Federal Register / Vol. 62, No. 200 / Thursday, October 16, 1997 / Notices 53821

highest calculated rate from this

proceeding (29.89%) is the cash deposit

rate currently assigned to Thai Union,

which has been carried forward from

the 1987–1988 administrative review.

Based on the facts of this case, we find

that assignment of Thai Union’s existing

cash deposit rate would be insufficient

to effectuate the purpose of the facts

available rule. We therefore selected a

higher rate, the average of the estimated

margins in the petition (37.55%).

Nor do we agree with Thai Union’s

contention that assignment of 37.55% is

inappropriately punitive because it is

‘‘demonstrably less probative of current

conditions.’’ Section 776(c) authorizes

the use of secondary information, which

includes information derived from the

petition, as a source of facts available,

and the SAA explicitly states that the

Department may rely upon information

contained in the petition when making

adverse inferences under section 776(b)

of the Act. SAA, at 870. Therefore, the

statute and SAA clearly envision the use

of petition margins as the source of

adverse total facts available, and there is

no requirement that the Department

prove that a petition margin is ‘‘more

probative’’ than any other rate

calculated during the particular

proceeding. In fact, the SAA emphasizes

that the Department need not ‘‘prove

that the facts available are the best

alternative information.’’ SAA at 869.

The corroboration requirement

contained in section 776(c) serves the

purpose of assessing the probative value

of the selected secondary information.

To this end, when the Department relies

on petition margins or calculated rates

as total facts available, our practice is to

evaluate the reliability and relevance of

the information used as a measure of

probative value. See, e.g., Tapered

Roller Bearings and Parts Thereof,

Finished and Unfinished from Japan

and Tapered Roller Bearings, Four

Inches or Less In Outside Diameter, and

Components Thereof, from Japan: Final

Results of Antidumping Duty

Administrative Reviews, 62 FR 11825

(March 13, 1997); Notice of Final

Determination of Sales at Less Than

Fair Value: Certain Pasta from Turkey,

61 FR 30309 (June 14, 1996).

In this case, as explained in the

preliminary results, we determined that

the petition margins are reliable because

they were derived from price quotes,

U.S. Customs data, import and export

statistics, and other public information

contemporaneous with the period of

investigation. See Antidumping Duty

Petition, February 28, 1985;

Memorandum for Alan F. Holmer from

Gilbert B. Kaplan, March 20, 1985. We

also determined that the petition

margins are relevant because there is no

information on the record that

demonstrates that 37.55% is not an

appropriate total adverse facts available

rate for Thai Union. See e.g., Certain

Welded Stainless Steel Pipe From

Taiwan; Final Results of Administrative

Review, 62 FR 37543, 37555 (July 14,

1997).

Final Results of the Review

As a result of this review, we have

determined that the following weightedaverage dumping margins exist for the

period March 1, 1995, through February

29, 1996:

Manufacturer/exporter Period

Margin

(percent)

Saha Thai/SAF/

Thai Tube/Thai

Hong ................ 3/1/95–2/29/96 29.89

Thai Union ........... 3/1/95–2/29/96 37.55

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 review for all shipments of certain

welded carbon steel pipes and tubes

from Thailand, 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 the

reviewed companies named above

which have separate rates will be the

rates for those firms as stated above; (2)

for previously investigated companies

not listed above, the cash deposit rate

will continue to be the companyspecific rate published for the most

recent period; (3) if the exporter is not

a firm covered in these reviews, or the

original LTFV investigations, 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) if neither the

exporter nor the manufacturer is a firm

covered in these reviews, the cash

deposit rate for this case will continue

to be 15.67 percent, the ‘‘All Others’’

rate made effective by the LTFV

investigation. These deposit

requirements 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 also serves as a reminder

to parties subject to administrative

protective order (‘‘APO’’) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with section 353.34(d) of the

Department’s regulations. Timely

notification of 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

§ 353.22 of the Department’s

regulations.

Dated: October 7, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–27471 Filed 10–15–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 100697C]

Advisory Committee to the U.S.

Section of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT); Fall Meeting

and Notice of Availability of Statement

of Operating Practices and Procedures

(SOPP)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting and of

availability of SOPP.

SUMMARY: The Advisory Committee to

the U.S. Section of ICCAT will hold its

annual fall meeting on November 2–4,

1997. In addition, the Advisory

Committee has finalized its SOPP and is

announcing the availability of this

document to the public.

DATES: The open sessions will be held

on November 2, 1997, from 1 p.m. to 6

p.m. and November 3, 1997, from 8 a.m.

to 12:45 p.m. Closed sessions will be

held on November 3 from 1:45 p.m. to

6 p.m. and on November 4 from 8 a.m.
53822 Federal Register / Vol. 62, No. 200 / Thursday, October 16, 1997 / Notices

to 1 p.m. Written comments should be

received no later than October 31, 1997.

ADDRESSES: The meeting will be held at

NOAA Headquarters, 1315 East-West

Highway (Silver Spring Metro Center

Building 3), Silver Spring, MD 20910 in

conference room 4527. Written

comments should be sent to Kim

Blankenbeker, Executive Secretary to

the Advisory Committee, NOAA -

Fisheries, 1315 East-West Highway,

Silver Spring, MD 20910. Copies of the

Advisory Committee’s SOPP also can be

requested by writing the Committee’s

Executive Secretary.

FOR FURTHER INFORMATION CONTACT: Kim

Blankenbeker, (301) 713-2276.

SUPPLEMENTARY INFORMATION: The

Advisory Committee to the U.S. Section

to ICCAT will meet in two open

sessions to consider information being

presented on stock status of highly

migratory species and 1997 management

recommendations of ICCAT’s Standing

Committee on Research and Statistics

(SCRS). Also in the open sessions, the

Advisory Committee will review and

consider 1996 ICCAT meeting

accomplishments, reports of ICCAT’s

intersessional meetings, results of the

Committee’s regional meetings, and

implementation of 1996 and prior

ICCAT recommendations and

resolutions. Furthermore, the

Committee will review highly migratory

species research and management

activities, including an overview of the

status of recommendations resulting

from the Advisory Committee’s 1997

Species Working Group Workshop. Both

sessions will be open to the public;

however, the November 2 session will

be the only opportunity for public

comment. Written comments are

encouraged and, if mailed, should be

received by October 31, 1997, (See

ADDRESSES). They can also be submitted

during the open sessions of the

Advisory Committee meeting.

The Advisory Committee will meet in

closed session to discuss sensitive

information, the discussion of which

relates to U.S. negotiating positions to

be taken at the Fifteenth Regular

Meeting of the Commission to be held

in Madrid, Spain, November 14–21,

1997. The Advisory Committee will

discuss various options for the U.S.

negotiating position during the closed

sessions. Accordingly, the

determination has been made that the

Committee shall go into executive

session for the afternoon session of

November 3 and for the entire

November 4 session.

The Atlantic Tunas Convention Act

requires that the Advisory Committee

draft its SOPP and make the document

available to the general public. The

Advisory Committee has finalized this

document. It specifies the processes

governing the Committee as a whole, its

sub-groups, and its meetings, and it

spells out Committee member functions.

Members of the public that are

interested in receiving a copy of the

SOPP should write to the Advisory

Committee’s Executive Secretary (see

ADDRESSES).

Special Accommodations

The meeting locations are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to Kim Blankenbeker

at (301) 713–2276 at least 5 days prior

to the meeting date.

Dated: October 10, 1997.

Bruce Morehead,

Deputy Director, Office of Sustainable

Fisheries.

[FR Doc. 97–27357 Filed 10–15–97; 8:45 am]

BILLING CODE 3510–22–F

COMMISSION OF FINE ARTS

Notice of Meeting

The Commission of Fine Arts’

meeting scheduled for October 16, 1997

has been cancelled. The next meeting is

scheduled for November 20, 1997 at 10

a.m. in the Commission’s offices in the

Pension Building, Suite 312, Judiciary

Square, 441 F Street, NW., Washington,

DC 20001 to discuss various projects

affecting the appearance of Washington,

DC.

Inquiries regarding the agenda and

requests to submit written or oral

statements should be addressed to

Charles H. Atherton, Secretary,

Commission of Fine Arts, at the above

address or call 202–504–2200.

Dated in Washington, DC, October 8, 1997.

Charles H. Atherton,

Secretary.

[FR Doc. 97–27326 Filed 10–15–97; 8:45 am]

BILLING CODE 6330–01–M

COMMITTEE FOR THE

IMPLEMENTATION OF TEXTILE

AGREEMENTS

Adjustment of Import Limits for Certain

Cotton and Man-Made Fiber Textile

Products Produced or Manufactured in

Qatar

October 9, 1997.

AGENCY: Committee for the

Implementation of Textile Agreements

(CITA).

ACTION: Issuing a directive to the

Commissioner of Customs increasing

limits.

EFFECTIVE DATE: October 16, 1997.

FOR FURTHER INFORMATION CONTACT:

Janet Heinzen, 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 Categories 340/

640, 341/641 and 347/348 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 58390, published on

November 14, 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

implementation of certain of their

provisions.

Troy H. Cribb,

Chairman, Committee for the Implementation

of Textile Agreements.

Committee for the Implementation of Textile

Agreements

October 9, 1997.

Commissioner of Customs,

Department of the Treasury, Washington, DC

20229.

Dear Commissioner: This directive

amends, but does not cancel, the directive

issued to you on November 7, 1996, by the

Chairman, Committee for the Implementation

of Textile Agreements. That directive

concerns imports of certain cotton and manmade fiber textile products, produced or

manufactured in Qatar and exported during

the twelve-month period beginning on

January 1, 1997 and extending through

December 31, 1997.

Effective on October 16, 1997, you are

directed to increase the current limits for the

following categories, as provided for under

the Uruguay Round Agreements Act and the

Uruguay Round Agreement on Textiles and

Clothing: