37532 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 / Notices

response in Investigation of Sales at

Less than Fair Value: Sulphur Vat Dyes

from India (62 FR 42758). See April

1997 Memorandum to All Reviewers

from Richard W. Moreland, Acting

Deputy Assistant Secretary ‘‘Index of

Factor Values for Use in Antidumping

Duty Investigations Involving Products

from the People’s Republic of China.’’

We adjusted the value for marine

insurance to reflect inflation through the

POR using the Indian rupee WPI data

published by the IMF.

To value ocean freight, we used a

value for ocean freight provided by the

Federal Maritime Commission used in

the Final Determination of the

Antidumping Administrative Review of

Sebacic Acid from the PRC, 62 FR 65674

(1974). We adjusted the value for ocean

freight to reflect inflation through the

POR using WPI data published by the

IMF.

Preliminary Results of the Review

We preliminarily determine the

dumping margin for Yude and Zhenxing

for the period August 1, 1996–July 31,

1997 to be 0.89 percent. The rate for all

other firms which have not

demonstrated that they are entitled to a

separate rate is 85.20 percent. This rate

will be applied to all firms other than

Yude and Zhenxing, including all firms

which did not respond to our

questionnaire requests: China National

Chemical Import and Export

Corporation, Hebei Branch (Sinochem

Hebei); China National Chemical

Construction Corporation, Beijing

Branch; China National Chemical

Construction Corporation, Qingdao

Branch; Sinchem Qingdao; Sinochem

Shandong; Baoding No. 3 Chemical

Factory; Jinxing Chemical Factory;

Mancheng Zinyu Chemical Factory,

Shijiazhuang; Mancheng Xinyu

Chemical Factory, Bejing; Hainan

Garden Trading Company; and

Shunping Lile.

Parties to the proceeding may request

disclosure within 5 days of the date of

publication of this notice. Any

interested party may request a hearing

within 10 days of publication. Any

hearing, if requested, will be held 44

days after the publication of this notice,

or the first workday thereafter.

Interested parties may submit case briefs

within 30 days of 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.

Parties who submit argument are

requested to submit with the argument

(1) a statement of the issues and (2) a

brief summary of the arguments. The

Department will publish a notice of

final results of this administrative

review, including its analysis of issues

raised in any written comments or at a

hearing, not later than 120 days after the

date of publication of this notice.

The Department shall determine, and

the Customs Service shall assess,

antidumping duties on all appropriate

entries. Individual differences between

the United States prices and NV may

vary from the percentage stated above.

Upon completion of this review, the

Department will issue appraisement

instructions directly to the Customs

Service.

Furthermore, the following deposit

rates will be effective with respect to all

shipments of sulfanilic acid from the

PRC entered, or withdrawn from

warehouse, for consumption on or after

the publication date, as provided for by

section 751(a)(2)(c) of the Act: (1) The

cash deposit rate for reviewed

companies listed below will be the rates

for those firms established in the final

results of this review; (2) for companies

previously found to be entitled to a

separate rate and for which no review

was requested, the cash deposit rate will

be the rate established in the most

recent review of that company; (3) for

all other PRC exporters of subject

merchandise, the cash deposit rate will

be the China-wide rate of 85.20 percent;

and (4) the cash deposit rate for nonPRC exporters of subject merchandise

from the PRC will be the rate applicable

to the PRC supplier of that exporter.

These deposit requirements, when

imposed, shall remain in effect until

publication of the final results of the

next administrative review.

Manufacturer/producer/exporter Margin

percentage

Yude Chemical Industry, Co./Zhenxing Chemical Industry, Co. ......................................................................................................... 0.89

PRC Rate ............................................................................................................................................................................................. 85.20

Notification of Interested Parties

This notice serves as a preliminary

reminder to importers of their

responsibility under section 351.402 of

the Department’s regulations 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. 1674(a)(1)) and

section 351.213 of the Department’s

regulations.

Dated: July 6, 1998.

Richard W. Moreland,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 98–18597 Filed 7–10–98; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

[C–351–406]

Certain Agricultural Tillage Tools From

Brazil; Preliminary Results of

Countervailing Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of preliminary results of

Countervailing Duty administrative

review.

SUMMARY: The Department of Commerce

(‘‘the Department’’) is conducting an

administrative review of the

countervailing duty order on certain

agricultural tillage tools from Brazil for

the period January 1, 1996 through

December 31, 1996. For information on

the net subsidy for Marchesan

Implementos Agricolas, S.A.

(‘‘Marchesan’’), the reviewed company,

as well as for all non-reviewed

companies, please see the Preliminary

Results of Review section of this notice.

If the final results remain the same as

these preliminary results of

administrative review, we will instruct

the U.S. Customs Service (‘‘Customs’’)

to liquidate, without regard to

countervailing duties, all shipments of

the subject merchandise from
Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 / Notices 37533

Marchesan, as detailed in the

Preliminary Results of Review section of

this notice. Interested parties are invited

to comment on these preliminary

results. (See Public Comment section of

this notice.)

EFFECTIVE DATE: July 13, 1998.

FOR FURTHER INFORMATION CONTACT:

Gayle Longest or Lorenza Olivas, Office

of CVD/AD Enforcement VI, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW, Washington, DC 20230;

telephone: (202) 482–2786.

SUPPLEMENTARY INFORMATION:

Background

On October 22, 1985, the Department

published in the Federal Register (50

FR 42743) the countervailing duty order

on certain agricultural tillage tools from

Brazil. On October 2, 1997 the

Department published a notice of

‘‘Opportunity to Request Administrative

Review’’ (62 FR 51628) of this

countervailing duty order. On October

31, 1997, Marchesan requested an

administrative review and partial

revocation of the countervailing duty

order pursuant to 19 CFR 351.222. We

initiated the review, covering the period

January 1, 1996 through December 31,

1996, on November 26, 1997 (62 FR

63069). In accordance with 19 CFR

351.213(b), this review covers

Marchesan, the only producer/exporter

of the subject merchandise for which a

review was requested. This review also

covers five programs.

The Department considered

Marchesan’s revocation request and

determined that the company did not

meet the requirements to be considered

for revocation from the countervailing

duty order. (See Letter to Marchesan

from Barbara E. Tillman dated June 11,

1998, a public document on file in the

Central Records Unit, Room B–099 of

the Main Commerce Building).

Accordingly, pursuant to 19 CFR

351.222(f)(2)(iii), we conclude that there

is no reasonable basis to believe the

requirements for revocation are met.

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions of the Tariff Act of 1930,

as amended by the Uruguay Round

Agreements Act (‘‘URAA’’) effective

January 1, 1995 (‘‘the Act’’). The

Department is conducting this

administrative review in accordance

with section 751(a) of the Act. All

citations to the Department’s regulations

reference 19 CFR Part 351, et al.

Antidumping Duties; Countervailing

Duties; Final Rule, 62 FR 27296; May

19, 1997, unless otherwise indicated.

Scope of the Review

Imports covered by this review are

shipments of certain round shaped

agricultural tillage tools (discs) with

plain or notched edge, such as colters

and furrow-opener blades. During the

review period, such merchandise was

classifiable under item numbers

8432.21.00, 8432.29.00 8432.80.00 and

8432.90.00 of the Harmonized Tariff

Schedule (‘‘HTS’’). The HTS item

numbers are provided for convenience

and Customs purposes. The written

description remains dispositive.

Analysis of Programs

I. Programs Preliminarily Determined

To Be Not Used

We examined the following programs

and preliminarily determine that the

producers and/or exporters of the

subject merchandise did not apply for or

receive benefits under these programs

during the period of review:

A. Accelerated Depreciation for

Brazilian-Made Capital Goods;

B. Preferential Financing for

Industrial Enterprises by Banco do

Brasil (FST and EGF loans);

C. SUDENE Corporate Income Tax

Reduction for Companies Located in the

Northeast of Brasil;

D. Preferential Financing under

PROEX (formerly under Resolution 68

and 509 through FINEX);

E. Preferential Financing under

FINEP.

Preliminary Results of Review

For the period January 1, 1996

through December 31, 1996, we

preliminarily determine the net subsidy

for Marchesan to be zero percent ad

valorem. If the final results of this

review remain the same as these

preliminary results, the Department

intends to instruct Customs to liquidate,

without regard to countervailing duties,

shipments of the subject merchandise

from Marchesan exported on or after

January 1, 1996, and on or before

December 31, 1996.

The Department also intends to

instruct Customs to collect cash

deposits of estimated countervailing

duties of zero percent ad valorem, as

provided for by section 751(a)(1) of the

Act, on all shipments of this

merchandise from Marchesan, entered

or withdrawn from warehouse, for

consumption, on or after the date of

publication of the final results of this

administrative review.

Because the URAA replaced the

general rule in favor of a country-wide

rate with a general rule in favor of

individual rates for investigated and

reviewed companies, the procedures for

establishing countervailing duty rates,

including those for non-reviewed

companies, are now essentially the same

as those in antidumping cases, except as

provided for in section 777A(e)(2)(B) of

the Act. The requested review will

normally cover only those companies

specifically named. See 19 CFR

351.213(b). Pursuant to 19 CFR

351.212(c), for all companies for which

a review was not requested, duties must

be assessed at the cash deposit rate, and

cash deposits must continue to be

collected, at the rate previously ordered.

As such, the countervailing duty cash

deposit rate applicable to a company

can no longer change, except pursuant

to a request for a review of that

company. See Federal-Mogul

Corporation and The Torrington

Company v. United States, 822 F.Supp.

782 (CIT 1993) and Floral Trade Council

v. United States, 822 F.Supp. 766 (CIT

1993). Therefore, the cash deposit rates

for all companies except those covered

by this review will be unchanged by the

results of this review.

We will instruct Customs to continue

to collect cash deposits for nonreviewed companies at the most recent

company-specific or country-wide rate

applicable to the company. Accordingly,

the cash deposit rates that will be

applied to non-reviewed companies

covered by this order will be the rate for

that company established in the most

recently completed administrative

proceeding conducted under the URAA.

If such a review has not been

conducted, the rate established in the

most recently completed administrative

proceeding pursuant to the statutory

provisions that were in effect prior to

the URAA amendments is applicable.

See Certain Agricultural Tillage Tools

from Brazil: Final Results of

Countervailing Duty Administrative

Review, 60 FR 48692 (September 20,

1995). These rates shall apply until a

review of companies assigned these

rates is requested. In addition, for the

period January 1, 1996 through

December 31, 1996, the assessment rates

applicable to all non-reviewed

companies covered by this order are the

cash deposit rates in effect at the time

of entry.

Public Comment

Pursuant to 19 CFR 351.224(b), the

Department will disclose to parties to

the proceeding any calculations

performed in connection with these

preliminary results within five days

after the date of publication of this

notice. Pursuant to 19 CFR 351.309,
37534 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 / Notices

interested parties may submit written

comments in response to these

preliminary results. Case briefs must be

submitted within 30 days after the date

of publication of this notice, and

rebuttal briefs, limited to arguments

raised in case briefs, must be submitted

no later than five days after the time

limit for filing case briefs. Parties who

submit argument in this proceeding are

requested to submit with the argument:

(1) A statement of the issue, and (2) a

brief summary of the argument. Case

and rebuttal briefs must be served on

interested parties in accordance with 19

CFR 351.303(f). Also, pursuant to 19

CFR 351.310, within 30 days of the date

of publication of this notice, interested

parties may request a public hearing on

arguments to be raised in the case and

rebuttal briefs. Unless the Secretary

specifies otherwise, the hearing, if

requested, will be held two days after

the date for submission of rebuttal

briefs, that is, thirty-seven days after the

date of publication of these preliminary

results.

Representatives of parties to the

proceeding may request disclosure of

proprietary information under

administrative protective order no later

than 10 days after the representative’s

client or employer becomes a party to

the proceeding, but in no event later

than the date case briefs, under 19 CFR

351.309(c)(ii), are due. The Department

will publish the final results of this

administrative review, including the

results of its analysis of issues raised in

any case or rebuttal brief or at a hearing.

This administrative review is issued

and published in accordance with

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

(19 U.S.C. 1675(a)(1) and 19 U.S.C.

1677f(i)(1)).

Dated: July 6, 1998.

Richard W. Moreland,

Acting Deputy Assistant Secretary for Import

Administration.

[FR Doc. 98–18599 Filed 7–10–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–533–063]

Certain Iron-Metal Castings from India:

Preliminary Results of Countervailing

Duty Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Preliminary Results of

Countervailing Duty Administrative

Review.

SUMMARY: The Department of Commerce

is conducting an administrative review

of the countervailing duty order on

certain iron-metal castings from India.

The period covered by this

administrative review is January 1, 1996

through December 31, 1996. For

information on the net subsidy for each

reviewed company, as well as for all

non-reviewed companies, please see the

Preliminary Results of Review section of

this notice. If the final results remain

the same as these preliminary results of

administrative review, we will instruct

the U.S. Customs Service to assess

countervailing duties as detailed in the

Preliminary Results of Review section of

this notice. Interested parties are invited

to comment on these preliminary

results. (See Public Comment section of

this notice.)

EFFECTIVE DATE: July 13, 1998.

FOR FURTHER INFORMATION CONTACT:

Kristen Johnson or Christopher Cassel,

Office of CVD/AD Enforcement VI,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, NW, Washington,

D.C. 20230; telephone: (202) 482–2786.

SUPPLEMENTARY INFORMATION:

Background

On October 16, 1980, the Department

of Commerce (‘‘the Department’’)

published in the Federal Register (45

FR 50739) the countervailing duty order

on certain iron-metal castings from

India. On October 2, 1997, the

Department published a notice of

‘‘Opportunity to Request Administrative

Review’’ (62 FR 51628) of this

countervailing duty order. We received

timely requests for review, and we

initiated a review covering the period

January 1, 1996 through December 31,

1996, on November 26, 1997 (62 FR

63069).

In accordance with 19 C.F.R.

351.213(b), this review covers only

those producers or exporters of the

subject merchandise for which a review

was specifically requested. The

producers/exporters of the subject

merchandise for which the review was

requested are:

Calcutta Ferrous Ltd.,

Carnation Industries Ltd.,

Commex Corporation,

Crescent Foundry Co. Pvt. Ltd.,

Delta Enterprises,

Dinesh Brothers (P) Ltd.,

Kajaria Iron Castings Pvt. Ltd.,

Kejriwal Iron & Steel Works Pvt. Ltd.,

Metflow Corporation,

Nandikeshwari Iron Foundry Pvt. Ltd.,

Orissa Metal Industries,

Overseas Iron Foundry,

R.B. Agarwalla & Company,

R.B. Agarwalla & Co. Pvt. Ltd.,

RSI Limited,

Seramapore Industries Pvt. Ltd.,

Shree Rama Enterprise,

Shree Uma Foundries,

Siko Exports,

SSL Exports,

Super Iron Foundry,

Uma Iron & Steel, and

Victory Castings Ltd.

Delta Enterprises, Metflow Corporation,

Orissa Metal Industries, R.B. Agarwalla

& Co. Pvt. Ltd., Shree Uma Foundries,

Siko Exports, and SSL Exports did not

export the subject merchandise to the

United States during the period of

review (‘‘POR’’). Therefore, these

companies have not been assigned an

individual company rate for this

administrative review. This review

covers 19 programs.

On November 14, 1997, the

Department issued a questionnaire to

the Government of India (‘‘GOI’’) and

producers/exporters of the subject

merchandise. The Department received

questionnaire responses from the GOI

and the producers/exporters of the

subject merchandise on January 13,

1998. The Department issued

supplemental questionnaires to the GOI

and certain producers/exporters of the

subject merchandise on March 16 and

25, 1998, April 30, 1998, and May 14,

1998. The supplemental questionnaire

responses were received on April 9,

1998, and May 11, 15, and 21, 1998.

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions of the Tariff Act of 1930,

as amended by the Uruguay Round

Agreements Act (‘‘URAA’’) effective

January 1, 1995 (‘‘the Act’’). The

Department is conducting this

administrative review in accordance

with section 751(a) of the Act. All

citations to the Department’s regulations

reference 19 C.F.R. Part 351, 62 FR

27296 (May 19, 1997), unless otherwise

indicated.

Scope of the Review

Imports covered by this

administrative review are shipments of

Indian manhole covers and frames,

clean-out covers and frames, and catch

basin grates and frames. These articles

are commonly called municipal or

public works castings and are used for

access or drainage for public utility,

water, and sanitary systems. During the

review period, such merchandise was

classifiable under the Harmonized Tariff

Schedule (‘‘HTS’’) item numbers

7325.10.0010 and 7325.10.0050. The

HTS item numbers are provided for