60406 Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Notices

the U.S. Customs Service upon

completion of this review. The final

results of this review shall be the basis

for the assessment of antidumping

duties on entries of merchandise

covered by the final results of this

review and for future deposits of

estimated duties. For assessment

purposes, we intend to calculate

importer-specific assessment rates for

freshwater crawfish tail meat from the

PRC. For both EP and CEP sales, we will

divide the total dumping margins

(calculated as the difference between

NV and EP (or CEP)) for each importer

by the entered value of the merchandise.

Upon the completion of this review, we

will direct Customs to assess the

resulting ad valorem rates against the

entered value of each entry of the

subject merchandise by the importer

during the POR.

Furthermore, the following deposit

rates will be effective upon publication

of the final results of this administrative

review for all shipments of freshwater

crawfish tail meat from the PRC entered,

or withdrawn from warehouse, for

consumption on or after the publication

date, as provided for by section

751(a)(2)(C) of the Act: (1) The cash

deposit rate for the reviewed firms will

be the rates indicated above; (2) for

previously-reviewed PRC and non-PRC

exporters with separate rates, the cash

deposit rate will be the companyspecific rate established for the most

recent period; (3) for all other PRC

exporters, the rate will be the PRC-wide

rate, which is 240.34 percent; and (4) for

all other non-PRC exporters of subject

merchandise from the PRC, the cash

deposit rate will be the rate applicable

to the PRC supplier of that exporter.

These deposit rates, when imposed,

shall remain in effect until publication

of the final results of the next

administrative review.

This notice also serves as a

preliminary reminder to importers of

their responsibility under 19 CFR

351.402(f) of the Department’s

regulations 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, these new

shipper reviews, and this notice are

published in accordance with section

751(a)(1) of the Act and sections

351.213, 351.214 and 351.221 of the

Department’s regulations.

Dated: September 29, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–26073 Filed 10–10–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–351–605]

Frozen Concentrated Orange Juice

From Brazil; Final Results of

Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

antidumping duty administrative

review.

SUMMARY: On June 6, 2000, the

Department of Commerce published the

preliminary results of administrative

review of the antidumping duty order

on frozen concentrated orange juice

from Brazil. The merchandise covered

by this order is frozen concentrated

orange juice from Brazil. This review

covers the U.S. sales of three

manufacturers/exporters, Citrovita Agro

Industrial Ltda., Cambuhy MC

Industrial Ltda., and Cambuhy Citrus

Comercial e Exportadora. We have

collapsed these entities for purposes of

this proceeding and have calculated a

single margin for them. The period of

review is May 1, 1998, through April 30,

1999.

Based on our analysis of the

comments received, we have made

changes in the margin calculations.

Therefore, the final results differ from

the preliminary results. The final

weighted-average dumping margins for

the reviewed firms are listed below in

the section entitled ‘‘Final Results of

Review.’’

EFFECTIVE DATE: October 11, 2000.

FOR FURTHER INFORMATION CONTACT: Irina

Itkin or Shawn Thompson, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, Washington, D.C. 20230;

telephone: (202) 482–0656 or (202) 482–

1776, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Act), are references to the

provisions effective January 1, 1995, the

effective date of the amendments made

to the Act by the Uruguay Round

Agreements Act (URAA). In addition,

unless otherwise indicated, all citations

to the Department of Commerce’s (the

Department’s) regulations are to 19 CFR

Part 351 (1999).

Background

This review covers three

manufacturers/exporters, Citrovita Agro

Industrial Ltda. (Citrovita), Cambuhy

MC Industrial Ltda. (Cambuhy), and

Cambuhy Citru Comercial e Exportadora

(Cambuhy Exportadora). Because these

companies met the requirements of 19

CFR 351.401(f), we have collapsed these

entities for purposes of this proceeding

and have calculated a single margin for

them. For further discussion, see the

‘‘Affiliated Producers’’ section of this

notice, below.

On June 6, 2000, the Department

published in the Federal Register the

preliminary results of administrative

review of the antidumping duty order

on frozen concentrated orange juice

(FCOJ) from Brazil. See Frozen

Concentrated Orange Juice from Brazil;

Preliminary Results of Antidumping

Duty Administrative Review, 65 FR

35892 (June 6, 2000).

We invited parties to comment on our

preliminary results of review. At the

request of Citrovita, we held a public

hearing on August 9, 2000. The

Department has conducted this

administrative review in accordance

with section 751 of the Act.

Scope of Review

The merchandise covered by this

review is frozen concentrated orange

juice from Brazil. The merchandise is

currently classifiable under item

2009.11.00 of the Harmonized Tariff

Schedule of the United States (HTSUS).

The HTSUS item number is provided

for convenience and for U.S. Customs

purposes. The Department’s written

description remains dispositive.

Period of Review

The period of review (POR) is May 1,

1998, through April 30, 1999.

Affiliated Producers

During the POR, a sister company to

Citrovita’s parent company purchased

another Brazilian producer of FCOJ and

that producer’s affiliated trading

company (i.e., Cambuhy and Cambuhy

Exportadora, respectively). We

determine that it is appropriate to treat

Citrovita and these affiliated parties as

a single entity. In accordance with 19

CFR 351.401(f), we have collapsed

Citrovita, Cambuhy, and Cambuhy

Exportadora for purposes of the final

results. However, because there is no

Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Notices 60407

evidence that these companies were

affiliated prior to September 1998, we

have used only the sales and cost data

reported for Cambuhy and Cambuhy

Exportadora from September 1998

through the end of the POR for purposes

of calculating normal value. For further

discussion, see Comment 1 in the

‘‘Issues and Decision Memorandum’’

(Decision Memo) from Richard W.

Moreland, Deputy Assistant Secretary,

Import Administration, to Troy H.

Cribb, Acting Assistant Secretary for

Import Administration, dated October 4,

2000.

Analysis of Comments Received

All issues raised in the case briefs by

parties to this administrative review are

addressed in the Decision Memo which

is hereby adopted by this notice. A list

of the issues which parties have raised

and to which we have responded, all of

which are in the Decision Memo, is

attached to this notice as an Appendix.

Parties can find a complete discussion

of all issues raised in this review and

the corresponding recommendations in

this public memorandum, which is on

file in the Central Records Unit, room

B–099, of the main Department

building.

In addition, a complete version of the

Decision Memo can be accessed directly

on the Web at http://ia.ita.doc.gov. The

paper copy and electronic version of the

Decision Memo are identical in content.

Changes Since the Preliminary Results

Based on our analysis of comments

received, we have made certain changes

in the margin calculations. These

changes are discussed in the relevant

sections of the Decision Memo.

Final Results of Review

We determine that the following

percentage weighted-average margin

percentage exists for the period May 1,

1998, through April 30, 1999:

Manufacturer/exporter Percent

margin

Citrovita Agro Industrial Ltda/.

Cambuhy MC Industrial Ltda/.

Cambuhy Citrus Comercial e

Exportadora ........................... 25.87

The Department shall determine, and

Customs shall assess, antidumping

duties on all appropriate entries. In

accordance with 19 CFR 351.212(b), we

have calculated importer-specific

assessment rates. We divided the total

dumping margins for the reviewed sales

by their total entered value for each

importer. We will direct Customs to

assess the resulting percentage margins

against the entered Customs values for

the subject merchandise on each of that

importer’s entries under the relevant

order during the review period.

Cash Deposit Requirements

The following deposit requirements

will be effective upon publication of

this notice of final results of

administrative review for all shipments

of FCOJ from Brazil entered, or

withdrawn from warehouse, for

consumption on or after the date of

publication, as provided by section

751(a)(1) of the Act: (1) The cash deposit

rates for the reviewed firm will be the

rate shown 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 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) the cash deposit

rate for all other manufacturers or

exporters will continue to be 1.96

percent. This rate is the ‘‘All Others’’

rate from the LTFV investigation.

These deposit requirements shall

remain in effect until publication of the

final results of the next administrative

review.

This notice also serves as a final

reminder to importers of their

responsibility under 19 CFR 351.402(f)

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 doubled

antidumping duties.

This notice also serves as the only

reminder to parties subject to

administrative protective orders (APO)

of their responsibility concerning the

return or destruction of proprietary

information disclosed under APO in

accordance with 19 CFR 351.305 or

conversion to judicial protective order is

hereby requested. Failure to comply

with the regulations and terms of an

APO is a violation which is subject to

sanction.

We are issuing and publishing this

determination and notice in accordance

with sections section 751(a)(1) and

777(i) of the Act.

Dated: October 4, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

Appendix—Issues in Decision Memo

Comments

1. Collapsing of Affiliated Parties

2. Calculation of Financing Expenses

3. Treatment of Citrovita’s Foreign Exchange

Losses

4. Treatment of Cambuhy’s Foreign Exchange

Losses

5. Calculation of the Cost of Oranges

Produced by an Affiliated Party

6. Calculation of Selling, General, and

Administrative Expenses and Financing

Expenses for the Collapsed Entity

[FR Doc. 00–26074 Filed 10–10–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 083000A]

Small Takes of Marine Mammals

Incidental to Specified Activities; Oil

and Gas Exploration Drilling Activities

in the Beaufort Sea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of receipt of application

and proposed authorization for a small

take exemption; request for comments.

SUMMARY: NMFS has received a request

from Phillips Alaska, Inc., (Phillips) for

an authorization to take small numbers

of marine mammals by harassment

incidental to conducting exploration

drilling activities, during the winter,

offshore Prudhoe Bay, in the U.S.

Beaufort Sea off Alaska. Under the

Marine Mammal Protection Act

(MMPA), NMFS is requesting comments

on its proposal to authorize Phillips to

incidentally take, by harassment only,

small numbers of ringed and bearded

seals while conducting this activity.

DATES: Comments and information must

be postmarked no later than November

13, 2000. Comments will not be

accepted if submitted via e-mail or the

Internet.

ADDRESSES: Comments on the

application should be addressed to

Donna Wieting, Chief, Marine Mammal

Conservation Division, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910-3225. A copy of the application

and a list of references used in this

document may be obtained by writing to