Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Notices 68257

the United States. Accordingly, we find

that the antidumping duty order as to

Samsung is no longer necessary and

preliminarily determine to revoke the

order in part as to Samsung, provided

Samsung agrees in writing to immediate

reinstatement in the order in the event

it sells the merchandise at less than

normal value subsequent to revocation.

The Unions have argued that

Samsung is likely to resume dumping

based on Samsung’s price and cost data.

They contend that price comparison

data submitted by Samsung indicate

that Samsung would sell CTVs at less

than normal value if the company

resumed shipments of CTVs from Korea.

Further, the Unions contend that

Samsung will likely resume shipments

from Korea for newly developed

technologies which its operations in

Mexico cannot produce.

As stated above, the likelihood of

Samsung resuming shipments is not

relevant to our finding here. Instead, we

must address the issue of whether

dumping would be likely to occur if

shipments were to resume. Petitioners

claim that Samsung’s prices in Korea are

likely to be significantly higher than

prices Samsung is charging on

shipments of CTVs from Mexico sold in

the United States. Petitioners’

arguments are premised on their

allegation that Samsung’s shipments

from Mexico are circumventing the

order on CTVs from Korea. However, on

December 19, 1997, petitioners

requested that the Department terminate

the anti-circumvention inquiry, and the

Department has not address the issue of

potential circumvention.

Thus, petitioners have not addressed

the issue of potential price differentials

between Samsung’s sales in the Korean

and U.S. markets if Samsung were to

resume sales from Korea. With respect

to the Unions’ argument that products

resulting from newly developed or

developing technologies are likely to be

dumped, we do not find persuasive

evidence of record that shows that such

products are likely to be dumped.

Public Comment

Interested parties are invited to

submit comments on these preliminary

results. In light of the termination of the

Anticircumvention Inquiry, interested

parties are encouraged to submit

comments on the likelihood of

resumption issue in particular. Case

briefs and/or written comments from

interested parties may be submitted no

later than 30 days after the date of

publication/notification of this notice.

Rebuttal briefs and rebuttals to

comments, limited to issues raised in

those briefs or comments, may be filed

no later than 37 days after publication/

notification of this notice. Any hearing,

if requested, will be held 44 days after

publication/notification of this notice.

Affirmative Preliminary Determination

of Changed Circumstances

Based on our analysis discussed

above, we preliminarily find that it is

appropriate to partially revoke the AD

order with respect to Samsung. This

preliminary affirmative changed

circumstances determination is in

accordance with section 751(b) of the

Act and 19 C.F.R. 353.22(f).

Dated: December 19, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–33981 Filed 12–30–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–475–818]

Certain Pasta From Italy; Correction of

Notice of Court Decision

AGENCY: International Trade

Administration, Import Administration,

Department of Commerce.

ACTION: Notice.

SUMMARY: On December 15, 1997, the

Department published a Notice in the

Federal Register (62 FR 65673)

concerning a decision of the United

States Court of International Trade (CIT)

in the case of De Cecco et al. v. United

States et al. (Slip Op. 97–143, October

23, 1997). The notice indicated that

absent an appeal of this decision, or, if

the decision were to be appealed, upon

a ‘‘conclusive’’ court decision affirming

the CIT’s judgment, the Department

would implement the CIT’s

determination with respect to entries of

merchandise produced or imported by

firms enumerated in the notice. Barilla

Alimentari S.p.A., a party to the

litigation, should have been listed as a

producer in the notice, but was not. The

corrected notice appears below.

EFFECTIVE DATE: November 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Edward Easton or John Brinkmann, at

(202) 482–1777 or (202) 482–5288,

respectively, Office of AD/CVD

Enforcement II, Import Administration,

International Trade Administration,

14th Street and Constitution Avenue,

NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

On June 14, 1996, the Department

published its final determination of

sales at less than fair value in the

antidumping duty investigation of

certain pasta from Italy. On July 24,

1996, the Department published an

amended final determination.

Subsequently, De Cecco, et al., filed

lawsuits with the Court challenging the

extension of provisional measures

described above. On October 2, 1997,

the CIT issued its opinion granting

plaintiffs’ and plaintiff-intervenors’

motions. In its opinion, the CIT found

that the Department had improperly

extended the provisional measures

period, as there had not been a proper

request from exporters to extend this

period. On October 23, 1997, the CIT

directed the Department to issue

instructions to implement its decision.

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.

1516a(e), the Department must publish

a notice of a court decision that is not

‘‘in harmony’’ with a Department

determination, and must suspend

liquidation of entries pending a

‘‘conclusive’’ court decision. The

decision of the CIT in De Cecco

constitutes a decision not in harmony

with the Department’s final

determination. This notice fulfills the

publication requirements of Timken.

Absent an appeal, or if appealed,

upon a ‘‘conclusive’’ court decision

affirming the CIT’s judgment, the

Department will direct the U.S. Customs

Service to: (1) Lift the suspension of

liquidation, release any bonds or other

security posted, and refund any and all

cash deposits paid as estimated

antidumping duties on any and all

entries of the subject merchandise were

produced by the following producers—

F.lli De Cecco di Filippo Fara San

Martino S.p.A.,

Rummo S.p.A. Molina e Pastificio,

La Molisana Industrie Alimentari

S.p.A.,

Pastificio Fratelli Pagani S.p.A.,

Barilla Alimentari S.p.A, and

Industria Alimentari Colavita S.p.A.—

or imported by the following

importers—

Agrusa, Inc.,

Bel Canto Fancy Foods, Ltd.,

Cento Fine Foods, Inc. (Alanric Food

Distributors),

George De Lallo Co., Inc.,

Domil, Inc.,

Ferrara Food Co., Inc.,
68258 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Notices

Gourmet Award Foods,

I.T. & M, Inc.,

Italfoods, Inc.,

La Pace Imports, Ltd.,

Med-USA Corporation,

Musco Food Corp.,

The Pastene Companies, Ltd.,

Rienzi & Sons,

Ron-Son Mushroom Products, Inc.,

Santini Foods, Inc.,

Sinco, Inc., and

World Finer Foods, Inc—

and were entered, or withdrawn from

warehouse for consumption, after May

18, 1996, and before July 24, 1996; and

(2) liquidate those entries without

regard to any antidumping duty; and (3)

pay any such refunds of cash deposits

in accordance with law, including

interest, from the date of entry at the

rate(s) as announced from time to time

by the Customs Service pursuant to

Title 19, United States Code, Section

1505(c). Liquidation of such entries is

suspended pending final and conclusive

disposition.

Dated: December 23, 1997.

Richard W. Moreland,

Acting Deputy Assistant Secretary for Import

Administration.

[FR Doc. 97–34138 Filed 12–30–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–428–820]

Small Diameter Circular Seamless

Carbon and Alloy Steel Standard, Line,

and Pressure Pipe From Germany:

Antidumping Duty Administrative

Review: Extension of Time Limit

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of extension of time

limit.

SUMMARY: The Department of Commerce

(the Department) is extending the time

limit of the final results of the

antidumping duty administrative review

of Small Diameter Circular Seamless

Carbon and Alloy Steel Standard, Line,

and Pressure Pipe from Germany. This

review covers the period January 27,

1995 through July 31, 1996.

EFFECTIVE DATE: December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Nancy Decker 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, N.W.,

Washington, D.C.; telephone (202) 482–

0196 or 482–3833, respectively.

SUPPLEMENTARY INFORMATION: Due to the

complexity of issues involved in this

case, it is not practicable to complete

this review within the original time

limit. The Department is extending the

time limit for completion of the final

results until March 9, 1998, in

accordance with Section 751(a)(3)(A) of

the Trade and Tariff Act of 1930, as

amended by the Uruguay Round

Agreements Act of 1994. See

memorandum to Robert S. LaRussa from

Joseph A. Spetrini regarding the

extension of the case deadline, dated

December 16, 1997.

This extension is in accordance with

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

amended (19 U.S.C. § 1675 (a)(3)(A)).

Dated: December 16, 1997.

Joseph A. Spetrini,

Deputy Assistant Secretary, Enforcement

Group III.

[FR Doc. 97–34140 Filed 12–30–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Annual Listing of Foreign Government

Subsidies on Articles of Cheese

Subject to an In-Quota Rate of Duty

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Publication of Annual Listing of

Foreign Government Subsidies on

Articles of Cheese Subject to an InQuota Rate of Duty.

SUMMARY: The Department of

Commerce, in consultation with the

Secretary of Agriculture, has prepared

its annual list of foreign government

subsidies on articles of cheese subject to

an in-quota rate of duty during the

period October 1, 1996 through

September 30, 1997. We are publishing

the current listing of those subsidies

that we have determined exist.

EFFECTIVE DATE: January 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Russell Morris, Office of CVD/AD

Enforcement VI, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Ave., N.W.,

Washington, D.C. 20230, telephone:

(202) 482–2786.

SUPPLEMENTARY INFORMATION: Section

702(a) of the Trade Agreements Act of

1979 (as amended) (the Act) requires the

Department of Commerce (the

Department) to determine, in

consultation with the Secretary of

Agriculture, whether any foreign

government is providing a subsidy with

respect to any article of cheese subject

to an in-quota rate of duty, as defined

in section 702(g)(b)(4) of the Act, and to

publish an annual list and quarterly

updates of the type and amount of those

subsidies. We hereby provide the

Department’s annual list of subsidies on

cheeses that were imported during the

period October 1, 1996 through

September 30, 1997.

The Department has developed, in

consultation with the Secretary of

Agriculture, information on subsidies

(as defined in section 702(g)(b)(2) of the

Act) being provided either directly or

indirectly by foreign governments on

articles of cheese subject to an in-quota

rate of duty. The appendix to this notice

lists the country, the subsidy program or

programs, and the gross and net amount

of each subsidy for which information is

currently available.

The Department will incorporate

additional programs which are found to

constitute subsidies, and additional

information on the subsidy programs

listed, as the information is developed.

The Department encourages any

person having information on foreign

government subsidy programs which

benefit articles of cheese subject to an

in-quota rate of duty to submit such

information in writing to the Assistant

Secretary for Import Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230.

This determination and notice are in

accordance with section 702(a) of the

Act.

Dated: December 23, 1997.

Richard W. Moreland,

Acting Assistant Secretary for Import

Administration.

Appendix—Subsidy Programs on Cheese Subject to an In-Quota Rate of Duty

Country Program(s) Gross 1

subsidy

Net 2

subsidy

Austria ................................................. European Union Restitution Payments .......................................................... $0.23 $0.23