45612 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 

below–cost sales were made in 

‘‘substantial quantities’’ within an 

extended period of time and at prices 

which did not permit the recovery of all 

costs within a reasonable period of time 

in the normal course of trade. See 

sections 773(b)(2)(B) – (D) of the Act. 

Therefore, for purposes of these final 

results, we found that Ekinciler and 

Kaptan made below–cost sales not in 

the ordinary course of trade. 

Consequently, we disregarded these 

sales for Ekinciler and Kaptan and used 

the remaining sales as the basis for 

determining NV pursuant to section 

773(b)(1) of the Act. 

Analysis of Comments Received 

The issues raised in Kaptan’s case 

brief are listed in the Appendix to this 

notice and addressed in the Decision 

Memo, which is adopted by this notice. 

Parties can find a complete discussion 

of all issues raised in this review and 

the corresponding recommendations in 

this public memorandum, which is on 

file in the Central Records Unit, room 

1117, of the main Department building. 

In addition, a complete version of the 

Decision Memo can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn/. 

The paper copy and electronic version 

of the Decision Memo are identical in 

content. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received, we have made 

certain changes in the margin 

calculation for Kaptan. These changes 

are discussed in detail in the relevant 

sections of the Decision Memo. 

Final Results of Review 

We determine that the following 

weighted–average margin percentages 

exist for the period April 1, 2007, 

through March 25, 2008: 

Manufacturer/Producer/ 

Exporter Margin Percentage 

Ekinciler Demir ve Celik 

Sanayi A.S./Ekinciler 

Dis Ticaret A.S. ......... 0.35 

Kaptan Demir Celik 

Endustrisi ve Ticaret 

A.S. ........................... 0.00 

Assessment 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries, in accordance 

with 19 CFR 351.212. Pursuant to 19 

CFR 351.212(b)(1), we calculated 

importer–specific assessment rates for 

each respondent based on the ratio of 

the total amount of antidumping duties 

calculated for the examined sales to the 

total entered value of those sales. 

Pursuant to 19 CFR 351.106(c)(2), we 

will instruct CBP to liquidate without 

regard to antidumping duties any 

entries for which the assessment rate is 

de minimis (i.e., less than 0.50 percent). 

The Department intends to issue 

assessment instructions to CBP 15 days 

after the date of publication of these 

final results of review. 

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). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by companies included in 

these final results of review for which 

the reviewed companies did not know 

their merchandise was destined for the 

United States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all–others rate if there is 

no rate for the intermediate 

company(ies) involved in the 

transaction. 

Cash Deposit Requirements 

In December 2008, the International 

Trade Commission (ITC) determined, 

pursuant to section 751(c) of the Act, 

that revocation of this order would not 

be likely to lead to the continuation or 

recurrence of material injury to an 

industry in the United States within a 

reasonably foreseeable time. See Steel 

Concrete Reinforcing Bar From Turkey; 

Determination, 73 FR 77841 (Dec. 19, 

2008). See also Steel Concrete 

Reinforcing Bars from Turkey, Inv. No. 

701–TA–745 (Second Review), USITC 

Pub. 4 (Jan. 2009). As a result of the 

ITC’s negative determination, the 

Department revoked the order on rebar 

from Turkey on January 5, 2009, 

effective as of March 26, 2008 (i.e., the 

fifth anniversary of the date of 

publication in the Federal Register of 

the notice of continuation of this 

antidumping duty order). See 

Revocation of Antidumping Duty Order: 

Certain Steel Concrete Reinforcing Bars 

from Turkey, 74 FR 266 (Jan. 5, 2009). 

Consequently, the collection of cash 

deposits of antidumping duties on 

entries of the subject merchandise is no 

longer required. 

Notification to Importers 

This notice 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 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. 

Notification to Interested Parties 

This notice serves as the only 

reminder to parties subject to 

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 

written notification of return/ 

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 sanctionable violation. 

We are issuing and publishing these 

results of review in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act and 19 CFR 351.221(b)(5). 

Dated: August 27, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix – Issues in Decision 

Memorandum 

Company–Specific Issues 

1. Duty Drawback Adjustment for 

Kaptan 

2. Cost of Raw Materials Adjustment for 

Kaptan 

3. Date of Sale for Kaptan 

4. Affiliated Party Freight Revenue for 

Kaptan 

[FR Doc. E9–21321 Filed 9–2–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 36–2009] 

Foreign-Trade Zone 170—Clark 

County, IN; Application for Subzone; 

Schwarz Pharma Manufacturing Ltd. 

(Pharmaceuticals Manufacturing), 

Seymour, IN 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the Ports of Indiana, grantee 

of FTZ 170, requesting special-purpose 

subzone status for pharmaceutical 

manufacturing facility of Schwarz 

Pharma Manufacturing Ltd. (Shwarz 

Pharma), located in Seymour, Indiana. 

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 25, 2009. 

The Schwarz Pharma facility (450 

employees, 28.8 acres, 1. 8 billion 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 45613 

doses) is located at 1101 C Avenue 

West, Seymour, Indiana. The facility is 

used to manufacture, test, package and 

warehouse pharmaceutical products. 

Components and materials sourced from 

abroad (representing 75% of the value of 

the finished product) include: 

alprostidil, edex applicators, 

lacosamide, moexipril, kremozin, 

vanlafaxim, and esomeprazole 

magnesium (duty rate ranges from duty 

free to 5.3%). The application also 

requests authority to include a broad 

range of inputs and finished 

pharmaceutical products that Schwarz 

Pharma may produce under FTZ 

procedures in the future. New major 

activity involving these inputs/products 

would require review by the FTZ Board. 

FTZ procedures could exempt 

Schwarz Pharma from customs duty 

payments on the foreign components 

used in export production. The 

company anticipates that less than 5 

percent of the plant’s shipments will be 

exported. On its domestic sales, 

Schwarz Pharma would be able to 

choose the duty rates during customs 

entry procedures that apply to Edex kits, 

Vimpat, Moexipril, Kremozin, 

Vanlafaxim and an acid reflux 

pharmaceutical (all duty free) for the 

foreign inputs noted above. FTZ 

designation would further allow 

Schwarz Pharma to realize logistical 

benefits through the use of weekly 

customs entry procedures. Customs 

duties also could possibly be deferred or 

reduced on foreign status production 

equipment. 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 November 2, 2009. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to November 

17, 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 Diane 

Finver at diane_finver@ita.doc.gov or 

(202) 482–1367. 

Dated: August 26, 2009. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–21319 Filed 9–2–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XN24 

Taking and Importing Marine 

Mammals; Operations of a Liquified 

Natural Gas Port Facility in 

Massachusetts Bay 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of an 

incidental harassment authorization. 

SUMMARY: In accordance with 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that an Incidental Harassment 

Authorization (IHA) to take marine 

mammals, by harassment, incidental to 

operation of an offshore liquefied 

natural gas (LNG) facility in the 

Massachusetts Bay, has been issued to 

Northeast Gateway Energy BridgeTM

LLC (Northeast Gateway or NEG) for a 

period of 1 year. 

DATES: This authorization is effective 

from August 31, 2009, until August 30, 

2010. NMFS has also made the required 

findings to support future modification 

of the IHA to include take of marine 

mammals by Northeast Gateway’s 

partner, Algonquin Gas Transmission, 

LLC, incidental to operations and 

maintenance of the Algonquin Pipeline 

Lateral upon completion of consultation 

under section 7 of the Endangered 

Species Act. 

ADDRESSES: A copy of the application, 

IHA, and a list of references used in this 

document may be obtained by writing to 

P. Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225. A copy of the application 

may be obtained by writing to this 

address or by telephoning the contact 

listed here and is also available at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

137. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and 101(a)(5)(D) 

of the MMPA (16 U.S.C. 1361 et seq.) 

direct the Secretary of Commerce 

(Secretary) to allow, upon request, the 

incidental, but not intentional taking of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and regulations are issued or, 

if the taking is limited to harassment, a 

notice of a proposed authorization is 

provided to the public for review. 

Authorization shall be granted if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s), will not have an unmitigable 

adverse impact on the availability of the 

species or stock(s) for subsistence uses, 

and if the permissible methods of taking 

and requirements pertaining to the 

mitigation, monitoring and reporting of 

such taking are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as: 

an impact resulting from the specified 

activity that cannot be reasonably expected 

to, and is not reasonably likely to, adversely 

affect the species or stock through effects on 

annual rates of recruitment or survival. 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. Except 

with respect to certain activities not 

pertinent here, the MMPA defines 

‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Section 101(a)(5)(D) establishes a 45- 

day time limit for NMFS review of an 

application followed by a 30-day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny issuance of the 

authorization. 


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