Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Notices 27963

adjustment to the vanadium slag value

for purported differences in freight

expenses.

Comment 12: Odermet’s Export

Shipment Expenses

Odermet claims it correctly reported

its per-unit freight expenses based on

gross weight, rather than contained

vanadium weight, because this

methodology reflects the manner in

which it is billed for freight services.

GfE and Shieldalloy contend that, as

USP is reported in terms of contained

vanadium weight, the freight expenses

should be reported on the same basis

and thus must be corrected.

DOC Position

We agree with GfE and Shieldalloy

and have adjusted these expenses

accordingly. Price adjustments are

always made on the same basis upon

which price is reported. Although

Odermet is correct that expenses should

be reported on the same basis on which

they are incurred, since Odermet

reported its sales prices on a contained

vanadium weight basis, the proper basis

for allocating movement expenses on a

per-unit basis is contained vanadium

weight. To allocate these expenses on a

gross weight basis would understate the

expense to Odermet, not overstate it as

Odermet claims.

Comment 13: Inflation Adjustments and

Exchange Rate Conversions for

Surrogate Values

GfE and Shieldalloy contend that the

Department erred by not properly

inflating pre-POI surrogate values to the

POI for raw materials where the value

was based on 1993 data. These parties

contend that the pre-POI surrogate

values must be converted to U.S. dollar

values using contemporaneous

exchange rates in order to accurately

reflect costs and market conditions

during the time these costs were

incurred. Thus, according to GfE and

Shieldalloy, to value these factors

properly, the Department should first

convert the value to U.S. dollars using

the average exchange rate for 1993, and

then inflate the value to the POI using

the ratio between the average price

index for 1993 and the average price

index for the POI.

Chusovoy, Galt, and Tulachermet

contend that the exchange rate

methodology used in preliminary

determination was proper, and that GfE

and Shieldalloy’s methodology is

internally inconsistent. If

contemporaneous exchange rates must

be used, they say, then

contemporaneous prices must also be

used. However, Chusovoy, Galt, and

Tulachermet add that there is no reason

to inflate these 1993 prices because the

period during which the subject

merchandise was produced includes

months in 1993, and there is no basis to

conclude that average prices for 1993

went up or down relative to average

prices during the POI.

DOC Position

The Department’s consistent practice

has been to first inflate noncontemporaneous surrogate values to

the POI, to reflect the economic trends

in the surrogate country, and then

convert the POI value to U.S. dollars

according to the POI exchange rate (see,

e.g., Pencils). Converting to U.S. dollars

first and then inflating the U.S. dollardenominated prices risks pulling into

the valuation equation variables that

have no bearing on factor prices in the

surrogate country. Moreover, our

practice is not to inflate values when the

time period of the value—in this case

1993—overlaps with any part of the

POI—in this case December 1993. GfE

and Shieldalloy offer no compelling

arguments to change our practice; thus

we have made no changes to our

inflation rate and exchange rate

adjustment methodologies.

Continuation of Suspension of

Liquidation

In accordance with section 733(d)(1)

of the Act, we directed the Customs

Service to suspend liquidation of all

entries of ferrovanadium and nitrided

vanadium from the Russian Federation

entered, or withdrawn from warehouse,

for consumption on or after January 4,

1995, which is the date of publication

of our notice of preliminary

determination in the Federal Register.

We shall instruct the Customs Service to

require a cash deposit or posting of a

bond equal to the estimated amount by

which the FMV exceeds the USP as

shown below, as of the effective date of

this notice. The suspension of

liquidation instructions will remain in

effect until further notice.

The weighted-average margins are as

follows:

Manufacturer/producer/exporter

Weightedaverage

margin

Galt Alloys, Inc. ........................ 3.75

Gesellschaft far

Elektrometallurgie m.b.H.

(and its related companies

Shieldalloy Metallurgical Corporation, and Metallurg, Inc.) 11.72

Odermet .................................... 10.10

Russia-wide Rate ..................... 108.00

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the ITC of our

determination. As our final

determination is affirmative, the ITC

will determine whether these imports

are causing material injury, or threat of

material injury, to the industry in the

United States, within 45 days. If the ITC

determines that material injury, or

threat of material injury, does not exist,

the proceeding will be terminated and

all securities posted will be refunded or

cancelled. If the ITC determines that

such injury does exist, the Department

will issue an antidumping duty order

directing Customs officials to assess

antidumping duties on all imports of the

subject merchandise entered, or

withdrawn from warehouse, for

consumption on or after the effective

date of the suspension of liquidation.

Dated: May 19, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

[FR Doc. 95–13011 Filed 5–25–95; 8:45 am]

BILLING CODE 3510–DP–P

Countervailing Duty Order;

Opportunity to Request a Section 753

Injury Investigation

AGENCY: Inport Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Opportunity to

Request a Section 753 Injury

Investigation for Countervailing Duty

Orders.

SUMMARY: The Department of Commerce

(the Department) is notifying domestic

interested parties of their right to

request an injury investigation under

section 753 of the Tariff Act of 1930, as

amended (the Act), for countervailing

duty orders listed in the Appendix that

were issued under former section 303 of

the Act.

EFFECTIVE DATE: May 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Cameron Cardozo, 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) 482–2786; or Vera

Libeau, Office of Investigations, U.S.

International Trade Commission, 500 E

Street, SW., Washington, DC 20436,

telephone: (202) 205–3176.
27964 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Notices

1Zimbabwe became a signatory to the WTO on

March 3, 1995, and Israel became a signatory to the

WTO on April 21, 1995.

1Applies only to the dutiable merchandise within

the scope of the order.

SUPPLEMENTARY INFORMATION:

Background

We have listed in the appendix to this

notice countervailing duty orders issued

under former section 303 of the Act. At

the time these orders were issued, U.S.

law did not require injury

determinations as a prerequisite to their

issuance. With the accession of the

United States to the World Trade

Organization (WTO) and the enactment

of the Uruguay Round Agreements Act

of 1994 (URAA), P.L. 103–465, U.S. law

has changed. Under the URAA, the

Government of the United States may

not assess countervailing duties on

imports from a WTO member country in

the absence of an injury determination.

Thus, as noted in the Statement of

Administrative Action, new section 753

of the Act (as amended by the URAA)

provides that for such orders ‘‘. . . a

domestic interested party may request

that the [International Trade]

Commission initiate an investigation to

determine whether an industry in the

United States is likely to be materially

injured by reason of imports of the

merchandise subject to the CVD order if

the order is revoked.’’ See Statement of

Administrative Action, URAA, p.272.

Opportunity to Request a Section 753

Injury Investigation

On January 1, 1995, the countries

listed in the Appendix joined the

WTO.1 Therefore, for each

countervailing duty order listed din the

Appendix, we are notifying all domestic

interested parties, as described in

sections 771(9)(C), (D), (E), (F), or (G) of

the Act, of their right to request an

injury investigation under section 753(a)

from the U.S. International Trade

Commission (the Commission). In

accordance with sections 753(b) (3) and

(4) of the Act, outstanding section 303

orders for which the Commission has

not previously made an affirmative

injury determination will be revoked by

the Department unless a request for an

injury investigation is submitted to the

Commission within six months of the

date on which the country covered by

the order joins the WTO, and the

Commission renders an affirmative

injury determination pursuant to section

753(a)(1) of the Act. For those countries

which joined the WTO on January 1,

1995, requests must be filed with the

Commission no later than June 30, 1995.

Requests for injury investigations

under section 753 must be filed with the

Commission in accordance with 19 CFR

207.46(b), added by 60 FR 18, 22–23

(January 3, 1995). All requests should be

addressed to: Secretary, U.S.

International Trade Commission, 500 E

Street, NW., Washington, DC 20436.

If investigations under section 753(a)

of the Act are requested with respect to

more than one countervailing duty order

covering the same or comparable subject

merchandise, the Commission may

conduct such investigations jointly.

Domestic interested parties, in their

requests under section 753(a), may

propose for the Commission’s

consideration countervailing duty

orders suitable for joint consideration.

In addition, domestic interested

parties that request an injury

investigation under section 753(a) of the

Act may request under section 751(c) of

the Act that ‘‘sunset reviews’’ of any

outstanding antidumping or

countervailing duty order involving the

same or comparable subject

merchandise be expedited so that these

reviews are conducted

contemporaneously with the

investigation(s) under section 753(a).

Requests for expedited sunset reviews

must be submitted to the Department in

accordance with the procedures and

requirements established for

administrative reviews in 19 CFR 355.31

on the same day as the request for an

investigation under section 753(a) is

filed with the Commission. If the

Department, after consulting with

Commission, commences an expedited

sunset review under section 751(c), the

Commission may conduct

contemporaneous proceedings under

sections 751(c) and 753(a) of the Act

and may cumulate imports from the

subject countries.

Dated: May 23, 1995.

Susan G. Essermen,

Assistant Secretary for Import

Administration.

Argentina: Apparel (C–357–404)

Argentina: Carbon Steel—Cold-Rolled

Flat Products (C–357–005)

Argentina: Leather (C–357–803)

Argentina: Leather Wearing Apparel (C–

357–001)

Argentina: Line Pipe (C–357–801)

Argentina: Non-Rubber Footwear (C–

357–052)

Argentina: OCTG (C–357–403)

Argentina: Standard Pipe (C–357–801)

Argentina: Textile Mill Products (C–

357–404)

Argentina: Tubing, Heavy-Walled

Rectangular (C–357–801)

Argentina: Tubing, Light-Walled

Rectangular (C–357–801)

Argentina: Wool (C–357–002)

Israel: Roses (C–508–064)

Malaysia: Extruded Rubber Thread (C–

557–806)

Malaysia: Wire Rod, Carbon Steel (C–

557–701)

Mexico: Ceramic Tile (C–201–003)

Mexico: Leather Wearing Apparel (C–

201–001)

Mexico: Textile Mill Products (C–201–

405)

New Zealand: Brazing Copper Rod &

Wire (C–614–501)

New Zealand: Steel Wire (C–614–601)

New Zealand: Steel Wire Nails (C–614–

701)

New Zealand: Wire Rod, Carbon Steel

(C–614–504)

Peru: Cotton Sheeting and Sateen (C–

333–001)

Peru: Cotton Yarn (C–333–002)

Peru: Rebar (C–333–502)

Peru: Textile Mill Products (C–333–402)

South Africa: Ferrochrome (C–791–001)

Sri Lanka: Textile Mill Products (C–

542–401)

Thailand: Apparel (C–529–401)

Thailand: Butt-Weld Pipe Fittings (C–

549–804)

Thailand: Malleable Iron Pipe Fittings

(C–549–803)

Thailand: Steel Wire Rope (C–549–806)

Thailand: Pipe and Tube (C–549–501)

Thailand: Rice (C–549–503)

Thailand: Steel Wire Nails (C–549–701)

Venezuela: Circular Welded Nonalloy

Steel Pipe (C–307–806)

Venezuela: Ferrosilicon (C–307–808) 1

Zimbabwe: Wire Rod, Carbon Steel (C–

796–601)

[FR Doc. 95–13164 Filed 5–25–95; 8:45 am]

BILLING CODE 3510–DS–M

Minority Business Development

Agency

Business Development Center

Applications: Charleston, South

Carolina

AGENCY: Minority Business

Development Agency.

ACTION: Amendment.

SUMMARY: On page 24838, issue dated

Wednesday, May 10, 1995, solicitation

to operate the Charleston Minority

Business Development Center is

amended to read: Metropolitan Area:

Charleston, South Carolina, office to be

located in the Charleston Small

Business Resource Center, 284 King

Street, Charleston, South Carolina

29401, telephone Number (803) 853–

3900. The closing date for applications

is June 16, 1995.

FOR FURTHER INFORMATION AND AN

APPLICATION PACKAGE, CONTACT: Robert

Henderson at (404) 730–3300.