3624 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Notices

publication date of these final results, as

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

Act:

(1) The cash deposit rates for OAB

will be the rate outlined above;

(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 for 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 conducted by the

Department, the cash deposit rate will

be the ‘‘all others’’ rate of 11.96 percent

established in the LTFV investigation.

All U.S imports of subject

merchandise by the respondent will be

subject to the deposit rate found in this

proceeding. The cash deposit rates have

been determined on the basis of the

selling price to the first unrelated

customer in the United States. The

Department will use the total value of

USP calculated from OAB’s response to

determine the appraisement rate.

This notice also serves as a final

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 the 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 notice also serves as a reminder

to parties subject to administrative

protective orders (APOs) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with 19 CFR 353.34(d). Timely written

notification of the return/destruction of

APO materials or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and terms of an APO is a sanctionable

violation.

This administrative review and this

notice are in accordance with section

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

1675(a)(1)) and 19 CFR 353.22.

Dated: January 9, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

[FR Doc. 95–1215 Filed 1–17–95; 8:45 am]

BILLING CODE 3510–DS–P

[A–588–054]

Tapered Roller Bearings, Four Inches

or Less in Outside Diameter, and

Components Thereof, From Japan;

Affirmation of the Results of

Redetermination Pursuant to Court

Remand

AGENCY: Import Administration/

International Trade Administration,

Department of Commerce.

SUMMARY: On June 8, 1994, the United

States Court of International Trade (CIT)

affirmed the Department of Commerce’s

(the Department’s) redetermination on

remand of the final results of

administrative review of the

antidumping finding on tapered roller

bearings, four inches or less in outside

diameter, and certain components

thereof (TRBs) from Japan (56 FR 26054,

June 6, 1991) (The Timken Company v.

United States (Slip Op. 94–41 (March 7,

1994)) (Timken). The results covered the

period August 1, 1987, through July 31,

1988, and TRBs produced by Koyo

Seiko Co., Ltd., and distributed by its

subsidiary, Koyo Corporation of U.S.A.

(collectively, Koyo), and by NSK Ltd.,

and distributed by its subsidiary, NSK

Corporation (collectively, NSK).

EFFECTIVE DATE: June 18, 1994.

FOR FURTHER INFORMATION CONTACT:

Chip Hayes or John Kugelman, Office of

Antidumping 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 March 7, 1994, the CIT issued an

order remanding to the Department the

final results of administrative review of

the antidumping finding on TRBs from

Japan (56 FR 26054, June 6, 1991).

In its decision in Timken, the CIT

remanded the final results to the

Department to allow the Department to

determine whether it has statutory

authority to adjust foreign market value

(FMV) for pre-sale inland freight in light

of the decision of the United States

Court of Appeals for the Federal Circuit

(Federal Circuit) in Ad Hoc Comm. of

AZ-NM-TX-FL Producers of Gray

Portland Cement v. United States, No.

93–1239 (Fed. Cir., January 5, 1994) (Ad

Hoc Comm.). In response to that order,

we explained that we adjust FMV for

post-sale movement expenses as

differences in circumstances of sale (19

CFR § 353.56(a)) and we consider presale freight to be appropriate expenses

to include in the exporter’s sales price

(ESP) offset under 19 CFR § 353.56(b)(2),

because they are post-production

expenses borne in preparation to sell the

merchandise. We further clarified that

§ 353.56(b)(2) of the Department’s

regulations allows the Department to

deduct from FMV all expenses, other

than direct selling expenses enumerated

in § 353.56(a), incurred in selling such

or similar merchandise up to the

amount of expenses incurred in selling

the merchandise in the United States.

Consequently, the Department has

determined it will evaluate claims of

pre-sale inland freight expenses for

home market (or third-country) sales

using the ESP offset provision in the

regulations.

Subsequent to the Department’s

explanation of the treatment of pre-sale

freight expenses in Timken, we have

determined that there are circumstances

when pre-sale movement expenses may

be direct expenses. Since direct

expenses are adjusted for under the

circumstance-of-sale provision, the

Department evaluates whether the presale movement expenses are direct

expenses by examining each

respondent’s pre-sale warehousing

expenses, since the pre-sale movement

charges incurred in positioning the

merchandise at the warehouse are, for

analytical purposes, linked to pre-sale

warehousing expenses. If the pre-sale

warehousing expenses constitute

indirect expenses, the expenses

involved in getting the merchandise to

the warehouse also must be indirect.

In its affirmation of June 8, 1994 (Slip

Op. 94–95), the CIT accepted the

Department’s explanation of its

methodology and ordered its

implementation for this review period.

In its decision in Timken Co. v.

United States, 893 F.2d 337 (Fed. Cir.

1990) (Timken I), the Federal Circuit

held that, pursuant to 19 U.S.C.

1516a(e), the Department must publish

a notice of a court decision which is not

‘‘in harmony’’ with a Departmental

determination, and must suspend

liquidation of entries pending a

‘‘conclusive’’ court decision. The CIT’s

decision in Timken constitutes a

decision not in harmony with the

Department’s final results of review.

This notice fulfills the publication

requirements of Timken I.

Accordingly, the Department will

continue the suspension of liquidation

of the subject merchandise.
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Notices 3625

Furthermore, absent an appeal, or, if

appealed, upon a ‘‘conclusive’’ court

decision affirming the CIT’s opinion, the

Department will amend the final results

of the administrative review of the

antidumping finding on tapered roller

bearings, four inches or less in outside

diameter, and certain components

thereof from Japan to reflect the

amended margins of 49.63 percent for

Koyo and 16.28 percent for NSK for the

period August 1, 1987 through July 31,

1988, in the Department’s

redetermination on remand, as affirmed

by the CIT.

Dated: January 9, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

[FR Doc. 95–1216 Filed 1–17–95; 8:45 am]

BILLING CODE 3510–DS–P

National Oceanic and Atmospheric

Administration

[I.D. 010995B]

Mid-Atlantic Fishery Management

Council; Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.

SUMMARY: The Mid-Atlantic Fishery

Management Council (Council) and its

Surf Clam and Ocean Quahog

Committee, Habitat Committee, and

Squid, Mackerel and Butterfish

Committee will hold public meetings on

January 31–February 2, 1995, at the

Dunes Manor Hotel, 28th Street and the

Ocean, Ocean City, MD 21842,

telephone: (410) 289–1100. On January

31, the Surf Clam and Ocean Quahog

Committee will meet from 1:00 p.m.

until 4:00 p.m., and the Habitat

Committee will meet from 4:00 p.m.

until 5:00 p.m. On February 1, the

Squid, Mackerel, and Butterfish

Committee will meet from 8:00 a.m.

until 11:30 a.m., followed by the full

Council meeting until 5:00 p.m. On

February 2, the full Council will meet

from 8:00 a.m. until approximately

noon.

The following topics may be

discussed:

(1) Review stock assessment for surf

clams and ocean quahogs;

(2) Review North Carolina surf clam

situation;

(3) Review hearing record and

comments on Amendment 5 to Squid,

Mackerel, Butterfish Fishery

Management Plan and decide on

changes, if any;

(4) Have an information and

education report on hook and release

mortality;

(5) Discuss habitat agenda items for

1995; and

(6) Other fishery management matters.

The Council meeting may be revised,

lengthened or shortened based on the

progress of the meeting. The Council

may go into closed session to discuss

personnel or national security matters.

FOR FURTHER INFORMATION CONTACT:

David R. Keifer, Executive Director,

Mid-Atlantic Fishery Management

Council, 300 S. New Street, Dover, DE

19901; telephone: (302) 674–2331.

SUPPLEMENTARY INFORMATION: This

meeting is physically accessible to

people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Joanna Davis on (302) 674–2331, at least

5 days prior to the meeting date.

Dated: January 11, 1995.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 95–1164 Filed 1–17–95; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 010995A]

South Atlantic Fishery Management

Council; Public Meetings and Hearings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings and

hearings.

SUMMARY: The South Atlantic Fishery

Management Council and its

Committees will hold public meetings

on February 6–10, 1995, at the Ponce de

Leon on 4000 U.S. Highway 1 North, St.

Augustine, FL; telephone: 1–800–228–

2821.

The Habitat Committee will meet on

February 6, from 1:30 p.m. until 5:00

p.m., to consider approving an

amendment to the Coral Fishery

Management Plan (FMP) which would

allow for aquaculture of live rock in

South Atlantic Federal waters. The

amendment establishes a permit system

which will enable NMFS to issue

Federal live rock aquaculture permits to

applicants with approved U.S. Army

Corps of Engineers general aquaculture

permits. These combined permits will

provide for placement and removal of

aquacultured live rock. The amendment

also contains a proposed prohibition on

octocoral harvest north of Cape

Canaveral, FL, and a prohibition on all

anchoring of fishing vessels in the

Oculina Bank.

On February 7, from 8:30 a.m until

12:00 noon, the Wreckfish Advisory

Panel will meet jointly with the

Snapper-Grouper Committee to review

wreckfish stock assessments and staff

reports before recommending a new

total allowable catch. The SnapperGrouper Committee will convene from

1:30 p.m. until 5:00 p.m., to review

public scoping meeting minutes before

preparing options to take to public

hearings on Amendment 8 to the

Snapper-Grouper FMP. Draft

Amendment 8 may include new

regulations for various snapper-grouper

species and gear types, limited access

into the snapper-grouper fishery,

modifications to commercial permits

and changes to multi-day bag limits.

At 6:30 p.m., a final public hearing

will be held on Amendment 1 to the

Shrimp FMP (Rock Shrimp) which

would prohibit rock shrimp trawling

south of a demarcation line of 28

degrees 30 minutes latitude off central

eastern Florida. Directly following the

hearing, public scoping meetings will be

held to solicit comments on finfish

bycatch in the shrimp fishery and on

developing an FMP for the golden crab

fishery.

The Controlled Access Committee

will meet on February 8, from 8:30 a.m.

until 12:00 noon, to review public

scoping meeting minutes, and then

determine if a controlled access program

is necessary for the Atlantic Spanish

mackerel fishery. From 1:30 p.m. until

5:00 p.m., the Shrimp Committee will

review Amendment 1 to the Shrimp

FMP (Rock Shrimp) for submission to

the Secretary of Commerce for final

approval.

The full Council will hold a meeting

on February 9–10, 1995, to discuss and

act on Committee recommendations.

The meeting on February 9 will begin at

8:30 a.m. and adjourn at 5:00 p.m. It

will reconvene on February 10 from

8:30 a.m. until 12:00 p.m. A detailed

agenda of the meeting will be available

on January 16.

FOR FURTHER INFORMATION CONTACT:

South Atlantic Fishery Management

Council; One Southpark Circle, Suite

306, Charleston, SC 29407–4699;

telephone: (803) 571–4366.

SUPPLEMENTARY INFORMATION: This

meeting is physically accessible to

people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to the

Council office at the above address by

January 30, 1995.