42508 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Notices

of the first review of this order that the

transfer prices at issue were at arm’s

length, and continued to accept the

transfer prices in the second and third

reviews, we have scrutinized these

prices more closely in more recent

reviews. Thus, in the fourth review, we

rejected the transfer prices because

Cinsa had not documented its claims

that these were arm’s length prices.

(Although the CIT has recently held, in

Cinsa S.A. de C.V. v. United States,

Slip. Op. 97–41 (April 4, 1997), that our

determination in that respect was

insufficiently supported, the results of

remand in that review did indicate that

even at the time of the 4th review, it was

no longer the Department’s policy to

accept Cinsa’s unsupported assertion

that the full extent of the discounts it

received beyond those given to

unrelated customers was accounted for

by any cost efficiencies involved in

differences in the terms of sale.)

Therefore, Cinsa cannot claim that

precedent requires the Department to

accept their unmodified transfer prices,

in this ninth review, as being at arm’s

length. The Department must make its

determination in each review based on

the facts on the record of that segment

of the proceeding. Therefore, in this

review, we have accepted Cinsa and

ENASA’s submitted frit values only to

the degree that they are supported as

embodying market based elements.

Comment 17. Petitioner argues that

certain pages of Verification Exhibit 6,

(the nature of which is proprietary), are

untimely and should be stricken from

the record. Petitioner states that

moreover, the documents are irrelevant,

because they reflect transactions that

occurred outside the period of review.

Respondents maintain that although

the documents involve assertions that

were made outside the 9th POR, these

documents establish the validity of

Clause 12 of the Agreement between the

joint venture partners of ESVIMEX

(governing the conditions for purchases

by affiliated parties of non-ESVIMEX

frit).

DOC Position: We agree with the

respondent. At verification, we

requested the documentation to which

petitioners refer, in order to verify an

issue relating to a frit-purchase

agreement in effect during the POR.

Because any supporting documentation

which the Department requests at

verification is properly part of the

record, there is no reason to strike this

document from the record. Because the

same agreement was in effect at the time

of the affected frit purchases from the

unrelated party, the documentation in

question is relevant to the interpretation

of the terms of that agreement, as is

clear from the proprietary version of the

July 18, 1997, verification report.

Final Results of Review

As a result of this review, we have

determined that the following margins

exist for the period December 1, 1994

through November 30, 1995:

Manufacturer/exporter

Margin

(percent)

Cinsa ............................................... 6.90

ENASA ............................................ 2.74

The Department shall determine, and

the U.S. Customs Service shall assess,

antidumping duties on all appropriate

entries. The Department shall issue

appraisement instructions directly to

the Customs Service.

Furthermore, the following deposit

requirements shall be effective, upon

publication of this notice of final results

of administrative review, for all

shipments of the subject merchandise

from Mexico that are entered, or

withdrawn from warehouse, for

consumption on or after the publication

date, as provided for by section

751(a)(1) of the Tariff Act: (1) The cash

deposit rates for Cinsa and ENASA will

be the rates established above; (2) for

previously 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, or the original 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) the cash deposit rate for all other

manufacturers or exporters of this

merchandise will continue to be 29.52

percent, the all others rate established in

the final results of the less than fair

value investigation (51 FR 36435,

October 10, 1986).

The deposit requirements, when

imposed, 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 serves as the only

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 of return/destruction of

APO materials or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulation

and the terms of an APO is a

sanctionable violation.

This administrative review and notice

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

of the Act and 19 CFR 353.22.

Dated: July 30, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–20735 Filed 8–6–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 072897A]

Endangered and Threatened Species;

Draft Recovery Plan for Winter-run

Chinook Salmon

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of Availability of a Draft

Recovery Plan; request for comments.

SUMMARY: NMFS is announcing the

availability of a draft recovery plan for

the Sacramento River winter-run

chinook salmon (Oncorhynchus

tshawytscha). NMFS is seeking review

and public comments on the recovery

plan. Copies are available on request.

DATES: Comments on the draft recovery

plan must be received by December 5,

1997, if they are to be considered during

preparation of a final recovery plan.

ADDRESSES: Requests for a copy of the

draft plan should be addressed to

National Marine Fisheries Service, 777

Sonoma Avenue, Room 325, Santa Rosa,

CA 95405; telephone: 707–575–6050.

Copies of the draft plan can also be

obtained from the NMFS Southwest

Region World Wide Web site at http://

swr.ucsd.edu. Written comments and

materials regarding the draft plan

should be directed to the same address.

FOR FURTHER INFORMATION CONTACT:

Craig Wingert, National Marine

Fisheries Service, Southwest Region,

501 W. Ocean Blvd., Suite 4200, Long

Beach, CA, 90802–4213; telephone:

562–980–4021.

SUPPLEMENTARY INFORMATION:
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Notices 42509

Background

Sacramento River winter-run chinook

salmon are a unique population of

chinook salmon in the Sacramento River

and are distinguished from other runs

based on the timing of their upstream

migration and spawning season. Adult

winter-run chinook generally leave the

ocean and migrate through the

Sacramento-San Joaquin Delta to the

upper Sacramento River during the

winter and spawn during the summer.

The Endangered Species Act requires

that a recovery plan be developed and

implemented for the survival and

conservation of listed species, unless it

is determined that a plan will not

promote the conservation of the species.

Because it was determined that a

recovery plan was necessary for the

survival and conservation of the

endangered Sacramento River winterrun chinook salmon, NMFS appointed a

Recovery Team (Team) to assist in the

development of the recovery plan for

the species. In March 1996, the Team

submitted its final recommendations to

NMFS. NMFS used these

recommendations to formulate the Draft

Winter-run Chinook Salmon Recovery

Plan.

The draft plan discusses the natural

history and current status of winter-run

chinook salmon and factors leading to

its decline. The draft plan identifies

delisting criteria and proposes specific

recovery measures considered necessary

to achieve recovery and delist the

species. Recovery measures are

identified for seven broad goals,

including restoring spawning and

rearing habitat, improving juvenile

survival, improving adult passage in

their upstream migration; artificial

propagation, harvest management,

improving other fish and wildlife

management programs, and improving

our understanding of life history and

habitat requirements. In addition, an

economic analysis evaluates the costs to

recovering winter-run chinook.

Public Comments Solicited

NMFS intends that the final recovery

plan will take advantage of information

and recommendations from all

interested parties. Therefore, comments

and suggestions are solicited from the

public, other concerned governmental

agencies, the scientific community,

industry, and any other person

concerned with this draft recovery plan.

Based on requests from the public,

NMFS will schedule, announce, and

conduct public hearings on the draft

recovery plan as necessary.

Dated: July 31, 1997.

Ann D. Terbush,

Chief, Permits Division, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 97–20773 Filed 8-6-97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 072997A]

South Atlantic Fishery Management

Council; Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.

SUMMARY: The South Atlantic Fishery

Management Council (Council) will

hold a meeting of its Calico Scallop

Committee and Advisory Panel, Golden

Crab Committee, Joint Executive and

Finance Committee, Snapper Grouper

Committee, Mackerel Committee,

Habitat Committee, and Bluefish

Committee. A Council Session will also

be held.

DATES: The meetings will be held from

August 18–22, 1997. See

SUPPLEMENTARY INFORMATION for specific

dates and times.

ADDRESSES: The meetings will be held at

the Town and Country Inn, 2008

Savannah Highway, Charleston, SC;

telephone: (803) 571–1000; (800) 334–

6660.

Council address: South Atlantic

Fishery Management Council, One

Southpark Circle, Suite 306; Charleston,

SC 29407–4699.

FOR FURTHER INFORMATION CONTACT:

Susan Buchanan, Public Information

Officer; telephone: (803) 571–4366; fax:

(803) 769–4520; email:

susan.buchanan@noaa.gov

SUPPLEMENTARY INFORMATION:

Meeting Dates

August 18, 1997, 1:30 p.m. to 5:00

p.m.—Joint Calico Scallop Committee

and Advisory Panel

The Committee and Advisory Panel

will meet to review the management

options paper and develop the draft

Calico Scallop Fishery Management

Plan (FMP).

August 19, 1997, 8:30 a.m. to 12:00

noon—Golden Crab Committee

The Committee will meet to review

the draft framework action and develop

recommendations for the Council.

August 19, 1997, 1:30 p.m. to 3:30

p.m.—Joint Executive and Finance

Committee

The Committees will meet to review

and approve proposed changes to 1997

activities and budget and to review and

approve the proposed 1998 activities

schedule and budget.

August 19, 1997, 3:30 p.m. to 6:00

p.m.—Snapper Grouper Committee

The Committee will meet to receive

presentations on Oculina research, gag

grouper, the South Carolina tagging

program, and the economic impact

research on saltwater anglers.

August 20, 1997, 8:30 a.m. to 5:00

p.m.—Snapper Grouper Committee

The Committee will meet to review

comments from public hearings, letters

and NMFS informal review of Snapper

Grouper Amendment 9 and the

associated Draft Supplemental

Environmental Impact Statement, and to

develop recommendations for finalizing

Amendment 9.

August 21, 1997, 8:30 a.m. to 12:00

noon—Mackerel Committee

The Committee will meet to hear the

status of Amendment 8 to the Coastal

Migratory Pelagics FMP and framework

actions, review the dolphin options

paper, and develop management

measures for dolphin.

August 21, 1997, 1:30 p.m. to 3:30

p.m.—Habitat Committee

The Committee will meet to hear a

status report on the essential fish habitat

workshop process, and to review the

essential fish habitat plan and

comprehensive amendment.

August 21, 1997, 3:30 p.m. to 4:30

p.m.—Bluefish Committee

The Committee will meet to review

the Bluefish public hearing draft

document and develop

recommendations to the Mid-Atlantic

Fishery Management Council (MAFMC)

and the Atlantic States Marine Fisheries

Commission (ASMFC).

August 21, 1997, 5:00 p.m. to 6:30

p.m.—Council Session

The full Council will convene to elect

a Council Chairman and Vice-Chairman

and hear the Mackerel Committee report

before developing management

measures for dolphin.

August 22, 1997, 8:30 a.m. to 5:00

p.m.—Council Session

The full Council will convene at 8:30

a.m., to take public comment on

Snapper Grouper Amendment 9 before

hearing the Snapper Grouper Committee

report and taking final action on

Amendment 9 for submission to the

Secretary of Commerce; At 11:00 a.m.,

the Council will take public comment

on golden crab framework actions before

making a decision on these actions as

necessary; At 2:00 p.m., the Council will