Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Notices 46947

is no new information in the record of

the instant proceeding to lead us to reexamine this issue.

As noted above, not all exporters of

certain cased pencils from the PRC

responded to our questionnaire.

Accordingly, we are applying a single

dumping rate—the PRC-wide rate

established in the Amended Final—to

all exporters in the PRC (other than

China First and Guangdong, as

discussed above, and Shanghai Foreign

Trade Corporation (SFTC), an exporter

which was previously determined to be

entitled to a separate rate but for which

the petitioner did not request an

administrative review), based on our

presumption that those respondents

who failed to respond and all other

exporters who have not qualified for a

separate rate constitute a single

enterprise, and are under common

control by the PRC government. (See,

e.g., Final Determination of Sales at Less

Than Fair Value; Persulfates from the

People’s Republic of China, 61 FR

68232, 68234 (December 27, 1996)). The

weighted-average dumping margin is as

follows:

Manufacturer/producer/exporterWeighted-average margin percentage

PRC-wide Rate ..... 53.65

Parties to this 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 of the Department’s

regulations. 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 not

later than 120 days after the date of

publication of these preliminary results.

The Department shall determine, and

Customs shall assess, antidumping

duties on all appropriate entries. We

intend to issue assessment instructions

to Customs for the exporters subject to

this review based on the dumping rate

stated above. The Department will issue

appraisement instructions directly to

Customs.

Further, the following deposit

requirements will be effective upon

publication of the final results of this

administrative review for all shipments

of certain cased pencils 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 all Chinese exporters,

except for China First (with respect to

exports of merchandise produced by

China First), Guangdong (with respect to

exports of merchandise produced by

Three Star), and SFTC, will be the rate

established in the final results of this

review; and (2) for non-PRC exporters of

subject merchandise from the PRC, the

cash deposit rate will be the rate of their

suppliers (i.e., the PRC-wide rate).

These deposit requirements, when

imposed, shall remain in effect until

publication of the final results of the

next administrative review.

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 POR. Failure to comply with

this requirement could result in the

Secretary’s presumption that

reimbursement of antidumping duties

occured 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. section 1675(a)(1)),

section 777(i) of the Act (19 U.S.C.

section 1677f(i)), and 19 CFR 353.22.

Dated: August 27, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–23606 Filed 9–4–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–401–805]

Certain Cut-to-Length Carbon Steel

Plate From Sweden: Final Results of

Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

antidumping duty administrative

review.

SUMMARY: On May 14, 1997, the

Department of Commerce (the

Department) published the preliminary

results of its administrative review of

the antidumping duty order on certain

cut-to-length carbon steel plate from

Sweden. This review covers one

manufacturer/exporter, SSAB Svenskt

Stal AB (SSAB), of the subject

merchandise for the period August 1,

1995 through July 31, 1996. We gave

interested parties an opportunity to

comment on our preliminary results. We

received no comments and have not

changed the results from those

presented in the preliminary results of

review.

EFFECTIVE DATE: September 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Carrie Blozy, Doreen Chen, or Stephen

Jacques, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone:

(202) 482–1391, (202) 482–0162, and

(202) 482–3434, respectively.

The Applicable Statute and

Regulations: Unless otherwise

indicated, all citations to the Tariff Act

of 1930, as amended (the Tariff Act), are

to the provisions effective January 1,

1995, the effective date of the

amendments made to the Tariff Act by

the Uruguay Round Agreements Act

(URAA). In addition, unless otherwise

indicated, all citations to the

Department’s regulations are to the

regulations at 19 CFR 353 (1996).

SUPPLEMENTARY INFORMATION:

Background

On May 14, 1997, the Department

published in the Federal Register (62

FR 26473) the preliminary results of its

administrative review of the

antidumping duty order on certain cutto-length carbon steel plate from

Sweden (58 FR 44162). For the

preliminary results, we were unable to

calculate a margin based on SSAB’s

response and therefore determined its

dumping margin entirely on the basis of

facts available. This facts available

determination relied upon adverse

inferences, as the Department

determined that SSAB had not

cooperated by acting to the best of its

ability in responding to requests for

information. We gave interested parties

an opportunity to comment on our

preliminary results. We received no

comments. We have now completed the

administrative review in accordance

with section 751(a) of the Tariff Act of

1930, as amended (the Act).

Scope of Review

Certain cut-to-length plate includes

hot-rolled carbon steel universal mill

plates (i.e., flat-rolled products rolled on

four faces or in a closed box pass, of a

width exceeding 150 millimeters but not
46948 Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Notices

exceeding 1,250 millimeters and of a

thickness of not less than 4 millimeters,

not in coils and without patterns in

relief), of rectangular shape, neither

clad, plated nor coated with metal,

whether or not painted, varnished, or

coated with plastics or other

nonmetallic substances; and certain hotrolled carbon steel flat-rolled products

in straight lengths, of rectangular shape,

hot rolled, neither clad, plated, nor

coated with metal, whether or not

painted, varnished, or coated with

plastics or other nonmetallic substances,

4.75 millimeters or more in thickness

and of a width which exceeds 150

millimeters and measures at least twice

the thickness, as currently classifiable in

the HTS under item numbers

7208.40.3030, 7208.40.3060,

7208.51.0030, 7208.51.0045,

7208.51.0060, 7208.52.0000,

7208.53.0000, 7208.90.0000,

7210.70.3000, 7210.90.9000,

7211.13.0000, 7211.14.0030,

7211.14.0045, 7211.90.0000,

7212.40.1000, 7212.40.5000,

7212.50.0000. Included are flat-rolled

products of non-rectangular crosssection where such cross-section is

achieved subsequent to the rolling

process (i.e., products which have been

worked after rolling)—for example,

products which have been beveled or

rounded at the edges. Excluded is grade

X–70 plate. These HTS item numbers

are provided for convenience and

Customs purposes. The written

description remains dispositive.

The period of review (POR) is August

1, 1995, through July 31, 1996.

Use of Facts Available

Following the initiation of this

review, on September 17, 1996, the

Department sent respondent a

questionnaire seeking information

necessary to conduct a review of any

shipments that firm may have made to

the United States during the POR. On

October 21, 1996, the due date for

section A of the Department’s

questionnaire, SSAB made a timely

withdrawal of its request for a review of

this POR. However, because petitioners

had also requested an administrative

review, the review was not terminated.

Additionally, SSAB stated it would not

be participating in the review and

requested assignment, as facts available,

of the first administrative review

margin, 8.28 percent. Thus, SSAB

refused to respond to all sections of the

questionnaire.

On January 8, 1997, petitioners

requested that the Department assign to

SSAB as facts available, 34 percent, the

highest rate from the antidumping

petition.

SSAB made no attempt in this review

to contact the Department to discuss

how it should proceed, nor did it

respond to any section of the

questionnaire. Thus, the Department has

found that, in not responding to the

questionnaire, SSAB failed to cooperate

by not acting to the best of its ability to

comply with requests for information

from the Department. Therefore,

pursuant to section 776(b) of the Act, we

may, in making our determination, use

an adverse inference in selecting from

the facts otherwise available.

This adverse inference may include

reliance on data derived from the

petition, a previous determination in an

investigation or review, or any other

information placed on the record. In the

previous segment of the proceeding, the

Department chose an adverse facts

available rate of 24.23%; this

represented the average rate based on

corroborated petition data. In this

segment of the proceeding, we have

chosen as adverse facts available the

highest rate based on corroborated

petition data, i.e., 34%. Our decision to

use a rate higher than the average

petition rate is consistent with our

decision in the preceding administrative

review because, in that review, ‘‘while

SSAB did not act to the best of its ability

in responding to our cost information

requests, it did cooperate with respect to

certain aspects of this review.’’ See

Certain Cut-to-Length Carbon Steel Plate

from Sweden, Preliminary Results of

Antidumping Duty Administrative

Review, 61 FR 51898, 51900 (October 4,

1996); see also, Certain Cut-to-Length

Carbon Steel Plate from Sweden, Final

Results of Antidumping Duty

Administrative Review, 62 FR 18396,

18401 (April 15, 1997). In this case,

SSAB, in contrast to its level of

cooperation in the previous segment of

the proceeding, has not cooperated at all

with our requests for information.

Section 776(b) authorizes the

Department to use as adverse facts

available information derived from the

petition, the final determination, a

previous administrative review, or other

information placed on the record.

Section 776(c) provides that the

Department shall, to the extent

practicable, corroborate ‘‘secondary

information’’ by reviewing independent

sources reasonably at its disposal. The

SAA, at 870, makes it clear that

‘‘secondary information’’ includes

information from the petition in the

LTFV investigation and information

from a previous section 751 review of

the subject merchandise. The SAA also

provides that ‘‘corroborate’’ means

simply that the Department will satisfy

itself that the secondary information to

be used has probative value. Id.

The Department used an average of

the petition rates as total adverse facts

available in the previous segment of this

proceeding. The Department explained

in that review that it had corroborated

the petition information. Id. For the

purposes of the final results, we

continue to regard the petition

information as corroborated.

Duty Absorption

Because we received no comments on

duty absorption, we uphold the

preliminary results on this issue. We

find duty absorption on all sales.

Final Results of Review

As a result of our review, we

determine the dumping margin (in

percent) for the period August 1, 1995,

through July 31, 1996 to be as follows:

Manufacturer/exporter Margin

(percent)

SSAB .......................................... 34.00

The Department shall determine, and

the U.S. Customs Service shall assess,

antidumping duties on all appropriate

entries. The Department will issue

appraisement instructions directly to

the Customs Service.

Furthermore, the following deposit

requirements will be effective upon

publication of these final results for all

shipments of the subject merchandise

entered, or withdrawn from warehouse,

for consumption on or after the

publication date as provided by section

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

rate for SSAB will be the rate stated

above; (2) for merchandise exported by

manufacturers or exporters not covered

in this review but covered in the

original LTFV investigation or previous

review, the cash deposit will continue

to be the most recent rate published in

the final determination or final results

for which the manufacturer or exporter

received a company-specific rate; (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 that established for the

manufacturer of the merchandise in

these final results of review or the LTFV

investigation; and (4) if neither the

exporter nor the manufacturer is a firm

covered in this or any previous review,

the cash deposit rate will be 24.23

percent, the all others rate established in

the LTFV investigation. (See Certain

Cut-to-Length Carbon Steel Plate from

Sweden, Final Determination of Sales at

Less Than Fair Value, 58 FR 37213 (July

9, 1993).) These deposit requirements
Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Notices 46949

shall remain in effect until publication

of the final results of the next

administrative review.

Notification of Interested Parties

This notice also 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 orders (APOs) 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 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(c)(5).

Dated: August 27, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–23607 Filed 9–4–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

Channel Islands National Marine

Sanctuary Boater/Diver Survey

ACTION: Proposed collection; comment

request.

SUMMARY: The Department of

Commerce, as part of its continuing

effort to reduce paperwork and

respondent burden, invites the general

public and other Federal agencies to

take this opportunity to comment on

proposed and/or continuing information

collections, as required by the

Paperwork Reduction Act of 1995, Pub.

L. 104–13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be

submitted on or before November 4,

1997.

ADDRESSES: Direct all written comments

to Linda Engelmeier, Departmental

Forms Clearance Officer, Department of

Commerce, Room 5327, 14th and

Constitution Avenue, NW, Washington

DC 20230.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the information collection

instrument(s) and instructions should

be directed to Laura Gorodezky,

Education Coordinator, Channel Islands

National Marine Sanctuary, 113 Harbor

Way, Santa Barbara, CA 93109 (805–

966–7107).

SUPPLEMENTARY INFORMATION:

I. Abstract

The Channel Islands National Marine

Sanctuary will be conducting a needs

assessment of the boating and diving

communities from Santa Barbara

through Los Angeles at marinas and

boat launch ramps. We plan to collect

demographic information on sanctuary

users, determine how the sanctuary is

used during different times of year,

determine users’ knowledge and

attitudes about the Sanctuary, determine

how users like to receive information

and their level of interest in current/

future educational programs offered by

the Sanctuary. This information will

help us develop educational programs

that target the boating and diving

communities.

II. Method of Collection

Interviews and survey forms will be

used.

III. Data

OMB Number: none.

Form Number: none.

Type of Review: Regular Submission.

Affected Public: Boaters and divers.

Estimated Number of Respondents:

250.

Estimated Time Per Response: 10

minutes.

Estimated Total Annual Burden

Hours: 42.

Estimated Total Annual Cost to

Public: $0.

IV. Request for Comments

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden

(including hours and cost) of the

proposed collection of information; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on respondents, including through the

use of automated collection techniques

or other forms of information

technology.

Comments submitted in response to

this notice will be summarized and/or

included in the request for OMB

approval of this information collection;

they also will become a matter of public

record.

Dated: September 2, 1997.

Linda Engelmeier,

Departmental Forms Clearance Officer, Office

of Management and Organization.

[FR Doc. 97–23635 Filed 9–4–97; 8:45 am]

BILLING CODE 3510–08–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

ENVIRONMENTAL PROTECTION

AGENCY

Coastal Nonpoint Pollution Control

Program: Proposed Findings

Documents, Environmental

Assessments, and Findings of No

Significant Impact

AGENCY: National Oceanic and

Atmospheric Administration, U.S.

Department of Commerce, and The U.S.

Environmental Protection Agency.

ACTION: Notice of availability of

proposed findings documents,

environmental assessments, and

findings of no significant impact on

approval of coastal nonpoint pollution

control programs for Alaska, South

Carolina and Virginia.

SUMMARY: Notice is hereby given of the

availability of the Proposed Findings

Documents, Environmental Assessments

(EA’s), and Findings of No Significant

Impact for Alaska, South Carolina and

Virginia. Coastal states and territories

were required to submit their coastal

nonpoint programs to the National

Oceanic and Atmospheric

Administration (NOAA) and the U.S.

Environmental Protection Agency (EPA)

for approval in July 1995. The Findings

documents were prepared by NOAA

and EPA to provide the rationale for the

agencies’ decision to approve each state

and territory coastal nonpoint pollution

control program. Section 6217 of the

Coastal Zone Act Reauthorization

Amendments (CZARA), 16 U.S.C.

section 1455b, requires states and

territories with coastal zone

management programs that have

received approval under section 306 of

the Coastal Zone Management Act to

develop and implement coastal

nonpoint pollution control programs.