Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices 25447

Replacement, and Appeals. Electronic

reporting is used for Prior Notice of

Landing, Permission to Land, Vessel

Clearance, Landing Report, and

Transshipment Notice.

III. Data

OMB Number: 0648–0272.

Form Number: None.

Type of Review: Regular Submission.

Affected Public: Individuals, business

or other for-profit organizations.

Estimated Number of Respondents:

65,120.

Estimated Time Per Response: 4 hours

for Appeals, 1 hour for Notification of

Inheritance, 2 hours for Application for

Transfer, 2 hours for Corporation or

Partnership Eligibility, 0.5 hour for

Registered Buyer Application, 0.5 hour

for Application for an Additional Card,

0.2 hour for Prior Notice of Landing, 0.1

hour for Permission to Land, 0.1 hour

for Vessel Clearance, 0.2 hour for

Landing Report, 0.1 hour for

Transshipment Notice, 0.2 hour for

Shipment Report, and 0.5 hour for

Application for Replacement.

Estimated Total Annual Burden

Hours: 16,670 hours.

Estimated Total Annual Cost to

Public: $0 (no capital expenditures).

IV. Request for Comments

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden

(including hours and cost) of the

proposed collection of information; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on respondents, including through the

use of automated collection techniques

or other forms of information

technology.

Comments submitted in response to

this notice will be summarized and/or

included in the request for OMB

approval of this information collection;

they also will become a matter of public

record.

Dated: May 4, 1998.

Linda Engelmeier,

Departmental Forms Clearance Officer, Office

of Management and Organization.

[FR Doc. 98–12247 Filed 5–7–98; 8:45 am]

BILLING CODE 3510–22–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–301–602]

Certain Fresh Cut Flowers From

Colombia; Preliminary Results of

Antidumping Duty Changed

Circumstances Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of preliminary results of

antidumping duty changed

circumstances review.

SUMMARY: In response to a request by

Flores El Talle S.A., the Department of

Commerce is conducting a changed

circumstances review to confirm that

the revocation granted to the Flores

Colombianas Group is applicable

equally to Flores El Talle S.A. The

antidumping duty order was revoked

with respect to the Flores Colombianas

Group in the fourth administrative

review. In this changed circumstances

review, the Department of Commerce

has examined in detail Flores El Talle

S.A. and its relationship with the Flores

Colombianas Group. As a result of this

review, the Department of Commerce

preliminarily finds that Flores El Talle

S.A. is a member of the Flores

Colombianas Group and, as such, is

subject to the revocation which applies

to the Flores Colombianas Group.

EFFECTIVE DATE: May 8, 1998.

FOR FURTHER INFORMATION CONTACT: Roy

Malmrose or Stephanie Hoffman, AD/

CVD Enforcement, Office 1, Import

Administration, International Trade

Administration, United States

Department of Commerce, Washington,

DC 20230; telephone: (202) 482–5414 or

(202) 482–4198, respectively.

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. In addition, unless

otherwise indicated, all citations to

section 351 of the regulations of the

Department of Commerce (‘‘the

Department’’) are to the current

regulations, as published in the Federal

Register on May 19, 1997 (62 FR 27296).

SUPPLEMENTARY INFORMATION:

Background

In the final results of the fourth

administrative review (see 59 FR 15159;

March 31, 1994), the antidumping duty

order on certain fresh cut flowers from

Colombia was revoked with respect to

the Flores Colombianas Group, based on

three consecutive administrative

reviews in which the Department

determined that the Flores Colombianas

Group was not selling the subject

merchandise at less than fair value in

the United States.

During the ninth administrative

review, Flores El Talle S.A. (‘‘Flores El

Talle’’) notified the Department in an

August 23, 1996, letter that the company

had been created in the summer of 1991,

within the context of the Flores

Colombianas Group and that Flores El

Talle and the Flores Colombianas Group

share common ownership and

management. The letter requested that

the Department confirm that the

revocation of the antidumping duty

order with respect to the Flores

Colombianas Group is applicable

equally to Flores El Talle. In the final

results of the ninth review, the

Department determined that Flores El

Talle had no entries during the POR,

rescinded the review with respect to

Flores El Talle, and stated that it would

initiate a changed circumstances review

to examine whether Flores El Talle

should be subject to the revocation

which applies to the Flores

Colombianas Group (see, Certain Fresh

Cut Flowers from Colombia; Final

Results and Partial Rescission of

Antidumping Duty Administrative

Review, 62 FR 53287, 53303; October

14, 1997). The Department initiated the

changed circumstances review on

October 15, 1997 (62 FR at 53593). The

Department is conducting this changed

circumstances review in accordance

with section 751(b) of the Act and 19

CFR 351.216(d) of the Department’s

regulations.

Scope of Review

The scope of the order under review

is shipments of certain fresh cut flowers

from Colombia (standard carnations,

miniature (spray) carnations, standard

chrysanthemums and pompon

chrysanthemums). These products are

currently classifiable under item

numbers 0603.10.30.00, 0603.10.70.10,

0603.10.70.20, and 0603.10.70.30 of the

Harmonized Tariff Schedule (HTS).

Although the HTS numbers are

provided for convenience and customs

purposes, the written description of the

scope is dispositive.

Preliminary Analysis

This review covers one producer of

the subject merchandise, Flores El Talle,

an entity created within the context of

the Flores Colombianas Group, a group

of producers and exporters. The
25448 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices

Department has revoked the order with

respect to that group. The Department

has examined the question of whether

Flores El Talle should be assigned a

cash deposit rate equal to the ‘‘all

others’’ rate, or be subject to Flores

Colombianas Group’s revocation. If the

Department determines that Flores El

Talle should be collapsed with the other

companies comprising the Flores

Colombianas Group and treated as a

single entity in the production and sale

of the subject merchandise, its

shipments would not be subject to

suspension of liquidation or

antidumping duty deposit requirements

under this order because the revocation

applicable to the Flores Colombianas

Group would be applicable equally to

Flores El Talle.

As stated above, the antidumping

order was revoked with respect to the

Flores Colombianas Group, effective

May 31, 1994. During the three

consecutive review periods on which

the revocation was based (March 1, 1988

to February 28, 1991) the Flores

Colombianas Group was comprised of

four entities: (1) Agrosuba Ltda., (2)

Flores Colombianas Ltda., (3) Jardines

de los Andes SA, and (4) Productos El

Cartucho SA. On July 18, 1991, Flores

El Talle was set up to acquire the assets

and liabilities of Flores El Cielo Ltda.,

a company that did not produce or

export subject merchandise. Flores El

Talle began to produce the subject

merchandise in the second half of 1991.

The question under review is

whether, after its inception, Flores El

Talle’s affiliation with the Flores

Colombianas Group and the manner in

which operations were conducted were

such that Flores El Talle should be

collapsed with the other companies

already comprising the Flores

Colombianas Group and treated as a

single entity and, therefore, subject to

the revocation applicable to the Flores

Colombianas Group.

According to section 351.401(f) of the

Department’s regulations, in order for

the Department to collapse two

producers, i.e., treat them as a single

entity, the Department must find that,

(1) the producers are affiliated under

section 771(33) of the Act, (2) the

producers have production facilities for

similar or identical products that would

not require substantial retooling in order

to restructure manufacturing priorities,

and (3) there is a significant potential

for the manipulation of price or

production (see also, Notice of Final

Determination of Sales at Less Than

Fair Value: Collated Roofing Nails From

Taiwan, 62 FR 51427, 51436 (October 1,

1997), (‘‘Collated Roofing Nails From

Taiwan’’) and Grey Portland Cement

and Clinker From Mexico: Final Results

of Antidumping Administrative Review,

62 FR 17148, 17155 (April 9, 1997)).

First, we find that because Flores El

Talle and the Flores Colombianas Group

are under common ownership and

control, these companies are affiliated

under sections 771(33)(E) and (F) of the

Act. (For more information on common

ownership, management, and control of

Flores El Talle and other members of the

Flores Colombianas Group, see, Flores

El Talle’s August 23, 1996, submission.)

Second, the evidence on the record

demonstrates that Flores El Talle does

have production facilities for similar or

identical products. Although Flores El

Talle is not currently a producer of the

subject merchandise (due to soil

infestation with ‘‘fusarium

oxysporium,’’ Flores El Talle ceased

production of the subject merchandise

in December 1995), it still has the

capability of producing the subject

merchandise and substantial work

would not be required in order to

restructure production priorities (see,

Collated Roofing Nails From Taiwan, 62

FR at 51436).

We also determine that the third

criterion of our collapsing inquiry is

met. According to section 351.401(f)(2)

of the Department’s regulations, in

determining whether there is a

significant potential for manipulation of

price or production, the Department

may consider factors such as (1) the

level of common ownership; (2) the

extent to which managerial employees

or board members of one firm sit on the

board of directors of an affiliated firm;

and (3) whether business operations are

intertwined, such as through shared

sales information, involvement in

production and pricing decisions, the

sharing of facilities or employees, or

significant transactions between the two

enterprises.

As stated previously, Flores El Talle

has common ownership, management,

and control with other companies in the

Flores Colombianas Group. Flores El

Talle has only existed in the context of

the Flores Colombianas Group, and all

five companies of the Flores

Colombianas Group share information,

supplement sales efforts, and coordinate

pricing and business strategy with one

another. Sales and marketing personnel

for the subject merchandise are shared

by all five members of the Flores

Colombianas Group, and Flores El Talle

has joint offices with two other

companies in the Flores Colombianas

Group, Agrosuba and Flores

Colombianas Ltda., to handle

purchasing, accounting and

communication requirements.

Preliminary Results of the Review

Applying the evidence on the record

to the collapsing inquiry set forth above,

we find that (1) Flores El Talle and the

Flores Colombianas Group are affiliated

under sections 771(33)(E) and (F) of the

Act; (2) the production facilities are

essentially similar so that they would

not require substantial work to

restructure manufacturing priorities;

and (3) there are intertwined business

operations, common management and

board members, and coordination of the

production and sales strategies such that

there exists significant potential for

price or production manipulation.

Based on this analysis, we

preliminarily determine that it is

appropriate to collapse Flores El Talle

into the Flores Colombianas Group.

Therefore, we intend to treat Flores El

Talle as part of the Flores Colombianas

Group and apply the revocation from

the antidumping duty order with

respect to the Flores Colombianas Group

to Flores El Talle. If this revocation is

applied to Flores El Talle, it will apply

to all unliquidated entries of this

merchandise produced by Flores El

Talle, exported to the United States and

entered, or withdrawn from warehouse,

for consumption, on or after May 31,

1994, which is the effective date of the

revocation from the order for the Flores

Colombianas Group. If the final results

of this changed circumstances review

remain unchanged, we will instruct the

U.S. Customs Service to release any

cash deposit or bond and liquidate the

entries without regard for antidumping

duties (see, 19 CFR 351.222(g)(4)).

Interested parties may request a

hearing within ten days of publication

of these preliminary results. If

requested, a hearing will be held the

37th day after publication. Interested

parties may submit case briefs and/or

written comments no later than 30 days

after the date of publication. Rebuttal

briefs and rebuttals to written

comments, limited to issues raised in

such briefs or comments, may be filed

no later than five days after the time

limit for filing case briefs. The case

briefs and rebuttal briefs must be served

on interested parties in accordance with

19 CFR 351.303(f)(3)(i). The Department

will publish the final results of this

changed circumstances review, which

will include the results of its analysis

raised in any such written comments.

This changed circumstances review and

notice are in accordance with 19 CFR

351.216.
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices 25449

Dated: May 1, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–12205 Filed 5–7–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–848]

Freshwater Crawfish Tail Meat From

the People’s Republic of China:

Initiation of New Shipper Antidumping

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation of new

shipper antidumping Administrative

Review.

SUMMARY: The Department of Commerce

(the Department) has received a request

from Ningbo Nanlian Frozen Foods

Company, Ltd. (Ningbo Nanlian) to

conduct a new shipper administrative

review of the antidumping duty order

on freshwater crawfish tail meat from

the People’s Republic of China (PRC),

which has a September anniversary

date. In accordance with the

Department’s current regulations, we are

initiating this administrative review.

EFFECTIVE DATE: May 8, 1998.

FOR FURTHER INFORMATION CONTACT:

Leah Schwartz or Maureen Flannery,

AD/CVD Enforcement, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C. 20230;

telephone: (202) 482–3782 or (202)482–

3020, respectively.

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.

In addition, unless otherwise indicated,

all citations to the Department’s

regulations are to the current

regulations, codified at 19 CFR part 351,

62 FR 27295 (May 19, 1997).

Background

On March 27, 1998, the Department

received a timely request, in accordance

with section 751 (a)(2)(B) of the Act, and

section 351.214 (c) of the Department’s

regulations, for a new shipper review of

this antidumping duty order which has

a September anniversary date.

Initiation of Review

In its request of March 27, 1998,

Ningbo Nanlian certified that it did not

export the subject merchandise to the

United States during the period of

investigation (POI) (March 1, 1996

through August 31, 1996), and is not

affiliated with any company which

exported subject merchandise to the

United States during the POI. Ningbo

Nanlian further certified that its export

activities are not controlled by the

central government of the PRC.

In its March 27, 1998 request for

review, Ningbo Nanlian submitted a

statement from Yinxian No. 2 Freezing

Factory (YFF), the producer/supplier of

subject merchandise to Ningbo Nanlian,

certifying that it is not affiliated with

any exporter or producer who exported

subject merchandise during POI. YFF

further certified that its export activities

are not controlled by the government of

the PRC.

In accordance with section

751(a)(2)(B) and 19 CFR 351.214(d), we

are initiating a new shipper review of

the antidumping duty order on

freshwater crawfish tail meat from the

PRC. We intend to issue the final results

of these reviews not later than 270 days

from the publication of this notice.

The standard period of review (POR)

in a new shipper review initiated in the

month immediately following the

semiannual anniversary month is the

six-month period immediately

preceding the semiannual anniversary

month. However, the Department may

define the POR to cover the first

exportation of a new shipper. See

Initiation of New Shipper Antidumping

Duty Administrative Review: Certain

Pasta from Italy, 62 FR 8927 (February

27, 1997), and Fresh and Chilled

Atlantic Salmon from Norway: Initiation

of New Shipper Antidumping Duty

Administrative Review 62 FR 28840

(May 28, 1997). Therefore, the POR for

this review has been defined to include

the month of March 1998.

Antidumping duty proceeding Period to be reviewed

The PRC: Fresh Water Crawfish Tail Meat, A–570–848: Ningbo Nanlian Frozen Foods Company, Ltd .................................... 9/01/97—3/31/98

Concurrent with publication of this

notice, we will instruct the U.S.

Customs Service to allow, at the option

of the importer, the posting, until the

completion of the review, of a bond or

security in lieu of a cash deposit for

each entry of the merchandise exporter

by the company listed above, in

accordance with 19 CFR 351.214(e).

Interested parties must submit

applications for disclosure under

administrative protective order in

accordance with 19 CFR 351.305 and

351.306.

This initiation and notice are in

accordance with section 751(a) of the

Act (19 U.S.C. 1675(a)) and 19 CFR

351.214.

Dated: April 30, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–12204 Filed 5–7–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–201–817]

Oil Country Tubular Goods From

Mexico; Initiation of Changed

Circumstances Antidumping Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation of changed

circumstances antidumping duty

administrative review.

SUMMARY: The Department of Commerce

(the Department) is initiating a changed

circumstances antidumping duty

administrative review of the

antidumping duty order on oil country

tubular goods (‘‘OCTG’’) from Mexico.

See Notice of Final Determination; Oil

Country Tubular Goods from Mexico, 60

FR 33567 (June 28, 1995).

Within the past year, the Department

has received two requests to revoke the

antidumping duty (AD) order covering

OCTG from Mexico as it pertains to drill

pipe with tool joints attached

(commonly referred to as finished drill

pipe). One was a request by the

International Association of Drilling