Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Notices 50997 

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 Wuyang 

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 Harmonized Tariff 

Schedule of the United States (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 9750–51. The 

Department preliminarily determined 

that imports from the PRC of inquiry 

merchandise produced by Wuyang, 

regardless of exporter or importer, are 

within the class or kind of merchandise 

subject to the order on certain cut-tolength carbon steel plate from the PRC. 

The Department also preliminarily 

determined that its ruling should apply 

regardless of producer. In other words, 

all merchandise containing 0.0008 

percent or more boron and otherwise 

meeting the description of the scope of 

the order, and not meeting the three 

distinguishing characteristics listed in 

the ‘‘Merchandise Subject to the Minor 

Alterations Antidumping 

Circumvention Proceeding’’ section 

above (i.e., 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) are covered by the order. 

Wuyang and Stemcor, ArcelorMittal 

USA, and Nucor each submitted case 

briefs and rebuttal briefs. The 

Department has analyzed the comments 

in its accompanying issues and decision 

memorandum and in a separate final 

analysis memorandum. See ‘‘Issues and 

Decision Memorandum for the Final 

Results of the Circumvention Inquiry of 

the Antidumping Duty Order on Certain 

Cut-to-Length Carbon Steel Plate from 

the People’s Republic of China; Wuyang 

Iron and Steel Co., Ltd.’’ and ‘‘Final 

Analysis Memorandum for the 

Circumvention Inquiry of the 

Antidumping Duty Order on Certain 

Cut-to-Length Carbon Steel Plate from 

the People’s Republic of China; Wuyang 

Iron and Steel Co., Ltd.,’’ respectively. 

The Department continues to find that 

it is appropriate to consider all plate 

with at least 0.0008 percent boron 

content and otherwise meeting the 

description of the scope to be covered 

by the order, unless the merchandise 

also possesses the three distinguishing 

characteristics referenced above. As 

noted in the Preliminary Determination, 

this ruling, like those in some other 

circumvention rulings, may be applied 

regardless of the manufacturers, 

exporters, or importers involved, and 

the Department considers it to be 

appropriate here to apply it on a 

countrywide basis, given that multiple 

parties have been found to be 

circumventing the order using the same 

general approach (i.e., inclusion of 

small, inconsequential amounts of an 

alloying element in order to change the 

tariff classification from non-alloy to 

alloy steel). 

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 April 23, 2010, 

the date of publication of our initiation 

of this inquiry. See Preliminary 

Determination at 9752; see also 19 CFR 

351.225(l)(2). 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 

April 23, 2010, in accordance with 19 

CFR 351.225(l)(3). 

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 9, 2011. 

Paul Piquado, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–21006 Filed 8–16–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application(s) for Duty-Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before September 

6, 2011. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 11–047. Applicant: 

Ohio State University, School of Earth 

Sciences, 275 Mendenhall Laboratory, 

125 South Oval Mall, Columbus, OH 

43210. Instrument: Electron Microscope. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: Several 

characteristics of the instrument which 

are required for the research include an 


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50998 Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Notices 

1AASPS is the domestic industry coalition that 

filed the underlying antidumping (‘‘AD’’) petition, 

and consists of three members—MeadWestvaco 

Corporation (‘‘MWV’’), Norcom, Inc., and Top 

Flight Inc. 

2See Notice of Final Determination of Sales at 

Less Than Fair Value, and Affirmative Critical 

Circumstances, In Part: Certain Lined Paper 

Products from the People’s Republic of China, 71 

FR 53079 (September 8, 2006) (‘‘Final 

Determination’’). 

3See Notice of Amended Final Determination of 

Sales at Less Than Fair Value: Certain Lined Paper 

Products from the People’s Republic of China; 

automated mineralogy analyzer for 

analysis and interpretation of major and 

trace chemistry, mineral phase matching 

with rapidly-acquired energy dispersive 

x-ray data, the ability to have 

comprehensive offline image analysis 

and x-ray spectral analysis as well as 

variable vacuum modes to allow 

observation of uncoated nonconductive 

specimens. Justification for Duty-Free 

Entry: There are no instruments of the 

same general category manufactured in 

the United States. Application accepted 

by Commissioner of Customs: July 27, 

2011. 

Docket Number: 11–050. Applicant: 

Southwest Research Institute, 6220 

Culebra Rd., San Antonio, TX 78239– 

5166. Instrument: Electron Microscope. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: The instrument 

will be used to study bones and other 

biological materials to characterize 

structural features responsible for 

reduced fracture strength in 

osteoporosis and studying the 

performance of bone scaffolds for 

enhancing re-growth of bone into 

damaged areas. This instrument has the 

ability to characterize biological 

samples at water vapor pressures up to 

2,600 Pa, assuring that artifacts will not 

obscure the actual examination of the 

actual structure and composition, which 

is required for the research. The 

technical specifications for the SEMs 

manufactured in the United States by 

TESCAN listed at tescan.com indicated 

that their SEMs had a maximum vapor 

pressure of 150 Pa, which is well below 

the level at which moisture will 

evaporate from biological samples. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: July 27, 

2011. 

Docket Number: 11–052. Applicant: 

Southern University and A&M College, 

4th Floor, J.S. Clark Building, Baton 

Rouge, LA 70813. Instrument: Electron 

Microscope. Manufacturer: JEOL, Japan. 

Intended Use: Among others, the 

research topics include the investigation 

of the self-healing of structural damage 

using shape memory polymer based 

composites, and the study of electronic 

based chemical sensors. The instrument 

will provide high-resolution 

capabilities. Justification for Duty-Free 

Entry: There are no instruments of the 

same general category manufactured in 

the United States. Application accepted 

by Commissioner of Customs: August 1, 

2011. 

Docket Number: 11–053. Applicant: 

University of Texas Health Science 

Center—Houston, 6431 Fannin, 

Houston, TX 77030. Instrument: 

Electron Microscope. Manufacturer: 

JEOL, Japan. Intended Use: The 

instrument will be used to examine 

immune-gold labeled biological 

specimens and capture high resolution 

digital images to determine whether 

proteins are spatial segregated on the 

plasma membrane of mammalian cells. 

The instrument must be capable of 

providing high-resolution and highcontrast images, a stage that is easy to 

move, a focus that does not change with 

changing magnification, and brightness 

that changes automatically with 

magnification. Justification for DutyFree Entry: There are no instruments of 

the same general category manufactured 

in the United States. Application 

accepted by Commissioner of Customs: 

July 29, 2011. 

Docket Number: 11–054. Applicant: 

Battelle Energy Alliance, Idaho National 

Laboratory, 2525 North Freemont Ave., 

Idaho Falls, ID 83415. Instrument: 

Electron Microscope. Manufacturer: FEI 

Company, Czech Republic. Intended 

Use: The instrument will be used to 

analyze nuclear fuels and materials to 

make determinations of and produce 

materials that have improved 

performance in advanced reactor 

systems. Current U.S. manufactured 

instruments do not reach the sensitivity 

level of this instrument. Justification for 

Duty-Free Entry: There are no 

instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: August 3, 

2011. 

Docket Number: 11–055. Applicant: 

University of Washington, 1959 NE 

Pacific St., Seattle, WA 98195. 

Instrument: Electron Microscope. 

Manufacturer: FEI Company, the 

Netherlands. Intended Use: The 

instrument will be used to study 

proteins, macromolecular complexes, 

viruses, and nanostructured materials to 

obtain structural information of 

biological specimens at the highest 

achievable resolution. Justification for 

Duty-Free Entry: There are no 

instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: August 3, 

2011. 

Dated: August 11, 2011. 

Gregory W. Campbell, 

Director, IA Subsidies Enforcement Office. 

[FR Doc. 2011–21005 Filed 8–16–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–901] 

Certain Lined Paper Products From 

People’s Republic of China: Initiation 

and Preliminary Results of Changed 

Circumstances Review, and Intent To 

Revoke Order in Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: August 17, 2011. 

SUMMARY: On June 30, 2011, the 

Department of Commerce 

(‘‘Department’’) received a request from 

the Association of American School 

Paper Suppliers (‘‘AASPS’’) 1 for a 

changed circumstances review for the 

purpose of revoking, in part, the 

antidumping duty order on certain lined 

paper products (‘‘CLPP’’) from the 

People’s Republic of China (‘‘PRC’’). 

AASPS claims that producers 

accounting for substantially all of the 

production of the domestic like product 

to which the order was issued no longer 

wish to maintain the order with respect 

to FiveStar® AdvanceTM notebooks and 

notebook organizers without polyvinyl 

chloride (‘‘PVC’’) coatings. Therefore, 

we are notifying the public of our intent 

to revoke, in part, the antidumping duty 

order as it relates to imports of 

FiveStar® AdvanceTM notebooks and 

notebook organizers as described below. 

The Department invites interested 

parties to comment on these preliminary 

results. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Robinson, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington DC 20230; telephone (202) 

482–3797. 

Background 

On September 8, 2006, the 

Department published its final 

determination in the antidumping duty 

investigation of CLPP from the PRC.2 On 

September 28, 2006, the Department 

issued an antidumping duty order.3


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