Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Notices 50557

regulations of the Board (15 CFR part

400). It was formally filed on September

17, 1997.

The Hewlett-Packard facilities are

located at two sites (765,438 square feet

on 45 acres) in Miami, Florida: Site 1

(21 acres, 313,438 sq.ft.)—located at

6701/6703 Northwest 7th Street; Site 2

(23 acres, 452,000 sq.ft. (including a

proposed building))—located at 10205

NW 19th Street and 10200 NW 21st

Street.

The facilities (240 employees) are

used for storage, manufacture, and

distribution for import and export of

computers and related devices, printers,

electronic test and measurement

devices, electronic medical products,

and related electronic products and

components. A number of components

are purchased from abroad (an

estimated 40% of value on

manufactured products), including

printed circuit boards, silicon wafers,

rectifiers, integrated circuits, memory

modules, CD–ROM drives, disk drives,

scanners, hard drives, keyboards,

monitors/displays (CRT and LCD type),

LEDs, speakers, microphones, belts,

valves, bearings, plastic materials,

industrial chemicals, sensors, filters,

resistors, transducers, fuses, plugs,

relays, ink cartridges, toner cartridges,

switches, fasteners, cards, transformers,

DC/electric motors, magnets, modems,

batteries, cabinets, power supplies,

cables, copper wire, power cords,

optical fiber, casters, cases, labels, and

packaging materials (1997 duty range:

free-14.2%). (Full zone procedures are

not being sought for certain linear

motion bearings, display tubes and

parts, optical fiber, or photonic

components.)

Zone procedures would exempt

Hewlett-Packard from Customs duty

payments on foreign components used

in export production. On its domestic

sales, Hewlett-Packard would be able to

choose the lower duty rate that applies

to the finished products (free-13.2%) for

the foreign components noted above.

The application indicates that the

savings from zone procedures would

help improve the plant’s international

competitiveness.

In accordance with the Board’s

regulations, a member of the FTZ Staff

has been designated examiner to

investigate the application and report to

the Board.

Public comment on the application is

invited from interested parties.

Submissions (original and three copies)

shall be addressed to the Board’s

Executive Secretary at the address

below. The closing period for their

receipt is November 25, 1997. Rebuttal

comments in response to material

submitted during the foregoing period

may be submitted during the subsequent

15-day period to December 10, 1997.

A copy of the application and the

accompanying exhibits will be available

for public inspection at each of the

following locations:

Office of the Executive Secretary,

Foreign-Trade Zones Board, U.S.

Department of Commerce, Room

3716, 14th and Pennsylvania Avenue,

NW., Washington, DC 20230.

U.S. Department of Commerce Export

Assistance Center, 5600 Northwest

36th St., Suite 617, Miami, Florida

33166.

Dated: September 18, 1997.

John J. DaPonte, Jr.,

Executive Secretary.

[FR Doc. 97–25645 Filed 9–25–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–580–807]

Polyethylene Terephthalate Film,

Sheet, and Strip From the Republic of

Korea; Notice of Final Court Decision

and Amended Final Determination of

Antidumping Duty Investigation

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: On February 5, 1997, in the

case of E.I. DuPont de Nemours & Co.,

Inc., v. United States, 954 F. Supp. 263

(CIT 1997), the United States Court of

International Trade affirmed the

Department of Commerce’s second

redetermination on remand arising out

of the final determination of sales at less

than fair value in the antidumping duty

investigation of polyethylene

terephthalate film, sheet and strip from

the Republic of Korea. As there is now

a final and conclusive court decision in

this action, we are amending the final

determination in this matter and will

instruct the U.S. Customs Service to

change the ‘‘all others’’ cash deposit

rate.

EFFECTIVE DATE: September 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Magd A. Zalok or Kris Campbell at (202)

482–4162 or (202) 482–3813,

respectively, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

On June 5, 1991, the Department of

Commerce (‘’the Department’’)

published the antidumping duty order

and amended final determination of

sales at less than fair value for

polyethylene terephthalate film, sheet,

and strip from the Republic of Korea.

See Final Determination of Sales at Less

Than Fair Value: Polyethylene

Terephthalate Film, Sheet, and Strip

from the Republic of Korea (56 FR

16305, April 22, 1991), as amended (56

FR 25669, June 5, 1991). E.I. DuPont de

Nemours & Company, Inc. Hoechst

Celanese Corp., and ICI Americas, Inc.,

(‘‘petitioners’’), filed an action

challenging the final determination. On

December 6, 1993, the Court of

International Trade (CIT) remanded

certain of the challenged issues to the

Department. The CIT directed the

Department to re-examine the following

issues in light of the Federal Circuit’s

decision in IPSCO, Inc. v. United States,

965 F.2d 1056 (Fed. Cir. 1992) (‘‘IPSCO

Appeal’’): (1) Methodology for

calculating costs of production of offgrade PET film reported by Cheil

Synthetics, Inc. (‘‘Cheil’’) and SKC

Limited (‘‘SKC’’); (2) methodology for

calculating Cheil’s costs of recycled

scrap film; and (3) SKC’s productspecific cost accounting methodology.

The CIT also directed the Department to

reconsider its methodology for

adjustments to United States price

(‘‘USP’’) for value-added taxes

(‘‘VATs’’). See E.I. DuPont de Nemours

& Co., Inc. v. United States, 841 F.

Supp. 1237 (CIT 1993).

On April 7, 1994, pursuant to the

remand order, the Department

announced its remand results. (See

Final Remand Determination Pursuant

to Court Order, E.I. DuPont de Nemours

& Co., Inc. v. United States, Court No.

91–07–00487.) For calculating Cheil’s

cost of production of off-grade PET film,

the Department adjusted Cheil’s

submitted costs to reflect actual,

product-specific costs. In the case of

SKC, the Department revised its

methodology consistent with the IPSCO

Appeal decision and recalculated SKC’s

costs of production of off-grade PET film

based on quantity rather than value. The

Department did not adjust its cost

methodology for Cheil’s recycled PET

film because it reasoned that the

recycled film was not a co-product, and

therefore, the rationale of the IPSCO

Appeal decision was not applicable.

The Department also accepted SKC’s

submitted costs adjusted to reflect

actual product-specific costs because it

determined that SKC’s verified cost
50558 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Notices

accounting methodology was

reasonable. Finally, the Department

revised the treatment of VATs to

comport with its then-existing

methodology used in Certain Stainless

Steel Wire rod from France, 58 FR 6885

(Dec. 29, 1993) by adjusting USP for tax

by multiplying the home market tax rate

by the USP at the point in the chain of

commerce of the U.S. merchandise that

is analogous to the point in the home

market chain of commerce at which the

foreign government applies the home

market consumption tax.

With exception of the department’s

methodology for VAT adjustments, the

CIT upheld all aspects of the

Department’s remand redetermination.

See E.I Dupont de Nemours & Co., Inc.,

ICI Americas, Inc., v. United States, 932

F. Supp. 296 (CIT 1996). The CIT

concluded that the Department’s VAT

adjustments were not consistent with

the Federal circuit court’s ruling in

Federal Mogul Corp. v. United States, 66

F.3d 1572 (Fed. Cir. 1995) and

remanded this issue to the Department

for recalculation of the VAT

adjustments.

On May 17, 1996, the Department

filed the results of the second remand

redetermination. In accordance with the

VAT methodology adopted after the

Federal Mogul decision, the Department

added the tax amount paid in the home

market to USP for the same

merchandise.

On February 5, 1997, the CIT upheld

the second remand results. E.I. DuPont

de Nemours & Co., Inc. v. United States,

954 F. Supp. 263 (CIT 1997). The period

to appeal has expired and no appeal was

filed. Therefore, as there is now a final

and conclusive court decision in this

action, we are amending our final

determination.

Amendment to Final Determination

Pursuant to section 516A(e) of the

Act, we are now amending the final

determination in polyethylene

terephthalate film, sheet and strip from

the Republic of Korea. The recalculated

weighted-average dumping margins are

as follows:

Manufacturer/producer/exporter Margin

(percent)

SKC ........................................... 13.92

Cheil .......................................... 36.33

All others ................................... 21.50

We will instruct U.S. Customs to

change the existing ‘‘all others’’ cash

deposit requirements accordingly. We

note that this order has been revoked

with respect to Cheil (61 FR 35177) and

SKC’s current cash deposit rate is based

upon an administrative review

conducted subsequent to this segment of

the proceeding. Therefore, this amended

redetermination does not affect the cash

deposit rates for either SKC or Cheil.

Dated: September 22, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–25646 Filed 9–25–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 082797C]

Marine Mammals; Permit No. 993

(P597)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Issuance of amendment.

SUMMARY: Notice is hereby given that

photography permit No. 993 issued to

Mr. Michael Kundu, Arcturus

Adventure Communications

International, 5516 64th Place, NE,

Marysville, WA 98270, has been

amended to extend the expiration date

of the permit to August 1, 1998.

ADDRESSES: The permit and related

documents are available for review

upon written request or by appointment

(See SUPPLEMENTARY INFORMATION).

SUPPLEMENTARY INFORMATION: The

subject amendment has been issued

under the authority of the Marine

Mammal Protection Act of 1972, as

amended (16 U.S.C. 1361 et seq.) and

the provisions of § 216.39 of the

regulations of the governing the taking

and importing (50 CFR part 216) of

marine mammals.

Addresses: Documents may be

reviewed in the following locations:

Permits Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Room 13130, Silver Spring,

MD 20910 (301/713–2289);

Regional Administrator, Northwest

Regional Office, NMFS, 7600 Sand Point

Way, NE, BIN C15700, Bldg. 1, Seattle,

WA 98115–0070 (206/526–6150); and

Regional Administrator, Alaska

Regional Office, NMFS, P.O. Box 21668,

Juneau, AK 99802–1668 (907/586–

7221).

Dated: September 12, 1997.

Ann Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 97–24923 Filed 9-25-97; 8:45 am]

BILLING CODE 3510–22–F

COMMITTEE FOR THE

IMPLEMENTATION OF TEXTILE

AGREEMENTS

Adjustment of Import Limits for Certain

Cotton and Man-Made Fiber Textile

Products Produced or Manufactured in

Guatemala

September 22, 1997.

AGENCY: Committee for the

Implementation of Textile Agreements

(CITA).

ACTION: Issuing a directive to the

Commissioner of Customs increasing

limits.

EFFECTIVE DATE: September 29, 1997.

FOR FURTHER INFORMATION CONTACT: Roy

Unger, International Trade Specialist,

Office of Textiles and Apparel, U.S.

Department of Commerce, (202) 482–

4212. For information on the quota

status of these limits, refer to the Quota

Status Reports posted on the bulletin

boards of each Customs port or call

(202) 927–5850. For information on

embargoes and quota re-openings, call

(202) 482–3715.

SUPPLEMENTARY INFORMATION:

Authority: Executive Order 11651 of March

3, 1972, as amended; section 204 of the

Agricultural Act of 1956, as amended (7

U.S.C. 1854); Uruguay Round Agreements

Act.

The current limits for certain

categories are being increased for

carryover.

A description of the textile and

apparel categories in terms of HTS

numbers is available in the

CORRELATION: Textile and Apparel

Categories with the Harmonized Tariff

Schedule of the United States (see

Federal Register notice 61 FR 66263,

published on December 17, 1996). Also

see 61 FR 58038, published on

November 12, 1996.

The letter to the Commissioner of

Customs and the actions taken pursuant

to it are not designed to implement all

of the provisions of the Uruguay Round

Agreements Act and the Uruguay Round

Agreement on Textiles and Clothing, but

are designed to assist only in the