Federal Register / Vol. 62, No. 4 / Tuesday, January 7, 1997 / Notices 973

rate for all other manufacturers or

exporters will continue to be the ‘‘all

others’’ rate made effective by the final

results of the 1991–1992 administrative

review of this order (see Elemental

Sulphur from Canada: Final Results of

Administrative Review, 61 FR 8239,

8252 (March 4, 1996)). As noted in those

final results, the Department determined

this rate to be 5.56 percent. These

deposit requirements, when imposed,

shall remain in effect until publication

of the final results of the next

administrative reviews.

This notice also serves as a

preliminary 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 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: December 30, 1996.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–296 Filed 1–6–97; 8:45 am]

BILLING CODE 3510–DS–P

[A–588–839]

Suspension of Antidumping Duty

Investigation: Sodium Azide From

Japan

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: The Department of Commerce

(the Department) has suspended the

antidumping duty investigation

involving sodium azide from Japan. The

basis for this action is an agreement

between the Department and producers/

exporters accounting for substantially

all imports of sodium azide from Japan

wherein each signatory producer/

exporter has agreed either to revise its

prices to eliminate completely sales of

this merchandise to the United States at

less than fair value or to cease exports

of this merchandise to the United States.

EFFECTIVE DATE: January 7, 1997.

FOR FURTHER INFORMATION CONTACT:

William H. Crow II or Michelle A.

Frederick, Office of AD/CVD

Enforcement II, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th &

Constitution Avenue N.W., Washington,

D.C. 20230; telephone (202) 482–0116 or

(202) 482–4162, respectively.

SUPPLEMENTARY INFORMATION:

Background

On February 5, 1996, the Department

initiated an antidumping investigation

under section 732 of the Tariff Act of

1930, (the Act), as amended, to

determine whether imports of sodium

azide from Japan are being or are likely

to be sold in the United States at less

than fair value (61 FR 4959 (February 9,

1996)). On March 8, 1996, the United

States International Trade Commission

(ITC) notified the Department of its

affirmative preliminary injury

determination (see ITC Investigation No.

731–TA–740). On August 9, 1996, the

Department preliminarily determined

that sodium azide is being, or is likely

to be, sold in the United States at less

than fair value (LTFV), as provided in

section 733 of the Tariff Act of 1930, as

amended by the Uruguay Round

Agreements Act (61 FR 42585, (August

16, 1996)).

The Commerce Department and the

Japanese producers of sodium azide

initialed a proposed agreement

suspending this investigation on

November 13, 1996. On that date, we

invited interested parties to provide

written comments on the agreement. On

December 20, 1996, American Azide

Corporation, the petitioner, filed

comments with the Department.

The Department and the signatory

producers/exporters of sodium azide

from Japan signed the final suspension

agreement on December 26, 1996.

Scope of Investigation

The product covered by this

investigation is sodium azide (NaN3)

regardless of use, and whether or not

combined with silicon oxide (SiO2) or

any other inert flow assisting agent. The

merchandise under investigation is

currently classifiable under item

2850.00.50.00 of the Harmonized Tariff

Schedule of the United States (HTSUS).

Although the HTSUS subheading is

provided for convenience and customs

purposes, our written description of the

scope of this investigation is dispositive.

Interested Party Comments

Having analyzed all comments filed

by interested parties, we conclude that

the Agreement meets the requirements

of the statute. The petitioner raised the

following concerns:

First, the petitioner emphasized that

the agreement, in its opinion, was in the

public interest, and stated its reasons for

this conclusion. Second, the petitioner

requested that the Department revise the

language in the proposed agreement to

identify product types by physical

characteristics and not by end use, in

order to preclude possible future

circumvention of the agreement. Third,

the petitioner asked the Department to

ensure that the language of the

agreement reflect the statutory

definition of profit for constructed

value, whereby the Department would

base profit ‘‘only on amounts realized in

connection with sales in the ordinary

course of trade.’’

As to the first point, the Department

agrees that this agreement is in the

public interest, as outlined in the

December 26, 1996, memorandum from

David Mueller, Director of the Office of

Policy, to Robert S. LaRussa, Acting

Assistant Secretary for Import

Administration (‘‘Public Interest

Memorandum’’). With respect to the

second point, the Department has

modified the product type language in

the final agreement using physical

characteristics to define such types.

Third, the Department has added

citations to the statute in the agreement

in order to define profit for constructed

value.

Suspension of Investigation

The Department consulted with the

parties to the proceeding and has

considered the comments submitted

with respect to the proposed suspension

agreement. In accordance with section

734(b) of the Act, we have determined

that the agreement will either eliminate

exports of this merchandise to the

United States or eliminate completely

sales of this merchandise to the United

States at less than fair value, that the

agreement is in the public interest, and

that the agreement can be monitored

effectively. See December 26, 1996,

Public Interest Memorandum. We find,

therefore, that the criteria for

suspension of an investigation pursuant

to section 734(b) of the Act have been

met. The terms and conditions of this

agreement, signed December 26, 1996,

are set forth in Annex 1 to this notice.

Pursuant to section 734(f)(2)(A) of the

Act, effective January 7, 1997, the

suspension of liquidation of all entries

of sodium azide from Japan entered or

withdrawn from warehouse, for

consumption, as directed in our notice

of ‘‘Preliminary Determination of Sales

at Less Than Fair Value and

Postponement of the Final

Determination: Sodium Azide from

Japan’’ is hereby terminated. Any cash

deposits on entries of sodium azide

from Japan pursuant to that suspension

of liquidation shall be refunded and any

bonds shall be released.
974 Federal Register / Vol. 62, No. 4 / Tuesday, January 7, 1997 / Notices

Notwithstanding the suspension

agreement, the Department will

continue the investigation if it receives

a request in accordance with section

734(g) of the Act within 20 days after

the date of publication of this notice.

This notice is published pursuant to

section 734(f)(1)(A) of the Act.

Dated: December 30, 1996.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

Annex 1: Suspension Agreement:

Sodium Azide From Japan

Under section 734(b) of the Tariff Act

of 1930, as amended (19 U.S.C. 1673c)

(‘‘the Act’’), and 19 CFR 353.18, the U.S.

Department of Commerce (‘‘the

Department’’) and the signatory

producers/exporters of sodium azide

from Japan enter into this suspension

agreement (‘‘the Agreement’’). On the

basis of the Agreement, the Department

shall suspend its antidumping

investigation initiated on February 9,

1996 (61 FR 4959) of sodium azide from

Japan, subject to the terms and

provisions set forth below.

A. Product Coverage

(1) The merchandise subject to the

Agreement is sodium azide (NaN3),

regardless of use, and whether or not

combined with silicon oxide (SiO2) or

any other inert flow assisting agent, that

has Japan as its origin.

(2) Sodium azide is presently

classifiable under subheading

2850.00.50.00 of the Harmonized Tariff

Schedule of the United States

(‘‘HTSUS’’).

(3) Sodium azide is presently

classifiable under subheading

2850.00.50.00 of the Harmonized Tariff

Schedule of the United States

(‘‘HTSUS’’). The products covered are

sodium azide regardless of form, dose,

or purity. Sodium azide includes, but is

not limited to: (1a) ground sodium azide

with flow assisting agents (hereinafter

referred to as ground airbag sodium

azide); (1b) unground sodium azide

with flow assisting agents (hereinafter

referred to as unground airbag sodium

azide); and (2) sodium azide without

flowing agents, hereinafter referred to as

sodium azide for pharmaceutical use.

B. U.S. Import Coverage

(1) The signatory producers/exporters

collectively are the producers and

exporters in Japan that, during the

antidumping investigation of the

merchandise subject to the Agreement,

accounted for substantially all (not less

than 85 percent) of the subject

merchandise imported into the United

States, as provided in the Department’s

regulations. The Department may at any

time during the period of the Agreement

require additional producers/exporters

in Japan to sign the Agreement in order

to ensure that not less than substantially

all imports into the United States are

covered by the Agreement.

(2) In reviewing the operation of the

Agreement for the purpose of

determining whether the Agreement has

been violated or is no longer in the

public interest, the Department will

consider imports into the United States

from all sources of the merchandise

described in section A of the

Agreement. For this purpose, the

Department will consider factors

including, but not limited to, the

following: Volume of trade, pattern of

trade, and the reseller’s export price.

C. Basis of the Agreement

(1) This Agreement is entered into

pursuant to 19 U.S.C. 1673c(b). On or

after the effective date of the Agreement,

each signatory producer/exporter

individually agrees either to make any

necessary price revisions to eliminate

completely any amount by which the

normal value (‘‘NV’’) exceeds the U.S.

price of its merchandise subject to the

Agreement or to cease exports of its

merchandise subject to the Agreement.

The Department will determine the NV

in accordance with section 773(e) of the

Act and U.S. price in accordance with

section 772 of the Act.

(2) For sales occurring on or after the

effective date of the Agreement through

May 31, 1997, each signatory producer/

exporter agrees not to sell merchandise

subject to the Agreement to unaffiliated

purchasers to the United States at prices

that are less than the merchandise’s

normal value as determined by the

Department based on the cost

information for the period of

investigation, April 1, 1995-March 31,

1996, already submitted to the

Department.

(3) Starting June 1, 1997 and each

semi-annual period thereafter beginning

on June 1 and December 1, each

signatory producer/exporter agrees not

to sell merchandise subject to the

Agreement to any unaffiliated purchaser

to the United States at prices that are

less than the merchandise’s NV for that

time period or to cease exports of its

merchandise subject to this Agreement.

D. Monitoring

Each signatory producer/exporter will

supply to the Department all

information that the Department deems

necessary to ensure that the producer/

exporter is in full compliance with the

terms of the Agreement.

1. U.S. Sales Reporting

(1) The Department will require each

signatory producer/exporter to report on

a quarterly basis whether or not it has

had sales or shipments to the United

States and, if so, to report each sale,

shipment and all related adjustments of

the merchandise subject to the

Agreement, sold either directly or

indirectly to unaffiliated purchasers in

the United States. Such reports shall be

made not later than 30 days following

the close of the reporting period using

the specified format and method of data

compilation and U.S. price calculation

as set forth in Appendix A.

(2) The first report of U.S. sales data

for sales occurring on or after the

effective date of the Agreement through

March 31, 1997 shall be submitted to

the Department in the prescribed format

and using the prescribed method of data

compilation, not later than April 30,

1997.

(3) If the Department receives

information that a possible violation of

the Agreement may have occurred, the

Department may request sales data more

frequently.

2. Cost Reporting

(1) Each signatory producer/exporter

must request NVs for all subject

merchandise that will be sold either

directly or indirectly to unaffiliated

purchasers for the United States. To

calculate NV, the Department will

require each signatory producer/

exporter to report, using the specified

format and method of data compilation,

cost information for sodium azide for

the immediately preceding six month

time period. Such report will be due not

later than 30 days following the close of

the reporting period. For those products

for which a signatory producer/exporter

is requesting NVs, the Department will

require the signatory producer/exporter

to report its cost of manufacturing;

selling, general and administrative

(‘‘SG&A’’) expenses; and profit data for

the immediately preceding six-month

period in the prescribed format to

enable use of the data to calculate NV

as indicated in Appendix B. When

reporting costs, the signatory producer/

exporter also must report anticipated

increases in production costs and may

report anticipated decreases in

production costs, resulting from factors

such as anticipated changes in

production yield, changes in production

process, changes in production

quantities or changes in production

facilities.

(2) The first report of cost information

on or after implementation of this

Agreement shall be submitted to the
Federal Register / Vol. 62, No. 4 / Tuesday, January 7, 1997 / Notices 975

Department in the prescribed format

and using the prescribed method of data

compilation, not later than April 30,

1997. This cost data will cover the

period April 1, 1996 through March 31,

1997.

(3) The Department shall use the cost

data in accordance with Appendix B to

calculate a NV. The NV shall be

effective the first day of the month after

issuance, but no sooner than 5 days after

issuance, and shall remain in effect for

the next six-month period.

(4) If the Department receives

information that a possible violation of

the Agreement may have occurred, the

Department may request additional cost

data more frequently.

(5) If the Department determines that

the NV it determined for a previous

period was erroneous because the

reported data for that period were

inaccurate or incomplete, or for any

other reason, the Department may adjust

NV in a subsequent period or periods,

unless the Department determines that

section E of the Agreement applies.

3. Other Provisions

(1) Upon proper application for an

APO covering the suspension

agreement, the representative(s) of the

U.S. industry producing the subject

merchandise may obtain business

proprietary information submitted to the

Department for each reporting period, as

well as the results of the Department’s

analysis under section 773 of the Act.

(2) All submissions to the Department

by any signatory to this Agreement shall

also be served promptly on the

designated representatives of the U.S.

industry subject to the terms and

conditions of any applicable

administrative protective order

(‘‘APO’’). The Department will provide

the representatives of the U.S. industry

an opportunity to comment on such

submissions.

(3) When the Department identifies,

as a result of its own price monitoring

or as a result of comments provided by

representative(s) of the U.S. industry,

that one or more sales to the United

States may have been made at prices

that are inconsistent with the

requirements of this Agreement, the

Department will notify the party

concerned. The Department will consult

with that party for a period of up to 30

days to review the matter. During the

consultation period, the Department

will notify representative(s) of the U.S.

industry and will provide an

opportunity for comments by all parties,

and the Department will examine any

information that it develops or that is

submitted.

(4) Each signatory producer/exporter

agrees to verification of all sales and

costs information, as the Department

deems necessary. A signatory producer/

exporter who has not undergone

verification in the investigation stage of

this proceeding shall undergo

verification prior to being given a NV

under this Agreement.

(5) Signatory producers/exporters

agree not to circumvent the Agreement.

Upon request of the Department,

signatory producers/exporters will

submit a written statement to the

Department certifying that the sales

reported hereunder were not, or are not,

part of or related to on-site processing

arrangements, discounts, free goods, or

financing packages, swaps, other

exchanges, or any other arrangements,

where such arrangements are designed

to circumvent the basis of the

Agreement.

Where there is reason to believe that

an arrangement circumvents the basis of

this Agreement, the Department will

request signatory producers/exporters to

provide within 14 days all particulars

regarding any such arrangement,

including, but not limited to, sales

information pertaining to covered and

noncovered merchandise that is

manufactured or sold by signatory

producers/exporters. The Department

will accept written comments, not to

exceed 15 pages, from all parties no

later than 7 days after the date of receipt

of such producer/exporter information.

If the Department, after reviewing all

submissions, determines that such

arrangement circumvents the basis of

the Agreement, it may, as it deems

appropriate, utilize one of two options:

(a) the amount of the effective price

discount resulting from such

arrangement shall be reflected in the NV

in accordance with section D.2(5) of this

Agreement or (b) the Department shall

determine that the Agreement has been

violated and take action according to the

provisions under section E.

(6) The Department may reject any

information submitted after the

deadlines set forth in this Agreement or

any information which it is unable to

verify to its satisfaction. If information

is not submitted in a complete and

timely fashion or is not fully verifiable,

the Department may calculate normal

value and/or U.S. price based on facts

available, as it determines appropriate,

unless the Department determines that

section E applies.

E. Violations of the Agreement

If the Department determines that the

Agreement is being or has been violated

or no longer meets the requirements of

section 734 (b) or (d) of the Act, the

Department shall take action it

determines appropriate under section

734(i) of the Act and the regulations.

F. Other Provisions

In entering into the Agreement, the

signatory producers/exporters do not

admit that any sales of the merchandise

subject to this Agreement have been

made at less-than-fair-value or that the

methodology used in the Department’s

preliminary determination to calculate

antidumping margins is appropriate.

G. Termination

(1) Any signatory producer/exporter

may withdraw its participation in the

Agreement at any time upon notice to

the Department, after which the

Department may terminate the

Agreement. Such withdrawal shall be

effective 60 days after such notice is

given to the Department. Upon

termination, the Department shall

follow the procedures outlined in

section 734(i)(1) of the Act.

(2) Absent affirmative determinations

under the five-year review provisions of

sections 751 and 752 of the Act, the

Department expects to terminate this

Agreement and the underlying

investigation no later than five years

from the effective date of the

Agreement.

H. Definitions

For purposes of the Agreement, the

following definitions apply:

(1) U.S. Price: The amount

determined by the Department under

section 772 of the Act.

(2) Normal Value: The amount

determined by the Department under

section 773(e) of the Act.

(3) Producer/Exporter: This term

means (1) the foreign manufacturer or

producer or (2) the foreign producer or

reseller which also exports, as defined

in section 771(28) of the Act.

(4) Date of Sale: This term means the

date on which the material terms are set.

For purposes of this definition,

requirements contracts are deemed to

establish a fixed quantity. Any change

in price or change in terms or

conditions that impacts price will be

deemed to have established a new date

of sale.

(5) Affiliated Purchasers: This term

shall be interpreted consistent with

section 771(33) of the Act.

(6) The effective date of the

Agreement is the date on which it is

published in the Federal Register.
976 Federal Register / Vol. 62, No. 4 / Tuesday, January 7, 1997 / Notices

For Japanese Producers/Exporters.

Masuda Chemicals Industries Co., Ltd.

lllllllllllllllllllll

Kenneth G. Weigel, Esq.,

Kirkland & Ellis

Date llllllllllllllllll

Toyo Kasei Kogyo Co., Ltd.

lllllllllllllllllllll

Name: Matsuhei Kametaka,

Title: Director, General Manager.

Nippon Carbide Industries Company, Inc.

Date llllllllllllllllll

lllllllllllllllllllll

Name: N. Kaneke

Title:

Dates llllllllllllllllll

For U.S. Department of Commerce.

lllllllllllllllllllll

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

Dates llllllllllllllllll

Appendix A: Reporting U.S. Sales

I. U.S. Sales Records

A. Each signatory shall report all of

their U.S. shipments of sodium azide

products sold in the United States

during the reporting period by type

including, but not limited to, the

following types: (1) Pharmaceutical

sodium azide, (2) ground airbag sodium

azide, and (3) unground airbag sodium

azide.

B. Below is a model record layout for

reporting U.S. sales. Additional fields

should be added to the model record, as

necessary, to provide complete

information on each shipment. Each

shipment will be reported as a record in

a electronic file. Each record will

contain complete information

identifying the sale and all adjustments

related to the sale.

Field

No. Field Description Field Name

1.0 ....... Complete Product Code .................................................................................................................................................. PRODCODU

2.0 ....... Matching Control Number ............................................................................................................................................... CONNUMU

3.0 ....... Type of Transaction ........................................................................................................................................................ TTYPEU

3.1 ....... Particle Size .................................................................................................................................................................... PARTICLU

3.2 ....... Silicon Dioxide ................................................................................................................................................................. SIO2U

4.0 ....... Sale Type ........................................................................................................................................................................ SALEU

5.0 ....... Customer Code ............................................................................................................................................................... CUSCODU

6.0 ....... Customer Category ......................................................................................................................................................... CUSCATU

7.0 ....... Date of Sale .................................................................................................................................................................... SALEDTU

8.0 ....... Shipment Number ........................................................................................................................................................... INVOICU

10.0 ..... Date of Shipment ............................................................................................................................................................ SHIPDTU

11.0 ..... Date of Receipt of Payment ............................................................................................................................................ PAYDTU

12.0 ..... Quantity of Shipment ...................................................................................................................................................... QTYU

12.1 ..... Quantity Unit of Measure ................................................................................................................................................ QTUMU

13.0 ..... Gross Unit Price .............................................................................................................................................................. GRSUPRU

14.0 ..... Discounts ......................................................................................................................................................................... EARLPYU

15.0 ..... Rebates ........................................................................................................................................................................... REBATEU

16.0 ..... Inland Freight—Plant from Grinder ................................................................................................................................. DINLFRGU

16.1 ..... Inland Freight—Plant/Warehouse to Port of Exit ............................................................................................................ DINLFTPU

17.0 ..... Destination ...................................................................................................................................................................... DESTU

18.0 ..... Credit Expense ................................................................................................................................................................ CREDITU

19.0 ..... Duty Drawback ................................................................................................................................................................ DTYDRWU

20.0 ..... Packing Cost ................................................................................................................................................................... PACKU

21.0 ..... Net U.S. Sales Price ....................................................................................................................................................... NETUPRU

II. Net U.S. Sales Price

A. Net U.S. Sales Price, reported in

field 21.0 above, will be calculated

either as Export Price (‘‘EP’’) , the price

at which the subject merchandise is sold

to the first unaffiliated buyer when the

sale occurs prior to the importation, or

as constructed export price (‘‘CEP’’), the

price at which the sale occurs

subsequent to importation. Net U.S.

Sales Price shall be calculated using the

following values weight averaged by

product (‘‘CONNUMU’’) as follows:

Gross Unit Price

LESS:

Price adjustments (14.0, 15.0)

Movement Expenses

PLUS:

Duty Drawback

B. A Net Weighted Average U.S. Sales

Price shall be calculated for the

reporting period for each product type

for use in determining compliance with

the Agreement.

Appendix B: Cost Reporting

I. General

The cost information reported to the

Department for purposes of the

Agreement must be:

—Comprehensive in nature, based on

the company’s accounting system,

and able to be tied to the company’s

audited financial statements;

—Representative of the company’s costs

incurred to produce the specific

models subject to this Agreement;

—Calculated on a semi-annual,

weighted-average basis of the plants

or cost centers manufacturing the

product;

—Based on fully-absorbed costs of

production, including any downtime;

—Valued in accordance with generally

accepted accounting principles;

—Reflective of appropriately allocated

common costs so that the costs

necessary for the manufacturing of the

product are not absorbed by other

products; and

—Reflective of the actual cost of

producing the product.

A. Cost of Manufacturing (‘‘COM’’)

(1) Cost of manufacturing is reported

by major cost categories. Weightedaverage costs are used for a product that

is produced at more than one facility

based on the cost at each facility.

(2) Direct materials—costs of those

materials which are input into the

production process and physically

become part of the final product.

(3) Direct labor—labor costs identified

with a specific product. These costs are

not allocated among products except

when two or more products are

produced at the same cost center. Direct

labor costs should include salary,
Federal Register / Vol. 62, No. 4 / Tuesday, January 7, 1997 / Notices 977

bonus, and overtime pay, training

expenses, and all fringe benefits.

(4) Factory overhead—overhead costs

including indirect materials, indirect

labor, depreciation, and other fixed and

variable expenses attributable to a

production line or factory. Because

overhead costs are typically incurred for

an entire production line, an

appropriate portion of those costs must

be allocated to covered products, as well

as any other products produced on that

line. Acceptable cost allocations can be

based on labor hours or machine hours.

Overhead costs should also reflect any

idle or downtime and be fully absorbed

by the products.

(5) Grinding cost is the cost paid for

the grinding of the product type which

includes transportation to and from the

processor.

(6) Grinding loss is the cost incurred

as a result of product lost in the

grinding process.

B. Cost of Production (‘‘COP’’)

(1) Cost of production is equal to the

sum of materials, labor, and overhead

(‘‘COM’’) plus SG&A expenses in the

home market (‘‘HM’’).

(2) G&A expenses are those expenses

incurred for the operation of the

corporation as a whole and not directly

related to the manufacture of a

particular product. They include

corporate general and administrative

expenses, financing expenses and

research and development expenses.

G&A expenses should be the ratio of the

company’s total G&A expenses relative

to total cost of sales for the most

recently completed fiscal year that

corresponds to the reporting period.

(3) Selling expenses are those

expenses incurred in selling the specific

products in the home market calculated

by product type (‘‘CONNUM’’).

C. Constructed Value (‘‘CV’’)

(1) Constructed value is equal to the

COP plus profit in accordance with

section 773 of the Act.

(2) Profit—HM profit shall be

calculated based on HM sales of sodium

azide, in accordance with 773(e) of the

Act.

(3) Cost of Packing—the cost of

materials, labor and overhead and all

other expenses incidental for preparing

the product for shipment to the U.S. in

accordance with section 773(e).

II. Reporting Cost of Production Data

A. Each signatory shall report costs

for all of the sodium azide products sold

in the United States during the reporting

period including, but not limited to, the

following types: (1) Pharmaceutical

sodium azide, (2) ground airbag sodium

azide, and (3) unground airbag sodium

azide.

B. This information shall be reported

for each sodium azide product in an

electronic file. Additional fields should

be added to the record described below

as necessary. Worksheets should be

submitted showing the calculation of

each of the per unit costs and expenses.

Field

No. Field Description Field Name

1.0 ....... Matching Control Number ............................................................................................................................................... CONNUM

2.0 ....... Production Quantity ......................................................................................................................................................... PRODQTY

3.0 ....... Direct Materials Cost ....................................................................................................................................................... DIRMAT

4.0 ....... Direct Labor Cost ............................................................................................................................................................ DIRLAB

5.0 ....... Variable Overhead Cost .................................................................................................................................................. VOH

6.0 ....... Fixed Overhead Cost ...................................................................................................................................................... FOH

7.0 ....... Grinding Cost .................................................................................................................................................................. GRINDING

8.0 ....... Grinding Loss .................................................................................................................................................................. GYL

9.0 ....... Total Cost of Manufacturing ............................................................................................................................................ TOTCOM

10.0 ..... General and Administrative Expenses ............................................................................................................................ GNA

11.0 ..... Interest Expense ............................................................................................................................................................. INTEX

12.0 ..... Indirect Selling Expense ................................................................................................................................................. INDSEL

13.0 ..... Profit ................................................................................................................................................................................ PROFIT

14.0 ..... HM Credit Expense ......................................................................................................................................................... HMCREDIT

15.0 ..... Direct Selling Expenses .................................................................................................................................................. DIRSELL

III. NV Based on Constructed Value

(1) For EP NVs, the CV will be

adjusted for packing costs and

differences in direct selling expenses

such as commissions, credit, warranties,

technical services, advertising, and sales

promotion, in accordance with sections

772 and 773 of the Act.

(2) For CEP NVs, the NV will be

calculated in accordance with the

relevant statutory and regulatory

provisions, including sections 772 and

773 of the Act.

(3) Direct selling expenses in either

the U.S. or the home market are

expenses that are incurred as a direct

result of a sale.

(4) Credit expenses are expenses

incurred for the extension of credit to

the HM and U.S. customers.

IV. Calculation of NV Based on

Constructed Value

Normal value for EP transactions will

be calculated for pharmaceutical

sodium azide, unground airbag sodium

azide and ground airbag sodium azide

as follows:

Direct Materials

+Direct Labor Cost

+Overhead Cost

+Grinding Cost (if relevant)

+Grinding Loss (if relevant)

=Cost of Manufacture

+General & Administrative Expenses

(including financing)

+Home Market Indirect Selling Expense

+Home Market Direct Selling Expense

=Cost of Production

+Home Market Profit

+U.S. Packing

=Constructed Value

-Home Market Direct Selling Expense

-Home Market Credit Expense

+U.S. Direct Selling Expense

+U.S. Credit Expense

=Normal Value

[FR Doc. 97–297 Filed 1–6–97; 8:45 am]

BILLING CODE 3510–DS-P

Centers for Disease Control and

Prevention; 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