Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Notices 54833

The Office of Export Trading

Company Affairs (‘‘OETCA’’) is issuing

this notice pursuant to 15 CFR 325.6(b),

which requires the Department 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. 88–00013 was issued to CISA ETG

on October 19, 1988 (53 FR 43253,

October 26, 1988) and previously

amended on May 31, 1990 (55 FR

23123, June 6, 1990); and December 16,

1991 (57 FR 883, January 9, 1992).

CISA ETG’s Export Trade Certificate

of Review has been amended. The only

change in the CISA ETG Certificate was

in its membership. The members of the

CISA ETG Certificate are as follows:

(a) Ajax Magnethermic Corporation of

Warren, OH;

(b) Allied Minerals Products, Inc. of

Columbus, OH;

(c) American Colloid Company of

Arlington Heights, IL;

(d) Ashland Chemical Company of

Columbus, OH, and its controlling

entity Ashland Oil, Inc. of Ashland, KY;

(e) Borden Chemical, Inc. for the

activities of its Foundry and Industrial

Products Divisions of Westchester, IL;

(f) Centrifugal Casting Machine

Company, Inc. of Tulsa, OK;

(g) Delta Resins & Refractories, Inc. of

Milwaukee, WI;

(h) Didion Manufacturing Company of

St. Peters, MO;

(i) Eirich Machines, Inc. of Gurnee, IL;

(j) Equipment Merchants Int’l, Inc. of

Cleveland, OH;

(k) Fargo Wear, Inc. of Detroit, MI;

(l) General Kinematics Corporation of

Barrington, IL;

(m) George Fischer Disa, Inc. of Holly,

MI;

(n) Hartley Controls Corporation of

Neenah, WI, and its controlling entity

the Neenah Corporation of Neenah, WI;

(o) Hickman, Williams & Company of

Livonia, MI;

(p) Hunter Automated Machinery

Corporation of Schaumburg, IL;

(q) Palmer Manufacturing Company of

Springfield, OH;

(r) Roberts Sinto Corporation of

Lansing, MI;

(s) Sand Mold Systems, Inc. of

Newaygo, MI;

(t) Simpson Technologies Corp. of

Aurora, IL;

(u) Superior Graphite Company of

Chicago, IL;

(v) Thermtronix Corporation of

Adelanto, CA;

(w) Vulcan Engineering Company of

Helena, AL; and

(x) U.S. Filter/Wheelabrator Corp. of

LaGrange, GA;

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: October 16, 1997.

Morton Schnabel,

Acting Director, Office of Export Trading

Company Affairs.

[FR Doc. 97–27925 Filed 10–21–97; 8:45 am]

BILLING CODE 3510–DR–M

DEPARTMENT OF COMMERCE

International Trade Administration

North American Free-Trade Agreement

(NAFTA), Article 1904 Binational Panel

Reviews

AGENCY: NAFTA Secretariat, United

States Section, International Trade

Administration, Department of

Commerce.

ACTION: Notice of Binational Panel

decision.

SUMMARY: On September 15, 1997 the

Binational Panel issued its second

decision in the review of the final

antidumping duty administrative review

made by the Secretaria de Comercio y

Fomento Industrial de Mexico (SECOFI)

respecting Flat Coated Sheet Products

from the United States, Secretariat File

No. MEX–94–1904–01. The Binational

Panel unanimously affirmed in part and

remanded in part the agency’s remand

determination. A copy of the complete

Panel decision in Spanish or English is

available from the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States

Secretary, NAFTA Secretariat, Suite

2061, 14th and Constitution Avenue,

Washington, D.C. 20230, (202) 482–

5438.

SUPPLEMENTARY INFORMATION: Chapter

19 of the North American Free-Trade

Agreement (‘‘Agreement’’) establishes a

mechanism to replace domestic judicial

review of final determinations in

antidumping and countervailing duty

cases involving imports from a NAFTA

country with review by independent

binational panels. When a Request for

Panel Review is filed, a panel is

established to act in place of national

courts to review expeditiously the final

determination to determine whether it

conforms with the antidumping or

countervailing duty law of the country

that made the determination.

Under Article 1904 of the Agreement,

which came into force on January 1,

1994, the Government of the United

States, the Government of Canada and

the Government of Mexico established

Rules of Procedure for Article 1904

Binational Panel Reviews (‘‘Rules’’).

These Rules were published in the

Federal Register on February 23, 1994

(59 FR 8686). The Binational Panel

review in this matter was conducted in

accordance with these Rules.

BACKGROUND: On September 1, 1994

Inland Steel Company and USX

Corporation filed a First Request for

Panel Review with the Mexican Section

of the NAFTA Secretariat pursuant to

Article 1904 of the North American Free

Trade Agreement. Panel review was

requested of the final antidumping

determination that was published in the

Diario Oficial on August 2, 1994.

Complaints were filed by Inland, USX,

Bethlehem Steel Corporation, LTV Steel

Company, New Process Steel

Corporation and Industrias Monterrey,

S.A. de C.V. (IMSA). Briefs were filed by

all participants and oral argument was

held in accordance with the Rules.

First Panel Decision

In its first decision, issued on

September 27, 1996, the Binational

Panel unanimously affirmed in part and

remanded in part the final

determination. In its Order the panel

affirmed all aspects of the final

determination except for several specific

instructions to SECOFI to take further

actions. The Panel Order then

enumerated specific actions involving

competence and formality requirements,

dumping issues, and injury issues. The

Panel directed SECOFI, on remand, to

comply with the specific instructions

within 120 days of the date of the

Decision.

Second Panel Decision

On April 30, 1997, SECOFI filed its

determination on remand. Challenges

were timely filed by two interested

parties, New Process Steel Corp. and

Inland Steel. New Process challenged

certain dumping findings and Inland

sought to have its dumping margin

conformed to any recalculation of New

Process’s dumping margin. After review

of all relevant information and written

arguments made by counsel for the

participants, the Panel issued its second

decision on September 15, 1997. The

Panel remanded the determination on

remand to SECOFI to do the following:
54834 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Notices

(1) Fully inform New Process of all

missing information and of all needed

clarifications regarding proposed

calculations of hand labor cost,

overhead expense, profit and credit

expenses for New Process, and

regarding product exclusions for New

Process;

(2) Give New Process an opportunity

to provide additional information and to

make clarifications regarding proposed

calculations of hand labor cost,

overhead expense, profit and credit

expense, and regarding product

exclusions;

(3) Based on the above, make new

dumping calculations for New Process

and for Inland.

The panel affirmed SECOFI’s Remand

Results of April 30, 1997, with respect

to the allocation of raw material costs of

New Process and in all other respects

not addressed above. The Panel ordered

the second remand determination to be

completed within 120 days of the date

of the opinion (by not later than January

13, 1998).

Dated: October 14, 1997.

James R. Holbein,

United States Secretary, NAFTA Secretariat.

[FR Doc. 97–27721 Filed 10–21–97; 8:45 am]

BILLING CODE 3510–GT–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 September 29, 1997

Electroquimica Mexicana S.A. de C.V.

filed a First Request for Panel Review

with the Mexican Section of the NAFTA

Secretariat pursuant to Article 1904 of

the North American Free Trade

Agreement. Panel review was requested

of the final countervailing

determination made by the Secretaria de

Comercio y Fomento Industrial,

respecting Hydrogen Peroxide

Originating in the United States of

America. This determination was

published in the Diario Oficial de la

Federacion on September 2, 1997. The

NAFTA Secretariat has assigned Case

Number MEX–97–1904–01 to this

request.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States

Secretary, NAFTA Secretariat, Suite

2061, 14th and Constitution Avenue,

Washington, D.C. 20230, (202) 482–

5438.

SUPPLEMENTARY INFORMATION: Chapter

19 of the North American Free-Trade

Agreement (‘‘Agreement’’) establishes a

mechanism to replace domestic judicial

review of final determinations in

antidumping and countervailing duty

cases involving imports from a NAFTA

country with review by independent

binational panels. When a Request for

Panel Review is filed, a panel is

established to act in place of national

courts to review expeditiously the final

determination to determine whether it

conforms with the antidumping or

countervailing duty law of the country

that made the determination.

Under Article 1904 of the Agreement,

which came into force on January 1,

1994, the Government of the United

States, the Government of Canada and

the Government of Mexico established

Rules of Procedure for Article 1904

Binational Panel Reviews (‘‘Rules’’).

These Rules were published in the

Federal Register on February 23, 1994

(59 FR 8686).

A first Request for Panel Review was

filed with the Mexican Section of the

NAFTA Secretariat, pursuant to Article

1904 of the Agreement, on September

29, 1997, requesting panel review of the

final antidumping duty investigation

described above.

The Rules provide that:

(a) a Party or interested person may

challenge the final determination in

whole or in part by filing a Complaint

in accordance with Rule 39 within 30

days after the filing of the first Request

for Panel Review (the deadline for filing

a Complaint is October 29, 1997);

(b) a Party, investigating authority or

interested person that does not file a

Complaint but that intends to appear in

support of any reviewable portion of the

final determination may participate in

the panel review by filing a Notice of

Appearance in accordance with Rule 40

within 45 days after the filing of the first

Request for Panel Review (the deadline

for filing a Notice of Appearance is

November 13, 1997); and

(c) the panel review shall be limited

to the allegations of error of fact or law,

including the jurisdiction of the

investigating authority, that are set out

in the Complaints filed in the panel

review and the procedural and

substantive defenses raised in the panel

review.

Dated: October 14, 1997.

James R. Holbein,

United States Secretary NAFTA Secretariat.

[FR Doc. 97–27722 Filed 10–21–97; 8:45 am]

BILLING CODE 3510–GT–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 101497B]

American Lobster; Intent to Prepare an

Environmental Impact Statement

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of intent (NOI) to prepare

an environmental impact statement

(EIS); request for written comments.

SUMMARY: NMFS announces its intent to

prepare an EIS to assess the impact on

the natural and human environment of

possible measures to manage fishing for

American lobster in the U.S. Exclusive

Economic Zone (EEZ). This NOI

requests public input in the form of

written comments on issues that NMFS

should consider in preparing the EIS.

Specifically, the EIS will examine

alternatives available to NMFS in

addressing the overfishing of American

lobsters in the EEZ as well as state

waters, including specific

recommendations to the Secretary of

Commerce (Secretary) by the Atlantic

States Marine Fisheries Commission

(ASMFC) in its proposed Amendment 3

to the Interstate Fishery Management

Plan for Lobster. Public hearings for the

EIS will be scheduled at a later date.

DATES: Written comments on the intent

to prepare the EIS must be received on

or before November 20, 1997. Public

hearings will be announced in the

Federal Register at a later date.

ADDRESSES: Comments should be sent

to: Andrew A. Rosenberg, Ph.D.,

Regional Administrator, Northeast

Region, NMFS, One Blackburn Drive,

Gloucester, MA 01930-3799.

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, Fishery Policy Analyst, 978-

281-9273.

SUPPLEMENTARY INFORMATION:

Background

On March 27, 1996 (61 FR 13478),

NMFS published a proposed rule

requesting comments on its initial

determination to withdraw approval of

the American Lobster Fishery

Management Plan (FMP) under the

Magnuson-Stevens Fishery