[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 18958-18960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07251]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893: A-570-900]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China and Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Notice of Implementation of Determinations Under 
Section 129 of the Uruguay Round Agreements Act and Partial Revocation 
of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 22, 2013, the U.S. Trade Representative (``USTR'') 
instructed the Department of Commerce (``Department'') to implement its 
determinations under section 129 of the Uruguay Round Agreements Act 
(``URAA'') regarding the antidumping investigations of certain frozen 
warmwater shrimp (``shrimp'') from the People's Republic of China 
(`PRC'') and diamond sawblades and parts thereof (``sawblades'') from 
the PRC. The Department issued its final determinations on March 4, 
2013, regarding the offsetting of dumped comparisons with non-dumped 
comparisons when making average-to-average comparisons of export price 
and normal value in the investigation challenged by the PRC before the 
World Trade Organization (``WTO'') in United States--Anti-Dumping 
Measures on Certain Shrimp and Diamond Saw Blades from China (DS422). 
The Department is now implementing these determinations.

DATES: The effective date of this determination is March 22, 2013.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik (shrimp) and Matthew 
Renkey (sawblades), AD/CVD Operations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-6905 and (202) 482-2312, respectively.

SUPPLEMENTARY INFORMATION:

Background

    At the written request of USTR, the Department informed interested 
parties on September 5, 2012, that it was initiating proceedings under 
section 129 of the URAA to implement the findings of the WTO dispute 
settlement panel in United States--Anti-Dumping Measures on Certain 
Shrimp and Diamond Saw blades from China (DS422) (``Panel Report''). On 
December 7, 2012, the Department issued the memorandum entitled 
``Preliminary Results Under Section 129 of the Uruguay Round Agreements 
Act: Antidumping Measures on Certain Frozen and Canned Warmwater Shrimp 
from the People's Republic of China,'' dated December 7, 2012 
(``Preliminary Shrimp 129 Determination''), in which the Department 
recalculated the weighted-average dumping margins from the antidumping 
investigation of shrimp from the PRC \1\ by applying the calculation 
methodology described in Antidumping Proceedings: Calculation of the 
Weighted-Average Dumping Margin During an Antidumping Investigation; 
Final Modification, 71 FR 77722 (December 27, 2006) (``Final 
Modification for Investigations'').
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Frozen and Canned Warmwater Shrimp From the People's 
Republic of China, 69 FR 70997 (December 8, 2004) (``PRC Shrimp 
Final Determination''). See also Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Certain Frozen Warmwater Shrimp From the People's Republic of 
China, 70 FR 5149 (February 1, 2005) (``PRC Shrimp Amended Final'' 
or ``PRC Shrimp Order''). On January 21, 2005, the ITC notified the 
Department of its final determination that two domestic like 
products exist for the merchandise covered by the Department's 
investigation: (i) Certain non-canned warmwater shrimp and prawns, 
and (ii) canned warmwater shrimp and prawns. The ITC determined that 
there is no injury regarding imports of canned warmwater shrimp and 
prawns from the PRC. Therefore, canned warmwater shrimp and prawns 
is not covered by the PRC Shrimp Order.
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    On December 17, 2012, the Department issued the memorandum entitled 
``Preliminary Results under Section 129 of the Uruguay Round Agreements 
Act: Antidumping Measures on Diamond Sawblades and Parts Thereof from 
the People's Republic of China,'' dated December 17, 2012 
(``Preliminary Sawblades 129 Determination''), in which the Department 
recalculated one of the weighted-average dumping margins from the 
antidumping investigation of sawblades from the PRC \2\ by applying the 
calculation methodology described in Final Modification for 
Investigations.
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    \2\ See Final Determination of Sales at Less than Fair Value and 
Final Partial Affirmative Determination of Critical Circumstances: 
Diamond Sawblades and Parts Thereof from the People's Republic of 
China, 71 FR 29303 (May 22, 2006). See also Notice of Amended Final 
Determination of Sales at Less Than Fair Value: Diamond Sawblades 
and Parts Thereof from the People's Republic of China, 71 FR 35864 
(June 22, 2006); Diamond Sawblades and Parts Thereof from the 
People's Republic of China and the Republic of Korea: Antidumping 
Duty Orders, 74 FR 57145 (November 4, 2009) (``Sawblades Order'').
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    The Department invited interested parties for both shrimp and 
sawblades to comment on the respective preliminary recalculations. 
After receiving comments and rebuttal comments from the interested 
parties in both cases, the Department issued its final section 129 
determinations on March 4, 2013.\3\
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    \3\ See Memoranda from Christian Marsh to Paul Piquado, ``Final 
Results of the Proceeding under Section 129 of the Uruguay Round 
Agreements Act: Antidumping Measures on Certain Frozen and Canned 
Warmwater Shrimp from the People's Republic of China,'' dated March 
4, 2013 (``Shrimp Final 129 Determination Memo''), and ``Final 
Results of the Proceeding under Section 129 of the Uruguay Round 
Agreements Act: Antidumping Measures on Diamond Sawblades and Parts 
Thereof from the People's Republic of China,'' dated March 4, 2013 
(``Sawblades Final 129 Determination Memo'').
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    In a March 22, 2013, letter, USTR notified the Department that, 
consistent with section 129(b)(3) of the URAA, consultations with the 
Department and the appropriate congressional committees with respect to 
the March 4, 2013, determinations have been completed. On March 22, 
2013, in accordance with section 129(b)(4) of the URAA, USTR directed 
the Department to implement these determinations.

Nature of the Proceeding

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) of the URAA provides that, ``notwithstanding any provision of 
the Tariff Act of 1930,'' within 180 days of a written request from the 
USTR, the Department shall issue a determination that would render its 
actions not inconsistent with an adverse finding of a WTO panel or the 
Appellate Body report. The Statement of Administrative Action, URAA, H. 
Doc. 316, Vol. 1, 103d Cong. (1994) (``SAA''), variously refers to such 
a determination by the Department as a ``new,'' ``second,'' and 
``different'' determination.\4\ After consulting with

[[Page 18959]]

the Department and the appropriate congressional committees, the USTR 
may direct the Department to implement, in whole or in part, the new 
determinations made under section 129 of the URAA.\5\ Pursuant to 
section 129(c) of the URAA, the new determinations shall apply with 
respect to unliquidated entries of the subject merchandise that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date on which the USTR directs the Department to implement the new 
determinations.\6\ The new determinations are subject to judicial 
review separate and apart from judicial review of the Department's 
original determination.\7\
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    \4\ See Statement of Administrative Action accompanying the 
URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) (``SAA'') at 1025, 
1027.
    \5\ See 19 U.S.C. 3538(b)(4).
    \6\ See 19 U.S.C. 3538(c).
    \7\ See 19 U.S.C. 1516a(a)(2)(B)(vii).
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Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
interested parties in both the shrimp and sawblades proceedings are 
addressed in their respective final determinations,\8\ which are hereby 
adopted by this notice. A list of the issues, which the parties raised 
and we addressed in both the Shrimp Final 129 Determination Memo and 
the Sawblades Final 129 Determination Memo, is attached to this notice 
as Appendix I. Both the Shrimp Final 129 Determination Memo and the 
Sawblades Final 129 Determination Memo are public documents and are on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). Access to IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of both memoranda can be 
accessed directly on the Internet at http://www.trade.gov/ia/. The 
signed Shrimp Final 129 Determination Memo and the Sawblades Final 129 
Determination Memo and the respective electronic versions of these 
memoranda are identical in content.
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    \8\ See Shrimp Final 129 Determination Memo and Sawblades Final 
129 Determination Memo.
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Final Antidumping Duty Margins

    The recalculated margins for shrimp, unchanged from the Preliminary 
Shrimp 129 Determination, are: 
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    \9\ The 39 Separate Rate Companies are: Asian Seafoods 
(Zhanjiang) Co., Ltd.; Beihai Zhengwu Industry Co., Ltd.; Chaoyang 
Qiaofeng Group Co., Ltd., aka (Shantou Qiaofeng (Group) Co., Ltd.), 
aka (Shantou/Chaoyang Qiaofeng); Chenghai Nichi Lan Food Co., Ltd.; 
Dalian Ftz Sea-Rich International Trading Co., Ltd.; Dongri Aquatic 
Products Freezing Plants; Fuqing Dongwei Aquatic Products Industry 
Co., Ltd.; Gallant Ocean (Liangjiang) Co., Ltd.; Hainan Fruit 
Vegetable Food Allocation Co., Ltd.; Hainan Golden Spring Foods Co., 
Ltd./Hainan Brich Aquatic Products Co., Ltd.; Jinfu Trading Co., 
Ltd.; Kaifeng Ocean Sky Industry Co., Ltd.; Leizhou Zhulian Frozen 
Food Co., Ltd.; Pingyang Xinye Aquatic Products Co., Ltd.; Savvy 
Seafood Inc.; Shanghai Taoen International Trading Co., Ltd.; 
Shantou Wanya Food Factory Co., Ltd.; Shantou Jinyuan District 
Mingfeng Quick-Frozen Factory; Shantou Long Feng Foodstuffs Co., 
Ltd. (Shantou Longfeng Foodstuffs Co., Ltd.); Shantou Ocean Freezing 
Industry and Trade General Corporation; Shantou Shengping Oceanstar 
Business Co., Ltd.; Shantou Yuexing Enterprise Company; Shantou 
Ruiyuan Industry Co., Ltd.; Shantou Freezing Aquatic Product Food 
Stuffs Co.; Shantou Jinhang Aquatic Industry Co., Ltd.; Xuwen 
Hailang Breeding Co., Ltd.; Yantai Wei-Cheng Food Co., Ltd.; 
Zhangjiang Bobogo Ocean Co., Ltd.; Zhangjiang Newpro Food Co., Ltd.; 
Zhanjiang Go-Harvest Aquatic Products Co., Ltd.; Zhanjiang Runhai 
Foods Co., Ltd.; Zhanjiang Evergreen Aquatic Product Science and 
Technology Co., Ltd.; Zhanjiang Universal Seafood Corp.; Zhejiang 
Cereals, Oils & Foodstuff Import & Export Co., Ltd.; Zhoushan Xifeng 
Aquatic Co., Ltd.; Zhoushan Huading Seafood Co., Ltd.; Zhoushan 
Cereals, Oils and Foodstuffs Import and Export Co., Ltd.; Zhoushan 
Lizhou Fishery Co., Ltd.; and Zhoushan Diciyuan Aquatic Products 
Co., Ltd.

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                                                            Section 129
                  Manufacturer/exporter                       results
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Allied Pacific Group....................................           0.00%
Yelin Enterprise Co. Hong Kong..........................           0.00%
Shantou Red Garden Foodstuff Co., Ltd...................           0.00%
Separate Rate Companies \9\.............................          22.58%
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    The recalculated margin for sawblades, unchanged from the 
Preliminary Sawblades 129 Determination, is: 
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    \10\ Collectively with Beijing Gang Yan Diamond Product Company 
(``BGY'') and Yichang HXF Circular Saw Industrial Co., Ltd 
(``HXF''), a single entity.

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                                                            Section 129
                  Manufacturer/exporter                       results
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Advanced Technology & Materials Co., Ltd. (``AT&M'')               0.00%
 \10\...................................................
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Partial Revocation of the Antidumping Duty Order for Certain Frozen 
Warmwater Shrimp From the PRC

    Because the Department has recalculated dumping margins of zero 
percent for Allied, Red Garden, and Yelin, the Department is revoking 
the PRC Shrimp Order with respect to Allied, Red Garden, and Yelin 
\11\, for entries made on or after March 22, 2013. The Department's 
practice, at the time of the underlying investigation, with respect to 
revocation or exclusions of companies from an antidumping duty order 
was to exclude companies in specific manufacturer-exporter 
combinations.\12\ Accordingly, the Department will instruct CBP to 
liquidate without regard to antidumping duties, specific manufacturer-
exporter combinations for Allied's \13\, Red Garden's \14\, and Yelin's 
\15\ entries of certain frozen warmwater shrimp which were entered, or 
withdrawn from warehouse, for consumption on or after March 22, 2013, 
and to discontinue the collection of cash deposits for estimated 
antidumping duties for the specified manufacturer-exporter combinations 
for Allied, Red Garden, and Yelin.
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    \11\ The Department is not revoking the PRC Shrimp Order with 
respect to Hilltop International as part of this implementation. See 
Shrimp Final 129 Determination Memo at Comment 1.
    \12\ See, e.g., Brake Rotors From the People's Republic of 
China: Final Results and Partial Rescission of the Fifth Antidumping 
Duty Administrative Review and Final Results of the Seventh New 
Shipper Review, 68 FR 25861 (May 14, 2003) and accompanying Issues 
and Decision Memorandum at Comment 1. See also Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Frozen and 
Canned Warmwater Shrimp From the People's Republic of China, 69 FR 
70997, 71004 (December 8, 2004), where the Department stated that 
``the Department does not require any cash deposit or posting of a 
bond for Zhanjiang Guolian when the subject merchandise is produced 
and exported by Zhanjiang Guolian.'' Subsequently, in the PRC Shrimp 
Order, we stated that ``pursuant to 735(c)(1)(B) of the Act, we will 
instruct CBP to suspend liquidation of all entries of certain frozen 
warmwater shrimp and prawns from the PRC (except merchandise 
produced and exported by Zhanjiang Guolian because this company has 
a de minimis margin)'' (emphasis added). See PRC Shrimp Order, 70 FR 
at 5152.
    \13\ Revocation for Allied is specific to: merchandise 
manufactured by Allied Pacific Aquatic Products (Zhanjiang) Co., 
Ltd., or Allied Pacific Aquatic Products (Zhongshan) Co., Ltd., or 
Allied Pacific Food (Dalian) Co., Ltd., and exported by Allied 
Pacific (HK) Co., Ltd., or Allied Pacific Food (Dalian) Co., Ltd.
    \14\ Revocation for Red Garden is specific to: merchandise 
manufactured by Red Garden Food Processing Co., Ltd., or Chaoyang 
Jindu Hengchang Aquatic Products Enterprise Co., Ltd., or Raoping 
County Longfa Seafoods Co., Ltd., or Meizhou Aquatic Products Quick-
Frozen Industry Co., Ltd., or Shantou Jinyuan District Mingfeng 
Quick-Frozen Factory, or Shantou Long Feng Foodstuffs Co., Ltd., and 
exported by Shantou Red Garden Foodstuff Co., Ltd. or Red Garden 
Food Processing Co., Ltd.
    \15\ Revocation for Yelin is specific to: merchandise 
manufactured by Shantou Yelin Frozen Seafood Co., Ltd., or Yangjiang 
City Yelin Hoi Tat Quick Frozen Seafood Co., Ltd., or Fuqing Yihua 
Aquatic Food Co., Ltd., or Shantou Jinyuan District Mingfeng Quick-
Frozen Factory and exported by Yelin Enterprise Co. Hong Kong or 
Shantou Yelin Frozen Seafood Co., Ltd.
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    However, in the PRC Shrimp Amended Final, the Department assigned a 
dumping margin based on section 776 of the Act in the antidumping duty 
investigation to the PRC-Wide Entity. The Department has not 
recalculated this dumping margin because it is not affected by the 
implementation of the Panel Report. This dumping margin was based on 
information contained in the petition and ``zeroing'' was not used to 
calculate

[[Page 18960]]

the dumping margins in the petition.\16\ In addition, the Department 
must determine an appropriate dumping margin for separate rate 
companies not selected for individual examination during the 
investigation. When, as here, the only available rates are zero, de 
minimis, or based upon adverse facts available, the Department looks to 
section 735(c)(5) of the Tariff Act of 1930, as amended (``Act'') for 
guidance, which instructs the Department to use ``any reasonable 
method'' for assigning the rate to non-selected respondents.\17\ The 
Department determines that a reasonable method for determining the 
separate rate for non-selected respondents is a simple average of the 
adverse-facts available dumping margin assigned to the PRC-Wide Entity 
and each of the calculated zero or de minimis dumping margins 
calculated in the original shrimp investigation or as part of the final 
section 129 determination for shrimp for the PRC.\18\ This is 
consistent with our past practice in the 2007 Section 129 
Determinations.\19\ The separate rate margin is now 22.58 percent. 
Consequently, because the PRC-wide entity rate of 112.81 percent and 
the separate rate of 22.58 percent for non-individually examined 
companies are above de minimis, we will not wholly revoke the PRC 
Shrimp Order.
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    \16\ See Notice of Initiation of Antidumping Duty 
Investigations: Certain Frozen and Canned Warmwater Shrimp From 
Brazil, Ecuador, India, Thailand, the People's Republic of China and 
the Socialist Republic of Vietnam, 69 FR 3876, 3880-3881 (January 
27, 2004) (where the Department stated that, ``based on comparisons 
of EP to NV, calculated in accordance with section 773(c) of the 
Act, the estimated recalculated dumping margins for certain frozen 
and canned warmwater shrimp from the PRC range from 112.81 percent 
to 263.68 percent'').
    \17\ See section 735(c)(5)(B) of the Act.
    \18\ See Shrimp Final 129 Determination Memo at 7-8.
    \19\ See Implementation of the Findings of the WTO Panel in 
U.S.--Zeroing (EC): Notice of Determinations Under Section 129 of 
the Uruguay Round Agreements Act and Revocations and Partial 
Revocations of Certain Antidumping Duty Orders, 72 FR 25261, 25262-
63 (May 4, 2007) (``2007 Section 129 Determinations'') where the 
Department calculated a simple average of existing AFA margins with 
above de minimis/zero margins as an All-Others rate following 
section 129 recalculations for the mandatory respondents that 
resulted in zero or de minimis rates.
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    The Department will instruct CBP to continue to collect cash 
deposits for estimated antidumping duties from the separate rate 
companies and from the PRC-wide entity, as the PRC Shrimp Order, in 
whole, will not be revoked. Further, if any separate rate companies are 
subject to the investigation's separate rate cash deposit at the time 
of implementation (i.e., if a separate rate company from the 
investigation has not had the investigation separate rate cash deposit 
superseded by a subsequent review rate) we will instruct CBP to collect 
cash deposits at the new separate rate of 22.58 percent for subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after March 22, 2013, the date on which USTR directed the Department to 
implement this 129 determination. As noted above, the PRC-wide entity 
rate has not changed from the PRC Shrimp Amended Final and Order, and 
continues to be 112.81 percent.

Partial Revocation of the Antidumping Duty Order for Diamond Sawblades 
and Parts Thereof

    Because the Department has recalculated a dumping margin of zero 
percent for AT&M, the Department is revoking the Sawblades Order with 
respect to AT&M, for entries made on or after March 22, 2013.\20\ 
Accordingly, the Department will instruct CBP to liquidate without 
regard to antidumping duties, entries of sawblades manufactured and 
exported by AT&M which were entered, or withdrawn from warehouse, for 
consumption on or after March 22, 2013, and to discontinue the 
collection of cash deposits for estimated antidumping duties for AT&M. 
No other margin for any other entity is affected by this Section 129 
Determination for sawblades and parts thereof from the PRC. We will 
instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from all other exporters or producers, except for 
AT&M, as stated above. We will instruct CBP to continue to require a 
cash deposit equal to the estimated amount by which the normal value 
exceeds the U.S. price.
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    \20\ Pursuant to a Temporary Restraining Order (``TRO'') issued 
by the U.S. Court of International Trade covering sawblades from the 
PRC on March 6, 2013, and continued on March 19, 2013, Commerce and 
CBP are restrained from: (1) Excluding or revoking the AT&M entity 
and/or any of its members (as described in the TRO) from the 
Sawblades Order; (2) ordering the lifting of the suspension of 
liquidation regarding incoming entries produced and/or exported by 
these companies; and (3) making or permitting liquidation of any 
unliquidated entries produced and/or exported by these companies 
that are subject to the final determination of the less-than-fair-
value investigation. Consistent with the final section 129 
determination and recognizing that we cannot exclude or revoke the 
AT&M entity and/or any of its members from the Sawblades Order, 
future entries of such merchandise are subject to suspension of 
liquidation at the cash deposit rate of zero. Subsequent action will 
be consistent with the final court decision.
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    These amended final determinations are issued and published in 
accordance with section 129(c)(2)(A) of the URAA.

    Dated: March 22, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Certain Frozen Warmwater Shrimp

    DISCUSSION OF THE ISSUES:
Comment 1: Whether the Order Should Be Revoked with Respect to Yelin 
and Hilltop
Comment 2: Revocation of the Order with Respect to Red Garden

Diamond Sawblades and Parts Thereof

    DISCUSSION OF THE ISSUES:
Comment 1: Whether the Order Should Be Revoked with Respect to AT&M
Comment 2: Whether We Should Permit Petitioner to Submit a Targeted 
Dumping Allegation
[FR Doc. 2013-07251 Filed 3-27-13; 8:45 am]
BILLING CODE 3510-DS-P