31894 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Notices

infrastructure for medium and large

industrial projects in rural areas; and (3)

additional incentives ‘‘at the rate of 25

percent under all of the schemes’’ for

industrial units ‘‘coming up’’ in

identified ‘‘backward talukas.’’ The

petitioners also state that the document

on Gujarat Industrial Policy provides

‘‘direct evidence’’ of the planned

existence of these programs during the

POI. However, the information provided

by the petitioners regarding the

Infrastructure Assistance Scheme only

provides information on the intentions

of the SOG to provide assistance under

this scheme in 2000. For example, the

document entitled ‘‘Gujarat Industrial

Policy—2000’’ uses such phrases as a ‘‘a

scheme will be introduced,’’ ‘‘assistance

will be provided,’’ and ‘‘intends to

introduce.’’ The petition thus provides

no information that the Infrastructure

Assistance Scheme in fact existed

during the POI. Since the petitioners

have not provided information on

whether this scheme in fact existed

during the POI, they have therefore not

provided sufficient information

supporting their allegations that this

program provides a financial

contribution under section 771(5)(D) of

the Act, that this program provides a

benefit under section 771(5)(E) of the

Act, or that this program is specific

under section 771(5A) of the Act.

3. State of Madhya Pradesh (SMP) Sales

Tax Incentive Scheme

The petitioners based their allegations

concerning this program on a SMP state

profile. The SMP state profile includes

one sentence on this program under

‘‘Industrial Incentive Schemes,’’ stating

‘‘sales tax exemption/deferment for 4 to

9 years.’’ This information does not

support the petitioners’ allegation that

this program is specific under section

771(5A) of the Act.

4. SMP Capital Incentive Scheme

The petitioners based their allegations

concerning this program on a SMP state

profile. The SMP state profile includes

one sentence on this program under

‘‘Industrial Incentive Schemes,’’ stating

‘‘capital investment subsidy at the rate

of 5 percent to 15 percent.’’ This

information does not support the

petitioners’ allegation that this program

is specific under section 771(5A) of the

Act.

Critical Circumstances

The petitioners request that the

Department initiate a critical

circumstances investigation of Indian

PET film because the petitioners believe

that these imports are likely to

‘‘undermine seriously the remedial

effect of any * * * countervailing duty

order.’’

Section 703(e)(1) of the Act states that

the Department will find that critical

circumstances exist, at any time after

the date of initiation, when there is a

reasonable basis to believe or suspect

that (A) the alleged countervailable

subsidies are inconsistent with the

Subsidies Agreement and (B) there have

been massive imports of the subject

merchandise over a relatively short

period of time. Section 351.206(h) of our

regulations defines ‘‘massive imports’’

as imports that have increased by at

least 15 percent over the imports during

an immediately preceding period of

comparable duration. Section 351.206(i)

of the regulations states that ‘‘relatively

short period’’ will normally be defined

as the period beginning on the date the

proceeding begins and ending at least

three months later.

At this time, the petitioners have not

supported their allegation under section

703(e)(1) of the Act and section 351.206

of the Department’s regulations.

Although the petitioners provided data

indicating significant increases in

imports over a three-year period, we do

not consider this to be sufficient

evidence of massive imports over a

relatively short period of time within

the meaning of section 703(e)(1)(B) of

the Act and section 351.206 of the

Department’s regulations. If, at a later

date, the petitioners adequately allege

the elements of critical circumstances,

based on reasonably available

information, the Department will

investigate this matter further.

Initiation of Countervailing Duty

Investigation

The Department has examined the

countervailing duty petition on PET

film from India, and found that it

complies with the requirements of

section 702(b) of the Act. Therefore, in

accordance with section 702(b) of the

Act, we are initiating a countervailing

duty investigation to determine whether

manufacturers, producers, or exporters

of PET film from India receive

countervailable subsidies.

Distribution of Copies of the Petition

In accordance with section

702(b)(4)(A)(i) of the Act, a copy of the

public version of the petition has been

provided to the representatives of the

GOI. We will attempt to provide a copy

of the public version of the petition to

each exporter named in the petition, as

appropriate.

International Trade Commission

Notification

Pursuant to section 702(d) of the Act,

we have notified the ITC of our

initiation.

Preliminary Determination by the ITC

The ITC will determine, no later than

July 2, 2001, whether there is a

reasonable indication that imports of

PET film from India are causing material

injury, or threatening to cause material

injury, to a U.S. industry. A negative

ITC determination will result in the

investigation being terminated;

otherwise, this investigation will

proceed according to statutory and

regulatory time limits.

This notice is issued and published

pursuant to section 777(i) of the Act.

Dated: June 6, 2001.

Faryar Shirzad,

Assistant Secretary for Import

Administration.

[FR Doc. 01–14914 Filed 6–12–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of Application.

SUMMARY: The Office of Export Trading

Company Affairs (‘‘OETCA’’),

International Trade Administration,

Department of Commerce, has received

an application for an Export Trade

Certificate of Review. This notice

summarizes the conduct for which

certification is sought and requests

comments relevant to whether the

Certificate should be issued.

FOR FURTHER INFORMATION CONTACT:

Vanessa M. Bachman, Acting Director,

Office of Export Trading Company

Affairs, International Trade

Administration, by telephone at (202)

482–5131 (this is not a toll-free number)

or by E-mail at oetca@ita.doc.gov.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. 4001 et seq.) authorizes

the Secretary of Commerce to issue

Export Trade Certificates of Review. A

Certificate of Review protects the holder

and the members identified in the

Certificate from state and federal

government antitrust actions and from

private, treble damage antitrust actions

for the export conduct specified in the

Certificate and carried out in

compliance with its terms and

conditions. Section 302(b)(1) of the Act

and 15 CFR 325.6(a) require the

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Notices 31895

Secretary to publish a notice in the

Federal Register identifying the

applicant and summarizing its proposed

export conduct.

Request for Public Comments

Interested parties may submit written

comments relevant to the determination

whether a Certificate should be issued.

If the comments include any privileged

or confidential business information, it

must be clearly marked and a

nonconfidential version of the

comments (identified as such) should be

included. Any comments not marked

privileged or confidential business

information will be deemed to be

nonconfidential. An original and five

copies, plus two copies of the

nonconfidential version, should be

submitted no later than 20 days after the

date of this notice to: Office of Export

Trading Company Affairs, International

Trade Administration, Department of

Commerce, Room 1104H, Washington,

D.C. 20230, or transmit by E-mail at

oetca@ita.doc.gov. Information

submitted by any person is exempt from

disclosure under the Freedom of

Information Act (5 U.S.C. 552).

However, nonconfidential versions of

the comments will be made available to

the applicant if necessary for

determining whether or not to issue the

Certificate. Comments should refer to

this application as ‘‘Export Trade

Certificate of Review, application

number 01–00002.’’ A summary of the

application follows.

Summary of the Application

Applicant: Sun Valley Rice Co., L.L.C.

(‘‘Sun Valley’’), 7050 Eddy Road,

Arbuckle, California 95912.

Contact: Michael V. LaGrande,

President.

Telephone: (530) 476–3000.

Application No.: 01–00002.

Date Deemed Submitted: May 29,

2001.

Members (in addition to applicant):

Buckrock, LLC, Williams, CA; Klamath

Enterprises, LLC, Williams, CA; Thomas

Rice Company, LLC, Bakersfield, CA;

and Coldwater Farms, LLC, Bakersfield,

CA.

Export Trade

1. Products

California rice and rice products

(rough rice, brown rice, milled rice,

undermilled or unpolished rice, coated

rice, oiled rice, rice bran, rice polish,

head rice, broken rice, second head rice,

brewers rice, screenings, rice flour, and

rice hulls).

2. Services

All services related to the export of

Products.

3. Technology Rights

All intellectual property rights

associated with Products or Services,

including, but not limited to: patents,

trademarks, service marks, trade names,

copyrights, neighboring (related) rights,

trade secrets, know-how, and sui generis

forms of protection for databases and

computer programs.

4. Export Trade Facilitation Services (as

They Relate to the Export of Products,

Services and Technology Rights)

Export Trade Facilitation Services,

including, but not limited to: Consulting

and trade strategy; sales and marketing;

export brokerage; foreign marketing and

analysis; foreign market development;

overseas advertising and promotion;

product research and design based on

foreign buyer and consumer

preferences; documentation and

services related to compliance with

customs requirements; joint ventures;

inspection and quality control;

transportation; shipping and export

management; export licensing;

insurance and financing; billing of

foreign buyers; collection (letters of

credit and other financial instruments);

provision of overseas sales and

distribution facilities and overseas sales

staff; legal; accounting and tax

assistance; management information

systems development and application;

trade show exhibitions; professional

services in the area of government

relations and assistance with state and

federal export assistance programs, such

as the Export Enhancement and Market

Promotion programs.

Export Markets

The Export Markets include all parts

of the world except the United States,

(the fifty states of the United States, the

District of Columbia, the

Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, Guam,

the Commonwealth of the Northern

Mariana Islands, and the Trust Territory

of the Pacific Islands).

Export Trade Activities and Methods of

Operation

In connection with sales of Products

for export, Sun Valley, on a transactionby-transaction basis, may:

(a) Exchange information with

suppliers or other entities individually

regarding availability of and prices for

Products for export, and inventories and

near-term production and delivery

schedules for purposes of determining

the availability of Products for purchase

and export and coordinating export of

Products with its distributors and

customers in the Export Markets;

(b) Confer with suppliers about the

possibility of offers to and purchases by

Sun Valley for a specific export sales

opportunity;

(c) Solicit suppliers to offer/sell

Products through the certified activities

of Sun Valley;

(d) Solicit orders from potential

foreign distributors and purchasers for

sale of Products in Export Markets;

(e) Prepare and submit offers of

Products to potential foreign

distributors, purchasers or other entities

for sale in Export Markets;

(f) Establish the price and quantity of

Products for sale in Export Markets and

set other terms for any other sale;

(g) Negotiate and enter into

agreements for sale of Products in

Export Markets;

(h) Enter into agreements to purchase

Products from one or more suppliers to

fulfill specific sale obligations, which

may be agreements whereby suppliers

agree to deal exclusively with Sun

Valley for sale of the Products in a

particular Export Market or Markets

and/or whereby Sun Valley agrees to

purchase exclusively any particular

supplier’s (or suppliers’) Products for

resale in the Export Market;

(i) Assign sales of Products to, and/or

divide export orders among, suppliers

or other persons based on orders, Export

Market, territories, customers, or on any

other basis Sun Valley deems fit;

(j) Broker and take title to the Product;

(k) Enter into agreements with one or

more Export Trade Intermediaries or

export trade purchasers for the purchase

of Products, which may be agreements

whereby Sun Valley agrees to deal

exclusively with an entity or customer

in a particular Export Market, and/or by

which that customer or intermediary

agrees to deal exclusively with Sun

Valley and/or agrees not to purchase

from Sun Valley’s competitors in any

Export Market, unless so authorized;

(l) Apply for and utilize applicable

export assistance and incentive

programs which are available within

government and private sectors;

(m) Provide Export Trade Facilitation

Services including, but not limited to,

arranging and coordinating delivery of

Product to port of export; arranging for

inland and/or ocean transportation;

allocating Products to vessel; arranging

for storage space at port; arrange for

warehousing, stevedoring, wharfage,

handling, inspection, fumigation,

quality control, freight forwarding,

insurance, and documentation;

invoicing foreign buyer; collecting

payment for product; and arranging for

31896 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Notices

payment of applicable commissions and

fees;

(n) Refuse to purchase Product or

provide information regarding export

sales of Product to any supplier(s) or

other entities for any reason Sun Valley

deems fit;

(o) Refuse to sell Product, to quote

prices for Product, to provide

information regarding Product, or to

market or sell Product to any customers

or distributors in the Export Markets, or

in any countries or geographical areas in

the Export Markets; and

(p) Meet with suppliers or other

entities periodically to discuss general

matters specific to exporting (not related

to price and supply arrangements

between Sun Valley and the individual

suppliers) such as relevant facts

concerning the Export Markets (e.g.,

demand conditions, transportation costs

and prices in the Export Markets), or the

possibility of joint marketing, bidding or

selling arrangements in the Export

Markets.

Definition

Export Intermediary means a person

who acts as distributor, sales

representative, sales or marketing agent,

or broker, or who performs similar

functions including providing or

arranging for the provision of Export

Trade Facilitation Services.

Dated: June 8, 2001.

Vanessa M. Bachman,

Acting Director, Office of Export Trading

Company Affairs.

[FR Doc. 01–14881 Filed 6–12–01; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 060501C]

Mid-Atlantic Fishery Management

Council; Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting.

SUMMARY: The Mid-Atlantic Fishery

Management Council (Council) and its

Comprehensive Management

Committee, Surfclam and Ocean

Quahog Committee, Executive

Committee, Law Enforcement

Committee, and Squid, Mackerel, and

Butterfish Committee will hold a public

meeting.

DATES: The meetings will be held on

Tuesday, June 26, 2001 through

Thursday, June 28, 2001. See

SUPPLEMENTARY INFORMATION for specific

dates and times.

ADDRESSES: This meeting will be held at

the Radisson Hotel Hampton, 700

Settlers Landing Road, Hampton, VA,

telephone: 757–727–9700.

Council address: Mid-Atlantic Fishery

Management Council, 300 S. New

Street, Dover, DE 19904, telephone:

302–674–2331.

FOR FURTHER INFORMATION CONTACT:

Daniel T. Furlong, Executive Director,

Mid-Atlantic Fishery Management

Council; telephone: 302–674–2331, ext.

19.

SUPPLEMENTARY INFORMATION: On

Tuesday, June 26, 2001, the

Comprehensive Management Committee

will meet from 10 a.m. until noon; and

the Surfclam and Ocean Quahog

Committee will meet from 1 p.m. to 4

p.m. On Wednesday, June 27, the

Executive Committee will meet from 8

a.m. to 9 a.m; the Law Enforcement

Committee will meet from 8 a.m. to 9

a.m; the Squid, Mackerel, Butterfish

Committee will meet from 9 a.m. until

noon; and the Council will meet from 1

p.m. to 5 p.m. On Thursday, June 28,

Council will meet from 8 a.m. until 1

p.m.

Agenda items for the committees and

Council meeting(s), as appropriate, are:

Finalize the Comprehensive

Management Committee’s action plan to

address Council priorities; review staff

recommendations for 2002 quotas and

management measures, and develop

2002 quota specification

recommendations for surfclam and

ocean quahogs; develop comments

regarding proposed rule updating

regulations affecting Council operations;

continue development of Mid-Atlantic

Council enforcement guidelines; review

Monitoring Committee’s

recommendations on squid, mackerel,

and butterfish for 2002 quotas and

management measures and address

possible in-season adjustment for 2001;

recognize U.S. Coast Guard Cutter

Staten Island with Council’s Fishery

Achievement Award; and develop

recommendations for 2002 quota

specifications for both squid, mackerel,

butterfish and surfclam and ocean

quahogs; hear organizational and

committee reports including the New

England Council’s report where the

Council may address possible actions on

herring, groundfish, monkfish, red crab,

scallops, skates, and whiting. The

Council may also address possible

actions from the South Atlantic Council

on rock shrimp and dolphin/wahoo.

Although non-emergency issues not

contained in this agenda may come

before the Council for discussion, these

issues may not be the subject of formal

Council action during this meeting.

Council action will be restricted to those

issues specifically listed in this notice

and any issues arising after publication

of this notice that require emergency

action under section 305(c) of the

Magnuson-Stevens Act, provided the

public has been notified of the Council’s

intent to take final actions to address

such emergencies.

Special Accommodations

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Joanna Davis at the Council at least 5

days prior to the meeting date. Dated:

Dated: June 8, 2001.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–14922 Filed 6–12–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF EDUCATION

Notice of Proposed Information

Collection Requests

AGENCY: Department of Education.

SUMMARY: The Leader, Regulatory

Information Management Group, Office

of the Chief Information Officer, invites

comments on the proposed information

collection requests as required by the

Paperwork Reduction Act of 1995.

DATES: Interested persons are invited to

submit comments on or before August

13, 2001.

SUPPLEMENTARY INFORMATION: Section

3506 of the Paperwork Reduction Act of

1995 (44 U.S.C. Chapter 35) requires

that the Office of Management and

Budget (OMB) provide interested

Federal agencies and the public an early

opportunity to comment on information

collection requests. OMB may amend or

waive the requirement for public

consultation to the extent that public

participation in the approval process

would defeat the purpose of the

information collection, violate State or

Federal law, or substantially interfere

with any agency’s ability to perform its

statutory obligations. The Leader,

Regulatory Information Management

Group, Office of the Chief Information

Officer, publishes that notice containing

proposed information collection

requests prior to submission of these

requests to OMB. Each proposed

information collection, grouped by

office, contains the following: (1) Type

of review requested, e.g. new, revision,