52454 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

in accordance with the definition of 

dusting above, is coated with a wet 

viscous layer containing egg and/or 

milk, and par-fried. 

The products covered by this order 

are currently classified under the 

following HTSUS subheadings: 

0306.13.00.03, 0306.13.00.06, 

0306.13.00.09, 0306.13.00.12, 

0306.13.00.15, 0306.13.00.18, 

0306.13.00.21, 0306.13.00.24, 

0306.13.00.27, 0306.13.00.40, 

1605.20.10.10, and 1605.20.10.30. These 

HTSUS subheadings are provided for 

convenience and for customs purposes 

only and are not dispositive, but rather 

the written description of the scope of 

this order is dispositive. 

Final Results of Changed 

Circumstances Review 

For the reasons stated in the 

preliminary results, the Department 

continues to find that the Rubicon 

Group in its current form, including PFF 

and Sea Wealth, is the successor-ininterest to the Rubicon Group as it 

existed during the POI of the LTFV 

investigation. Therefore, consistent with 

our preliminary results, we have 

revoked PFF and Sea Wealth from the 

Thai Shrimp Order, effective January 16, 

2009 (the effective date of the section 

129 Implementation). This revocation 

applies to merchandise produced by any 

Rubicon Group member and exported 

by PFF or Sea Wealth, as well as to 

merchandise produced by PFF or Sea 

Wealth and exported by any other 

Rubicon Group member. 

Notification 

We will instruct U.S. Customs and 

Border Protection (CBP) to terminate the 

suspension of liquidation for all 

shipments of frozen warmwater shrimp 

produced and exported by PFF or Sea 

Wealth, either singly or in combination 

with any other Rubicon Group member. 

Further, the Department will instruct 

CBP to liquidate without regard to 

antidumping duties (release all bonds 

and refund all cash deposits) entries of 

frozen warmwater shrimp produced and 

exported by these entities, entered, or 

withdrawn from warehouse, for 

consumption on or after January 16, 

2009. 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.306. 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 sanctionable 

violation. 

We are issuing and publishing this 

notice in accordance with sections 

751(b)(1) and 777(i)(1) of the Tariff Act 

of 1930, as amended, and 19 CFR 

351.216. 

Dated: October 6, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–24536 Filed 10–9–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 39–2009] 

Foreign-Trade Zone 138Columbus, 

Ohio Application for Subzone Status, 

Abercrombie & Fitch, (Footwear and 

Apparel Distribution), New Albany, OH 

An application has been submitted to 

the Foreign–Trade Zones Board (the 

Board) by the Columbus Regional 

Airport Authority, grantee of FTZ 138, 

requesting special–purpose subzone 

status for the footwear and apparel 

warehousing and distribution facility of 

Abercrombie & Fitch (A&F), located in 

New Albany, Ohio. 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 September 

25, 2009. 

The A&F facility (453 acres, 2,631,585 

sq. ft., 3,407 employees) is located at 

6201/6301 Fitch Path & 7795 Smiths 

Mill Road, New Albany, Ohio. The 

facility is used for warehousing and 

distribution of foreign–origin apparel 

and footwear for the U.S. market and 

export. FTZ procedures would be 

utilized to support A&F’s U.S.-based 

distribution activity. Foreign products 

to be admitted to the proposed subzone 

for distribution would include men’s, 

boys’, women’s and girls’ footwear, 

coats, suits, blazers, blouses, trousers, 

breeches, shorts, shirts, skirts, tops, ski 

jackets, underwear, petticoats, pajamas, 

swimwear, scarves, hats, shawls, 

mufflers, gloves and mittens. Certain 

textile fabrics (wool, cotton, silk; woven 

and knit) would also be distributed from 

the proposed subzone. Additional 

products that would be admitted to the 

proposed subzone for distribution are: 

articles of plastic; various vanity, 

attache ̆ brief and suitcases; handtools; 

machinery; jewelry; leather goods; 

paintings, lamps; and, spotlights. The 

applicant is not seeking manufacturing 

or processing authority with this 

request. 

FTZ procedures could exempt A&F 

from customs duty payments on foreign 

products that are exported (about 2% of 

shipments). On its domestic sales, the 

company would be able to defer duty 

payments until the foreign merchandise 

is shipped from the facility and entered 

for consumption. FTZ designation 

would further allow A&F 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, Claudia Hausler of the FTZ 

Staff is designated examiner to evaluate 

and analyze the facts and information 

presented in the application and case 

record and 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 December 14, 2009. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to December 

28, 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 website, 

which is accessible via www.trade.gov/ 

ftz. For further information, contact 

Claudia Hausler at 

Claudia_Hausler@ita.doc.gov, or (202) 

482–1379. 

Dated: September 25, 2009. 

Pierre V. Duy, 

Acting Executive Secretary. 

[FR Doc. E9–24605 Filed 10–9–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 41–2009] 

Foreign-Trade Zone 158—Vicksburg/ 

Jackson, MS, Application for Subzone; 

Max Home, LLC (Upholstered 

Furniture); Fulton and Iuka, MS 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the Greater Mississippi 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 52455 

Foreign-Trade Zone, Inc., FTZ 158, 

requesting special-purpose subzone 

status for the upholstered furniture 

manufacturing facilities of Max Home, 

LLC (Max Home), located in Fulton and 

Iuka, Mississippi. 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 October 6, 

2009. 

The Max Home facilities (348 

employees) consist of two sites on 35 

acres: Site 1 (26 acres) is located at 101 

Max Place, Fulton, Mississippi; and Site 

2 (9 acres) is located at 1509 Paul 

Edmondson Drive, Iuka, Mississippi. 

The facilities are used to produce 

upholstered furniture (up to 170,000 

sofas, sleep sofas, chairs, and sectionals 

combined annually) and cut-and-sewn 

upholstery covers for the U.S. market 

and export. The application proposes 

that Max Home utilize foreign-origin 

‘‘micro-denier suede’’ fabric to be cut 

and sewn into furniture upholstery 

covers under FTZ procedures. The 

finished upholstery covers (HTSUS 

9401.90; duty free) would then be 

assembled into finished chairs, seats, 

sofas, sleep sofas, and sectionals 

manufactured by Max Home at the 

facilities. 

The proposed scope of authority 

under FTZ procedures would only 

involve duty savings on foreign-origin, 

micro-denier suede fabrics (classified 

under HTSUS Headings 5407, 5512, 

5515, 5516, 5903, 5906, 6001, 6005, 

6006; duty rate range: 2.7–17.2%) 

finished with a caustic soda wash 

process, which the applicant indicates 

are not produced by U.S. mills. The 

application indicates that Max Home 

does not seek FTZ benefits on any of the 

other foreign fabrics used in production 

at the facilities (i.e., full duties would be 

paid on all such fabrics). All other 

material inputs used in production 

would be domestic-status. 

FTZ procedures would exempt Max 

Home from customs duty payments on 

the foreign micro-denier suede fabric 

used in export production. On microdenier suede fabric used in production 

for the U.S. market, Max Home could 

elect the finished upholstery cover (i.e., 

furniture part) duty rate (free) after the 

fabric has been cut, sewn, and formed 

into upholstery covers, at which time 

they are entered for consumption from 

the zone. Max Home would also have 

the option to elect the finished furniture 

duty rate (free) for the subject fabric 

when the finished furniture is entered 

for domestic consumption. The 

application indicates that the savings 

from FTZ procedures would help 

improve the facilities’ 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 December 14, 

2009. Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to December 

28, 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: October 6, 2009. 

Elizabeth Whiteman, 

Acting Executive Secretary. 

[FR Doc. E9–24601 Filed 10–9–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 42–2009] 

Foreign-Trade Zone 41—Milwaukee, 

WI; Application for Subzone; CNH 

America, LLC (Agricultural Tractors 

and Component Parts Manufacturing) 

Racine, WI 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the Foreign Trade Zone of 

Wisconsin, Ltd., grantee of FTZ 41, 

requesting special-purpose subzone 

status for the agricultural tractor and 

tractor components manufacturing 

facilities of CNH America, LLC (CNH), 

located in Racine, Wisconsin. 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 October 6, 2009. 

The CNH facilities (620 employees) 

consist of four sites in Racine, 

Wisconsin: Site 1 (76.18 acres) main 

manufacturing plant, located at 7000 

Durand Avenue; Site 2 (300,750 

enclosed square feet) warehouse space, 

located at 7100 Durand Avenue; Site 3 

(38,400 enclosed square feet) warehouse 

space, located at 7505 Durand Avenue; 

and; Site 4 (150,000 sq. ft. enclosed 

square feet) warehouse space, located at 

3535 S. Oakes Road. The facilities are 

used for the manufacturing, 

warehousing and distribution of 

agricultural tractors and tractor 

components, with the capacity to 

produce up to some 10,600 tractors, 600 

cabs, 560 transmissions, 5,280 axles, 

and 11,250 valves annually. 

Components and materials sourced from 

abroad (representing 10% of the value of 

the finished products) include: Glues; 

adhesives; anti-knock preparations; 

articles of plastic—tubes, tape, boxes, 

bags, stoppers, bottles, buckets, and 

handles; articles of rubber, incl. those 

reinforced with textile materials—tubes, 

conveyor belts, transmission belts, 

belting tires, floor coverings and mats, 

hoses, and hose assemblies; gaskets; 

washers; seals; safety glass; mirrors; 

pipe fittings; chain; fasteners; hand 

tools; vises; locks; hinges; pneumatic 

cylinders; steel tubing; engines; cast 

iron parts; fuel pumps; pump parts; air 

compressors; fans; air conditioners; 

filters; agricultural machinery parts; 

starter motors; generators; ignition 

components; horns; windshield wipers; 

heater parts; loudspeakers; 

microphones; radios; video displays; 

switches; circuit breakers; fuses; 

lighting; lamps; electrical machinery; 

valves; ball bearings; transmission 

components; gear boxes; gears; 

flywheels; pulleys; clutches; gaskets; 

electric motors; ballasts; power 

supplies; couplings; spark plugs; 

distributors; copper wire; ignition 

wiring; conductors; cabs for tractors; 

bumpers; seat belts; drive axles; wheels; 

radiators; mufflers; steering wheels; 

optical lenses; thermometers; 

speedometers; voltage testers; and 

lighters. Duty rates range between free 

and 8.6%. 

FTZ procedures could exempt CNH 

from customs duty payments on the 

foreign components used in export 

production. CNH 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 the finished products—tractors, 

cabs, transmissions, axles, and valves 

(duty rate ranges from free to 4%)—for 

the foreign inputs noted above. FTZ 


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