79994 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

in the Public Health Data 

Communication Infrastructure System 

Fund plus the provision for the 

operating balance less any Greenbook 

costs (i.e., costs of USDA support 

services prorated to the service 

component for which fees are charged) 

that are not related to food inspection by 

the previous fiscal year’s total hours 

(regular, overtime, and holiday) worked 

across all funds, plus the quotient 

multiplied by the calendar year’s 

percentage of inflation. 

The calculation for the 2021 overhead 

rate per hour per program employee is: 

[FY 2020 Total Overhead/(Total 

Regular hours + Total Overtime hours + 

Total Holiday hours) ($ 390,719,959/ 

17,848,090)] = $21.89 + ($21.89 * 2.3% 

(2020 Inflation) = $22.39. 

Allowance for Bad Debt Rate = 

Previous fiscal year’s total allowance for 

bad debt (for example, debt owed that 

is not paid in full by plants and 

establishments that declare bankruptcy) 

divided by previous fiscal year’s total 

hours (regular, overtime, and holiday) 

worked. 

The 2021 calculation for bad debt rate 

per hour per program employee is: 

[FY 2020 Total Bad Debt/(Total 

Regular hours + Total Overtime hours + 

Total Holiday hours) = ($49,837/ 

17,848,090)] = $0.00. 

2021 Electronic Export Application 

Fee The 2021 Electronic Export 

Application Fee: 

Labor Cost ($560,901.60+ ($337,369))+ IT Cost ($1,414,285.60+$0) 

576,192 

= $4.01 

As published in the 2016 final rule, 

the Electronic Export Application Fee 

Formula is: 

Labor Cost (Technical Support + Export Library Maintenance) + IT Cost (Ongoing Operations and Maintenance + eAuthentication) 

Number of Export Applications 

The 2021 electronic export 

application fee remains unchanged 

since 2019. FSIS stated in the 2016 final 

rule (81 FR 42225) and the 2017 Federal 

Register notice (FR 82 42056) that it 

would update and recalculate the fee 

based on the best available estimates for 

costs and number of applications; 

however, the number of export 

applications (the denominator in the 

formula) cannot be accurately assessed 

until a majority of countries are 

included in the export component. 

Therefore, because a majority of 

countries are not yet included in the 

PHIS Export component, the cost 

estimates and projected export 

applications in the final rule remain the 

best estimate for 2021, leaving the 

electronic export application fee 

unchanged. 

Additional Public Notification 

FSIS will make copies of this Federal 

Register publication available through 

the FSIS Constituent Update, which is 

used to provide information regarding 

FSIS policies, procedures, regulations, 

Federal Register notices, FSIS public 

meetings, and other types of information 

that could affect or would be of interest 

to our constituents and stakeholders. 

The Constituent Update is available on 

the FSIS web page. Through the web 

page, FSIS can provide information to a 

much broader, more diverse audience. 

In addition, FSIS offers an email 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at: 

http://www.fsis.usda.gov/subscribe. 

Options range from recalls to export 

information, regulations, directives, and 

notices. Customers can add or delete 

subscriptions themselves and have the 

option to password protect their 

accounts. 

USDA Non-Discrimination Statement 

No agency, officer, or employee of the 

USDA shall, on the grounds of race, 

color, national origin, religion, sex, 

gender identity, sexual orientation, 

disability, age, marital status, family/ 

parental status, income derived from a 

public assistance program, or political 

beliefs, exclude from participation in, 

deny the benefits of, or subject to 

discrimination any person in the United 

States under any program or activity 

conducted by the USDA. 

How to File a Complaint of 

Discrimination 

To file a complaint of discrimination, 

complete the USDA Program 

Discrimination Complaint Form, which 

may be accessed online at http://

www.ocio.usda.gov/sites/default/files/ 

docs/2012/Complain_combined_6_8_

12.pdf, or write a letter signed by you 

or your authorized representative. 

Send your completed complaint form 

or letter to USDA by mail, fax, or email: 

Mail: U.S. Department of Agriculture, 

Director, Office of Adjudication, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410, Fax: (202) 690–7442. 

Email: program.intake@usda.gov. 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audiotape, etc.), 

should contact USDA’s TARGET Center 

at (202) 720–2600 (voice and TDD). 

Done at Washington, DC. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2020–27347 Filed 12–10–20; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–905] 

4th Tier Cigarettes From the Republic 

of Korea: Final Affirmative 

Determination of Sales at Less Than 

Fair Value, and Final Negative 

Determination of Critical 

Circumstances 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 4th tier 

cigarettes from the Republic of Korea 

(Korea) are being, or are likely to be, 

sold in the United States at less than fair 

value (LTFV) during the period of 

investigation (POI), October 1, 2018 

through September 30, 2019. The final 

weighted-average dumping margins are 

listed below in the section entitled 

‘‘Final Determination.’’ 

DATES: Applicable December 11, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Martin, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 79995 

1See 4th Tier Cigarettes from the Republic of 

Korea: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, and Preliminary 

Negative Determination of Critical Circumstances, 

85 FR 44281 (July 22, 2020) (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum. 

2The members of the Coalition Against Korean 

Cigarettes are Xcaliber International and Cheyenne 

International. 

3See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of 4th Tier Cigarettes from the 

Republic of Korea,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

4See Memorandum, ‘‘Cancellation of 

Verification,’’ dated October 21, 2020. 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3936. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 22, 2020, Commerce 

published the Preliminary 

Determination in this investigation, and 

invited interested parties to comment on 

our findings.1 The petitioner in this 

investigation is the Coalition Against 

Korean Cigarettes.2 The mandatory 

respondent subject to this investigation 

is KT&G Corporation (KT&G). A 

summary of the events that occurred 

since Commerce published the 

Preliminary Determination, as well as a 

full discussion of the issues raised by 

parties for this final determination, may 

be found in the Issues and Decision 

Memorandum.3

The Issues and Decision 

Memorandum is a public document and 

is available electronically via 

Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

at http://enforcement.trade.gov/frn/ 

index.html. The signed and electronic 

versions of the Issues and Decision 

Memorandum are identical in content. 

Period of Investigation 

The POI is October 1, 2018 through 

September 30, 2019. 

Scope of the Investigation 

The products covered by this 

investigation are 4th tier cigarettes from 

Korea. For a complete description of the 

scope of this investigation, see 

Appendix I. 

Analysis of Comments Received 

All issues raised in the case briefs and 

rebuttal briefs submitted by interested 

parties in this proceeding are discussed 

in the Issues and Decision 

Memorandum. A list of the issues raised 

by parties and responded to by 

Commerce in the Issues and Decision 

Memorandum is attached to this notice 

as Appendix II. 

Verification 

Commerce normally verifies 

information relied upon in making its 

final determination, pursuant to section 

782(i)(1) of the Tariff Act of 1930 

amended (the Act). However, during the 

course of this investigation, we were 

unable to conduct verification.4

Pursuant to section 776(a)(2)(D) of the 

Act, in situations where information has 

been provided but the information 

cannot be verified, Commerce will use 

‘‘facts otherwise available’’ in reaching 

the applicable determination. 

Accordingly, we relied on facts 

available in making our final 

determination. 

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received, we made no 

changes to the scope of the merchandise 

under investigation but made one 

change to the margin calculation for 

KT&G since the Preliminary 

Determination. For a discussion of this 

change, see the Issues and Decision 

Memorandum. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated weightedaverage dumping margin for all other 

producers and exporters not 

individually investigated shall be equal 

to the weighted average of the estimated 

weighted-average dumping margins 

established for individually investigated 

exporters and producers, excluding any 

margins that are zero, de minimis, or 

any margins determined entirely under 

section 776 of the Act. 

Commerce calculated a weightedaverage dumping margin for KT&G, the 

only individually examined exporter/ 

producer in this investigation, that is 

above de minimis. We have assigned 

KT&G’s margin to all other producers 

and exporters, pursuant to section 

735(c)(5)(A) of the Act. 

Final Determination 

The final weighted-average dumping 

margins are as follows: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

KT&G Corporation ...................... 5.48 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

All Others .................................... 5.48 

Disclosure 

We intend to disclose to interested 

parties the calculations and analysis 

performed in this final determination 

within five days of any public 

announcement or, if there is no public 

announcement, within five days of the 

date of the publication of this notice to 

parties in this proceeding in accordance 

with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, we will instruct 

U.S. Customs and Border Protection 

(CBP) to continue the suspension of 

liquidation of all appropriate entries of 

4th tier cigarettes, as described in 

Appendix I of this notice, which were 

entered, or withdrawn from warehouse, 

for consumption on or after July 22, 

2020, the date of publication of the 

Preliminary Determination of this 

investigation in the Federal Register. 

Further, Commerce will instruct CBP 

to require a cash deposit equal to the 

amount by which the normal value 

exceeds the U.S. price as follows: (1) For 

KT&G, the cash deposit rate will be 

equal to the weighted-average dumping 

margin determined in this final 

determination; (2) if KT&G is the 

producer, but not the exporter, then the 

cash deposit rate will be equal 5.48 

percent; and (3) the cash deposit rate for 

all other producers and exporters will 

be 5.48 percent. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the International 

Trade Commission (ITC) of the final 

affirmative determination of sales at 

LTFV. Because the final determination 

in this proceeding is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports, or 

sales (or the likelihood of sales) for 

importation of 4th tier cigarettes no later 

than 45 days after our final 

determination. If the ITC determines 

that material injury or threat of material 

injury does not exist, the proceeding 


jbell on DSKJLSW7X2PROD with NOTICES
79996 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

1See Forged Steel Fluid End Blocks from Italy: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 85 FR 44500 (July 23, 2020) (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of Forged Steel Fluid End Blocks from 

Italy,’’ dated concurrently with, and hereby adopted 

by, this notice (Issues and Decision Memorandum). 

3See Memorandum, ’’ Forged Steel Fluid End 

Blocks from the Federal Republic of Germany, 

India, Italy, and the People’s Republic of China: 

Scope Comments Decision Memorandum for the 

Preliminary Determinations,’’ dated May 18, 2020 

(Preliminary Scope Decision Memorandum). 

will be terminated, and all cash deposits 

will be refunded. If the ITC determines 

that material injury or threat of material 

injury does exist, Commerce will issue 

an antidumping duty order directing 

CBP to assess, upon further instruction 

by Commerce, antidumping duties on 

all imports of the subject merchandise, 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding Administrative 

Protective Order 

This notice serves as the only 

reminder to parties subject to an 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

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 the terms of an APO is 

a violation subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing this 

determination and notice in accordance 

with sections 735(d) and 777(i) of the 

Act and 19 CFR 351.210(c). 

Dated: December 4, 2020. 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation is certain tobacco cigarettes, 

commonly referred to as ‘‘4th tier cigarettes.’’ 

The subject cigarettes are composed of a 

tobacco blend rolled in paper, have a 

nominal minimum total length of 7.0 cm but 

do not exceed 12.0 cm in total nominal 

length, and have a nominal diameter of less 

than 1.3 cm. These sizes of cigarettes are 

frequently referred to as ‘‘Kings’’ and 

‘‘100’s,’’ but subject merchandise that meets 

the physical description of the scope is 

included regardless of the marketing 

description of the size of the cigarettes. 

Subject merchandise typically has a tobacco 

blend that consists of 10% or more tobacco 

stems. 

Subject merchandise is typically sold in 

packs of 20 cigarettes per pack which 

generally includes the marking ‘‘20 Class A 

Cigarettes’’ but are included regardless of 

packaging. 4th tier cigarette packages are 

typically sold in boxes without a rounded 

internal corner and without embossed 

aluminum foil inside the pack. 

Both menthol and non-menthol cigarettes 

and cigarettes with or without a filter 

attached are covered by the scope of this 

investigation. 

Merchandise covered by this investigation 

is currently classified in the Harmonized 

Tariff Schedule of the United States (HTSUS) 

under subheading 2402.20.8000. This HTSUS 

subheading is provided for convenience and 

customs purposes; the written description of 

the scope of the investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Changes Since the Preliminary 

Determination 

V. Discussion of the Issues 

General Issues 

Comment 1: Whether 4th Tier Cigarettes 

are a Distinct Domestic Like Product 

Comment 2: Whether the Petition 

Established Industry Support to Initiate 

the Investigation 

Comment 3: Whether Commerce Clarified 

the Scope of the Investigation for Proper 

Product Comparisons 

Comment 4: Whether Commerce Correctly 

Determined Negative Critical 

Circumstances 

KT&G Calculation Issues 

Comment 5: Whether Commerce Should 

Deduct Korean Taxes in the Normal 

Value (NV) Calculation 

Comment 6: Whether Commerce should 

include KT&G’s sales to Non-Korean 

Military Forces in Home Market sales 

Comment 7: Whether Commerce’s level of 

trade (LOT) adjustment in place of a 

constructed export price (CEP) Offset 

was in accordance with law 

Comment 8: Whether KT&G unlawfully 

deducted U.S. Taxes from KT&G’s U.S. 

Price 

Comment 9: Whether Commerce Erred in 

the Rate It Selected to Compute KT&G 

USA’s Imputed Credit Expenses and 

Inventory Carrying Costs 

Comment 10: Whether Commerce Erred in 

its Treatment of REBATE4U, 

REBATE5U, and REBATE6U 

Comment 11: Whether Commerce 

Improperly Assumed Certain Returns 

Were Billing Adjustments in the U.S. 

Market 

Comment 12: Whether Commerce 

Improperly Classified KT&G’s Repacking 

Costs as a Selling Expense 

VI. Recommendation 

[FR Doc. 2020–27308 Filed 12–10–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–840] 

Forged Steel Fluid End Blocks From 

Italy: Final Affirmative Determination of 

Sales at Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that imports of 

forged steel fluid end blocks (fluid end 

blocks) from Italy are being, or are likely 

to be, sold in the United States at less 

than fair value (LTFV) for the period of 

investigation October 1, 2018 through 

September 30, 2019. 

DATES: Applicable December 11, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Dmitry Vladimirov or Hermes Pinilla, 

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) 482–0665 or 

(202) 482–3477, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 23, 2020, Commerce 

published in the Federal Register its 

preliminary affirmative determination 

in the LTFV investigation of fluid end 

blocks from Italy, in which we also 

postponed the final determination until 

December 7, 2020.1 We invited 

interested parties to comment on the 

Preliminary Determination. A summary 

of the events that occurred since 

Commerce published the Preliminary 

Determination, as well as a full 

discussion of the issues raised by parties 

for this final determination, may be 

found in the Issues and Decision 

Memorandum.2

Scope of the Investigation 

The products covered by this 

investigation are fluid end blocks from 

Italy. For a full description of the scope 

of this investigation, see the ‘‘Scope of 

the Investigation’’ in Appendix I. 

Scope Comments 

During the course of this 

investigation, Commerce received scope 

comments from interested parties. 

Commerce issued a Preliminary Scope 

Decision Memorandum to address these 

comments.3 We received comments 

from interested parties on the 

Preliminary Scope Decision 


jbell on DSKJLSW7X2PROD with NOTICES