Federal Register / Vol. 60, No. 81 / Thursday, April 27, 1995 / Notices 20671

When less than 10 percent of the

home market sales of a model were at

prices below the COP, we did not

disregard any sales of that model. When

10 percent or more, but not more than

90 percent, of the home market sales of

a particular model were determined to

be below cost, we excluded the belowcost home market sales from our

calculation of FMV, provided that these

below-cost home market sales were

made over an extended period of time.

When more than 90 percent of the home

market sales of a particular model were

made below cost over an extended

period of time, we disregarded all home

market sales of that model in our

calculation of FMV.

To determine whether sales below

cost had been made over an extended

period of time, we compared the

number of months in which sales below

cost occurred for a particular model to

the number of months in which that

model was sold. If the model was sold

in fewer than three months, we did not

disregard below-cost sales unless there

were below-cost sales of that model in

each month sold. If a model was sold in

three or more months, we did not

disregard below-cost sales unless there

were sales below cost in at least three

of the months in which the model was

sold. See Antifriction Bearings (Other

Than Tapered Roller Bearings) and

Parts Thereof From the Federal Republic

of Germany; Final Results of

Antidumping Duty Administrative

Review (56 FR 31693, July 11, 1991).

Wolverine has not submitted

information indicating that any of its

sales below cost were made at prices

which would have permitted ‘‘recovery

of all costs within a reasonable period

of time in the normal course of trade,’’

as required by section 773(b)(2) of the

Tariff Act. Therefore, we have no basis

for concluding that the costs of

production of such sales have been

recovered within a reasonable period of

time. As a result of our investigation, we

disregarded Wolverine’s below-cost

sales made over an extended period of

time.

In accordance with section 773(a)(2),

we used constructed value (CV) as FMV

for those U.S. sales for which there were

insufficient sales of the comparison

home market model at or above the

COP. We calculated CV in accordance

with section 773(e) of the Tariff Act. CV

includes the cost of materials and

fabrication for the exported

merchandise, plus SG&A expenses,

profit, and packing. Because the

respondent did not provide alloyspecific information on, nor any

allocation of, fabrication and packing

costs, we used the data supplied by

petitioners for these cost factors in their

submission of August 29, 1993. In our

calculation of the SG&A expenses, we

computed the actual percentage of costs

using figures supplied by the

respondent in its COP response. We

multiplied that actual figure by the cost

of manufacturing (COM). The COM is

the sum of the cost of materials, which

was supplied by the respondent, and the

fabrication costs, which were supplied

by the petitioners. We used the

computed SG&A expenses since they

were greater than the statutory

minimum of 10 percent. Because the

respondent’s reported profit was less

than eight percent of the COM plus

general expenses, for profit we used the

statutory minimum of eight percent.

For those models that had sufficient

above-cost sales, we calculated FMV

using home market prices to unrelated

purchasers as described above.

Preliminary Results of Review

As a result of our comparison of USP

to FMV, we preliminarily determine

that the following margin exists for the

period January 1, 1992 through

December 31, 1992:

Manufacturer/exporter Margin

(percent)

Wolverine .................................... 24.52

Interested parties may request

disclosure within 5 days of the date of

publication of this notice and may

request a hearing within 10 days of

publication. Any hearing, if requested,

will be held 44 days after the date of

publication or the first business day

thereafter. Case briefs and/or written

comments from interested parties may

be submitted no later than 30 days after

the date of publication. Rebuttal briefs

and rebuttals to written comments,

limited to issues raised in those

comments, may be filed no later than 37

days after the date of publication of this

notice. The Department will publish the

final results of this administrative

review, including the results of its

analysis of issues raised in any such

written comments or at a hearing.

The Department will determine, and

the Customs Service shall assess,

antidumping duties on all appropriate

entries. Individual differences between

USP and FMV may vary from the

percentage stated above. The

Department will issue appraisement

instructions directly to the Customs

Service.

Furthermore, the following deposit

requirements will be effective for all

shipments of the subject merchandise

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 Tarriff Act:

(1) The cash deposit rate for the

reviewed company will be that rate

established in the final results of this

review; (2) for previously reviewed or

investigated companies not listed above,

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 prior review, or the original

less-than-fair-value (LTFV)

investigation, but the manufacturer is,

the cash deposit rate will be the rate

established in 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 review, the cash deposit

rate will be 8.10 percent, the all others

rate established in the LTFV

investigation (51 FR 44319).

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

and 19 CFR 353.22.

Dated: April 19, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

[FR Doc. 95–10413 Filed 4–26–95; 8:45 am]

BILLING CODE 3510–DS–M

[C–559–802]

Antifriction Bearings (Other Than

Tapered Roller Bearings) and Parts

Thereof From Singapore; Initiation and

Preliminary Results of Changed

Circumstances Countervailing Duty

Administrative Reviews, Consideration

of Revocation and Intent to Revoke

Countervailing Duty Orders

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Initiation and

Preliminary Results of Changed

Circumstances Countervailing Duty

Administrative Reviews, Consideration
20672 Federal Register / Vol. 60, No. 81 / Thursday, April 27, 1995 / Notices

of Revocation and Intent to Revoke

Countervailing Duty Orders.

SUMMARY: We preliminarily determine

that domestic parties are no longer

interested in the countervailing duty

orders on antifriction bearings (other

than tapered roller bearings) and parts

thereof from Singapore. We therefore

intend to revoke the orders. The

revocation will apply to all shipments of

subject merchandise entered, or

withdrawn from warehouse, for

consumption on or after January 1,

1995. We invite interested parties to

comment on these preliminary results

and our intent to revoke the orders.

EFFECTIVE DATE: April 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Melanie Brown or Brian Albright, Office

of Countervailing Compliance, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

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

telephone: (202) 482–2786.

SUPPLEMENTARY INFORMATION:

Background

On February 3, 1995, the Torrington

Company (Torrington), the petitioner,

submitted a letter to the Department of

Commerce (the Department) stating that

it has no further interest in the

countervailing duty orders on

antifriction bearings (other than tapered

roller bearings) and parts thereof from

Singapore for entries after December 31,

1994. Accordingly, Torrington requested

revocation of the orders based on

changed circumstances in accordance

with 19 CFR 355.25(d)(1994).

These changed circumstances

administrative reviews cover all

producers and/or exporters of the

subject merchandise and all shipments

of this merchandise to the United States

entered, or withdrawn from warehouse,

for consumption on or after January 1,

1995.

Scope of the Reviews

Imports covered by these reviews are

antifriction bearings (other than tapered

roller bearings) and parts thereof. The

subject merchandise covers five separate

classes or kinds of merchandise and is

described in detail in Appendix A to

this notice. The Harmonized Tariff

Schedule (HTS) item numbers listed in

Appendix A are provided for

convenience and Customs purposes.

The written description remains

dispositive.

Preliminary Results of Changed

Circumstances Administrative Reviews

and Intent to Revoke Countervailing

Duty Orders

Pursuant to section 751(d)(1) of the

Tariff Act of 1930, as amended (1995)

(the Act), and §§ 355.22(h) and

355.25(d)(1994) of the Department’s

regulations, the Department may revoke

a countervailing duty order if it

concludes that ‘‘changed

circumstances’’ have arisen such that

the order is no longer of interest to

interested parties (19 CFR

355.25(d)(1)(i)(1994)). We preliminarily

determine that the petitioner’s

affirmative statement of no further

interest in these proceedings, not

opposed by statements of interest by

other domestic interested parties,

constitutes changed circumstances

sufficient to warrant revocation of these

countervailing duty orders. Therefore,

we preliminarily determine to revoke

the countervailing duty orders on

antifriction bearings (other than tapered

roller bearings) and parts thereof from

Singapore.

We are hereby notifying the public of

our preliminary determination to revoke

these countervailing duty orders. If this

preliminary determination to revoke

these orders is made final, the

revocation will apply to all shipments of

the subject merchandise entered, or

withdrawn from warehouse, for

consumption on or after January 1,

1995.

Therefore, we intend to instruct the

U.S. Customs Service to terminate the

suspension of liquidation and liquidate

all entries of the subject merchandise

entered, or withdrawn from warehouse,

for consumption on or after January 1,

1995, without regard to countervailing

duties. We intend to instruct the U.S.

Customs Service to refund with interest

any estimated countervailing duties

collected with respect to those entries.

The current requirement for a cash

deposit of estimated countervailing

duties will continue until publication of

the final results of these changed

circumstances administrative reviews.

Interested parties may request a

hearing within 10 days of the date of

publication of this notice. Case briefs or

other written comments from interested

parties may be submitted not later than

30 days after the date of publication of

this notice. Rebuttal briefs, limited to

arguments raised in case briefs, may be

submitted seven days after the time

limit for filing case briefs. Any hearing,

if requested, will be held seven days

after the scheduled date for submission

of rebuttal briefs. Copies of case briefs

and rebuttal briefs must be served on

interested parties in accordance with

§ 355.38(e) of the Department’s

regulations (1994).

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 the case briefs, under 19

CFR 355.38(c)(1994), are due. The

Department will publish the final

results of these changed circumstances

administrative reviews and its decision

on revocation of these countervailing

duty orders, as well as the results of its

analysis of issues raised in any case or

rebuttal brief.

This notice of changed circumstances

administrative reviews and intent to

revoke are in accordance with sections

751(d)(1) and (3) of the Act (19 U.S.C.

1675 (d)(1) and (3)(1995)) and 19 CFR

355.22(h) and 355.25(d)(1994).

Dated: April 19, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

Appendix A—Scope of the Reviews

The products covered by these reviews,

antifriction bearings (other than tapered

roller bearings), mounted or unmounted, and

parts thereof, constitute the following

separate ‘‘classes or kinds’’ of merchandise as

outlined below.

(1) Ball Bearings, Mounted or Unmounted,

and Parts Thereof: These products include all

antifriction bearings which employ balls as

the rolling element. Such merchandise is

classifiable under the following Harmonized

Tariff Schedule (HTS) item numbers:

8482.10.10, 8482.10.50, 8482.80.00,

8482.91.00, 8482.99.10, 8482.99.35,

8482.99.70, 8483.20.40, 8483.20.80,

8483.30.40, 8483.30.80, 8483.90.20,

8483.90.30, 8483.90.70, 8708.50.50,

8708.60.50, 8708.99.52, 8708.99.55,

8708.99.58, 8708.99.61, 8708.99.64,

8708.99.67, 8708.99.70, 8708.99.73, and

8708.99.80.

(2) Spherical Roller Bearings, Mounted or

Unmounted, and Parts Thereof: These

products include all antifriction bearings

which employ spherical rollers as the rolling

element. Such merchandise is classifiable

under the following HTS item numbers:

8482.30.00, 8482.80.00, 8482.91.00,

8482.99.50, 8482.99.35, 8482.99.70,

8483.20.40, 8483.20.80, 8483.30.40,

8483.30.80, 8483.90.20, 8483.90.30,

8483.90.70, 8708.50.50, 8708.60.50,

8708.99.52, 8708.99.70, 8708.99.73, and

8708.99.8055, 8708.99.70, 8708.99.73, and

8708.99.8058, 8708.99.70, 8708.99.73, and

8708.99.8061, 8708.99.70, 8708.99.73, and

8708.99.8064, 8708.99.70, 8708.99.73, and

8708.99.8067, 8708.99.70, 8708.99.73, and

8708.99.80.

(3) Cylindrical Roller Bearings, Mounted or

Unmounted, and Parts Thereof: These

products include all antifriction bearings
Federal Register / Vol. 60, No. 81 / Thursday, April 27, 1995 / Notices 20673

which employ cylindrical rollers as the

rolling element. Such merchandise is

classifiable under the following HTS item

numbers: 8482.50.00, 8482.80.00, 8482.91.00,

8482.99.35, 8482.99.70, 8483.20.40,

8483.20.80, 8483.30.40, 8483.30.80,

8483.90.20, 8483.90.30, 8483.90.70,

8708.50.50, 8708.60.50, 8708.99.52,

8708.99.70, 8708.99.73, and 8708.99.8055,

8708.99.70, 8708.99.73, and 8708.99.8058,

8708.99.70, 8708.99.73, and 8708.99.8061,

8708.99.70, 8708.99.73, and 8708.99.8064,

8708.99.70, 8708.99.73, and 8708.99.8067,

8708.99.70, 8708.99.73, and 8708.99.80.

(4) Needle Roller Bearings, Mounted or

Unmounted, and Parts Thereof: These

products include all antifriction bearings

which employ needle rollers as the rolling

element. Such merchandise is classifiable

under the following HTS item numbers:

8482.40.00, 8482.80.00, 8482.91.00,

8482.99.35, 8482.99.70, 8483.20.40,

8483.20.80, 8483.30.40, 8483.30.80,

8483.90.20, 8483.90.30, 8483.90.70,

8708.50.50, 8708.60.50, 8708.99.52,

8708.99.70, 8708.99.73, and 8708.99.8055,

8708.99.70, 8708.99.73, and 8708.99.8058,

8708.99.70, 8708.99.73, and 8708.99.8061,

8708.99.70, 8708.99.73, and 8708.99.8064,

8708.99.70, 8708.99.73, and 8708.99.8067,

8708.99.70, 8708.99.73, and 8708.99.80.

(5) Spherical Plain Bearings, Mounted or

Unmounted, and Parts Thereof: These

products include all spherical plain bearings

which do not employ rolling elements and

include spherical plain rod ends. Such

merchandise is classifiable under the

following HTS item numbers: 8483.30.40,

8483.30.80, 8483.90.20, 8483.90.30,

8485.90.00, 8708.99.52, 8708.99.70,

8708.99.73, and 8708.99.8055, 8708.99.70,

8708.99.73, and 8708.99.8058, 8708.99.70,

8708.99.73, and 8708.99.8061, 8708.99.70,

8708.99.73, and 8708.99.8064, 8708.99.70,

8708.99.73, and 8708.99.8067, 8708.99.70,

8708.99.73, and 8708.99.80.

These reviews cover all of the subject

bearings and parts thereof outlined above

with certain limitations. With regard to

finished parts (inner race, outer race, cage,

rollers, balls, seals, shields, etc.), all such

parts are included in the scope of this review.

For unfinished parts (inner race, outer race,

rollers, balls, etc.), such parts are included if

(1) they have been heat treated, or (2) heat

treatment is not required to be performed on

the part. Thus, the only unfinished parts that

are not covered by this review are those

where the part will be subject to heat

treatment after importation.

[FR Doc. 95–10406 Filed 4–26–95; 8:45 am]

BILLING CODE 3510–DS–P

National Oceanic and Atmospheric

Administration

Coastal Zone Management: Federal

Consistency Appeal by Vieques Marine

Laboratories From an Objection by the

Commonwealth of Puerto Rico

AGENCY: National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Notice of appeal and request for

comments.

Mr. Charles R. Connelly, on behalf of

the Vieques Marine Laboratories, Inc.

(Appellant), filed with the Secretary of

Commerce (Secretary) a notice of appeal

pursuant to section 307(c)(3)(A) of the

Coastal Zone Management Act of 1972

(CZMA), as amended, 16 U.S.C. 1451 et

seq., and the Department of Commerce’s

implementing regulations, 15 CFR part

930, subpart H. The appeal is taken from

an objection by the Puerto Rico

Planning Board (PRPB) to the

Appellant’s proposal to develop a

mariculture shrimp farm in Puerto

Ferro, Vieques, Puerto Rico. The

proposed project site is located in one

of the critical coastal wildlife areas of

Puerto Rico. The Appellant has certified

that the project, for which a U.S. Army

Corps of Engineers permit must be

obtained, is consistent with Puerto

Rico’s coastal management program

(CMP).

The CZMA provides that a timely

objection by a state, (including Puerto

Rico), precludes any federal agency

from issuing licenses or permits for the

activity unless the Secretary finds that

the activity is either ‘‘consistent with

the objectives’’ of the CZMA (Ground I)

or ‘‘necessary in the interest of national

security’’ (Ground II). Section

307(c)(3)(A). To make such a

determination, the Secretary must find

that the proposed project satisfies the

requirements of 15 CFR 930.121 or

930.122.

The Appellant requests that the

Secretary override the PRPB’s

consistency objections based on

Grounds I and II. To make the

determination that the proposed activity

is ‘‘consistent with the objectives’’ of the

CZMA, the Secretary must find that: (1)

The proposed activity furthers one or

more of the national objectives or

purposes contained in section 302 or

section 303 of the CZMA, (2) the

adverse effects of the proposed activity

do not outweigh its contribution to the

national interest, (3) the proposed

activity will not violate the Clean Air

Act or the Federal Water Pollution

Control Act, and (4) no reasonable

alternative is available that would

permit the activity to be conducted in a

manner consistent with Puerto Rico’s

CMP. 15 CFR 930.121. To make the

determination that the proposed activity

is ‘‘necessary in the interest of national

security’’ the Secretary must find that a

national defense or other national

security interest would be significantly

impaired if the activity is not permitted

to go forward as proposed. 15 CFR

930.122.

Public comments are invited on the

findings that the Secretary must make as

set forth in the regulations at 15 CFR

930.121. Comments are due within 30

days of the publication of this notice

and should be sent to Ms. Pamela B.

Lawrence, Attorney-Adviser, Office of

the Assistant General Counsel for Ocean

Services, National Oceanic and

Atmospheric Administration, U.S.

Department of Commerce, 1305 EastWest Highway, Room 6111, Silver

Spring, MD 20910. Copies of comments

will also be forwarded to the Appellant

and the PRPB.

All nonconfidential documents

submitted in this appeal are available

for public inspection during business

hours at the offices of the PRPB and the

Office of the Assistant General Counsel

for Ocean Services.

FOR ADDITIONAL INFORMATION CONTACT:

Ms. Pamela B. Lawrence, AttorneyAdviser, Office of the Assistant General

Counsel for Ocean Services, National

Oceanic and Atmospheric

Administration, U.S. Department of

Commerce, 1305 East-West Highway,

Room 6111, Silver Spring, MD 20910,

(301) 713–2967.

Dated: April 20, 1995.

Terry D. Garcia,

General Counsel.

(Federal Domestic Assistance Catalog No.

11.419 Coastal Zone Management Program

Assistance)

[FR Doc. 95–10335 Filed 4–26–95; 8:45 am]

BILLING CODE 3510–08–M

[I.D. 042095C]

Endangered Species; Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of receipt of an

application for modification 5 to

scientific research and enhancement

Permit 747 (P45H) and notice of

withdrawal of an application for a

scientific research permit (P578).

SUMMARY: Notice is hereby given that

the U.S. Fish and Wildlife Service

(FWS) has applied in due form for

Modification 5 to scientific research and

enhancement Permit 747 (P45H) and

that the California Department of Water

Resources (DWR) withdrew their

scientific research permit application

(P578) to take endangered Sacramento

River winter-run chinook salmon.

DATES: Written comments or requests for

a public hearing on the FWS permit

modification request must be received

on or before May 30, 1995.