Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Notices 1735

Facts Available

Shanghai Lansheng (Shanghai), an

exporter and a named respondent in this

review, and a respondent in the LTFV

investigation, did not respond to the

questionnaire issued in this review.

Because of Shanghai’s failure to provide

a questionnaire response, the

administrative record in this proceeding

lacks information necessary to make an

informed determination regarding

Shanghai’s separate rate status, and we

preliminarily determine that Shanghai

is no longer entitled to a separate rate.

Further, because Shanghai and other

named respondents did not respond to

our questionnaire in this review, as

adverse facts available, imports of

subject merchandise from Shanghai and

all other producers/exporters who have

not qualified for a separate rate will be

subject to the PRC rate of 44.66 percent,

the highest rate established in the LTFV

investigation.

Section 776(a)(1) of the Act mandates

that the Department use the facts

available if necessary information is not

available on the record of an

antidumping proceeding. In addition,

section 776(a)(2) of the Act mandates

that the Department use the facts

available where an interested party or

any other person: (A) Withholds

information requested by the

Department; (B) fails to provide

requested information by the requested

date or in the form and manner

requested; (C) significantly impedes an

antidumping proceeding; or (D)

provides information that cannot be

verified. In this case, Shanghai and

other named respondents failed to

respond to the Department’s

questionnaire. Where the Department

must base the entire dumping margin

for a respondent in an administrative

review on the facts available because

that respondent failed to cooperate,

section 776(b) authorizes the

Department to use an inference adverse

to the interests of that respondent in

choosing the facts available. Section

776(b) also authorizes the Department to

use as adverse facts available

information derived from the petition,

the final determination, a previous

administrative review, or other

information placed on the record.

Because information from prior

proceedings constitutes secondary

information, section 776(c) provides

that the Department shall, to the extent

practicable, corroborate that secondary

information from independent sources

reasonably at its disposal. The

Statement of Administrative Action

(SAA) (H. Doc. 316, 103d Cong., 2nd

Sess. 870) provides that ‘‘corroborate’’

means that the Department will satisfy

itself that the secondary information to

be used has probative value.

The SAA, at page 870, clarifies that

the petition is ‘‘secondary information,’’

and that ‘‘corroborate’’ means to

determine that the information has

probative value. Id. During our analysis

of the petition in the LTFV

investigation, we reviewed all of the

data submitted and the assumptions that

petitioners had made when calculating

estimated dumping margins. US

purchase price (now export price) was

based on multiple price quotes. The

factors values for calculation of the

foreign market value (now normal

value) were based on public data, where

available. However, as a result of our

analysis, we recalculated the petition

rates due to errors made by the

petitioner in the calculation of paint

costs, profit, and depreciation expenses.

(See concurrence memorandum to file

dated November 29, 1993.) We also

rejected petitioner’s methodology of

using the cost of a finished core in our

factors analysis, as this would have

resulted in double counting of certain

expenses included in the cost of a

finished core. (See initiation notice, (58

FR 64548, December 8, 1993).) Thus,

because we reviewed the petitioners

assumptions and calculations from

which the petition rates were derived,

and made appropriate corrections, we

determine that the petition rates, as

corrected, have probative value.

The weighted-average dumping

margins are as follows:

Manufacturer/Producer/Exporter

Weighted

Average

Margin Percentage

PRC Rate .................................. 44.66

Parties to this proceeding may request

disclosure within 5 days of the date of

publication of this notice. Any

interested party may request a hearing

within 10 days of publication. Any

hearing, if requested, will be held 44

days after the publication of this notice,

or the first workday thereafter.

Interested parties may submit case briefs

within 30 days of the date of publication

of this notice. Rebuttal briefs, which

must be limited to issues raised in the

case briefs, may be filed not later than

37 days after the date of publication. See

§ 353.38 of the Department’s

regulations. The Department will

publish a notice of final results of this

administrative review, which will

include the results of its analysis of

issues raised in any such comments.

The Department shall determine, and

the Customs Service shall assess,

antidumping duties on all appropriate

entries. The Department will issue

appraisement instructions directly to

the Customs Service. Furthermore, the

following deposit requirements will be

effective upon publication of the final

results of this administrative review for

all shipments of pencils from the PRC

entered, or withdrawn from warehouse,

for consumption on or after the

publication date, as provided for by

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

deposit rate for all Chinese exporters,

will be the rate established in the final

results of this review; and (2) for nonPRC exporters of subject merchandise

from the PRC, the cash deposit rate will

be the rate of its supplier, i.e., the PRC

rate. These deposit requirements, when

imposed, shall remain in effect until

publication of the final results of the

next administrative review.

This notice serves as a preliminary

reminder to importers of their

responsibility under § 353.26 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 and notice

are in accordance with section 751(a)(1)

of the Act and § 353.22 of the

Department’s regulations.

Dated: January 2, 1997.

Robert S. La Russa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–750 Filed 1–10–97; 8:45 am]

BILLING CODE 3510–DS–P

[A–580–807]

Polyethylene Terephthalate Film,

Sheet, and Strip From the Republic of

Korea; Amendment of Final Results of

Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of amendment of final

results of antidumping duty

administrative review.

SUMMARY: On November 14, 1996, the

Department of Commerce (the

Department) published the final results

of its administrative review of and

notice of revocation in part of the

antidumping duty order on
1736 Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Notices

polyethylene terephthalate (PET) film,

sheet, and strip from the Republic of

Korea. The review covered three

manufacturers/exporters of the subject

merchandise to the United States and

the period June 1, 1994 through May 31,

1995. Based on the correction of a

ministerial error made in those final

results for one manufacturer/exporter,

we are publishing this amendment to

the final results in accordance with 19

CFR 353.28(c).

EFFECTIVE DATE: January 13, 1997.

FOR FURTHER INFORMATION CONTACT:

Michael J. Heaney or Linda Ludwig,

AD/CVD Enforcement Group III, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW, Washington, DC 20230,

telephone: (202) 482–4475 or 3833,

respectively.

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 Tariff

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, as amended by the

interim regulations published in the

Federal Register on May 1, 1995 (60 FR

25130).

SUPPLEMENTARY INFORMATION:

Background

On November 14, 1996 (61 FR 58374),

the Department published the final

results of review and notice of

revocation in part of the antidumping

duty order on PET film from the

Republic of Korea (56 FR 25669, June 5,

1991). On November 20, 1996, we

received a timely allegation from STC

Corporation (STC) that the Department

made a ministerial error in its final

results.

STC contended that in its margin

calculations the Department incorrectly

matched U.S. sales to constructed value

rather than to identical sales within the

contemporaneous 90/60 day period. We

agree with STC that we made this

ministerial error, and have corrected

that ministerial error in these amended

results.

Amended Final Results of Review

As a result of our correction of a

ministerial error, we have determined

the margin to be:

Company Margin

(Percent)

STC ........................................... 1.68

The Customs Service shall assess

antidumping duties on all appropriate

entries. Individual differences between

U.S. Price and Normal Value may vary

from the percentages stated above. The

Department will issue appraisement

instructions concerning each

respondent directly to the U.S. Customs

Service.

Furthermore, the following deposit

requirements will be effective for all

shipments of the subject merchandise,

entered, or withdrawn from warehouse,

for consumption on or after the

publication date of these amended final

results of administrative review, as

provided for by section 751(a)(1) of the

Tariff Act: (1) The cash deposit rate for

STC will be the rate indicated 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 in the original 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) if neither the

exporter nor the manufacturer is a firm

covered in this or any previous review

conducted by the Department, the cash

deposit rate will be 4.82 percent, the allothers rate established in the LTFV

investigation.

These deposit requirements shall

remain in effect until publication of the

final results of the next administrative

review.

This notice serves as the final

reminder to importers of their

responsibility under 19 CFR 353.26 to

file a certificate regarding the

reimbursement of antidumping duties

prior to liquidation of the relevant

entries during these review periods.

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 notice also serves as a reminder

to parties subject to administrative

protective order (APO) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with 19 CFR 353.34(d). Timely written

notification or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and the terms of the APO is a

sanctionable violation.

These amended final results of

administrative review and notice are in

accordance with section 751(a)(1) of the

Tariff Act (19 U.S.C. 1675(a)(1)) and 19

CFR 353.28(c).

Dated: January 7, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–749 Filed 1–10–97; 8:45 am]

BILLING CODE 3510–DS–M

COMMODITY FUTURES TRADING

COMMISSION

Public Information Collection

Requirement

AGENCY: Commodity Futures Trading

Commission.

ACTION: Notice of intent to renew

information collection #3038–0035—

rules relating to the offer and sale of

foreign futures and foreign options.

SUMMARY: The Commodity Futures

Trading Commission is planning to

renew information collection 3038–

0035, Rules Relating to the Offer and

Sale of foreign Futures and Foreign

Options which is due to expire on April

30, 1997. The information collected

pursuant to this rule is intended to

detect fraud in the offer and sale of

foreign futures and foreign options to

people located in the United States. In

compliance with the Paperwork

Reduction Act of 1995, the Commission

solicits comments to:

(1) Evaluate whether the collection of

information is necessary for the proper

performance of the functions of the agency,

including the validity of the methodology

and assumptions used; (2) evaluate the

accuracy of the agency’s estimate of the

burden of the collection of information

including the validity of the methodology

and assumptions used; (3) enhance the

quality, utility, and clarity of the information

to be collected; and (4) minimize the burden

of the collection of the information on those

who are to respond, including through the

use of appropriate automated, electronic,

mechanical, or other technological collection

techniques or other forms of information

technology, e.g., permitting electronic

submission of responses.

DATES: Comments must be received on

or before March 14, 1997.

ADDRESSES: Persons wishing to

comment on this information collection

should contact the CFTC Clearance

Officer, 1155 21st Street NW.,

Washington, DC 20581, (202) 418–5160.

Title: Rules Relating to the Offer and

Sale of Foreign Futures and Foreign

Options.