76608 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices

value of shipments, employment,

payroll, workers’ hours, capital

expenditures, cost of materials

consumed, supplemental labor costs,

and so forth. This survey, while

conducted on a sample basis, covers all

manufacturing industries, including

data on plants under construction but

not yet in operation.

Survey of Industrial Research and

Development

The Survey of Industrial Research and

Development measures spending on

research and development activities in

private U.S. businesses. The Census

Bureau collects and compiles this

information with funding from the

National Science Foundation (NSF). The

NSF publishes the results in its

publication series. Four data items in

the survey provide interim statistics

collected in the Census Bureau’s

Economic Censuses. These items (total

company sales, total company

employment, and total expenditures and

Federally-funded expenditures for

research and development conducted

within the company) are collected on a

mandatory basis under the authority of

Title 13, U.S.C. Responses to all other

data collected for the NSF are voluntary.

Survey of Plant Capacity Utilization

The Survey of Plant Capacity

Utilization is designed to measure the

use of industrial capacity. The survey

collects information on actual output

and estimates of potential output in

terms of value of production. These data

are the basis for calculating rates of

utilization of full production capability

and use of production capability under

national emergency conditions.

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall a person be subject to a

penalty for failure to comply with, a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

current valid Office of Management and

Budget (OMB) control number. In

accordance with the PRA, 44 U.S.C.,

Chapter 35, the OMB approved the 2000

Annual Surveys under the following

OMB Control Numbers: Current

Industrial Reports—0607–0206, 0607–

0392, 0607–0393, 0607–0395, 0607–

0476, and 0607–0776; Annual Surveys

of Manufactures—0607–0449; Survey of

Industrial Research and Development—

3145–0027; and, Survey of Plant

Capacity Utilization—0607–0175. We

will provide copies of the form upon

written request to the Director, Census

Bureau, Washington, DC 20233–0001.

Based upon the foregoing, I have

directed that the Annual Surveys in the

Manufacturing Area be conducted for

the purpose of collecting these data.

Dated: December 1, 2000.

Kenneth Prewitt,

Director, Bureau of the Census.

[FR Doc. 00–31170 Filed 12–6–00; 8:45 am]

BILLING CODE 3510–07–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–831]

Fresh Garlic From the People’s

Republic of China: 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 August 8, 2000, the

Department of Commerce published the

preliminary results of the administrative

review of the antidumping duty order

on fresh garlic from the People’s

Republic of China. The review covers

three producers/exporters of subject

merchandise. The period of review is

November 1, 1998, through October 31,

1999.

We invited interested parties to

comment on our preliminary results. We

received no comments and have made

no changes to our preliminary results

for these final results. The final

dumping margin is listed in the section

entitled ‘‘Final Results of the Review.’’

EFFECTIVE DATE: December 7, 2000.

FOR FURTHER INFORMATION CONTACT:

Edythe Artman or Richard Rimlinger,

Office of Antidumping/Countervailing

Duty Enforcement 3, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230;

telephone (202) 482–3931 or (202) 482–

4477, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

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 at 19 CFR

part 351 (1999).

Background

On August 8, 2000, the Department

published the preliminary results of the

administrative review (65 FR 48464) of

the antidumping duty order on fresh

garlic from the People’s Republic of

China (the PRC) (59 FR 59209,

November 16, 1994). We invited parties

to comment on our preliminary results.

We received no comments and have

made no changes to our preliminary

results for the final results of review.

We have conducted this

administrative review in accordance

with section 751 of the Act and 19 CFR

351.213.

Scope of Review

The products subject to this

antidumping duty administrative review

are all grades of garlic, whole or

separated into constituent cloves,

whether or not peeled, fresh, chilled,

frozen, provisionally preserved, or

packed in water or other neutral

substance, but not prepared or

preserved by the addition of other

ingredients or heat processing. The

differences between grades are based on

color, size, sheathing, and level of

decay.

The scope of this order does not

include the following: (a) Garlic that has

been mechanically harvested and that is

primarily, but not exclusively, destined

for non-fresh use; or (b) garlic that has

been specially prepared and cultivated

prior to planting and then harvested and

otherwise prepared for use as seed.

The subject merchandise is used

principally as a food product and for

seasoning. The subject garlic is

currently classifiable under subheadings

0703.20.0010, 0703.20.0020,

0703.20.0090, 0710.80.7060,

0710.80.9750, 0711.90.6000, and

2005.90.9700 of the Harmonized Tariff

Schedule of the United States (HTSUS).

Although the HTSUS subheadings are

provided for convenience and customs

purposes, our written description of the

scope of this proceeding is dispositive.

In order to be excluded from the

antidumping duty order, garlic entered

under the HTSUS subheadings listed

above that is (1) mechanically harvested

and primarily, but not exclusively,

destined for non-fresh use or (2)

specially prepared and cultivated prior

to planting and then harvested and

otherwise prepared for use as seed must

be accompanied by declarations to the

Customs Service to that effect.

Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices 76609

Use of Facts Otherwise Available

Our use of facts otherwise available in

this review has not changed from the

preliminary results, in which we

assigned a PRC-wide rate of 376.67

percent since the three respondents did

not respond to our requests for

information. For a detailed discussion of

our application of facts otherwise

available, see our preliminary results at

65 FR 48464 (August 8, 2000).

Final Results of the Review

We determine that a margin of 376.67

percent exists for all producers/

exporters of the subject merchandise as

the PRC-entity for the period November

1, 1998, through October 31, 1999. The

Department shall determine, and

Customs shall assess, antidumping

duties on all appropriate entries. The

Department will issue appraisement

instructions directly to Customs.

Cash-Deposit Requirements

The following deposit rates will be

effective upon publication of this notice

of final results of administrative review

for all shipments of fresh garlic 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) For all

PRC exporters, all of which were found

not to be entitled to separate rates, the

cash-deposit rate will be 376.67 percent;

and (2) for all 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 requirements

shall remain in effect until publication

of the final results of the next

administrative review.

This notice serves as a final reminder

to importers of their responsibility

under 19 CFR 351.402(f)(2) 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, pursuant

to 19 CFR 351.402(f)(3), could result in

the Secretary’s presumption that

reimbursement of antidumping duties

occurred and the subsequent assessment

of double antidumping duties.

This notice also serves as a reminder

to parties subject to administrative

protective order (APO) of their

responsibility concerning disposition of

proprietary information disclosed under

APO in accordance with 19 CFR

351.305 and 19 CFR 351.306. Timely

written notification of the return/

destruction of APO materials or

conversion to judicial protective order is

hereby requested. Failure to comply

with the regulations and the terms of an

APO is a sanctionable violation. See 19

CFR 351.306 and 19 CFR 354.3.

We are issuing and publishing this

determination and notice in accordance

with sections 751(a)(1) and 777(i)(1) of

the Act.

Dated: December 1, 2000.

Troy H. Cribb,

Assistant Secretary for Import

Administration.

[FR Doc. 00–31235 Filed 12–6–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–122–503]

Notice of Preliminary Results of

Antidumping Duty Administrative

Review: Iron Construction Castings

from Canada

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: In response to a request from

respondent Canada Pipe Company

Limited (‘‘Canada Pipe’’), the

Department of Commerce (‘‘the

Department’’) is conducting an

administrative review of the

antidumping duty order on iron

construction castings (‘‘ICCs’’) from

Canada. The period of review (‘‘POR’’)

is March 1, 1999, through February 28,

2000. This review covers imports of ICC

from one producer, Canada Pipe.

We have preliminarily determined the

dumping margin for Canada Pipe to be

7.07 percent.

EFFECTIVE DATE: December 7, 2000.

FOR FURTHER INFORMATION CONTACT:

Nithya Nagarajan, AD/CVD

Enforcement, Office IV, Group II, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230;

telephone (202) 482–4243.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (‘‘the

Act’’) by the Uruguay Round

Agreements Act (‘‘URAA’’). In addition,

unless otherwise indicated, all citations

to the Department’s regulations are to

the current regulations at 19 CFR part

351 (2000).

Background

On March 5, 1986, the Department

published in the Federal Register (51

FR 7600) the antidumping duty order on

ICC from Canada. On March 16, 2000,

the Department published in the

Federal Register (65 FR 14242) a notice

of opportunity to request an

administrative review of this

antidumping duty order. On March 31,

2000, in accordance with 19 CFR

351.213(b)(1), the respondent Canada

Pipe requested that the Department

conduct an administrative review of its

exports of subject merchandise to the

United States. We published the notice

of initiation of this review on May 1,

2000 (65 FR 25303).

Scope of the Review

The merchandise covered by the order

consists of certain iron construction

castings from Canada, limited to

manhole covers, rings, and frames, catch

basin grates and frames, cleanout covers

and frames used for drainage or access

purposes for public utility, water and

sanitary systems, classifiable as heavy

castings under Harmonized Tariff

Schedule (HTS) item numbers

7325.10.0010, 7325.10.0020, and

7325.10.0025. The HTS item number is

provided for convenience and Customs

purposes only. The written description

remains dispositive.

Product Comparisons

The ICC exported by Canada Pipe to

the United States includes manhole sets,

catch basin sets, and trench gates and is

the identical merchandise sold by

Canada Pipe in its home market in

Canada. Therefore, we have compared

U.S. sales to contemporaneous sales of

identical or similar merchandise in

Canada.

Export Price

Section 772(a) of the Act defines

export price (‘‘EP’’) as the price at which

the subject merchandise is first sold

before the date of importation by the

exporter or producer outside the United

States to an unaffiliated purchaser for

exportation to the United States.

Canada Pipe sells subject

merchandise directly to its customers in

the United States and uses its affiliate

Bibby USA as the importer of record.

The sales documentation on the record

in this proceeding indicates that Canada

Pipe’s U.S. sales occurred in Canada

between Canada Pipe and the

unaffiliated U.S. purchaser. Specifically,

we have found the following facts: (1)

Bibby USA does not contact the U.S.

customers; (2) Bibby Ste-Croix in

Canada contacts the U.S. customers; (3)

the U.S. customers send the purchase