR 351.106(c)(2). Frm 00018 Fmt 4703 Sfmt 4703 The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before October 31, 2022. ADDRESSES: Interested persons are invited to submit written comments by mail to Maureen O’Reilly, Management Analyst, NIST, by email to PRAcomments@doc.gov. Please reference OMB Control Number 0693– 0085 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Jeffrey DiVietro, Deputy Director, Technology Partnerships Office, NIST, 100 Bureau Drive, MS 2200, Gaithersburg, MD 20899–2200 or Jeffrey.DiVietro@nist.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract The NIST DN–45 Invention Disclosure Form is used to collect information pertaining to inventions created by Federal employees or by nonFederally employed individuals who have created an invention using NIST laboratory facilities as NIST Associates. The collection of this information is required to protect the United States rights to inventions created using Federal resources. The information collected on the form allows the Government to determine: (1) if an invention has been created; (2) the status of any statutory bar that pertains to the potential invention or that may pertain to the invention in the future. The information collected may allow the Government to begin a patent application process. The Inventor Information Sheet is used to collect from individuals who have been named as potential inventors on a NIST Invention Disclosure Form. The collection of this information is used for multiple purposes: (1) Some of the information may be required to file a patent application, if NIST seeks to protect a federally owned invention, pursuant to 35 U.S.C. 207. E:\FR\FM\31AUN1.SGM 31AUN1

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[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53457-53458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18803]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Notice of Court Decision Not in Harmony With the Results of Antidumping 
Administrative Review; Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 24, 2022, the U.S. Court of International Trade 
(CIT) issued its final judgment in Hyundai Steel Company v. United 
States, Consol. Court No. 18-00154, sustaining the U.S. Department of 
Commerce (Commerce)'s fourth remand results pertaining to the 
administrative review of the antidumping duty (AD) order on circular 
welded non-alloy steel pipe from the Republic of Korea (Korea) covering 
the period November 1, 2015, through October 31, 2016. Commerce is 
notifying the public that the CIT's final judgment is not in harmony 
with Commerce's final results of the administrative review, and that 
Commerce is amending the final results with respect to the dumping 
margins assigned to Hyundai Steel Company and SeAH Steel Corporation.

DATES: Applicable September 3, 2022.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0410.

SUPPLEMENTARY INFORMATION:

Background

    On June 13, 2018, Commerce published its Final Results in the 2015-
2016 AD administrative review of circular welded non-alloy steel pipe 
from Korea. Commerce found that a particular market situation (PMS) 
existed in Korea and calculated weighted-average dumping margins of 
30.85 percent for Hyundai Steel Company and 19.28 percent for SeAH 
Steel Corporation.\1\ Commerce also calculated a combined assessment 
rate for Hyundai's affiliated importers.
---------------------------------------------------------------------------

    \1\ See Circular Welded Non-Alloy Steel Pipe from the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review; 
2015-2016, 83 FR 27541 (June 13, 2018) (Final Results).
---------------------------------------------------------------------------

    Hyundai Steel Company and SeAH Steel Corporation appealed 
Commerce's Final Results. On November 25, 2019, the CIT remanded the 
Final Results to Commerce, finding that: (1) Commerce's determination 
of the existence of a PMS in the Final Results is unsupported by 
substantial evidence and remanded the issue to Commerce for further 
proceedings; and (2) Commerce's departure from its normal practice of 
calculating importer-specific assessment rates with respect to Hyundai 
Steel Company was unsupported by substantial evidence and remanded the 
issue to Commerce for further proceedings.\2\ In its first remand 
redetermination, issued on February 26, 2020, Commerce further 
considered its PMS determination and recalculated Hyundai Steel 
Company's assessment rates on an importer-specific basis.\3\
---------------------------------------------------------------------------

    \2\ See Hyundai Steel Company v. United States, 415 F. Supp. 3d 
1293 (CIT 2019).
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea, Consolidated Court No. 18-00154, Slip Op. 19-148 (CIT 
November 25, 2019), dated February 26, 2020 (First Remand), 
available at https://access.trade.gov/resources/remands/19-148.pdf.
---------------------------------------------------------------------------

    The CIT remanded for a second time, ordering Commerce to explain 
the statutory authority to conduct a cost-based PMS analysis when 
normal value is based on home market sales and to adjust the cost of 
production (COP) for purposes of the sales-below-cost test.\4\ In its 
second remand redetermination, issued on February 2, 2021, Commerce 
provided its interpretation of the statutory authority in accordance 
with the Court's order.\5\
---------------------------------------------------------------------------

    \4\ See Hyundai Steel Company v. United States, 483 F. Supp. 3d 
1273 (CIT 2020).
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea, Consolidated Court No. 18-00154, Slip Op. 20-168 (CIT 
November 23, 2020), dated February 2, 2021 (Second Remand)), 
available at https://access.trade.gov/Resources/remands/20-168.pdf.
---------------------------------------------------------------------------

    The CIT remanded for a third time, ordering Commerce to reconsider 
its PMS determination and adjustment in light of its opinion that 
Commerce may not adjust the COP when using normal value based on home 
market sales, and that Commerce is not authorized to adjust the COP for 
purposes of the sales-below-cost test.\6\ In its third remand 
redetermination, issued on September 8, 2021, Commerce recalculated the 
weighted-average dumping margin of Hyundai Steel Company with no 
adjustment to account for the PMS that Commerce had found to have 
existed during the period of review; Commerce also recalculated the 
rate for the second mandatory respondent, Husteel Co., Ltd., for the 
sole purpose of calculating the rate for SeAH Steel Corporation, the 
non-examined company which is a party to this litigation but, in 
recalculating Husteel Co., Ltd.'s rate, Commerce continued to apply a 
PMS adjustment for normal value in situations where normal value was 
determined based on constructed value.\7\
---------------------------------------------------------------------------

    \6\ See Hyundai Steel Company v. United States, 531 F. Supp. 3d 
1344 (CIT 2021).
    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, Consolidated Court No. 18-00154, Slip Op. 21-88 (CIT July 
19, 2021), dated September 8, 2021 (Third Remand), available at 
https://access.trade.gov/resources/remands/21-88.pdf.
---------------------------------------------------------------------------

    The CIT remanded for a fourth time, holding that Commerce 
calculated SeAH Steel Corporation's dumping margin improperly using an 
average of dumping rates based, in part, on a PMS determination that 
was unsupported by substantial evidence, and ordering Commerce to 
recalculate SeAH Steel Corporation's dumping margin in accordance with 
its opinion.\8\ In its final remand redetermination, issued in August 
2022, Commerce, under respectful protest, recalculated the weighted-
average dumping margin for SeAH Steel Corporation without making a 
cost-based PMS adjustment.\9\ The CIT

[[Page 53458]]

sustained Commerce's final redetermination.\10\
---------------------------------------------------------------------------

    \8\ See Hyundai Steel Company v. United States, Court No. 18-
00154, Slip Op. 22-67 (CIT June 15, 2022).
    \9\ See Final Results of Redetermination Pursuant to Court 
Remand Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea, Consolidated Court No. 18-00154, Slip Op. 22-67 (CIT June 15, 
2022), dated August 2, 2022, available at https://access.trade.gov/Resources/remands/22-67.pdf. In the Third Redetermination, Commerce 
recalculated the weighted-average dumping margin of Hyundai Steel 
with no adjustment to account for the PMS. See Third Redetermination 
at 10.
    \10\ See Hyundai Steel Company v. United States, Court No. 18-
00154, Slip Op. 22-98 (CIT August 24, 2022).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\11\ as clarified by Diamond 
Sawblades,\12\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's August 24, 2022, judgment constitutes a final decision of the 
CIT that is not in harmony with Commerce's Final Results. Thus, this 
notice is published in fulfillment of the publication requirements of 
Timken.
---------------------------------------------------------------------------

    \11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \12\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results of Review

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Hyundai Steel Company and SeAH Steel 
Corporation as follows:

------------------------------------------------------------------------
                                                                Margin
                           Company                             (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................       12.92
SeAH Steel Corporation......................................        9.77
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Hyundai Steel Company and SeAH Steel Corporation have a 
superseding cash deposit rate, i.e., there have been final results 
published in a subsequent administrative review, we will not issue 
revised cash deposit instructions to U.S. Customs and Border Protection 
(CBP). This notice will not affect the current cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: (1) were produced by Hyundai Steel Company 
(also known as Hyundai Steel Corporation and Hyundai Steel and the 
successor-in-interest to Hyundai HYSCO) and exported by Hyundai Steel 
Company or Hyundai Corporation, and imported by Hyundai Steel USA, Inc. 
or Hyundai Corporation USA; or (2) were produced and/or exported by 
SeAH Steel Corporation; and were entered, or withdrawn from warehouse, 
for consumption during the period November 1, 2015, through October 31, 
2016. These entries will remain enjoined pursuant to the terms of the 
injunctions during the pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise that: (1) were produced by Hyundai Steel Company 
(also known as Hyundai Steel Corporation and Hyundai Steel and the 
successor-in-interest to Hyundai HYSCO) and exported by Hyundai Steel 
Company or Hyundai Corporation, and imported by Hyundai Steel USA, Inc. 
or Hyundai Corporation USA; or (2) were produced and/or exported by 
SeAH Steel Corporation in accordance with 19 CFR 351.212(b). We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review when the importer-specific ad valorem assessment 
rate is not zero or de minimis. Where an import-specific ad valorem 
assessment rate is zero or de minimis,\13\ we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e), and 777(i)(1) of the Act.

    Dated: August 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-18803 Filed 8-30-22; 8:45 am]
BILLING CODE 3510-DS-P
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