Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8651 

1As a result of a typographical error, this HTSUS 

subheading appeared as ‘‘721.39.3093’’ in the 

Preliminary Results. 

2As a result of a typographical error, this HTSUS 

subheading appeared as ‘‘7227.20.000’’ in the 

Preliminary Results. 

3Effective July 1, 2008, U.S. Customs and Border 

Protection (CBP) reclassified certain HTSUS 

numbers related to the subject merchandise. See 

http://www.usitc.gov/publications/docs/tata/hts/ 

bychapter/0810chgs.pdf. 

intended for the tire cord, tire bead, or 

other rubber reinforcement applications 

is not included in the scope. However, 

should petitioners or other interested 

parties provide a reasonable basis to 

believe or suspect that there exists a 

pattern of importation of such products 

for other than those applications, end– 

use certification for the importation of 

such products may be required. Under 

such circumstances, only the importers 

of record would normally be required to 

certify the end use of the imported 

merchandise. 

All products meeting the physical 

description of subject merchandise that 

are not specifically excluded are 

included in this scope. 

The merchandise subject to this order 

are classifiable under subheadings 

7213.91.3000, 7213.91.3010, 

7213.91.3011, 7213.91.3015, 

7213.91.3020, 7213.91.3090, 

7213.91.3091, 7213.91.3092, 

7213.91.3093,1 7213.91.4500, 

7213.91.4510, 7213.91.4590, 

7213.91.6000, 7213.91.6010, 

7213.91.6090, 7213.99.0030, 

7213.99.0031, 7213.99.0038, 

7213.99.0090, 7227.20.0000,2

7227.20.0010, 7227.20.0020, 

7227.20.0030, 7227.20.0080, 

7227.20.0090, 7227.20.0095, 

7227.90.6010, 7227.90.6020, 

7227.90.6085, 7227.90.6050, 

7227.90.6051, 7227.90.6053, 

7227.90.6058, 7227.90.6059, and 

7227.90.6080 of the HTSUS. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the scope of 

this order is dispositive.3

Final Results of Review 

The Department has determined that 

the following margins exist for the 

period October 1, 2007, through 

September 30, 2008: 

Manufacturer / Exporter Weighted Average 

Margin (percentge) 

AMPL ............................ 23.95 

Assessment Rates 

Pursuant to these final results, the 

Department has determined, and CBP 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

for AMPL to CBP 15 days after the date 

of publication of these final results. 

Pursuant to 19 CFR 351.212(b)(1), we 

calculated importer–specific (or 

customer–specific) ad valorem duty 

assessment rates based on the ratio of 

the total amount of the dumping 

margins calculated for the examined 

sales to the total entered value of those 

same sales. We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review if any importer–specific (or 

customer–specific) assessment rates 

calculated in the final results of this 

review are above de minimis. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment of 

Antidumping Duties). This clarification 

will apply to entries of subject 

merchandise during the POR produced 

by AMPL for which AMPL did not 

know the merchandise was destined for 

the United States. In such instances, we 

will instruct CBP to liquidate un– 

reviewed entries at the 11.40 percent 

all–others rate if there is no companyspecific rate for an intermediary 

involved in the transaction. See Notice 

of Antidumping Duty Orders: Carbon 

and Certain Alloy Steel Wire Rod from 

Brazil, Indonesia, Mexico, Moldova, 

Trinidad and Tobago, and Ukraine, 67 

FR 65945, 65947 (October 29, 2002) 

(Wire Rod Orders) (establishing an all– 

others rate of 11.40 percent). See 

Assessment of Antidumping Duties for a 

full discussion of this clarification. 

Cash Deposit Requirements 

Furthermore, the following deposit 

requirements will be effective upon 

publication of these final results for all 

shipments of wire rod from Trinidad 

and Tobago entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of the final results 

of this administrative review, as 

provided by section 751(a)(1) of the 

Tariff Act of 1930, as amended (the Act): 

(1) the cash deposit rate for AMPL will 

be the rate established in the final 

results of review; (2) if the exporter is 

not a firm covered in this review or the 

less–than-fair–value (LTFV) 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent period 

for the manufacturer of the 

merchandise; and (3) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash 

deposit rate will be the all–others rate 

of 11.40 percent ad valorem from the 

LTFV investigation. See Wire Rod 

Orders at 65947. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Reimbursement of Duties 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this POR. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of doubled 

antidumping duties. See 19 CFR 

351.402(f)(3). 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

We are issuing and publishing this 

notice in accordance with sections 

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

Dated: February 19, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–3884 Filed 2–24–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 10–2010] 

Foreign-Trade Zone 21—Charleston, 

SC, Application for Subzone, Luigi 

Bormioli Corporation (Glassware), 

Barnwell, SC 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the South Carolina State Ports 

Authority, grantee of FTZ 21, requesting 

special-purpose subzone status for the 

warehousing and distribution facility of 

Luigi Bormioli Corporation (Luigi 

Bormioli), located in Barnwell, South 

Carolina. The application was submitted 


jlentini on DSKJ8SOYB1PROD with NOTICES
8652 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 

pursuant to the provisions of the 

Foreign-Trade Zones Act, as amended 

(19 U.S.C. 81a–81u), and the regulations 

of the Board (15 CFR part 400). It was 

formally filed on February 16, 2010. 

The Luigi Bormioli facility (35 

employees, 19 acres, $11.5 million in 

annual shipments) is located at 1656 

Fuldner Rd. (Joey Zorn Blvd.), Barnwell, 

South Carolina. The facility is used for 

the storage and distribution of glass 

fragrance containers and glass tableware 

products (duty rate ranges from 3 to 

38%). 

FTZ procedures could exempt Luigi 

Bormioli from customs duty payments 

on foreign products that are re-exported 

(approximately 2 percent of shipments). 

On its domestic sales, the company 

would be able to defer duty payments 

until merchandise is shipped from the 

plant and entered for consumption. FTZ 

designation would further allow Luigi 

Bormioli to realize logistical benefits 

through the use of weekly customs entry 

procedures. The request indicates that 

the savings from FTZ procedures would 

help improve the facility’s international 

competitiveness. 

In accordance with the Board’s 

regulations, Maureen Hinman of the 

FTZ Staff is designated examiner to 

evaluate and analyze the facts and 

information presented in the application 

and case record and to report findings 

and recommendations to the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is April 26, 2010. Rebuttal 

comments in response to material 

submitted during the foregoing period 

may be submitted during the subsequent 

15-day period to May 11, 2010. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230–0002, and in the ‘‘Reading 

Room’’ section of the Board’s Web site, 

which is accessible via www.trade.gov/ 

ftz. 

For further information, contact 

Maureen Hinman at 

maureen.hinman@trade.gov or (202) 

482–0627. 

Dated: February 16, 2010. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–3861 Filed 2–24–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 11–2010] 

Foreign-Trade Zone 59—Lincoln, NE 

Application for Subzone CNH America, 

LLC (Agricultural Machinery 

Manufacturing) Grand Island, NE 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the Lincoln Foreign Trade 

Zone, Inc., grantee of FTZ 59, requesting 

special-purpose subzone status for the 

agricultural combine and hay tools 

manufacturing facilities of CNH 

America, LLC (CNH), located in Grand 

Island, Nebraska. The application was 

submitted pursuant to the provisions of 

the Foreign-Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR part 

400). It was formally filed on February 

16, 2010. 

The CNH facilities (1,274 employees) 

consist of two sites in Grand Island, 

Nebraska on approximately 171.5 acres: 

Site 1 (132.52 acres)—main plant 

located at 3445 W. Stolley Park Road; 

and Site 2 (38.93 acres)—warehouse 

located at 1011 Claude Road. The 

facilities are used for the manufacture, 

testing, warehousing and distribution of 

combines and hay tools. The CNH 

facilities annually can produce up to 

5,960 combines and 4,600 hay tools. 

Components and materials sourced from 

abroad (representing 10% of the value of 

the finished product) include: Articles 

of plastic (incl. tubes, hoses, fittings, 

stoppers and lids); articles of rubber 

(incl. belts, tubes, hoses, grommets, 

plugs, mountings, sheets, strips); tires; 

gaskets; washers; safety glass; iron 

tubes; pipes and fittings; cable; 

fasteners; springs; articles of steel; sign 

plates; internal-combustion engines and 

parts; pumps; filters; parts for 

agricultural equipment; valves; bearings; 

transmission shafts; electric motors; 

generators; clutches; brakes; ignitions; 

electromagnetic couplings; gears; 

flywheels; pulleys; electrical lighting or 

signaling equipment; loudspeakers; 

heaters; defrosters; resistors; switches; 

relays; lamps; wires; cables; locks and 

keys; thermostats and measuring 

instruments (duty rates range from free 

to 9%). 

FTZ procedures could exempt CNH 

from customs duty payments on the 

foreign components used in export 

production. The company anticipates 

that some 30 percent of the plant’s 

shipments will be exported. On its 

domestic sales, CNH would be able to 

choose the duty rates during customs 

entry procedures that apply to combines 

and hay tools (duty-free) for the foreign 

inputs noted above. FTZ designation 

would further allow CNH to realize 

logistical benefits through the use of 

certain customs entry procedures. The 

request indicates that the savings from 

FTZ procedures would help improve 

the plant’s international 

competitiveness. 

In accordance with the Board’s 

regulations, Diane Finver of the FTZ 

Staff is designated examiner to evaluate 

and analyze the facts and information 

presented in the application and case 

record and to report findings and 

recommendations to the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is April 26, 2010. Rebuttal 

comments in response to material 

submitted during the foregoing period 

may be submitted during the subsequent 

15-day period to May 11, 2010. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230–0002, and in the ‘‘Reading 

Room’’ section of the Board’s Web site, 

which is accessible via www.trade.gov/ 

ftz. 

For further information, contact Diane 

Finver at Diane.Finver@trade.gov or 

(202) 482–1367. 

Dated: February 16, 2010. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–3883 Filed 2–24–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XT57 

Incidental Takes of Marine Mammals 

During Specified Activities; Marine 

Geophysical Survey in the 

Commonwealth of the Northern 

Mariana Islands, April to June 2010 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental take 

authorization; request for comments. 

SUMMARY: NMFS has received an 

application from the Lamont-Doherty 

Earth Observatory (L–DEO), a part of 


jlentini on DSKJ8SOYB1PROD with NOTICES