Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Notices 9011

and granted deadline extensions. In

spite of this, LaPerle did not provide the

Department with enough information to

support its position that the related

parties should not be collapsed. In

addition, it did not consolidate all

information for the respondent entity,

including information for its related

home market firms as outlined in our

questionnaire. Therefore, we have

determined that LaPerle significantly

impeded the proceeding and, in

accordance with section 776(c) of the

Tariff Act, we have based our final

results regarding LaPerle and its related

entities on BIA.

Comment 2: LaPerle states that if the

Department continues to use BIA for the

final results of review, it should use a

second-tier BIA rate since LaPerle was

a cooperative respondent. To support its

argument LaPerle refers to Stainless

Steel Wire Rods from Brazil (58 FR

68862, 1993), where the Department

applied a less adverse rate because the

respondent was cooperative.

The petitioner in its rebuttal

comments states that the Department

should reject this claim for the same

reason as it did in the 1992–93 review.

The petitioner asserts that, as in that

review, absent a consolidated response

from LaPerle and its related entities, the

Department would not be able to reach

a determination of the amount of

dumping engaged in by LaPerle and its

related concerns, and thus that LaPerle

did not fully cooperate with the

Department.

Department’s Position: Despite

LaPerle’s responses, the respondent

entity’s response was inadequate.

Therefore, we have concluded that the

respondent entity ‘‘refused to cooperate

* * * or otherwise significantly

impeded’’ the review. (See Allied-Signal

Aerospace Co. v. United States, 996

F.2d 1185 (Fed. Cir. 1993)).

Accordingly, the application of first-tier

BIA is appropriate because LaPerle

impeded the proceeding by failing to

provide to the Department the

information necessary to conduct the

review and by failing to provide support

for its position that LaPerle should not

be collapsed with the 14 other

companies during the period of review.

Final Results of the Review

As a result of our review, we

determine that the following weightedaverage margins exist, and have been

applied based on relationship and/or

failure to respond, for the period March

1, 1991 through February 29, 1992:

Manufacturer/Producer/Exporter Margin

percent

LaPerle ............................................. 9.80

Penticton ........................................... 9.80

Titan .................................................. 9.80

Associated ........................................ 9.80

The Department shall determine, and

the Customs Service shall assess,

antidumping duties on all appropriate

entries. The Department will issue

appraisement instructions on each

exporter directly to the Customs

Service.

Because the Department has already

completed the review for the period

March 1, 1992, through February 28,

1993, the cash deposit requirement for

merchandise subject to the order will

not be changed by these final results,

except in the case of the two companies

related to LaPerle that were not assigned

cash deposit rates in the review

covering the next annual period. For

these two companies, the Department

will instruct Customs to collect cash

deposits at the rate applicable to LaPerle

in this review.

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 this 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 return or

destruction of proprietary information

disclosed under APO in accordance

with 19 CFR 353.34(d). Timely written

notification of return/destruction of

APO materials or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and the terms of an APO is a

sanctionable violation.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Tariff Act (19 U.S.C. 1675(a)(1))

and 19 CFR 353.22.

Dated: February 8, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

[FR Doc. 95–3962 Filed 2–15–95; 8:45 am]

BILLING CODE 3510–DS–P

Export Trade Certificate of Review

ACTION: Notice of issuance of an

amended export trade certificate of

review, application No. 89–2A001.

SUMMARY: The Department of Commerce

has issued an amendment to the Export

Trade Certificate of Review granted to

the Air-Conditioning & Refrigeration

Institute (‘‘ARI’’) on May 10, 1991.

Notice of issuance of the Certificate was

published in the Federal Register on

May 21, 1991 (56 FR 23284).

DATES: July 13, 1994.

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. Sections 4001–21)

authorizes the Secretary of Commerce to

issue Export Trade Certificates of

Review. The regulations implementing

Title III are found at 15 CFR Ch. III Part

325 (1994).

The Office of Export Trading

Company Affairs is issuing this notice

pursuant to 15 CFR 325.6(b), which

requires the Department of Commerce to

publish a summary of a Certificate in

the Federal Register. Under Section

305(a) of the Act and 15 CFR 325.11(a),

any person aggrieved by the Secretary’s

determination may, within 30 days of

the date of this notice, bring an action

in any appropriate district court of the

United States to set aside the

determination on the ground that the

determination is erroneous.

Description of Amended Certificate

Export Trade Certificate of Review

No. 89–00010 was issued to the AirConditioning & Refrigeration Institute

(‘‘ARI’’) on May 10, 1991 (56 FR 23284,

May 21, 1991), and previously amended

on July 6, 1992 (57 FR 30956, July 13,

1992).

ARI’s Export Trade Certificate of

Review has been amended to:

1. add the following companies as

‘‘Members’’ within the meaning of

section 325.2(1) of the Regulations (15

CFR 325.2 (1)): American Thermaflo;

Cryogel; Danfoss Automatic Controls;

Doucette Industries, Inc.; Herrmidifier

Company, Inc.; Hoshizaki America, Inc.;

MDI Major Diversities, Inc.; Manchester

Tank and Equipment Company; Uniflow

Manufacturing Company; and Witt;

2. delete the following company as a

‘‘Member’’ of the Certificate: Hupp

Industries, Inc.;

3. change the listing of the company

name of the following current

‘‘Members’’ as follows: Change Airmax,
9012 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Notices

Inc. to AIRMAX; Alco Controls

Division, Emerson Electric Company to

Emerson Electric Company, for the

activities of its Alco Controls Division;

ATOCHEM North America to Elf

ATOCHEM North America; Baltimore

Aircoil Company, Subsidiary of Amsted

Industries, Inc. to Baltimore Aircoil

Company, a subsidiary of Amsted

Industries, Inc.; Barber-Coleman

Company to Siebe Environmental

Controls; Climate Master to Climate

Master, Inc., A Subsidiary of LSB

Industries; Crystal Tips, Inc. to Crystal

Tips Ice Systems; E.I. du Pont de

Nemours & Company, Fluorochemicals

Division to E.I. du Pont de Nemours &

Company, for the activities of its

Fluorochemicals Division; Eaton

Corporation, Automotive & Appliance

Controls Operation to Eaton

Corporation, for the activities of its

Automotive & Appliance Control

Operations; Florida Heat Pump

Manufacturing, Division of Harrow

Products, Inc. to FHP Manufacturing

Company, A Harrow Products

Company; Johnson Controls, Inc.,

Control Products Division to Johnson

Controls, Inc., for the activities of its

Systems Products Division; Mammoth,

A Nortek Company to Mammoth, Inc.;

Manitowoc Equipment Works, Division

of Manitowoc Co., Inc. to Manitowoc

Co. Inc., for the activities of its

Manitowoc Equipment Works Division;

NIBCO, Inc., OEM Division to NIBCO,

Inc., for the activities of its OEM

Division; Parker Refrigeration

Components Group, Parker-Hannifin

Corporation to Parker-Hannifin

Corporation, for the activities of its

Parker Refrigeration Components Group;

Ranco to Ranco North America; Servend

International, Inc. to SerVend

International, Inc.; SnyderGeneral

Corporation to AAF/McQuay Inc;

Sterling Radiator, A Division of Mestek,

Inc. to Mestek, Inc., for the activities of

its Sterling Radiator Division; and

Superior Valve Company, Division of

Amcast Industrial Corp. to Amcast

Industrial Corp., for the activities of its

Superior Valve Company Division; and

4. add as new products to be covered

as Export Trade under the Certificate

within the meaning of § 325.2j of the

Regulations (15 CFR 325.2j): (1) Nonducted unitary air-conditioning

equipment, and (2) containers used for

the distribution, storage or recovery of

refrigerants.

A copy of the amended certificate will

be kept in the International Trade

Administration’s Freedom of

Information Records Inspection Facility,

Room 4102, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C. 20230.

Dated: February 9, 1995.

W. Dawn Busby,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 95–3870 Filed 2–15–95; 8:45 am]

BILLING CODE 3510–DR–P

[A–357–809, A–351–826, A–428–820 and A–

475–814]

Notice of Postponement of Final

Determinations: Small Diameter

Circular Seamless Carbon and Alloy

Steel, Standard, Line and Pressure

Pipe From Argentina, Brazil, Germany

and Italy

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: February 16, 1995.

FOR FURTHER INFORMATION CONTACT:

James Terpstra or Irene Darzenta, Office

of Antidumping Investigations, Import

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, DC 20230;

telephone (202) 482–3965 or (202) 482–

6320, respectively.

Postponement

On January 13, 1995, the respondents

in the Brazilian and German

investigations requested that, in the

event of an affirmative preliminary

determination in either investigation,

the Department of Commerce (the

Department) postpone the deadline for

the final determination to a date no later

that 135 days after the date of

publication of the preliminary

determination in the Federal Register.

On January 18, 1995, the respondent in

the Argentine investigation made a

similar request. In each of these

investigations, the respondent requested

a postponement due to the complexity

of the investigation. On January 30,

1995, the petitioner requested that the

Department postpone its final

determination in the Italian

investigation until 135 days after the

preliminary determination. Petitioner

requested a postponement to allow the

Department time to conduct a sales

below cost investigation.

On January 27, 1995, the Department

published affirmative preliminary

determinations in the antidumping duty

investigations of small diameter circular

seamless carbon and alloy steel,

standard, line and pressure pipe

(seamless pipe) from Argentina, (60 FR

5348), Brazil (60 FR 5351) and Germany

(60 FR 5355) and a negative preliminary

determination in the antidumping duty

investigation of seamless pipe from Italy

(60 FR 5358). On February 2, 1995, the

Department initiated a sales below cost

investigation in the Italian case.

The Department’s regulations provide

that upon the receipt of a proper

request, the Department will postpone

the final determination unless there are

compelling reasons to deny the request

(19 CFR 353.20(b)(1) (1994)). We find

that the requests for postponement of

these investigations meet the regulatory

requirements and that there are no

compelling reasons to deny these

requests. Therefore, we are postponing

the final determinations in the abovereferenced investigations pursuant to

section 735(a)(2)(A) of the Tariff Act of

1930, as amended (the Act). The final

determinations will be issued not later

than June 12, 1995. Unless otherwise

indicated, all citations to the Statute and

to the Department’s regulations are in

reference to the provisions as they

existed on December 31, 1994.

In accordance with 19 CFR 353.38,

case and rebuttal briefs must be

submitted in at least ten copies to the

Assistant Secretary for Import

Administration according to the

schedule detailed below. In addition, a

public version and five copies should be

submitted by the appropriate date if the

submission contains business

proprietary information. In accordance

with 19 CFR 353.38(b), we will hold

public hearings, if requested, to afford

interested parties an opportunity to

comment on arguments raised in case or

rebuttal briefs. If requested, hearings are

tentatively scheduled as detailed below.

These hearings will be held at the U.S.

Department of Commerce, 14th Street

and Constitution Avenue N.W.,

Washington D.C., 20230. Parties should

confirm by telephone the time, date, and

place of the hearing 48 hours before the

scheduled time.

Country Case briefs Rebuttal briefs Hearing date/time/room

Argentina ....................................................................... May 5 ................................. May 10 ............................... May 12 at 9:30—4830.

Germany ........................................................................ May 8 ................................. May 15 ............................... May 17 at 9:30—1412.

Brazil .............................................................................. May 9 ................................. May 16 ............................... May 18 at 9:30—1414.

Italy ................................................................................ May 10 ............................... May 17 ............................... May 19 at 9:30—1414.