Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Notices 63071

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (the Tariff

Act) by the Uruguay Round Agreements

Act (URAA).

Background

On September 10, 1997 (62 FR 47632),

the Department of Commerce (the

Department) published the final results

of the new shipper review of the

antidumping duty order on certain

welded carbon standard steel pipes and

tubes from India (51 FR 9089, March 17,

1989). On September 23, 1997, we

received a timely allegation from

Rajinder Pipes Ltd. (Rajinder), pursuant

to § 353.28 of the regulations, that we

made ministerial errors in the final

results.

Rajinder contended that in the margin

calculations for the final results we

incorrectly deducted inventory carrying

costs incurred in India from U.S. price

and failed to deduct advertising

expenses from normal value. See

Memorandum to the File from Kristie

Strecker to Robin Gray (October 21,

1997). We agree with Rajinder that these

were ministerial errors, and we have

corrected these ministerial errors in

these amended results in order to reflect

our intent and our practice pursuant to

§ 353.28.

Amended Final Results of Review

As a result of our correction of the

ministerial errors, we have determined

the margin for the period May 1, 1995

through April 30, 1996 to be:

Company Margin

(percent)

Rajinder ....................................... 18.25

The Customs Service shall assess

antidumping duties on all appropriate

entries. Individual differences between

U.S. price and normal value may vary

from the percentage stated above. The

Department will issue appraisement

instructions concerning the respondent

directly to the U.S. Customs Service.

Furthermore, the following deposit

requirements will be effective for all

shipments of the subject merchandise,

entered, or withdrawn from warehouse,

for consumption on or after the

publication date of these amended final

results of administrative review, as

provided for by section 751(a)(1) of the

Tariff Act: (1) The cash deposit rate for

Rajinder will be the rate indicated

above; (2) for previously reviewed or

investigated companies not listed above,

the cash deposit rate will continue to be

the company-specific rate published for

the most recent period; (3) if the

exporter is not a firm covered in this

review, a prior review, or in the original

less-than-fair-value (LTFV)

investigation, 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 this or any previous review

conducted by the Department, the cash

deposit rate will be 7.08 percent, the allothers rate established in 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 the 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 these review periods.

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 19 CFR 353.34(d). Timely written

notification or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and the terms of the APO is a

sanctionable violation.

These amended final results of

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 353.28(c).

Dated: November 19, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–31134 Filed 11–25–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–549–401]

Certain Apparel From Thailand; Final

Results of Countervailing Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

countervailing duty administrative

review.

SUMMARY: On September 3, 1997, the

Department of Commerce published in

the Federal Register its preliminary

results of administrative review of the

countervailing duty order on Certain

Apparel from Thailand for 1991. The

Department of Commerce has now

completed this review in accordance

with section 751(a) of the Tariff Act of

1930, as amended. For information on

the net bounty or grant, please see the

‘‘Final Results of Review’’ section. We

will instruct the U.S. Customs Service to

assess countervailing duties as indicated

in that section.

EFFECTIVE DATE: November 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert Copyak or Constance

Cunningham, Office of CVD/AD

Enforcement VI, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone:

(202) 482–2786.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

The Department of Commerce (the

Department) is conducting this

administrative review in accordance

with section 751(a) of the Tariff Act of

1930, as amended (the Act). Unless

otherwise indicated, all citations to the

statute and to the Department’s

regulations are in reference to the

provisions as they existed on December

31, 1994.

Background

On September 3, 1997, the

Department published in the Federal

Register (62 FR 46475) the preliminary

results of its administrative review of

the countervailing duty order on Certain

Apparel from Thailand. Since the

publication of the preliminary results,

the following events have occurred. We

invited interested parties to comment on

the preliminary results. On September

23, 1997, we received one comment

from UNITE, formerly known as the
63072 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Notices

Amalgamated Clothing and Textile

Workers Union, indicating support for

the preliminary results.

This review covers the period January

1, 1991, through December 31, 1991,

and involves 19 companies and 4

programs.

Scope of Review

Imports covered by this review are

certain apparel from Thailand. Such

merchandise is described in detail in

the Appendix to this notice.

Calculation Methodology for

Assessment Purposes

The country-wide rate we calculated

for this administrative review was above

de minimis, as defined by 19 CFR

§ 355.7 (1994). We examined the net rate

calculated for each company to

determine whether individual company

rates differed significantly from the

weighted-average country-wide rate,

pursuant to 19 CFR § 355.22(d)(3). Four

companies had significantly different

net rates during the review period.

These companies are treated separately

for assessment purposes. All other

companies are assigned the countrywide rate. See ‘‘Final Results of Review’’

section, below.

Analysis of Programs

I. Programs Conferring Subsidies

In the preliminary results we found

that these programs conferred

countervailable benefits on the subject

merchandise. Our review of the record

has not led us to change our findings

from the preliminary results. On this

basis, the weighted-average bounty or

grant for these programs are as follows:

Program name

Program

rate (percent)

Export Packaging Credits ........... 0.55

Tax Certificates for Exports ........ .31

Electricity Discounts for Exporters ........................................... .20

Program name

Program

rate (percent)

Investment Promotion Act

(IPA)—Sections 28 and 36(4) .07

II. Programs Found Not to be used

We determine that the producers and/

or exporters of the subject merchandise

did not apply for or receive benefits

under the following programs:

A. Rediscount of Industrial Bills

B. Assistance for Trading Companies

C. IPA (Sections 29, 30, 31, 33, 36(1–

3))

D. Export Processing Zones

E. Financing from the Industrial

Finance Corporation of Thailand

Final Results of Review

For the period January 1, 1991

through December 31, 1991, we

determine the net bounty or grant to be

1.13 percent ad valorem for all

companies except Thai Garment Export

Co., Ltd., Fairtex Garment Co., Ltd.,

Fang Brothers Holding (Thailand) Co.,

Ltd., and East Asia Textile Ind. Co., Ltd.,

which have de minimis rates. In

accordance with 19 CFR 355.7, any rate

less than 0.5 percent ad valorem is de

minimis.

The Department will instruct the U.S.

Customs Service to assess

countervailing duties of 1.13 percent ad

valorem for all shipments of the subject

merchandise exported on or after

January 1, 1991, and on or before

December 31, 1991, for all producers

and exporters except Thai Garment

Export Co., Ltd., Fairtex Garment Co.,

Ltd., Fang Brothers Holding (Thailand)

Co., Ltd., and East Asia Textile Co., Ltd.

For these companies, the Department

will instruct the U.S. Customs Service to

liquidate all shipments of the subject

merchandise without regard to

countervailing duties.

As noted above, this countervailing

duty order was subject to section 753 of

the Act, as amended by the URAA. See

Countervailing Duty Order; Opportunity

to Request a Section 753 Injury

Investigation (60 FR 27,693, May 26,

1995). Because no domestic interested

parties exercised their right under

section 753(a) of the Act to request an

injury investigation, the International

Trade Commission made a negative

injury determination with respect to this

order, pursuant to section 753(b)(4) of

the Act. As a result, the Department

revoked this countervailing duty order,

effective January 1, 1995, pursuant to

section 753(b)(3)(B) of the Act. See

Revocation of Countervailing Duty

Order (60 FR 40568, August 9, 1995)

and Notice of Determination to Amend

Revocation, in Part, of Countervailing

Duty Order (62 FR 392, January 3, 1997).

Accordingly the Department will not

issue further instructions with respect to

cash deposits of estimated

countervailing duties.

This notice 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 19 CFR 355.34(d). Timely written

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 19

CFR 355.22.

Dated: November 19, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

Appendix

[C–549–401]

Countervailing Duty Order on Certain

Apparel From Thailand; Harmonized Tariff

Schedule Numbers

HTS No. Annotation

6101.2000 .... Coverage excludes garments having embroidery or permanently affixed applique work on the outer surface.

6101.3020

6102.1000

6103.1920 .... Coverage limited to garments that would be covered if separately entered.

6103.2200 .... Coverage limited to garments that would be covered if separately entered.

6103.2300 .... Coverage limited to garments that would be covered if separately entered.

6103.2910 .... Coverage limited to garments that would be covered if separately entered.

6103.4210 .... Coverage excludes garments having embroidery or permanently affixed applique work on the outer surface.

6103.4315 .... Coverage excludes garments having embroidery or permanently affixed applique work on the outer surface.

6103.4910 .... Coverage excludes garments having embroidery or permanently affixed applique work on the outer surface.

6104.1320

6104.1915

6104.2100.10

6104.2100.30

6104.2100.40
Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Notices 63073

HTS No. Annotation

6104.2100.60

6104.2100.80

6104.2200.10

6104.2200.60

6104.2200.80

6104.2200.90

6104.2300.22

6104.2910.60

6104.5100 .... Coverage excludes garments having embroidery or permanently affixed applique work on the outer surface.

6104.5310 .... Coverage limited to wool skirts.

6104.5910 .... Coverage limited to wool skirts; coverage excludes girls’ skirts or divided skirts not having embroidery or permanently affixed applique work on the outer surface.

6104.6920 .... Coverage limited to wool trousers.

6105.1000

6105.2020

6106.1000

6109.1000

6109.9010.07

6109.9010.09

6109.9010.13

6109.9010.25

6109.9010.47

6109.9010.49 Coverage excludes garments having embroidery or permanently affixed applique work on the outer surface.

6110.2020 .... Coverage excludes men’s or boys’ garments having embroidery or permanently affixed applique work on the outer surface.

6110.3030.05

6110.3030.10

6110.3030.15

6110.3030.20

6110.3030.25

6110.3030.40

6110.3030.50

6111.3040 .... Coverage limited to sweaters; coverage excludes garments having embroidery or permanently affixed applique work on the

outer surface.

6111.3050

6111.9040 Coverage limited to sweaters.

6111.9050

6112.1200.10

6112.1200.30

6112.1200.50

6112.1910.10 Coverage limited to men’s and boy’s garments that would be covered if separately entered.

6112.1910.30 Coverage excludes men’s or boy’s garments that would be covered if separately entered.

6112.1910.50 Coverage excludes men’s or boy’s garments that would be covered if separately entered.

6112.2010.10 Coverage excludes men’s or boy’s garments that would be covered if separately entered.

6112.2010.30 Coverage limited to men’s and boy’s garments that would be covered if separately entered.

6112.2010.50 Coverage excludes men’s or boy’s garments that would be covered if separately entered.

6112.2010.60 Coverage excludes men’s or boy’s garments that would be covered if separately entered.

6112.2010.80 Coverage limited to men’s and boy’s garments that would be covered if separately entered.

6114.2000

6114.3010.10

6114.3030

6201.1220

6201.1340

6201.9220

6203.1910 .... Coverage limited to garments that would be covered if separately entered.

6203.2230 .... Coverage limited to garments that would be covered if separately entered.

6203.2300 .... Coverage limited to garments that would be covered if separately entered.

6203.2920 .... Coverage limited to garments that would be covered if separately entered.

6203.4240

6203.4340

6203.4920

6204.2300 .... Coverage limited to woolen garments that would be covered if separately entered.

6204.2920.10

6204.2920.30

6204.2920.40

6204.2920.50 Coverage limited to garments that would be covered if separately entered.

6205.2020

6208.2200

6208.9200.30

6208.9200.40

6209.2050
63074 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Notices

[FR Doc. 97–31132 Filed 11–25–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

AGENCY: International Trade

Administration, Commerce.

ACTION: Notice of initiation of process to

revoke export trade certificate of review

No. 88–00002.

SUMMARY: The Secretary of Commerce

issued an export trade certificate of

review to Olde South Traders, Inc.

Because this certificate holder has failed

to file an annual report as required by

law, the Department is initiating

proceedings to revoke the certificate.

This notice summarizes the notification

letter sent to Olde South Traders, Inc.

FOR FURTHER INFORMATION CONTACT:

Morton Schnabel, Acting Director,

Office of Export Trading Company

Affairs, International Trade

Administration, (202) 482–5131. This is

not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (‘‘the Act’’) (15 U.S.C. 4011–21)

authorizes the Secretary of Commerce to

issue export trade certificates of review.

The regulations implementing Title III

(‘‘the Regulations’’) are found at 15 CFR

part 325. Pursuant to this authority, a

certificate of review was issued on May

23, 1988 to Olde South Traders, Inc.

A certificate holder is required by law

(Section 308 of the Act, 15 U.S.C. 4018)

to submit to the Department of

Commerce annual reports that update

financial and other information relating

to business activities covered by its

certificate. The annual report is due

within 45 days after the anniversary

date of the issuance of the certificate of

review (Sections 325.14 (a) and (b) of

the Regulations). Failure to submit a

complete annual report may be the basis

for revocation. (Sections 325.10(a) and

325.14(c) of the Regulations).

The Department of Commerce sent to

Olde South Traders, Inc. on May 13,

1997, a letter containing annual report

questions with a reminder that its

annual report was due on July 7, 1997.

Additional reminders were sent on

August 7, 1997, and on September 12,

1997. The Department has received no

written response to any of these letters.

On November 20, 1997, and in

accordance with Section 325.10(c)(1) of

the Regulations, a letter was sent by

certified mail to notify Olde South

Traders, Inc. that the Department was

formally initiating the process to revoke

its certificate. The letter stated that this

action is being taken because of the

certificate holder’s failure to file an

annual report.

In accordance with Section

325.10(c)(2) of the Regulations, each

certificate holder has thirty days from

the day after its receipt of the

notification letter in which to respond.

The certificate holder is deemed to have

received this letter as of the date on

which this notice is published in the

Federal Register. For good cause shown,

the Department of Commerce can, at its

discretion, grant a thirty-day extension

for a response.

If the certificate holder decides to

respond, it must specifically address the

Department’s statement in the

notification letter that it has failed to file

an annual report. It should state in

detail why the facts, conduct, or

circumstances described in the

notification letter are not true, or if they

are, why they do not warrant revoking

the certificate. If the certificate holder

does not respond within the specified

period, it will be considered an

admission of the statements contained

in the notification letter (Section

325.10(c)(2) of the Regulations).

If the answer demonstrates that the

material facts are in dispute, the

Department of Commerce and the

Department of Justice shall, upon

request, meet informally with the

certificate holder. Either Department

may require the certificate holder to

provide the documents or information

that are necessary to support its

contentions (Section 325.10(c)(3) of the

Regulations).

The Department shall publish a notice

in the Federal Register of the revocation

or modification or a decision not to

revoke or modify (Section 325.10(c)(4)

of the Regulations). If there is a

determination to revoke a certificate,

any person aggrieved by such final

decision may appeal to an appropriate

U.S. district court within 30 days from

the date on which the Department’s

final determination is published in the

Federal Register (Sections 325.10(c)(4)

and 325.11 of the Regulations).

Dated: November 20, 1997.

Morton Schnabel,

Acting Director, Office of Export Trading

Company Affairs.

[FR Doc. 97–30979 Filed 11–25–97; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

AGENCY: International Trade

Administration, Commerce.

ACTION: Notice of initiation of process to

revoke export trade certificate of review

No. 91–00003.

SUMMARY: The Secretary of Commerce

issued an export trade certificate of

review to Fabiano & Associates, Inc.

Because this certificate holder has failed

to file an annual report as required by

law, the Department is initiating

proceedings to revoke the certificate.

This notice summarizes the notification

letter sent to Fabiano & Associates, Inc.

FOR FURTHER INFORMATION CONTACT:

Morton Schnabel, Acting Director,

Office of Export Trading Company

Affairs, International Trade

Administration, (202) 482–5131. This is

not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (‘‘the Act’’) (15 U.S.C. 4011–21)

authorizes the Secretary of Commerce to

issue export trade certificates of review.

The regulations implementing Title III

(‘‘the Regulations’’) are found at 15 CFR

part 325. Pursuant to this authority, a

certificate of review was issued on May

29, 1991 to Fabiano & Associates, Inc.

A certificate holder is required by law

(Section 308 of the Act, 15 U.S.C. 4018)

to submit to the Department of

Commerce annual reports that update

financial and other information relating

to business activities covered by its

certificate. The annual report is due

within 45 days after the anniversary

date of the issuance of the certificate of

review (Sections 325.14 (a) and (b) of

the Regulations). Failure to submit a

complete annual report may be the basis

for revocation. (Sections 325.10(a) and

325.14(c) of the Regulations).

The Department of Commerce sent to

Fabiano & Associates, Inc. on May 20,

1997, a letter containing annual report

questions with a reminder that its

annual report was due on July 14, 1997.

Additional reminders were sent on

August 7, 1997, and on September 12,

1997. The Department has received no

written response to any of these letters.

On November 20, 1997, and in

accordance with Section 325.10(c)(1) of

the Regulations, a letter was sent by

certified mail to notify Fabiano &

Associates, Inc. that the Department was

formally initiating the process to revoke

its certificate. The letter stated that this

action is being taken because of the