65636 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Notices

Department’’) made its final

determination that pure magnesium

from the Russian Federation was being

sold at less than fair value (see Pure

Magnesium and Alloy Magnesium from

the Russian Federation (60 FR 16432,

March 30, 1995)). On May 12, 1995, the

Department published the antidumping

duty order on pure magnesium from the

Russian Federation (60 FR 25691). A

ministerial error identified by a

respondent, Interlink, was not corrected

by the Department prior to the time the

parties filed suit with the Court of

International Trade (CIT). On December

6, 1995, the CIT granted the

Department’s request for leave to correct

the ministerial error. This notice

provides the results of that correction.

EFFECTIVE DATE: December 20, 1995.

FOR FURTHER INFORMATION CONTACT:

Louis Apple, Office of Antidumping

Investigations, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone:

(202) 482–1769.

Scope of Orders

The product covered by this order is

pure primary magnesium regardless of

chemistry, form or size, unless expressly

excluded from the scope of this order.

Primary magnesium is a metal or alloy

containing by weight primarily the

element magnesium and produced by

decomposing raw materials into

magnesium metal. Pure primary

magnesium is used primarily as a

chemical in the aluminum alloying,

desulfurization, and chemical reduction

industries. In addition, pure primary

magnesium is used as an input in

producing magnesium alloy.

Pure primary magnesium

encompasses:

(1) Products that contain at least

99.95% primary magnesium, by weight

(generally referred to as ‘‘ultra-pure’’

magnesium);

(2) Products containing less than

99.95% but not less than 99.8% primary

magnesium, by weight (generally

referred to as ‘‘pure’’ magnesium); and

(3) Products (generally referred to as

‘‘off-specification pure’’ magnesium)

that contain 50% or greater, but less

than 99.8% primary magnesium, by

weight, and that do not conform to

ASTM specifications for alloy

magnesium.

‘‘Off-specification pure’’ magnesium

is pure primary magnesium containing

magnesium scrap, secondary

magnesium, oxidized magnesium or

impurities (whether or not intentionally

added) that cause the primary

magnesium content to fall below 99.8%

by weight. It generally does not contain,

individually or in combination, 1.5% or

more, by weight, of the following

alloying elements: aluminum,

manganese, zinc, silicon, thorium,

zirconium and rare earths.

Excluded from the scope of this order

is alloy primary magnesium, primary

magnesium anodes, granular primary

magnesium (including turnings and

powder), and secondary magnesium.

Granular magnesium, turnings, and

powder are classifiable under

Harmonized Tariff Schedule of the

United States (HTSUS) subheading

8104.30.00. Magnesium granules and

turnings (also referred to as chips) are

produced by grinding and/or crushing

primary magnesium and thus have the

same chemistry as primary magnesium.

Although not susceptible to precise

measurement because of their irregular

shapes, turnings or chips are typically

produced in coarse shapes and have a

maximum length of less than 1 inch.

Although sometimes produced in larger

sizes, granules are more regularly

shaped than turnings or chips, and have

a typical size of 2mm in diameter or

smaller.

Powders are also produced from

grinding and/or crushing primary

magnesium and have the same

chemistry as primary magnesium, but

are even smaller than granules or

turnings. Powders are defined by the

Section Notes to Section XV, the section

of the HTSUS in which subheading

8104.30.00 appears, as products of

which 90 percent or more by weight

will pass through a sieve having a mesh

aperture of 1mm. (See HTSUS, Section

XV, Base Metals and Articles of Base

Metals, Note 6(b).) Accordingly, the

exclusion of magnesium turnings,

granules and powder from the scope

includes products having a maximum

physical dimension (i.e., length or

diameter) of 1 inch or less.

The products subject to these orders

are classifiable under subheadings

8104.11.00, 8104.19.00 and 8104.20.00

of the HTSUS. Although the HTSUS

subheadings are provided for

convenience and customs purposes, our

written description of the scope is

dispositive.

Case History

On March 22, 1995, the Department of

Commerce (‘‘the Department’’) made its

final determination that pure

magnesium from the Russian Federation

was being sold at less than fair value

(see Pure Magnesium and Alloy

Magnesium from the Russian Federation

(60 FR 16432, March 30, 1995)). On May

12, 1995, the Department published the

antidumping duty order on pure

magnesium from the Russian Federation

(60 FR 25691).

On May 11, 1995, respondent

exporter, Interlink, alleged that a

ministerial error had been made in that

the Department incorrectly assigned a

margin for its sales of subject

merchandise supplied by Russian

producer, Solikamsk Magnesium Works

(SMW). Interlink requested that the

Department clarify the antidumping

duty order to show that Interlink is

excluded with regard to subject

merchandise supplied by SMW. The

Department found the allegation

constituted a ministerial error (see

memo from The Magnesium Team to

Barbara Stafford dated October 19,

1995). However, because the petitioner

filed suit with the CIT before we could

correct this error, we were unable to

correct this error and publish the

amended final determination and

amended antidumping duty order.

Subsequently, the CIT granted the

Department leave to correct this

ministerial error.

Amendment of Final Determination and

Antidumping Duty Order

The Department has corrected the

ministerial error in Interlink’s margin

calculation as follows: where the foreign

market value (FMV) had been

incorrectly based on an average of the

factors of production for both SMW and

the other Russian producer Avisma

Titanium-Magnesium Works, the FMV

now is based solely on SMW’s factors of

production. As a result the Department

is amending its final determination and

antidumping duty order of pure

magnesium from the Russian

Federation. The ad valorem weightedaverage dumping margin for Interlink is

as follows:

Interlink/Avisma—0.00

Interlink/SMW—0.00

Interlink/Other—100.25

This notice constitutes the amended

antidumping duty order with respect to

pure magnesium from the Russian

Federation. Interested parties may

contact the Central Records Unit, Room

B–099 of the Main Commerce Building,

for copies of an updated list of

antidumping duty orders currently in

effect.

This order are published in

accordance with section 736(a) of the

Act and 19 CFR 353.28(c).

Dated: December 14, 1995.

Barbara R. Stafford,

Deputy Assistant Secretary for Import

Administration.

[FR Doc. 95–30957 Filed 12–19–95; 8:45 am]

BILLING CODE 3510–DS–P
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Notices 65637

Export Trade Certificate of Review

ACTION: Notice of application to amend

certificate.

SUMMARY: The Office of Export Trading

Company Affairs, International Trade

Administration, Department of

Commerce, has received an application

to amend an Export Trade Certificate of

Review. This notice summarizes the

proposed amendment and requests

comments relevant to whether the

Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: W.

Dawn Busby, Director, Office of Export

Trading Company Affairs, International

Trade Administration, 202/482–5131.

This is not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. 4001–21) 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

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 an amended Certificate should

be issued. An original and five (5)

copies 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 1800H, Washington,

D.C. 20230. Information submitted by

any person is exempt from disclosure

under the Freedom of Information Act

(5 U.S.C. 552). Comments should refer

to this application as ‘‘Export Trade

Certificate of Review, application

number 89–6A016.’’

Geothermal Energy Association’s

original Certificate was issued on 02/05/

90. It was subsequently amended on 11/

07/90, 04/17/91, 09/11/91, 10/25/93,

and 09/26/94. A summary of the

original Certificate was published in the

Federal Register on 02/09/90 [55 FR

4647]. A summary of the application for

amendment follows.

Summary of the Application:

Applicant: Geothermal Energy

Association, 2001 Second St., Suite 5,

Davis, CA 95616.

Application No.: 89–6A016.

Contact: Arthur John Armstrong,

Attorney, (703) 356–3100.

Date Deemed Submitted: Dec. 7, 1995.

Proposed Amendment: The

Geothermal Energy Association seeks to

amend its Certificate to add the

following additional entities as

‘‘Members’’ within the meaning of

§ 325.2(1) of the Regulations (15 C.F.R.

325.2(1)): Ormat International, Inc.,

Sparks, Nevada (Controlling entity:

Ormat Technologies, Inc.); Resource

Group, Palm Desert, CA; and Ingram

Cactus Co., Houston, TX (Controlling

entity: Ingram Industries, Inc.). The

amendment would delete Foster Valve

Corporation and Ormat, Inc.

Dated: December 11, 1995.

W. Dawn Busby,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 95–30950 Filed 12–19–95; 8:45 am]

BILLING CODE 3510–DR–P

North American Free Trade Agreement

(NAFTA), Article 1904 Binational Panel

Reviews: Notice of Completion of

Panel Review

AGENCY: North American Free Trade

Agreement, NAFTA Secretariat, United

States Section, International Trade

Administration, Department of

Commerce.

ACTION: Notice of Completion of Panel

Review of the final dumping

determination made by the Secretaria de

Comercio y Fomento Industrial,

respecting Seamless Commercial Steel

Tubes from the United States of

America. The Binantional Panel Review

is terminated. (Secretariat File No.

MEX–95–1904–01).

SUMMARY: On November 10, 1995, Gulf

States Tube Division field a Request for

Panel review in the above referenced

matter with the Mexican Section of the

NAFTA Secretariat. On December 6,

1995, Gulf States filed a Notice of

Motion requesting termination of this

panel review. No other interested

persons filed a request for Panel Review

of this final determination. As of

December 6, 1995, no Complaint nor

Notice of Appearance had been filed by

any interested person. Therefore,

pursuant to subrules 71(2) and 78(a) of

the NAFTA Article 1904 Panel Rules

159 FR 8686, February 23, 1994) this

Notice of Completion of Panel Review

was effective on March 17, 1995.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States

Secretary, Binational Secretariat, Suite

2061, 14th and Constitution Avenue,

Washington, D.C. 20230, (202) 482–

5438.

Dated: December 13, 1995

James R. Holbein,

United States Secretary, NAFTA Binational

Secretariat.

[FR Doc. 95–30949 Filed 12–29–95; 8:45 am]

BILLING CODE 3510–GT–M

National Institute of Standards and

Technology

Prospective Grant of Exclusive Patent

License; Advanced Ceramics Research

AGENCY: National Institute of Standards

and Technology, Commerce.

ACTION: Notice of prospective grant of

exclusive patent license.

SUMMARY: This is a notice in accordance

with 35 U.S.C. 209(c)(1) and 37 CFR

404.7(a)(1)(i) that the National Institute

of Standards and Technology (‘‘NIST’’),

U.S. Department of Commerce, is

contemplating the grant of a field of use

exclusive license in the United States to

practice the invention embodied in U.S.

Patent Number 4,772,524, titled,

‘‘Fibrous Monolithic Ceramic and

Method For Production’’ to Advanced

Ceramics Research, having a place of

business in Tucson, Arizona.

FOR FURTHER INFORMATION CONTACT:

Bruce E. Mattson, National Institute of

Standards and Technology, Technology

Development and Small Business

Program, Building 221, Room B–256,

Gaithersburg, MD 20899.

SUPPLEMENTARY INFORMATION: The

prospective exclusive license will be

royalty-bearing and will comply with

the terms and conditions of 35 U.S.C.

209 and 37 CFR 404.7. The prospective

exclusive license may be granted unless,

within sixty days from the date of this

published Notice, NIST receives written

evidence and argument which establish

that the grant of the license would not

be consistent with the requirements of

35 U.S.C. 209 and 37 CFR 404.7.

U.S. Patent Number 4,772,524 is a

process of making fibrous monolithic

ceramic product of high density.

NIST may enter into a Cooperative

Research and Development Agreement

(‘‘CRADA’’) to perform further research

on the invention for purposes of

commercialization. The CRADA may be

conducted by NIST without any

additional charge to any party that

licenses the patent. NIST may grant the

licensee an option to negotiate for

royalty-free exclusive licenses to any

jointly owned inventions which arise