51082 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Notices

In accordance with § 340.6(d) of the

regulations, we are publishing this

notice to inform the public that APHIS

will accept written comments regarding

the Petition for Determination of

Nonregulated Status from any interested

person for a period of 60 days from the

date of this notice. The petition and any

comments received are available for

public review, and copies of the petition

may be ordered (see the ADDRESSES

section of this notice).

After the comment period closes,

APHIS will review the data submitted

by the petitioner, all written comments

received during the comment period,

and any other relevant information.

Based on the available information,

APHIS will furnish a response to the

petitioner, either approving the petition

in whole or in part, or denying the

petition. APHIS will then publish a

notice in the Federal Register

announcing the regulatory status of

AgrEvo’s event T45 canola, and the

availability of APHIS’ written decision.

Authority: 7 U.S.C. 150aa–150jj, 151–167,

and 1622n; 31 U.S.C. 9701; 7 CFR 2.22, 2.80,

and 371.2(c).

Done in Washington, DC, this 24th day of

September 1997.

Terry L. Medley,

Aministrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–25858 Filed 9–29–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–831]

Fresh Garlic From the People’s

Republic of China; Final Results of

Antidumping Duty Administrative

Review and Partial Termination of

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Results of

Antidumping Duty Administrative

Review.

SUMMARY: On June 20, 1997, the

Department of Commerce published the

preliminary results of administrative

review of the antidumping duty order

on fresh garlic from the People’s

Republic of China. The review covers

nine producers/exporters of subject

merchandise. The period of review is

November 1, 1995, through October 31,

1996.

We gave interested parties an

opportunity to comment on the

preliminary results. Since we received

no comments from interested parties,

the final results are the same as our

preliminary results. The final dumping

margin is listed below the section

entitled ‘‘Final Results of the Review.’’

EFFECTIVE DATE: September 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Andrea Chu or Robin Gray, Office of

AD/CVD Enforcement, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

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

telephone (202) 482–4733.

SUPPLEMENTARY INFORMATION:

Applicable Statute

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Tariff Act), are references

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 to19 CFR

Part 353 (April 1997).

Background

On June 20, 1997, the Department

published the preliminary results of

administrative review (62 FR 33601) of

the antidumping duty order on fresh

garlic from the PRC (November 16,

1994, 59 FR 59209). Because we

determined that one named respondent,

Rizhao Hanxi Fisheries &

Comprehensive Development Co., Ltd.,

failed to submit a complete response to

our questionnaire and the remaining

named respondents failed to respond at

all to our questionnaires, we

preliminarily determined to use facts

otherwise available for cash deposit and

assessment purposes for all PRC

producers/exporters of the subject

merchandise. We received no comments

from interested parties on our

preliminary results.

We have conducted this

administrative review in accordance

with section 751 of the Tariff Act.

Scope of the Review

The products subject to this

antidumping duty order are all grades of

garlic, whole or separated into

constituent cloves, whether or not

peeled, fresh, chilled, frozen,

provisionally preserved, or packed in

water or other neutral substance, but not

prepared or preserved by the addition of

other ingredients or heat processing.

The differences between grades are

based on color, size, sheathing and level

of decay.

The scope of this order does not

include: (a) garlic that has been

mechanically harvested and that is

primarily, but not exclusively, destined

for non-fresh use; or (b) garlic that has

been specially prepared and cultivated

prior to planting and then harvested and

otherwise prepared for use as seed.

The subject merchandise is used

principally as a food product and for

seasoning. The subject garlic is

currently classifiable under subheadings

0703.20.0000, 0710.80.7060,

0710.80.9750, 0711.90.6000, and

2005.90.9500 of the Harmonized Tariff

Schedule of the United States (HTSUS).

Although the HTSUS subheadings are

provided for convenience and customs

purposes, our written description of the

scope of this proceeding is dispositive.

In order to be excluded from the

antidumping duty order, garlic entered

under the HTSUS subheadings listed

above that is (1) mechanically harvested

and primarily, but not exclusively,

destined for non-fresh use or (2)

specially prepared and cultivated prior

to planting and then harvested and

otherwise prepared for use as seed must

be accompanied by declarations to the

Customs Service to that effect.

Final Results of the Review

As a result of our review, we

determine that a margin of 376.67

percent exists for all producers/

exporters of the subject merchandise

from the PRC for the period November

1, 1995 through October 31, 1996.

The Department shall determine, and

the Customs Service shall assess,

antidumping duties on all appropriate

entries. The Department will issue

appraisement instructions directly to

the Customs Service.

Furthermore, the following cash

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

for by section 751(a)(1) of the Tariff Act:

(1) for all PRC exporters, all of which

were found not to be entitled to separate

rates, the cash deposit will be 376.67

percent; and (2) for other non-PRC

exporters of subject merchandise from

the PRC, the cash deposit rate will be

the rate applicable to the PRC supplier

of that exporter. These deposit

requirements shall remain in effect until

publication of the final results of the

next administrative review.

This notice serves as a reminder to

importers of their responsibility under

19 CFR 353.26 to file a certificate

regarding the reimbursement of

antidumping duties prior to liquidation
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Notices 51083

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 (APO) of their

responsibility concerning disposition of

proprietary information disclosed under

APO in accordance with 19 CFR

353.34(d). 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 Tariff Act (19 U.S.C. 1675(a)(1))

and 19 CFR 353.22 (1997).

Dated: September 11, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–25784 Filed 9–29–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Western Michigan University; Notice of

Decision on Application for Duty-Free

Entry of Scientific Instrument

This decision is made pursuant to

Section 6(c) of the Educational,

Scientific, and Cultural Materials

Importation Act of 1966 (Pub. L. 89–

651, 80 Stat. 897; 15 CFR part 301).

Related records can be viewed between

8:30 A.M. and 5:00 P.M. in Room 4211,

U.S. Department of Commerce, 14th and

Constitution Avenue, N.W.,

Washington, D.C.

Docket Number: 97–053. Applicant:

Western Michigan University,

Kalamazoo, MI 49008–5167. Instrument:

Electron Energy Analyzer.

Manufacturer: Scienta Instrument AB,

Sweden. Intended Use: See notice at 62

FR 40334, July 28, 1997.

Comments: None received. Decision:

Approved. No instrument of equivalent

scientific value to the foreign

instrument, for such purposes as it is

intended to be used, is being

manufactured in the United States.

Reasons: The foreign instrument

provides highest energy resolution of

5.0 meV with resolving power to 1500.

The National Institute of Standards and

Technology and Brookhaven National

Laboratory advised on May 27, 1997

that (1) these capabilities are pertinent

to the applicant’s intended purpose and

(2) they know of no domestic

instrument or apparatus of equivalent

scientific value to the foreign

instrument for the applicant’s intended

use (comparable case).

We know of no other instrument or

apparatus of equivalent scientific value

to the foreign instrument which is being

manufactured in the United States.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 97–25785 Filed 9–29–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[Docket No. 970829215–7215–01]

RIN 0648–ZA34

NOAA Pan-American Climate Studies

(PACS), Program Announcement

AGENCY: Office of Global Programs,

National Oceanic and Atmospheric

Administration, Commerce.

ACTION: Notice.

SUMMARY: The Pan-American Climate

Studies (PACS) Program is a

contribution to the National Oceanic

and Atmospheric Administration

(NOAA) Climate and Global Change

Program, and as such is designed to

improve our ability to observe,

understand, predict, and respond to

changes in the global environment. This

program builds on NOAA’s mission

requirements and longstanding

capabilities on global change research

and prediction. The PACS Program is a

contributing element of the U.S. Global

Change Research Program (USGCRP),

which is coordinated by the interagency

Committee on Environmental and

Natural Resources. NOAA’s program is

designed to complement other agency

contributions to that national effort. The

PACS Program has a timeframe of 1995–

2004.

DATES: Strict deadlines for submission

to the FY 1998 process are: Letters of

intent must be received at OGP no later

than Friday, October 3, 1997. Full

proposals must be received at OGP no

later than Friday, December 5, 1997.

Applicants who have not received a

response to their letter of intent by

Friday, October 17, 1997 should contact

Michael Patterson at, 301–427–2089 ext.

12, patterson@ogp.noaa.gov; Andrea

Ray, 303–497–6000, ajr@cdc.noaa.gov;

or Roxane Ronca, 301–427–2089 ext.

507, ronca@ogp.noaa.gov. We anticipate

that review of full proposals will occur

during early 1998 and funding should

begin during the spring of 1998 for most

approved projects. May 1, 1998, should

be used as the proposed start date on

proposals, unless otherwise directed by

a program manager. Applicants should

be notified of their status within 6

months. All proposals must be

submitted in accordance with the

guidelines below. Failure to heed these

guidelines may result in proposals being

returned without review.

ADDRESSES: Proposals may be submitted

to: Office of Global Programs, National

Oceanic and Atmospheric

Administration, 1100 Wayne Avenue,

Suite 1225, Silver Spring, MD 20910–

5603, Attn.: Michael Patterson.

FOR FURTHER INFORMATION CONTACT:

Michael Patterson at the above address,

301–427–2089, ext. 12,

patterson@ogp.noaa.gov; Andrea Ray,

303–497–6000, ajr@cdc,noaa.gov; or

Roxane Ronca, 301–427–2089, ext. 507,

ronca@ogp.noaa.gov.

SUPPLEMENTARY INFORMATION:

Funding Availability

This Program Announcement is for

projects to be conducted by

investigators both inside and outside of

NOAA, over a period of up to three

years. Actual funding levels will depend

upon the final FY 1998 budget

appropriations, current plans are for

approximately $1.2 million to be

available for new (or renewing) PACS

awards. The funding instrument for

extramural awards will be a grant unless

it is anticipated that NOAA will be

substantially involved in the

implementation of the project, in which

case the funding instrument should be

a cooperative agreement. Examples of

substantial involvement may include

but are not limited to proposals for

collaboration between NOAA or NOAA

scientists and a recipient scientist or

technician and/or contemplation by

NOAA of detailing Federal personnel to

work on proposed projects. NOAA will

make decisions regarding the use of a

cooperative agreement on a case-by-case

basis. Funding for non-U.S. institutions

and contractual arrangements for

services and products for delivery to

NOAA are not available under this

announcement. Matching share is not

required by this program.

Program Authority

Authority: 49 U.S.C. 44720(b); 33 U.S.C.

883d, 883e; 15 U.S.C. 2904; 15 U.S.C. 2931

et seq.