Notices. Notice
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/register/2007/07/17/07-3465A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6116-01-P DEPARTMENT OF AGRICULTURE Rural Housing Service Request for Proposals (RFP): Demonstration Program for Agriculture, Aquaculture, and Seafood Processing and/or Fishery Worker Housing Grants AGENCY: Rural Housing Service, USDA. ACTION: Notice. SUMMARY: The Rural Housing Service
(RHS)announces the availability of agriculture, aquaculture, and seafood processing and/or fishery worker housing grants in the States of Alaska, Mississippi, Utah, and Wisconsin. This Notice was published on April 6, 2004, in the **Federal Register** , vol. 69, page 18040, to award $4,970,500 in grant funds for a housing demonstration program for agriculture, aquaculture, and seafood processing and/or fishery workers in the above states. Public Law 108-199 (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004) authorized RHS to establish a demonstration program to provide financial assistance (grants) for processing and/or fishery worker housing in the States of Alaska, Mississippi, Utah, and Wisconsin. This RFP requests proposals from qualified private and public nonprofit agencies, non-profit cooperatives, state and local governments, and tribal organizations in Alaska, Mississippi, Utah, and Wisconsin to construct housing for agriculture, aquaculture, and seafood processing and/or fishery workers. Any one project may not receive grant funds of more than $1,370,595 from this program. Applications will only be accepted from applicants who will use the funds awarded in the following states: Alaska, Mississippi, Utah, or Wisconsin. Housing facilities constructed under this RFP are expected to increase the supply of housing for agriculture, aquaculture, and seafood processing and/or fishery workers in markets where adequate housing is not available. The Agency has remaining funds in the amount of $1,370,595 which will be awarded in this Notice. SUPPLEMENTARY INFORMATION: Paperwork Reduction Act Under the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* , OMB must approve all “collections of information” by RHS. The Act defines “collection of information” as a requirement for “answers to * * * identical reporting or recordkeeping requirements imposed on ten or more persons * * *.” (44 U.S.C. 3502(3)(A)) Because this RFP will receive less than 10 applicants, the Paperwork Reduction Act does not apply. General Information The agriculture, aquaculture, and seafood processing and/or fishery worker housing grants authorized by Public Law 108-199 are for the purpose of developing a housing demonstration program for agriculture, aquaculture, and seafood processing and/or fishery worker housing in markets that have a demonstrated need for housing for such workers. Under Public Law 108-199, RHS had the authority to award $4,970,500 in grant funds for a housing demonstration program for agriculture, aquaculture, and seafood processing and/or fishery workers in Alaska, Mississippi, Utah, and Wisconsin. This Notice is awarding the remaining $1,370,595 for the aforementioned purposes. As part of the application, all applicants must also provide a Dun and Bradstreet Data Universal Numbering System
(DUNS)number. As required by the Office of Management and Budget (OMB), all grant applicants must provide a DUNS number when applying for Federal grants, on or after October 1, 2003. Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS number request line at 1-866-705-5711. Additional information concerning this requirement is provided in a policy directive issued by OMB and published in the **Federal Register** on June 27, 2003 (68 FR 38402-38405). To comply with the President's Management Agenda, the Department of Agriculture is participating as a partner in the new government-wide site in FY 2007 grants.gov. The Web site can be found at *http://www.grants.gov.* The Agriculture, Aquaculture and Seafood Processing and/or Fishery Worker Housing Grant [Catalog of Federal Domestic Assistance #10.433] is one of the programs included at this Web site. Please note that you must locate the downloadable application package for this program by the CFDA Number or FedGrants Funding Opportunity Number, which can be found at *http://www.fedgrants.gov.* If you are an applicant under the Agriculture, Aquaculture and Seafood Processing and/or Fishery Worker Housing Grant, you may submit your application to the Agency in either electronic or paper format. The deadline for electronic and paper format is based on the local time for each USDA Rural Development State Office. Users of grants.gov will be able to download a copy of the application package, complete it off line, and then upload and submit the application via the grants.gov site. You may not e-mail an electronic copy of a grant application to RHS; however, the Agency encourages your participation in grants.gov. The following are useful tips and instructions on how to use the Web site: • When you enter the grants.gov site, you will find information about submitting an application electronically through the site as well as the hours of operation. RHS strongly recommends that you do not wait until the application deadline date to begin the application process through grants.gov. To use grants.gov, applicants must have a DUNS number. • You may submit all documents electronically through the Web site, including all information typically included on the Application for Rural Housing Preservation Grants, and all necessary assurances and certifications. • Your application must comply with any page limit requirements described in this NOFA. • After you electronically submit your application through the Web site, you will receive an automatic acknowledgement from grants.gov that contains a grants.gov tracking number. • RHS may request that you provide original signatures on forms at a later date. • You must meet the closing date and local time deadline. If you experience technical difficulties on the closing date and are unable to meet the 5 p.m. (Washington, DC time) deadline, print out your application and submit it to your State Office. DATES: The deadline for receipt of all applications in response to this RFP is 5 p.m., eastern time, on ____ 2007. The application closing deadline is firm as to date and hour. RHS will not consider any application that is received after the closing deadline. Applicants intending to mail applications must provide sufficient time to permit delivery on or before the closing deadline. Acceptance by a post office or private mailer does not constitute delivery. Facsimile (FAX), Cash on Delivery (COD), and postage due applications will not be accepted. ADDRESSES: Applications should be submitted to Henry Searcy, Jr., Senior Loan Specialist, USDA Rural Development, Rural Housing Service, Multi-Family Housing Processing Division, STOP 0781, Room 1263, 1400 Independence Ave., SW., Washington, DC 20250-0781. RHS will date and time certify incoming applications to evidence timely receipt and, upon request, will provide the applicant with a written acknowledgement of receipt. FOR FURTHER INFORMATION CONTACT: For further information and an application package, including all required forms, contact Henry Searcy, Jr., Senior Loan Specialist, USDA, Rural Housing Service, Multi-Family Housing Processing Division, Stop 0781, Room 1263, 1400 Independence Avenue, SW., Washington, DC 20250-0781, telephone
(202)720-1753. (This is not a toll-free number.) I. Purpose Public Law 108-199 authorized funds to implement a demonstration grant program for the construction of housing for agriculture, aquaculture, and seafood processing and/or fishery workers in Alaska, Mississippi, Utah, and Wisconsin. The demonstration program has been designed to increase the supply of rental housing for a growing segment of the population whose needs are not currently being met. The program is expected to provide housing opportunities for processing workers in markets that cannot support other forms of conventional and government housing models. Grantees may not require any occupant of the housing or related facilities, as a condition of occupancy, to work or be employed by any particular processor, fishery, or other place, or work for or be employed by any particular person, firm, or interest. Developers of housing under this program will receive a grant of up to 80% of the Total Development Cost
(TDC)of the project. TDC includes all hard costs, soft costs, initial operating reserves, administrative fees, furnishings and equipment, and related facilities. Housing constructed under this program may not receive RHS Rental Assistance or Operating Subsidies authorized under 42 U.S.C. 1490a for payment of tenant rents. Project financial models should be structured to work without rental subsidies while keeping rents affordable for the target population. Projects should be located close to tenants' workplaces and services as much as feasible. Location of the project is not limited to rural areas as defined in 42 U.S.C. 1490. II. Project Threshold Criteria All applications must meet the minimum threshold requirements contained in this RFP. The threshold criteria are as follows: A. Occupancy Requirements Eligibility for residency in facilities constructed under this RFP is limited to individuals and families who earn at least 40% of their income from work as an agriculture, aquaculture, or seafood processing and/or fishery worker and earn less than or equal to 60% of the National Median Income for a family of four as reported by the U.S. Census Bureau. Residents must be United States citizens or be legally admitted for permanent residence. B. Eligible Grantees Eligibility for grants under this notice is limited to qualified private and public non-profit agencies, non-profit cooperatives, state and local governments, and tribal organizations in Alaska, Mississippi, Utah and Wisconsin to construct housing for agriculture, aquaculture, and seafood processing and/or fishery workers. Faith based applicants meeting these requirements are also eligible. Applicants must possess the experience, knowledge, and capacity to develop affordable multi-family housing in rural areas. C. Grant Limit A grant under this RFP may fund up to 80% of a project's TDC. TDC includes all hard costs, soft costs, initial operating reserves, administrative fees, furnishings and equipment, and related facilities. Applications will only be accepted from the following states Alaska, Mississippi, Utah, or Wisconsin. D. Equity Contributions and Leveraged Funds As stated above, a grant may fund up to 80% of the TDC which leaves at least 20% of the TDC to be funded from other sources. The applicant is encouraged to seek funding from sources with favorable rates and terms in order to keep rents within the reach of the target population. For this reason, additional selection points will be given to proposals that have funding with favorable rates and terms. Examples of such funding sources may include the Federal Home Loan Bank, the U.S. Department of Housing and Urban Development, or a State, county, or local government. Conventional loans may also be used; however, the rates and terms may not be in excess of what is common in the housing industry. For this purpose, the interest rate of any such loan may not exceed 200 basis points above the 10-year Treasury bond rate as of the date of grant closing. The term of any loan must be a minimum of 10 years and it must be amortized over a 30 year period. Longer terms are preferred. The objective in setting these limits is to create affordable rents for the tenants. In each case, equity contributions and loans must be contributed and disbursed prior to the disbursement of any grant funds from the Agency. E. Eligible Costs Eligible costs for grants under this RFP include all project related costs including all hard costs, soft costs, initial operating reserves, administrative fees, furnishings and equipment, and related facilities. Eligible costs also include technical assistance received from a non-identity of interest nonprofit organization with housing and/or community development experience, to assist the applicant in the development and packaging of its grant docket and project. Eligible costs for technical assistance is permitted by 7 CFR 3560.53 and may not exceed 4 percent of the TDC. F. Term of Use The project will remain in use for the intended purpose as required under 7 CFR parts 3015, 3016, or 3019, as applicable. These provisions require the grant recipient to use the real property for the authorized purpose of the project. The type of security instrument will be determined, prior to grant closing, by the Agency's Regional Office of the General Counsel. G. Site Control The developer must own or demonstrate evidence of site control of the proposed site. At a minimum, site control must extend 180 days past the date of application submission and is preferred to be for one year. Proof of site control should be submitted with the application. This can be in the form of a contract of sale, option agreement, long-term lease agreement, or deed or other documentation of ownership by the applicant. The applicant must exercise care in site selection. Site approval is subject to completion of an environmental assessment by RHS and sites with environmental problems will increase the amount of time necessary to complete this assessment. Proposals which will directly or indirectly impact protected resources, such as floodplains or wetlands, can require consideration of alternative sites, changes in project design, or the implementation of other mitigation measures to lessen adverse effects on the environment. H. Zoning A zoning designation adequate to develop the type of housing and number of units proposed is required. Evidence of proper zoning must be included with the application. Where there is a clear plan to have a site rezoned, a narrative explaining the situation and detailing the process and timeline for rezoning may be accepted. I. Utilities Adequate capacity to connect the project to water, sewer, electricity, and telephone services must be demonstrated. Letters from utility providers must be included in the application. If on-site utilities are proposed, engineering reports indicating correct soil types, adequate land capacity, etc. must be included in the application. J. Appraisals As required by 7 CFR 3015.56, if land is being donated as part of the grantee's contribution, the market value must be set by an independent appraiser and certified by a responsible official of the grantee. An appraisal will also be required if project funds are used to purchase land. K. Market Demand Projects funded under this RFP shall be in markets with demonstrated need for agriculture, aquaculture, and seafood processing and/or fishery worker housing. All applications should include documentation of this need in the form of a market analysis, survey, or other documentation of need. L. Design Characteristics Housing constructed under this demonstration may be of any architectural style as long as it is permitted by local zoning laws, meets all applicable building codes, and fits with the character of the surrounding community. However, the facilities should not be of extravagant design and their size must be commensurate with the needs of the workers who will occupy the housing facility. When planning units for families, lower density building design and layout is normally desirable. Housing should be designed in such a manner that it will be decent, safe, sanitary, and modest in size and cost. Actual plans, specifications, and contract documents must be prepared in accordance with 7 CFR part 1924, subpart A. Building design is subject to the requirements of section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Fair Housing Amendments Act of 1988, and any state or local accessibility requirements. For these reasons, buildings must be designed and constructed in accordance with the Uniform Federal Accessibility Standards, the Americans with Disabilities Act Accessibility Guidelines, the Fair Housing Act Accessibility Guidelines, and any state or local standards. Particular attention should be given to 7 CFR 1924.13 which gives supplemental requirements for complex construction. All construction contracts must be awarded on the basis of competitive bidding unless an exception is granted in accordance with 7 CFR 1924.13. In either case, the Contractor must be reliable and experienced in the construction of projects of similar size, design, scope, and complexity. The construction contracts must contain the nondiscrimination language, in its entirety, that is required by E.O. 11246 (refer to 41 CFR 60-1.4(b) subparagraphs 1-7 for the specific language). The plans and specifications, including the construction contract, must be reviewed and accepted by RHS prior to the start of construction. Until the plans and specifications have been approved and the grant is closed, construction work should not be started. When there are construction changes that affect design, costs, or time, the change must be documented as a contract change order and must be signed by the borrower, borrower's architect, contractor, and Agency representative before the work involved in the change is started or the costs are included in a payment request. Changes that do not affect design, costs, or time, may be handled as field orders and do not require Agency approval. RHS will conduct periodic inspections during construction to protect the interest of the Government. M. Civil Rights Title VI of the Civil Rights Act of 1964 prohibits recipients of Federal financial assistance from discriminating in their programs and activities on the basis of race, color, or national origin. It also requires recipients
(1)to sign a civil rights assurance agreement (i.e., Form RD 400-4),
(2)to collect statistical data on race and national origin,
(3)submit to the Agency timely, complete, and accurate compliance reports so that the Agency can determine compliance with program regulations and applicable civil rights laws, and
(4)to disseminate information to the public stating that the recipient operates a program that is subject to the non-discrimination requirements of Title VI and briefly explain the procedures for filing complaints. Borrowers and grantees must take reasonable steps to ensure that Limited English Proficiency
(LEP)persons receive the language assistance necessary to afford them meaningful access to USDA programs and activities, free of charge. Failure to ensure that LEP persons can effectively participate in or benefit from federally-assisted programs and activities may violate the prohibition under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Title VI regulations against national origin discrimination. Section 504 of the Rehabilitation Act of 1973 prohibits recipients of Federal financial assistance from discriminating against persons with disabilities and requires recipients to make their programs and activities accessible to, and usable by, persons with disabilities. The Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988) prohibits discrimination because of race, color, religion, sex, handicap, familial status, and national origin in the sale, rental, or advertising of dwellings in providing services or availability of residential real estate transactions. The Age Discrimination Act of 1975 prohibits recipients of Federal financial assistance from discriminating in their programs and activities on the basis of age. Post award compliance reviews will be conducted in accordance with RD Instruction 1901-E, section 1901.204. As part of the grant proposal, the applicant must provide
(1)a notice of all civil rights law suits filed against it;
(2)a description of assistance applications they have pending in other Agencies and of Federal assistance being provided;
(3)a description of any civil rights compliance reviews of the applicant during the preceding two years; and
(4)a statement as to whether the applicant has been found in noncompliance with any civil rights requirements. Successful applicants have a duty to affirmatively further fair housing. Proposals will include specific steps that the applicant will take to promote, ensure, and affirmatively further fair housing. In the event Federal financial assistance will be used to obtain or improve real property, instruments of conveyance shall contain a covenant running with the land assuring non-discrimination for the period the real property is used for the same or similar purpose the Federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits. The covenant shall be as follows: “The property described herein was obtained or improved with Federal financial assistance and is subject to the provisions of Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the regulations issued thereto. This covenant is in effect for as long as the property continues to be used for the same or similar purpose for which the financial assistance was extended, or for as long as the above recipient owns it, whichever is longer.” Contractors must comply with the Equal Employment Opportunity Executive Order 11246, as amended, and construction contracts must contain the specific non-discrimination language, in its entirety, that is required by the Executive Order. Before funds are disbursed, a pre-award civil rights compliance review will be conducted by the Agency to determine whether the applicant is, and will be, in compliance with Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Fair Housing Act, and the Age Discrimination Act of 1975. In addition, the Agency will conduct a Civil Rights Impact Analysis. N. Environmental Requirements All applications are subject to satisfactory completion of the appropriate level of environmental review by RHS in accordance with 7 CFR part 1940, subpart G. For the purposes of 7 CFR part 1940, subpart G, applications under this RFP will be considered as applications for the financing of multi-family housing. All applications are subject to the requirements of Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations.” All applications are subject to the flood insurance requirements of 7 CFR part 1806, subpart B. O. Applicable Regulations All grants funded under this program must meet the requirements of 7 CFR part 3015 and parts 3016 or 3019, as applicable, Rural Development Instruction 1924-A (7 CFR part 1924, subpart A), and 1924-C (7 CFR part 1924, subpart C). P. Dun and Bradstreet Data Universal Numbering System
(DUNS)Number As required by the Office of Management and Budget (OMB), all grant applicants must provide a DUNS number when applying for Federal grants, on or after October 1, 2003. Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line at 1-866-705-5711. Additional information concerning this requirement is provided in a policy directive issued by OMB and published in the **Federal Register** on June 27, 2003 (68 FR 38402-38405). III. Proposal Format A. Proposals must include the following: 1. Standard Form (SF)-424, “Application for Federal Assistance.” 2. Applicant's DUNS number. 3. Documentation to evidence the applicant's status as a private or public nonprofit agency, nonprofit cooperative, state or local government, or tribal organization. 4. Applicant's Financial Statements. 5. Form HUD 935.2, “Affirmative Fair Housing Marketing Plan.” 6. Form RD 3560-30, “Identity of Interest
(IOI)Disclosure Certification” and, “Identity of Interest
(IOI)Qualification.” 7. Form HUD 2530, “Previous Participation Certification.” 8. Form RD 1924-13, “Estimate and Certificate of Actual Cost.” 9. Form RD 3560-7, “Multiple Family Housing Project Budget” including rent schedule and operating and maintenance budget. 10. Form RD 1940-20, “Request for Environmental Information.” 11. A narrative statement that documents the applicant's experience, knowledge, and capacity to develop multifamily housing. 12. A Sources and Uses Statement showing all sources of funding included in the proposed project. The terms and schedules of all sources included in the project should be included in the Sources and Uses Statement. 13. Applicant organizational documents (articles of incorporation, by laws, etc.). 14. A narrative description of the proposed project, including a description of site, housing, amenities, etc. 15. A location map showing the site and surrounding services. 16. Evidence of site control. 17. Evidence of proper zoning or explanation of how proper zoning will be achieved. 18. Evidence of utilities availability or evidence that the site is suitable for on-site utilities. 19. A description of any related facilities including justification and cost of such facilities. 20. Schematic design drawings including a site plan, building elevations, and floor plans. 21. Outline specifications. 22. A statement agreeing to pay any cost overruns from the applicant's own sources. 23. Documentation of need in the form of a market study, survey, or other sources. 24. A list of all other funding sources and conditional commitments from those funding sources. The conditional commitments must provide the costs of those funds (i.e., rates, terms, fees, etc.). 25. If seeking points under Evaluation Criteria, Paragraph IV.B., a copy of the Tenant Services Plan and letters from the service provider which document that they will provide the service on-site and on a reoccurring basis. 26. Form RD 400-4, Assurance Agreement. B. The above items are required for the RFP response. If a proposal is accepted for further processing, there will be additional submittals required. IV. Evaluation Criteria A. Leveraging (Up to 40 Points) Points will be awarded based on the percent of non-RHS funds specifically identified and designated to supplement RHS funds. Leveraged funds may include donated land. In the case of donated land, the amount of leveraging will be determined by an opinion of value to be prepared by an independent, licensed appraiser. Points will be awarded as follows: Percent of leveraging Points Over 50% 10 21% to 50% 5 Additional points will be awarded based on the cost of the leveraged funds. A maximum of 30 points will be awarded under this criteria. If a proposal has multiple funding sources, points will be awarded proportionately to the amount that each funding source provides, as a percentage of the applicant's contribution. Points will be awarded as follows: Cost of leveraged funds Points Grant funds without any repayment costs 30 Loans with interest rates below the 10-year Fed bond rate 25 Loans with interest rates above the 10-year Fed bond rate (but less then 101 basis points above it) 15 Loans with interest rates more than 100 basis points above the Fed bond rate (but no more than 200 points above it) 5 B. Tenant Services (Up to 25 Points) Points will be awarded based on the presence of and extent to which a tenant services plan exists that clearly outlines services that will be provided to residents of the proposed project. These services include but are not limited to: 1. Day care or before and after school child care. 2. Computer learning centers. 3. Homeownership and budget counseling. 4. Parenting programs for young parents (such as family support centers), parenting skills sessions for all interested parents, and parent and child activities. 5. Literacy programs (such as book clubs, toddler reading programs, story groups), libraries and book sharing groups or centers. 6. Art activities or art centers for children that include painting, photography, ceramics, etc. 7. Health education and referral or health care outreach centers. 8. Job training and preparation centers. 9. Housing services and/or community coordinators. 10. Mentoring programs where young adults mentor adolescents or more established adults mentor other adults. 11. Community meeting centers. 12. Recreation centers located within housing complexes. 13. Nutritional services. 14. Transportation services. A Tenant Services Plan must be submitted with the application to receive points under this criteria. In addition, letters from the service provider must be submitted. The letters from the service providers must document that they will provide the services at the project site and on a regular, reoccurring basis. In addition, the proposed design of the housing must include the necessary physical space for the services to be provided on-site. Unless each of the above requirements are met, points will not be awarded. Five points will be awarded for each resident service included in the tenant services plan up to a maximum of 25 points. C. Energy Generation and Energy Conservation (Up to 5 Points) In an effort to implement USDA's nationwide initiative to promote renewable energy and energy conservation, Rural Development
(RD)has adopted incentives for energy generation and energy conservation. Participation in these nationwide initiatives is voluntary, but is strongly encouraged. *Energy Generation.* Applicants will be awarded points if the proposal includes the installation of energy generation systems to be funded by a third party. The proposal must include an overview of the energy generation system being proposed. Evidence that an energy generation system has been funded by a third party and that it has a quantifiable positive impact on energy consumption will be required. (5 points) *Energy Conservation.* Applicants will be awarded points to construct (or substantially rehabilitate) housing that earns the ENERGY STAR label for new residential construction. Units earning the ENERGY STAR label must be independently verified to meet guidelines for energy efficiency as set by the U.S. Environmental Protection Agency. All procedures used in verifying a unit for the ENERGY STAR label must comply with National Home Energy Ratings System
(HERS)guidelines. ENERGY STAR guidelines for residential construction apply to homes that are three stories or less and single or low-rise multi-family residential buildings. The Applicant will include in the narrative an explanation of how they plan to incorporate ENERGY STAR. Construction plans pertaining to energy efficiency must be developed with, reviewed, and accepted by a HERS certified rater, the contractor, and the owner. Progress inspections must be made at appropriate times by a HERS certified rater to ensure that the housing is being constructed or rehabilitated according to ENERGY STAR specifications. In order to receive final payment, applicants will be required to submit the appropriate rating reports from the HERS rater to RD as evidence that the housing has been constructed to meet the standards of ENERGY STAR. For further information about ENERGY STAR, see *http://www.energystar.gov* or call the following toll-free numbers:
(888)782-7939 or
(888)588-9920 (TTY). (5 points) V. Review Process All proposals will be evaluated by a RHS grant committee. The grant committee will make recommendations to the RHS Administrator concerning preliminary eligibility determinations and for the selection of proposal for further processing, based on the selection criteria contained in this RFP and the availability of funds. The Administrator will inform applicants of the status of their proposals within 30 days of the closing date of the RFP. If the proposal is accepted for further processing, the applicant will be expected to submit additional information prior to grant obligation. In addition, RHS must complete the appropriate level of environmental review prior to grant obligation. The applicant is expected to assist RHS, as necessary, in the development of this environmental review. In the event that an application is selected for further processing and the applicant either declines or reduces the size of their grant request, the RHS National Office will, at its discretion, either select the next highest ranked unfunded proposal or not utilize the funds for this demonstration project. Prior to grant obligation, grant recipients shall enter into the grant agreement provided as Appendix A to this RFP. The applicant will have one year from the date of the obligation of grant funds to begin construction. VI. RHS Monitoring During construction, RHS will take part in periodic progress meetings at the project site and shall inspect completed work. RHS approval of work completed must be given before grant funds can be disbursed for that work. RHS monitoring shall continue throughout the useful life of the project or until the grant is terminated under provisions established in 7 CFR part 3015 and parts 3016 or 3019, as applicable. Monitoring shall consist of initial and annual tenant certifications, civil rights compliance reviews, triennial physical inspections, annual proposed and actual operating budgets, and annual audits. If other funding sources involved in the project require reporting, those formats may be used in place of RHS methods as long as those formats meet RHS requirements. Tenants and grantees must execute an Agency-approved tenant certification form establishing the tenant's eligibility prior to occupancy. In addition, tenant households must be recertified and must execute a tenant certification form at least annually. Grantees will submit to a triennial (once every three years) physical inspection of the project. RHS will inspect for health and safety issues, deferred maintenance, and other physical problems that can endanger the provision of decent, affordable housing to the target population on a long-term basis. Annual proposed and actual operating and maintenance budgets will be required to insure that all project needs are being met and all RHS guidelines are being followed. The form of operating and maintenance budgets will be designated by RHS. The grantee must submit annual audits of the project finances to RHS in accordance with the requirements established by OMB, in accordance with in 7 CFR part 3052. Nondiscrimination Statement “The U.S. Department of Agriculture
(USDA)prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at
(202)720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC. 20250-9410 or call
(800)795-3272 (voice) or
(202)720-6382 (TDD). USDA is an equal opportunity provider, employer, and lender.” Dated: July 9, 2007. Russell T. Davis, Administrator, Rural Housing Service. Appendix A—Processing and/or Fishery Worker Housing Grant Agreement United States Department of Agriculture Rural Housing Service Processing and/or Fishery Worker Housing Grant Agreement This Grant Agreement (Agreement) dated ____, __, is a contract for receipt of grant funds under the Processing and/or Fishery Worker Housing Grant Demonstration Program authorized in the Consolidated Appropriations Act, 2004 (Pub. L. 108-199). This grant will be administered under the Request for Proposals (RFP): Demonstration Program for Agriculture, Aquaculture, and Seafood Processing and/or Fishery Worker Housing Grants published in the **Federal Register** on ____, 2007, and the regulations governing the Farm Labor Housing Grant program (7 CFR part 3560 subpart L and 7 CFR 3560 subpart E). These requirements do not supersede the applicable requirements for receipt of Federal funds stated in 7 CFR parts 3015, “Uniform Federal Assistance Regulations,” 3016 “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” or 3019, “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-profit Organizations.” Further, all relevant regulatory requirements, including 7 CFR parts 3015, 3016 and 3019, apply to applicants whether contained in here or not. Between ____________, a private or public nonprofit agency, nonprofit cooperative, state or local government, or tribal organization (Grantee) and the United States of America acting through the Rural Housing Service (RHS), Department of Agriculture, (Grantor) Witnesseth: All references herein to “Project” refer to a Processing and/or Fishery Worker Housing facility to serve a rural community generally known as ____. The principal amount of the grant is $____ (Grant Funds) which is ____ percent of Project costs. Whereas Grantee has determined to undertake the acquisition, construction, enlargement, capital improvement, or purchase of equipment for a project with a total estimated cost of $____. Grantee is able to finance and has committed $____ of Project costs. The Grantor has agreed to give the Grantee the Grant Funds, subject to the terms and conditions established by the Grantor. Provided, however, that any Grant Funds actually advanced and not needed for grant purposes shall be returned immediately to the Grantor. The Grantor may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions of this Agreement or the applicable regulations. As a condition of this Agreement, the Grantee assures and certifies that it is in compliance with and will comply in the course of the Agreement with all applicable laws, regulations, Executive Orders, and other generally applicable requirements, including those contained in 7 CFR 3015.205(b), which are incorporated into this Agreement by reference, and such other statutory provisions as are specifically contained herein. Now, therefore, in consideration of said grant, and completing and reviewing the collection of information, Grantee agrees that Grantee will: A. Cause said Project to be constructed within the total sums available to it, including Grant Funds, in accordance with any architectural or engineering reports, and any necessary modifications, prepared by Grantee and approved by Grantor. B. Provide periodic reports as required by Grantor and permit periodic inspection of the Project by a representative of the Grantor. For grant-only Projects, Form SF-269, “Financial Status Report,” and a project performance report will be required on a quarterly basis (due 15 working days after each calendar quarter). A final project performance report will be required with the last “Financial Status Report.” The final report may serve as the last quarterly report. Grantees shall constantly monitor performance to ensure that time schedules are being met, projected work by time periods is being accomplished, and other performance objectives are being achieved. The project performance reports shall include, but are not limited to, the following: 1. A comparison of actual accomplishments to the objectives established for that period; 2. Reasons why established objectives were not met; 3. Problems, delays, or adverse conditions which will affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of particular project work elements during established time periods. This disclosure shall be accomplished by a statement of the action taken or planned to resolve the situation; and 4. Objectives and timetables established for the next reporting period. C. Manage, operate, and maintain the facility, including this Project if less than the whole of said facility, continuously in an efficient and economical manner. D. Not use grant funds to replace any financial support previously provided or assured from any other source. The Grantee agrees that the Grantee's level of expenditure for the Project shall be maintained and not reduced as a result of Grant Funds. E. Make the public facility or services available to all persons in Grantee's service area without discrimination as to race, color, religion, sex, national origin, age, marital status, sexual orientation or physical or mental disability at reasonable rates, including assessments, taxes, or fees. Grantee may make modifications as long as they are reasonable and nondiscriminatory. The Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title XI of the Education Act of 1973, the Age Discrimination Act of 1975, Title XI of the Education Act of 1972, Title VIII of the Fair Housing Act of 1968 as amended in 1988, and Executive Order 11246. The Grantee will make the public facility or service available to all persons in the Grantee's service area without regard to discrimination on the grounds of race, color, religion, sex national origin, age, martial status and disability. Grantee will make known to tenants and applicants the reasonable accommodation requirements under the Fair Housing Amendments Act, Section 504 of the Rehabilitation Act of 1973 and Departmental Regulations. Grantee is required to make modification at the complex's expense, unless to so, would cause an undue financial or administrative burden. F. Execute any agreements required by Grantor which Grantee is legally authorized to execute. If any such agreement has been executed by Grantee as a result of a loan being made to Grantee by Grantor contemporaneously with the making of this grant, that agreement applies equally to the grant and another identical agreement need not be executed in connection with this grant. G. Repay to Grantor the Grant Funds with any legally permitted interest from the date of any default under its representations or agreements contained in this instrument. The provisions of this Agreement may be enforced by Grantor, at its option and without regard to prior waivers of previous defaults by Grantee, by judicial proceedings to require specific performance of the terms of this Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance with the provisions of this Agreement and the laws and regulations under which this grant is made. H. Use the real property including land, improvements, structures, and appurtenances thereto, for authorized purposes of the grant as long as needed. 1. Title to real property shall vest in the Grantee subject to the condition that the Grantee shall use the real property for the authorized purpose of the original grant as long as needed. 2. The Grantee shall obtain Grantor's approval to use the real property in other projects when the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with those authorized for support by the Grantor. 3. When the real property is no longer needed, as provided in Paragraphs H.1 and H.2 above, the Grantee shall request disposition instructions from the Grantor. This Grant Agreement covers the following described real property (use continuation sheets as necessary). I. Abide by the following conditions pertaining to equipment which is furnished by the Grantor or acquired wholly or in part with Grant Funds. Equipment means tangible, non-expendable personal property having a useful life of more than one year. 1. Use of equipment.
(a)The Grantee shall use the equipment in the Project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall dispose or use the equipment in accordance with 7 CFR parts 3015, 3016 or 3019 whichever is applicable. 3. The Grantee's property management standards for equipment shall include:
(a)Property records which accurately provide for: A description of the equipment; manufacturer's serial number or other identification number; acquisition date and cost; source of the equipment; percentage (at the end of budget year) of Federal participation in the cost of the Project for which the equipment was acquired; location, use, and condition of the equipment and the date the information was reported; and ultimate disposition data including sales price or the method used to determine current fair market value if the Grantee reimburses the Grantor for its share.
(b)A physical inventory of equipment shall be taken and the results reconciled with the equipment records at least once every two years to verify the existence, current utilization, and continued need for the equipment.
(c)A control system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented.
(d)Adequate maintenance procedures shall be implemented to keep the equipment in good condition.
(e)Proper sales procedures shall be established for unneeded equipment which would provide for competition to the extent practicable and result in the highest possible return. This Grant Agreement covers the following described equipment (use continuation sheets as necessary). J. Provide Financial Management Systems which will include: 1. Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting will be on an accrual basis. 2. Records which identify adequately the source and application of funds for grant-supported activities. Those records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. 3. Effective control over and accountability for all funds, property, and other assets. Grantees shall adequately safeguard all such assets and shall ensure that they are used solely for authorized purposes. 4. Accounting records supported by source documentation. K. Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of at least three years after grant closing except that the records shall be retained beyond the three-year period if audit findings have not been resolved. Microfilm or photocopies or similar methods may be substituted in lieu of original records. The Grantor and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Grantee's which are pertinent to the specific grant program for the purpose of making audits, examinations, excerpts, and transcripts. L. Provide either an audit report, annual financial statements, or other documentation prepared in accordance with Grantor regulations to allow the Grantor to determine that funds have been used in compliance with the proposal, any applicable laws and regulations, and this Agreement. M. Agree to account for and to return to Grantor interest earned on grant funds pending their disbursement for program purposes when the Grantee is a unit of local government. States and agencies or an instrumentality of a State shall not be held accountable for interest earned on Grant Funds pending their disbursement. N. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Grantor or acquired wholly or in part with Grantor funds without the written consent of the Grantor except as provided in Paragraphs H and I. O. Not duplicate other Project purposes for which monies have been received, are committed, or are applied to from other sources (public or private). P. From construction completion throughout the term of the grant, the grantee shall submit on an annual basis, or as needed, the following: 1. Project Operating Budget to be completed on Form RD 1930-7 “Multiple Family Housing Project Budget.” All sections of the budget are to be completed including, but not limited to, proposed and actual income and expense estimates, operating and maintenance expenses, special account statements (reserve, tax and insurance, and security deposit accounts) and capital improvement budgets. 2. Annual Tenant Certification to be completed on Form RD 1944-8, “Tenant Certification.” This document shall be the official means by which tenant eligibility is established. This document must be completed by each tenant and the Grantee at the time of initial move-in, following a fluctuation in tenant income or change in employment sector (processing to non-processing), and on each annual lease anniversary. The Grantee shall verify tenant income and employment sector with pay stubs, employer letters, or other documents which can verify the tenant's employment in agriculture, aquaculture, and seafood processing and/or fishery work and the tenants household income. 3. Other forms and reports as required by Federal, State, or local statute. Q. Use of Real Property. The facility shall remain in use for its initially designated purpose of providing housing for agriculture, aquaculture, and seafood processing and/or fishery workers. Grantee will not require any occupant of the housing or related facilities, as a condition of occupancy, to work or be employed by any particular processor, fishery, or other place, or work for or be employed by any particular person, firm, or interest. When no longer needed, RHS may approve the use of the property for other uses in accordance with 7 CFR parts 3015, 3016 and 3019, whichever is applicable. Grantor Agrees That It: A. Will make available to Grantee for the purpose of this Agreement not to exceed $____ which it will advance to Grantee to meet but not to exceed __ percent of the Project development costs in accordance with the actual needs of Grantee as determined by Grantor. B. Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems appropriate in planning the Project and coordinating the plan with local official comprehensive plans for essential community facilities and with any State or area plans for the area in which the project is located. C. At its sole discretion and at any time, may give any consent, deferment, subordination, release, satisfaction, or termination of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Grantor may determine to be
(1)advisable to further the purpose of the grant or to protect Grantor's financial interest therein and
(2)consistent with both the statutory purposes of the grant and the limitations of the statutory authority under which it is made. Termination of This Agreement This Agreement may be terminated for cause in the event of default on the part of the Grantee or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose. Termination for convenience will occur when both the Grantee and Grantor agree that the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds. In witness whereof, Grantee has this day authorized and caused this Agreement to be executed by and attested with its corporate seal affixed (if applicable) by Attest: By (Title) United States of America Rural Housing Service By
(Name)(Title) [FR Doc. E7-13763 Filed 7-16-07; 8:45 am] BILLING CODE 3410-XV-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 39-2006] Foreign-Trade Zone 29 - Louisville, Kentucky, Application for Subzone Status, NACCO Materials Handling Group, Inc., Plant, (Forklift Trucks), Amendment of Application: Additional Site Notice is hereby given that the application submitted by the Louisville and Jefferson County Riverport Authority, grantee of FTZ 29, requesting special-purpose subzone status for the forklift truck manufacturing facility of NACCO Materials Handling Group, Inc. (NMHG), located in Berea, Kentucky (71 FR 54611, 9-18-2006) has been amended to include an additional site (1 warehouse/195,000 sq.ft./22 acres) comprised of Building 105 located at 145 Hi Lane Drive in Richmond (Madison County), Kentucky. Public comment is invited from interested parties. The comment period is hereby reopened until [30 days from date of publication]. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. A copy of the application and the amendment is available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, 1600 World Trade Center, 333 W. Vine Street, Lexington, Kentucky 40507; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, District of Columbia 20230-0002. For further information, contact Pierre Duy, examiner, at pierre_duy@ita.doc.gov, or
(202)482-1378. Dated: July 10, 2007. Andrew McGilvray, Executive Secretary. [FR Doc. E7-13823 Filed 7-16-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 22-2007] Foreign-Trade Zone 86 - Tacoma, Washington, Expansion of Manufacturing Authority - Subzone 86D; Tesoro Refining and Marketing Company, Anacortes, Washington An application has been submitted to the Foreign-Trade Zones
(FTZ)Board (the Board) by the Port of Tacoma, grantee of FTZ 86, requesting authority on behalf of Tesoro Refining and Marketing Company (Tesoro), to expand the scope of manufacturing activity conducted under zone procedures within Subzone 86D at the Tesoro oil refinery complex in Anacortes, Washington. The application was submitted pursuant to 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 July 10, 2007. Subzone 86D (108,200 BPD capacity, 350 employees) was approved by the Board in 2001 for the manufacture of fuel products and certain petrochemical feedstocks and refinery by-products (Board Order 1140, 66 FR 6583-6585, 1-22-2001). The subzone is located on West March Point Road in Anacortes, Washington (Skagit County). The request anticipates expansion of Tesoro's crude unit and modifications and upgrades to existing units within the refinery complex that may increase the overall crude distillation capacity of the refinery up to 150,000 BPD. No additional feedstocks or products have been requested. Zone procedures would exempt the increased production from customs duty payments on the foreign products used in its exports. On domestic sales of the increased production, the company would be able to choose the finished product duty rate on certain petrochemical feedstocks and refinery by-products (duty-free) by admitting foreign crude oil in non-privileged foreign status. The duty rates on crude oil range from 5.25 cents/barrel to 10.5 cents/barrel. The application indicates that the savings from zone procedures help improve the refinery's international competitiveness. In accordance with the Board's regulations, a member of the FTZ staff has been designated examiner to investigate the application and report 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 September 17, 2007. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to October 1, 2007). A copy of the application and accompanying exhibits will be available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, 2601 Fourth Avenue, Suite 310, Seattle, WA 98121. Office of the Executive Secretary, Foreign-Trade Zones Board, U.S. Department of Commerce, Room 2111, 1401 Constitution Ave., NW, Washington, DC 20230. For further information, contact Diane Finver at *Diane_Finver@ita.doc.gov* or
(202)482-1367. Dated: July 10, 2007. Andrew McGilvray, Executive Secretary. [FR Doc. E7-13824 Filed 7-16-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 070619210-7211-01] Request for Public Comments on a Systematic Review of the Commerce Control List AGENCY: Bureau of Industry and Security, Commerce. ACTION: Notice of inquiry. SUMMARY: The Bureau of Industry and Security
(BIS)is soliciting comments from the public regarding the Commerce Control List
(CCL)in the Export Administration Regulations (EAR). BIS has already requested that its Technical Advisory Committees
(TACs)review the CCL and recommend potential changes to BIS. BIS believes that it would also be beneficial to allow interested members of the public to submit comments regarding the CCL. DATES: Comments must be received by September 17, 2007. ADDRESSES: Written comments on this notice of inquiry may be sent by e-mail to *publiccomments@bis.doc.gov* . Include “Notice of Inquiry—CCL” in the subject line of the message. Comments may also be submitted by mail or hand delivery to Timothy Mooney, Office of Exporter Services, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, ATTN: Notice of Inquiry—CCL; or by fax to
(202)482-3355. FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Regulatory Policy Division, Bureau of Industry and Security, telephone:
(202)482-2440, e-mail: *tmooney@bis.doc.gov* . SUPPLEMENTARY INFORMATION: Background The Commerce Control List
(CCL)is found in Supplement No. 1 to part 774 of the EAR. The CCL is a list of items subject to the Export Administration Regulations (EAR). Items subject to the EAR are under the export control jurisdiction of the Bureau of Industry and Security (BIS), U.S. Department of Commerce. The CCL covers items (i.e., commodities, software, and technology) enumerated in Export Control Classification Numbers (ECCNs). There are 10 general categories (0-9) of ECCNs and each category has five parts (Systems, Equipment and Components; Test, Inspection and Production Equipment; Materials; Software; and Technology). The CCL covers a broad range of commodities, software and technologies and plays an important role in the U.S. system for controlling the export of dual-use items. Items not listed on the CCL, but subject to the EAR, are designated as EAR99. Changes are made regularly to the CCL to reflect revisions in the control lists of the multilateral export control regimes (Wassenaar Arrangement; Missile Technology Control Regime; Australia Group; Nuclear Suppliers' Group). To conduct a more systematic review of the CCL, BIS has requested that its TACs review the CCL and recommend potential changes to BIS. In addition to seeking recommendations from its TACs, BIS is also inviting the interested public to submit comments regarding:
(1)The overall structure of the CCL, including suggestions for how the structure of the CCL may be changed to better advance U.S. national security, foreign policy, and economic interests;
(2)Types of items that should be listed on the CCL and the appropriate levels of controls to be placed on those items, taking into account technology levels, markets, and foreign availability;
(3)Any updates to the CCL item descriptions that would enable the descriptions to better reflect the intent of the multinational controls and to eliminate any overly broad descriptions that inadvertently capture non-critical items that are not controlled by other countries; and
(4)Coordination and harmonization of controls on items covered by the multilateral regimes, such as the Wassenaar Arrangement. Comments should be submitted to BIS as described in the ADDRESSES section of this notice by September 17, 2007. Dated: July 11, 2007. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. E7-13843 Filed 7-16-07; 8:45 am] BILLING CODE 3510-33-P DEPARTMENT OF COMMERCE International Trade Administration A-570-898 Chlorinated Isocyanurates from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates (“chlorinated isos”) from the People's Republic of China (“PRC”) covering the period December 16, 2004, through May 31, 2006. We have preliminarily determined that sales have been made below normal value (“NV”) by Hebei Jiheng Chemical Company Ltd. (“Jiheng Chemical”). If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on all appropriate entries of subject merchandise during the period of review (“POR”). Interested parties are invited to comment on these preliminary results. We intend to issue the final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”). EFFECTIVE DATE: July 17, 2007. FOR FURTHER INFORMATION CONTACT: Katharine Huang or Charles Riggle, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-1271 or
(202)482-0650, respectively. SUPPLEMENTARY INFORMATION: Background On June 24, 2005, the Department published the antidumping duty order on chlorinated isos from the PRC. 1 On June 2, 2006, the Department published a notice of opportunity to request an administrative review of this order. 2 On June 30, 2006, in accordance with 19 CFR 351. 213(b)(1), the following requests were made: Clearon Corporation (“Clearon”) and Occidental Chemical Corporation (“OxyChem”), petitioners in the underlying investigation, and BioLab, Inc. (“BioLab”), a domestic producer of the like product, requested that the Department conduct an administrative review of Jiheng Chemical's sales and entries during the POR; On the same date, in accordance with 19 CFR 351.213(b)(2), Jiheng Chemical, a foreign producer/exporter of subject merchandise, requested that the Department review its sales of subject merchandise. 1 *See Notice of Antidumping Duty Order: Chlorinated Isocyanurates From the People's Republic of China* , 70 FR 36561 (June 24, 2005). 2 *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 71 FR 32032 (June 2, 2006). On July 27, 2006, the Department initiated this administrative review with respect to Jiheng Chemical. 3 The Department issued an antidumping duty questionnaire to Jiheng Chemical on August 15, 2006. 3 *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 71 FR 42626 (July 17, 2006). On August 16, 2006, the Department requested that the Office of Policy provide a list of surrogate countries for this review. 4 On August 23, 2006, the Office of Policy issued its list of surrogate countries. 5 4 *See* Memorandum to Ron Lorentzen, Director, Office of Policy, from Wendy Frankel, Director, AD/CVD Operations, Office 8, “Surrogate-Country Selection: 2004-2006 Administrative Review of the Antidumping Duty Order on Chlorinated Isocyanurates from the People's Republic of China” (August 16, 2006). 5 *See* the Memorandum from Ron Lorentzen, Director, Office of Policy, to Wendy Frankel, Director, AD/CVD Operations, Office 8, “Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Request for a List of Surrogate Countries” (August 23, 2006) (“Surrogate Country Memorandum”). On August 24, 2006, the Department requested that interested parties submit surrogate value information. On September 12, 2006, the Department requested that interested parties provide surrogate country selection comments. On September 15, 2006, Clearon and OxyChem (“Petitioners”) and BioLab requested an extension of time for all interested parties to submit surrogate value information, provide surrogate country selection comments, and submit factual information. On September 19, 2006, the Department granted the Petitioners' and BioLab's extension requests. On October 25, 2006, BioLab requested a further extension of time to submit surrogate value information and provide surrogate country selection comments. On October 31, 2006, the Department granted the requested extension to all parties. On November 17, 2006, Petitioners, BioLab and Jiheng Chemical provided comments on publicly available information to value the factors of production (“FOP”) and the selection of a surrogate country. All interested parties recommended India as the surrogate country. On November 27, 2006, Jiheng Chemical submitted rebuttal comments on Petitioners' November 17, 2006 surrogate value submission. On November 27, 2006, Petitioners and BioLab requested an extension of time for all parties to submit rebuttal information concerning surrogate values. On November 28, 2006, the Department granted Petitioners' and BioLab's extension requests. On November 30, 2006, BioLab requested an extension of time for all parties to submit factual information. On December 4, 2006, the Department granted BioLab's extension request. On December 6, 2006, Petitioners and BioLab submitted rebuttal comments on Jiheng Chemical's November 17, 2006 surrogate value submission. On December 15, 2006, Jiheng Chemical submitted rebuttal information on Petitioners' and BioLab's December 6, 2006 submissions. On December 15, 2006, Petitioners and BioLab submitted factual information on surrogate value selection. On December 26, 2006, Petitioners submitted comments on Jiheng Chemical's December 15, 2006 rebuttal information. On January 5, 2007, Jiheng Chemical submitted rebuttal information on Petitioners' December 26, 2006 comments. On January 16, 2007, Petitioners submitted rebuttal information on Jiheng Chemical's January 5, 2007 comments. On October 11, 2006, Jiheng Chemical submitted its sections A, C, and D questionnaire responses (“AQR, CQR and DQR”, respectively). On November 6, 2006, the Department issued a section A supplemental questionnaire to Jiheng Chemical. On November 17, 2006, BioLab submitted comments on Jiheng Chemical's AQR, CQR and DQR. Petitioners submitted comments on Jiheng Chemical's AQR, CQR and DQR on November 20, 2006. On November 28, 2006, Jiheng Chemical submitted rebuttal comments on Petitioners' November 20, 2006, and BioLab's November 17, 2006, comments on its AQR, CQR and DQR. On December 5, 2006, Jiheng Chemical submitted its section A supplemental questionnaire response (“1 st SQR”). On January 19, 2007, BioLab submitted comments on Jiheng Chemical's 1 st SQR. On March 6, 2007, the Department issued a second supplemental questionnaire to Jiheng Chemical. On April 5, 2007, Jiheng Chemical submitted its second supplemental questionnaire response (“2 nd SQR”). On April 20, 2007, the Department issued a supplemental questionnaire requesting that Jiheng Chemical provide more information on the desiccant it uses. On April 24 and 25, 2007, respectively, Petitioners and BioLab submitted comments on Jiheng Chemical's 2 nd SQR, and requested that the Department conduct verification of Jiheng Chemical. On April 30, 2007, Jiheng Chemical submitted its supplemental questionnaire response on desiccant. Jiheng Chemical submitted rebuttal comments on May 1, 2007, addressing Petitioners' April 24, 2007 and BioLab's April 25, 2007 comments on its 2 nd SQR. On May 8, 2007, the Department issued a third supplemental questionnaire, and on May 17, 2007, the Department issued a fourth supplemental questionnaire. On May 21, 2007, Jiheng Chemical submitted its response to the Department's third supplemental questionnaire (“3 rd SQR”), and on June 7, 2007, Jiheng Chemical submitted its response to the Department's fourth supplemental questionnaire (“4 th SQR”). On March 5, 2007, the Department published a notice in the **Federal Register** extending the time limit for the preliminary results of review until May 1, 2007. 6 On May 2, 2007, the Department published a notice in the **Federal Register** further extending the time limit for the preliminary results of review until July 2, 2007. 7 6 *See Chlorinated Isocyanurates from the People's Republic of China: Extension of Time limit for Preliminary Results of Antidumping Duty Administration Review* , 72 FR 9729 (March 5, 2007). 7 *See Chlorinated Isocyanurates from the People's Republic of China: Extension of Time limit for Preliminary Results of Antidumping Duty Administration Review* , 72 FR 24272 (May 2, 2007). Scope of the Order The products covered by this order are chlorinated isocyanurates, as described below: Chlorinated isocyanurates are derivatives of cyanuric acid, described as chlorinated s-triazine triones. There are three primary chemical compositions of chlorinated isocyanurates:
(1)trichloroisocyanuric acid (Cl 3
(NCO)3 ),
(2)sodium dichloroisocyanurate (dihydrate) (NaCl 2
(NCO)3 •2H 2 O), and
(3)sodium dichloroisocyanurate (anhydrous) (NaCl 2
(NCO)3 ). Chlorinated isocyanurates are available in powder, granular, and tableted forms. This order covers all chlorinated isocyanurates. Chlorinated isocyanurates are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.50.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The tariff classification 2933.69.6015 covers sodium dichloroisocyanurates (anhydrous and dihydrate forms) and trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and 2933.69.6050 represent basket categories that include chlorinated isocyanurates and other compounds including an unfused triazine ring. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Non-Market Economy Country Status Jiheng Chemical did not contest the Department's treatment of the PRC as a non-market economy (“NME”), and the Department has treated the PRC as an NME country in all past antidumping duty investigations and administrative reviews and continues to do so in this case. 8 No interested party in this case has argued that we should do otherwise. Designation as an NME country remains in effect until it is revoked by the Department. See Section 771(18)(C)(i) of the Act. 8 *See, e.g., Certain Cased Pencils from the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review* , 72 FR 27074 (May 14, 2007); and *Carbazole Violet Pigment 23 from the People's Republic of China: Final Results of Antidumping Duty Administrative Review* , 72 FR 26589 (May 10, 2007). Surrogate Country Section 773(c)(1) of the Act directs the Department to base NV on the NME producer's FOPs, valued in a surrogate market-economy country or countries considered to be appropriate by the Department. In accordance with section 773(c)(4) of the Act, in valuing the FOPs, the Department shall use, to the extent possible, the prices or costs of the FOPs in one or more market-economy countries that are:
(1)at a level of economic development comparable to that of the NME country; and
(2)significant producers of comparable merchandise. The sources of the surrogate factor values are discussed under the “Normal Value” section below and in the Surrogate Value Memorandum. 9 9 *See* Memorandum from Katharine Huang, International Trade Compliance Analyst, through Charles Riggle, Program Manager, to Wendy Frankel, Director, AD/CVD Operations, Office 8, “Preliminary Results of the 2004-2006 Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Surrogate Value Memorandum” (July 2, 2007) (“Surrogate Value Memorandum”). The Department has previously determined that India, Indonesia, Sri Lanka, the Philippines, and Egypt are countries comparable to the PRC in terms of economic development. *See* Surrogate Country Memorandum. Customarily, we select an appropriate surrogate country from the Surrogate Country Memorandum based on the availability and reliability of data from the countries that are significant producers of comparable merchandise. In this case, we have found that India is a significant producer of comparable merchandise. 10 10 *See* Memorandum from Katharine Huang, International Trade Compliance Analyst, through Charles Riggle, Program Manager, to Wendy Frankel, Director, AD/CVD Operations, Office 8, “Antidumping Administrative Review of Chlorinated Isocyanurates: Selection of a Surrogate Country,” (July 2, 2007) (“Surrogate Country Selection Memorandum”). The Department used India as the primary surrogate country and accordingly, has calculated NV using Indian prices to value the PRC producers' FOPs, when available and appropriate. *See* Surrogate Country Selection Memorandum and Surrogate Value Memorandum. We have obtained and relied upon publicly available information wherever possible. In accordance with 19 CFR 351.301(c)(3)(ii), for the final results in an antidumping administrative review, interested parties may submit publicly available information to value factors of production within 20 days after the date of publication of the preliminary results of review. Separate Rates In proceedings involving NME countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control, and thus, should be assigned a single antidumping duty deposit rate. It is the Department's policy to assign all exporters of subject merchandise subject to review in an NME country a single rate unless an exporter can demonstrate that it is sufficiently independent of government control to be entitled to a separate rate. 11 We have considered whether the reviewed company based in the PRC is eligible for a separate rate. 11 *See, e.g., Certain Cased Pencils from the People's Republic of China; Preliminary Results of Antidumping Duty Administrative Review* , 71 FR 70949, 71 FR 70952 (December 7, 2006) (unchanged in the final results); *Carbazole Violet Pigment 23 From the People's Republic of China; Preliminary Results of Antidumping Duty Administrative Review and Rescission in Part* , 71 FR 65073, 65074 (November 7, 2006) (unchanged in the final results). The Department's separate-rate test to determine whether the exporters are independent from government control does not consider, in general, macroeconomic/border-type controls, *e.g.* , export licenses, quotas, and minimum export prices, particularly if these controls are imposed to prevent dumping. The test focuses, rather, on controls over the investment, pricing, and output decision-making process at the individual firm level. 12 12 *See Certain Cut-to-Length Carbon Steel Plate from Ukraine: Final Determination of Sales at Less than Fair Value* , 62 FR 61754, 61757 (November 19, 1997); and *Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China: Final Results of Antidumping Duty Administrative Review* , 62 FR 61276, 61279 (November 17, 1997). To establish whether an exporter is sufficiently independent of government control to be entitled to a separate rate, the Department analyzes the exporter in light of select criteria, discussed below. 13 Under this test, exporters in NME countries are entitled to separate, company-specific margins when they can demonstrate an absence of government control over exports, both in law (“ *de jure* ”) and in fact (“ *de facto* ”). 13 *See Final Determination of Sales at Less Than Fair Value: Sparklers from the People's Republic of China* , 56 FR 20585, 22587 (May 6, 1991) (“ *Sparklers* ”); and *Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide From the People's Republic of China* , 59 FR 22585 (May 2, 1994). Jiheng Chemical provided company-specific separate-rate information. Jiheng Chemical reported that it is owned by all the people of the PRC. *See* Jiheng Chemical's AQR at A-4. Therefore, a separate-rates analysis is necessary to determine whether its export activities are independent from government control. A. Absence of De Jure Control The Department considers the following *de jure* criteria in determining whether an individual company may be granted a separate rate:
(1)an absence of restrictive stipulations associated with an individual exporter's business and export licenses;
(2)any legislative enactments decentralizing control of companies; or
(3)any other formal measures by the government decentralizing control of companies. *See Sparklers* , 56 FR 20588 at Comment 1. Jiheng Chemical has placed documents on the record to demonstrate the absence of *de jure* control, including its list of shareholders, business license, and the Company Law of the People's Republic of China, as revised October 27, 2005 (“Company Law”). Other than limiting Jiheng Chemical to activities referenced in the business license, we found no restrictive stipulations associated with the license. In addition, in previous cases, the Department has analyzed the Company Law and found that it establishes an absence of *de jure* control. 14 We have no information in this segment of the proceeding that would cause us to reconsider this determination. Therefore, based on the foregoing, we have preliminarily found an absence of *de jure* control for Jiheng Chemical. 14 *See, e.g., Certain Non-Frozen Apple Juice Concentrate from the People's Republic of China: Final Results, Partial Recision and Termination of a Partial Deferral of the 2002-2003 Administrative Review* , 69 FR 65148, 65150 (November 10, 2004). B. Absence of De Facto Control As stated in previous cases, there is some evidence that certain enactments of the PRC central government have not been implemented uniformly among different sectors and/or jurisdictions in the PRC. 15 Therefore, the Department has preliminarily determined that an analysis of *de facto* control is critical in determining whether Jiheng Chemical is, in fact, subject to a degree of government control that would preclude the Department from assigning separate rates. The Department typically considers four factors in evaluating whether each respondent is subject to de facto government control of its export functions:
(1)whether the exporter sets its own export prices independent of the government and without the approval of a government authority;
(2)whether the respondent has authority to negotiate and sign contracts, and other agreements;
(3)whether the respondent has autonomy from the government in making decisions regarding the selection of its management; and
(4)whether the respondent retains the proceeds of its export sales and makes independent decisions regarding disposition of profits or financing of losses. 16 15 *See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Certain Preserved Mushrooms from the People's Republic of China* , 63 FR 72255, 72257 (December 31, 1998). 16 *See, e.g., Final Determination of Sales at Less Than Fair Value: Furfuryl Alcohol From the People's Republic of China* , 60 FR 22544, 22545 (May 8, 1995). With regard to *de facto* control, Jiheng Chemical reported that:
(1)it independently set prices to the United States through direct arm's-length negotiations with its customers and these prices are not subject to review by any government organization;
(2)Jiheng Chemical did not coordinate with other exporters or producers to set the price or to determine to which market the companies will sell subject merchandise;
(3)Jiheng Chemical is a member of the China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters, which is a non-governmental association, and does not interfere with the export activities of Jiheng Chemical;
(4)Jiheng Chemical's authorized sales representatives have the authority to contractually bind it to sell subject merchandise;
(5)in accordance with the Article of Association, its board of directors designated the general manager;
(6)there is no restriction on its use of export revenues;
(7)its shareholders ultimately determine the disposition of respective profits, and Jiheng Chemical has not had a loss in the last two years. Our analysis of Jiheng Chemical's questionnaire responses reveals no other information indicating government control of its export activities. Therefore, based on the information on the record, we preliminarily determine that there is an absence of *de facto* government control with respect to Jiheng Chemical's export functions and that Jiheng Chemical has met the criteria for the application of a separate rate. Date of Sale Section 351.401(i) of the Department's regulations states that: in identifying the date of sale of the subject merchandise or foreign like product, the Secretary normally will use the date of invoice, as recorded in the exporter or producer's records kept in the normal course of business. However, the Secretary may use a date other than the date of invoice if the Secretary is satisfied that a different date better reflects the date on which the exporter or producer establishes the material terms of sale. Jiheng Chemical reported the shipment date as the date of sale because it claims that, for its U.S. sales of subject merchandise made during the POR, the material terms of sale were established on the shipment date and its shipment date was on or before the invoice date. We have preliminarily determined that the shipment date is the most appropriate date to use as Jiheng Chemical's date of sale in accordance with our long-standing practice of determining as the date of sale the date on which the final terms of sale are established. 17 17 * Notice of Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp from Thailand * , 69 FR 76918 (December 23, 2004), and accompanying Issues and Decision Memorandum at Comment 10; and *Notice of Final Determination of Sales at Less Than Fair Value: Structural Steel Beams from Germany* , 67 FR 35497 (May 20, 2002), and accompanying Issues and Decision Memorandum at Comment 2. Normal Value Comparisons To determine whether sales of chlorinated isos to the United States by Jiheng Chemical were made at less than NV, we compared export price (“EP”) to NV, as described in the “Export Price,” and “Normal Value” sections of this notice, pursuant to section 771(35) of the Act. Export Price Petitioners and BioLab requested that the Department determine that Jiheng Chemical is affiliated with one of its U.S. customers and, accordingly, base U.S. price on constructed-export-price (“CEP”) rather than EP. Our analysis of Jiheng Chemical's questionnaire responses reveals no information to support a finding that Jiheng Chemical is affiliated with its U.S. customer. 18 Because Jiheng Chemical sold the subject merchandise to unaffiliated purchasers in the United States prior to importation into the United States and the use of the CEP methodology is not otherwise indicated, we have used EP in accordance with section 772(a) of the Act. 18 *See* the Memorandum from Katharine Huang, International Trade Compliance Analyst, through Charles Riggle, Program Manager, to Wendy Frankel, Director, AD/CVD Operations, Office 8, “Preliminary Results of the 2004-2006 Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Memorandum on Affiliation Issue between Jiheng Chemical and its US Customer” (July 2, 2007). We calculated EP based on the delivered price to unaffiliated purchasers for Jiheng Chemical. From this price, we deducted amounts for foreign inland freight, brokerage and handling and marine insurance, where applicable, pursuant to section 772(c)(2)(A) of the Act. 19 19 *See* Memorandum to the File from Katharine Huang, International Trade Compliance Analyst, through Charles Riggle, Program Manager, AD/CVD Operations, Office 8, “Analysis for the Preliminary Results of the 2004-2006 Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Hebei Jiheng Chemical Company Ltd. (July 2, 2007). The Department used two sources to calculate a surrogate value for domestic brokerage expenses. The Department averaged the December 2003-November 2004 data contained in Essar Steel's February 28, 2005 public version response submitted in the antidumping duty administrative review of hot-rolled carbon steel flat products from India. 20 These data were averaged with the February 2004-January 2005 data contained in Agro Dutch Industries Limited's (“Agro Dutch”) May 24, 2005, public version response submitted in the administrative review of the antidumping duty order on certain preserved mushrooms from India. 21 The brokerage-expense data reported by Essar Steel and Agro Dutch in the public versions of their respective responses are ranged data. The Department first derived an average per-unit amount from each data source. We then separately adjusted each average rate for inflation. Finally, we averaged the two per-unit amounts to derive an overall average rate for the POR. *See* Surrogate Value Memorandum at 9 and Attachment XXII. 20 *See Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Preliminary Results of Antidumping Duty Administrative Review* , 71 FR 2018 (January 12, 2006). 21 *See Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review* , 70 FR 37757 (June 30, 2005); and *Notice of Preliminary Determination of Sales at Less Than Fair Value, Affirmative Critical Circumstances, In Part, and Postponement of Final Determination: Certain Lined Paper Products from the People's Republic of China* , 71 FR 19695, 19704 (April 17, 2006) (which utilized these same data and was unchanged for the final determination). To value truck freight, we used the freight rates published by Indian Freight Exchange, available at http://www.infreight.com. The truck freight rates are contemporaneous with the POR; therefore, we made no adjustments for inflation. Jiheng Chemical reported that its U.S. customer(s) provided it with certain raw materials and packing materials free of charge. For Jiheng Chemical's products that contained inputs provided free of charge by its customer, 22 consistent with the Department's practice, we added to the U.S. price paid by the Jiheng Chemical's customer the built-up cost ( *i.e.* , the surrogate value for these raw materials and packing materials multiplied by the reported FOPs for these items). 23 22 Jiheng Chemical stated that its customer sourced materials from both market-economy and non-market-economy suppliers. Jiheng Chemical further stated that it does not know the names of the market-economy suppliers. See Jiheng Chemical's October 11, 2006 section D response at D-6 - D-7. 23 *See e.g., 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), and the accompanying Issues and Decision Memorandum at Comment 17. Normal Value Section 773(c)(1) of the Act provides that, in the case of an NME, the Department shall determine NV using an FOP methodology if the merchandise is exported from an NME and the information does not permit the calculation of NV using home-market prices, third-country prices, or constructed value under section 773(a) of the Act. The Department will base NV on FOP because the presence of government controls on various aspects of these economies renders price comparisons and the calculation of production costs invalid under our normal methodologies. Therefore, we calculated NV based on FOP in accordance with sections 773(c)(3) and
(4)of the Act and 19 CFR 351.408(c). The FOPs include:
(1)hours of labor required;
(2)quantities of raw materials employed;
(3)amounts of energy and other utilities consumed; and
(4)representative capital costs. We used the FOPs reported by respondents for materials, energy, labor, by-products, and packing. In accordance with 19 CFR 351.408(c)(1), the Department will normally use publicly available information to value the FOPs, but when a producer sources an input from a market-economy country and pays for it in market-economy currency, the Department may value the factor using the actual price paid for the input. 24 Jiheng Chemical reported that it did not purchase any inputs from market economy suppliers for the production of the subject merchandise. *See* Jiheng Chemical's DQR at D-8. 24 *See* 19 CFR 351.408(c)(1); *see also, Lasko Metal Products v. United States* , 43 F.3d 1442, 1445-1446 (Fed. Cir. 1994) (affirming the Department's use of market-based prices to value certain FOPs). With regard to both the Indian import-based surrogate values and the market-economy input values, we have disregarded prices that we have reason to believe or suspect may be subsidized. We have reason to believe or suspect that prices of inputs from India, Indonesia, South Korea, and Thailand may have been subsidized. We have found in other proceedings that these countries maintain broadly available, non-industry-specific export subsidies and, therefore, it is reasonable to infer that all exports to all markets from these countries may be subsidized. 25 We are also guided by the statute's legislative history that explains that it is not necessary to conduct a formal investigation to ensure that such prices are not subsidized. *See* H.R. Rep. 100-576 at 590 (1988). Rather, the Department was instructed by Congress to base its decision on information that is available to it at the time it is making its determination. Therefore, we have not used prices from these countries in calculating the Indian import-based surrogate values. 25 *See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Notice of Preliminary Results and Preliminary Partial Rescission of Antidumping Duty Administrative Review* , 70 FR 54007, 54011 (September 13, 2005) (unchanged in the final results); *Automotive Replacement Glass Windshields From the People's Republic of China: Final Results of Administrative Review* , 69 FR 61790 (October 21, 2004) and accompanying Issues and Decision Memorandum at Comment 5; and *China National Machinery Import & Export Corporation v. United States* , 293 F. Supp. 2d 1334 (CIT 2003), as affirmed by the Federal Circuit, 104 Fed. Appx. 183 (Fed. Cir. 2004). Factor Valuations In accordance with section 773(c) of the Act, we calculated NV based on the FOPs reported by Jiheng Chemical for the POR. To calculate NV, we multiplied the reported per-unit factor quantities by publicly available Indian surrogate values (except as noted below). In selecting the surrogate values, we considered the quality, specificity, and contemporaneity of the data. As appropriate, we adjusted input prices by including freight costs to render them delivered prices. Specifically, we added to Indian import surrogate values a surrogate freight cost using the shorter of the reported distance from the domestic supplier to the factory or the distance from the nearest seaport to the factory. This adjustment is in accordance with the decision of the Federal Circuit in *Sigma Corp. v. United States* , 117 F. 3d 1401, 1408 (Fed. Cir. 1997). For a detailed description of all surrogate values used for Jiheng Chemical, see the Surrogate Value Memorandum. Except as noted below, we valued raw material inputs using the weighted-average unit import values derived from the Monthly Statistics of the Foreign Trade of India, as published by the Directorate General of Commercial Intelligence and Statistics of the Ministry of Commerce and Industry, Government of India in the World Trade Atlas, available at http://www.gtis.com/wta.htm (“WTA”). Where we could not obtain publicly available information contemporaneous with the POR with which to value FOPs, we adjusted the SVs using, where appropriate, the Indian Wholesale Price Index (“WPI”) as published in the International Financial Statistics of the International Monetary Fund. *See* Surrogate Value Memorandum at 2 and Attachments II and III. We further adjusted these prices to account for freight costs incurred between the supplier and respondent. We used the freight rates published by Indian Freight Exchange available at http://www.infreight.com, to value truck freight. *See* the Surrogate Value Memorandum at 9 and Attachment XX. The truck and rail freight rates are contemporaneous with the POR. Therefore, we made no adjustments for inflation. For a complete description of the factor values we used, see the Surrogate Value Memorandum. We valued hydrochloric acid, barium chloride and sulfuric acid using *Chemical Weekly* because we did not have reliable Indian import statistics in the WTA for these factors. We adjusted these values for taxes and to account for freight costs incurred between the supplier and Jiheng Chemical. Jiheng Chemical reported that its U.S. customer(s) provided certain raw materials and packing materials free of charge. For Jiheng Chemical's products that included raw materials and packing materials provided free of charge by its customer, consistent with the Department's practice, we used the built-up cost ( *i.e.* , the surrogate value for these raw materials and packing materials multiplied by the reported FOPs for these items) in the NV calculation. 26 Where applicable, we also adjusted these values to account for freight costs incurred between the port of exit and Jiheng Chemical's plants. *See* Surrogate Value Memorandum at 9, and Jiheng Chemical Preliminary Analysis Memorandum. 26 *See e.g., 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), and the accompanying Issues and Decision Memorandum at Comment 17. To value electricity, we used the 2000 electricity price data from International Energy Agency, Energy Prices and Taxes - Quarterly Statistics (First Quarter 2003), adjusted for inflation. *See* Surrogate Value Memorandum at 7 and Attachment XVI. To value water, we used the revised Maharashtra Industrial Development Corporation (“MIDC”) water rates for June 1, 2003 for the Mumbai region, available at http://www.midcindia.com/water-supply, adjusted for inflation. *See* Surrogate Value Memorandum at 4 - 5 and Attachment XI. For direct labor, indirect labor and packing labor, consistent with 19 CFR 351.408(c)(3), we used the PRC regression-based wage rate as reported on Import Administration's web site. 27 Because this regression-based wage rate does not separate the labor rates into different skill levels or types of labor, we have applied the same wage rate to all skill levels and types of labor reported by each respondent. *See* Surrogate Value Memorandum at 8. 27 *See* Expected Wages of Selected NME Countries (revised November 2005) (available at http://ia.ita.doc.gov/wages). The source of these wage rate data on the Import Administration's web site is the *Yearbook of Labour Statistics 2003* , ILO, (Geneva: 2003), Chapter 5B: Wages in Manufacturing. The years of the reported wage rates range from 1998 to 2003. For factory overhead, selling, general, and administrative expenses (“SG&A”), and profit values, we used information from Kanoria Chemicals and Industries Limited, and DCM Sriram Consolidated Ltd. for the year ending March 31, 2006. From this information, we were able to determine factory overhead as a percentage of the total raw materials, labor and energy (“ML&E”) costs; SG&A as a percentage of ML&E plus overhead ( *i.e.* , cost of manufacture); and the profit rate as a percentage of the cost of manufacture plus SG&A. *See* Surrogate Value Memorandum at 8-9 and Attachment XIX for a full discussion of the calculation of these ratios. For packing materials, we used the per-kilogram values obtained from the WTA and made adjustments to account for freight costs incurred between the PRC supplier and Jiheng Chemical's plant. *See* Surrogate Value Memorandum at Attachment VI. Currency Conversion We made currency conversions into U.S. dollars, in accordance with section 773A(a) of the Act, based on the exchange rates in effect on the dates of the U.S. sales, as certified by the Federal Reserve Bank. Preliminary Results of Review We preliminarily determine that the following weighted-average dumping margin exists: Manufacturer/Exporter Margin (Percent) Jiheng Chemical 6.75 Disclosure We will disclose the calculations used in our analysis to parties to this proceeding within five days of the publication date of this notice. *See* 19 CFR 351.224(b). Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments within 30 days of the date of publication of this notice. *See* 19 CFR 351.309(c)(ii). Any interested party may request a hearing within 30 days of publication of this notice. See 19 CFR 351.310(c). Any hearing, if requested, will be held 42 days after the date of publication of this notice. *See* 19 CFR 351.310(d). Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than 35 days after the date of publication. *See* 19 CFR 351.309(d). The Department requests that parties submitting written comments also provide the Department with an additional copy of those comments on diskette. The Department will issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of the final results of this administrative review. If these preliminary results are adopted in our final results of review, we will direct CBP to assess the resulting per-unit value or *ad valorum* rate against the entered customs value for the subject merchandise on each importer's/customer's entries during the POR. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act:
(1)for Jiheng Chemical, which has a separate rate, the cash deposit rate will be the company-specific rate established in the final results of review (except, if the rate is zero or *de minimis* , no cash deposit will be required);
(2)for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period;
(3)for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 285.63 percent; and
(4)for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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. This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 2, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7-13801 Filed 7-16-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-201-805] Notice of Rescission of Antidumping Duty New Shipper Review: Certain Circular Welded Non-Alloy Steel Pipe from Mexico AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 20, 2007, the Department of Commerce (“the Department”) published the preliminary intent to rescind the antidumping duty new shipper review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. *See Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico: Preliminary Intent to Rescind Antidumping Duty New Shipper Review* , 72 FR 19880 (April 20, 2007) ( *Intent to Rescind* ). This new shipper review covers Conduit S.A. de C.V. (“Conduit”), a manufacturer and exporter of the subject merchandise. The period of review (“POR”) is November 1, 2005, through April 30, 2006. We did not receive any comments from parties, and are rescinding this new shipper review. EFFECTIVE DATE: July 17, 2007. FOR FURTHER INFORMATION CONTACT: John Drury or Patrick Edwards, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, telephone
(202)482-0195 or
(202)482-8029, respectively. SUPPLEMENTARY INFORMATION: Background On November 2, 1992, the Department published the antidumping duty order on circular welded non-alloy steel pipe from Mexico. *See Notice of Antidumping Duty Order: Certain Circular Welded non-Alloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy Steel Pipe from Korea* , 57 FR 49453 (November 2, 1992). On May 26, 2006, we received a request for a new shipper review from Conduit for the period November 1, 2005, through April 30, 2006. We initiated the review on July 10, 2006. *See Circular Welded Non-Alloy Steel Pipe and Tube from Mexico: Initiation of New Shipper Antidumping Duty Review* , 71 FR 38851 (July 10, 2006). On April 20, 2007, the Department published in the **Federal Register** its preliminary intent to rescind the antidumping duty new shipper review of certain circular welded non-alloy steel pipe from Mexico for the period November 1, 2005, through April 30, 2006. *See Intent to Rescind* . No party commented on our preliminary intent to rescind the new shipper review for Conduit. Scope of the Order The merchandise under review is circular welded non-alloy steel pipes and tubes, of circular cross-section, not more than 406.4 millimeters (16 inches) in outside diameter, regardless of wall thickness, surface finish (black, galvanized, or painted), or end finish (plain end, beveled end, threaded, or threaded and coupled). These pipes and tubes are generally known as standard pipes and tubes and are intended for the low-pressure conveyance of water, steam, natural gas, and other liquids and gases in plumbing and heating systems, air conditioning units, automatic sprinkler systems, and other related uses, and generally meet ASTM A-53 specifications. Standard pipe may also be used for light load-bearing applications, such as for fence tubing, and as structural pipe tubing used for framing and support members for reconstruction or load-bearing purposes in the construction, shipbuilding, trucking, farm equipment, and related industries. Unfinished conduit pipe is also included in these orders. All carbon steel pipes and tubes within the physical description outlined above are included within the scope of these orders, except line pipe, oil country tubular goods, boiler tubing, mechanical tubing, pipe and tube hollows for redraws, finished scaffolding, and finished conduit. Standard pipe that is dual or triple certified/stenciled that enters the U.S. as line pipe of a kind used for oil or gas pipelines is also not included in these orders. Imports of the products covered by these orders are currently classifiable under the following Harmonized Tariff Schedule
(HTS)subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of these proceedings is dispositive. Rescission of Review The Department may rescind a new shipper review with respect to an exporter or producer if the Department concludes that there were no entries, exports, or sales of the subject merchandise to the United States during the period of review. *See* 19 CFR § 351.214(f)(2). The Department has previously detailed its findings at verification with respect to the merchandise sold by Conduit subject to this new shipper review. *See Intent to Rescind* at 19881. As noted above, the Department received no comments from interested parties. Therefore, based on the findings at verification, the Department determines that the merchandise sold by Conduit, and subject to this new shipper review, is not within the scope of the order of certain circular welded non-alloy steel pipe from Mexico. As a result, the Department is rescinding this new shipper review. Notification The Department will notify U.S. Customs and Border Protection that bonding is no longer permitted to fulfill security requirements for shipments by Conduit of certain circular welded non-alloy steel pipe from Mexico entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the **Federal Register** , and that a cash deposit of 32.62 percent *ad valorem* should be collected for any entries exported by Conduit. This notice also serves as the only 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 § 351.305(a)(3). Timely written notification of the return/destruction of APO material or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanctions. This notice is issued and published in accordance with sections 751(a)(2) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: July 10, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7-13834 Filed 7-16-02; 8:45 am] Billing Code: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-428-830 Stainless Steel Bar from Germany: Final Results of New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: This new shipper review covers stainless steel bar from Germany manufactured by Schmiedewerke Groditz GmbH (“SWG”). The Department of Commerce (“the Department”) published the preliminary results of this new shipper review on March 19, 2007. *See Stainless Steel Bar from Germany: Preliminary Results of New Shipper Review* , 72 FR 12765 (March 19, 2007) (“ *Preliminary Results* ”). Based on our analysis of the comments received, these final results do not differ from the *Preliminary Results* . EFFECTIVE DATE: July 17, 2007. FOR FURTHER INFORMATION CONTACT: Damian Felton, Audrey R. Twyman, or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone
(202)482-0133,
(202)482-3534, or
(202)482-0182, respectively. SUPPLEMENTARY INFORMATION: Background On March 19, 2007, the Department published its *Preliminary Results* of this antidumping duty new shipper review of stainless steel bar from Germany. The Department conducted a verification of SWG's response from April 16 through 18, 2007, and issued the report on the verification findings for SWG on May 18, 2007. In response to the Department's invitation to comment on the *Preliminary Results* , petitioners 1 submitted their case brief on May 29, 2007, and SWG submitted its rebuttal brief on June 1, 2007. 1 The petitioners are Carpenter Technology Corporation, Valbruna Slater Stainless, Inc., and Electralloy Corporation (collectively, “petitioners”). Period of Review The period of review (“POR”) covers March 1, 2005, through February 28, 2006. Scope of the Order For the purposes of this order, the term “stainless steel bar” includes articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. Stainless steel bar (“SSB”) includes cold-finished stainless steel bars that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut length flat-rolled products ( *i.e.* , cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), products that have been cut from stainless steel sheet, strip or plate, wire ( *i.e.* , cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. The SSB subject to this order is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the *Harmonized Tariff Schedule of the United States* (“HTSUS”). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this new shipper review are addressed in the Issues and Decision Memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration (“Decision Memorandum”). A list of issues addressed in the Decision Memorandum is appended to this notice. The Decision Memorandum is on file in the Central Records Unit in Room B-099 of the main Commerce building, and can also be accessed directly on the Web at *http://ia.ita.doc.gov/frn/index.html* . The paper copy and electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have made no changes to our *Preliminary Results* . Final Results of Review As a result of our review, we determine that the following weighted-average margin exists for SWG for the period of March 1, 2005, through February 28, 2006: Producer Weighted-Average Margin (Percentage) Schmiedewerke Groditz GmbH 0.00 Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), for the U.S. sale made by the respondent for which it has reported the importer of record and entered value, we have calculated an importer-specific assessment rate based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the U.S. sale. The Department clarified its “automatic assessment” regulation on May 6, 2003 (68 FR 23954). This clarification will apply to entries of subject merchandise during the period of review produced by reviewed companies for which these companies did not know their merchandise 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 intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). The Department will issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these final results of the new shipper review. Cash Deposit Requirements The following cash deposit rate will be effective upon publication of the final results of this new shipper review for shipments of stainless steel bar from Germany entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (“the Act”). For subject merchandise produced and exported by SWG, the cash deposit rate will be the rate established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis, the cash deposit rate will be zero. This cash deposit requirement, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties. 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. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 10, 2007. David M. Spooner, Assistant Secretary for Import Administration. Appendix I. *Bona Fide* Nature of U.S. Sale Comment 1: Quantity, Pricing and Terms of Sale Differences Comment 2: Principal/Agent Relationship Comment 3: Mill Certificates Comment 4: Communication with U.S. Customer II. Home Market Date of Sale Comment 5: Home Market Date of Sale [FR Doc. E7-13803 Filed 7-16-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Virginia Polytechnic Institute and State University, et al., Notice of Consolidated Decision on Applications, for Duty-Free Entry of Electron Microscopes This is a decision consolidated 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). Related records can be viewed between 8:30 A.M. and 5:00 P.M. in Room 2104, U.S. Department of Commerce, 14th and Constitution Avenue.,NW, Washington, D.C. *Docket Number: 07-026* . Applicant: Virginia Polytechnic Institute and State University, Blacksburg, VA. Instrument: Electron Microscope, Model Helios 600 Nanolab. Manufacturer: FEI Company, The Netherlands. Intended Use: See notice at 72 FR 31287, June 6, 2007. *Docket Number: 07-032* . Applicant: University of Missouri-Columbia, Columbia, MO. Instrument: Electron Microscope, Model Quanta 600 FEG. Manufacturer: FEI Company, Czech Republic. Intended Use: See notice at 72 FR 31287, June 6, 2007. Comments: None received. Decision: Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as these instruments are intended to be used, was being manufactured in the United States at the time the instruments were ordered. Reasons: Each foreign instrument is an electron microscope and is intended for research or scientific educational uses requiring an electron microscope. We know of no electron microscope, or any other instrument suited to these purposes, which was being manufactured in the United States at the time of order of each instrument. Dated: July 11, 2007. Faye Robinson, Director, Statutory Import Programs Staff,Import Administration. [FR Doc. E7-13806 Filed 7-16-07; 8:45 am] Billing Code: 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration ENVIRONMENTAL PROTECTION AGENCY Coastal Nonpoint Pollution Control Program: Approval Decision on Guan Coastal Nonpoint Pollution Control Program AGENCY: National Oceanic and Atmospheric Administration, U.S. Department of Commerce, and the U.S. Environmental Protection Agency. ACTION: Notice of Intent to Approve the Guam Coastal Nonpoint Program. SUMMARY: Notice is hereby given of the intent to fully approve the Guam Coastal Nonpoint Pollution Control Program (coastal nonpoint program) and of the availability of the draft Approval Decisions on conditions for the Guam coastal nonpoint program. Section 6217 of the Coastal Zone Act Reauthorization Amendments (CZARA), 16 U.S.C. section 1455b, requires States and Territories with coastal zone management programs that have received approval under section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs. Coastal States and Territories were required to submit their coastal nonpoint programs to the National Oceanic and Atmospheric Administration
(NOAA)and the U.S. Environmental Protection Agency
(EPA)for approval in July 1995. NOAA and EPA conditionally approved the Guan coastal nonpoint program on October 3, 1997. NOAA and EPA have drafted approval decisions describing how Guam has satisfied the conditions placed on its program and therefore has a fully approved coastal nonpoint program. NOAA and EPA are making the draft decisions for the Guam coastal nonpoint program available for a 30-day public comment period. If comments are received, NOAA and EPA will consider whether such comments are significant enough to affect the decision to fully approve the program. Copies of the draft Approval Decisions can be found on the NOAA Web site at *http://coastalmanagement.noaa.gov/czm/6217/findings.html* or be obtained upon request from: Allison Castellan, Coastal Programs Division (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland 20910, phone
(301)713-3155, x125, e-mail *Allison.Castellan@noaa.gov.* DATES: Individuals or organizations wishing to submit comments on the draft Approval Decisions should do so by August 16, 2007. ADDRESSES: Comments should be made to: John King, Chief, Coastal Programs Division (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland 20910, phone
(301)713-3155, x188, e-mail *John.King@noaa.gov.* FOR FURTHER INFORMATION CONTACT: Allison Castellan, Coastal Programs Division, (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland 20910, phone
(301)713-3155, x125, e-mail *Allison.Castellan@noaa.gov.* (Federal Domestic Assistance Catalog 11.419 Coastal Zone Management Program Administration) Dated: July 5, 2007. John H. Dunnigan, Assistant Administrator for Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration. Benjamin H. Grumbles, Assistant Administrator, Office of Water, Environmental Protection Agency. [FR Doc. 07-3465 Filed 7-16-07; 8:45 am]
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Traces to 19 documents
U.S. Code
- Purposes§ 3501
- Definitions§ 3502
- Loans to provide occupant owned, rental, and cooperative housing for low and moderate income, elderly or handicapped persons or families§ 1490a
- “Rural” and “rural area” defined§ 1490
- Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin§ 2000d
- Protecting coastal waters§ 1455b
CFR
- Administrative review of orders and suspension agreements under section 751(a)(1) of the Act.§ 351.213
- Time limits for submission of factual information.§ 351.301
- Calculation of normal value of merchandise from nonmarket economy countries.§ 351.408
- Disclosure of calculations and procedures for the correction of ministerial errors.§ 351.224
- Written argument.§ 351.309
- Hearings.§ 351.310
- Calculation of export price and constructed export price; reimbursement of antidumping and countervailing duties.§ 351.402
- New shipper reviews under section 751(a)(2)(B) of the Act; expedited reviews in countervailing duty proceedings.§ 351.214
- Access to business proprietary information.§ 351.305
- Assessment of antidumping and countervailing duties; provisional measures deposit cap; interest on certain overpayments and underpayments.§ 351.212
statutes-at-large
21 references not yet in our index
- Pub. L. 108-199
- 7 CFR 3560.53
- 7 CFR 3015.56
- 7 CFR 1924
- 7 CFR 1924.13
- 41 CFR 60
- 7 CFR 1940
- 7 CFR 1806
- 7 CFR 3015
- 7 CFR 3052
- 7 CFR 3560
- 7 CFR 3015.205(b)
- 19 USC 81a-81u
- 15 CFR 400
- 19 CFR 351
- 43 F.3d 1442
- 293 F. Supp. 2d 1334
- 117 F.3d 1401
- Pub. L. 89-651
- Pub. L. 106-36
- 15 CFR 301
Citation graph
cites case law
Notices
Notice
F. App'x43 F.3d 1442
F. Supp.293 F. Supp. 2d 1334
F. App'x117 F.3d 1401
Cites 40 · showing 12Cited by 0 across 0 sources