Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices 771 

the Business and Professional 

Classification Survey and deleting firms 

and EINs when it is determined they are 

no longer active. 

The MWTS will continue to generate 

its monthly report form through a printon demand system. This system allows 

us to tailor the survey instrument to a 

specific industry. For example, it will 

print an additional instruction for a 

particular NAICS code. This system also 

reduces the time and cost of preparing 

mailout packages that contain unique 

variable data, while improving the look 

and quality of the products produced. 

II. Method of Collection 

We collect this information by 

Internet, fax, mail, and telephone 

follow-up. 

III. Data 

OMB Control Number: 0607–0190. 

Form Number: SM4206–A and 

SM4206–E. 

Type of Review: Regular submission. 

Affected Public: U.S. merchant 

wholesale firms, excluding 

manufacturers’ sales branches and 

offices. 

Estimated Number of Respondents: 

4,500. 

Estimated Time per Response: 7 

minutes. 

Estimated Total Annual Burden 

Hours: 6,300 hours. 

Estimated Total Annual Cost: The 

cost to the respondent for fiscal year 

2010 is estimated to be $182,763. 

Respondent’s Obligation: Voluntary. 

Legal Authority: Title 13, United 

States Code, Section 182. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: January 3, 2011. 

Glenna Mickelson, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2011–6 Filed 1–5–11; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1730] 

Grant of Authority for Subzone Status; 

Dow Corning Corporation (Silicones); 

Carrollton, Elizabethtown and 

Shepherdsville, KY 

Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the 

following Order: 

Whereas, the Foreign-Trade Zones Act 

provides for ‘‘* * * the 

establishment* * * of foreign-trade 

zones in ports of entry of the United 

States, to expedite and encourage 

foreign commerce, and for other 

purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified 

corporations the privilege of 

establishing foreign-trade zones in or 

adjacent to U.S. Customs and Border 

Protection ports of entry; 

Whereas, the Board’s regulations (15 

CFR part 400) provide for the 

establishment of special-purpose 

subzones when existing zone facilities 

cannot serve the specific use involved, 

and when the activity results in a 

significant public benefit and is in the 

public interest; 

Whereas, the Louisville & Jefferson 

County Riverport Authority, grantee of 

Foreign-Trade Zone 29, has made 

application to the Board for authority to 

establish a special-purpose subzone at 

the silicones manufacturing and 

warehousing facilities of Dow Corning 

Corporation, located in Carrollton, 

Elizabethtown and Shepherdsville, 

Kentucky (FTZ Docket 20–2009, filed 5– 

1–2009); 

Whereas, notice inviting public 

comment has been given in the Federal 

Register (74 FR 21621–21622, 5–8– 

2009; 74 FR 32112, 7–7–2009; 74 FR 

46975, 9–14–2009; 74 FR 51128, 10–5– 

2009; 75 FR 31762–31763, 6–4–2010; 75 

FR 44760, 7–29–2010; 75 FR 52927– 

52928, 8–30–2010), a public hearing 

was held on September 1, 2009 and the 

application has been processed 

pursuant to the FTZ Act and the Board’s 

regulations; and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and 

Board’s regulations would be satisfied, 

and that the proposal would be in the 

public interest if subject to the 

restriction listed below; 

Now, therefore, the Board hereby 

grants authority for subzone status for 

activity related to the manufacturing of 

silicones at the facilities of Dow Corning 

Corporation, located in Carrollton, 

Elizabethtown and Shepherdsville, 

Kentucky (Subzone 29K), as described 

in the application and Federal Register 

notice, subject to the FTZ Act and the 

Board’s regulations, including Section 

400.28, and further subject to a 

restriction prohibiting the admission of 

foreign status silicon metal subject to an 

antidumping or countervailing duty 

order. 

Signed at Washington, DC, this 20th day of 

December 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, Alternate Chairman, ForeignTrade Zones Board. 

Attest: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2011–66 Filed 1–5–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1729] 

Reorganization/Expansion of ForeignTrade Zone 14 Under Alternative Site 

Framework; Little Rock, AR 

Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the 

following Order: 

Whereas, the Board adopted the 

alternative site framework (ASF) in 

December 2008 (74 FR 1170–1173, 01/ 

12/09; correction 74 FR 3987, 01/22/09; 

75 FR 71069–71070, 11/22/10) as an 

option for the establishment or 

reorganization of general-purpose zones; 

Whereas, the Arkansas Economic 

Development Commission, grantee of 

Foreign-Trade Zone 14, submitted an 

application to the Board (FTZ Docket 

34–2010, filed 5/11/2010) for authority 

to reorganize under the ASF with a 

service area that includes Clark, 

Conway, Dallas, Faulkner, Garland, 

Grant, Hot Spring, Jefferson, Lonoke, 

Montgomery, Nevada, Pike, Pulaski, 

Pope, Saline, Yell and White Counties, 

Arkansas, within and adjacent to the 

Little Rock Customs and Border 


erowe on DSK5CLS3C1PROD with NOTICES
772 Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices 

1See Changzhou Wujin Fine Chemical Factory 

Co., Ltd. v. United States, No. 09–00216, Slip Op. 

10–85 (Ct. Int’l Trade Aug. 5, 2010); Changzhou 

Wujin Fine Chemical Factory Co., Ltd. v. United 

States, No. 09–00216, Slip Op. 10–103 (Ct. Int’l 

Trade Sept. 13, 2010). 

2See 1–Hydroxyethylidene-1, 1–Diphosphonic 

Acid from the People’s Republic of China: Final 

Determination of Sales at Less Than Fair Value, 74 

FR 10545 (March 11, 2009) (‘‘Final Determination’’); 

1–Hydroxyethylidene-1, 1–Diphosphonic Acid from 

India and the People’s Republic of China: 

Antidumping Duty Orders, 74 FR 19197 (April 28, 

2009) (‘‘Antidumping Duty Order’’). 

3See Final Determination, 74 FR at 10545. 

4See Changzhou Wujin Fine Chemical Factory 

Co., Ltd. v. United States, No. 09–00216 (Ct. Int’l 

Trade Feb. 8, 2010). 

5See Final Results of Redetermination Pursuant 

to Court Order: Changzhou Wujin Fine Chemical 

Factory Co., Ltd. v. United States (May 3, 2010) at 

1–9. 

6See Changzhou Wujin Fine Chemical Factory 

Co., Ltd. v. United States, No. 09–00216, Slip Op. 

10–103 (Ct. Int’l Trade Sept. 13, 2010). 

7 In the event the CIT’s decision is affirmed on 

appeal, the Department will publish an amended 

final determination revising the separate rate 

assigned to Jiangsu Jianghai and issue revised cash 

deposit instructions to U.S. Customs and Border 

Protection (‘‘CBP’’). 

8See 1–Hydroxyethylidene-1, 1–Diphosphonic 

Acid From the People’s Republic of China: Notice 

of Decision of the Court of International Trade Not 

in Harmony, 75 FR 78967 (December 17, 2010) 

(‘‘Timken Notice’’). 

9 Id. at 78968. 

Protection port of entry, FTZ 14’s 

existing Sites 1–3 would be categorized 

as magnet sites, Site 1 would be 

expanded to include additional acreage 

and the grantee proposes an initial 

usage-driven site (Site 4); 

Whereas, notice inviting public 

comment was given in the Federal 

Register (75 FR 27982–27983, 5/19/10) 

and the application has been processed 

pursuant to the FTZ Act and the Board’s 

regulations; and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and 

Board’s regulations are satisfied, and 

that the proposal is in the public 

interest; 

Now, therefore, the Board hereby 

orders: 

The application to reorganize and 

expand FTZ 14 under the alternative 

site framework is approved, subject to 

the FTZ Act and the Board’s regulations, 

including Section 400.28, to the Board’s 

standard 2,000-acre activation limit for 

the overall general-purpose zone 

project, to a five-year ASF sunset 

provision for magnet sites that would 

terminate authority for Sites 2 and 3 if 

not activated by December 31, 2015, and 

to a three-year ASF sunset provision for 

usage-driven sites that would terminate 

authority for Site 4 if no foreign-status 

merchandise is admitted for a bona fide 

customs purpose by December 31, 2013. 

Signed at Washington, DC this 20th day of 

December, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, Alternate Chairman, ForeignTrade Zones Board. 

Attest: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2011–61 Filed 1–5–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–934] 

1–Hydroxyethylidene-1, 1– 

Diphosphonic Acid From the People’s 

Republic of China: Amended Final 

Determination of Sales at Less Than 

Fair Value and Amended Antidumping 

Duty Order in Accordance With Final 

Court Decision and Correction to 

Notice of Decision of the Court of 

International Trade Not in Harmony 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: January 6, 2011. 

SUMMARY: On September 13, 2010, the 

United States Court of International 

Trade (‘‘CIT’’) sustained the remand 

determination made by the Department 

of Commerce (the ‘‘Department’’) 

pursuant to the CIT’s remand of the 

final determination in the antidumping 

duty investigation on 1- 

hydroxyethylidene-1, 1-diphosphonic 

acid (‘‘HEDP’’) from the People’s 

Republic of China (‘‘PRC’’) and ordered 

the case dismissed.1 This case arises out 

of the Department’s final determination 

in the antidumping investigation on 

HEDP from the PRC.2 As there is now 

a final and conclusive court decision in 

this action with respect to Changzhou 

Wujin Fine Chemical Factory Co., Ltd. 

(‘‘Wujin Fine’’), the Department is 

amending its Final Determination and 

Antidumping Duty Order. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Higgins, AD/CVD Operations, 

Office 4, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington DC 20230; telephone: (202) 

482–0679. 

SUPPLEMENTARY INFORMATION: On March 

11, 2009, the Department published its 

Final Determination in which it 

determined that HEDP from the PRC is 

being, or is likely to be, sold in the 

United States at less than fair value as 

provided in section 735 of the Tariff Act 

of 1930, as amended (the ‘‘Act’’).3

Separate rate respondent companies 

Wujin Fine and Jiangsu Jianghai 

Chemical Group Co., Ltd. (‘‘Jiangsu 

Jianghai’’) timely challenged certain 

aspects of the Final Determination to the 

CIT. Among the issues raised before the 

CIT was whether the Department 

properly corroborated the adverse facts 

available (‘‘AFA’’) rate upon which it 

relied in calculating the separate rate. 

On February 8, 2010, the CIT granted 

the United States’ motion for a 

voluntary remand to reconsider the 

separate rate assigned to Wujin Fine and 

Jiangsu Jianghai after examining 

whether the Department corroborated 

the AFA rate upon which it relied in 

calculating the separate rate.4 In a 

remand determination filed on May 3, 

2010, the Department determined that 

the AFA rate upon which the 

Department relied in calculating the 

separate rate was not corroborated in the 

Final Determination.5 Consequently, the 

Department calculated a revised 

separate rate of 15.47 percent for Wujin 

Fine and Jiangsu Jianghai relying on a 

second AFA rate that did not require 

corroboration. 

On September 13, 2010, the CIT 

sustained the Department’s remand 

redetermination, and subsequently 

dismissed the case.6 On November 12, 

2010, Jiangsu Jianghai filed an appeal 

with the United States Court of Appeals 

for the Federal Circuit (‘‘CAFC’’) of the 

CIT’s decision.7 Wujin Fine, however, 

elected not to appeal the CIT’s decision. 

Consistent with the decision of the 

CAFC in Timken Co. v. United States, 

893 F.2d 337 (Fed. Cir. 1990), the 

Department published in the Federal 

Register a notice of a court decision that 

is not ‘‘in harmony’’ with the 

Department’s final determination.8 The 

Timken Notice incorrectly stated that, 

‘‘In the event the CIT’s decision is 

affirmed on appeal, the Department will 

publish an amended final determination 

revising the separate rate assigned to 

Wujin Fine and Jiangsu Jianghai and 

issue revised cash deposit instructions 

to U.S. Customs and Border 

Protection.’’ 9 As noted above, only 

Jiangsu Jianghai appealed the CIT’s 

decision with the CAFC. Because Wujin 

Fine did not appeal the CIT’s decision 

and the period to appeal that decision 

has expired, the CIT decision is final 

and conclusive for Wujin Fine. 

Accordingly, the Department is 

amending its Final Determination and 

Antidumping Duty Order. 


erowe on DSK5CLS3C1PROD with NOTICES