5800 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Notices

Dated: January 31, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–3101 Filed 2–6–97; 8:45 am]

BILLING CODE 3510–DS–P

[A–201–802]

Gray Portland Cement and Clinker

From Mexico; Amended Final Results

of Antidumping Duty Administrative

Review in Accordance With Court

Decision

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of amended final results

of antidumping duty administrative

review in accordance with court

decision.

SUMMARY: On August 1, 1996, the Court

of Appeals for the Federal Circuit (the

Federal Circuit) affirmed the July 12,

1995 decision of the Court of

International Trade (CIT) in The Ad Hoc

Committee of AZ–NM–TX–FL Producers

of Gray Portland Cement v. United

States, Slip Op. 95–125 (CIT 1995) (Ad

Hoc). In its July 12, 1995 opinion, the

CIT affirmed the Department of

Commerce’s (the Department’s) results

of redetermination pursuant to remand,

and prior remand determinations of the

Department, of the final results of the

first administrative review of the

antidumping duty order on gray

portland cement and clinker from

Mexico. The Federal Circuit’s ruling

represents a ‘‘final and conclusive’’

court decision ‘‘not in harmony’’ with

the Department’s original

determination. As a result of these

remand redeterminations, the

Department found a dumping margin for

respondent Cemex, S.A. de C.V.

(Cemex) for the period April 12, 1990

through July 31, 1991 of 61.42 percent.

EFFECTIVE DATE: February 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert James or John Kugelman, Office

Eight, Antidumping and Countervailing

Duty Enforcement Group III,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue N.W.,

Washington, DC 20230; telephone: (202)

482–5222.

SUPPLEMENTARY INFORMATION:

Background

On April 28, 1993, the Department

published in the Federal Register the

final results of its first administrative

review of the antidumping duty order

on gray portland cement and clinker

from Mexico (58 FR 25803 (April 28,

1993)). In those final results the

Department set forth its determination

of the weighted-average margins for the

two respondent companies for the

period April 12, 1990 through July 31,

1991. Petitioners and Cemex

subsequently filed separate complaints

with the CIT challenging the final

results; these complaints were later

consolidated. Thereafter, the CIT

published an Order and Opinion dated

September 26, 1994 in Ad Hoc

Committee v. United States, Ct. No. 93–

05–00273, Slip Op. 94–151, remanding

the Department’s final results with

instructions to (1) consider CEMEX’s

claimed deductions for pre-sale home

market transportation costs under the

circumstances-of-sale (COS) provision

of the Department’s regulations, (2)

apply a value-added-tax (VAT)

adjustment consistent with the

methodology established in Torrington

Co. v. United States, 853 F. Supp. 446

(CIT 1994), (3) reclassify certain

transactions designated as exporter’s

sales price transactions and reconsider

the selection of best information

available (BIA) for certain other sales,

and (4) reconsider the selection of BIA

data for missing added material costs.

On January 5, 1995, the Department

filed its remand results with the CIT.

Cemex challenged certain aspects of the

Department’s remand results, including

our treatment of VAT.

On May 15, 1995, the CIT ordered a

second remand which affirmed the

Department’s treatment of Cemex’s presale transportation expenses and its

application of the so-called Torrington

methodology for calculating VAT. The

CIT, however, directed the Department

to consider different VAT rates. Ad Hoc

Committee v. United States, Slip Op.

95–91 (CIT May 15, 1995). The

Department filed its redetermination

with the Court on June 13, 1995. The

CIT, on July 12, 1995, affirmed the

Department’s remand results and issued

a judgment that Cemex’s January 25,

1995 challenge on the issue of VAT

methodology was untimely filed and,

therefore, moot.

Cemex appealed from the CIT’s July

12, 1995 decision in Ad Hoc affirming

the Department’s redetermination. This

appeal challenged the CIT’s ruling that

Cemex had waived its right in this case

to challenge Commerce’s application of

the Torrington methodology for

calculating VAT, and that Cemex’s presale transportation expenses were not

deductible in the calculation of foreign

market value. Consistent with the

Federal Circuit’s decision in Timken

Company v. United States, 893 F.2d 337

(Fed. Cir. 1990), on October 12, 1995,

the Department published a ‘‘Notice of

Court Decision’’ in the Federal Register

which suspended liquidation of the

subject merchandise entered, or

withdrawn from warehouse, for

consumption until there was a ‘‘final

and conclusive’’ decision in this case

(60 FR 53163).

On August 1, 1996, the Federal

Circuit issued its decision affirming the

earlier rulings of the CIT (Appeal No.

95–1485, Fed. Cir. August 1, 1996). On

October 17, 1996, the Federal Circuit

issued its mandate. The Federal

Circuit’s ruling constitutes a ‘‘final and

conclusive’’ decision in this case which

is ‘‘not in harmony’’ with the

Department’s original determination.

Accordingly, we have prepared these

amended final results and will proceed

to issue liquidation instructions to the

Customs Service.

Amended Final Results of Review

In its April 29, 1993 Final Results of

Administrative Review, the Department

calculated a weighted-average margin

for Cemex for the period April 12, 1990

through July 31, 1991 of 30.74 percent.

As a result of the Department’s

redeterminations on court remand, we

have determined the weighted-average

dumping margin for Cemex for the

period April 12, 1990 through July 31,

1991 to be 61.42 percent. The

Department will instruct the Customs

Service to assess antidumping duties on

all appropriate entries, and will issue

appraisement instructions accordingly.

This notice is published in accordance

with section 751(a)(1) of the Tariff Act

(19 U.S.C. 1675(a)(1)) and 19 CFR

353.22(c)(8).

Dated: January 31, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–3102 Filed 2–6–97; 8:45 am]

BILLING CODE 3510–DS–P

[A–401–040]

Stainless Steel Plate From Sweden

Antidumping Duty Administrative

Review; Time Limits

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of extension of time

limits.

SUMMARY: The Department of Commerce

(the Department) is extending the time

limit for the preliminary results of the

review of the antidumping finding on

stainless steel plate from Sweden. The

review covers two manufacturers/
Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Notices 5801

exporters of the subject merchandise the

United States and the period June 1,

1995 through May 31, 1996.

EFFECTIVE DATE: February 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Michael J. Heaney or Linda Ludwig,

Office of AD/CVD Enforcement, Group

III, Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, NW, Washington,

DC 20230, telephone: (202) 482–4475 or

482–0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

Because it is not practicable to

complete this review within the time

limits mandated by the Uruguay Round

Agreements Act (245 days from the last

day of the anniversary month for

preliminary determinations, 120

additional days for final

determinations), pursuant to section

751(a)(3)(A) of the Tariff Act of 1930, as

amended, the Department is extending

the time limit for completion of the

preliminary results until June 30, 1997.

See Decision Memorandum to Robert S.

LaRussa dated February 3, 1997.

This extension is in accordance with

section 751(a)(3)(A) of the Tariff Act of

1930, as amended (19 U.S.C.

1675(a)(3)(A)).

Dated: February 3, 1997.

Joseph A. Spetrini,

Deputy Assistant Secretary, Enforcement

Group III.

[FR Doc. 97–3100 Filed 2–6–97; 8:45 am]

BILLING CODE 3510–DS–M

National Institute of Standards and

Technology

[Docket No. 970122011–7011–01]

RIN 0693–XX29

Standards for Blood Banking and

Transfusion Services: Request for

Public Comment

AGENCY: National Institute of Standards

and Technology (NIST). Commerce.

ACTION: Request for public comment.

SUMMARY: The American Association of

Blood Banks (AABB) proposes to revise

some of its blood banking and

transfusion services standards for blood

collection, processing, storage and

transfusion and requests public

comment on these changes. The purpose

of this request is to increase public

participation in the system used by the

AABB to develop these standards.

NIST undertakes publication of this

notice as a public service on behalf of

the AABB. NIST does not necessarily

endorse, approve, or recommend any of

the standards referenced in the notice.

The AABB is the professional society

of more than 2,400 community, regional

and Red Cross blood centers, hospitalbased blood banks and transfusion

services. It also represents over 9,000

individual members engaged in blood

banking and transfusion medicine. The

AABB sets standards, inspects and

accredits blood collection and

transfusion facilities, and provides

continuing education and information.

Its member facilities are responsible for

collecting virtually all of the nation’s

blood supply and for transfusing more

than 80 percent of the blood used for

patient care in the United States.

Throughout its 50-year history, the

AABB’s highest priorities have been

transfusion safety and maintaining and

promoting a safe and adequate blood

supply for the American people.

DATES: Interested persons may obtain

the documents after February 1, 1997

and should submit comments by 5:00

pm local time on March 15, 1997.

ADDRESSES: The proposed changes to

AABB standards may be obtained

through the AABB Internet Home Page

at ‘‘http://www.aabb.org’’ under

‘‘What’s New.’’ Those without Internet

access may purchase the documents

from the AABB National Office, 8101

Glenbrook Road, Bethesda, MD 20814,

(301) 215–6499, fax (301) 907–6895, email sales@aabb.org. Ask for publication

#ST97IN. Cost is $25 per copy sent to

addresses in the United States and $35

per copy sent to other locations. Orders

must be prepaid.

FOR FURTHER INFORMATION CONTACT:

Eileen Church, Director of

Communications, American Association

of Blood Banks, (301) 215–6557, e-mail

eileen@aabb.org.

Dated: January 30, 1997.

Elaine Bunten-Mines,

Director, Program Office.

[FR Doc. 97–3105 Filed 2–6–97; 8:45 am]

BILLING CODE 3510–13–M

National Oceanic and Atmospheric

Administration

[I.D. 020397E]

Endangered Species; Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Issuance of permit 1,025 (P622)

and permit 1,027 (P45W).

SUMMARY: Notice is hereby given that

NMFS has issued two permits that

authorize takes of an Endangered

Species Act-listed species for the

purpose of scientific research/

enhancement, subject to certain

conditions set forth therein, to the

California Department of Fish and Game

(CDFG) and the U.S. Fish and Wildlife

Service (FWS) at Sacramento, CA.

ADDRESSES: The applications and

related documents are available for

review in the following offices, by

appointment:

Office of Protected Resources, F/PR3,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910–3226 (301-713-1401);

and

Administrator, Southwest Region,

NMFS, NOAA, 501 West Ocean Blvd.,

Suite 4200, Long Beach, CA 90802–4213

(562–980–4016).

SUPPLEMENTARY INFORMATION: The

permits were issued under the authority

of section 10 of the Endangered Species

Act of 1973 (ESA) (16 U.S.C. 1531–

1543) and the NMFS regulations

governing ESA-listed fish and wildlife

permits (50 CFR parts 217–222).

Notice was published on October 16,

1996 (61 FR 53899) that an application

had been filed by CDFG (P622) for a

scientific research permit. Permit 1,025

was issued to CDFG on January 10,

1997. Permit 1,025 authorizes CDFG

takes of adult and juvenile, endangered,

Sacramento River winter-run chinook

salmon (Oncorhynchus tshawytscha)

associated with two scientific research

studies. For Study 1, CDFG will

establish a pilot program at Knights

Landing on the Sacramento River for

monitoring juvenile anadromous fish

migration. The purpose of the

monitoring program is to evaluate the

utility of the site and various sampling

protocols in determining the timing and

abundance of juvenile anadromous

salmonids emigrating to the

Sacramento-San Joaquin Delta. For

Study 2, CDFG will determine the

relationship between manageable

physical habitat attributes (flow,

temperature, channel aspects) and

anadromous salmonids within the

upper reaches of the Sacramento River

and throughout the river system up to

ocean entry. Information relating

spawning distribution (temporal and

spatial), spawning success, juvenile

survival, and emigration will be

determined relative to habitat

conditions. Permit 1,025 expires on June

30, 2001.

Notice was published on October 16,

1996 (61 FR 53899) that an application

had been filed by FWS (P45W) for an

enhancement permit. Permit 1,027 was