[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12702-12705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05406]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Preliminary Results of Antidumping Duty Administrative Review 
and Partial Rescission of Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting an administrative 
review of the antidumping duty order on certain frozen warmwater shrimp 
from the Socialist Republic of Vietnam (``Vietnam'') for the period of 
review February 1, 2014, through January 31, 2015. The Department 
preliminarily determines that sales by the Minh Phu Group \1\ and 
Stapimex,\2\ the two mandatory respondents, were made below normal 
value (``NV''). Interested parties are invited to comment on these 
preliminary results.\3\
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    \1\ Minh Phu Seafood Corporation, Minh Qui Seafood Co., Ltd., 
Minh Phat Seafood Co., Ltd., and Minh Phu Hau Giang Seafood Joint 
Stock Company (collectively, the ``Minh Phu Group''). The Department 
previously collapsed the companies within the Minh Phu Group in the 
ninth administrative review. See Certain Frozen Warmwater Shrimp 
From the Socialist Republic of Vietnam: Final Results of Antidumping 
Duty Administrative Review, 2013-2014, 80 FR 55328 (September 15, 
2015). There have been no changes since the preceding administrative 
review regarding the corporate or legal structure of the companies 
within the Minh Phu Group. Thus, we continue to find that these 
companies are affiliated and comprise a single entity to which we 
will assign a single rate.
    \2\ Soc Trang Seafood Joint Stock Company (``Stapimex'').
    \3\ Further, as explained in the memorandum from the Acting 
Assistant Secretary for Enforcement & Compliance, the Department has 
exercised its discretion to toll all administrative deadlines due to 
the recent closure of the Federal Government. All deadlines in this 
segment of the proceeding have been extended by four business days. 
The revised deadline for the preliminary results of this review is 
now March 4, 2016. See Memorandum to the Record, from Ron Lorentzen, 
Acting Assistant Secretary for Enforcement and Compliance, ``Tolling 
of Administrative Deadlines as a Result of the Government Closure 
during Snowstorm Jonas,'' dated January 27, 2016.

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DATES: Effective: March 10, 2016.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Robert Palmer, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-6905, or (202) 482-9068, 
respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the Order is certain frozen warmwater 
shrimp. The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. 
Although the HTSUS numbers are provided for convenience and for customs 
purposes, the written product description, available in the Preliminary 
Decision Memorandum, remains dispositive.\4\
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    \4\ For a complete description of the Scope of the Order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, titled ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam; 2014-2015,'' dated concurrently with 
and adopted by this notice (``Preliminary Decision Memorandum'').
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). 
Constructed export prices and export prices were calculated in 
accordance with section 772 of the Act. Because Vietnam is a nonmarket 
economy within the meaning of section 771(18) of the Act, NV was 
calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via the Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (``ACCESS''). ACCESS is 
available to

[[Page 12703]]

registered users at http://access.trade.gov and in the Central Records 
Unit, room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection 
(``CBP'') information and information provided by a number of 
companies, we preliminarily determine that 15 companies \5\ did not 
have any reviewable transactions during the POR. In addition, the 
Department finds, consistent with its refinement to its assessment 
practice in non-market economy cases, that it is appropriate not to 
rescind the review in part in these circumstances, but to complete the 
review with respect to these 15 companies and issue appropriate 
instructions to CBP based on the final results of the review.\6\ For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.
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    \5\ These 15 companies are: (1) BIM Seafood Joint Stock Company; 
(2) Bien Dong Seafood Co., Ltd.; (3) Cafatex Fishery Joint Stock 
Corporation; (4) Camranh Seafoods Processing Enterprise Pte.; (5) 
Coastal Fisheries Development Corporation; (6) Bentre Forestry 
Aquaproduct Import-Export Joint Stock Company; (7) Fine Foods Co.; 
(8) Gallant Ocean (Vietnam) Co., Ltd.; (9) Long Toan Frozen Aquatic 
Products Joint Stock Company; (10) Nhat Duc Co., Ltd.; (11) Ngo Bros 
Seaproducts Import-Export One Member Company Limited; (12) Thong 
Thuan Seafood Company Limited; (13) Tacvan Seafoods Company; (14) 
Tan Phong Phu Seafood Co., Ltd.; and (15) Vinh Hoan Corporation.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Notice''); see also ``Assessment Rates'' section below.
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Partial Rescission of Review

    On July 2, 2015, both Petitioner and ASPA filed timely withdrawals 
of their review requests for Seavina Joint Stock Company.\7\ Pursuant 
to 19 CFR 351.213(d)(1), the Department will rescind an administrative 
review, in whole or in part, if the party that requested the review 
withdraws its request within 90 days of the date of publication of the 
notice of initiation of the requested review. Because both Petitioner 
and ASPA withdrew their requests for administrative review of Seavina 
Joint Stock Company within 90 days of the date of publication of the 
Initiation Notice, and no other interested party requested a review of 
this company, the Department is rescinding this review with respect to 
Seavina Joint Stock Company, in accordance with 19 CFR 351.213(d)(1).
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    \7\ See Petitioner's and ASPA's July 2, 2015, ``Partial 
Withdrawal of Request for Review.''
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Preliminary Results of Review

    The Department finds that 51 companies for which a review was 
requested have not established eligibility for a separate rate and are 
considered to be part of the Vietnam-wide entity for these preliminary 
results.\8\ The Department's change in policy regarding conditional 
review of the Vietnam-wide entity applies to this administrative 
review.\9\ Under this policy, the Vietnam-wide entity will not be under 
review unless a party specifically requests, or the Department self-
initiates, a review of the entity. Because no party requested a review 
of the Vietnam-wide entity, the entity is not under review and the 
entity's rate is not subject to change. For companies for which a 
review was requested and that have established eligibility for a 
separate rate, the Department preliminarily determines that the 
following weighted-average dumping margins exist:
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    \8\ See Appendix II for a full list of the 51 companies; see 
also Preliminary Decision Memorandum, at 12-13.
    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \10\ Due to the issues we have had in the past with variations 
of exporter names related to this Order, we remind exporters that 
the names listed in the rate box are the exact names, including 
spelling and punctuation which the Department will provide to CBP 
and which CBP will use to assess POR entries and collect cash 
deposits. See, e.g., Minh Phu Seafood Corporation's Separate Rate 
Certification dated May 4, 2015, at Attachment A, page 1, where Minh 
Phu Seafood Corporation stated that the initiated name of ``Minh Phu 
Seafood Export Import Corporation (and affiliates Minh Qui Seafood 
Co. Ltd. and Minh Phat Seafood Co., Ltd.) and/or Minh Phu Seafood 
Export Import Corporation (and affiliates Minh Qui Seafood Co. Ltd. 
and Minh Phat Seafood Co., Ltd.) (collectively ``Minh Phu Group'')'' 
was requested for initiation as such by Petitioners but that ``the 
company does not use this combined name.'' Indeed, many of the names 
requested for review by Petitioners and ASPA are, in fact, non-
existent combinations of company names.

------------------------------------------------------------------------
                                                       Weighted-average
                    Exporter \10\                      margin (percent)
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Minh Phu Group:
    Minh Phu Seafood Corp., aka Minh Phu Seafood                    2.86
     Corporation, aka Minh Qui Seafood Co., Ltd.,
     aka Minh Phat Seafood Co., Ltd., aka Minh Phu
     Hau Giang Seafood Joint Stock Company..........
Soc Trang Seafood Joint Stock Company, aka Stapimex.                4.78
Bac Lieu Fisheries Joint Stock Company..............                3.56
C.P. Vietnam Corporation............................                3.56
Cadovimex Seafood Import-Export and Processing Joint                3.56
 Stock Company......................................
Camau Frozen Seafood Processing Import Export                       3.56
 Corporation, aka Camau Seafood Factory No. 4.......
Can Tho Import Export Fishery Limited Company.......                3.56
Camau Seafood Processing and Service Joint Stock                    3.56
 Corporation........................................
Cuulong Seaproducts Company.........................                3.56
Gallant Dachan Seafood Co., Ltd.....................                3.56
Green Farms Seafood Joint Stock Company.............                3.56
Hai Viet Corporation................................                3.56
Investment Commerce Fisheries Corporation...........                3.56
Kim Anh Company Limited, aka Kim Anh Co., Ltd.......                3.56
Minh Hai Export Frozen Seafood Processing Joint-                    3.56
 Stock Company......................................
Minh Hai Joint-Stock Seafoods Processing Company....                3.56
Nha Trang Fisheries Joint Stock Company.............                3.56
Nha Trang Seafoods Group:
    Nha Trang Seaproduct Company, aka NT Seafoods                   3.56
     Corporation, aka Nha Trang Seafoods--F89 Joint
     Stock Company, aka NTSF Seafoods Joint Stock
     Company, aka...................................
Ngoc Tri Seafood Joint Stock Company................                3.56

[[Page 12704]]

 
Phuong Nam Foodstuff Corp...........................                3.56
Quang Minh Seafood Co., Ltd.........................                3.56
Quoc Viet Seaproducts Processing Trading and Import-                3.56
 Export Co., Ltd....................................
Sao Ta Foods Joint Stock Company, aka Fimex VN, aka                 3.56
 Saota Seafood Factory..............................
Seaprimexco Vietnam.................................                3.56
Taika Seafood Corporation...........................                3.56
Thong Thuan Company Limited, aka T&T Co., Ltd.......                3.56
Thuan Phuoc Seafoods and Trading Corporation........                3.56
Trong Nhan Seafood Company Limited..................                3.56
UTXI Aquatic Products Processing Corporation, aka                   3.56
 Hoang Phuong Seafood Factory, aka Hoang Phong
 Seafood Factory....................................
Viet Foods Co., Ltd.................................                3.56
Vietnam Clean Seafood Corporation...................                3.56
Viet I-Mei Frozen Foods Co., Ltd....................                3.56
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Disclosure and Public Comment

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice. Pursuant to 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case briefs no later than 30 days after the 
publication of these preliminary results, and rebuttal comments within 
five days after the time limit for filing case briefs. Parties who 
submit case briefs or rebuttal briefs are requested to submit with the 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\11\ Rebuttal briefs must be 
limited to issues raised in the case briefs.\12\
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    \11\ See 19 CFR 351.309(c) and (d).
    \12\ See 19 CFR 351.309(d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, at a date and time to be 
determined.\13\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date. Interested 
parties are invited to comment on the preliminary results of this 
review.
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    \13\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, including the results of our analysis of issues 
raised in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\14\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. For any individually examined respondent whose 
weighted average dumping margin is above de minimis (i.e., is 0.50 
percent or more) in the final results of this review, the Department 
will calculate importer-specific assessment rates on the basis of the 
ratio of the total amount of dumping calculated for the importer's 
examined sales and the total entered value of sales, in accordance with 
19 CFR 351.212(b)(1).\15\ We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis. Where either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
For the final results, if we continue to treat the 51 companies 
identified above as part of the Vietnam-wide entity, we will instruct 
CBP to apply an ad valorem assessment rate of 25.76 percent to all 
entries of subject merchandise during the POR which were produced and/
or exported by those companies.
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    \14\ See 19 CFR 351.212(b).
    \15\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For the companies 
listed above, which have a separate rate, the cash deposit rate will be 
that established in the final results of this review (except, if the 
rate is zero or de minimis, then zero cash deposit will be required); 
(2) for previously investigated or reviewed Vietnam and non-Vietnam 
exporters not listed above that received a separate rate in a prior 
segment of this proceeding, the cash deposit rate will continue to be 
the existing exporter-specific rate; (3) for all Vietnam exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the existing rate for the 
Vietnam-wide entity of 25.76 percent; and (4) for all non-Vietnam 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the Vietnam 
exporter that supplied that non-Vietnam 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)(2) to file a certificate

[[Page 12705]]

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 Department'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 and 19 CFR 351.221(b)(4).

    Dated: March 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Extension of Preliminary Results
4. Respondent Selection
5. Scope of the Order
6. Partial Rescission of Review
7. Preliminary Determination of No Shipments
8. Non-Market Economy Country
9. Separate Rates
10. Separate Rate Calculation
11. Vietnam-Wide Entity
12. Surrogate Country and Surrogate Value Data
    a. Surrogate Country
    b. Economic Comparability
    c. Significant Producers of Comparable Merchandise
    d. Data Availability
    e. Public Availability and Broad-Market Average
    f. Specificity
    g. Contemporaneity and Tax and Duty Exclusive
13. Date of Sale
14. Comparisons to Normal Value
    a. Determination of Comparison Method
    b. Results of the Differential Pricing Analysis
15. U.S. Price
    a. Export Price
    b. Constructed Export Price
16. Normal Value
    a. Exclusion Requests
17. Factor Valuations
18. Currency Conversion
19. Verification
20. Conclusion

Appendix II

Companies Subject to Review Determined To Be Part of the Vietnam-Wide 
Entity

1. Amanda Foods (Vietnam) Ltd. Ngoc Tri Seafood Company (Amanda's 
affiliate)
2. Amanda Seafood Co., Ltd.
3. An Giang Coffee JSC
4. Anvifish Joint Stock Co.
5. Asia Food Stuffs Import Export Co., Ltd.
6. B.O.P. Limited Co.
7. Binh An Seafood Joint Stock Company
8. Can Tho Agricultural and Animal Product Import Export Company 
(``CATACO'')
    Can Tho Agricultural and Animal Products Imex Company
    Can Tho Agricultural and Animal Products Import Export Company 
(``CATACO'')
    Can Tho Agricultural Products
    Can Tho Agricultural Products
9. Can Tho Import Export Seafood Joint Stock Company (CASEAMEX)
10. Cau Tre Enterprise (C. T. E.)
11. Cautre Export Goods Processing Joint Stock Company
12. CL Fish Co., Ltd. (Cuu Long Fish Company)
13. Danang Seaproducts Import Export Corporation (``Seaprodex 
Danang'')
    Danang Seaproducts Import-Export Corporation (``Seaprodex 
Danang'') (and its affiliates)
    Danang Seaproducts Import-Export Corporation (and its affiliate, 
Tho Quang Seafood Processing and Export Company) (collectively 
``Seaprodex Danang'')
    Seaprodex Danang
    Tho Quang Co.
    Tho Quang Seafood Processing and Export Company
    Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and 
Export Company)
14. D & N Foods Processing (Danang Company Ltd.)
15. Duy Dai Corporation
16. Gallant Ocean (Quang Ngai) Co., Ltd.
17. Gn Foods
18. Hai Thanh Food Company Ltd.
19. Hai Vuong Co., Ltd.
20. Han An Trading Service Co., Ltd.
21. Hoang Hai Company Ltd.
22. Hua Heong Food Industries Vietnam Co. Ltd.
23. Huynh Huong Seafood Processing (Huynh Houng Trading and Import 
Export Joint Stock Company)
24. Interfood Shareholding Co.
25. Khanh Loi Seafood Factory
26. Kien Long Seafoods Co. Ltd.
27. Luan Vo Fishery Co., Ltd.
28. Minh Chau Imp. Exp. Seafood Processing Co., Ltd.
29. Minh Cuong Seafood Import Export Frozen Processing Joint Stock 
Company (``Minh Cuong Seafood'')
30. Mp Consol Co., Ltd.
31. Ngoc Chau Co., Ltd. and/or Ngoc Chau Seafood Processing Company
32. Ngoc Sinh
    Ngoc Sinh Fisheries
    Ngoc Sinh Private Enterprises
    Ngoc Sinh Seafood Processing Company
    Ngoc Sinh Seafood Trading & Processing Enterprise
    Ngoc Sinh Seafoods
33. Phu Cuong Jostoco Corp.
    Phu Cuong Jostoco Seafood Corporation
34. Quang Ninh Export Aquatic Products Processing Factory
35. Quang Ninh Seaproducts Factory
36. Quoc Ai Seafood Processing Import Export Co., Ltd.
37. S.R.V. Freight Services Co., Ltd.
38. Sustainable Seafood
39. Tan Thanh Loi Frozen Food Co., Ltd.
40. Thanh Doan Seaproducts Import & Export Processing Joint-Stock 
Company (THADIMEXCO)
41. Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.
42. Thanh Tri Seafood Processing Co. Ltd.
43. Thinh Hung Co., Ltd.
44. Tien Tien Garment Joint Stock Company
45. Tithi Co., Ltd.
46. Trang Khan Seafood Co., Ltd.
47. Viet Cuong Seafood Processing Import Export Joint-Stock Company
48. Vietnam Fish One Co., Ltd.
    Viet Hai Seafood Co., Ltd.
    Vietnam Fish-One Co., Ltd. (``Fish One'') (Viet Hai Seafood Co., 
Ltd.)
49. Vietnam Northern Viking Technologies Co. Ltd.
50. Vinatex Danang
51. Vinh Loi Import Export Company (``VIMEX'')
    Vinh Loi Import Export Company (``Vimexco'')

[FR Doc. 2016-05406 Filed 3-9-16; 8:45 am]
BILLING CODE 3510-DS-P