25706 Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Notices

with sections 751(c), 752, and 777(i)(1)

of the Act.

Dated: April 26, 2000.

Joseph A. Spetrini,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–10926 Filed 5–2–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–856]

Synthetic Indigo From the People’s

Republic of China; Notice of Final

Determination of Sales at Less Than

Fair Value

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final determination of

sales at less than fair value.

SUMMARY: On December 14, 1999, the

Department of Commerce published its

preliminary determination of sales at

less than fair value of synthetic indigo

from the People’s Republic of China.

The period of investigation is October 1,

1998, through March 31, 1999.

Based on our analysis of the

comments received, we have made

changes in the margin calculations.

Therefore, the final determination

differs from the preliminary

determination. The final weightedaverage dumping margins for the

investigated companies are listed below

in the section entitled ‘‘Final

Determination of Investigation.’’

EFFECTIVE DATE: May 3, 2000.

FOR FURTHER INFORMATION CONTACT:

David J. Goldberger or Dinah

McDougall, Import Administration,

International Trade Administration,

U.S. Department of Commerce,

Washington, D.C. 20230; telephone:

(202) 482–4136 or (202) 482–3773,

respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (‘‘the

Act’’) by the Uruguay Round

Agreements Act (‘‘URAA’’). In addition,

unless otherwise indicated, all citations

to the Department of Commerce’s (‘‘the

Department’s’’) regulations refer to 19

CFR Part 351 (April 1999).

Background

On December 14, 1999, the

Department published the Notice of

Preliminary Determination of Sales at

Less Than Fair Value and Postponement

of Final Determination: Synthetic Indigo

from the People’s Republic of China

(‘‘PRC’’) (64 FR 69723) (‘‘Preliminary

Determination’’). The period of

investigation is October 1, 1998 through

March 31, 1999. We invited parties to

comment on our preliminary

determination of the investigation. The

Department has conducted this

investigation in accordance with section

731 of the Act.

Verification of the responses to the

Department’s sales and factors of

production questionnaires took place in

January 2000 (see the ‘‘Verification’’

section below).

The petitioners, Buffalo Color

Corporation and the United

Steelworkers of America, AFL–CIO/

CLC, and the respondents, the China

Chamber of Commerce of Metals,

Minerals and Chemicals, and its

respondent member firms, filed case

and rebuttal briefs on March 23 and 28,

2000, respectively.

Scope of Investigation

The products subject to this

investigation are the deep blue synthetic

vat dye known as synthetic indigo and

those of its derivatives designated

commercially as ‘‘Vat Blue 1.’’ Included

are Vat Blue 1 (synthetic indigo), Color

Index No. 73000, and its derivatives,

pre-reduced indigo or indigo white

(Color Index No. 73001) and solubilized

indigo (Color Index No. 73002). The

subject merchandise may be sold in any

form (e.g., powder, granular, paste,

liquid, or solution) and in any strength.

Synthetic indigo and its derivatives

subject to this investigation are

currently classifiable under subheadings

3204.15.10.00, 3204.15.40.00 or

3204.15.80.00 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 merchandise

under investigation is dispositive.

Verification

As provided in section 782(i)(1) of the

Act, we verified the information

submitted by the respondents for use in

our final determination. We used

standard verification procedures,

including examination of relevant

accounting and production records, as

well as original source documents

provided by the respondents.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

investigation are addressed in the

‘‘Issues and Decision Memorandum’’

(‘‘Decision Memorandum’’) from

Richard W. Moreland, Deputy Assistant

Secretary, Import Administration, to

Troy H. Cribb, Acting Assistant

Secretary for Import Administration,

dated April 27, 2000, which is hereby

adopted by this notice. A list of the

issues which parties have raised and to

which we have responded, all of which

are in the Decision Memorandum, is

attached to this notice as an Appendix.

Parties can find a complete discussion

of all issues raised in this investigation

and the corresponding

recommendations in this public

memorandum which is on file in the

Central Records Unit, Room B–099 of

the Department. In addition, a complete

version of the Decision Memorandum

can be accessed directly on the Web at:

www.ita.doc.gov/import_admin/

records/frn/. The paper copy and

electronic version of the Decision

Memorandum are identical in content.

Separate Rates

All responding exporting entities have

requested separate, company-specific

antidumping duty rates. In the

Preliminary Determination we

determined that, based on the

information contained in the

questionnaire responses, the mandatory

respondents, Wonderful Chemical

Industrial Ltd. (‘‘Wonderful’’) and its

affiliate Jiangsu Taifeng Chemical

Industry Co. (‘‘Jiangsu Taifeng’’), and

Tianjin Hongfa Group Co. (‘‘Tianjin

Hongfa’’), had met the de jure and de

facto criteria for the application of

separate antidumping rates. See

Preliminary Determination, 64 FR at

69725–6. However, during the course of

verification, the Department was unable

to completely verify the reported

separate rates information for Tianjin

Hongfa, and therefore, has determined

that Tianjin Hongfa is not eligible to

receive a separate rate. Accordingly, we

have assigned Tianjin Hongfa the PRCwide rate, as discussed in the ‘‘PRCWide Rate’’ section below. For a

discussion of our determination with

respect to separate rates and the

application of the PRC-wide rate, see the

‘‘Separate Rates’’ section of the Decision

Memorandum, which is available in B–

099 and on the Web at www.ita.doc.gov/

import_admin/records/frn/.

Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Notices 25707

Margins for Exporters Whose

Responses Were Not Analyzed

With respect to the responding

companies that provided all of the

questionnaire responses requested of

them and otherwise fully cooperated

with the Department’s investigation, but

nonetheless, were not fully analyzed by

the Department due to limited resources

(see Preliminary Determination, 64 FR

at 69726), we assigned to them the rate

calculated for the only mandatory

respondent which was fully analyzed

and which established its eligibility for

a separate rate in this investigation (i.e.,

Wonderful/Jiangsu Taifeng), as a nonadverse facts available rate. Companies

receiving this rate are identified by

name in the ‘‘Continuation of

Suspension of Liquidation’’ section of

this notice. For a discussion of our

determination with respect to the

cooperating, non-mandatory

respondents, see the ‘‘Separate Rates’’

section of the Decision Memorandum.

PRC-Wide Rate

As explained in the Preliminary

Determination, the PRC-wide

antidumping rate is based on adverse

facts available, in accordance with

section 776(b) of the Act. See

Preliminary Determination, 64 FR at

69726. Information on the record of this

investigation indicates that there are

numerous producers/exporters of the

subject merchandise in the PRC in

addition to the companies participating

in this investigation. U.S. import

statistics show that the responding

companies did not account for all

imports of synthetic indigo into the

United States from the PRC. Given this

discrepancy, it appears that not all PRC

exporters of synthetic indigo responded

to our antidumping duty questionnaire.

Consistent with our preliminary

determination, we have applied a single

antidumping duty deposit rate (‘‘PRCwide rate’’) to all synthetic indigo

exporters in the PRC, except those

specifically identified in the

‘‘Continuation of Suspension of

Liquidation’’ section of this notice,

based on our presumption that the

export activities of the companies that

failed to respond to the Department’s

questionnaire are controlled by the PRC

government. We have also applied this

rate to Tianjin Hongfa based on its

failure to establish its eligibility for a

separate rate, as discussed in the

‘‘Separate Rates’’ section above. The

PRC-wide rate, which in this case is the

highest margin from the petition, has

been corroborated pursuant to section

776(c) of the Act using the method

outlined in the Preliminary

Determination. See 64 FR at 69726.

Changes Since the Preliminary

Determination

Based on our analysis of comments

received, we have made certain changes

in the margin calculations. We have also

corrected certain programming and

clerical errors in our Preliminary

Determination, where applicable. Any

programming or clerical errors alleged

by the parties with which we do not

agree are discussed in the relevant

sections of the Decision Memorandum.

Critical Circumstances

In our Preliminary Determination, we

found, pursuant to section 733(e)(1) of

the Act, that there was a reasonable

basis to believe or suspect that critical

circumstances exist with respect to the

subject merchandise from the

mandatory and non-mandatory

respondents and all other producers/

exporters. As discussed in detail in the

Preliminary Determination, we first

found that importers either knew or

should have known that imports of

synthetic indigo from the PRC were

being sold at less than fair value and

there was likely to be material injury.

We then analyzed the import volume

and value data placed on the record, in

accordance with 19 CFR 351.206, and

preliminarily determined that imports

of the subject merchandise have been

massive over the short period of time

subsequent to the filing of the petition.

In accordance with section 735(a)(3) of

the Act, and based upon our verification

of the shipment data placed on the

record, we determine that critical

circumstances exist with respect to

synthetic indigo from the mandatory

respondents in this investigation as well

as the non-mandatory respondents and

all other producers/exporters. Therefore,

we are directing the Customs Service

(‘‘Customs’’) to continue to suspend

liquidation of any unliquidated entries

of subject merchandise on or after the

date 90 days prior to the date of

publication of the preliminary

determination in the Federal Register,

as discussed below in the ‘‘Continuation

of Suspension of Liquidation’’ section.

Continuation of Suspension of

Liquidation

In accordance with section 735(c) of

the Act, we are directing Customs to

continue to suspend liquidation of all

imports of the subject merchandise from

the PRC that are entered, or withdrawn

from warehouse, for consumption on or

after September 15, 1999, the date 90

days prior to the date of publication of

the preliminary determination in the

Federal Register, in accordance with

our critical circumstances finding.

Effective on or after the date of

publication of the Department’s final

determination, Customs shall continue

to require a cash deposit or the posting

of a bond equal to the weighted-average

amount by which the normal value

exceeds the export price or constructed

export price, as appropriate, as

indicated in the chart below. These

suspension of liquidation instructions

will remain in effect until further notice.

The weighted-average dumping

margins are as follows:

Exporter/manufacturer

Weighted-average margin

percentage

Critical circumstances

Wonderful Chemical Industrial Ltd./Jiangsu Taifeng Chemical Industry Co., Ltd ......................................................... 77.89 Yes.

China National Chemical Construction Jiangsu Company ........................................................................................... 77.89 Yes.

China Jiangsu International Economic Technical Cooperation Corp ............................................................................ 77.89 Yes.

Shanghai Yongchen International Trading Company Ltd ............................................................................................. 77.89 Yes.

Hebei Jinzhou Import & Export Corporation ................................................................................................................. 77.89 Yes.

Sinochem Hebei Import & Export Corp ......................................................................................................................... 77.89 Yes.

Chongqing Dyestuff Import & Export United Corp ........................................................................................................ 77.89 Yes.

Wuhan Tianjin Chemicals Imports & Exports Corp., Ltd .............................................................................................. 77.89 Yes.

PRC-wide Rate .............................................................................................................................................................. 129.60 Yes.

25708 Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Notices

Except for entries of synthetic indigo

from exporters that are identified

individually above, the PRC-wide rate

applies to all other entries of the subject

merchandise.

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the

International Trade Commission (‘‘ITC’’)

of our determination. As our final

determination is affirmative, the ITC

will, within 45 days, determine whether

these imports are materially injuring, or

threaten material injury to, the U.S.

industry. If the ITC determines that

material injury, or threat of material

injury does not exist, the proceeding

will be terminated and all securities

posted will be refunded or canceled. If

the ITC determines that such injury

does exist, the Department will issue an

antidumping duty order directing

Customs officials to assess antidumping

duties on all imports of the subject

merchandise entered for consumption

on or after the effective date of the

suspension of liquidation.

This determination is issued and

published in accordance with sections

735(d) and 777(i)(1) of the Act.

Dated: April 27, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

Appendix—Issues in the Decision

Memorandum

I. Respondent Selection

Comment 1: Tianjin Hongfa vs. Kwong Fat as

Exporter

Comment 2: Wonderful vs. Intermediate

Trading Company as Exporter

II. Separate Rates

Comment 3: Separate Rate for Tianjin Hongfa

Comment 4: Separate Rate for Wonderful/

Jiangsu Taifeng

Comment 5: Cooperating Non-Mandatory

Respondents

III. Factor Valuation

Comment 6: Valuation of Factory Overhead,

SG&A, and Profit

Comment 7: Valuation of International

Freight

Comment 8: Valuation of Certain Minor

Inputs

Comment 9: Valuation of Water

Comment 10: Classification of ‘‘Managerial

Remuneration’’ in Surrogate Value

Financial Data

Comment 11: Date of Sale

Comment 12: Labor Hours Factor Reporting

Comment 13: Deduction of Trading Company

Fees

[FR Doc. 00–11034 Filed 5–2–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Application for Duty-Free Entry of

Scientific Instrument

Pursuant to Section 6(c) of the

Educational, Scientific and Cultural

Materials Importation Act of 1966 (Pub.

L. 89–651; 80 Stat. 897; 15 CFR part

301), we invite comments on the

question of whether an instrument of

equivalent scientific value, for the

purposes for which the instrument

shown below is intended to be used, is

being manufactured in the United

States.

Comments must comply with 15 CFR

301.5(a)(3) and (4) of the regulations and

be filed within 20 days with the

Statutory Import Programs Staff, U.S.

Department of Commerce, Washington,

D.C. 20230. Applications may be

examined between 8:30 A.M. and 5 P.M.

in Room 4211, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C.

Docket Number: 00–009. Applicant:

Purdue University, Department of

Biological Sciences, Lilly Hall of Life

Sciences, West Lafayette, IN 47907–

1392. Instrument: Electron Microscope,

Model CM300. Manufacturer: Philips,

The Netherlands. Intended Use: The

instrument is intended to be used in

cryoelectron microscopy studies to

determine the structure of some

biological complexes. Samples studied

will include non-icosahedral viruses,

human rhinovirus, poliovirus,

coxsackievirus, Ross River virus,

Sindbis virus, Togavirus and Flavivirus

families, Moloney murine leukemia

virus, human papillomavirus, RNAprotein complexes, Band-3 protein in

red blood cells, caveolae in the plasma

membrane, KP4 fungal toxin, proteinprotein complexes, photosynthetic

membranes, large proteins, Colicin and

other transmembrane transport systems.

In addition, the instrument will be used

for educational purposes in the graduate

level courses BIO595 and BMS517.

Application accepted by Commissioner

of Customs: April 14, 2000.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 00–10927 Filed 5–2–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 042600C]

New England Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of a public meeting.

SUMMARY: The New England Fishery

Management Council (Council) is

scheduling a public meeting of its

Capacity Committee in May.

Recommendations from the committee

will be brought to the full Council for

formal consideration and action, if

appropriate.

DATES: The meeting will be held on May

18, 2000, at 10:00 a.m.

ADDRESSES: The meeting will be held at

the New England Fishery Management

Council Office, 50 Water Street—Mill 2,

Newburyport, MA 01950; telephone:

(978) 465–0492.

FOR FURTHER INFORMATION CONTACT: Paul

J. Howard, Executive Director, New

England Fishery Management Council

(978) 465–0492.

SUPPLEMENTARY INFORMATION: The

Committee will continue its exploration

of fishing capacity issues. The

Committee will discuss and continue to

develop three proposals to reduce

capacity by allow the transfer of fishing

permits and/or days-at-sea allocations

contingent on reductions of days-at-sea

upon such transfers. Recommendations

from the committee will be brought to

the full Council for formal consideration

and action, if appropriate.

Although non-emergency issues not

contained in this agenda may come

before this Council for discussion, those

issues may not be the subject of formal

Council action during this meeting.

Council action will be restricted to those

issues specifically listed in this notice

and any issues arising after publication

of this notice that require emergency

action under section 305(c) of the

Magnuson-Stevens Fishery

Conservation and Management Act,

provided the public has been notified of

the Council’s intent to take final action

to address the emergency.

Special Accommodations

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to Paul