40566 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 

1 In the Preliminary Determination the 

Department inadvertently stated that the 

requirement of cash deposits applied for entries of 

the product entered, or withdrawn from warehouse, 

for consumption on or after October 10, 2008. 

However, the publication of the Preliminary 

Determination was on October 20, 2008, and that 

is the effective date for both suspension of 

liquidation and requirement of cash deposits for the 

merchandise in question. 

7211.90.0000, 7212.40.1000, 

7212.40.5000, 7212.50.0000. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the scope of 

the order is dispositive. Specifically 

excluded from subject merchandise 

within the scope of the order is grade X– 

70 steel plate. 

Merchandise Subject to the Minor 

Alterations Antidumping 

Circumvention Proceeding 

The merchandise subject to this 

antidumping circumvention inquiry 

(inquiry merchandise) consists of all 

merchandise produced by Tianjin and/ 

or imported by Toyota Tsusho 

containing 0.0008 percent or more 

boron, by weight, and otherwise 

meeting the requirements of the scope of 

the antidumping duty order as listed 

under the ‘‘Scope of the Order’’ section 

above, with the exception of 

merchandise meeting all of the 

following requirements: aluminum level 

of 0.02 percent or greater, by weight; a 

ratio of 3.4 to 1 or greater, by weight, of 

titanium to nitrogen; and a 

hardenability test (i.e., Jominy test) 

result indicating a boron factor of 1.8 or 

greater. This merchandise is currently 

classified in the HTSUS under item 

numbers 7225.40.3050, 7225.99.0090, 

7226.91.5000, and 7226.99.0180. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of 

inquiry merchandise is dispositive. 

Affirmative Final Determination of 

Circumvention 

The Department conducted this 

circumvention inquiry in accordance 

with section 781(c) of the Tariff Act of 

1930, as amended (the Act), which deals 

with minor alterations of merchandise. 

The Department noted in the 

Preliminary Determination the criteria 

typically used by the Department to 

make determinations in such inquiries 

(i.e., the overall physical characteristics 

of the merchandise, the expectations of 

the ultimate users, the use of the 

merchandise, the channels of marketing 

and the cost of any modification relative 

to the total value of the imported 

products). See Preliminary 

Determination at 33992. 

As noted in the Preliminary 

Determination, Toyota Tsusho failed to 

respond to the Department’s 

questionnaire, thus warranting a 

preliminary determination, pursuant to 

sections 776(a) and (b) of the Act, that 

imports from the People’s Republic of 

China of inquiry merchandise imported 

by Toyota Tsusho, regardless of the 

producer or exporter of the 

merchandise, and otherwise meeting the 

description of in-scope merchandise, are 

within the class or kind of merchandise 

subject to the antidumping duty order 

on certain cut-to-length carbon steel 

plate from the People’s Republic of 

China. See Preliminary Determination at 

33993. 

With respect to Tianjin, the 

Department analyzed the information 

provided by Tianjin in its questionnaire 

responses following the aforementioned 

criteria normally used in minor 

alteration circumvention inquiries, as 

well as an additional case-specific 

criterion (i.e., alteration of export tariff 

and VAT refund rates by the 

government of the People’s Republic of 

China), and preliminarily determined 

that imports from the People’s Republic 

of China of inquiry merchandise 

produced by Tianjin and otherwise 

meeting the description of in-scope 

merchandise are within the class or 

kind of merchandise subject to the 

antidumping duty order on certain cutto-length carbon steel plate from the 

People’s Republic of China. See 

Preliminary Determination at 33993. 

Because no parties commented on the 

Department’s preliminary 

determination, and no reasons exist to 

reverse that determination, the 

Department determines that inquiry 

merchandise produced by Tianjin and/ 

or imported by Toyota Tsusho is within 

the class or kind of merchandise subject 

to the antidumping duty order on 

certain cut-to-length carbon steel plate 

from the People’s Republic of China. 

Continuation of Suspension of 

Liquidation 

In accordance with 19 CFR 

351.225(l)(3), we are directing CBP to 

continue to suspend liquidation of 

inquiry merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after October 20, 

2008, the date of the publication of the 

Initiation Notice. We will also instruct 

CBP to continue to require a cash 

deposit of estimated duties at the 

applicable rates for each unliquidated 

entry of the product entered, or 

withdrawn from warehouse, for 

consumption on or after October 20, 

2008, the date of the publication of the 

Initiation Notice, in accordance with 19 

CFR 351.225(l)(3).1

Notice to Parties 

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, 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. 

This affirmative final circumvention 

determination is published in 

accordance with section 781(b) of the 

Act and 19 CFR 351.225. 

Dated: August 6, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–19339 Filed 8–11–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 33–2009] 

Foreign-Trade Zone 274—Butte-Silver 

Bow, MT; Application for 

Reorganization under Alternative Site 

Framework 

An application has been submitted to 

the Foreign-Trade Zones (FTZ) Board 

(the Board) by the City and County of 

Butte-Silver Bow, Montana, grantee of 

FTZ 274, requesting authority to 

reorganize the zone under the 

alternative site framework (ASF) 

adopted by the Board (74 FR 1170, 01/ 

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

The ASF is an option for grantees for the 

establishment or reorganization of 

general-purpose zones and can permit 

significantly greater flexibility in the 

designation of new ‘‘usage-driven’’ FTZ 

sites for operators/users located within 

a grantee’s ‘‘service area’’ in the context 

of the Board’s standard 2,000-acre 

activation limit for a general-purpose 

zone project. The application was 

submitted pursuant to 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 August 4, 2009. 

The grantee’s proposed service area 

under the ASF would be the City and 

County of Butte-Silver Bow, Montana. If 

approved, the grantee would be able to 

serve sites throughout the service area 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 40567 

based on companies’ needs for FTZ 

designation. The proposed service area 

is adjacent to the Butte-Silver Bow 

Customs and Border Protection port of 

entry. 

FTZ 274 was approved on June 4, 

2009 (74 FR 31009, 6/29/09). The 

applicant is requesting to include its 

current site in the reorganized zone as 

a ‘‘magnet’’ site. The applicant proposes 

that Site 1 be exempt from ‘‘sunset’’ 

time limits that otherwise apply to sites 

under the ASF. No usage-driven sites 

are being proposed at this time. 

In accordance with the Board’s 

regulations, Kathleen Boyce 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 October 13, 2009. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period (to October 

26, 2009). 

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 http:// 

www.trade.gov/ftz. For further 

information, contact Kathleen Boyce at 

Kathleen_Boyce@ita.doc.gov or 202– 

482–1346. 

Dated: August 4, 2009. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–19351 Filed 8–11–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 32–2009] 

Foreign-Trade Zone 74—Baltimore, MD 

Application for Subzone Status Tulkoff 

Food Products, Inc. (Dehydrated 

Garlic) 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the City of Baltimore, grantee 

of FTZ 74, requesting special-purpose 

subzone status for the garlic products 

manufacturing plant of Tulkoff Foods 

Products, Inc. (TFP), located in 

Baltimore, Maryland. 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 

August 3, 2009. 

The TFP facility (56 employees/6 

acres/258,226 sq. ft.) is located at 2301 

Chesapeake Avenue in Baltimore, 

Maryland. The manufacturing plant is 

used to produce packaged wet garlic (up 

to 3 million pounds annually) for 

industrial and commercial food service 

use. The manufacturing process 

involves foreign-origin bulk dehydrated 

garlic (HTSUS 0712.90, duty rate: 

29.8%) which is rehydrated with water 

then packaged in jars, tubs, and pails. 

The rehydrated garlic (HTSUS 2005.91) 

is sold to U.S. wholesale customers and 

exported. 

FTZ procedures could exempt TFP 

from customs duty payments on the 

foreign dehydrated garlic used in export 

production (about 1% of annual 

shipments). On domestic shipments, the 

company would be able to elect the duty 

rate that applies to finished rehydrated 

garlic (11.2%) for the foreign bulk 

dehydrated garlic. TFP would also be 

exempt from duty payments on any 

foreign garlic that becomes waste during 

the production process. The application 

indicates that the savings from FTZ 

procedures would help improve the 

facility’s international competitiveness. 

In accordance with the Board’s 

regulations, Pierre Duy 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 

following address: Office of the 

Executive Secretary, Room 2111, U.S. 

Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230–0002. The closing period for 

receipt of comments is October 13, 

2009. Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to October 26, 

2009. 

A copy of the application will be 

available for public inspection at the 

Office of the Foreign-Trade Zones 

Board’s Executive Secretary at the 

address listed above and in the 

‘‘Reading Room’’ section of the Board’s 

Web site, which is accessible via 

http://www.trade.gov/ftz. For further 

information, contact Pierre Duy at 

Pierre_Duy@ita.doc.gov or (202) 482– 

1378. 

Dated: August 3, 2009. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–19341 Filed 8–11–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–946] 

Prestressed Concrete Steel Wire 

Strand From the People’s Republic of 

China: Notice of Postponement of 

Preliminary Determination in the 

Countervailing Duty Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: August 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert Copyak, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone 202– 

482–2209. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 23, 2009, the Department of 

Commerce (the Department) initiated 

the countervailing duty investigation of 

prestressed concrete steel wire strand 

from the People’s Republic of China. 

See Prestressed Concrete Steel Wire 

Strand From the People’s Republic of 

China: Initiation of Countervailing Duty 

Investigation 74 FR 29670 (June 23, 

2009). 

Postponement of Due Date for 

Preliminary Determination 

Section 703(b)(1) of the Tariff Act of 

1930, as amended (the Act), requires the 

Department to issue the preliminary 

determination in a countervailing duty 

investigation within 65 days after the 

date on which the Department initiated 

the investigation. However, the 

Department may postpone making the 

preliminary determination until no later 

than 130 days after the date on which 

the administering authority initiated the 

investigation if, pursuant to section 

703(c)(1)(B) of the Act, the Department 

concludes that the parties concerned in 

the investigation are cooperating and 

determines that the investigation is 

extraordinarily complicated and that 

‘‘additional time is necessary to make 

the preliminary determination.’’ 


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