20478 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Notices

DEPARTMENT OF COMMERCE

International Trade Administration

[A–307–701, C–307–702]

Certain Electrical Conductor Aluminum

Redraw Rod From Venezuela; Notice of

Final Court Decision and Revocation of

Antidumping and Countervailing Duty

Orders

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final court decision

and revocation of antidumping and

countervailing duty orders.

SUMMARY: On February 17, 1995, the

U.S. Court of Appeals for the Federal

Circuit (Federal Circuit) affirmed the

International Trade Commission’s (ITC)

determination on remand that an

industry in the United States was not

threatened with material injury by

reason of imports of certain electrical

conductor aluminum redraw rod (EC

rod). On March 1, 1995, the ITC

published notice in the Federal Register

of the final Federal Circuit decision

affirming its negative remand

determination (60 FR 11110). Therefore,

we are revoking the antidumping and

countervailing duty orders on EC rod

from Venezuela.

EFFECTIVE DATE: April 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Brian Albright or Kelly Parkhill, Office

of Countervailing Compliance, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC. 20230;

telephone: (202) 482–5253.

SUPPLEMENTARY INFORMATION:

Background

On June 30, 1988, the Department of

Commerce (the Department) determined

that EC rod from Venezuela was being

subsidized and sold at less than fair

value (53 FR 24755, 24763). On August

17, 1988, the ITC determined that a U.S.

industry was threatened with material

injury by reason of imports of EC rod

from Venezuela (53 FR 31111). On

August 22, 1988, the Department

published in the Federal Register the

antidumping and countervailing duty

orders on EC rod from Venezuela (53 FR

31903, 31904).

Suramerica de Aleaciones Laminadas,

C.A., a Venezuelan exporter of EC rod,

and others, appealed the ITC

determination in the Court of

International Trade (CIT). On March 15,

1993, the CIT reversed and remanded

the ITC’s original determination. On

June 2, 1993, the ITC determined on

remand that there was no threat of

material injury to a U.S. industry. This

remand was affirmed by the CIT on

August 4, 1993. Suramerica de

Aleaciones Laminadas, C.A. v. United

States, 841 F. Supp. 1220 (CIT 1993).

The ITC and petitioner Southwire,

Inc., appealed the CIT’s decision to the

Federal Circuit. On December 30, 1994,

the CIT’s decision was affirmed by the

Federal Circuit. Suramerica v. United

States, Nos. 93–1579 and 94–1021 (Fed.

Cir. Dec. 30, 1994). Southwire filed in

the Federal Circuit a petition for

rehearing and suggestion for rehearing

in banc. On February 13, 1995, the

Federal Circuit denied Southwire’s

petition for rehearing and declined the

suggestion for a rehearing in banc. On

March 1, 1995, the ITC published notice

in the Federal Register of the final

Federal Circuit decision affirming its

negative remand determination.

As a result of the ITC notification that

there is no threat of material injury to

the U.S. industry, the Department is

revoking the antidumping and

countervailing duty orders on EC rod

from Venezuela. On October 12, 1993

(58 FR 52744), in accordance with

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

337 (Fed. Cir. 1990), the Department

stated that, effective August 14, 1993, it

would continue the suspension of

liquidation on the subject merchandise

until the Federal Circuit issued a

conclusive decision in this lawsuit.

Therefore, revocation of these orders is

effective August 14, 1993, for all

unliquidated entries.

Scope of Order

Imports covered by these orders are

shipments of certain electrical

conductor aluminum redraw rod from

Venezuela, which is wrought rod of

aluminum that is electrically conductive

and contains not less than 99 percent

aluminum by weight. This merchandise

is currently classifiable under item

numbers 7604.10.3010, 7604.10.3050,

7604.29.3010, 7604.29.3050,

7605.11.0030, 7605.11.0090,

7605.19.0000, 7605.21.0030,

7605.21.0090 and 7605.29.0000 of the

Harmonized Tariff Schedule (HTS). The

HTS item numbers are provided for

convenience and Customs purposes.

The written description remains

dispositive.

Termination of Suspension of

Liquidation

Pursuant to section 516(e)(2) of the

Tariff Act of 1930, as amended, the

Department will instruct the U.S.

Customs service to terminate the

suspension of liquidation of EC rod

from Venezuela and proceed with

liquidation of the subject merchandise,

which entered the United States on or

after August 14, 1993, without regard to

antidumping or countervailing duties.

Dated: April 19, 1995.

Joseph A. Spetrini,

Deputy Assistant Secretary for Compliance.

[FR Doc. 95–10264 Filed 4–25–95; 8:45 am]

BILLING CODE 3510–DS–P

[C–351–029]

Final Results of Countervailing Duty

Administrative Review: Certain Castor

Oil Products From Brasil

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: April 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Vincent Kane or Cynthia Thirumalai,

Office of Countervailing Investigations,

Import Administration, U.S. Department

of Commerce, Room B099, 14th Street

and Constitution Avenue NW.,

Washington, DC 20230; telephone (202)

482–2815 and (202) 482–4087,

respectively.

Final Determination

Background

On November 7, 1994, the Department

of Commerce (the Department)

published in the Federal Register (59

FR 55443) the preliminary results of its

administrative review of the

countervailing duty order on certain

castor oil products from Brazil

(Preliminary Determination). See 41 FR

11018 (March 16, 1976). The

Department has now completed that

administrative review in accordance

with section 751 of the Tariff Act of

1930, as amended (the Act).

Applicable Statute and Regulations

The Department is conducting this

administrative review in accordance

with section 751(a) of the Act. Unless

otherwise indicated, all citations to the

statute and to the Department’s

regulations are in reference to the

provisions as they existed on December

31, 1994.

Scope of Review

The merchandise subject to this

review is hydrogenated castor oil and

12-hydroxystearic acid. Imports of these

products are currently classifiable under

the following Harmonized Tariff

Schedule (‘‘HTS’’) subheadings:

1516.20.90 and 1519.19.40. Although

the HTS subheadings are provided for

convenience and customs purposes, our
Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Notices 20479

written description of the scope of this

proceeding is dispositive.

This review covers the period January

1, 1992 through December 31, 1992, six

companies, and the following 12

programs: (1) Preferential Export

Financing under Resolution 950/1009;

(2) Income Tax Exemption for Export

Earnings; (3) Preferential Export

Financing Under CIC–OPCRE 6–2–6; (4)

Preferential Financing for industrial

Enterprises by the Bank of Brazil; (5)

Reduction of Industrial Products Tax

(IPI) and Import Duties Under Decreto

No. 77.065 through BEFIEX; (6)

Preferential Financing for National

Trading Companies under Resolution

883 of the Banco Central do Brasil; (7)

Accelerated Depreciation for BrazilianMade Capital Goods; (8) Preferential

Financing under Resolution 68 through

FINEX; (9) Preferential Financing under

Resolution 578/83 through FUNPAR;

(10) Preferential Financing under

Resolution 579/83 through PROEX and

PROSIM; (11) Preferential Financing for

the Storage of Merchandise Destined for

Export under Resolution 330/Portaria

130 of the Banco Central do Brasil; and

(12) Green Yellow Drawback (Portaria

68/83).

Calculation Methodology for

Assessment and Cash Deposit Purposes

We calculated the total subsidy on a

country-wide basis by first calculating

the subsidy for each company subject to

the administrative review. We then

weight-averaged the rate received by

each company by its share of total

Brazilian exports of the subject

merchandise to the United States,

including all companies, even those

with de minimis and zero rates. Using

this methodology we calculated a

country-wide rate of 0.03 percent,

which is de minimis.

Analysis of Program

Income Tax Exemption for Export

Earnings

Although this program was

eliminated on April 12, 1990, by Decree

Law 8,034, Boley was authorized to use

the income tax exemption on export

earnings under the terms of a contract

with the Commission for the Granting of

Fiscal Benefits to Special Export

Programs (BEFIEX) until its contract

expired. Therefore, despite the fact that

the income tax exemption for export

earnings was eliminated, Boley received

residual benefits from the program

during the review period. No other

company under review used this

program.

Programs Found To Be Terminated

We find the following programs to be

terminated and find that the

respondents did not receive any

residual benefits under them during the

period of review.

a. Preferential Export Financing under

Resolution 950/1009 through CACEX

(Carteira de Comercio Exterior) of the

Bank of Brazil.

We verified that this program was

terminated on August 30, 1990, by

Banco Central Bank do Brasil Resolution

No. 1,744. See also Final Negative

Countervailing Duty Determination:

Silicon Metal from Brasil, 56 FR 26988,

26989 (June 12, 1991).

b. Preferential Export Financing under

CIC–OPCRE 6–2–6.

We verified that, on May 10, 1990, the

functions of CACEX of the Bank of

Brazil, which administered these export

financing loans, were absorbed by the

Secretariat of Foreign Trade (SECEX).

SECEX was not empowered to perform

banking operations and the export

financing was discontinued.

c. Reduction of Industrial Products

Tax (IPI) and Import Duties under

Decreto No. 77.065 through BEFIEX

(Comissao par a Concessao de

Beneficios a Programas Especials de

Exportacao) and CIEX (Comissao para

Incentivos a Exportacao).

We verified, that, on April 12, 1990,

Decree Law 8,032 limited this program

exclusively to imports made by the

federal, state, and municipal

governments, territories, other political

entities, and scientific institutions,

thereby eliminating the benefit to

commercial enterprises.

d. Preferential Financing for National

Trading Companies under Resolution

883 of the Banco Central do Brasil.

We verified that Banco Central do

Brasil Resolution 1,744 revoked

Resolution 883 on August 30, 1990,

thereby terminating this program. (See

also, Certain Round-Shaped

Agricultural Tillage Tools from Brazil;

Preliminary Results of Countervailing

Duty Administration Review, 57 FR

10885, 10886 (March 31, 1992).)

e. Preferential Financing under

Resolution 68 through FINEX.

We verified that this program was

terminated on April 5, 1990, after it

failed to be reenacted within two years

of April 5, 1988, the date on which

Brazil’s new constitution came into

effect. Article 4 of the new constitution

provided that all programs requiring

funding from the national treasury had

to be reenacted within a two-year period

or cease to exist. Legislation to reenact

preferential financing through FINEX

was not passed and the program ceased

to exist.

f. Preferential Financing under

Resolution 579/83 through PROSIM and

PROEX (BNDES).

We verified that preferential financing

through PROSIM was terminated on

February 4, 1985, by BNDES Resolution

607, and that preferential financing

through PROEX (BNDES) was

terminated on September 2, 1991 by

BNDES Resolution 762.

g. Preferential Financing for the

Storage of Merchandise Destined for

Export under Resolution 330/Portaria

130 of the Banco Central do Brasil.

We verified that this program was

terminated on August 21, 1984, by

Central Bank Resolution 950.

Programs Found To Be Not Used

We find that respondents did not use

following programs during the review

period:

a. Preferential Financing for Industrial

Enterprises by the Bank of Brazil

b. Preferential Financing under

Resolution 578/83 through FUNPAR

c. Accelerated Depreciation for Brazilian

Made Capital Goods

d. Green Yellow Drawback (Portaria 68/

83)

Analysis of Comments Received

We gave interested parties an

opportunity to comment on the

preliminary results. We received no

comments.

Final Results of Review

As a result of our review, we

determine the net subsidy to be 0.03

percent ad valorem for all firms during

the period January 1, 1992 through

December 31, 1992. In accordance with

19 CFR 355.7, any rate less than 0.50

percent ad valorem is de minimis.

Therefore, the Department will

instruct the Customs Service to

liquidate, without regard to

countervailing duties, all shipments of

this merchandise exported on or after

January 1, 1992 and on or before

December 31, 1992.

The Department will instruct the

Customs Service to continue to suspend

liquidation on all shipments of this

merchandise entered, or withdrawn

from warehouse, for consumption on or

after the date of publication of this

notice. Because the net subsidy is de

minimus, however, the cash deposit on

shipments entered, or withdrawn from

warehouse, for consumption on or after

the date of publication of this notice in

the Federal Register will be zero. These

instructions shall remain in effect until

publication of the final results of the

next administrative review.
20480 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Notices

Return or Destruction of Proprietary

Information

This notice serves as the only

reminder to parties subject to

Administrative Protective Order (APO)

of their responsibility concerning the

return or destruction of proprietary

information disclosed under APO in

accordance with 19 CFR 355.34(d).

Failure to comply is a violation of the

APO.

This administrative review and notice

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

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

and 19 CFR 355.22.

Dated: April 19, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

[FR Doc. 95–10265 Filed 4–25–95; 8:45 am]

BILLING CODE 3510–DS–M

National Oceanic and Atmospheric

Administration

[I.D. 041895B]

Gulf of Mexico Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.

SUMMARY: The Gulf of Mexico Fishery

Management Council (Council) will

hold meetings on May 8 through May

12, 1995, at the Holiday Inn Crowne

Plaza, 700 North Westshore Boulevard,

Tampa, FL; telephone: (813) 289–8200.

ADDRESSES: Gulf of Mexico Fishery

Management Council, 5401 West

Kennedy Boulevard, Suite 331, Tampa,

FL 33609; telephone: (813) 228–2815.

FOR FURTHER INFORMATION CONTACT:

Wayne E. Swingle, Executive Director;

telephone: 813–228–2815.

SUPPLEMENTARY INFORMATION:

Council Meetings

The agenda is as follows:

May 10, 1995

The Council will convene at 8:30 a.m.

and recess at 5:30 p.m.

8:45 a.m. to 4:00 p.m.—Receive public

testimony on the king mackerel,

Spanish mackerel and cobia total

allowable catch (TAC) for the 1995–96

season, including recreational bag

limits, size limits and commercial trip

limits and quotas; and receive final

public testimony on Draft Reef Fish

Amendment 8 and Draft Reef Fish

Amendment 11 (NOTE: Testimony

cards must be turned in to staff before

the start of public testimony);

4:00 p.m. to 5:30 p.m.—Receive a

report of the Mackerel Management

Committee and set TAC for the mackerel

and cobia stocks for the 1995–96 season,

including recreational bag limits, size

limits and commercial trip limits and

quotas.

May 11, 1995

8:30 a.m. to 5:00 p.m.—Receive a

report of the Reef Fish Management

Committee.

May 12, 1995

8:30 a.m. to 8:45 a.m.—Receive report

of the Budget Committee;

8:45 a.m. to 9:00 a.m.—Receive report

of the Shrimp Management Committee;

9:00 a.m. to 9:15 a.m.—Receive report

of the Habitat Protection Committee;

9:15 a.m. to 9:30 a.m.—Receive report

of the Stone Crab Management

Committee;

9:30 a.m. to 10:00 a.m.—Receive

report of the Administrative Policy

Committee;

10:00 a.m. to 12:00 p.m.—Receive the

South Atlantic Fishery Management

Council Liaison Report, Bycatch

Workshop Report, review Stock

Assessment Protocol, Golden Crab

Fishery Report, Enforcement Report,

Director’s Reports and Other Business.

Committee Meetings

May 8, 1995

10:00 a.m. to 12:00 p.m.—Convene

meetings of the Stone Crab Management

Committee, the Administrative Policy

Committee, and the Mackerel

Management Committee.

May 9, 1995

8:00 a.m. to 5:30 p.m.—Convene

meetings of the Budget Committee, the

Shrimp Management Committee, the

Habitat Protection Committee, and the

Reef Fish Management Committee.

These meetings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to Julie Krebs at the

address above by May 1, 1995.

Dated: April 20, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–10266 Filed 4–25–95; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 041895A]

Endangered Species; Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of receipt of a request to

modify permit 825 (P513).

SUMMARY: Notice is hereby given that

the Columbia River Inter-Tribal Fish

Commission has requested a

modification to permit 825 to take

additional listed salmon species for the

purpose of scientific research.

DATES: Written comments or requests for

a public hearing on this modification

request must be received on or before

May 26, 1995.

ADDRESSES: The modification request,

permit, and related documents are

available for review upon written

request or by appointment in the

following offices:

Office of Protected Resources, F/PR8,

NMFS, 1315 East-West Hwy., Room

13307, Silver Spring, MD 20910–3226

(301–713–1401); and

Environmental and Technical

Services Division, 525 NE Oregon

Street, Suite 500, Portland, OR 97232–

4169 (503–230–5424).

Written comments, or requests for a

public hearing on this modification

request should be submitted to the

Chief, Endangered Species Division,

Office of Protected Resources.

SUPPLEMENTARY INFORMATION: This

modification to Permit 825 (P513) is

requested under the authority of the

Endangered Species Act of 1973 (ESA)

(16 U.S.C. 1531–1543) and NMFS

regulations governing listed fish and

wildlife permits (50 CFR parts 217–227).

The applicant requests authorization for

non-lethal take of 1,046 listed juvenile

spring/summer chinook salmon

(Oncorhynchus tshawytscha) and two

listed juvenile sockeye salmon

(Oncorhynchus nerka), to study the

occurrence of gas bubble trauma

symptoms. The applicant requests a .2%

mortality rate.

Those individuals requesting a

hearing (see ADDRESSES) should set out

the specific reasons why a hearing on

this particular modification request

would be appropriate. The holding of

such hearing is at the discretion of the

Assistant Administrator for Fisheries,

NOAA. All statements and opinions

contained in this modification request

summary are those of the Applicant and

do not necessarily reflect the views of

NMFS.