55776 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 

importer and dividing this amount by 

the total quantity of those sales. To 

determine whether the duty assessment 

rates were de minimis, in accordance 

with the requirement set forth in 19 CFR 

351.106(c)(2), we calculated importerspecific ad valorem rates based on the 

estimated entered value. Where the 

assessment rate is above de minimis, we 

will instruct CBP to assess duties on all 

entries of subject merchandise by that 

importer. 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 

directly to CBP 15 days after publication 

of the final results of this 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 the respondents subject to 

this review for which the reviewed 

companies did not know that the 

merchandise which it sold to an 

intermediary (e.g. a reseller, trading 

company, or exporter) 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 intermediary 

involved in the transaction. For a full 

discussion of this clarification, see id. 

Cash Deposit Requirements 

The following deposit rates will be 

effective upon publication of the final 

results of this administrative review for 

all shipments of CORE from Korea 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Act: (1) The cash 

deposit rates for the companies listed 

above will be the rates established in the 

final results of this review, except if the 

rate is less than 0.5 percent and, 

therefore, de minimis, the cash deposit 

will be zero; (2) for previously reviewed 

or investigated companies not listed 

above, the cash deposit rate will 

continue to be the company-specific rate 

published for the most recent final 

results in which that manufacturer or 

exporter participated; (3) if the exporter 

is not a firm covered in this review, a 

prior review, or the original less-thanfair-value (LTFV) investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent final results for the manufacturer 

of the merchandise; and (4) if neither 

the exporter nor the manufacturer is a 

firm covered in this or any previous 

review conducted by the Department, 

the cash deposit rate will be 17.70 

percent, the all-others rate established 

in the LTFV. See Orders on Certain 

Steel from Korea. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a preliminary 

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. 

These preliminary results of review 

are issued and published in accordance 

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

the Act. 

Dated: September 7, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–22887 Filed 9–13–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Request for Comments on Vaccine 

Production and Additional Planning for 

Future Possible Pandemic Influenza 

AGENCY: International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice and request for 

comments. 

SUMMARY: The International Trade 

Administration invites submission of 

comments from the public and relevant 

industries on vaccine production and 

additional planning for future possible 

pandemic influenza. 

DATES: Written comments must be 

submitted on or before October 1, 2010. 

Comments should be no more than 15 

pages. Business-confidential 

information should be clearly identified 

as such. 

ADDRESSES: You may submit comments 

by any of the following methods: 

E-mail: 

Vaccine.Comments@trade.gov. 

Fax: (202) 482–1975 (Attn.: Jane 

Earley). 

Mail or Hand Delivery/Courier: Jane 

Earley, U.S. Department of Commerce, 

Office of Health and Consumer Goods, 

Room 1015, 1401 Constitution Avenue, 

NW., Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: For 

questions on the submission of 

comments, please contact Jane Earley by 

phone at (202) 482–2561 or Andrea 

Cornwell at (202) 482–0998. 

SUPPLEMENTARY INFORMATION: Written 

comments are sought in light of the 

announced end of the H1N1 influenza 

pandemic (see World Health 

Organization announcement of August 

10, 2010) and the need to plan for future 

pandemics. The facts and information 

obtained from written submissions will 

be used to inform the participation of 

the United States Department of 

Commerce in the interagency process to 

prepare for United States participation 

in international meetings and 

negotiations on pandemic planning, 

such as the meeting of the World Health 

Organization (WHO) Pandemic 

Influenza Preparedness Open Ended 

Working Group (PIP–OEWG) December 

13–17, 2010. 

The Department of Commerce invites 

comments from the pharmaceutical and 

medical technology industries and 

interested members of the public on a 

number of issues regarding vaccine 

production for pandemic influenza. 

The Department of Commerce invites 

written submissions on the following 

topics: 

1. Manufacturers’ experiences during 

the 2009 H1N1 pandemic. What issues 

could have been better handled by 

industry, governments and the WHO? 

What is realistic and unrealistic to 

expect from governments, vaccine 

manufacturers, the WHO and others 

during a mild pandemic such as the 

2009 H1N1 pandemic? How might 

expectations be different for a more 

severe pandemic? 

2. The emergency response process. 

Based on the H1N1 pandemic 

experience, what changes in operational 

procedures or practices should be made 

to prepare for the next influenza 

pandemic? What additional 

consultation and decisional processes 

(within industry and among 

governments and the WHO) for 

pandemic preparedness are needed? 

What are the most critical deficiencies 

that need to be overcome in the present 

system to mount a more effective and 

robust response to pandemic influenza? 

3. Improving availability for 

developing countries. How can we 

support and stimulate demand for 

seasonal flu vaccine in middle and 

lower income countries? Are there other 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 55777 

mechanisms to increase pandemic 

influenza vaccine manufacturing 

capacity or otherwise improve global 

availability of pandemic influenza 

vaccine? Have manufacturers discussed 

recent proposals by WHO member 

countries to implement ‘‘mandatory’’ 

mechanisms regarding participation in 

the Global Influenza Surveillance 

Network? What options to current 

proposals have been considered? 

4. Other matters that are related to the 

substance contained in 1–3, above. 

Please submit by October 1, 2010, a 

written submission of 15 pages or less 

with facts and information on the issues 

described above. Comments should be 

submitted electronically to 

Vaccine.Comments@trade.gov. 

Business-confidential information 

should be clearly identified. 

Upon receipt of the written 

submission, representatives from the 

Department of Commerce and other 

federal agencies and departments will 

consider the information. In doing so, 

entities submitting the information may 

be contacted for further information or 

explanation and, in some cases, 

meetings with individual submitters 

may be requested. 

Dated: September 8, 2010. 

Skip Jones, 

Deputy Assistant Secretary, Trade 

Agreements and Compliance, Market Access 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce. 

[FR Doc. 2010–22881 Filed 9–13–10; 8:45 am] 

BILLING CODE 3510–DA–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 10–C0005] 

Pro-Pac Distributing Corp., Provisional 

Acceptance of a Settlement Agreement 

and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with Pro-Pac 

Distributing Corp., containing a civil 

penalty of $125,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by September 

29, 2010. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 10–C0005, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Jason E. Yearout, Trial Attorney, 

Division of Enforcement and 

Information, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: September 8, 2010. 

Todd A. Stevenson, 

Secretary. 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 10–C0005] 

In the Matter of: Pro-Pac Distributing 

Corp. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Pro-Pac Distributing Corporation (‘‘ProPac’’) and the staff (‘‘Staff’’) of the United 

States Consumer Product Safety 

Commission (‘‘Commission’’) enter into 

this Settlement Agreement 

(‘‘Agreement’’). The Agreement and the 

incorporated attached Order (‘‘Order’’) 

settle the Staff’s allegations set forth 

below. 

Parties 

2. The Staff is the staff of the 

Commission, an independent federal 

regulatory agency established pursuant 

to, and responsible for the enforcement 

of, the Consumer Product Safety Act, 15 

U.S.C. 2051–2089 (‘‘CPSA’’). 

3. Pro-Pac is a corporation organized 

and existing under the laws of 

California, with its principal offices 

located in Gardena, California. At all 

times relevant hereto, Pro-Pac sold 

apparel. 

Staff Allegations 

4. In November of 2008, Pro-Pac 

imported and further distributed in 

commerce, through sale and/or holding 

for sale, children’s hooded pullover and 

zipper sweatshirts with drawstrings at 

the neck, in sizes Youth S–L 

(collectively, ‘‘Sweatshirts’’). 

5. Pro-Pac sold Sweatshirts to 

retailers. 

6. The Sweatshirts are ‘‘consumer 

product[s],’’ and, at all times relevant 

hereto, Pro-Pac was a ‘‘manufacturer’’ of 

those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

3(a)(5), (8), and (11), 15 U.S.C. 

2052(a)(5), (8), and (11). 

7. In February 1996, the Staff issued 

the Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(‘‘Guidelines’’) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, the Staff recommends that 

there be no hood and neck drawstrings 

in children’s upper outerwear sized 2T 

to 12. 

8. In June 1997, ASTM adopted a 

voluntary standard (ASTM F1816–97) 

that incorporated the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards and should be sure 

garments they sell conform to the 

voluntary standard. 

9. On May 19, 2006, the Commission 

posted on its Web site a letter from the 

Commission’s Director of the Office of 

Compliance to manufacturers, 

importers, and retailers of children’s 

upper outerwear. The letter urges them 

to make certain that all children’s upper 

outerwear sold in the United States 

complies with ASTM F1816–97. The 

letter states that the Staff considers 

children’s upper outerwear with 

drawstrings at the hood or neck area to 

be defective and to present a substantial 

risk of injury to young children under 

Federal Hazardous Substances Act 

(‘‘FHSA’’) section 15(c), 15 U.S.C. 

1274(c). The letter also notes the CPSA’s 

section 15(b) reporting requirements. 

10. Pro-Pac’s distribution in 

commerce of the Sweatshirts did not 

meet the Guidelines or ASTM F1816– 

97, failed to comport with the Staff’s 

May 2006 defect notice, and posed a 

strangulation hazard to children. 

11. On July 15, 2009, the Commission 

announced Pro-Pac’s recall of the 

Sweatshirts. 

12. Pro-Pac had presumed and actual 

knowledge that the Sweatshirts 

distributed in commerce posed a 

strangulation hazard and presented a 

substantial risk of injury to children 

under FHSA section 15(c)(1), 15 U.S.C. 

1274(c)(1). Pro-Pac had obtained 

information that reasonably supported 

the conclusion that the Sweatshirts 

contained a defect that could create a 

substantial product hazard or that they 

created an unreasonable risk of serious 

injury or death. CPSA sections 15(b)(3) 


jlentini on DSKJ8SOYB1PROD with NOTICES