International Trade Administration 2007 – Federal Register Recent Federal Regulation Documents
Results 201 - 250 of 854
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, Singapore, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Review in Part
On June 6, 2007, the Department of Commerce published the preliminary results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, Singapore, and the United Kingdom. The reviews cover 21 manufacturers/exporters. The period of review is May 1, 2005, through April 30, 2006. Based on our analysis of the comments received, we have made changes, including corrections of certain programming and other ministerial errors, in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Reviews.''
Stainless Steel Bar From the United Kingdom: Notice of Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order in Part
Swagelok Company (Swagelok), an interested party, filed a request for the Department to initiate a changed circumstances review of the antidumping duty order on stainless steel bar from the United Kingdom. Carpenter Technology Corp., Crucible Specialty Metals Division of Crucible Materials Corp., Electralloy Corp., North American Stainless, Universal Stainless & Alloy Products, Inc., and Valbruna Slater Stainless, Inc. (collectively the Domestic Industry) submitted a letter to the Department expressing a lack of interest in continuing to have the product in question subject to the antidumping duty order. The Domestic Industry also stated that it is a major domestic producer of stainless steel bar. Therefore, we are notifying the public of our intent to revoke, in part, the antidumping duty order as it relates to imports of SAF 2507 grade stainless steel bar from the United Kingdom. Interested parties are invited to comment on these preliminary results.
Export Trade Certificate of Review
The Secretary of Commerce issued an Export Trade Certificate of Review to JV Export Trading Company, Inc. on November 23, 1999. Because this Certificate Holder has failed to file an annual report as required by law, the Secretary is revoking the certificate. This notice summarizes the notification letter sent to JV Export Trading Company, Inc.
District Export Council Nomination Opportunity
The U.S. Department of Commerce is currently seeking expressions of interest from individuals in serving as a member of one of the Sixty District Export Councils (DECs) nationwide. The DECs are closely affiliated with the U.S. Export Assistance Centers of the U.S. Commercial Service. DECs combine the energies of more than 1,500 exporters and export service providers who promote U.S. exports. DEC members volunteer at their own expense.
Effect on Propane Consumers of the Propane Education and Research Council's Operations, Market Changes and Federal Programs
The Department of Commerce (the Department) is seeking public comment on whether the operation of the Propane Education and Research Council (PERC), in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on residential, agricultural, process and nonfuel users of propane. This notice of inquiry is part of an effort to collect information to fulfill requirements under the Propane Education and Research Act of 1996 that established PERC and requires the Secretary of Commerce to assess the impact of PERC's activities on propane consumers.
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Reviews
The Department of Commerce (``Department'') has determined that two requests for a new shipper review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam''), received on June 15, 2007, and August 29, 2007, meet the statutory and regulatory requirements for initiation. The period of review (``POR'') for the two new shipper reviews which the Department is initiating is August 1, 2006, through July 31, 2007.
Notice of Final Results of Antidumping Duty Administrative Review: Steel Concrete Reinforcing Bars From Latvia
On June 4, 2007, the Department of Commerce (the Department) published the preliminary results of its fifth administrative review of the antidumping duty order on steel concrete reinforcing bars (rebar) from Latvia. This review covers sales of rebar with respect to one producer of the subject merchandise, Joint Stock Company Liepajas Metalurgs (LM). The period of review (POR) is September 1, 2005, through August 31, 2006. We provided interested parties with an opportunity to comment on the preliminary results of this review, but received no comments. The final results do not differ from the preliminary results of this review. We will instruct the U.S. Customs and Border Protection to assess importer-specific antidumping duties on the subject merchandise exported by LM.
Polyethylene Terephthalate Film, Sheet, and Strip From India and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
On June 1, 2007, the Department of Commerce (the Department) published in the Federal Register the notice of initiation of the five- year sunset reviews of the antidumping duty orders on polyethylene terephthalate film, sheet, and strip (PET Film) from India and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ As a result of adequate substantive response on filed on behalf of domestic interested parties and inadequate response from respondent interested parties, the Department has conducted expedited sunset reviews for these orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(c). As a result of this sunset review, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.
Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Expedited Five-Year (Sunset) Review of the Countervailing Duty Order
On June 1, 2007, the Department of Commerce (the Department) published in the Federal Register the notice of initiation of the first five-year sunset review of the countervailing duty order on polyethylene terephthalate (PET) film from India, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (``Sunset'') Reviews, 72 FR 30544 (June 1, 2007) (Initiation). On the basis of notices of intent to participate and adequate substantive responses filed on behalf of domestic interested parties, and inadequate responses from respondent interested parties (in this case, neither the Government of India nor any of the respondent companies covered by the order provided a response), the Department conducted an expedited sunset review of these orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B) and (C). As a result of this sunset review, the Department finds that revocation of the countervailing duty order is likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ``Final Results of Review'' section of this notice.
Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results and Partial Rescission of the 2005-2006 Antidumping Duty Administrative Review and Preliminary Intent to Rescind 2005-2006 New Shipper Reviews
In response to timely requests from four exporters and the petitioner,\1\ the Department of Commerce (the Department) is conducting the 2005-2006 administrative review of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (PRC). In addition, in response to requests from four new shippers, the Department is also concurrently conducting 2005-2006 new shipper reviews of the above-referenced order. We have preliminarily determined that sales have been made below normal value (NV) by certain exporters participating in the administrative review. Also, we have preliminarily determined that none of the sales by the three new shippers currently under review are bona fide (one new shipper withdrew its request for review) and have preliminarily rescinded these reviews. If these preliminary results are adopted in our final results of these reviews, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of subject merchandise during the period of review (POR) for which the importer-specific assessment rates are above de minimis.
U.S. Electronic Education Fairs for China and India
The deadline for U.S. accredited colleges and universities to sponsor the U.S. Electronic Education Fairs for China and India by purchasing space on the corresponding internet landing pages has been extended to October 26, 2007.
Stainless Steel Bar from Germany; Final Results of the Sunset Review of the Antidumping Duty Order
The Department of Commerce (``the Department'') has conducted a full sunset review of the antidumping duty order on stainless steel bar (``SSB'') from Germany pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). As a result of this review, the Department finds that revocation of the antidumping duty order on SSB from Germany would likely lead to the continuation or recurrence of dumping.
Forged Stainless Steel Flanges from India: Notice of Initiation of Antidumping Duty New Shipper Review
The Department of Commerce (the Department) has received a request for a new shipper review of the antidumping duty order on certain forged stainless steel flanges (flanges) from India issued on February 9, 1994. See Amended Final Determination and Antidumping Duty Order; Certain Forged Stainless Steel Flanges from India, 59 FR 5994 (February 9, 1994). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d) (2005), we are initiating an antidumping new shipper review of Hot Metal Forge (India) Pvt., Ltd. (Hot Metal). The period of review (POR) of this new shipper review is February 1, 2007 through July 31, 2007.
Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, from the People's Republic of China: Final Results of 2005-2006 Administrative Review and Partial Rescission of Review
The Department of Commerce (``the Department'') published its preliminary results of administrative review of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (``TRBs''), from the People's Republic of China (``PRC'') on March 26, 2007. The period of review (``POR'') is June 1, 2005, through May 31, 2006. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to our preliminary results. Therefore, the final results differ from the preliminary results. The final dumping margins for this review are listed in the ``Final Results of Review'' section below.
Export Trade Certificate of Review
This document contains correction to the notice of application to amend the Export Trade Certificate of Review Issued to U.S. Shippers Association published in the Federal Register on Friday, September 14, 2007 (72 FR 52552). The notice of application should have also included the removal of Bayer CropScience from the Export Trade Certificate.
Export Trade Certificate of Review
Export Trading Company Affairs (``ETCA''), International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (``Certificate''). This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued.
Announcement of Performance Review Board Members
5 CFR 430.310 requires agencies to publish notice of Performance Review Board appointees in the Federal Register before their service begins. This notice announces the names of new and existing members of the International Trade Administration's Performance Review Board.
Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Preliminary Results of Changed Circumstances Review and Intent To Reinstate Kolon Industries, Inc. in the Antidumping Duty Order
On November 14, 1996, the Department of Commerce (the Department) revoked in part the antidumping duty order on polyethylene terephthalate film, sheet and strip (PET film) from the Republic of Korea (Korea) with respect to subject merchandise manufactured and exported by Kolon Industries, Inc. (Kolon). See Polythylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Notice of Revocation in Part, 61 FR 58734 (November 14, 1996) (Revocation). As the result of an adequate allegation from domestic interested parties in this proceeding, the Department, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), is now conducting a changed circumstances review to determine whether Kolon has resumed dumping PET film and whether the antidumping order should be reinstated for PET film manufactured and exported by Kolon. See Initiation of Antidumping Duty Changed Circumstances Review: Polyethylene Terephthalate Film Sheet and Strip from Korea, 72 FR 527 (January 5, 2007) (CCR Initiation). We preliminarily determine that Kolon has sold PET film at less than normal value (NV) and that the order on PET film from Korea should be reinstated with respect to PET film manufactured and exported by Kolon. We will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of PET film manufactured and exported by Kolon and entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register.
Notice and Call for Applications for the International Buyer Program for the Period January 1, 2009 Through December 31, 2009
This notice sets forth objectives, procedures and application review criteria associated with support for domestic trade shows by the International Buyer Program of the U.S. Department of Commerce (DOC). This announcement covers selection for International Buyer Program participation for Calendar Year 2009 (January 1, 2009 through December 31, 2009). The International Buyer Program (IBP) was established to bring international buyers together with U.S. firms by promoting leading U.S. trade shows in industries with high export potential. The International Buyer Program emphasizes cooperation between the DOC and trade show organizers to benefit U.S. firms exhibiting at selected events and provides practical, hands-on assistance such as export counseling and market analysis to U.S. companies interested in exporting. The assistance provided to show organizers includes worldwide overseas promotion of selected shows to potential international buyers, end- users, representatives and distributors. The worldwide promotion is executed through the offices of the DOC United States and Foreign Commercial Service (hereinafter referred to as the Commercial Service) in more than 70 countries representing the United States' major trading partners, and also in U.S. Embassies in countries where the Commercial Service does not maintain offices. The Department expects to select approximately 40 shows for the January 1, 2009 through December 31, 2009 period from among applicants to the program. Shows selected for the International Buyer Program will provide a venue for U.S. companies interested in expanding their sales into international markets. Successful show organizer applicants will be required to enter into a Memorandum of Agreement (MOA) with the DOC. The MOA constitutes an agreement between the DOC and the show organizer specifying which responsibilities are to be undertaken by DOC as part of the IBP and, in turn, which responsibilities are to be undertaken by the show organizer. Anyone requesting application information will be sent a sample copy of the MOA along with the application and a copy of this Federal Register Notice. The responsibilities to be undertaken by DOC will be carried out by the Commercial Service.
Initiation of Five-year (“Sunset”) Reviews
In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year review (``Sunset Review'') of the antidumping and countervailing duty orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-year Review which covers the same orders.
Notice of Extension of Time Limit for the Preliminary Results of Administrative Review of the Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate from Russia
The Department of Commerce (the Department) is extending the time limit for the preliminary results of the administrative review on the suspension agreement on cut-to-length carbon steel plate from Russia.
Oil Country Tubular Goods from Mexico: Notice of NAFTA Bi-National Panel's Final Decision, Amended Final Results of Full Sunset Review and Revocation of Antidumping Duty Order
On September 5, 2007, the North American Free Trade Agreement (``NAFTA'') Secretariat published in the Federal Register a notice of completion of panel review of the final remand redetermination made by the U.S. Department of Commerce (the Department) concerning the full sunset review of the antidumping duty order on oil country tubular goods (OCTG) from Mexico. See North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Completion of Panel Review, 72 FR 50934 (September 5, 2007). As there is now a final and conclusive decision in this case, we are amending the final results of the full sunset review and revoking the antidumping duty order on OCTG from Mexico.
Notice of Allocation of Tariff Rate Quotas (TRQ) on the Import of Certain Cotton Shirting Fabrics for Calendar Year 2007
The Department of Commerce (Department) has determined the allocation for Calendar Year 2007 of imports of certain cotton shirting fabrics under tariff rate quotas established by Section 406(b)(1) of the Tax Relief and Health Care Act of 2006 (Public Law No. 109-432). The reduction in duty is applicable to fabric entered or withdrawn from warehouse for consumption under a license during calendar year 2007. Claims for reduction in duty can be made retroactively to U.S. Customs and Border Protection for qualifying fabrics under the license as long as the fabrics were entered or withdrawn from warehouse during calendar year 2007. The companies that are being provided an allocation are listed below.
Certain Preserved Mushrooms from the People's Republic of China: Initiation of New Shipper Review
The Department of Commerce (``the Department'') has received a request from Dujiangyan Xingda Foodstuff Co., Ltd. (``Xingda''), a producer and exporter of preserved mushrooms, to conduct a new shipper review (``NSR'') of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (``PRC''). Since this request meets the statutory and regulatory requirements for initiation, the Department is initiating a NSR of Xingda, in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.214(d).
Fresh Garlic From the People's Republic of China: Final Results of the Eleventh New Shipper Reviews
On April 30, 2007, the Department of Commerce (``the Department'') published the Preliminary Results of the new shipper reviews of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC''), covering the period November 1, 2005, through April 30, 2006. See Fresh Garlic from the People's Republic of China: Preliminary Results of New Shipper Reviews, 72 FR 21219 (April 30, 2007) (``Preliminary Results''). The period of review (``POR'') is November 1, 2005, through April 30, 2006. \1\ Based on our analysis of the comments received, we have made certain changes to our calculations. The final dumping margins for these reviews are listed in the ``Final Results of the Reviews'' section below.
Implementation of the Findings of the WTO Panel in US-Zeroing (EC); Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils From Italy
On August 31, 2007, the U.S. Trade Representative instructed the Department of Commerce (the Department) to implement the Department's findings under section 129 of the Uruguay Round Agreements Act (URAA) regarding the offsetting of dumped sales with non-dumped sales in the above-referenced investigation involving average-to- average transactions. The Department issued its finding on August 20, 2007, for stainless steel sheet and strip in coils from Italy (Italy SSSS) for ThyssenKrupp Acciai Speciali Terni S.P.A. and ThyssenKrupp AST USA, Inc. (collectively ``TKAST'').\1\ The Department hereby implements that finding.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part
The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with August anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received requests to revoke one antidumping duty order and one countervailing duty order in part.
Environmental Technologies Trade Advisory Committee (ETTAC)
The Environmental Technologies Trade Advisory Committee (ETTAC) will hold a plenary meeting on September 28, 2007, at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, in Room 4830. The ETTAC will discuss updated negotiations in the World Trade Organization's environmental goods and services trade liberalization, among other administrative committee priority items. The meeting is open to the public and time will be permitted for public comment. Written comments concerning ETTAC affairs are welcome anytime before or after the meeting. Minutes will be available within 30 days of this meeting. The ETTAC is mandated by Public Law 103-392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently rechartered until September 2008. For further information phone Ellen Bohon, Office of Energy and Environmental Technologies Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482-0359. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at (202) 482-5225.
Brake Rotors From the People's Republic of China: Preliminary Results of the 2006 Semiannual New Shipper Review
The U.S. Department of Commerce (``the Department'') is conducting a semiannual new shipper review of the antidumping duty order on brake rotors from the People's Republic of China (``PRC'') in response to a request from Longkou Qizheng Auto Parts Co., Ltd. (``Qizheng''). The period of review (``POR'') is April 1 through October 31, 2006. We have preliminarily determined that Qizheng's sale is a bona fide transaction. In addition, we have preliminarily determined that Qizheng made its sale during the POR above normal value. If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on the appropriate entry of subject merchandise during the POR if the assessment rate is above de minimis. Interested parties are invited to comment on these preliminary results.
Clean Energy Trade Mission, China and India, January 8-17, 2008
The United States Department of Commerce is organizing a Clean Energy Trade Mission to China and India, January 8-17, 2008. The trade mission will target a broad range of clean energy technologies such as renewable energy, biofuels, energy efficiency, clean coal, and distributed generation, and be led by Assistant Secretary of Commerce David Bohigian. ITA seeks to match participating U.S. companies with prescreened partners, agents, distributors, representatives, licensees or retailers in each of these important sectors. In addition to one-on-one business meetings, the agenda will also include meetings with national and local government officials, networking opportunities, country briefings, and site visits. This mission builds on the first U.S. Clean Energy Technologies Trade Mission, which took place in April 2007 and brought 17 U.S. companies to China and India. The trade mission takes place within the context of both the President's new international framework on climate change, energy security, and economic growth involving the 15 major economies (the Global-15), as well as the Asia-Pacific Partnership on Clean Development and Climate (APP). On May 31, 2007, President Bush announced an effort to develop and implement the Global-15 framework by 2012, which would complement the current United Nations Framework Convention on Climate Change and advance the APP. The APP is a public-private partnership in which member countries work together to facilitate commercial deployment of technologies that reduce greenhouse gas emissions and enhance energy security.
Certain Hot-Rolled, Flat-Rolled Carbon Quality Steel Products from Brazil: Rescission of Antidumping Duty Administrative Review
In response to a request from Nucor Corporation, a domestic interested party (``Nucor''), the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on certain hot-rolled, flat-rolled carbon quality steel products (``hot rolled steel'') from Brazil. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 72 FR 20986 (April 27, 2007). This administrative review covered the period March 1, 2006, through February 28, 2007. We are now rescinding this review due to a request by Nucor to rescind the review.
Export Trade Certificate of Review
On September 17, 2007, The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Northwest Fruit Exporters (``NFE'').
Suspension of Antidumping Duty Investigation: Lemon Juice From Mexico
The Department of Commerce (``the Department'') has suspended the antidumping duty investigation involving lemon juice from Mexico. The basis for this action is an agreement between the Department and The Coca-Cola Company and The Coca-Cola Export Corporation, Mexico Branch (collectively ``Coca-Cola'') to revise their prices to eliminate completely sales of this merchandise to the United States at less than fair value.
Suspension of Antidumping Duty Investigation: Lemon Juice From Argentina
The Department of Commerce (``the Department'') has suspended the antidumping duty investigation involving lemon juice from Argentina. The basis for this action is an agreement between the Department and S.A. San Miguel A.G.I.C. y F. (``San Miguel'') and Citrusvil, S.A. (``Citrusvil'') to revise their prices to eliminate completely sales of this merchandise to the United States at less than fair value.
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Preliminary Results and Partial Rescission of the Third Antidumping Duty Administrative Review
The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam''). See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003) (``Order''). We preliminarily find that QVD Food Company Ltd. (``QVD'') sold subject merchandise at less than normal value (``NV'') during the period of review (``POR''), August 1, 2005, through July 31, 2006. We also preliminarily determine that East Sea Seafoods Joint Venture Co., Ltd. (``East Sea'') has not made sales in the United States at prices below normal value. We continue to find that certain frozen fish fillets produced during the expanded POR \1\ by Lian Heng Investment Co., Ltd. and Lian Heng Trading Co., Ltd. (collectively ``Lian Heng'') were made from Vietnamese-origin fish and therefore, are covered by this review. In addition, we are preliminarily rescinding the review for nine companies \2\ which reported having no shipments of subject merchandise to the United States during the POR. We are also preliminarily rescinding the review for an affiliate of QVD, QVD Dong Thap Food Co., Ltd. (``QVD Dong Thap''), because QVD reported that QVD Dong Thap did not ship any subject merchandise to the United States during the POR.\3\ Finally, we continue to apply an adverse facts available rate of 80.88 percent to Can Tho Agricultural and Animal Products Import Export Company (``CATACO'') because it failed to respond to the Department's two quantity and value questionnaires. If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the POR for which the importer-specific assessment rates are above de minimis.
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