Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 40565 

Agriculture Act of 1997,’’ Public Law 

No. 105–113 (7 U.S.C. 2204g). 

DATES: Comments on this notice must be 

received by September 25, 2009 to be 

assured consideration. 

ADDRESSES: Requests must address 

items listed in comments section below. 

Please submit requests online at: 

http://www.agcensus.usda.gov/followons or via mail to: USDA–NASS, Census 

Content Team, 1400 Independence Ave., 

SW., Rm. 5340, MS 2021, Washington, 

DC 20250. 

If you have any questions send an email to aginputcounts@nass.usda.gov or 

call 1–800–727–9540. 

FOR FURTHER INFORMATION OR COMMENTS

CONTACT: Joseph T. Reilly, Associate 

Administrator, National Agricultural 

Statistics Service, U.S. Department of 

Agriculture, (202) 720–4333. 

SUPPLEMENTARY INFORMATION: The 

results of the 2005 Census of 

Aquaculture were released in October 

2006. For more information, visit online at: http://www.agcensus.usda.gov/ 

Publications/2002/Aquaculture. The 

U.S. Department of Agriculture’s 

National Agricultural Statistics Service 

is in the process of planning the content 

of the 2010 Census of Aquaculture. We 

are seeking input on ways to improve 

the Census of Aquaculture. 

Recommendations or any other ideas 

concerning the census would be greatly 

appreciated. The 2005 Census of 

Aquaculture questionnaire may be 

viewed on-line at: http:// 

www.agcensus.usda.gov/Publications/ 

2002/Aquaculture/ 

aquacen2005_appendixb.pdf. 

The following justification categories 

must be addressed when proposing a 

new line of questioning for the 2010 

Census of Aquaculture: 

1. What data are needed? 

2. Why are the data needed? 

3. At what geographic level are the 

data needed? (U.S., State, County, other) 

4. Who will use these data? 

5. What decisions will be influenced 

with these data? 

6. What surveys have used the 

proposed question before; what testing 

has been done on the question; and 

what is known about its reliability and 

validity. 

7. Draft of the recommended question. 

All responses to this notice will 

become a matter of public record and be 

summarized and considered by NASS in 

preparing the 2010 Census of 

Aquaculture questionnaire for OMB 

approval. 

Signed at Washington, DC, July 22, 2009. 

Joseph T. Reilly, 

Associate Administrator. 

[FR Doc. E9–19347 Filed 8–11–09; 8:45 am] 

BILLING CODE 3410–20–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–849] 

Affirmative Final Determination of 

Circumvention of the Antidumping 

Duty Order on Certain Cut-to-Length 

Carbon Steel Plate From the People’s 

Republic of China 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 20, 2008, the 

Department of Commerce (the 

Department) published in the Federal 

Register the initiation of an 

antidumping circumvention inquiry to 

determine if certain products produced 

by Tianjin Iron and Steel Co., Ltd. 

(Tianjin) and/or imported by Toyota 

Tsusho America, Inc. (Toyota Tsusho) 

constitute circumvention of the 

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

People’s Republic of China. See Certain 

Cut-to-Length Carbon Steel Plate from 

the People’s Republic of China: 

Initiation of Antidumping 

Circumvention Inquiry, 73 FR 62250 

(October 20, 2008). On July 14, 2009, the 

Department published its notice of 

affirmative preliminary determination of 

circumvention. See Affirmative 

Preliminary Determination of 

Circumvention of the Antidumping Duty 

Order on Certain Cut-to-Length Carbon 

Steel Plate from the People’s Republic of 

China, 74 FR 33991 (July 14, 2009) 

(Preliminary Determination). We gave 

interested parties an opportunity to 

comment on the Preliminary 

Determination, and received no 

comments. Therefore, we continue to 

determine that imports of inquiry 

merchandise (as defined below) are 

circumventing the order on cut-tolength carbon steel plate from the 

People’s Republic of China. 

DATES: Effective Date: August 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Bezirganian or Robert James, AD/ 

CVD Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–1131 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 14, 2009, the Department 

published its notice of affirmative 

preliminary determination of 

circumvention. See Preliminary 

Determination. The Department 

preliminarily determined that inquiry 

merchandise (defined below) produced 

by Tianjin and/or imported by Toyota 

Tsusho was circumventing the 

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

People’s Republic of China. The 

Department also directed U.S. Customs 

and Border Protection (CBP) to suspend 

liquidation of entries of such 

merchandise and require case deposits 

on said entries. Id. In accordance with 

19 CFR 351.225(f)(3), interested parties 

were invited to comment on the 

preliminary determination within 20 

days of publication of the Preliminary 

Determination. Id. No parties submitted 

comments. 

Scope of the Order 

The product covered by the order is 

certain cut-to-length carbon steel plate 

from the People’s Republic of China. 

Included in this description is hotrolled iron and non-alloy steel universal 

mill plates (i.e., flat-rolled products 

rolled on four faces or in a closed box 

pass, of a width exceeding 150 mm but 

not exceeding 1250 mm and of a 

thickness of not less than 4 mm, not in 

coils and without patterns in relief), of 

rectangular shape, neither clad, plated 

nor coated with metal, whether or not 

painted, varnished, or coated with 

plastics or other nonmetallic substances; 

and certain iron and non-alloy steel flatrolled products not in coils, of 

rectangular shape, hot-rolled, neither 

clad, plated, nor coated with metal, 

whether or not painted, varnished, or 

coated with plastics or other 

nonmetallic substances, 4.75 mm or 

more in thickness and of a width which 

exceeds 150 mm and measures at least 

twice the thickness. Included as subject 

merchandise in the order are flat-rolled 

products of nonrectangular cross-section 

where such cross-section is achieved 

subsequent to the rolling process (i.e., 

products which have been ‘‘worked 

after rolling’’)—for example, products 

which have been bevelled or rounded at 

the edges. This merchandise is currently 

classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) 

under item numbers 7208.40.3030, 

7208.40.3060, 7208.51.0030, 

7208.51.0045, 7208.51.0060, 

7208.52.0000, 7208.53.0000, 

7208.90.0000, 7210.70.3000, 

7210.90.9000, 7211.13.0000, 

7211.14.0030, 7211.14.0045, 


jlentini on DSKJ8SOYB1PROD with NOTICES
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