Federal Register / Vol. 65, No. 4 / Thursday, January 6, 2000 / Notices 759

Pursuant to 19 CFR 351.213(d)(3), the

Department may rescind an

administrative review, in whole or only

with respect to a particular exporter or

producer, if the Secretary concludes

that, during the period covered by the

review, there were no entries, exports,

or sales of the subject merchandise. In

light of the fact that we determined that

Andina did not export the subject

merchandise into the territory of the

United States during the POR in

question, and there were no entries

made by any other exporter or producer

in Argentina, we are rescinding this

review. This notice is published in

accordance with 19 CFR 351.213(d)(4).

Dated: December 29, 1999.

Richard O. Weible,

Acting Deputy Assistant Secretary,

Enforcement Group III.

[FR Doc. 00–296 Filed 1–5–00; 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, 1998 through

September 30, 1999. We are publishing

the current listing of those subsidies

that we have determined exist.

EFFECTIVE DATE: January 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Tipten Troidl, Office of AD/CVD

Enforcement VI, Group II, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Ave., NW, Washington, DC 20230,

telephone: (202) 482–2786.

SUPPLEMENTAL 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

articles of cheese that were imported

during the period October 1, 1998

through September 30, 1999.

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

amounts 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, NW,

Washington, DC 20230.

This determination and notice are in

accordance with section 702(a) of the

Act.

Dated: December 29, 1999.

Holly A. Kuga,

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

($/lb)

Net 2

subsidy

($/lb)

Austria ................................................ European Union Restitution Payments .......................................................... 0.19 0.19

Belgium ............................................... EU Restitution Payments ................................................................................ 0.07 0.07

Canada ............................................... Export Assistance on Certain Types of Cheese ............................................ 0.23 0.23

Denmark ............................................. EU Restitution Payments ................................................................................ 0.17 0.17

Finland ................................................ EU Restitution Payments ................................................................................ 0.26 0.26

France ................................................ EU Restitution Payments ................................................................................ 0.15 0.15

Germany ............................................. EU Restitution Payments ................................................................................ 0.19 0.19

Greece ................................................ EU Restitution Payments ................................................................................ 0.00 0.00

Ireland ................................................. EU Restitution Payments ................................................................................ 0.10 0.10

Italy ..................................................... EU Restitution Payments ................................................................................ 0.13 0.13

Luxembourg ........................................ EU Restitution Payments ................................................................................ 0.07 0.07

Netherlands ........................................ EU Restitution Payments ................................................................................ 0.10 0.10

Norway ............................................... Indirect (Milk) Subsidy .................................................................................... 0.34 0.34

Consumer Subsidy ......................................................................................... 0.14 0.14

Total ............................................ ......................................................................................................................... 0.48 0.48

Portugal .............................................. EU Restitution Payments ................................................................................ 0.10 0.10

Spain .................................................. EU Restitution Payments ................................................................................ 0.11 0.11

Switzerland ......................................... Deficiency Payments ...................................................................................... 0.25 0.25

U.K. ..................................................... EU Restitution Payments ................................................................................ 0.13 0.13

1 Defined in 19 U.S.C. 1677(5).

2 Defined in 19 U.S.C. 1677(6).

760 Federal Register / Vol. 65, No. 4 / Thursday, January 6, 2000 / Notices

[FR Doc. 00–294 Filed 1–5–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of issuance of an Export

Trade Certificate of Review, Application

No. 99–00005.

SUMMARY: The Department of Commerce

has issued an Export Trade Certificate of

Review to California Almond Export

Association, LLC (‘‘CAEA’’). This notice

summarizes the conduct for which

certification has been granted.

FOR FURTHER INFORMATION CONTACT:

Morton Schnabel, 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 (15 U.S.C. Sections 400l–21)

authorizes the Secretary of Commerce to

issue Export Trade Certificates of

Review. The regulations implementing

Title III are found at 15 CFR part 325

(1999).

The Office of Export Trading

Company Affairs (‘‘OETCA’’) is issuing

this notice pursuant to 15 CFR 325.6(b),

which requires the Department of

Commerce to publish a summary of a

Certificate in the Federal Register.

Under Section 305(a) of the Act and 15

CFR 325.11(a), any person aggrieved by

the Secretary’s determination may,

within 30 days of the date of this notice,

bring an action in any appropriate

district court of the United States to set

aside the determination on the ground

that the determination is erroneous.

Description of Certified Conduct

Export Trade

1. Products

California almonds in processed and

unprocessed form.

2. Export Trade Facilitation Services (as

They Relate to the Export of Products)

All export trade-related facilitation

services, including but not limited to:

development of trade strategy; sales,

marketing, and distribution; foreign

market development; promotion; and all

aspects of foreign sales transactions,

including export brokerage, freight

forwarding, transportation, insurance,

billing, collection, trade documentation,

and foreign exchange; customs, duties,

and taxes; and inspection and quality

control.

Export Markets

The Export Markets include all parts

of the world except the United States

(the fifty states of the United States, the

District of Columbia, the

Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, Guam,

the Commonwealth of the Northern

Mariana Islands, and the Trust

Territories of the Pacific Islands).

Export Trade Activities and Methods of

Operation

1. CAEA, on its own behalf or on

behalf of all or less than all of its

Members, through CAEA or through

Export Intermediaries (to the extent

provided in section 1.g) may:

a. Sales Prices. Establish sale prices,

minimum sale prices, target sale prices

and/or minimum target sale prices, and

other terms of sale;

b. Marketing and Distribution.

Conduct marketing and distribution of

Products;

c. Promotion. Conduct promotion of

Products;

d. Quantities. Agree on quantities of

Products to be sold, provided each

Member shall be required to dedicate

only such quantity or quantities as each

such Member shall independently

determine. CAEA shall not require any

Member to export a minimum quantity;

e. Market and Customer Allocation.

Allocate geographic areas or countries

in the Export Markets and/or customers

in the Export Markets among Members;

f. Refusals to Deal. Refuse to quote

prices for Products, or to market or sell

Products, to or for any customers in the

Export Markets, or any countries or

geographical areas in the Export

Markets;

g. Exclusive and Nonexclusive Export

Intermediaries. Enter into exclusive and

nonexclusive agreements appointing

one or more Export Intermediaries (as

defined under ‘‘Definitions’’ paragraph

1) for the sale of Products with price,

quantity, territorial and/or customer

restrictions as provided in sections 1.a

through 1.f, inclusive, above; and

h. Non-Member Activities. Purchase

Products from non-Members to fulfill

specific sales obligations, provided that

CAEA and/or its Members shall make

such purchases only on a transactionby-transaction basis and when the

Members are unable to supply, in a

timely manner, the requisite Products at

a price competitive under the

circumstances. In no event shall a nonMember be included in any

deliberations concerning any Export

Trade Activities.

2. CAEA and its Members may

exchange and discuss the following

information:

a. Information about sale and

marketing efforts for the Export Markets,

activities and opportunities for sales of

Products in the Export Markets, selling

strategies for the Export Markets, sales

for the Export Markets, contract and

spot pricing in the Export Markets,

projected demands in the Export

Markets for Products, customary terms

of sale in the Export Markets, prices and

availability of Products from

competitors for sale in the Export

Markets, and specifications for Products

by customers in the Export Markets;

b. Information about the price,

quality, quantity, source, and delivery

dates of Products available from the

Members to export;

c. Information about terms and

conditions of contracts for sale in the

Export Markets to be considered and/or

bid on by CAEA and its Members;

d. Information about joint bidding or

selling arrangements for the Export

Markets and allocations of sales

resulting from such arrangements

among the Members;

e. Information about expenses specific

to exporting to and within the Export

Markets, including without limitation,

transportation, trans- or intermodal

shipments, insurance, inland freights to

port, port storage, commissions, export

sales, documentation, financing,

customs, duties, and taxes;

f. Information about U.S. and foreign

legislation and regulations, including

federal marketing order programs,

affecting sales for the Export Markets;

g. Information about CAEA’s or its

Members’ export operations, including

without limitation, sales and

distribution networks established by

CAEA or its Members in the Export

Markets, and prior export sales by

Members (including export price

information); and

h. Information about export customer

credit terms and credit history.

3. CAEA and its Members may

prescribe the following conditions for

admission of Members to CAEA and

termination of membership in CAEA:

a. Membership shall be limited to

Handlers as defined under ‘‘Definitions’’

paragraph 2.

b. Membership shall terminate on the

occurrence of one or more of the

following events:

i. withdrawal or resignation of a

Member;

ii. Expulsion approved by a majority

of all Members for a material violation

of CAEA’s Operating Agreement, after

prior written notice to the Member

proposed to be expelled and an

opportunity of such Member to appear

and be heard before a meeting of the

Members;