42746 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices

covered the period May 1, 1992 through

April 30, 1993.

EFFECTIVE DATE: August 8, 1997.

FOR FURTHER INFORMATION CONTACT: J.

David Dirstine or Richard Rimlinger,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th and Constitution

Avenue, N.W., Washington D.C. 20230;

telephone (202) 482–4733.

SUPPLEMENTARY INFORMATION:

Background

On November 1, 1996, the CIT in FAG

U.K. et al. v. United States, Slip Op. 96–

177, remanded the final results to the

Department to: (1) Utilize the taxneutral methodology for adjusting for

value-added taxes (VAT) approved by

the United States Court of Appeals for

the Federal Circuit (CAFC) in FederalMogul Corp. v. United States, 63 F.3d

1572 (Fed. Cir. 1995) (see final

redetermination); (2) correct the

computer program so that the insurance

values reported in dollars are not further

converted; (3) correct the computer

program so that the VAT is only applied

to the HEDGE value once; and (4)

correct a clerical error with respect to

FAG-Barden’s U.S. sales. The

Department complied with the CIT’s

order and, on February 14, 1997,

submitted the final remand results to

the CIT.

The recalculated, weighted-average

percentage dumping margins for NSK–

RHP and FAG-Barden during the period

May 1, 1992, through April 30, 1993, for

ball bearings (BBs) and cylindrical roller

bearings (CRBs) were as follows:

Company

The United Kingdom

BBs CRBs

NSK–RHP ..................... 14.49 20.03

FAG-Barden .................. 4.65 8.22

On June 18, 1997, in FAG U.K., the

CIT affirmed the Department’s final

remand results and entered final

judgment on all issues.

In its decision in Timken Co. v.

United States, 893 F.2d 337 (Fed. Cir.

1990) (Timken), the CAFC held that,

pursuant to 19 U.S.C. 1516a(e), the

Department must publish a notice of a

court decision which is not ‘‘in

harmony’’ with a Department

determination and must suspend

liquidation of entries pending a

‘‘conclusive’’ court decision. The CIT’s

decision on June 18, 1997, constitutes a

decision not in harmony with the

Department’s final results. Publication

of this notice fulfills this obligation.

Pursuant to the decision in Timken,

the Department must continue the

suspension of liquidation of the subject

merchandise pending the latter of the

expiration of the period for appeal or

the conclusion of any appeal. Further,

absent an appeal or, if appealed, upon

a ‘‘conclusive’’ court decision affirming

the CIT’s opinion, the Department will

amend the final results of the fourth

administrative review of the

antidumping duty order on antifriction

bearings (other than tapered roller

bearings) and parts thereof from the

United Kingdom to reflect the amended

margins of the Department’s final

remand results, which were affirmed by

the CIT.

Dated: July 31, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–20934 Filed 8–7–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–821–808]

Postponement of Final Determination;

Certain Cut-to-Length Carbon Steel

Plate From the Russian Federation

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of postponement of final

determination of sales at less than fair

value.

EFFECTIVE DATE: August 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Nithya Nagarajan, Eugenia Chu, or Yury

Beyzarov, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone:

(202) 482–3793.

The Applicable Statute and Regulations

Unless other 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 Rounds Agreements Act

(URAA). In addition, unless otherwise

indicated, all citations to the

Department’s regulations are in

reference to the regulations, codified at

19 CFR part 353, as they existed on

April 1, 1996.

Postponement of Final Determination

Pursuant to section 735(a)(2) of the

Act, on July 29, 1997, JSC Severstal

(Severstal) a producer of subject

merchandise; requested a thirty-day

extension of the final determination.

Severstal accounts for a significant

proportion of exports of the subject

merchandise. In addition, we are not

aware of any compelling reasons for

denying this request. However, due to

the complexity of the issues involved in

the case, including surrogate values, and

the scope of the subject merchandise,

we are postponing the final

determination in this investigation until

135 days after the publication of the

preliminary determination. Therefore,

the final determination will be due no

later than October 24, 1997. Suspension

of liquidation will be extended in

accordance with section 733(d) of the

Act. See Notice of Final Determination

of Sales at Less Than Fair Value:

Certain Pasta from Italy, 61 Fed. Reg.

30326, 30326 (June 14, 1996).

This notice of postponement is

published pursuant to 19 CFR

353.20(b)(2).

Dated: July 31, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–20939 Filed 8–7–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–201–802]

Notice of Extension of Time Limit for

Antidumping Duty Administrative

Review of Gray Portland Cement From

Mexico

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: August 8, 1997.

SUMMARY: The Department of Commerce

(the Department) is extending the time

limit for the preliminary and final

results of the administrative review for

the antidumping order on Gray Portland

Cement and Clinker from Mexico,

pursuant to section 751(a)(3)(A) of the

Tariff Act of 1930, as amended by the

Uruguay Round Agreements Act

(hereinafter the ‘‘Act’’).

FOR FURTHER INFORMATION CONTACT:

Steven Presing, Nithya Nagarajan,

Kristen Smith, or Kristen Stevens,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, N.W.,

Washington, D.C. 20230, telephone

(202) 482–3793.

SUPPLEMENTARY INFORMATION: Under the

Act, the Department may extend the
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices 42747

deadline for completion of an

administrative review if it determines

that it is not practicable to complete the

review within the statutory time limit of

365 days. In the instant case, the

deadline for the preliminary results of

this review was extended from 245 days

to 345 days under section 751(a)(3)(A)

due to an allegation from petitioners

that respondent’s sales were made

below the cost of production. 62 FR

3661 (1997). The Department has

determined that it is not practicable to

complete the review within this

extended period because the case

involves complex analysis and issues

associated with the implementation of

the new law.

Since it is not practicable to complete

this review within the extended period,

in accordance with section 751(a)(3)(A)

of the Act, the Department is extending

the time limit as follows:

Product Country Review period Initiation

date

Prelim due

date

Final due

date*

Gray Portland Cement (A–201–802) ..................... Mexico ........................... 08/1/95–07/31/96 9/17/96 9/2/97 12/13/97

* The Department shall issue the final determination 120 days after the publication of the preliminary determination. This final due date is estimated based on publication of the preliminary notice five business days after signature.

Dated: July 28, 1997.

Roland L. MacDonald,

Acting Deputy Assistant Secretary For

Enforcement III.

[FR Doc. 97–20933 Filed 8–7–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–802]

Industrial Nitrocellulose From the

People’s Republic of China;

Preliminary Results of Antidumping

Duty Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of preliminary results of

antidumping duty administrative

review.

SUMMARY: In response to a request by the

respondent, China North Industries

Guangzhou Corp. (CNIGC), the

Department of Commerce (the

Department) is conducting an

administrative review of the

antidumping duty order on industrial

nitrocellulose from the People’s

Republic of China (PRC). The review

covers one exporter of the subject

merchandise to the United States and

the period July 1, 1995 through June 30,

1996. The review indicates the existence

of dumping margins during the period

of review.

We have preliminarily determined

that sales have been made below normal

value (NV). If these preliminary results

are adopted in our final results of

administrative review, we will instruct

the U.S. Customs Service to assess

antidumping duties equal to the

difference between United States price

(U.S. price) and NV.

Interested parties are invited to

comment on these preliminary results.

EFFECTIVE DATE: August 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Rebecca Trainor or Maureen Flannery,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, N.W., Washington

D.C. 20230; telephone: (202) 482–4733.

Applicable Statute

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’s regulations are to 19 CFR

Part 353 (1997).

SUPPLEMENTARY INFORMATION:

Background

On July 10, 1990, the Department

published in the Federal Register (55

FR 28267) the antidumping duty order

on industrial nitrocellulose (INC) from

the PRC. On July 8, 1996, the

Department published in the Federal

Register (61 FR 35712) a notice of

opportunity to request an administrative

review of this antidumping duty order.

On July 31, 1996, in accordance with 19

CFR 353.22(a), one exporter of the

subject merchandise to the United

States, CNIGC, requested that the

Department conduct an administrative

review of its exports of subject

merchandise to the United States. We

published the notice of initiation of this

review on August 15, 1996 (61 FR

42416).

Scope of the Review

Imports covered by this review are

shipments of INC from the PRC. INC is

a dry, white, amorphous synthetic

chemical with a nitrogen content

between 10.8 and 12.2 percent, and is

produced from the reaction of cellulose

with nitric acid. INC is used as a filmformer in coatings, lacquers, furniture

finishes, and printing inks. The scope of

this order does not include explosive

grade nitrocellulose, which has a

nitrogen content of greater than 12.2

percent.

INC is currently classified under

Harmonized Tariff System (HTS)

subheading 3912.20.00. While the HTS

item number is provided for

convenience and Customs purposes, the

written description remains dispositive

as to the scope of the product coverage.

The review period is July 1, 1995

through June 30, 1996.

Separate Rates

CNIGC claims to be eligible for a

separate antidumping rate, as an

independent trading company owned by

‘‘all the people.’’ As stated in the Final

Determination of Sales at Less than Fair

Value: Silicon Carbide from the People’s

Republic of China (Silicon Carbide), 59

FR 22585, 22586 (May 2, 1994), and

Final Determination of Sales at Less

than Fair Value: Furfuryl Alcohol from

the People’s Republic of China (Furfuryl

Alcohol) 60 FR 22544 (May 8, 1995),

ownership of a company by all the

people does not require the application

of a single rate. Therefore, CNIGC is

eligible for consideration for a separate

rate.

To establish whether a firm is

sufficiently independent from

government control to be entitled to a

separate rate, the Department analyzes

each exporting entity under the test

originally established in the Final

Determination of Sales at Less Than

Fair Value: Sparklers from the People’s

Republic of China (Sparklers), 56 FR

20588 (May 6, 1991), and amplified in

Silicon Carbide. Under this test, the

Department assigns separate rates in

nonmarket-economy (NME) cases only if

an exporter can affirmatively

demonstrate the absence of both (1) de

jure and (2) de facto governmental

control over export activities. See

Silicon Carbide and Furfuryl Alcohol.