Federal Register / Vol. 63, No. 117 /Thursday, June 18, 1998 / Notices 33351

appropriate for N.A.R.S.p.A. because

this firm did not respond to the

Department’s antidumping

questionnaire. In addition, there is no

information on the record within the

meaning of section 782(e) of the Act

with regard to sales by N.A.R.S.p.A. and

therefore no information to consider as

an alternative to facts available in

determining the margin for N.A.R.S.p.A.

The Department finds that, in not

responding to the questionnaire, this

firm failed to cooperate by not acting to

the best of its ability to comply with

requests for information from the

Department. Where the Department

must base the entire dumping margin

for a respondent in an administrative

review on the facts available because the

respondent failed to cooperate, section

776(b) authorizes the Department to use

an inference adverse to the interests of

the 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.

As adverse facts available, we have

used the highest rate from any prior

segment of the proceeding, 12.66

percent. This rate was calculated in the

Final Results of Administrative Review

of Antidumping Finding (48 FR 35666),

covering the period February 18, 1977

through September 30, 1980.

Information from prior segments of the

proceeding constitutes ‘‘secondary

information’’ within the meaning of

section 776(c) of the Act. Section 776(c)

provides that the Department shall, to

the extent practicable, corroborate

secondary information by comparing it

with independent sources reasonably at

its disposal. The Statement of

Administrative Action (SAA) provides

that corroborate means simply that the

Department will satisfy itself that the

secondary information to be used has

probative value.

To corroborate secondary information,

the Department will, to the extent

practicable, examine the reliability and

relevance of the information to be used.

However, unlike other types of

information, such as input costs or

selling expenses, there are no

independent sources for calculated

dumping margins. The only source for

margins is administrative

determinations. Thus, in an

administrative review, if the Department

chooses as total adverse facts available

a calculated dumping margin from a

prior segment of the proceeding, it is not

necessary to question the reliability of

the margin for that time period. With

respect to the relevance aspect of

corroboration, however, the Department

will consider information reasonably at

its disposal as to whether there are

circumstances that would render a

margin not relevant. Where

circumstances indicate that the selected

margin is not appropriate as adverse

facts available, the Department will

disregard the margin and determine an

appropriate margin (see, e.g., Fresh Cut

Flowers from Mexico; Preliminary

Results of Antidumping Duty

Administrative Review (60 FR 49567),

where the Department disregarded the

highest margin as averse facts available

because the margin was based on

another company’s uncharacteristic

business expense resulting in an

unusually high margin). No such

circumstances exist in this case which

would cause the Department to

disregard a prior margin.

Preliminary Results of the Review

As a result of this review, we

preliminarily determine that the

following margin exists for the period

October 1, 1996, through September 30,

1997:

Manufacturer/exporter Margin

(percent)

N.A.R.S.p.A ............................... 12.66

Parties to the proceeding may request

disclosure within five days of the date

of publication of this notice. Interested

parties may also request a hearing

within ten days of publication. If

requested, a hearing will be held as

early as convenient for the parties but

not later than 39 days after the date of

publication of the first work day

thereafter. Interested parties may submit

case briefs not later than 30 days after

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 of this notice. The

Department will issue a notice of the

final results of this administrative

review, which will include the results of

its analysis of issues raised in any such

briefs, within 120 days from the

publication of these preliminary results.

The Department shall determine, and

the Customs Service shall assess,

antidumping duties on all appropriate

entries. Furthermore, the following

deposit requirements will be effective

upon completion of the final results of

this administrative review for all

shipments of pressure sensitive plastic

tape from Italy entered, or withdrawn

from warehouse, for consumption on or

after the publication date of the final

results of this administrative review, as

provided by section 751(a)(1) of the Act:

(1) the cash deposit rate for the

reviewed company will be the rate

established in the final results of this

administrative review (except no cash

deposit will be required where

weighted-average margin is de minimis,

i.e., less than 0.5 percent); (2) for

merchandise exported by manufacturers

or exporters not covered in this review

but covered in the original less-thanfair-value (LTFV) investigation or a

previous review, the cash deposit will

continue to be the most recent rate

published in the final determination or

final results for which the manufacturer

or exporter received an individual rate;

(3) if the exporter is not a firm covered

in this review, a previous review, or the

original 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 reviews

or the original investigation, the cash

deposit rate will be 12.66 percent, the

‘‘new shipper’’ rate established in the

first notice of final results of

administrative review published by the

Department (48 FR 35686, August 5,

1983).

This notice serves as a preliminary

reminder to importers of their

responsibility 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 sections

751(a)(1) and 777(i)(1) of the Act.

Dated: June 11, 1998.

Robert S. LaRussa,

Assistant Secretary, Import Administration.

[FR Doc. 98–16273 Filed 6–17–98; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

North American Free-Trade Agreement

(NAFTA), Article 1904 Binational Panel

Reviews

AGENCY: NAFTA Secretariat, United

States Section, International Trade

Administration, Department of

Commerce.

ACTION: Notice of decision of panel.
33352 Federal Register / Vol. 63, No. 117 /Thursday, June 18, 1998 / Notices

SUMMARY: On June 4, 1998 the

binational panel issued its decision in

the review of the final antidumping

duty administrative review respecting

Certain Corrosion-Resistant Carbon

Steel Flat Products from Canada,

Secretariat File No. USA–97–1904–03.

The panel affirmed in part and

remanded in part the final

determination for further action within

60 days. Copies of the panel decision

are available from the U.S. Section of

the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States

Secretary, NAFTA Secretariat, Suite

2061, 14th and Constitution Avenue,

Washington, D.C. 20230, (202) 482–

5438.

SUPPLEMENTARY INFORMATION: Chapter

19 of the North American Free-Trade

Agreement (‘‘Agreement’’) establishes a

mechanism to replace domestic judicial

review of final determinations in

antidumping and countervailing duty

cases involving imports from a NAFTA

country with review by independent

binational panels. When a Request for

Panel Review is filed, a panel is

established to act in place of national

courts to review expeditiously the final

determination to determine whether it

conforms with the antidumping or

countervailing duty law of the country

that made the determination.

Under Article 1904 of the Agreement,

which came into force on January 1,

1994, the Government of the United

States, the Government of Canada and

the Government of Mexico established

Rules to Procedure for Article 1904

Binational Panel Reviews (‘‘Rules’’).

These Rules were published in the

Federal Register on February 23, 1994

(59 FR 8686). The panel review in this

matter has been conducted in

accordance with these Rules.

BACKGROUND: On May 12, 1997,

Stelco, Inc. filed a First Request for

Panel Review with the U.S. Section of

the NAFTA Secretariat pursuant to

Article 1904 of the North American Free

Trade Agreement. Panel review was

requested of the final antidumping duty

Administrative review made by the

International Trade Administration in

the administrative review respecting

Certain Corrosion-Resistant Carbon

Steel Flat Products from Canada. This

determination was published in the

Federal Register on April 15, 1997 (62

FR 18448). The NAFTA Secretariat

assigned Case Number USA–97–1904–

03 to this request. The panel reviewed

the complaints, briefs and other

documents and heard oral argument in

this matter.

Panel Decision: The panel remanded

the final determination to ITA to (1)

reconsider the calculations of transfer

prices for certain inputs and consider

arguments that the transfer price of

those inputs should be recalculated to

take account of the actual costs with

regard to those inputs; (2) recompute the

net interest expense factor to include

certain payments to governments other

than income tax; and (3) correct clerical

errors concerning certain inland freight

expenses. The panel ordered the remand

determination to be returned within 60

days (by August 3, 1998).

Dated: June 8, 1998.

James R. Holbein,

U.S. Secretary, NAFTA Secretariat.

[FR Doc. 98–16159 Filed 6–17–98; 8:45 am]

BILLING CODE 3510–61–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[Docket No. 980429111–8111–01]

RIN 0648–ZA43

Coastal Services Center Coastal

Change Analysis Program

AGENCY: National Ocean Service (NOS),

National Oceanic and Atmospheric

Administration (NOAA), Commerce.

ACTION: Notice of availability of Federal

assistance.

SUMMARY: The Coastal Services Center

announces the availability of Federal

assistance for fiscal year 1999 in the

Coastal Change Analysis Program. This

announcement provides detailed

guidelines for the program area and

include details for the technical

program, evaluation criteria, and

selection procedures. All applicants are

required to submit a NOAA Grants

Application Package and project

proposal. The standard NOAA Grants

Application Package (which includes

forms SF–424, SF–424A, SF–424B, SF–

424C, SF–424D, CD–511, DC–512, and

SF–LLL) can be obtained from the

Coastal Services Center, (843) 740–1200.

Each funded project will establish a

cooperative agreement. The total

amount of funding is $200,000 to

$335,000. A 20% cost share is required.

DATES: Completed applications will be

accepted through 5:00 pm Eastern

Daylight Time on July 15, 1998. Target

award date is anticipated to be within

90 days of application closing date.

ADDRESSES: Send completed

applications to Dr. Dorsey Worthy,

NOAA Coastal Services Center, 2234

South Hobson Avenue, Charleston,

South Carolina 29405–2413.

FOR FURTHER INFORMATION CONTACT:

Dr. Dorsey Worthy, (843) 740–1234 or

dworthy@csc.noaa.gov.

SUPPLEMENTARY INFORMATION:

Authority

Statutory authority for this program is

provided under 16 U.S.C. Sec. 1456.c

(Technical Assistance); 15 U.S.C. Sec.

1540 (Cooperative Agreements); 33

U.S.C. Sec. 1442 [Research program

respecting possible long-range effects of

pollution, overfishing, and man-induced

changes of ocean ecosystems]; and 33

U.S.C. Sec. 1441 (Monitoring and

research programs).

Catalog of Federal Domestic Assistance

(CFDA)

The CSC Program is listed in the

Catalog of Federal Domestic Assistance

under Number 11.473.

Program Description

NOAA’s Coastal Services Center

(CSC) is seeking proposals to expand its

national effort to monitor change in

coastal habitats. The purpose of these

guidelines is to identify eligibility

criteria, roles and responsibilities,

milestones, and selection criteria

associated with the award. Each funded

project will establish a one year

cooperative agreement between CSC and

the Cooperator. Most projects will be

funded in the approximately $10,000–

$75,000 range. A cost share of 20% of

the total award amount is required for

consideration.

Background

The National Oceanic and

Atmospheric Administration’s (NOAA)

Coastal Services Center (CSC) in

Charleston, South Carolina is a coastal

science and resource advisory center

that draws on the expertise of NOAA

and its partners to address critical

coastal resource issues. Established in

1994 in Charleston, the Center’s mission

is to provide information, education and

technology transfer to the coastal

community for improved decision

making. The Center serves to bridge the

gap between coastal scientists and

resource managers by bringing Center

staff, technologies, and outside partner

expertise to bear on national problems

related to coastal ecosystems and

economies.

The Coastal Services Center’s Coastal

Change Analysis Program (C–CAP) is a

nationwide effort to produce

standardized land cover and benthic

habitat maps and change data for all

coastal areas of the United States. This

work is accomplished in close