Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Notices 18315

Susca

Sweet Farms

Flores Santa Rosa Ltda.

Floricola la Ramada Ltda.

Agropecuaria Sierra Loma

Tag Ltda.

The Beall Company

The Rose

Tinzuque Group

Tinzuque Ltda.

Catu S.A.

Tomino

Toto Flowers Group

Flores de Suesca S.A.

Toto Flowers

Tropical Garden

Tuchany Group

Tuchany S.A.

Flores Sibate

Flores Tikaya

Flores Munya

Uniflor Ltda.

Vegaflor

Velez de Monchaux Group

Velez De Monchaux e Hijos y Cia S.

en C.

Agroteusa

Victoria Flowers

Villa Cultivos Ltda.

Villa Diana

Vuelven Ltda.

Zipa Flowers

Interested parties must submit

applications for disclosure under

administrative protective orders in

accordance with 19 C.F.R. 353.34(b) and

355.34(b).

This initiation and this notice are in

accordance with section 751(a) of the

Tariff Act of 1930, as amended (19

U.S.C. 1675(a)) and 19 CFR 353.22(c)(l)

and 355.22(c)(l).

Dated: April 9, 1997.

Richard W. Moreland,

Acting Deputy Assistant Secretary for Import

Administration.

[FR Doc. 97–9656 Filed 4–14–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–357–804]

Silicon Metal from Argentina: Notice of

Court Decision

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Court Decision.

SUMMARY: On March 28, 1997, the

United States Court of International

Trade (CIT) affirmed the International

Trade Administration’s remand

determination that energy is physically

incorporated into silicon metal during

the production process and its

consequent upward adjustment to U.S.

price for those taxes imposed on the

incorporated energy.

EFFECTIVE DATE: April 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Carole Showers or Elizabeth Graham,

Office of Antidumping/Countervailing

Enforcement I, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW.,

Washington, DC 20230; telephone (202)

482–3217 or (202) 482–4105.

SUPPLEMENTARY INFORMATION:

Background

On December 14, 1993, in Silicon

Metal From Argentina; Final Results of

Antidumping Duty Administrative

Review, 58 FR 65336, the International

Trade Administration (ITA) made an

upward adjustment to U.S. price for the

rebate of various taxes under the

Reembolso program, including taxes on

electrical energy. In American Alloys,

Inc. versus United States, 30 F.3d 1469,

1474 (Fed. Cir. 1994) (American Alloys

III), the Federal Circuit reversed the

lower court’s holding in American

Alloys, Inc. versus United States, 810 F.

Supp. 1294 (CIT 1993) (American Alloys

I), and held that U.S. price may not be

adjusted for a rebated tax unless it is

determined that the rebated tax bears a

direct relationship to the exported

product or a physically incorporated

component of that product. Pursuant to

the Federal Circuit’s opinion, the CIT

remanded the case to Commerce to

make such a determination with respect

to the taxes in question. On August 17,

1995, Commerce submitted the results

of its redetermination on remand to the

CIT wherein it made an upward

adjustment to U.S. price for taxes paid

on energy which it found to be

physically incorporated into the subject

merchandise. The CIT affirmed those

remand results in American Alloys, Inc.

versus United States, Slip Op. 97–37

(CIT Mar. 28, 1997) (American Alloys

IV).

In its decision in Timken Co. versus

United States, 893 F.2d 337 (Fed. Cir.

1990), the United States Court of

Appeals for the Federal Circuit held

that, pursuant to 19 U.S.C. section

1516a(e), the Department must publish

a notice of a court decision which is not

‘‘in harmony’’ with a Department

determination, and must suspend

liquidation of entries pending a

‘‘conclusive’’ court decision. The CIT’s

opinion in American Alloys IV on

March 28, 1997, constitutes a decision

not in harmony with the Department’s

final results of administrative review.

Publication of this notice fulfills the

Timken requirement.

Accordingly, the Department will

continue to suspend liquidation

pending the expiration of the period of

appeal, or, if appealed, upon a

‘‘conclusive’’ court decision.

Dated: April 8, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–9658 Filed 4–14–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of application to amend

certificate.

SUMMARY: The Office of Export Trading

Company Affairs (‘‘OETCA’’),

International Trade Administration,

Department of Commerce, has received

an application to amend an Export

Trade Certificate of Review. This notice

summarizes the proposed amendment

and requests comments relevant to

whether the amended Certificate should

be issued. Applicant has requested

expedited review.

FOR FURTHER INFORMATION CONTACT: W.

Dawn Busby, 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. 4001–21) authorizes the

Secretary of Commerce to issue Export

Trade Certificates of Review. A

Certificate of Review protects the holder

and the members identified in the

Certificate from state and federal

government antitrust actions and from

private, treble damage antitrust actions

for the export conduct specified in the

Certificate and compliance with its

terms and conditions. Section 302(b)(1)

of the Act and 15 CFR 325.6(a) require

the Secretary to publish a notice in the

Federal Register identifying the

applicant and summarizing its proposed

export conduct.

Request for Public Comments

Interested parties may submit written

comments relevant to the determination

whether an amended Certificate should

be issued. If the comments include any

privileged or confidential business

information, it must be clearly marked

and a nonconfidential version of the

comments (identified as such) should be
18316 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Notices

included. Any comments not marked

privileged or confidential business

information will be deemed to be

nonconfidential. An original and five

copies, plus two copies of the

nonconfidential version, should be

submitted no later than 20 days after the

date of this notice to: Office of Export

Trading Company Affairs, International

Trade Administration, Department of

Commerce, Room 1800H, Washington,

D.C. 20230. Information submitted by

any person is exempt from disclosure

under the Freedom of Information Act

(5 U.S.C. 552). However,

nonconfidential versions of the

comments will be made available to the

applicant if necessary for determining

whether or not to issue the Certificate.

Comments should refer to this

application as ‘‘Export Trade Certificate

of Review, application number 96–

AE003.’’ The Rice Millers’’

Association’s (‘‘RMA’’) original

Certificate was issued on August 16,

1996 (61 FR 43733, August 26, 1996). A

summary of the application for an

amendment is as follows.

Summary of the Application

Applicant: Rice Millers’’ Association,

4301 North Fairfax Drive, Suite 305,

Arlington, Virginia 22203–1616.

Contact: Cynthia H. Tough, Vice

President of International Affairs for the

USA Rice Federation, Telephone: (703)

351–8161.

Application No.: 96–AE003.

Date Deemed Submitted: March 31,

1997.

Proposed Amendment: RMA seeks to

amend its Certificate to expand the

eligibility for membership in the RMA

Certificate to include both mill members

and associate members. Associate

members include a broad range of

companies with an interest in the rice

industry, including bag manufacturers,

brokers, equipment manufacturers/

suppliers, exporters, food processing

companies, freight forwarders, grain

elevators, grain merchandisers, industry

associations, inspection companies,

management companies, port

authorities, and stevedoring/shipping

companies. Any proprietor, partnership,

or corporation, whether or not engaged

in rice milling in the United States,

which is not a member of RMA and

which wishes to participate in the

activities covered by the Certificate, may

join the ETCR upon meeting the

qualifications for membership in RMA.

Therefore, the definition of ‘‘Member’’

in RMA’s Certificate would be amended

to read as follows: ‘‘Member’’ means a

member of the Rice Millers’ Association

which has been certified as a ‘‘Member’’

within the meaning of Section 325.2(l)

of the Regulations and is listed in

Attachment I. Members must sign the

Operating Agreement of the Rice

Millers’’ Association Export Trade

Certificate of Review in order to

participate in the certified activities.

Any RMA member, including any mill

member or associate member, which is

not a Member listed in Attachment I

may join RMA’s Export Trade Certificate

of Review by requesting that RMA file

for an amended certificate and by

signing the Operating Agreement. Any

proprietor, partnership, or corporation

either engaged in rice milling in the

United States or not engaged in rice

milling in the United States, which is

not a member of RMA and which

wishes to participate in the activities

covered by this certificate, may join

RMA’s membership upon meeting the

qualifications for membership and then

request that RMA file for an amended

certificate. A Member may withdraw

from coverage under this certificate at

any time by giving written notice to

RMA, a copy of which RMA will

promptly transmit to the Secretary of

Commerce and the Attorney General.’’

Dated: April 9, 1997.

W. Dawn Busby,

Director, Office of Export Trading, Company

Affairs.

[FR Doc. 97–9617 Filed 4–14–97; 8:45 am]

BILLING CODE 3510–DR–I

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 040997A]

Groundfish of the Bering Sea and

Aleutian Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of receipt of an

experimental fishing permit.

SUMMARY: This notice announces receipt

of an application from John Gauvin,

Groundfish Forum, Inc., for an

Experimental Fishing Permit (EFP). If

awarded, this permit would be used to

systematically test the effects of a

different trawl net design on species and

size composition of catch in trawls

targeting flatfish. It is intended to

promote the objectives of the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands Area (FMP).

ADDRESSES: Copies of the EFP

application are available from Steven

Pennoyer, Administrator, Alaska

Region, NMFS, P.O. Box 21668, Juneau,

AK 99802, Attn: Lori Gravel.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, 907–586–7228.

SUPPLEMENTARY INFORMATION: The FMP

and its implementing regulations at 50

CFR part 679.6 authorize issuance of

EFPs to allow fishing that would

otherwise be prohibited. Procedures for

issuing EFPs are contained in the

implementing regulations. NMFS

received a request from the applicant on

March 14, 1997, that, if approved,

would be used to systematically test the

effects of a different trawl net design on

species and size composition of catch in

trawls targeting flatfish. Information

from this experiment could be used by

the fishing industry to reduce catches of

non-target species (e.g., pollock and

cod) while fishing for flatfish, thereby

reducing waste and discard of those

species.

In accordance with regulations, NMFS

has determined that the proposal

warrants further consideration and has

initiated consultation with the North

Pacific Fishery Management Council

(Council) by forwarding the application

to the Council. The Council will

consider the EFP application during its

April 15–19, 1997, meeting and has

invited the applicant to appear in

support of the application if he so

desires.

A copy of the application is available

for review from the NMFS Regional

Administrator (see ADDRESSES).

Authority: 16 U.S.C. 1801 et seg.

Dated: April 9, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–9630 Filed 4–14–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 033197C]

Secretary’s Report to Congress on the

Pribilof Islands as Required Under

Public Law 104–91

AGENCY: National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of submission of report

to Congress.

SUMMARY: Public Law 104–91, section

3(c) requires the Secretary of Commerce

to prepare and submit a report on

necessary actions to resolve Federal