Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Notices 69057 

17See Uncovered Innerspring Units from the 

People’s Republic of China: Preliminary 

Determination of Sales at Less Than Fair Value, 73 

FR 45729 (August 6, 2008) (‘‘Innersprings 

Investigation Prelim’’). 18The PRC-wide entity includes Jingxin and Top 

One. 

19See Glycine from the People’s Republic of 

China: Final Results of Antidumping Duty 

Administrative Review and Final Rescission, in 

Part, 72 FR 58809 (October 17, 2007) and 

accompanying Issues and Decision Memorandum at 

Comment 2. 

20See section 351.309(c)(ii) of the Department’s 

regulations. 

21See section 351.309(d) of the Department’s 

regulations. 

proceeding after this margin was 

selected in calculating the rate for the 

PRC-wide entity in the investigation’s 

Innersprings Investigation Prelim.17 As 

there is no information on the record of 

this review that demonstrates that this 

rate is not appropriate for use as AFA, 

we determine that this rate continues to 

have relevance. 

As the 234.51 percent rate is both 

reliable and relevant, we determine that 

it has probative value and is 

corroborated to the extent practicable, in 

accordance with section 776(c) of the 

Act. Therefore, we have assigned this 

AFA rate to exports of the subject 

merchandise by the PRC-wide entity. 

Preliminary Results of Review 

The Department has determined that 

the following preliminary dumping 

margin exists for the period August 6, 

2008–January 31, 2010: 

INNERSPRINGS FROM THE PRC 

Manufacturer/Exporter Margin 

(percent) 

PRC-wide Entity 18 ................ 234.51 

In accordance with section 

351.301(c)(3)(ii) of the Department’s 

regulations, for purposes of the final 

results of this administrative review, 

interested parties may submit publicly 

available information to value factors of 

production within 20 days after the date 

of publication of these preliminary 

results. Interested parties must provide 

the Department with supporting 

documentation for the publicly 

available information to value each 

factor of production. Additionally, in 

accordance with section 351.301(c)(1) of 

the Department’s regulations, for 

purposes of the final results of this 

administrative review, interested parties 

may submit factual information to rebut, 

clarify, or correct factual information 

submitted by an interested party less 

than ten days before, on, or after, the 

applicable deadline for submission of 

such factual information. However, the 

Department notes that section 

351.301(c)(1) of the Department’s 

regulations permits new information 

only insofar as it rebuts, clarifies, or 

corrects information recently placed on 

the record. The Department generally 

cannot accept the submission of 

additional, previously absent-from-therecord alternative surrogate value 

information pursuant to section 

351.301(c)(1) of the Department’s 

regulations.19

Interested parties may submit case 

briefs and/or written comments no later 

than 30 days after the date of 

publication of these preliminary results 

of review.20 Rebuttal briefs and rebuttals 

to written comments, limited to issues 

raised in such briefs or comments, may 

be filed no later than 37 days after the 

date of publication of these preliminary 

results of review.21 The Department 

urges interested parties to provide an 

executive summary of each argument 

contained within the case briefs and 

rebuttal briefs. 

The Department will issue the final 

results of this administrative review, 

which will include the results of its 

analysis of issues raised in any such 

comments, within 120 days of 

publication of these preliminary results, 

pursuant to section 751(a)(3)(A) of the 

Act. 

Assessment Rates 

Upon issuance of the final results, the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review. The Department intends to issue 

assessment instructions to CBP 15 days 

after the publication date of the final 

results of this review excluding any 

reported sales that entered during the 

gap period. 

Cash Deposit Requirements 

The following cash-deposit 

requirements will be effective upon 

publication of these final results for 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of these final results, as 

provided by section 751(a)(2)(C) of the 

Act: (1) For subject merchandise 

exported by Jingxin and Top One the 

cash deposit rate will be the PRC-wide 

rate of 234.51 percent; (2) for all other 

PRC exporters of subject merchandise 

which have not been found to be 

entitled to a separate rate, and thus, are 

a part of the PRC-wide entity, the cashdeposit rate will be the PRC-wide rate 

of 234.51 percent; and (3) for all nonPRC exporters of subject merchandise, 

the cash-deposit rate will be the rate 

applicable to the PRC supplier of that 

exporter. These deposit requirements 

shall remain in effect until further 

notice. 

Notification of Interested Parties 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under section 

351.402(f) of the Department’s 

regulations to file a certificate regarding 

the reimbursement of antidumping 

duties prior to liquidation of the 

relevant entries during this review 

period. Failure to comply with this 

requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

This administrative review, and this 

notice are in accordance with sections 

751(a)(1) and 777(i) of the Act, and 

sections 351.213 and 351.221(b)(4) of 

the Department’s regulations. 

Dated: October 27, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–28415 Filed 11–9–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

Foreign-Trade Zone 226—Merced, 

Madera, Fresno, and Tulare Counties, 

California; Site Renumbering Notice 

Foreign-Trade Zone 226 was 

approved by the Foreign-Trade Zones 

Board on December 22, 1997 (Board 

Order 946, 63 FR 778–779, 01/07/98) 

and expanded on May 14, 2003 (Board 

Order 1276, 68 FR 27985, 05/22/03). 

FTZ 226 currently consists of 12 

‘‘Sites’’ totaling some 2,424 acres located 

within and adjacent to the Fresno 

Customs port of entry area. The current 

update does not alter the physical 

boundaries that have previously been 

approved, but instead involves an 

administrative renumbering of existing 

Site 4A to separate unrelated, noncontiguous sites for recordkeeping 

purposes. 

Under this revision, the site list for 

FTZ 226 will be as follows: Site 1 (791 

acres)—Castle Airport (formerly Castle 

Air Force Base) Morimoto Industrial 

Park, 3450 C Street, Atwater (Merced 

County); Site 2 (242 acres)—within the 

MidState 99 Distribution Center, Visalia 

(Tulare County) (includes 65 acres 

located at 2525 North Plaza Drive 

approved on a temporary basis until 

3/1/11); Site 3 (191 acres)—Mid Cal 

Business Park, Highway 33, Gustine 


emcdonald on DSK2BSOYB1PROD with NOTICES
69058 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Notices 

1 7 U.S.C. 1 et seq. 

2 7 U.S.C. 6(c). 

3 15 U.S.C. 78a et seq. The Commission has 

provided exemptions for gold and silver ETF 

products on three prior occasions. See Order 

Exempting the Trading and Clearing of Certain 

Products Related to SPDR® Gold Trust Shares, 73 

FR 31981 (June 5, 2008), Exemptive Order for 

SPDR® Gold Futures Contracts, 73 FR 31979 (June 

5, 2008), Order Exempting the Trading and Clearing 

of Certain Products Related to iShares® COMEX 

Gold Trust Shares and iShares® Silver Trust Shares, 

73 FR 79830 (December 30, 2008), and Order 

Exempting the Trading and Clearing of Certain 

Products Related to ETFS Physical Swiss Gold 

Shares and ETFS Physical Silver Shares, 75 FR 

37406 (June 29, 2010) (collectively, the ‘‘Previous 

Orders’’). 

4 7 U.S.C. 7a–1. 

5 15 U.S.C. 78q–l. 

6 7 U.S.C. 7a–2(c), 17 CFR 39.4(a), 40.5. 

7See Securities Exchange Act Release No. 62094 

(May 13, 2010), 75 FR 28085 (May 19, 2010) (File 

No. SR–OCC–2010–07 filed with both the CFTC and 

the Securities and Exchange Commission (‘‘SEC’’)) 

and the SEC’s approval in Securities Exchange Act 

Release No. 62290 (June 14, 2010), 75 FR 35861 

(June 23, 2010). See also Securities Exchange Act 

Release No. 62139 (May 19, 2010), 75 FR 29597 

(May 26, 2010) (SEC approval of the CBOE’s listing 

and trading of Options on the GVZ Index). 

8See Securities Exchange Act Release No. 50603 

(October 28, 2004), 69 FR 64614 (November 5, 2004) 

(original GLD Approval Order for listing and 

trading on the NYSE). 

(Merced County); Site 4 (101 acres)— 

within the Applegate Business Park, 

Highway 33, Air Park Road, Atwater 

(Merced County); Site 6 (87 acres)—City 

of Madera Airport Industrial Park/State 

Center Commerce Park, Falcon Drive, 

Madera (Madera County); Site 7 (10 

acres)—City of Madera Industrial Park, 

2500 West Industrial Avenue, Madera 

(Madera County); Site 8 (102 acres)— 

Airways East Business Park, East 

Shields Avenue, Fresno (Fresno 

County); Site 9 (225 acres)—Central 

Valley Business Park, East North 

Avenue, Fresno (Fresno County); Site 10 

(497 acres)—consisting of the Fresno 

Airport Industrial Park area located on 

Aircorp Way and at the intersection of 

E. Anderson and E. Clinton Avenues, 

Fresno, and the adjacent City of Clovis 

Industrial Park located at the 

intersection of West Dakota Avenue & 

West Pontiac Way, Clovis (Fresno 

County); Site 11 (35 acres)—Reedley 

Industrial Park II, 1301 South 

Buttonwillow Avenue, Reedley (Fresno 

County); Site 12 (128 acres)—City of 

Selma Industrial Park, East Nebraska 

Avenue, Selma (Fresno County); and, 

Site 13 (15 acres)—located at 810 E. 

Continental Avenue, Tulare, (Tulare 

County). 

For further information, contact 

Christopher Kemp at Christopher.

Kemp@trade.gov or (202) 482–0862. 

Dated: November 4, 2010. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–28409 Filed 11–9–10; 8:45 am] 

BILLING CODE P 

COMMODITY FUTURES TRADING 

COMMISSION 

Request for Comment on a Proposal to 

Exempt, Pursuant to the Authority in 

Section 4(c) of the Commodity 

Exchange Act, the Trading and 

Clearing of Certain Products Related to 

the CBOE Gold ETF Volatility Index 

and Similar Products 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of Proposed Order and 

Request for Comment. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or the 

‘‘Commission’’) is proposing to exempt 

the trading and clearing of certain 

contracts called ‘‘options’’ (‘‘Options’’) on 

the CBOE Gold ETF Volatility Index 

(‘‘GVZ Index’’), which would be traded 

on the Chicago Board Options Exchange 

(‘‘CBOE’’), a national securities 

exchange, and cleared through the 

Options Clearing Corporation (‘‘OCC’’) in 

its capacity as a registered securities 

clearing agency, from the provisions of 

the Commodity Exchange Act (‘‘CEA’’) 1

and the regulations thereunder, to the 

extent necessary to permit such Options 

on the GVZ Index to be so traded and 

cleared. Authority for this exemption is 

found in Section 4(c) of the CEA.2 The 

Commission is also requesting comment 

regarding whether the Commission 

should provide a categorical exemption 

that would permit the trading and 

clearing of options on indexes that 

measure the volatility of shares of gold 

exchange-traded funds (‘‘ETFs’’) 

generally, regardless of issuer, including 

options on any index that measures the 

magnitude of changes in, and is 

composed of the price(s) of shares of 

one or more gold ETFs and the price(s) 

of any other instrument(s), which other 

instruments are securities as defined in 

the Securities Exchange Act of 1934 

(‘‘the ’34 Act’’).3

DATES: Comments must be received on 

or before December 10, 2010. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: goldvolatility4c@cftc.gov. 

Include ‘‘Options on GVZ Index and 

Similar Products’’ in the subject line of 

the message. 

• Fax: 202–418–5521. 

• Mail: Send to David A. Stawick, 

Secretary, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

• Courier: Same as mail above. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments may be 

posted as received to http:// 

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the 

Commission to consider information 

that may be exempt from disclosure 

under the Freedom of Information Act, 

a petition for confidential treatment of 

the exempt information may be 

submitted according to the established 

procedures in CFTC Regulation 145.9. 

FOR FURTHER INFORMATION CONTACT: 

Robert B. Wasserman, Associate 

Director, 202–418–5092, 

rwasserman@cftc.gov, Division of 

Clearing and Intermediary Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1151 21st Street, NW., Washington, DC 

20581, or Anne C. Polaski, Special 

Counsel, 312–596–0575, 

apolaski@cftc.gov, Division of Clearing 

and Intermediary Oversight, Commodity 

Futures Trading Commission, 525 W. 

Monroe Street, Suite 1100, Chicago, 

Illinois 60661. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The OCC is both a Derivatives 

Clearing Organization (‘‘DCO’’) 

registered pursuant to Section 5b of the 

CEA,4 and a securities clearing agency 

registered pursuant to Section 17A of 

the ’34 Act.5

OCC has filed with the CFTC, 

pursuant to Section 5c(c) of the CEA 

and Commission Regulations 39.4(a) 

and 40.5 thereunder,6 a request for 

approval of a rule that would enable 

OCC to clear and settle Options on the 

GVZ Index traded on the CBOE, a 

national securities exchange, in its 

capacity as a registered securities 

clearing agency (and not in its capacity 

as a DCO).7 Section 5c(c)(3) of the CEA 

provides that the CFTC must approve 

such a rule submitted for approval 

unless it finds that the rule would 

violate the CEA. 

The GVZ Index is an index that 

measures the implied volatility of 

options on shares of the SPDR® Gold 

Trust (‘‘SPDR® Gold Trust Shares’’), an 

ETF designed to reflect the performance 

of the price of gold bullion.8


emcdonald on DSK2BSOYB1PROD with NOTICES