Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Notices 4253

implements a policy in NME cases

whereby all exporters or producers are

presumed to comprise a single entity,

the ‘‘NME entity.’’ The U.S. Court of

International Trade has upheld our

NME policy in previous cases. See, e.g.,

UCF America, Inc. v. United States, 870

F. Supp. 1120, 1126 (CIT 1994); Sigma

Corp. v. United States, 841 F. Supp.

1255, 1266–67 (CIT 1993), and; Tianjin

Machinery Import & Export Corp. v.

United States, 806 F. Supp. 1008, 1013–

15 (CIT 1992). Thus, we assign the NME

rate to the NME entity just as we assign

an individual rate to a single exporter or

producer operating in a market

economy. As a result, all exporters and

producers that are part of the NME

entity are assigned the ‘‘NME-wide’’

rate. Because the ‘‘NME-wide’’ rate is

the equivalent of a company-specific

rate, it changes only when we review

the NME entity (i.e., all NME producers

and exporters that have not qualified for

a separate rate). To qualify for a separate

rate, as discussed under the Separate

Rates section of this notice, an NME

exporter or producer must provide

evidence showing both de jure and de

facto absence of government control

over export activities. Until such

evidence is presented, a company is

presumed to be part of the NME entity

and receives the ‘‘NME-wide’’ rate. All

exporters or producers will either

qualify for a separate company-specific

rate, or be part of the NME entity and

receive the ‘‘NME-wide’’ rate. In this

review, Clover/Lucky qualifies for a

separate rate as discussed in the

‘‘Separate Rates’’ section of this notice.

Because China Light does not qualify for

a separate rate, it remains part of the

NME entity, which is subject to the new

PRC-wide rate established in the final

results of this administrative review.

Parties to the proceeding may request

disclosure within 5 days of the date of

publication of this notice. Any

interested party may request a hearing

within 10 days of publication. Any

hearing, if requested, will be held 44

days after the publication of this notice,

or the first workday thereafter.

Interested parties may submit case briefs

within 30 days of the date of publication

of this notice. Rebuttal briefs, which

must be limited to issues raised in the

case briefs, may be filed not later than

37 days after the date of publication. See

section 353.38(d) of the Department’s

regulations. Parties who submit

arguments in this proceeding are

requested to submit with each argument

(1) a statement of the issue and (2) a

brief summary of the argument. The

Department will publish a notice of

final results of this administrative

review, which will include the results of

its analysis of issues raised in any such

comments.

The Department shall determine, and

the U.S. Customs Service shall assess,

antidumping duties on all appropriate

entries. Individual differences between

U.S. price and FMV may vary from the

percentages stated above. The

Department will issue appraisement

instructions directly to the U.S. Customs

Service.

Furthermore, the following deposit

requirements will be effective upon

publication of the final results of this

administrative review for all shipments

of POS cooking ware from the PRC

entered, or withdrawn from warehouse,

for consumption on or after the

publication date, as provided for by

section 751(a)(1) of the Act: (1) the cash

deposit rate for the reviewed company

named above which has a separate rate,

Clover/Lucky, will be the rate for that

company established in the final results

of this administrative review; (2) for all

other PRC exporters, the cash deposit

rate will be the highest rate from the

LTFV investigation, this review, or any

prior administrative reviews, which is

the PRC (country-wide) rate; and (3) the

cash deposit rate for non-PRC exporters

of subject merchandise from the PRC

will be the rate applicable to the PRC

supplier of that exporter. These deposit

requirements, when imposed, shall

remain in effect until publication of the

final results of the next administrative

review.

Notification of Interested Parties

This notice serves as a preliminary

reminder to importers of their

responsibility under section 353.26 of

the Department’s regulations 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 administrative review and notice

are in accordance with section 751(a)(1)

of the Act (19 U.S.C. 1675(a)(1)) and

section 353.22 of the Department’s

regulations.

Dated: January 21, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–2211 Filed 1–28–97; 8:45 am]

BILLING CODE 3510–DS–P

[A–538–802]

Shop Towels From Bangladesh;

Amendment to Final Results of

Antidumping Duty Administrative

Review

AGENCY: International Trade

Administration, Import Administration,

Department of Commerce.

ACTION: Notice of Amendment to Final

Results of Antidumping Duty

Administrative Review.

SUMMARY: On October 23, 1996, the

Department of Commerce (the

Department) issued the final results of

administrative review of the

antidumping duty order on Shop

Towels from Bangladesh, which

published on October 30, 1996 in the

Federal Register.

The review covered six

manufacturers/exporters. The review

period is March 1, 1994, through

February 28, 1995. Based on the

correction of a ministerial error, we are

amending the final results with respect

to Greyfab (BD) Limited (Greyfab)

EFFECTIVE DATE: January 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Davina Hashmi or Kris Campbell,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, N.W.,

Washington, D.C. 20230, telephone:

(202) 482–5760; (202) 482–4733.

SUPPLEMENTARY INFORMATION:

Background

On October 30, 1996, the Department

published the final results of the

administrative review of Shop Towels

from Bangladesh in the Federal Register

(61 FR 55957). The review covers six

manufacturers/exporters. The review

period is March 1, 1994 through

February 28, 1995.

On November 21, 1996, the

Department released disclosure

materials to the parties in accordance

with 19 CFR 353.28. Within the time

limits set forth under 19 CFR 353.28, in

a submission dated November 25, 1996,

Greyfab contended that, in the final

results, the Department inadvertently

made a ministerial error in the margin

calculation of one sales transaction by

assigning a positive dumping margin to

this sale despite the fact that the

Department’s calculations indicate that

there was no dumping on this sale. No

parties to this proceeding filed with the

Department any replies to Greyfab’s

November 25, 1996 submission. We

agree that this is a ministerial error as

defined by 19 CFR 353.28 and have

corrected this error. As a result,
4254 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Notices

Greyfab’s margin changed from 0.70

percent to 0.02 percent.

Amended Final Results of Review

As a result of our correction of this

ministerial error, we have determined

that the following percentage weightedaverage margin exists for the period

March 1, 1994 through February 28,

1995:

Manufacturer/exporter Margin

percent

Greyfab (BD) Limited .................... 0.02

The Department shall determine, and

the Customs Service shall assess,

antidumping duties on all appropriate

entries. Individual differences between

the export price and normal value may

vary from the percentage stated above.

The Department will issue appraisement

instructions on the exporter directly to

the Customs Service.

Furthermore, a cash deposit of zero

percent will be required for all

shipments by Greyfab of the subject

merchandise entered, or withdrawn

from warehouse, for consumption on or

after the date of publication of these

amended final results of administrative

review, as provided by section 751(a)(1)

of the Tariff Act of 1930.

This deposit requirement shall remain

in effect until publication of the final

results of the next administrative

review.

This notice also serves as a final

reminder to the importer of its

responsibility under 19 CFR 353.26 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 notice also serves as a 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 353.34(d)(1). 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 the terms of an

APO is a sanctionable violation.

This notice is in accordance with 19

CFR 353.28.

Dated: January 23, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–2213 Filed 1–28 97; 8:45 am]

BILLING CODE 3510–DS–P

Export Trade Certificate of Review

ACTION: Notice of application.

SUMMARY: The Office of Export Trading

Company Affairs (‘‘OETCA’’),

International Trade Administration,

Department of Commerce, has received

an application for an Export Trade

Certificate of Review. This notice

summarizes the conduct for which

certification is sought and requests

comments relevant to whether the

Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: W.

Dawn Busby, Director, Office of Export

Trading Company Affairs, International

Trade Administration, (202) 482–5131.

This is not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. 4001–21) authorizes the

Secretary of Commerce to issue Export

Trade Certificates of Review. A

Certificate of Review protects the holder

and the members identified in the

Certificate from state and federal

government antitrust actions and from

private, treble damage antitrust actions

for the export conduct specified in the

Certificate and carried out in

compliance with its terms and

conditions. Section 302(b)(1) of the Act

and 15 CFR 325.6(a) require the

Secretary to publish a notice in the

Federal Register identifying the

applicant and summarizing its proposed

export conduct.

Request for Public Comments

Interested parties may submit written

comments relevant to the determination

whether a Certificate should be issued.

An original and five (5) copies should

be submitted no later than 20 days after

the date of this notice to: Office of

Export Trading Company Affairs,

International Trade Administration,

Department of Commerce, Room 1800H,

Washington, DC 20230. Information

submitted by any person is exempt from

disclosure under the Freedom of

Information Act (5 U.S.C. 552).

Comments should refer to this

application as ‘‘Export Trade Certificate

of Review, application number 97–

00001.’’ A summary of the application

follows.

Summary of the Application

Applicant: Dairy Marketing

Information Association (‘‘DMIA’’), 30

West Mifflin Street, Suite 401, Madison,

Wisconsin 53703.

Contact: Donald M. Barnes, Esquire.

Telephone: (202) 326–1500.

Application No.: 97–00001.

Date Deemed Submitted: January 17,

1997.

Members (in addition to applicant):

Land O’Lakes, Inc., Minneapolis, MN;

Foremost Farms USA, Baraboo, WI;

Mid-America Dairymen, Inc.,

Springfield, MO; Ellsworth Cooperative

Creamery Association, Ellsworth, WI;

Darigold Farms, Seattle, WA; Associated

Milk Producers, Inc. (AMPI), San

Antonio, TX; Alto Dairy Cooperative,

Waupun, WI; Swiss Valley Farms, Co.,

Davenport, IA; First District

Association, Litchfield, MN; and

Dairymen’s Cooperative Creamery

Association, Tulare, CA.

DMIA seeks a Certificate to cover the

following specific Export Trade, Export

Markets, and Export Trade Activities

and Methods of Operations.

Export Trade

Products: Dry sweet whey; 35% whey

protein concentrate (‘‘WPC’’), and edible

grade lactose (Standard Industrial

Classified Code 202–2023).

Export Trade Facilitation Services (as

They Relate to the Export of Products

and Services)

Export Trade Facilitation Services

including professional services in the

areas of consulting, marketing and trade

promotion, legal assistance,

communication and processing of sales

leads and export orders, and negotiation

of price to be paid by foreign buyer.

Export Markets

All parts of the world except the

United States (the fifty states of the

United States, the District of Columbia,

the Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, Guam,

the Commonwealth of the Northern

Mariana Islands, and the Trust Territory

of the Pacific Islands).

Export Trade Activities and Methods of

Operation

DMIA seeks to:

1. Enter into joint discussions,

negotiations, and bidding with foreign

buyers regarding the purchase of the

products specified herein.

2. Act jointly to negotiate and

establish export prices for the products

specified herein to be marketed through

DMIA’s services, in connection with

actual or potential bona fide export

opportunities, provided that each DMIA