Federal Register / Vol. 62, No. 238 / Thursday, December 11, 1997 / Notices 65243

of the alternatives formulated and

discussed in the statement. (Reviewers

may wish to refer to the Council on

Environmental Quality Regulations for

implementing the procedural provisions

of the National Environmental Policy

Act at 40 CFR 1503.3 in addressing

these points.).

The final EIS is scheduled to be

completed in April 1998. In the final

EIS, the Forest Service is required to

respond to comments and responses

received during the comment period

that pertain to the environmental

consequences discussed in the draft EIS

and applicable laws, regulations, and

policies considered in making the

decision regarding this proposal. Darrel

L. Kenops, Forest Supervisor, is the

responsible official and as responsible

official, he will document the Moose

Subwatershed Timber Sales decision

and rationale in the Record of Decision.

That decision will be subject to Forest

Service Appeal Regulations (36 CFR

part 215).

Dated: December 2, 1997.

Darrel L. Kenops,

Forest Supervisor.

[FR Doc. 97–32398 Filed 12–10–97; 8:45 am]

BILLING CODE 3410–11–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–827]

Notice of Court Decision: Certain

Cased Pencils From the People’s

Republic of China

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of court decision.

SUMMARY: On November 13, 1997, the

United States Court of International

Trade (CIT) affirmed the determination

made by the Department of Commerce

(the Department) pursuant to a

voluntary remand of the final

determination of sales at less-than-fair

value (LTFV) in the investigation of

certain cased pencils from the People’s

Republic of China (PRC). Writing

Instrument Manufacturers Association,

Pencil Section, et al. v. United States,

Slip Op. 97–151 (CIT November 13,

1997) (Writing Instrument

Manufacturers). In the remand

determination, the Department selected

a new source for the surrogate values of

the logs and slats used in producing

certain cased pencils and changed its

methodology for valuing these logs and

slats.

EFFECTIVE DATE: November 23, 1997.

FOR FURTHER INFORMATION CONTACT: Roy

A. Malmrose, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.

Washington, D.C. 20230; telephone:

(202) 482–5414.

SUPPLEMENTARY INFORMATION: In its Final

Determination of Sales at Less Than Fair

Value: Certain Cased Pencils from the

People’s Republic of China, 59 FR 55625

(November 8, 1994) (Final

Determination), in order to value

Chinese lindenwood, the Department

used prices charged by U.S. producers

of basswood, the wood most similar to

the lindenwood used by the Chinese to

produce cased pencils. In this remand

determination, the Department used

publicly-available published

information reflecting basswood log

prices from 12 U.S. mills to value the

lindenwood logs used by two of the

Chinese producers, Anhui Stationery

Co. (Anhui) and Three Star Stationery

Co. (Three Star).

China First Pencil Co. Ltd. (China

First), an exporter and producer of the

subject merchandise, purchased slats for

the production of its pencils. To value

this input, the Department relied on the

two main publicly-available published

sources for sawn basswood prices, the

Hardwoood Market Report and the

Hardwood Weekly Review.

For its valuation methodology for

lindenwood logs, the Department

selected the grades of basswood logs

most comparable to the lindenwood

used by the Chinese producers,

including the quality and diameter of

the logs. For basswood sawn lumber, the

Department selected the lumber most

comparable to that used to produce the

Chinese slats in terms of grade,

thickness, and wood loss.

As a result of the remand

determination, the final dumping

margins and the PRC country-wide (‘‘all

others’’) rate are as follows:

Exporter Margin

percent

China First Co. Ltd. ........................ 8.60

Shanghai Lansheng Corp. .............. 19.36

Shanghai Foreign Trade Corp. ....... 11.15

Guangdong Stationery/Three Star

Stationery .................................... 0.00

Guangdong Stationery/all other

producers .................................... 53.65

PRC country-wide rate ................... 53.65

On November 13, 1997, the CIT

affirmed the Department’s remand

determination.

In its decision in Timken Co. v.

United States, 893 F.2d 337 (Fed. Cir.

1990) (Timken), the United States Court

of Appeals for the Federal Circuit held

that, pursuant to 19 U.S.C. section

1516a(e), the Department must publish

a notice of a court decision which is not

‘‘in harmony’’ with a Department

determination, and must suspend

liquidation of entries pending a

‘‘conclusive’’ court decision. The CIT’s

decision in Writing Instrument

Manufacturers on November 13, 1997,

constitutes a decision not in harmony

with the Department’s final affirmative

determination. Publication of this notice

fulfills the Timken requirement.

Accordingly, the Department will

continue to suspend liquidation

pending the expiration of the period of

appeal, or, if appealed, until a

‘‘conclusive’’ court decision. In

addition, pursuant to the affirmed

remand results, China First is no longer

excluded from the antidumping duty

order issued in this case (Antidumping

Duty Order: Certain Cased Pencils from

the People’s Republic of China, 59 FR

66909 (December 28, 1994)). Therefore,

liquidation shall be suspended on

entries, or withdrawals from warehouse,

for consumption of the subject

merchandise from China First effective

ten days from the date of the decision

in Writing Instrument Manufacturers.

Absent an appeal, or, if appealed, upon

a ‘‘conclusive’’ court decision affirming

the CIT’s opinion, the Department will

amend the final LTFV determination

and the antidumping duty order on

certain cased pencils from the PRC to

reflect the Department’s remand results.

Dated: December 4, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–32467 Filed 12–10–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

Barnard College; Notice of Decision on

Application for Duty-Free Entry of

Scientific Instrument

This is a decision consolidated

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 Constitution

Avenue, N.W., Washington, D.C.

Docket Number: 97–084. Applicant:

Barnard College, New York, NY 10027–

6598. Instrument: Electron Microscope,

Model EM208S. Manufacturer: Philips,
65244 Federal Register / Vol. 62, No. 238 / Thursday, December 11, 1997 / Notices

The Netherlands. Intended Use: See

notice at 62 FR 52685, October 9, 1997.

Order Date: July 4, 1997.

Comments: None received. Decision:

Approved. No instrument of equivalent

scientific value to the foreign

instrument, for such purposes as the

instrument is intended to be used, was

being manufactured in the United States

at the time the instrument was ordered.

Reasons: The foreign instrument is a

conventional transmission electron

microscope (CTEM) and is intended for

research or scientific educational uses

requiring a CTEM. We know of no

CTEM, or any other instrument suited to

these purposes, which was being

manufactured in the United States at the

time of order of the instrument.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 97–32466 Filed 12–10–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

University of California, et al.; Notice of

Consolidated Decision on Applications

for Duty-Free Entry of Scientific

Instruments

This is a decision consolidated

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 Constitution

Avenue, N.W., Washington, D.C.

Comments: None received. Decision:

Approved. No instrument of equivalent

scientific value to the foreign

instruments described below, for such

purposes as each is intended to be used,

is being manufactured in the United

States.

Docket Number: 97–076. Applicant:

University of California, Davis, CA

95616. Instrument: Electron Spin

Resonance Spectrometer, Model JES–

TE100. Manufacturer: JEOL, Ltd., Japan.

Intended Use: See notice at 62 FR

48811, September 17, 1997. Reasons:

The foreign instrument provides a weak

pitch signal to noise ratio of 400 to 1

and a cavity q-value of 18 000.

Docket Number: 97–078. Applicant:

University of Missouri at Kansas City,

Kansas City, MO 64110. Instrument:

Free-Flow Electrophoresis Device.

Manufacturer: Dr. Weber GmbH,

Germany. Intended Use: See notice at 62

FR 52685, October 9, 1997. Reasons:

The foreign instrument provides

continuous flow electrophoresis for

separation of whole cells from blood or

other tissue fluids and separation and

purification of subcellular organelles.

Docket Number: 97–082. Applicant:

University of Minnesota, Minneapolis,

MN 55455. Instrument: Stopped-Flow

Reaction Analyzer, Model SX.18MV.

Manufacturer: Applied Photophysics,

Ltd, United Kingdom. Intended Use: See

notice at 62 FR 52685, October 9, 1997.

Reasons: The foreign instrument

provides completely anaerobic

operation with a sub-millisecond dead

time.

Docket Number: 97–083. Applicant:

Indiana University-Purdue University at

Indianapolis, Indianapolis, IN 46202.

Instrument: Stopped-Flow

Spectrometer, Model SX.61DX2.

Manufacturer: Hi-Tech Scientific,

United Kingdom. Intended Use: See

notice at 62 FR 52685, October 9, 1997.

Reasons: The foreign instrument

provides double mixing stopped flow

with compatibility for use by students.

Docket Number: 97–085. Applicant:

University of Minnesota, Minneapolis,

MN 55455. Instrument: Electron

Paramagnetic Resonance Spectrometer,

Model E500. Manufacturer: Bruker,

Germany. Intended Use: See notice at 62

FR 52685, October 9, 1997. Reasons:

The foreign instrument provides

measurement of electron spin resonance

for characterization of paramagnetic

centers in various materials,

identification of photo- and redox-active

sites and elucidation of reaction

mechanisms.

The National Institutes of Health

advises in its memoranda dated

November 5, 1997 that (1) the

capabilities of each of the foreign

instruments described above are

pertinent to each applicant’s intended

purpose and (2) it knows of no domestic

instrument or apparatus of equivalent

scientific value for the intended use of

each instrument.

We know of no other instrument or

apparatus being manufactured in the

United States which is of equivalent

scientific value to any of the foreign

instruments.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 97–32445 Filed 12–10–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

University of Illinois at UrbanaChampaign, et al.; Notice of

Consolidated Decision on Applications

for Duty-Free Entry of Scientific

Instruments

This is a decision consolidated

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 Constitution

Avenue, N.W., Washington, D.C.

Comments: None received. Decision:

Approved. No instrument of equivalent

scientific value to the foreign

instruments described below, for such

purposes as each is intended to be used,

is being manufactured in the United

States.

Docket Number: 97–064. Applicant:

University of Illinois at UrbanaChampaign, Urbana, IL 61801.

Instrument: Reflection High Energy

Electron Gun. Manufacturer: Focus

GmbH, Germany. Intended Use: See

notice at 62 FR 43710, August 15, 1997.

Reasons: The foreign instrument

provides: (1) Selectable beam diameter,

(2) magnetic and electrostatic focusing

to reduce size of beam and (3) double

octopole defection system for better

steering. Advice received from: National

Institute of Standards and Technology,

November 7, 1997.

Docket Number: 97–065. Applicant:

Princeton University, Princeton, NJ

08544–0033. Instrument: (50)

Seismometers. Manufacturer: Guralp

Systems Ltd., United Kingdom.

Intended Use: See notice at 62 FR

43710, August 15, 1997. Reasons: The

foreign instrument provides a frequency

response from 0.03 to 10 Hz with

simplified operational design for use by

high school science students. Advice

received from: The U.S. Geological

Survey, November 6, 1997.

The National Institute of Standards

and Technology and the U.S. Geological

Survey advise that (1) the capabilities of

each of the foreign instruments

described above are pertinent to each

applicant’s intended purpose and (2)

they know of no domestic instrument or

apparatus of equivalent scientific value

for the intended use of each instrument.

We know of no other instrument or

apparatus being manufactured in the

United States which is of equivalent