Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24831

(5.8%), cholic acid (4.0%), and various

packaging materials (4.8%–5.3%).

Foreign materials (accounting for

about 13–15 percent of material value)

that may also be involved in blending/

processing activity include buffers,

antibodies, detergents, proteins, avidin/

biotin, toxins, conjugates, enzymes,

enzyme substrates, inhibitors, growth

factors, amino acids, reagents for

peptide or phosphopeptide synthesis,

and peptides. The duty rates on

imported materials range from duty-free

to 18.6 percent, with most falling

between 4 percent and 7 percent.

Currently, about 45 percent of

merchandise is exported.

Zone procedures would exempt CNC

from Customs duty payments on foreign

materials that are reexported. The

company would be able to choose, in

some cases, the finished product duty

rates (3.1%–4.2%) rather than the duty

rates that would otherwise apply to the

foreign materials (duty-free to 18.6%) on

the above noted items blended/

processed at the facility. The

application indicates that zone

procedures will improve the plant’s

international competitiveness and will

help increase exports.

In accordance with the Board’s

regulations, a member of the FTZ Staff

has been designated examiner to

investigate the application and report to

the Board.

Public comment is invited from

interested parties. Submissions (original

and 3 copies) shall be addressed to the

Board’s Executive Secretary at the

address below. The closing period for

their receipt is July 10, 1995. Rebuttal

comments in response to material

submitted during the foregoing period

may be submitted during the subsequent

15-day period (to July 24, 1995).

A copy of the application and

accompanying exhibits will be available

for public inspection at each of the

following locations:

U.S. Department of Commerce District

Office, Suite 230, 6363 Greenwich

Drive, San Diego, CA 92122

Office of the Executive Secretary,

Foreign-Trade Zones Board, U.S.

Department of Commerce, Room

3716, 14th & Pennsylvania Avenue,

NW, Washington, DC 20230

Dated: May 2, 1995.

John J. Da Ponte, Jr.

Executive Secretary.

[FR Doc. 95–11527 Filed 5–9–95; 8:45 am]

BILLING CODE 3510–DS–P

International Trade Administration

Antidumping or Countervailing Duty

Order, Finding, or Suspended

Investigation; Opportunity To Request

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of opportunity to request

administrative review of antidumping or

countervailing duty order, finding, or

suspended investigation.

Background

Each year during the anniversary

month of the publication of an

antidumping or countervailing duty

order, finding, or suspension of

investigation, an interested party, as

defined in section 771(9) of the Tariff

Act of 1930, as amended, may request,

in accordance with section 353.22 or

355.22 of the Department of Commerce

(the Department) Regulations (19 CFR

353.22/355.22 (1993)), that the

Department conduct an administrative

review of that antidumping or

countervailing duty order, finding, or

suspended investigation.

Opportunity to Request a Review

Not later than May 31, 1995,

interested parties may request

administrative review of the following

orders, findings, or suspended

investigations, with anniversary dates in

May for the following periods:

Period

Antidumping Duty Proceedings:

Argentina: Light-Walled Welded Rectangular Carbon Steel Tubing (A–357–802) .......................................................... 05/01/94–04/30/95

Brazil: Cast-Iron Pipe Fittings (A–351–505) ..................................................................................................................... 05/01/94–04/30/95

Brazil: Certain Iron Construction Castings (A–351–503) ................................................................................................. 05/01/94–04/30/95

Brazil: Frozen Concentrated Orange Juice (A–351–605) ................................................................................................ 05/01/94–04/30/95

France: Ball Bearings, Cylindrical Roller Bearings, Spherical Plain Bearings, and Parts Thereof (A–427–801) ........... 05/01/94–04/30/95

Germany: Ball Bearings, Cylindrical Roller Bearings, Spherical Plain Bearings, and Parts Thereof (A–428–801) ....... 05/01/94–04/30/95

India: Certain Welded Carbon Steel Standard Pipes and Tubes (A–533–502) .............................................................. 05/01/94–04/30/95

Italy: Ball Bearings, Cylindrical Roller Bearings, and Parts Thereof (A–475–801) ......................................................... 05/01/94–04/30/95

Japan: Ball Bearings, Cylindrical Roller Bearings, Spherical Plain Bearings, and Parts Thereof (A–588–804) ............ 05/01/94–04/30/95

Japan: Impression Fabric (A–588–066) ........................................................................................................................... 05/01/94–04/30/95

Japan: Gray Portland Cement and Clinker (A–588–815) ................................................................................................ 05/01/94–04/30/95

Korea: DRAMS of One Megabit and Above (A–580–812) .............................................................................................. 05/01/94–04/30/95

Korea: Malleable Cast Iron Pipe Fittings, Other Than Grooved (A–580–507) ................................................................ 05/01/94–04/30/95

Romania: Ball Bearings and Parts Thereof (A–485–801) ............................................................................................... 05/01/94–04/30/95

Singapore: Ball Bearings and Parts Thereof (A–559–801) ............................................................................................. 05/01/94–04/30/95

Sweden: Ball Bearings, Cylindrical Roller Bearings, and Parts Thereof (A–401–801) ................................................... 05/01/94–04/30/95

Taiwan: Certain Circular Welded Carbon Steel Pipes and Tubes (A–583–507) ............................................................ 05/01/94–04/30/95

Taiwan: Malleable Cast-Iron Pipe Fittings, Other Than Grooved (A–583–507) .............................................................. 05/01/94–04/30/95

Thailand: Ball Bearings and Parts Thereof (A–549–801) ................................................................................................ 05/01/94–04/30/95

The People’s Republic of China: Certain Iron Construction Castings (A–570–502) ....................................................... 05/01/94–04/30/95

United Kingdom: Ball Bearings, Cylindrical Roller Bearings, and Parts Thereof (A–412–801) ...................................... 05/01/94–04/30/95

Turkey: Welded Carbon steel Standard Pipe and Tube Products (A–489–501) ............................................................ 05/01/94–04/30/95

Countervailing Duty Proceedings:

Brazil: Certain Heavy Iron Construction Castings (C–351–504) ..................................................................................... 01/01/94–12/31/94

Mexico: Ceramic Tile (C–201–003) .................................................................................................................................. 01/01/94–12/31/94

Singapore: Ball Bearings and Parts Thereof (C–559–802) ............................................................................................. 01/01/94–12/31/94

Singapore: Cylindrical Roller Bearings and Parts Thereof (C–559–802) ........................................................................ 01/01/94–12/31/94

Singapore: Needle Roller Bearings and Parts Thereof (C–559–802) ............................................................................. 01/01/94–12/31/94

Singapore: Spherical Plane Bearings and Parts Thereof (C–559–802) .......................................................................... 01/01/94–12/31/94

Singapore: Spherical Roller Bearings and Parts Thereof (C–559–802) .......................................................................... 01/01/94–12/31/94
24832 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

Period

Sweden: Viscose Rayon Staple Fiber (C–401–056) ....................................................................................................... 01/01/94–12/31/94

Thailand: Ball Bearings and Parts Thereof (C–549–802) ................................................................................................ 01/01/94–12/31/94

Venezuela: Ferrosilicon (C–307–808) .............................................................................................................................. 01/01/94–12/31/94

In accordance with sections 353.22(a)

and 355.22(a) of the regulations, an

interested party as defined by section

353.2(k) may request in writing that the

Secretary conduct an administrative

review. For antidumping reviews, the

interested party must specify for which

individual producers or resellers

covered by an antidumping finding or

order it is requesting a review, and the

requesting party must state why it

desires the Secretary to review those

particular producers or resellers. If the

interested party intends for the

Secretary to review sales of merchandise

by a reseller (or a producer if that

producer also resells merchandise from

other suppliers) which were produced

in more than one country of origin, and

each country of origin is subject to a

separate order, then the interested party

must state specifically which reseller(s)

and which countries of origin for each

reseller the request is intended to cover.

Seven copies of the request should be

submitted to the Assistant Secretary for

Import Administration, International

Trade Administration, Room B–009,

U.S. Department of Commerce,

Washington, D.C. 20230. The

Department also asks parties to serve a

copy of their requests to the Office of

Antidumping Compliance, Attention:

Pamela Woods, in room 3065 of the

main Commerce Building. Further, in

accordance with section 353.31(g) or

355.31(g) of the regulations, a copy of

each request must be served on every

party on the Department’s service list.

The Department will publish in the

Federal Register a notice of ‘‘Initiation

of Antidumping (Countervailing) Duty

Administrative Review,’’ for requests

received by May 31, 1995. If the

Department does not receive, by May

31, 1995, a request for review of entries

covered by an order or finding listed in

this notice and for the period identified

above, the Department will instruct the

Customs Service to assess antidumping

or countervailing duties on those entries

at a rate equal to the cash deposit of (or

bond for) estimated antidumping or

countervailing duties required on those

entries at the time of entry, or

withdrawal from warehouse, for

consumption and to continue to collect

the cash deposit previously ordered.

This notice is not required by statute,

but is published as a service to the

international trading community.

Dated: May 3, 1995.

Joseph A. Spetrini,

Deputy Assistant Secretary for Compliance.

[FR Doc. 95–11531 Filed 5–9–95; 8:45 am]

BILLING CODE 3510–DS–M

[A–588–815]

Gray Portland Cement and Clinker

From Japan; Court of International

Trade Decision and Suspension of

Liquidation

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: On March 28, 1995, in the

case of Nihon Cement Co., Ltd. et al. v.

United States, Slip Op. 95–53 (Nihon),

the United States Court of International

Trade (CIT) affirmed the Department of

Commerce’s (the Department)

redetermination on remand of the

original investigation of the

antidumping duty order on gray

portland cement and clinker from Japan

(56 FR 21658, May 10, 1991).

EFFECTIVE DATE: May 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Michelle Frederick or John Brinkmann,

Office of Antidumping Investigations,

International Trade Administration,

U.S. Department of Commerce,

Washington, D.C. 20230; telephone

(202) 482–0186 or 482–5288,

respectively.

SUPPLEMENTARY INFORMATION:

Background

On May 10, 1991, the Department

published in the Federal Register the

Antidumping Duty Order and

Amendment to Final Determination of

Gray Portland Cement and Clinker from

Japan. In that order, the Department set

forth its finding of weighted-average

margins for two companies during the

period of investigation (December 1,

1989 through May 31, 1990), and

announced its intent to instruct the U.S.

Customs Service to assess antidumping

duties on all appropriate entries.

Subsequent to this determination, the

two companies which were the subject

of the investigation filed lawsuits with

the CIT challenging the determination.

Thereafter the CIT issued an order and

Opinion dated May 25, 1993, in Nihon

Cement Co., et. al. v. United States,

Court No. 91–06–00425, Slip Op. 93–80

(May 25, 1993) remanding the

Department’s final determination so that

the Department could: (1) Recalculate

the United States price for Onoda

Cement Co.’s (Onoda) sales through

Lone Star Northwest’s Oregon division;

(2) articulate its underlying reasoning

regarding every element of 19 U.S.C.

section 1677(16)(B) (1988) in its product

comparison analysis; (3) recalculate the

dumping margin assigned to Nihon

Cement Co., Ltd. (Nihon) without

collapsing Nihon and the related

entities Myojo Cement Co., Ltd. and

Daiichi Cement Co., Ltd; and (4)

conduct a substantive investigation of

the service stations used by Onoda in its

home market distribution system.

On September 10, 1993, the

Department submitted its Final Remand

Results to the CIT. The defendantintervenor (the petitioner) subsequently

filed a motion requesting

reconsideration of the court’s order of

remand in light of the decision in The

Ad Hoc Committee of AX–NM–TX–FL

Producers of Gray Portland Cement v.

United States, 13 F.3d 398 (Fed. Cir.

1994) (Ad Hoc Committee). In that

decision, the Ad Hoc Committee court

held that the Department had no

inherent, ‘‘gap filling’’ authority to

adjust for home market pre-sale

movement expenses. Thus, the CIT

remanded the Department’s adjustment

for home market pre-sale movement

expenses for both Nihon and Onoda. In

performing the instant remands,

however, the CIT agreed with the

Department that the authority exists to

make such an adjustment to foreign

market value (FMV) under the

circumstance-of-sale provision of the

Department’s regulations (19 C.F.R.

353.56). Under this regulation, the

Department will make the adjustment to

FMV only if the expenses are

determined to be directly related to the

sales under investigation. To determine

whether pre-sale movement expenses

are direct, the Department examines the

respondent’s pre-sale warehousing

expenses because the pre-sale

movement charges incurred in

positioning the merchandise at the

warehouse are considered, for analytical

purposes, to be ‘‘inextricably linked’’ to

pre-sale warehousing expenses.

The Department’s remand

determination to deduct these home

market pre-sale movement expenses