Federal Register / Vol. 63, No. 10 / Thursday, January 15, 1998 / Notices 2363

reais to U.S. dollars, the Department

incorrectly divided the reais amount by

the exchange rate.

Department’s Position: We agree with

the petitioners. The exchange rate that

the Department used was 1.182033 U.S.

dollars = 1 real. Therefore, when

converting reais to U.S. dollars, we

should have multiplied the reais

amount by 1.182033. We have corrected

this calculation for these amended final

results of review.

Issue 6: The petitioners allege that the

Department made the same conversion

error, noted in Issue 5 above, with

regard to U.S. packing expenses.

Department’s Position: We agree with

the petitioners and have corrected this

error for these amended final results of

review.

Issue 7: The petitioners contend that

in calculating adjustments to CV the

Department subtracted home market

packing expenses from a CV that did not

include those expenses.

Department’s Position: We agree with

the petitioners, and have eliminated this

adjustment from the weighted-average

margin calculation for these amended

final results of review.

Issue 8: The petitioners note that

although the Department’s final results

of review analysis memorandum states

that the Department calculated the ratio

of net profit to cost of goods sold based

on information from Ferbasa’s financial

statements, it appears that the

Department actually calculated a ratio of

net profit to net sales value, thereby

understating the profit ratio.

Ferbasa contends that in the draft

amended final results of review, the

Department calculated the profit ratio

using profit and cost of manufacturing

rather than profit and cost of goods sold.

Ferbasa further contends that the

Department should apply the profit rate

to a pre-profit CV that does not include

amounts for ICMS and IPI taxes since

the profit ratio is calculated based on a

cost of goods sold amount that is net of

the ICMS and IPI taxes.

Department’s Position: We agree with

the petitioners that in our final results

of review we inadvertently calculated a

ratio of profit to net sales value. We also

agree with Ferbasa that for the draft

amended final results of review, we

inadvertently used the cost of

manufacturing rather than the cost of

goods sold in our profit rate calculation.

For these amended final results, we

have corrected the profit calculation to

reflect a ratio of net profit to cost of

goods sold. However, there is no

information on the record to

substantiate Ferbasa’s claim that the

cost of goods sold figure is calculated

net of ICMS and IPI taxes. Therefore, we

are not changing the pre-profit CV in

our calculations to exclude these taxes.

Issue 9: The petitioners argue that the

Department’s final results of review

analysis memorandum states that the

Department applied an 18 percent facts

available (FA) rate for ICMS taxes

incurred by Ferbasa on electricity costs.

Petitioners note, however, that in the

calculations, the Department applied as

FA for ICMS taxes on electricity an

actual figure that was less than 18

percent of Ferbasa’s electricity cost.

Department’s Position: We agree with

the petitioners and have corrected this

error for these amended final results of

review.

Amended Final Results of Review

As a result of our correction of the

ministerial errors, we have determined

that the amended weighted-average

margin for Ferbasa for the period August

15, 1993 through February 28, 1995 is

30.69 percent.

The Department shall determine, and

the U.S. Customs Service shall assess,

antidumping duties on all appropriate

entries. The Department will issue

appraisement instructions concerning

the respondent directly to the U.S.

Customs Service.

Furthermore, the following cash

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 final

amended results of administrative

review, as provided for by section

751(a)(1) of the Act: (1) The amended

cash deposit rate for the reviewed

company named above will be the rate

as stated above; (2) for previously

investigated or reviewed 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, 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) if neither the

exporter nor the manufacturer is a firm

covered in this review, the cash deposit

rate for all other manufacturers or

exporters will be 35.95 percent, the All

Others rate established in the amended

final LTFV investigation. These

amended deposit requirements, when

imposed, shall remain in effect until

publication of the final results of the

next administrative review.

Assessment Rates

For assessment purposes, we

calculated an importer-specific

assessment rate. For the export price

(EP) sale, we divided the total dumping

margin (calculated as the difference

between normal value and EP) by the

total entered value of the merchandise.

Upon completion of this review, we will

direct the U.S. Customs Service to

assess the resulting ad valorem rate

against the entered value of each entry

of the subject merchandise by the

importer during the period of review.

This notice also 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 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 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 of return/destruction of

APO materials 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) and

(h) of the Tariff Act (19 U.S.C. 1675(a)(1)

and (h) and 19 CFR 353.28.

Dated: January 12, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–1158 Filed 1–14–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 010998B]

Western Pacific Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting.

SUMMARY: The Western Pacific Fishery

Council will hold public meetings

(including hearings) in Hawaii on the

islands of Maui, Oahu, and Kauai to
2364 Federal Register / Vol. 63, No. 10 / Thursday, January 15, 1998 / Notices

solicit comment on a limited access

program proposed for the Mau Zone

bottomfish fishery in the Northwestern

Hawaiian Islands.

DATES: The schedule for the public

meetings is as follows: Tuesday, 27

January 1998, Lihikai Elementary

School, 6:00 pm - 9:00 pm, Kahalui,

Maui; Wednesday, 28 January 1998,

Council Office, 6:30 pm - 9:00 pm,

Honolulu, Hawaii; and Thursday, 29

January 1998, Wilcox Elementary, 6:00

pm - 9:00 pm, Lihue, Kauai.

ADDRESSES: The meetings will be held

at: Maui, Lihikai Elementary School,

Kahalui, Maui, 335 Papa Street, 96732;

Oahu, Council Office, 1164 Bishop

Street, Suite 1400, Honolulu, Hawaii,

96813; Kauai, Wilcox Elementary

School, 4319 Hardy Street, Lihue,

Kauai, 96766. Telephone inquires can

be made to (808) 522–8220.

Council address: Western Pacific

Fishery Management Council, 1164

Bishop St., Suite 1400, Honolulu, HI,

96813.

FOR FURTHER INFORMATION CONTACT:

Kitty M. Simonds, Executive Director;

telephone 808–522–8220.

SUPPLEMENTARY INFORMATION: The

Western Pacific Fishery Management

Council will be holding public

meetings/hearings on Maui, Oahu, and

Kauai to solicit comments on the

proposed limited access system for the

Mau Zone bottomfish fishery in the

Northwestern Hawaiian Islands. In 1989

the Mau Zone was established through

Amendment 2 of the Council’s

Bottomfish and Seamount Groundfish

Fishery Management Plan. The Mau

Zone was created as an open access

fishery but required a federal permit for

participation. Currently, a 2 year

moratorium is in place on the issuance

of new permits for the Mau Zone

fishery. The moratorium is scheduled to

expire 27 March 1999, by which time

the Council intend to establish a new

management program for the fishery.

Although other issues not on the

agenda may come before this Council

for discussion, in accordance with the

Magnuson-Stevens Fishery

Conservation and Management Act,

those issues may not be the subject of

formal Council action during these

meetings. Council action will be

restricted to those issues specifically

identified in the agenda listed in this

notice.

Special Accommodations

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Kitty M. Simonds, 808–522–8220

(voice) or 808–522–8226 (fax), at least 5

days prior to meeting date.

Dated: January 9, 1998.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–1051 Filed 1–14–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 010998A]

Endangered and Threatened Species;

Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Receipt of applications for

scientific research permits 1059, 1072,

1074, 1075, 1088, 1092, 1114, 1115, and

1116. Issuance of scientific research

permits 1066, 1079, 1080, 1082, 1103,

1104, modification 3 to permit 895, and

amendments to permits 795, 1005, 822,

and 825.

SUMMARY: Notice is hereby given that

the following applicants have applied in

due form for permits that would

authorize takes of an endangered or

threatened species for scientific research

purposes: Carl Page, in Cotati, CA

(1059); U.S.D.I. Bureau of Reclamation

(BOR), in Shasta Lake, CA (1072);

Pacific Lumber Company (PLC), in

Scotia, CA (1074); Pacific Coast

Federation of Fishermen’s Associations

(PCFFA), in Miranda, CA (1075);

U.S.D.I. Bureau of Land Management

(BLM), in Arcata, CA (1088); Sierra

Pacific Industries (SPI), in Redding, CA

(1092); the State of Washington,

Department of Fish and Wildlife

(WDFW) at Olympia, WA (1114); Public

Utility District No. 1 of Chelan County

(PUDCC), at Wenatchee, WA (1115); and

Public Utility District No. 1 of Douglas

County (PUDDC) at East Wenatchee,

WA (1116).

Notice is also given that NMFS has

issued scientific research permits that

authorize takes of Endangered Species

Act-listed anadromous fish species for

the purpose of scientific research and/

or enhancement, subject to certain

conditions set forth therein, to: D.W.

Alley and Associates (DWAA),

Brookedale, CA (1066); Georgia-Pacific

West, Inc. (GPWI), Fort Bragg, CA

(1079); Dr. Jerry J. Smith, San Jose State

University (SJSU), San Jose, CA (1080);

Salmon Trollers Marketing Association

(STMA), Fort Bragg, CA (1082); the

California Department of Forestry and

Fire Protection (CDFFP), Santa Rosa, CA

(1103); Louisiana-Pacific Corporation

(LPC), Trinidad, CA (1104); has issued

a modification to a permit to the U.S.

Army Corps of Engineers (Corps), at

Walla Walla, WA (895).

Notice is also given that NMFS issued

amendments to permits to: the Idaho

Department of Fish and Game (IDFG), at

Boise, ID (795); the Northwest Fisheries

Science Center, NMFS (NWFSC), at

Seattle, WA (1005); the Fish Passage

Center (FPC), at Portland, OR (822); and

the Columbia River Inter-Tribal Fish

Commission (CRITFC), at Portland, OR

(825).

DATES: Written comments or requests for

a public hearing on any of these

applications must be received on or

before February 17, 1998.

ADDRESSES: The applications and

related documents are available for

review in the following offices, by

appointment:

For applications/permits 1059, 1066,

1072, 1074, 1075, 1079, 1080, 1082,

1088, 1092, 1103, 1104: Protected

Species Division, NMFS, 777 Sonoma

Avenue, Room 325, Santa Rosa, CA

95404–6528 (707 575–6066);

For applications/permits 895, 795,

1005, 822, 825, 1114, 1115, 1116:

Protected Resources Division, F/NWO3,

NMFS, 525 NE Oregon Street, Suite 500,

Portland, OR 97232–4169 (503–230–

5400);

All documents may also be reviewed

by appointment in the Office of

Protected Resources, F/PR3, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910–3226 (301–713–1401).

FOR FURTHER INFORMATION CONTACT: For

permits 1059, 1066, 1072, 1074, 1075,

1079, 1080, 1082, 1088, 1092, 1103,

1104: Tom Hablett, Protected Resources

Division, NMFS Santa Rosa office, (707–

575–6066).

For permits 1114, 1115, 1116: Tom

Lichatowich, Protected Resources

Division, NMFS Portland office, (503–

230–5438).

For permits 895, 795, 1005, 822, 825:

Robert Koch, Protected Resources

Division, NMFS Portland office, (503–

230–5424).

SUPPLEMENTARY INFORMATION: Permits

are requested under the authority of

section 10 of the Endangered Species

Act of 1973 (ESA) (16 U.S.C. 1531–

1543) and the NMFS regulations

governing ESA-listed fish and wildlife

permits (50 CFR parts 217–227).

Those individuals requesting a

hearing on these requests for permits

should set out the specific reasons why

a hearing would be appropriate (see

ADDRESSES). The holding of such a