Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21209 

4See Issues and Decision Memorandum. 

5See Calculation Memorandum at Attachment I. 

6 Id. 

7See memoranda, ‘‘Decision Memorandum for 

the Amended Final Results of Antidumping Duty 

Administrative Review; 2012–2013’’ and 

‘‘Calculation Memorandum for the Amended Final 

Results of Antidumping Duty Administrative 

Review; 2012–2013’’ dated concurrently with this 

Notice. 

8The Department determined that Guoxin is not 

eligible for a separate rate and that Winnsen, whose 

request for a review was timely withdrawn, had not 

been assigned a separate rate. 

1See Countervailing Duty Investigation of 53-Foot 

Domestic Dry Containers from the People’s 

Continued 

contained in the Issues and Decision 

Memorandum.4

Ministerial Error 

Section 751(h) of the Tariff Act of 

1930, as amended (Act), and 19 CFR 

351.224(f) define a ‘‘ministerial error’’ as 

an error ‘‘in addition, subtraction, or 

other arithmetic function, clerical error 

resulting from inaccurate copying, 

duplication, or the like, and any similar 

type of unintentional error which the 

Secretary considers ministerial.’’ We 

have analyzed Jiangsu RC’s ministerial 

error comments and have determined, 

in accordance with section 751(h) of the 

Act and 19 CFR 351.224(e), that we 

made ministerial errors in our 

calculations for the Final Results. For 

the Final Results, the Department 

identified and valued five labor inputs 

to use in calculating the surrogate value 

for Jiangsu RC.5 In calculating the 

surrogate value, the Department 

inadvertently double-counted two of 

these five labor inputs.6

In accordance with section 751(h) of 

the Act and 19 CFR 351.224(e), we are 

amending the Final Results. The revised 

weighted-average dumping margins are 

detailed below. 

Amended Final Results of Review 

As a result of correcting this 

ministerial error, we determine that the 

following weighted-average dumping 

margins exist for the POR: 7

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Jiangsu RC Import & Export Co., 

Ltd ........................................... 189.81 

PRC-wide Rate ........................... 189.81 

Disclosure 

We will disclose the calculations 

performed for these amended final 

results to interested parties within five 

days of the date of publication of this 

notice in accordance with 19 CFR 

351.224(b). 

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act and 19 CFR 351.212(b), the 

Department shall determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review. For customers or importers of 

Jiangsu RC for which we do not have 

entered value, we calculated customer- 

/importer-specific antidumping duty 

assessment amounts based on the ratio 

of the total amount of dumping duties 

calculated for the examined sales of 

subject merchandise to the total sales 

quantity of those same sales. For 

customers or importers of Jiangsu RC for 

which we received entered-value 

information, we have calculated 

customer/importer-specific 

antidumping duty assessment rates 

based on customer/importer-specific ad 

valorem rates in accordance with 19 

CFR 351.212(b)(1). 

The Department announced a 

refinement to its assessment practice in 

NME cases. Pursuant to this refinement 

in practice, for entries that were not 

reported in the U.S. sales databases 

submitted by companies individually 

examined during this review, including, 

in this case, Suzhou Guoxin Group 

Wang Shun Imp. and Exp. Co., Ltd. 

(Guoxin) and Winnsen Industry Co., 

Ltd. (Winnsen), the Department will 

instruct CBP to liquidate such entries at 

the revised PRC-wide rate of 189.81 

percent.8 In addition, for companies for 

which the Department determined that 

the exporter under review had no 

shipments of the subject merchandise, 

any suspended entries that entered 

under that exporter’s case number (i.e., 

at that exporter’s rate) will be liquidated 

at the PRC-wide rate. We intend to issue 

assessment instructions to CBP 15 days 

after the date of publication of these 

amended final results of review. 

Notification 

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 the antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3). 

Timely written notification of the return 

or 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. 

These amended final results of review 

are issued and published in accordance 

with section 751(h) of the Tariff Act of 

1930 Act and 19 CFR 351.224(f). 

Dated: April 10, 2015. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2015–08894 Filed 4–16–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–015] 

53-Foot Domestic Dry Containers From 

the People’s Republic of China: Final 

Affirmative Countervailing Duty 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Commerce. 

SUMMARY: The Department of Commerce 

(the Department) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

53-foot domestic dry containers 

(domestic dry containers) from the 

People’s Republic of China (PRC) as 

provided in section 705 of the Tariff Act 

of 1930, as amended (the Act). For 

information on the estimated subsidy 

rates, see the ‘‘Final Determination’’ 

section of this notice. 

DATES: Effective: April 17, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Yasmin Nair, David Cordell (Singamas), 

or Ilissa Shefferman (CIMC), AD/CVD 

Operations, Office VI, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone (202) 482–3813, (202) 482– 

0408 or (202) 482–4684, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 29, 2014, the 

Department published the preliminary 

determination of the countervailing 

duty (CVD) investigation of domestic 

dry containers from the PRC in the 

Federal Register.1 On September 30, 


tkelley on DSK3SPTVN1PROD with NOTICES
21210 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 

Republic of China: Preliminary Determination and 

Alignment of Final Determination with Final 

Antidumping Duty Determination, 79 FR 58320 

(September 29, 2014) (Preliminary Determination) 

and accompanying Preliminary Decision 

Memorandum. 

2See Memorandum to Richard Weible, Director, 

Office VI, AD/CVD Operations, Enforcement and 

Compliance, ‘‘Countervailing Duty Investigation of 

53-Foot Domestic Dry Containers from the People’s 

Republic of China: Allegation of a Ministerial Error 

in the Preliminary Determination,’’ dated October 9, 

2014, at 3. 

3See Memorandum to Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement and 

Compliance, ‘‘Countervailing Duty (CVD) 

Investigation of 53-Foot Domestic Dry Containers 

from the People’s Republic of China (PRC): PostPreliminary Analysis Memorandum,’’ dated 

November 6, 2014. 

4See Memoranda to Richard Weible, Director, 

Office VI, AD/CVD Operations, Enforcement and 

Compliance, entitled ‘‘Countervailing Duty 

Investigation of 53-Foot Domestic Dry Containers 

from the People’s Republic of China (PRC): 

Verification Report of China International Marine 

Containers (Group) Co., Ltd. (CIMC Group) and its 

cross-owned affiliates CIMC Containers Holding 

Co., Ltd. (CIMC Holding); CIMC Wood Development 

Co., Ltd. (CIMC Wood); Guangdong Xinhui CIMC 

Special Transportation Equipment Co., Ltd. (Xinhui 

Special); Qingdao CIMC Containers Manufacture 

Co., Ltd. (Qingdao CIMC); Nantong CIMC-Special 

Transportation Equipment Manufacture Co., Ltd. 

(Nantong CIMC); Xinhui CIMC Container Co., Ltd. 

(Xinhui Container); and Xinhui CIMC Wood Co., 

Ltd. (Xinhui Wood) (collectively, CIMC),’’ dated 

January 14, 2015; ‘‘Countervailing Duty 

Investigation of 53-Foot Domestic Dry Containers 

from the People’s Republic of China (PRC): 

Verification Report of Hui Zhou Pacific Container 

Co., Ltd. (HPCL), Qingdao Pacific Container Co., 

Ltd., (QPCL) and Qidong Singamas Energy 

Equipment Co., Ltd., (QSCL) and their holding 

company, Singamas Container Holdings Limited 

(SCHL) (collectively, ‘‘Singamas’’),’’ dated 

December 22, 2014; and ‘‘Countervailing Duty 

Investigation of 53-Foot Domestic Dry Containers 

from the People’s Republic of China (PRC): 

Verification Report of the Government of the 

People’s Republic of China (GOC),’’ dated December 

22, 2014. 

5On April 2, 2015, the Department instructed all 

interested parties to this investigation that filed 

scope comments on the record of the companion 

AD investigation to file those comments and 

rebuttals on the record of this instant investigation. 

6See Memorandum from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, to Ronald K. 

Lorentzen, Acting Assistant Secretary for 

Enforcement and Compliance, ‘‘Countervailing 

Duty Investigation of 53-Foot Domestic Dry 

Containers from the People’s Republic of China: 

Issues & Decision Memorandum for the Final 

Determination,’’ dated concurrently with this notice 

(Issues and Decision Memorandum). 

7 ‘‘Intermodal transport’’ refers to a movement of 

freight using more than one mode of transportation, 

most commonly on a container chassis for on-theroad transportation and on a rail car for rail 

transportation. 

8See Issues and Decision Memorandum. 

9See sections 776(a) and (b) of the Act. 

2014, China International Marine 

Containers (Group) Co., Ltd., 

Guangdong Xinhui CIMC Special 

Transportation Equipment Co., Ltd., 

Nantong CIMC-Special Transportation 

Equipment Manufacture Co., Ltd., 

Qingdao CIMC Container Manufacture 

Co., Ltd., Xinhui CIMC Wood Co., Ltd., 

and Xinhui CIMC Container Co., Ltd. 

(collectively ‘‘CIMC’’) submitted 

ministerial error comments regarding 

the Preliminary Determination. On 

October 9, 2014, the Department 

responded to these comments, stating 

that the issues raised by CIMC were 

methodological in nature and did not 

constitute ministerial errors within the 

meaning of the Department’s 

regulations.2

On November 6, 2014, the Department 

issued a post-preliminary analysis with 

respect to CIMC, as well as Hui Zhou 

Pacific Container Co., Ltd., Qingdao 

Pacific Container Co., Ltd., and Qidong 

Singamas Energy Equipment Co., Ltd. 

(collectively, ‘‘Singamas’’).3

Between November 12, 2014 and 

November 19, 2014, the Department 

conducted onsite verification of CIMC’s, 

Singamas’s and the Government of the 

People’s Republic of China’s (GOC) 

questionnaire responses.4

On February 6, 2015, CIMC, Singamas 

and its holding company, Singamas 

Container Holdings Limited (Singamas 

Holding); the GOC; Petitioner; and 

Crowley Maritime Corporation and 

Crowley Liner Services, Inc. and Sea 

Star Line, LLC (hereafter, collectively, 

‘‘Crowley’’) filed case briefs. On 

February 12, 2015, CIMC, Singamas, 

Singamas Holding, the GOC, Petitioner, 

Crowley, and J.B. Hunt Transport, Inc. 

(J.B. Hunt) timely filed rebuttal briefs. 

Pursuant to the Department’s request, 

Crowley and Petitioner filed additional 

scope comments to the record of this 

proceeding.5

Period of Investigation 

The period of investigation (POI) is 

January 1, 2013, through December 31, 

2013. 

Scope Comments 

The Department received comments 

regarding the scope of this investigation 

from interested parties. As detailed in 

the accompanying Issues and Decision 

Memorandum,6 we have not made any 

changes to the scope. 

Scope of the Investigation 

The merchandise subject to 

investigation is closed (i.e., not open 

top) van containers exceeding 14.63 

meters (48 feet) but generally measuring 

16.154 meters (53 feet) in exterior 

length, which are designed for the 

intermodal transport 7 of goods other 

than bulk liquids within North America 

primarily by rail or by road vehicle, or 

by a combination of rail and road 

vehicle (domestic containers). Imports 

of the subject merchandise are provided 

for under subheading 8609.00.0000 of 

the Harmonized Tariff Schedule of the 

United States (HTSUS). Imports of the 

subject merchandise which meet the 

definition of and requirements for 

‘‘instruments of international traffic’’ 

pursuant to 19 U.S.C. 1322 and 19 CFR 

10.41a may be classified under 

subheading 9803.00.50, HTSUS. For a 

complete description of the scope of the 

investigation, see Appendix II to this 

notice. 

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation and the issues raised in 

the case and rebuttal briefs by parties in 

this investigation are discussed in the 

Issues and Decision Memorandum, 

which is hereby incorporated in, and 

adopted by, this notice.8 This 

memorandum also details the changes 

we made since the Preliminary 

Determination to the subsidy rates 

calculated for the mandatory 

respondents and all other producers/

exporters. The Issues and Decision 

Memorandum is a public document and 

is on file electronically via Enforcement 

and Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at http:\\access.trade.gov, and is 

available to all parties in the Central 

Records Unit, Room 7046 of the main 

Department of Commerce building. In 

addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly at http:\\

enforcement.trade.gov/frn/index.html. 

The signed Issues and Decision 

Memorandum and the electronic 

version of the Issues and Decision 

Memorandum are identical in content. 

A list of the issues that parties have 

raised, and to which we responded in 

the Issues and Decision Memorandum, 

is attached to this notice as Appendix I. 

Use of Facts Otherwise Available, 

Including Adverse Inferences 

For purposes of this final 

determination, the Department relied, in 

part, on facts available and, because one 

or more respondents did not act to the 

best of their ability in responding to the 

Department’s requests for information, 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.9 For further 

information, see the section ‘‘Use of 

Facts Otherwise Available and Adverse 

Inferences,’’ in the Issues and Decision 

Memorandum. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21211 

10See Memorandum to Angelica Townshend, 

Program Manager, from Ilissa Kabak Shefferman, 

International Trade Compliance Analyst, entitled 

‘‘Countervailing Duty Investigation of 53-Foot 

Domestic Dry Containers (Domestic Dry Containers) 

from the People’s Republic of China: Final 

Determination Calculations for CIMC,’’ dated April 

10, 2015; and Memorandum to Angelica 

Townshend, Program Manager, from David Cordell, 

International Trade Compliance Analyst, entitled ’’ 

Countervailing Duty Investigation of 53-Foot 

Domestic Dry Containers (Domestic Dry Containers) 

from the People’s Republic of China: Final 

Determination Calculations for Singamas,’’ dated 

April 10, 2015. 

11See Preliminary Determination, 79 FR at 58321. 

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the comments received from parties, 

and minor corrections presented at 

verification, we made certain changes to 

CIMC’s and Singamas’s subsidy rate 

calculations since the Preliminary 

Determination. For a discussion of these 

changes, see the Issues and Decision 

Memorandum and the Final Analysis 

Memoranda, all dated concurrently with 

this notice.10

Final Determination 

For each of the subsidy programs 

found countervailable, we determine 

that there is a subsidy, i.e., a financial 

contribution and benefit within the 

meaning of section 771(5) of the Act, 

and that the subsidy is specific within 

the meaning of section 771(5A) of the 

Act. For further analysis, see the Issues 

and Decision Memorandum. 

We determine the total estimated net 

countervailable subsidy rates to be: 

Exporter/producer Subsidy rate 

(%) 

CIMC ..................................... 28.00 

Singamas .............................. 17.13 

All-Others .............................. 22.57 

Disclosure 

We intend to disclose to parties the 

calculations performed in this 

proceeding within five days of the 

public announcement of this notice in 

accordance with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

As a result of our Preliminary 

Determination, and pursuant to section 

703(d) of the Act, we instructed U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of all entries of 

domestic dry containers from the PRC 

that were entered or withdrawn from 

warehouse, for consumption on or after 

September 29, 2014, the date of 

publication of the Preliminary 

Determination in the Federal Register.11

In accordance with section 703(d) of the 

Act, we issued instructions to CBP to 

discontinue the suspension of 

liquidation for CVD purposes for subject 

merchandise entered, or withdrawn 

from warehouse, on or after January 27, 

2015, but to continue the suspension of 

liquidation of all entries from 

September 29, 2014, through January 26, 

2015. 

In accordance with section 

705(c)(1)(B)(i) of the Act, we calculated 

individual estimated countervailable 

subsidy rates for the individuallyinvestigated producers/exporters of the 

subject merchandise, CIMC and 

Singamas. Section 705(c)(5)(A)(i) of the 

Act states that for companies not 

individually investigated, we will 

determine an ‘‘all-others’’ rate equal to 

the weighted average countervailable 

subsidy rates established for exporters 

and producers individually 

investigated, excluding any zero and de 

minimis countervailable rates, and any 

rates determined entirely under section 

776 of the Act. As described above, 

neither of the mandatory respondents’ 

subsidy rates was zero or de minimis or 

was calculated entirely under section 

776 of the Act. 

Notwithstanding the language of 

section 705(c)(5)(A)(i) of the Act, we 

have not calculated the ‘‘all-others’’ rate 

by weight averaging the rates of the two 

individually investigated respondents, 

because doing so risks disclosure of 

proprietary information. Therefore, for 

the ‘‘all-others’’ rate, we calculated a 

simple average of the rates of CIMC and 

Singamas. 

International Trade Commission 

Notification 

In accordance with section 705(d) of 

the Act, we will notify the U.S. 

International Trade Commission (ITC) of 

our final affirmative CVD determination. 

Because the final determination in this 

proceeding is affirmative, the ITC will 

make its final determination, in 

accordance with section 705(b)(2)(B) of 

the Act, as to whether the domestic 

industry in the United States is 

materially injured or threatened with 

material injury, or whether the 

establishment of an industry in the 

United States is materially retarded, by 

reason of imports of domestic dry 

containers from the PRC no later than 45 

days after our final determination. If the 

ITC issues a final affirmative injury 

determination, we will issue a CVD 

order and reinstate the suspension of 

liquidation under section 706(a) of the 

Act, and will require a cash deposit of 

estimated CVDs for appropriate entries 

of merchandise in the amounts 

indicated above. If the ITC determines 

that material injury, threat of material 

injury, or material retardation of the 

establishment of an industry does not 

exist, this proceeding will be terminated 

and all estimated duties deposited or 

securities posted as a result of the 

suspension of liquidation will be 

refunded or canceled. We are making 

available to the ITC all non-privileged 

and non-proprietary information related 

to this investigation. We will allow the 

ITC access to all privileged and business 

proprietary information in our files, 

provided the ITC confirms that it will 

not disclose such information, either 

publicly or under an administrative 

protective order (APO), without the 

written consent of the Assistant 

Secretary for Enforcement and 

Compliance. 

Notification Regarding Administrative 

Protective Orders 

This notice also serves as a reminder 

to parties subject to APOs 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 the return or 

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. 

This determination and notice are 

issued and published pursuant to 

sections 705(d) and 777(i) of the Act. 

Dated: April 10, 2015. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Application of the Countervailing Duty 

Law to Importers From the PRC 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Analysis of Comments 

CIMC Issues 

Comment 1: The Department should correct 

the Ad Valorem subsidy rate with 

respect to loans that CIMC received 

during the POI from the China ExportImport Bank 

Comment 2: Whether CIMC is a State owned 

enterprise (SOE) such that it could 

benefit from the loans to SOEs program 

Comment 3: Whether the CIMC Preferential 

Lending to SOEs loan program is specific 

Comment 4: Whether the Department should 

apply adverse facts available in 

calculating the benefit CIMC received 

under the preferential lending to SOEs 

program 


tkelley on DSK3SPTVN1PROD with NOTICES
21212 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 

12 ‘‘Intermodal transport’’ refers to a movement of 

freight using more than one mode of transportation, 

most commonly on a container chassis for on-theroad transportation and on a rail car for rail 

transportation. 

13 ‘‘Double-stacking’’ refers to two levels of 

intermodal containers on a rail car, one on top of 

the other. 

Singamas Issues 

Comment 5: The sales e value to be used as 

denominators to calculate subsidy rates 

with respect to Singamas 

Overlapping Issues 

Comment 6: Hot-Rolled Steel Sheet and Plate 

Less than Adequate Remuneration 

(LTAR) and whether the Department 

should reverse its findings regarding the 

hot-rolled LTAR benchmark. 

(A) Whether the Department should use 

domestic Chinese steel prices on the 

record to determine whether the GOC 

provided hot-rolled steel for LTAR. 

(B) Whether the Department properly 

found that ‘‘authorities’’ provided a 

benefit in the form of the provision of a 

good for LTAR 

(C) Whether the Department properly 

found ‘‘Specificity’’ 

(D) Benchmarks and calculation of benefit 

Comment 7: Export Buyer’s Credits Program 

Comment 8: Scope Exclusion Request 

VIII. Recommendation 

Appendix II 

Scope of the Investigation 

The merchandise subject to investigation is 

closed (i.e., not open top) van containers 

exceeding 14.63 meters (48 feet) but generally 

measuring 16.154 meters (53 feet) in exterior 

length, which are designed for the intermodal 

transport 12 of goods other than bulk liquids 

within North America primarily by rail or by 

road vehicle, or by a combination of rail and 

road vehicle (domestic containers). The 

merchandise is known in the industry by 

varying terms including ‘‘53-foot containers,’’ 

‘‘53-foot dry containers,’’ ‘‘53-foot domestic 

dry containers,’’ ‘‘domestic dry containers’’ 

and ‘‘domestic containers.’’ These terms all 

describe the same article with the same 

design and performance characteristics. 

Notwithstanding the particular terminology 

used to describe the merchandise, all 

merchandise that meets the definition set 

forth herein is included within the scope of 

this investigation. 

Domestic containers generally meet the 

characteristic for closed van containers for 

domestic intermodal service as described in 

the American Association of Railroads (AAR) 

Manual of Standards and Recommended 

Practices Intermodal Equipment Manual 

Closed Van Containers for Domestic 

Intermodal Service Specification M 930 

Adopted: 1972; Last Revised 2013 (AAR 

Specifications) for 53-foot and 53-foot high 

cube containers. The AAR Specifications 

generally define design, performance and 

testing requirements for closed van 

containers, but are not dispositive for 

purposes of defining subject merchandise 

within this scope definition. Containers 

which may not fall precisely within the AAR 

Specifications or any successor equivalent 

specifications are included within the scope 

definition of the subject merchandise if they 

have the exterior dimensions referenced 

below, are suitable for use in intermodal 

transportation, are capable of and suitable for 

double-stacking 13 in intermodal 

transportation, and otherwise meet the scope 

definition for the subject merchandise. 

Domestic containers have the following 

actual exterior dimensions: An exterior 

length exceeding 14.63 meters (48 feet) but 

not exceeding 16.154 meters (53 feet); an 

exterior width of between 2.438 meters and 

2.60 meters (between 8 feet and 8 feet 63⁄8

inches); and an exterior height of between 

2.438 meters and 2.908 meters (between 8 

feet and 9 feet 61⁄2 inches), all subject to 

tolerances as allowed by the AAR 

Specifications. In addition to two frames (one 

at either end of the container), the domestic 

containers within the scope definition have 

two stacking frames located equidistant from 

each end of the container, as required by the 

AAR Specifications. The stacking frames 

have four upper handling fittings and four 

bottom dual aperture handling fittings, 

placed at the respective corners of the 

stacking frames. Domestic containers also 

have two forward facing fittings at the front 

lower corners and two downward facing 

fittings at the rear lower corners of the 

container to facilitate chassis interface. 

All domestic containers as described 

herein are included within this scope 

definition, regardless of whether the 

merchandise enters the United States in a 

final, assembled condition, or as an 

unassembled kit or substantially complete 

domestic container which requires additional 

manipulation or processing after entry into 

the United States to be made ready for use 

as a domestic container. 

The scope of this investigation excludes 

the following items: (1) Refrigerated 

containers; (2) trailers, where the cargo box 

and rear wheeled chassis are of integrated 

construction, and the cargo box of the unit 

may not be separated from the chassis for 

further intermodal transport; (3) container 

chassis, whether or not imported with 

domestic containers, but the domestic 

containers remain subject merchandise, to 

the extent they meet the written description 

of the scope. Imports of the subject 

merchandise are provided for under 

subheading 8609.00.0000 of the Harmonized 

Tariff Schedule of the United States 

(HTSUS). Imports of the subject merchandise 

which meet the definition of and 

requirements for ‘‘instruments of 

international traffic’’ pursuant to 19 U.S.C. 

1322 and 19 CFR 10.41a may be classified 

under subheading 9803.00.50, HTSUS. While 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the subject 

merchandise as set forth herein is 

dispositive. 

[FR Doc. 2015–08904 Filed 4–16–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD789 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to U.S. Marine Corps 

Training Exercises at Brant Island 

Bombing Target and Piney Island 

Bombing Range, USMC Cherry Point 

Range Complex, North Carolina 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of a Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, and 

implementing regulations, notification 

is hereby given that a Letter of 

Authorization (LOA) has been issued to 

the U.S. Marine Corps (Marine Corps) to 

take marine mammals, by harassment, 

incidental to training operations at the 

Brant Island Bombing Target (BT–9) and 

Piney Island Bombing Range (BT–11) 

located within the Marine Corps’ Cherry 

Point Range Complex in Pamlico Sound, 

NC. 

DATES: Effective from March 13, 2015, 

through March 12, 2020. 

ADDRESSES: The LOA and supporting 

documentation may be obtained by 

writing to Jolie Harrison, Division Chief, 

Permits and Conservation Division, 

Office of Protected Resources, NMFS, 

1315 East West-Highway, Silver Spring, 

MD 20910, calling the contact listed 

under FOR FURTHER INFORMATION

CONTACT, or visiting the Internet at: 

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

incidental/military.htm.Documents 

cited in this notice may also be viewed, 

by appointment, during regular business 

hours at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

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

(16 U.S.C. 1361 et seq.) directs the 

Secretary of Commerce (Secretary) to 

allow, upon request, the incidental, but 

not intentional taking of small numbers 

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. Under the MMPA, the term 


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