Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices 42763

warehouse, for consumption on or after

the publication date, as provided for by

section 751(a)(2)(c) of the Act: (1) The

cash deposit rate for the reviewed

companies will be the rate established

in the final results of this review; (2) if

the exporter is not a firm covered in this

review, or the original less than fair

value (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 (3) for all other

producers and/or exporters of this

merchandise, the cash deposit rate shall

be 91.06 percent, the all others rate

established in the LTFV investigation

(56 FR 36135, July 31, 1991).

These deposit rates, when imposed,

shall remain in effect until publication

of the final results of the next

administrative review.

This notice also serves as a

preliminary 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 administrative review and notice

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

of the Act.

Dated: July 31, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–20935 Filed 8–7–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of application to amend

certificate.

SUMMARY: The Office of Export Trading

Company Affairs (‘‘OETCA’’),

International Trade Administration,

Department of Commerce, has received

an application to amend an Export

Trade Certificate of Review. This notice

summarizes the proposed amendment

and requests comments relevant to

whether the amended Certificate should

be issued. Applicant has requested and

been denied expedited review.

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 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 an amended Certificate should

be issued. If the comments include any

privileged or confidential business

information, it must be clearly marked

and a nonconfidential version of the

comments (identified as such) should be

included. Any comments not marked

privileged or confidential business

information will be deemed to be

nonconfidential. An original and five

copies, plus two copies of the

nonconfidential version, 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,

D.C. 20230. Information submitted by

any person is exempt from disclosure

under the Freedom of Information Act

(5 U.S.C. 552). However,

nonconfidential versions of the

comments will be made available to the

applicant if necessary for determining

whether or not to issue the Certificate.

Comments should refer to this

application as ‘‘Export Trade Certificate

of Review, application number 96–

2A003.’’ The Rice Millers’ Association’s

(‘‘RMA’’) original Certificate was issued

on August 16, 1996 (61 FR 43733,

August 26, 1996). A summary of the

application for an amendment is as

follows.

Summary of the Application

Applicant: Rice Millers’ Association,

4301 North Fairfax Drive, Suite 305,

Arlington, Virginia 22203–1616.

Contact: Cynthia H. Tough, Vice

President of International Affairs for the

USA Rice Federation. Telephone: (703)

351–8161.

Application No.: 96–2A003.

Date Deemed Submitted: July 25,

1997.

Proposed Amendment: RMA seeks to

amend its Certificate by (1) modifying

the Export Trade Activities and

Methods of Operation under which it

proposes to allocate the U.S. portion of

the E.U.’s tariff rate quotas (‘‘TRQs’’) for

semi-milled and milled rice and brown

rice and (2) expanding the eligibility for

Membership in the RMA Certificate to

include any persons, firms, or

corporations of U.S. nationality that

have been actively engaged in the

exportation of rice from the United

States in each of the past two calendar

years. RMA’s Certificate would be

amended in relevant part as follows:

Export Trade Activities and Methods of

Operation

RMA will administer a program for

allocating the U.S. share of the

European Union (EU) tariff rate quotas

(‘‘TRQs’’) for milled rice and brown rice

(roughly 38,000 tons of milled rice and

8,000 tons of brown rice) agreed to as

compensation to the United States for

the EU enlargement, to include Austria,

Finland, and Sweden, as follows:

A. Administration of ETCR

(a) The program will be administered

by an Administrator, selected by the

Membership, and not engaged in the

production, milling, distribution, or sale

of rice. The President of the USA Rice

Federation, and such employees and

contractors of the Federation as he or

she may designate, will work closely

with the Administrator as necessary for

the smooth operating of the RMA/ETCR.

(b) The Administrator may request of

Members statistical information, to be

provided on a confidential basis,

concerning their participation in the

RMA/ETCR, including the disposition

of TRQ Certificates, and may prepare

compilations of such data, in such form

as not to disclose confidential

information.

B. Acquisition and Transfer of TRQ

Certificates

(a) Certificates shall be offered to the

Membership on open tender. The

certificates issued by the RMA/ETCR

will specify the quantity and type of rice

(milled or brown) covered, and shall be

valid for certain time periods or

tranches. The quantity of rice covered

by the total number of Certificates will

reflect the total amount of U.S. rice to

be imported into the EU under the

TRQs.

(b) Certificates shall be valid only for

the tranche covered by the import

license, and shall expire at the end of

such tranche.
42764 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices

(c) A minimum of thirty calendar days

before the opening of each tranche of

the TRQs, the Administrator shall notify

each Member of the RMA/ETCR that it

is entitled to bid for TRQ Certificates,

and shall specify the quantity and type

of rice (milled or brown) and the time

period covered by the tranche.

(d) Together with the first bid it

submits for TRQ Certificates in a given

year of operation of the RMA/ETCR, a

Member shall lodge with the

Administrator an irrevocable bond or

equivalent surety instrument as

provided in the Operating Agreement.

The bond shall be forfeited to the RMA/

ETCR in the event that, at any time

during the year, the Member fails to pay

for or fails to take delivery of

Certificates awarded to it.

(e) To be considered, a bid must: (i)

Specify the type of rice (milled or

brown); (ii) state the quantity, in metric

tonnes, of rice for which the bidder

proposes to purchase Certificates; (iii)

indicate the price or prices for which

the Member proposes to acquire

Certificates; and (iv) be signed by a

responsible official of a Member of the

RMA/ETCR. A bid not satisfying these

criteria, or a bid not submitted within

the stipulated response period, shall be

returned to the Member by the

Administrator, and shall not be

considered further.

(f) The Administrator shall award

Certificates for the available tonnage to

the highest bidder(s) for each type of

rice. In the event that identical bids are

received, the Administrator shall award

Certificates on a pro rata basis, in

proportion to the quantities requested

by the bidders.

(g) The contents of the bids shall be

treated by the Administrator as

confidential, releasing to the public only

the names of the successful bidder(s),

quantity, type of rice and price of their

bids.

(h) Successful bidders shall be

awarded Certificates evidencing their

eligibility to export stated quantities of

milled and brown rice into the customs

territory of the EU under the TRQ

during a specified shipment period.

Payment for the Certificates, in

accordance with the terms of the bid,

must be made to the Administrator

within the time period provided in the

Operating Agreement. If a bidder fails to

pay for Certificates awarded, all bids

submitted by that bidder shall be

deemed canceled, and the

Administrator shall revoke the award

and distribute the bidder’s Certificates

to the next highest bidder.

(i) In the event that the total quantity

of bids received is less than the size of

the relevant TRQ tranche, the unused

portion shall, to the extent consistent

with EU law, be carried over to a

succeeding tranche. In any tranche as to

which EU law prohibits such carry-over,

should the total quantity of bids

received be less than the total quantity

available in the tranche, the unused

portion shall be offered to all of the

successful bidders, in proportion to the

size of their respective awards, at the

lowest bid price.

(j) Certificates, once issued and paid

for, shall be freely transferable.

C. Disposition of Tender Proceeds

(a) The Administrator shall aggregate

the proceeds of all tenders for TRQ

Certificates, and all interest accrued

thereon, at the end of each year of

operation of the program, and shall

distribute them as follows:

(b)(1) In the first year of operations,

the Administrator shall remit to the

RMA/ETCR 5% of the total proceeds of

the tenders for that year to pay all

administrative and legal expenses

incurred by the RMA/ETCR in calendar

year 1996 and through conclusion of the

first year of operations.

(2) The remainder of the 5% portion

of the proceeds shall be distributed as

follows:

(i) To each Member, any documented

expenses that it incurred for third-party

legal fees in calendar years 1996 and

1997 in connection with the

establishment of an ETC for

administration of the TRQs,

(ii) To each Member that shipped a

minimum of 500 metric tonnes of milled

rice to the EU in calendar year 1996,

and which has not already received a

distribution pursuant to this

subparagraph (2), and

(iii) To each Member that shipped a

minimum of 500 metric tonnes of brown

rice to the EU in calendar year 1996,

and which has not already received a

distribution pursuant to this

subparagraph (2).

In no event, may the distribution to

any Member under this subparagraph

exceed $25,000.

(3) If there are insufficient funds

available to make payments provided

for in subparagraph (2), the amount that

each Member would otherwise be

entitled to receive will be reduced by a

pro-rata amount so that the total

distributions will be equal to the

amount available for this purpose. If the

distributions under subparagraph (2)

should not result in the complete

distribution of the funds available for

this purpose, any amount left over shall

be distributed according to the formula

and sequence set out in paragraph (e).

(c) In the years after the first year, the

Administrator shall remit to the RMA/

ETCR 2% of the total proceeds of the

tenders for the year, to pay

administrative and legal expenses

related to the RMA/ETCR. If the actual

administrative expenses differ from the

stated amount by more than 1% of the

total proceeds, then the percentage to

which the RMA/ETCR shall be entitled

in the following year shall be adjusted

up or down accordingly.

(d) If requested by the RMA/ETCR,

the Administrator shall be permitted to

make advances against administrative

cost requirements during the course of

the year.

(e) For the first two years of operation,

the Administrator shall pay to those

Members qualifying as ‘‘Historical

Shippers’’ the amount of $75 for each

tonne of their average annual shipments

of brown and milled rice to Austria,

Sweden, and Finland during the period

1990–1994 (‘‘the Historical Shippers

Portion’’). Of the proceeds remaining

after distribution of the amounts

provided for in paragraphs (b) and (c)

and distribution of the Historical

Shippers Portion, the Administrator

shall distribute:

(i) 45% divided one-third to the Rice

Foundation for rice-related research

projects; and two-thirds for

international development activities to

be managed by the USA Rice Federation

(‘‘Industry Promotion Portion’’).

(ii) 10% to the All Exporters Fund to

be paid out to Members in proportion to

their relative shares of the export trade

of all rice from the United States to all

destinations in the world except the

European Union, on a milled-equivalent

basis, during the preceding year.

(iii) the remainder to Members of the

RMA/ETCR, in proportion to their

relative shares of the export trade of all

milled and brown rice to the EU, on a

milled-equivalent basis, during the

preceding year (‘‘the EU Exporters

Pool’’).

(f) After the second year of operation

of this Agreement, the Administrator

shall distribute the proceeds remaining

after the distribution provided in

paragraph (c), by deducting and setting

aside the Historical Shippers Portion,

and by distributing the remainder as

follows:

(i) 45% to the Industry Promotion

Portion, to be distributed in accordance

with paragraph (e)(i);

(ii) 10% to the All Exporters Fund, to

be distributed in accordance with

paragraph (e)(ii); and

(iii) The remainder of the proceeds,

together with the Historical Shippers

Portion, to the EU Exporters Pool, to be

distributed in accordance with

paragraph (e)(iii).
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices 42765

(g) For the purposes of the above

Export Trade Activities and Methods of

Operation, all references to ‘‘years of

operation’’ shall mean years beginning

on the date the first tranche opens, and

ending on the day before the

anniversary of that date.

Definitions

‘‘Member’’ means a member of RMA

who has been certified as a ‘‘Member’’

within the meaning of Section 325.1(l)

of the Regulations and as listed in

Attachment I. Members must sign the

Operating Agreement of the RMA/ETCR

in order to participate in the certified

activities. Any U.S. company that has

been actively engaged in the exportation

of rice from the United States in each of

the past two calendar years, and that

wishes to participate in the activities

covered by this certificate, may join

RMA’s membership by executing the

Operating Agreement, paying a nonrefundable membership fee of $3,000

per calendar year, and requesting that

RMA file for an amending certificate.

Membership will remain open until

December 31, 1997, and thereafter, shall

be open to qualified companies during

specified months in the year. Any RMA

member that is not a listed Member may

join RMA’s export trade certificate of

review by requesting that RMA file for

an amended certificate. All of the rights

of Members would become effective as

of the date of approval of their

Membership by the Department of

Commerce. A Member may withdraw

from coverage under this certificate at

any time by giving written notice to

RMA, a copy of which RMA will

promptly transmit to the Secretary of

Commerce and the Attorney General.

Dated: August 4, 1997.

W. Dawn Busby,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 97–20929 Filed 8–7–97; 8:45 am]

BILLING CODE 3510–DR–F

DEPARTMENT OF COMMERCE

International Trade Administration,

Commerce

Export Trade Certificate of Review

ACTION: Notice of Issuance of an

Amended Export Trade Certificate of

Review, Application No. 89–3A010.

SUMMARY: The Department of Commerce

has issued an amendment to the Export

Trade Certificate of Review granted to

the Air-Conditioning and Refrigeration

Institute (‘‘ARI’’) on May 10, 1991.

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. Sections 4001–21)

authorizes the Secretary of Commerce to

issue Export Trade Certificates of

Review. The regulations implementing

Title III are found at 15 CFR Part 325

(1997).

The Office of Export Trading

Company Affairs (‘‘OETCA’’) is issuing

this notice pursuant to 15 CFR 325.6(b),

which requires the Secretary of

Commerce to publish a summary of a

Certificate in the Federal Register.

Under Section 305(a) of the Act and 15

CFR 325.11(a), any person aggrieved by

the Secretary’s determination may,

within 30 days of the date of this notice,

bring an action in any appropriate

district court of the United States to set

aside the determination on the ground

that the determination is erroneous.

Description of Amended Certificate

Export Trade Certificate of Review

No. 89–00010, was issued to ARI on

May 10, 1991 (56 FR 23284, May 21,

1991), and previously amended on July

6, 1992 (57 FR 30956, July 13, 1992);

and February 9, 1995 (60 FR 9011,

February 16, 1995).

ARI’s Export Trade Certificate of

Review has been amended to:

1. Add each of the following

companies as new ‘‘Members’’ of the

Certificate within the meaning of

section 325.2(1) of the Regulations (15

CFR 325.2(1)): Calmac Manufacturing

Corporation, Englewood, New Jersey;

Des Champs Laboratories, Inc., Natural

Bridge Station, Virginia; Elkhart Product

Corporation, Geneva, Indiana; IMI

Cornelius, Inc., Anoka, Minnesota;

Inter-City Products Corporation, USA,

Lewisburg, Tennessee; Mainstream

Engineering Corporation, Rockledge,

Florida; Metal Industries, Inc.,

Clearwater, Florida; National Comfort

Products, Bensalem, Pennsylvania; New

Thermal Technologies, Inc., Clearwater,

Florida; Refrigerant Recovery

Technologies, Inc., Garrett, Indiana;

Refron, Inc., Long Island City, New

York; SPX Corporation, for the activities

of its Robinair Division—HVAC/R

Group, Montpelier, Ohio; Russell, Brea,

California; Semco, Incorporated,

Columbia, Missouri; The Whalen

Company, Easton, Maryland; and two

subsidiaries of AAF/McQuay Inc.: AAF

International, Louisville, Kentucky and

McQuay International, Minneapolis,

Minnesota;

2. Delete the following companies as

‘‘Members’’ of the Certificate: American

ThermaFlo, Springfield, Massachusetts;

AAF/McQuay, Inc., Dallas, Texas;

Brookside Group, Inc., McCordsville,

Indiana; Eaton Corporation, for the

activities of its Automotive & Appliance

Control Operations, Carol Stream,

Illinois; Heat Exchangers, Inc., Skokie,

Illinois; New Thermal Technologies,

Inc., Clearwater, Florida; and Tomkins

Industries, Inc., Dayton, Ohio;

3. Change the listing of the company

name of the following current

‘‘Members’’ as follows: change Mestek,

Inc., for the activities of its Sterling

Radiator Division, to Mestek, Inc., for

the activities of its KOLDWAVE

Division and its Sterling HVAC

Equipment Division; Lau to LAU

Industries; MDI Major Diversities, Inc.

to Pinnacle Products, Inc.; MillerPicking Corporation to Miller-Picking

International Corporation; NIBCO, Inc.,

for the activities of its OEM Division to

NIBCO, Inc.; and NORDYNE Inc. to

NORDYNE, INC.; and

4. Add as new products to be covered

as Export Trade under the Certificate

within the meaning of section 325.2(j) of

the Regulations (15 CFR 325.2(j)): (1)

Unit ventilators, (2) air-to-air energy

recovery ventilation equipment, (3)

desiccant cooling and dehumidification

equipment, and (4) refrigerant

reclaimers.

A copy of the amended certificate will

be kept in the International Trade

Administration’s Freedom of

Information Records Inspection Facility,

Room 4102, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

Dated: August 4, 1997.

W. Dawn Busby,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 97–20976 Filed 8–7–97; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

International Trade Administration

North American Free-Trade

Agreement, Article 1904 NAFTA Panel

Reviews; Request for Panel Review

AGENCY: NAFTA Secretariat, United

States Section, International Trade

Administration, Department of

Commerce.

ACTION: Notice of first request for panel

review.

SUMMARY: On July 21, 1997 Custom

Building Products, Inc. filed a First

Request for Panel Review with the