Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Notices 44255

2, 1997, the Department published in

the Federal Register (62 FR 15655) the

opportunity to request an administrative

review. On April 30, 1997, Proton

requested a review for the period April

1, 1996 through March 31, 1997. On

May 21, 1997, in accordance with 19

CFR 353.22(c), we initiated an

administrative review for the period

April 1, 1996 through March 31, 1997

(61 FR 27720).

We received a timely request for

withdrawal for this request from Proton

on June 26, 1997. Because there were no

requests for review from other interested

parties, we are terminating this review

in accordance with 19 CFR 353.22(a)(5)

of the Department’s regulations.

Dated: August 14, 1997.

Joseph A. Spetrini,

Deputy Assistant Secretary for Enforcement,

Group III.

[FR Doc. 97–22084 Filed 8–19–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–403–801]

Fresh and Chilled Atlantic Salmon

From Norway, Amended Final Results

of Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of amended final results

of antidumping duty administrative

review.

EFFECTIVE DATE: August 20, 1997.

FOR FURTHER INFORMATION CONTACT:

Todd Peterson or Thomas Futtner, AD/

CVD Enforcement, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

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

telephone (202) 482–4106, or 482–3814,

respectively.

Applicable Statute and Regulations

The Department is conducting this

review in accordance with section

751(a) of the Tariff Act of 1930, as

amended (the Act). Unless otherwise

indicated, all citations to the statute and

to the Department’s regulations are in

reference to the provisions as they

existed on December 31, 1994.

Scope of the Review

The merchandise covered by this

review is fresh and chilled Atlantic

salmon (salmon). It encompasses the

species of Atlantic salmon (Salmo salar)

marketed as specified herein; the subject

merchandise excludes all other species

of salmon: Danube salmon; Chinook

(also called ‘‘king’’ or ‘‘quinnat’’); Coho

(‘‘silver’’); Sockeye (‘‘redfish’’ or

‘‘blueback’’); Humpback (‘‘pink’’); and

Chum (‘‘dog’’). Atlantic salmon is whole

or nearly whole fish, typically (but not

necessarily) marketed gutted, bled, and

cleaned, with the head on. The subject

merchandise is typically packed in fresh

water ice (chilled). Excluded from the

subject merchandise are fillets, steaks,

and other cuts of Atlantic salmon. Also

excluded are frozen, canned, smoked or

otherwise processed Atlantic salmon.

Fresh and chilled Atlantic salmon is

currently provided for under

Harmonized Tariff Schedule (HTS)

subheading 0302.12.00.02.09. The HTS

item number is provided for

convenience and Customs purposes.

The written description remains

dispositive.

Amendment of Final Results

On December 13, 1996, the

Department of Commerce (the

Department) published the final results

of its administrative review of the

antidumping duty order on fresh and

chilled Atlantic salmon from Norway

(61 FR 65522). The review covered 24

exporters, and the period April 1, 1993,

through March 31, 1994.

On December 12, 1996, petitioners,

The Coalition for Fair Atlantic Salmon

Trade, filed allegations of clerical errors

with regard to the final results with

respect to two respondents, Skaarfish

A/S (Skaarfish) and Norwegian Salmon

A/S (Norwegian Salmon). We also

received allegations from both

respondents on December 18, 1996, and

December 30, 1996. Petitioners

submitted rebuttal briefs on January 6,

1997.

Petitioners contends that the

Department made a ministerial error in

the final results by not adding amounts

for indirect selling expenses and interest

expenses to the revised cost of

cultivation for both Norwegian Salmon

and Skaarfish. Respondents did not

comment on petitioner’s allegation.

After a review of petitioner’s allegation,

we agree with petitioners and have

corrected these errors for the amended

final results.

Norwegian Salmon maintains that the

Department made a ministerial error by

incorrectly deducting duty and

brokerage applicable to French sales

from U.S. sales, rather than deducting

these expenses from French sales. In

addition, respondent maintains that the

Department double-counted U.S. credit

expense. Petitioners did not comment

on respondents’ allegations. After a

review of respondent’s allegations, we

agree with respondent and have

corrected these errors for the amended

final results.

Norwegian Salmon also maintains

that the Department erroneously doublecounted certain expenses associated

with damages resulting from underwater

explosions affecting Norwegian

Salmon’s Farm C. Respondent maintains

that the indemnity that Farm C received

covered all of Farm C’s expenses

associated with the explosion and that

the Department erred by subtracting the

amount Farm C claimed as a loss in its

financial statement. Petitioner disagrees

with respondent. Petitioner states that

the Department should reject the

allegation because it concerns a

methodological determination rather

than a ministerial error as described in

section 353.28(d) of the Department’s

regulations. Moreover, petitioner states

that the Department’s cost of production

calculations correctly reflect the actual

amounts recorded in Farm C’s income

statement and accounting ledgers for the

loss and indemnity associated with the

fish killed by the underwater

detonations.

We disagree with respondent that this

is a ministerial error. Since 751(f) of the

Act defines the term ‘‘ministerial error’’

as errors in addition, subtraction, or

other arithmetic function, clerical error

resulting from inaccurate copying,

duplication, or the like, and any other

type of unintentional error which the

Secretary considers ministerial. The

error alleged by respondent does not fall

within this definition, and therefore, we

determine that it is not a ministerial

error.

Amended Final Results of Review

As a result of comments received and

programming errors corrected, we have

revised our final results and determine

that the following margins exist for the

period April 1, 1993, through March 31,

1994:

Manufacturer/exporter

Margin

(percent)

ABA A/S ............................................ 1 31.81

Artic Group ........................................ 2 31.81

Artic Products Norway A/S ............... 1 31.81

Brodrene Sirevag A/S ....................... 1 23.80

Cocoon Ltd A/S ................................ 1 31.81

Delfa Norge A/S ................................ 1 31.81

Delimar A/S ....................................... (3)

Deli-Nor A/S ...................................... (3)

Fjord Trading LTD. A/S .................... 1 23.80

Fresh Marine Co. Ltd ........................ 2 31.81

Greig Norwegian Salmon ................. 2 31.81

Harald Mowinckel A/S ...................... 1 23.80

Imperator de Norvegia ...................... 1 31.81

More Seafood A/S ............................ 1 31.81

Nils Willksen A/S .............................. 1 31.81
44256 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Notices

Manufacturer/exporter

Margin

(percent)

North Cape Fish A/S ........................ 1 31.81

Norwegian Salmon A/S .................... 13.88

Norwegian Taste Company A/S ....... 2 31.81

Olsen & Kvalheim A/S ...................... 1 23.80

Sekkingstad A/S ............................... 1 23.80

Skaarfish-Mowi A/S .......................... 2.30

Timar Seafood A/S ........................... 1 31.81

Victoria Seafood A/S ........................ 2 31.81

West Fish Ltd. A/S ............................ 1 23.80

1 No shipments during the period; margin

from the last administrative review. 2 No response; highest margin from the

original LTFV investigation. 3 No shipments or sales subject to this review; the firm had no individual rate from any

segment of this proceeding.

The Department shall determine, and

the Customs Service shall assess,

antidumping duties on all appropriate

entries. The Department will issue

appraisement instructions concerning

all respondents directly to the U.S.

Customs Service.

Further, the following deposit

requirements will be effective for all

shipments of the subject merchandise

entered, or withdrawn from warehouse,

for consumption on or after the

publication date of these amended final

results of this administrative review, as

provided for by section 751(a)(1) of the

Act: (1) The case deposit rates for the

reviewed firms will be the rates

indicated above; (2) for previously

reviewed or investigated companies not

listed above, the cash deposit rate will

continue to be the company-specific rate

published for the most recent period; (3)

if the exporter is not a firm covered in

this review, a prior review or the

original LTFV investigation, but the

manufacturer is, the cash deposit rate

will be the rate established for the most

recent period for the manufacturer of

the merchandise; and (4) if neither the

exporter nor the manufacturer is a firm

covered in this or any previous review

conducted by the Department or the

LTFV investigation, the cash deposit

rate will be 23.80 percent, all the others

rate from the LFTV investigation.

These deposit requirements shall

remain in effect until publication of the

final results of the next administrative

review.

This notice serves as a final reminder

to importers of their 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 order (APO) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with 19 CFR 353.34(d). Timely written

notification or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and the terms of the APO is a

sanctionable violation.

This administrative review and notice

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

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

CFR 353.22.

Dated: August 5, 1997.

Roberta S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–22083 Filed 8–19–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[Docket No. 970731187–7187–01]

RIN 0648–ZA32

Financial Assistance for the Pribilof

Environmental Restoration Program

AGENCY: Office of Finance and

Administration (OFA), National Oceanic

and Atmospheric Administration

(NOAA), Commerce.

ACTION: Notice of availability of federal

assistance.

SUMMARY: NOAA issues this notice

describing the procedures under which

applications will be accepted, and how

NOAA will determine which

applications it will fund for

environmental restoration work to be

completed on the Pribilof Islands,

Alaska. Pursuant to Public Law 104–91

(Pub. L. 104–91), Section 3(d) requires

the use of local entities and residents of

the Pribilof Islands, to the maximum

extent practical for completion of

environmental restoration work to be

performed. Applications will be

solicited for Part II of the NOAA’s

Pribilof Islands Environmental Cleanup

Project. This notice implements

environmental restoration work to

commence in fiscal year 1997 (FY97).

Specifically, Remediation of Petroleum

Contaminated Soil as defined in the

Pribilof Islands Expanded Site

Investigation Report and in conjunction

with the Two-Party Agreement executed

between NOAA and Alaska Department

of Environmental Conservation (ADEC),

State of Alaska. A maximum amount of

$8.8 Million is available for cooperative

agreements awarded to implement Part

II.

Complete applications must be

received or postmarked by September

19, 1997. Applicants must submit one

signed original and two copies of the

complete application. No facsimile

applications will be accepted.

Generally, the time required to process

applications is 60 days from the closing

date of the solicitation.

ADDRESSES: Applications should be sent

to Western Administrative Support

Center (WASC), Facilities and Logistics

Division, 7600 Sand Point Way NE,

Seattle, WA 98115. Telephone: (206)

526–4434 or (206) 526–6160.

Application kits, with instructions for

completion may be obtained from the

NOAA Grants Management Division,

SSMC2, Room 9358, 1325 East-West

Highway, Silver Spring, MD 20910.

Telephone (301) 713–0946.

FOR FURTHER INFORMATION CONTACT:

For questions regarding grants

management policies and interpretation

contact: Steve Drescher at (301) 713–

0946. For information regarding

technical aspects of specific projects:

Mary Moloseau Goetz at (206) 526–6647

or Anthony Mercadante at (206) 526–

6674. Copies of the Pribilof Islands

Expanded Site Investigation and the

Two-Party Agreement may be obtained

from the National Archives, Anchorage

Regional Office, 645 West 3rd Ave.,

Anchorage, Alaska.

SUPPLEMENTARY INFORMATION: The

Catalog of Federal Domestic Assistance

(CFDA) number for this program is

11.469, Congressionally Identified

Construction Projects.

I. Introduction

A. Background

Under the provisions of Public Law

104–91, the Secretary of Commerce

shall, subject to the availability of

appropriations, provide assistance for

the cleanup of landfills, wastes, dumps,

debris, storage tanks, property,

hazardous or unsafe conditions, and

contaminants including petroleum

products and their derivatives, on lands

which the U.S. Government abandoned,

quitclaimed, or otherwise transferred or

are obligated to transfer, to local entities

or residents on the Pribilof Islands,

Alaska pursuant to the Fur Seal Act of

1966 (16 U.S.C. 1151 et seq.), as

amended, or other applicable law.

Work to commence in FY97 under

section one of this notice will include

Remediation of Petroleum