Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Notices 3539

POR. In order to estimate the entered

value, we subtracted international

movement expenses (e.g., international

freight) from the gross sales value. This

rate will be assessed uniformly on all

entries made during the POR. The

Department will issue appraisement

instructions directly to the Customs

Service.

The following deposit requirement

will be effective upon publication of the

final results of this new shipper

antidumping duty administrative review

for all shipments of stainless steel bar

from India entered, or withdrawn from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 the reviewed companies

will be the rates established in the final

results of this review; (2) if the exporter

is not a firm covered in this review, but

was covered in a previous review or the

original less-than-fair-value (‘‘LTFV’’)

investigation, 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 previous review, or 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) the cash

deposit rate for all other manufacturers

and/or exporters of this merchandise,

shall be 12.45 percent, the ‘‘all others’’

rate established in the LTFV

investigation (59 FR 66915, December

28, 1994).

These requirements, when imposed,

shall remain in effect until publication

of the final results of the next

administrative review.

This notice also serves as a

preliminary 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 administrative review and notice

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

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

CFR 353.22(h).

Dated: January 13, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–1537 Filed 1–22–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–427–805]

Certain Hot-Rolled Lead and Bismuth

Carbon Steel Products From France;

Notice of Court Decision and

Suspension of Liquidation

AGENCY: International Trade

Administration, Import Administration,

Department of Commerce.

ACTION: Notice.

SUMMARY: On December 18, 1997, in

Usinor Sacilor v. United States, Consol.

Court No. 93-04–00230, a lawsuit

challenging the Department of

Commerce’s final affirmative

countervailing duty determination of

certain hot-rolled lead and bismuth

carbon steel products from France, the

Court of International Trade affirmed

the Department of Commerce’s remand

determination and entered a judgment

order. As a result, the final net subsidy

rate for all programs for Usinor Sacilor

has decreased from 23.11% to 12.51%

ad valorem, and the ‘‘country-wide’’

rate has decreased from 23.11% to

12.51% ad valorem.

Consistent with the decision of the

Court of Appeals for the Federal Circuit

in Timken Co. v. United States, 893 F.2d

337 (Fed. Cir. 1990), the Department of

Commerce will direct the Customs

Service to change the cash deposit rates

being used in connection with the

suspension of liquidation of the subject

merchandise once there is a

‘‘conclusive’’ decision in this case.

EFFECTIVE DATE: January 23, 1998.

FOR FURTHER INFORMATION CONTACT:

Cindee Thirumulai, Office 1, Group 1,

AD/CVD Enforcement, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Ave., N.W., Washington D.C. 20230,

telephone: (202) 482–4087.

SUPPLEMENTARY INFORMATION:

Background

On January 27, 1993, the Department

of Commerce (the ‘‘Department’’ or

‘‘Commerce’’) published notice of its

final affirmative countervailing duty

determination of certain hot-rolled lead

and bismuth carbon steel products from

France. Final Affirmative Countervailing

Duty Determination; Certain Hot-rolled

Lead and Bismuth Carbon Steel

Products from France, 58 FR 6221 (Jan.

27, 1993). In that determination, the

Department set forth its finding of a

final net subsidy rate of 23.14% ad

valorem for Usinor Sacilor and 23.14%

ad valorem for the ‘‘country-wide’’ rate.

On March 22, 1993, the Department

published a countervailing duty order

correcting ministerial errors and

instructing the Customs Service to

collect cash deposits at the rate of

23.11% ad valorem for Usinor Sacilor

and 23.11% ad valorem for the

‘‘country-wide’’ rate, on entries of the

subject merchandise entered or

withdrawn from warehouse for

consumption on or after that date. 58 FR

15326.

Following publication of the

Department’s countervailing duty order,

petitioners and respondents filed

lawsuits with the Court of International

Trade (‘‘CIT’’) challenging the

Department’s final determination.

In its first decision in this case, Usinor

Sacilor v. United States, 893 F. Supp.

1112 (CIT 1995), the CIT rejected the

Department’s reliance on IRS tables

showing industry-specific average

useful life of assets in determining an

allocation period of 15 years. In a

subsequent remand determination, the

Department calculated a companyspecific allocation period for Usinor

Sacilor based on the average useful life

of non-renewable physical assets, and

the CIT affirmed it. Usinor Sacilor v.

United States, 955 F. Supp. 1481 (1997).

In a later decision, Usinor Sacilor v.

United States, 966 F. Supp. 1242 (1997),

the CIT remanded the case to the

Department on the issue of the

appropriate sales denominator and

instructed the Department to adjust its

countervailing duty rates to reflect the

fact that the subsidies at issue benefitted

Usinor Sacilor’s worldwide production

rather than just Usinor Sacilor’s

domestic production. In its ensuing

remand determination, dated July 28,

1997, the Department followed the CIT’s

instructions and adjusted the

countervailing duty rates. On December

18, 1997, in Usinor Sacilor v. United

States, Consol. Court No. 93–04–00230,

Slip Op. 97–177, the CIT affirmed the

Department’s remand determination and

entered a judgment order.

As a result of the remands in this

case, the net subsidy rate for all

programs for Usinor Sacilor has

decreased from 23.11% to 12.51% ad

valorem, and the ‘‘country-wide’’ rate

has decreased from 23.11% to 12.51%

ad valorem.

Suspension of Liquidation

In its decision in Timken Co. v.

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

1990) (‘‘Timken’’), the Court of Appeals

for the Federal Circuit (‘‘CAFC’’) held

that the Department must publish notice

of a decision of the CIT or the CAFC

which is not ‘‘in harmony’’ with the
3540 Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Notices

Department’s determination.

Publication of this notice fulfills that

obligation. The CAFC also held that the

Department must suspend liquidation of

the subject merchandise until there is a

‘‘conclusive’’ decision in the case.

Therefore, pursuant to Timken,

Commerce must suspend liquidation

pending the expiration of the period to

appeal the CIT’s December 18, 1997

ruling or, if that ruling is appealed,

pending a final decision by the CAFC.

However, because entries of the subject

merchandise already are being

suspended pursuant to the

countervailing duty order in effect, the

Department need not order the Customs

Service to suspend liquidation. Further,

consistent with Timken, the Department

will order the Customs Service to

change the relevant cash deposit rates in

the event that the CIT’s ruling is not

appealed or the CAFC issues a final

decision affirming the CIT’s ruling.

Dated: January 13, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–1571 Filed 1–22–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No. 971202287–7287–01]

Special American Business Internship

Training Program (SABIT)

AGENCY: International Trade

Administration, Commerce.

ACTION: Notice.

SUMMARY: This notice announces

availability of funds for the Special

American Business Internship Training

Program (SABIT), for training business

executives (also referred to as ‘‘interns’’)

from Russia. The Department of

Commerce, International Trade

Administration (ITA) established the

SABIT program in September 1990 to

assist the former Soviet Union’s

transition to a market economy. Since

that time, SABIT has been matching

business executives and scientists from

the New Independent States of the

former Soviet Union (NIS) with U.S.

firms which provide them with three to

six months of hands-on training in a

U.S. market economy.

Under the SABIT program, qualified

U.S. firms will receive funds through a

cooperative agreement with ITA to help

defray the cost of hosting interns. ITA

will interview and recommend eligible

interns to participating companies.

Interns must come from Russia and be

citizens of the Russian Federation. The

U.S. firms will be expected to provide

the interns with a hands-on, nonacademic, executive training program

designed to maximize their exposure to

management or commercially-oriented

scientific operations. At the end of the

training program, interns must return to

Russia. All interns will be selected from

a pre-screened group of qualified midlevel managers; nominations from

outside of this group will not be

accepted.

DATES: The closing date for applications

is March 31, 1998. An original and two

copies of the application (Standard

Form 424 (Rev. 4–92) and supplemental

material) are to be sent to the address

designated in the Application Kit and

postmarked by the closing date.

Applications will be considered on a

‘‘rolling’’ basis as they are received,

subject to the availability of funds. If

available funds are depleted prior to the

closing date, a notice to that effect will

be published in the Federal Register.

Processing of complete applications

takes approximately two to three

months. Competitive Application kits

will be available from ITA starting on

January 23, 1998.

ADDRESSES: To obtain a copy of the

Application Kit please E-mail:

sabitapply@usita.gov (please state

which format, e.g. WordPerfect 6.1),

telephone (202) 482–0073, facsimile

(202) 482–2443 (these are not toll free

numbers), or send a written request with

two self-addressed mailing labels to

‘‘Application Request’’ The SABIT

Program, HCHB Room 3319, U.S.

Department of Commerce, 14th Street

and Constitution Avenue, NW.,

Washington, DC, 20230.

FOR FURTHER INFORMATION CONTACT:

Liesel Duhon, Director, SABIT Program,

U.S. Department of Commerce, phone—

(202) 482–0073, facsimile—(202) 482–

2443. These are not toll free numbers.

Only one copy of the Application Kit

will be provided to each organization

requesting it, but it may be reproduced

by the requester.

SUPPLEMENTARY INFORMATION: SABIT

exposes Russian business managers and

scientific managers to a completely new

way of thinking in which demand,

consumer satisfaction, and profits drive

production. Senior-level interns visiting

the U.S. for internship programs with

public or private sector companies will

be exposed to an environment which

will provide them with practical

knowledge for transforming their

countries’ enterprises and economies to

the free market. The program provides

first-hand, eye-opening experience to

managers and scientists which cannot

be duplicated by American managers

traveling to their territories.

Business Executives

SABIT assists economic restructuring

in Russia by providing top-level

business managers with practical

training in American methods of

innovation and management in such

areas as strategic planning, financing,

production, distribution, marketing,

accounting, wholesaling, and labor

relations. This first-hand experience in

the U.S. economy enables interns to

become leaders in establishing and

operating a market economy in Russia,

and creates a unique opportunity for

U.S. firms to familiarize key executives

from Russia with their products and

services.

Scientist Managers

SABIT provides opportunities for

gifted scientists to apply their skills to

peaceful research and development in

the civilian sector, in areas such as

defense conversion, medical research,

and the environment, and exposes them

to the role of scientific research in a

market economy where applicability of

research relates to business success.

Sponsoring firms in the U.S. scientific

community also benefit from

exchanging information and ideas, and

different approaches to new

technologies.

Funding Availability

Pursuant to section 632(a) of the

Foreign Assistance Act of 1961, as

amended (the ‘‘Act’’) funding for the

program will be provided by the United

States Agency for International

Development (A.I.D). ITA will award

financial assistance and administer the

program pursuant to the authority

contained in section 635(b) of the Act

and other applicable grant rules. The

estimated amount of financial assistance

available for the program is $175,000.

Additional funding is anticipated at a

future date in 1998. Funding Instrument

and Project Duration: Federal assistance

will be awarded pursuant to a

cooperative agreement between ITA and

the recipient firm. All internships are

three months; however, ITA reserves the

right to allow an intern to stay for a

shorter period of time (no less than one

month) if the U.S. company agrees and

the intern demonstrates a need for a

shorter internship based on his or her

management responsibilities. ITA will

reimburse companies for the round trip

international travel of each intern from

the intern’s home city in Russia to the

U.S. internship site, upon submission to

ITA of the paid travel invoice, payment

receipt, or other evidence of payment