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Federal Register / Vol. 73, No.

62 / Monday, March 31, 2008 / Notices 16839

ADDRESSES: Department of Commerce, SUMMARY: In response to a timely administrative review. The Department
14th and Constitution, NW., request by Ascometal, S.A. (Ascometal), published the rescission of the
Washington DC 20230, Room 4813. the Department of Commerce (the administrative review with respect to
SUMMARY: The Environmental Department) is conducting an Ugitech on June 15, 2007. See Stainless
Technologies Trade Advisory administrative review of the Steel Bar from France: Notice of Partial
Committee (ETTAC) will hold a plenary antidumping duty order on stainless Rescission of Antidumping Duty
meeting on April 18, 2008 at the U.S. steel bar (SSB) from France with respect Administrative Review, 72 FR 33202
Department of Commerce, 14th Street to Ascometal. The period of review (June 15, 2007).
and Constitution Avenue, NW., (POR) is March 1, 2006, through Ascometal submitted responses to
Washington, DC 20230, in Room 4813. February 28, 2007. sections A, B, and C of the Department’s
The ETTAC will discuss updated We preliminarily determine that questionnaire in June 2007. We issued
negotiations in the World Trade Ascometal did not sell SSB below a supplemental questionnaire in July
Organization’s environmental goods and normal value (NV) during the POR. 2007, and received a response to this
services trade liberalization, trade issues Interested parties are invited to questionnaire later that month.
concerning China, drafting of a comment on the preliminary results. If Ascometal provided additional
recommendation paper, among other the preliminary results are adopted in information in response to Department
administrative committee priority items. our final results of administrative requests during November 2007.
The meeting is open to the public and review, we will instruct U.S. Customs On June 27, 2007, the petitioners1
time will be permitted for public and Border Protection (CBP) to assess requested that the Department initiate a
comment. antidumping duties on all appropriate sales-below-cost investigation of
Written comments concerning ETTAC entries. Ascometal. On August 8, 2007, we
affairs are welcome anytime before or initiated this investigation. See
EFFECTIVE DATE: March 31, 2008.
after the meeting. Minutes will be Memorandum to James Maeder,
FOR FURTHER INFORMATION CONTACT: Director, Office 2, AD/CVD Operations,
available within 30 days of this meeting. David Goldberger or Terre Keaton
The ETTAC is mandated by Public entitled ‘‘Petitioners’ Allegation of Sales
Stefanova, AD/CVD Operations, Office Below the Cost of Production for
Law 103–392. It was created to advise 2, Import Administration, International
the U.S. government on environmental Ascometal S.A.,’’ dated August 8, 2007
Trade Administration, U.S. Department (COP Initiation Memo). On August 9,
trade policies and programs, and to help of Commerce, 14th Street and
it to focus its resources on increasing 2007, we instructed Ascometal to
Constitution Avenue, NW, Washington, respond to section D of the
the exports of the U.S. environmental DC 20230; telephone: (202) 482–4136 or
industry. ETTAC operates as an Department’s questionnaire. On
(202) 482–1280, respectively. September 10, 2007, we granted
advisory committee to the Secretary of
SUPPLEMENTARY INFORMATION: Ascometal’s request to report its cost of
Commerce and the Trade Promotion
Background production (COP) based on the period
Coordinating Committee (TPCC).
January 1, 2006, through December 31,
ETTAC was originally chartered in May On March 7, 2002, the Department of 2006, rather than the POR. Ascometal
of 1994. It was most recently re- Commerce (the Department) published submitted its response to section D of
chartered until September 2008. in the Federal Register an antidumping the questionnaire on September 28,
For further information phone Ellen duty order on SSB from France. See 2007. On October 12, 2007, we issued a
Bohon, Office of Energy and Antidumping Duty Order: Stainless supplemental section D questionnaire to
Environmental Technologies Industries Steel Bar from France, 67 FR 10385 Ascometal, to which Ascometal
(OEEI), International Trade (March 7, 2002). On March 2, 2007, the submitted its response on November 2,
Administration, U.S. Department of Department published in the Federal 2007.
Commerce at (202) 482–0359. This Register a notice of ‘‘Opportunity To On November 2, 2007, we extended
meeting is physically accessible to Request Administrative Review’’ of the the time limit for the preliminary results
people with disabilities. Requests for antidumping duty order on SSB from in this review until March 31, 2008. See
sign language interpretation or other France for the POR. See Antidumping or Notice of Extension of Time Limit for
auxiliary aids should be directed to Countervailing Duty Order, Finding, or Preliminary Results in Antidumping
OEEI at (202) 482–5225. Suspended Investigation; Opportunity Duty Administrative Review: Stainless
Dated: March 19, 2008. to Request Administrative Review, 72 Steel Bar From France, 72 FR 62209
Patricia M. Sefcik, FR 9505 (March 2, 2007). On March 30 (November 2, 2007).
Acting Director, Office of Energy and and April 2, 2007, Ugitech, S.A. We conducted a verification of
Environmental Industries. (Ugitech) and Ascometal submitted Ascometal’s reported U.S. sales data in
[FR Doc. E8–6466 Filed 3–28–08; 8:45 am] timely letters requesting that the December 2007, and issued our
BILLING CODE 3510–DR–P
Department conduct an administrative verification report on February 5, 2008.
review of their sales of SSB made during In response to our February 6, 2008,
the POR, pursuant to section 751 of the request, Ascometal submitted a revised
DEPARTMENT OF COMMERCE Tariff Act of 1930, as amended (the Act). U.S. sales database reflecting certain
On April 27, 2007, the Department verification corrections and findings on
International Trade Administration published a notice of initiation of an February 15, 2008.
administrative review with respect to
[A–427–820] Scope of the Order
Ascometal and Ugitech. See Initiation of
Antidumping and Countervailing Duty For purposes of this order, the term
Stainless Steel Bar from France: ‘‘stainless steel bar’’ includes articles of
Reviews, 72 FR 20986 (April 27, 2007).
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Preliminary Results of Antidumping


Duty Administrative Review On April 30, 2007, we issued
1 The petitioners include the following
antidumping duty questionnaires to
companies: Carpenter Technology Corporation;
AGENCY: Import Administration, both companies. Crucible Specialty Metals Division, Crucible
International Trade Administration, On May 24, 2007, Ugitech timely Materials Corporation; and Electroalloy
Department of Commerce. withdrew its request for an Corporation, a Division of G.O. Carlson, Inc.

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16840 Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices

stainless steel in straight lengths that section, above, to be foreign like Normal Value
have been either hot-rolled, forged, products for purposes of determining
A. Home Market Viability
turned, cold-drawn, cold-rolled or appropriate product comparisons to
otherwise cold-finished, or ground, U.S. sales. Pursuant to 19 CFR In order to determine whether there
having a uniform solid cross section 351.414(e)(2), we compared U.S. sales to was a sufficient volume of sales in the
along their whole length in the shape of sales made in the home market within home market to serve as a viable basis
circles, segments of circles, ovals, the contemporaneous window period, for calculating NV, we compared the
rectangles (including squares), triangles, which extends from three months prior volume of home market sales of the
hexagons, octagons, or other convex to the month of the U.S. sale until two foreign like product to the volume of
polygons. SSB includes cold-finished months after the sale. Where there were U.S. sales of the subject merchandise, in
stainless steel bars that are turned or no sales of identical merchandise in the accordance with section 773(a)(1)(C) of
ground in straight lengths, whether comparison market made in the the Act.
produced from hot-rolled bar or from ordinary course of trade to compare to Because Ascometal’s aggregate
straightened and cut rod or wire, and U.S. sales, we compared U.S. sales to volume of home market sales of the
reinforcing bars that have indentations, sales of the most similar foreign like foreign like product was greater than
ribs, grooves, or other deformations product made in the ordinary course of five percent of its aggregate volume of
produced during the rolling process. trade. In making the product U.S. sales of the subject merchandise,
Except as specified above, the term comparisons, we matched foreign like we determined that its home market was
does not include stainless steel semi- products based on the physical viable. Therefore, we used home market
finished products, cut length flat-rolled characteristics reported by Ascometal in sales as the basis for NV in accordance
products (i.e., cut length rolled products the following order: general type of with section 773(a)(1)(B) of the Act.
which if less than 4.75 mm in thickness finish, grade, remelting process, type of B. Level of Trade
have a width measuring at least 10 times final finishing operation, shape, and
the thickness, or if 4.75 mm or more in Section 773(a)(1)(B)(i) of the Act
size range. states that, to the extent practicable, the
thickness having a width which exceeds
150 mm and measures at least twice the Constructed Export Price Department will calculate NV based on
thickness), products that have been cut sales at the same level of trade (LOT) as
We calculated CEP in accordance the export price (EP) or CEP. Sales are
from stainless steel sheet, strip or plate, with section 772(b) of the Act because made at different LOTs if they are made
wire (i.e., cold-formed products in coils, the subject merchandise was sold in the at different marketing stages (or their
of any uniform solid cross section along United States by Ascometal’s affiliate, equivalent). See 19 CFR 351.412(c)(2).
their whole length, which do not Lucchini USA Inc. (LUSA), to Substantial differences in selling
conform to the definition of flat-rolled unaffiliated purchasers. activities are a necessary, but not
products), and angles, shapes and We based CEP on the delivered prices sufficient, condition for determining
sections. to unaffiliated purchasers in the United
The SSB subject to this order is that there is a difference in the stages of
States. We made deductions from the marketing. See id. See also Notice of
currently classifiable under subheadings starting price for movement expenses in
7222.11.00.05, 7222.11.00.50, Final Determination of Sales at Less
accordance with section 772(c)(2)(A) of Than Fair Value: Certain Cut-to-Length
7222.19.00.05, 7222.19.00.50, the Act. These expenses included,
7222.20.00.05, 7222.20.00.45, Carbon Steel Plate From South Africa,
where appropriate, foreign inland 62 FR 61731, 61732 (November 19,
7222.20.00.75, and 7222.30.00.00 of the freight, foreign brokerage and handling,
Harmonized Tariff Schedule of the 1997) (Plate from South Africa). In order
ocean freight, transport insurance, U.S. to determine whether the comparison
United States (HTSUS). Although the inland freight expenses, U.S. customs
HTSUS subheadings are provided for sales are at different stages in the
duties and fees (including harbor marketing process than the U.S. sales,
convenience and customs purposes, the maintenance fees and merchandise
written description of the scope of this we review the distribution system in
processing fees), and port unloading and each market (i.e., the chain of
order is dispositive. sorting charges. In accordance with distribution), including selling
Fair Value Comparisons section 772(d)(1) of the Act, we functions, class of customer (customer
To determine whether sales of SSB by deducted those selling expenses category), and the level of selling
Ascometal to the United States were associated with economic activities expenses for each type of sale.
made at less than NV, we compared occurring in the United States, Pursuant to section 773(a)(1)(B)(i) of
constructed export price (CEP) to the including direct selling expenses (credit the Act, in identifying LOTs for EP and
NV, as described in the ‘‘Constructed expenses, warranty expenses, and credit comparison market sales (i.e., NV based
Export Price’’ and ‘‘Normal Value’’ insurance expenses), indirect selling on either home market or third country
sections of this notice. expenses, and inventory carrying costs. prices), we consider the starting prices
Pursuant to section 777A(d)(2) of the Ascometal did not report a shipment before any adjustments. Where NV is
Act, we compared the CEPs of date and the credit expense for one U.S. based on constructed value (CV), we
individual U.S. transactions to the sale. As facts available under section determine the NV LOT based on the
weighted-average NV of the foreign like 776(a)(1) of the Act, we calculated the LOT of the sales from which we derive
product where there were sales made in imputed credit expense for this sale by selling expenses, general and
the ordinary course of trade, as using the reported date of sale as the administrative expenses, and profit for
discussed in the ‘‘Cost of Production date of shipment and applying the CV, where possible. See 19 CFR
Analysis’’ section below. credit expense calculation methodology 351.412(c). For CEP sales, we consider
reported in Ascometal’s questionnaire only the selling activities reflected in
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Product Comparisons response. For further discussion, see the price after the deduction of expenses
In accordance with section 771(16) of ‘‘Preliminary Results Notes and Margin and profit under section 772(d) of the
the Act, we considered all products Calculation for Ascometal, S.A.,’’ Act. See id.; Micron Technology, Inc. v.
produced by Ascometal covered by the Memorandum to the File dated United States, 243 F. 3d 1301, 1314–15
description in the ‘‘Scope of the Order’’ concurrently with this notice. (Fed. Cir. 2001). When the Department

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Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices 16841

is unable to match U.S. sales to sales of performed at the same relative level of below under the ‘‘Price-to-Price
the foreign like product in the intensity, with the exception of price Comparisons’’ section.2
comparison market at the same LOT as negotiation and technical support
C. Results of the COP Test
the EP or CEP, the Department may services. The fact that Ascometal
compare the U.S. sale to sales at a conducts price negotiations only for In determining whether to disregard
different LOT in the comparison market. home market sales and performs home market sales made at prices below
In comparing EP or CEP sales to sales technical support services only for U.S. the COP, we examined, in accordance
at a different LOT in the comparison sales is not sufficient to conclude that with sections 773(b)(1)(A) and (B) of the
market, where available data make it the home market and U.S. sales were Act whether: (1) within an extended
practicable, we make an LOT made at a different LOT. Furthermore, period of time, such sales were made in
adjustment under section 773(a)(7)(A) of Ascometal stated at page B–18 of its substantial quantities; and (2) such sales
the Act. Finally, for CEP sales only, if June 20, 2007, response to section B of were made at prices which permitted
the NV LOT is more remote from the the questionnaire that it ‘‘does not the recovery of all costs within a
factory than the CEP LOT and there is believe there to be a difference in levels reasonable period of time in the normal
no basis for determining whether the of trade between the home and U.S. course of trade. Where less than 20
difference in LOTs between NV and CEP markets.’’ Therefore, we conclude that percent of the respondent’s home
affects price comparability (i.e., no LOT Ascometal’s U.S. and home market sales market sales of a given product are at
adjustment was practicable), the were made at the same LOT, and as a prices less than the COP, we do not
Department shall grant a CEP offset, as result, no LOT adjustment or CEP offset disregard any below-cost sales of that
provided in section 773(a)(7)(B) of the under section 773(a)(7) of the Act is product, because we determine that in
Act. See Plate from South Africa, 62 FR warranted. such instances the below-cost sales were
at 61732–33. not made within an extended period of
We obtained information from Cost of Production Analysis time and in ‘‘substantial quantities.’’
Ascometal regarding the marketing Based on our analysis of the Where 20 percent or more of a
stages involved in making the reported petitioners’ allegations that Ascometal respondent’s sales of a given product are
comparison market and U.S. sales, made home market sales below the COP, at prices less than the COP, we
including a description of the selling we found that there were reasonable disregard the below-cost sales because:
activities performed for each channel of grounds to believe or suspect that (1) they were made within an extended
distribution. Ascometal’s sales of SSB in the home period of time in ‘‘substantial
Ascometal reported that it made CEP market were made at prices below their quantities,’’ in accordance with sections
sales to unaffiliated distributors in the COP. Accordingly, pursuant to section 773(b)(2)(B) and (C) of the Act, and (2)
U.S. market through its U.S. affiliate 773(b) of the Act, we initiated a sales- based on our comparison of prices to the
LUSA in a single channel of weighted-average COPs for the POR,
below-cost investigation to determine
distribution. We examined the selling they were at prices which would not
whether Ascometal’s sales were made at
activities performed for this channel permit the recovery of all costs within
prices below their respective COPs. See
(after deducting expenses and profit a reasonable period of time, in
COP Initiation Memo.
pursuant to section 772(d) of the Act), accordance with section 773(b)(2)(D) of
and found that Ascometal performed the A. Calculation of Cost of Production the Act.
following selling functions: invoicing to We found that less than 20 percent of
In accordance with section 773(b)(3)
LUSA, warranty claim services, Ascometal’s home market sales of a
of the Act, we calculated Ascometal’s
technical support services, and freight given product were at prices less than
COP based on the sum of Ascometal’s
and delivery services from France to the the COP. Accordingly, we did not
U.S. port. These selling activities were costs of materials and fabrication for the
foreign like product, plus amounts for disregard any below-cost sales in
performed at the same relative level of determining NV.
intensity for all CEP sales. Accordingly, general and administrative expenses
we find that all CEP sales constitute one and interest expenses (see ‘‘Test of Price-to-Price Comparisons
LOT. Home Market Sales Prices’’ section
We calculated NV based on delivered
With respect to the home market, below for treatment of home market
prices to unaffiliated customers. We
Ascometal sold the subject merchandise selling expenses). The Department
made adjustments, where appropriate,
to unaffiliated distributors through a relied on the COP data submitted by
to the starting price for billing
single channel of distribution. We Ascometal in its most recent
adjustments. See 19 CFR 351.401(c). We
examined the selling activities supplemental section D questionnaire
made deductions, where appropriate,
performed for this channel, and found response, dated November 2, 2007, for
from the starting price for inland freight
that Ascometal performed the following the COP calculation.
and inland insurance, under section
selling functions: price negotiations B. Test of Home Market Sales Prices 773(a)(6)(B)(ii) of the Act.
with customers, invoicing to customers, We made adjustments for differences
warranty claim services, and freight and On a product-specific basis, we
in costs attributable to differences in the
delivery services from the factory to the compared the weighted-average COP to
physical characteristics of the
customer. These selling activities were the home market sales of the foreign like
merchandise in accordance with section
performed at the same relative level of product, as required under section
773(a)(6)(C)(ii) of the Act and 19 CFR
intensity for all home market sales. 773(b) of the Act, in order to determine
351.411. In addition, we made
Accordingly, we find that all home whether the sale prices were below the
adjustments under section
market sales constitute one LOT. COP. For purposes of this comparison,
773(a)(6)(C)(iii) of the Act and 19 CFR
Finally, we compared the CEP LOT to we used COP exclusive of selling
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351.410 for differences in circumstances


the home market LOT and found that expenses. The prices (inclusive of
of sale for imputed credit expenses and
the selling functions performed for billing adjustments, where appropriate)
liability insurance premium expenses.
home market customers are virtually the were exclusive of any applicable
same as performed for U.S. customers, movement charges, and direct and 2 Ascometal reported that it did not incur any

and that these selling functions were indirect selling expenses, as described packing expenses.

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16842 Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices

Ascometal did not incur packing costs will issue appropriate appraisement a result, we have instructed CBP to
in either the U.S. or home market. instructions for the companies subject to discontinue collection of cash deposits
Accordingly, no adjustment was this review directly to CBP 15 days after of antidumping duties on entries of the
warranted under section 773(a)(6)(A) publication of the final results of this subject merchandise made on or after
and (B) of the Act. review. March 7, 2007.
For assessment purposes, we
Currency Conversion calculated importer-specific ad valorem Notification to Importers
We made currency conversions in duty assessment rates based on the ratio This notice also serves as a
accordance with section 773A(a) of the of the total amount of dumping margins preliminary reminder to importers of
Act based on the exchange rates in effect calculated for the examined sales to the their responsibility under 19 CFR
on the dates of the U.S. sales as certified total entered value of those same sales. 351.402(f) to file a certificate regarding
by the Federal Reserve Bank. We will instruct CBP to assess the reimbursement of antidumping
antidumping duties on all appropriate duties prior to liquidation of the
Preliminary Results of Review
entries covered by this review if any relevant entries during this review
As a result of this review, we importer-specific assessment rate period. Failure to comply with this
preliminarily determine that the calculated in the final results of this requirement could result in the
weighted-average dumping margin for review is above de minimis (i.e., at or Secretary’s presumption that
the period March 1, 2006, through above 0.50 percent). See 19 CFR reimbursement of antidumping duties
February 28, 2007, is as follows: 351.106(c)(1). The final results of this occurred and the subsequent assessment
review shall be the basis for the of double antidumping duties.
Manufacturer/Exporter Percent Margin assessment of antidumping duties on This administrative review and notice
Ascometal S.A. ............. 0.00
entries of merchandise covered by this are published in accordance with
review. sections 751(a)(1) and 777(i)(1) of the
The Department clarified its Act and 19 CFR 351.221.
Disclosure and Public Hearing ‘‘automatic assessment’’ regulation on
The Department will disclose to Dated: March 25, 2008.
May 6, 2003. See Antidumping and
parties the calculations performed in Countervailing Duty Proceedings: David M. Spooner,
connection with these preliminary Assessment of Antidumping Duties, 68 Assistant Secretary for Import
results within five days of the date of FR 23954 (May 6, 2003) (Assessment Administration.
publication of this notice. See 19 CFR Policy Notice). This clarification will [FR Doc. E8–6568 File 3–28–08; 8:45 am]
351.224(b). Interested parties may apply to entries of subject merchandise BILLING CODE 3510–DS–S
submit case briefs not later than 30 days during the POR produced by companies
after the date of publication of this included in this review for which the
notice. See 19 CFR 351.309(c)(1)(ii). reviewed companies did not know that CONSUMER PRODUCT SAFETY
Rebuttal briefs, limited to issues raised the merchandise they sold to the COMMISSION
in the case briefs, may be filed not later intermediary (e.g., a reseller, trading
than five days after the time limit for company, or exporter) was destined for [CPSC Docket No. 08–C0004]
filing case briefs. See 19 CFR the United States. In such instances, we
351.309(d)(1). Parties who submit case will instruct CBP to liquidate Reebok International Ltd., a
briefs or rebuttal briefs in this unreviewed entries at the all-others rate Corporation, Provisional Acceptance
proceeding are requested to submit with if there is no rate for the intermediary of a Settlement Agreement and Order
each argument: 1) a statement of the involved in the transaction. See AGENCY: Consumer Product Safety
issue; 2) a brief summary of the Assessment Policy Notice for a full Commission.
argument; and 3) a table of authorities. discussion of this clarification. ACTION: Notice.
Interested parties who wish to request
Discontinuation of Cash Deposit
a hearing must submit a written request SUMMARY: It is the policy of the
Requirements
to the Assistant Secretary for Import Commission to publish settlements
Administration, Room 1870, within 30 On January 31, 2008, the U.S. which it provisionally accepts under the
days of the date of publication of this International Trade Commission Federal Hazardous Substances Act in
notice. Requests should contain: 1) the determined, pursuant to section 751(c) the Federal Register in accordance with
party’s name, address and telephone of the Act (i.e., as a result of a five-year the terms of 16 CFR 1118.20(e).
number; 2) the number of participants; ‘‘sunset’’ review), that revocation of the Published below is a provisionally-
and 3) a list of issues to be discussed. antidumping duty order on the subject accepted Settlement Agreement with
See 19 CFR 351.310(c). Issues raised in merchandise would not be likely to lead Reebok International Ltd., a corporation,
the hearing will be limited to those to continuation or recurrence of material containing a civil penalty of
raised in the respective case briefs. injury to an industry in the United $1,000,000.00.
The Department will issue the final States within a reasonably foreseeable
results of this administrative review, time. See Stainless Steel Bar From DATES: Any interested person may ask
including the results of its analysis of France, Germany, Italy, Korea, and The the Commission not to accept this
issues raised in any written briefs, not United Kingdom, 73 FR 5869 (January agreement or otherwise comment on its
later than 120 days after the date of 31, 2008). Accordingly, the antidumping contents by filing a written request with
publication of this notice, pursuant to duty order on SSB from France was the Office of the Secretary by April 15,
section 751(a)(3)(A) of the Act. revoked effective March 7, 2007. See 2008.
Revocation of Antidumping Duty Orders ADDRESSES: Persons wishing to
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Assessment Rates on Stainless Steel Bar From France, comment on this Settlement Agreement
The Department shall determine, and Germany, Italy, South Korea, and the should send written comments to the
CBP shall assess, antidumping duties on United Kingdom and the Countervailing Comment 08–C0004, Office of the
all appropriate entries, in accordance Duty Order on Stainless Steel Bar From Secretary, Consumer Product Safety
with 19 CFR 351.212. The Department Italy, 73 FR 7258 (February 7, 2008). As Commission, 4330 East West Highway,

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