Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices 10353

Dated: February 13, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

Attachment—Color Television Receivers

From Korea; Amendment to Final Results of

Antidumping Duty Administrative Review

[A–580–008]

Agency: International Trade

Administration/Import Administration

Department of Commerce.

Action: Notice of Amendment to Final

Results of Antidumping Duty Administrative

Review.

Summary: On July 1, 1988, the Department

of Commerce published the final results of its

administrative review of the antidumping

duty order on color television receivers from

Korea. The review covered the period April

1, 1985 through March 31, 1986.

After publication of our final results, we

received comments from certain parties to

the proceeding alleging ministerial errors. We

have corrected the ministerial errors and

have amended the final results of review for

Daewoo.

SUPPLEMENTARY INFORMATION:

Background

On July 1, 1988, the Department of

Commerce (‘‘the Department’’) published in

the Federal Register (53 FR 24975) the final

results of its administrative review of the

antidumping duty order on color television

receivers from Korea (49 FR 18336, April 30,

1984). After publication of our final results,

we received comments from certain parties to

the proceeding alleging ministerial errors. We

have corrected the ministerial errors and

have amended the final results of review for

Daewoo.

Section 1333 of the Omnibus Trade and

Competitiveness Act of 1988, which amends

section 735 of the Tariff Act of 1930,

authorizes Commerce to establish procedures

for the correction of ministerial errors in final

determinations. Congress has defined the

term ‘‘ministerial error’’ to specifically

include errors in addition, subtraction, or

other arithmetic function, clerical errors

resulting from inaccurate copying,

duplication, or the like.

Ministerial Errors

We have corrected the following

ministerial errors:

Daewoo

1. Misidentification of data base resulting

in mismatch of several models in the

purchase price (PP) calculation.

2. Transposition of numbers in the figure

for the home market credit adjustment for the

period April 1985 through October 1985 in

the PP calculation.

3. Typographical errors in model

designations ‘‘DCB–419PW’’, ‘‘TCK–

405PRW’’; and ‘‘TCK–405Q’’ used to program

instructions in the PP calculation.

Goldstar

1. Transportation of numbers in the figure

for the packing adjustment for model CM–

1900 in the exporter’s sales price calculation.

Correction of this ministerial error did not

result in a change to the cash deposit rate.

Amended Final Results of the Review

We have amended the final results for

appraisement and for cash deposit purposes

listed in our final results of review. The

amended cash deposit rates are as follows:

Manufacturer/Exporter

Time period

Previous

(%)

cash

deposit

Amended

(%)

cash

deposit

Daewoo

Electronics

Co. .... 04/85–03/86 23.30 15.23

New

Shippers ... 04/85–03/86 23.29 15.23

The Department will amend its

instructions to Customs to assess

antidumping duties on all appropriate

entries, and will instruct Customs to adjust

the cash deposit of estimated antidumping

duties as noted above.

Dated: September 26, 1988.

Jan W. Mares,

Assistant Secretary for Import

Administration.

[FR Doc. 95–4319 Filed 2–23–95; 8:45 am]

BILLING CODE 3510–05–M

[Docket No. 950207043–5043–0]

RIN 0625–ZA03

Market Development Cooperator

Program

AGENCY: International Trade

Administration (ITA), Commerce.

ACTION: Notice.

SUMMARY: The mission of ITA is to

promote U.S. exports and to strengthen

the international trade position of the

United States. Building partnerships

with the private sector enhances ITA’s

ability to fulfill its mission. To

encourage such partnerships, ITA has

created the Market Development

Cooperator Program (MDCP) to develop,

maintain and expand markets for

nonagricultural goods and services

produced in the United States. The

MDCP aims to:

■ Challenge the private sector to

think strategically about foreign

markets;

■ Be the catalyst that spurs private

sector innovation and investment in

export marketing; and

■ Increase the number of American

companies taking decisive export

actions.

The advantage of a joint effort is that

it permits the Government to pool

expertise and funds with non-Federal

sources so that each maximizes its

market development resources.

Partnerships of this sort also may

provide a sharper focus on long-term

export market development than do

traditional trade promotion activities

and serve as a mechanism for improving

Government-industry relations.

While the Department of Commerce

sponsors, guides and partially funds the

MDCP with a matching requirement by

the recipient, the Department of

Commerce expects applicants to

develop, initiate and carry out market

development project activities. As an

active partner, ITA will provide

assistance identified by the applicant as

being essential to the achievement of

project goals and objectives. U.S.

industry is best able to assess its

problems and needs in the foreign

marketplace and to recommend

innovative solutions and programs that

can be the formula to success in

international trade.

Examples of activities that might be

included in an applicant’s project are

described below. No one of these

activities or any combination of these

activities must be included for a

proposal to receive favorable

consideration. The Department of

Commerce encourages applicants to

propose activities that (1) Would be

most appropriate to market

development needs of their industry or

industries; and (2) display the

imagination and innovation of the

applicant working in partnership with

the Government to obtain the maximum

market development impact.

A public meeting for parties

considering applying for funding under

the MDCP will be held on March 27,

1995. Attendance at this public meeting

is not required of potential applicants.

The purpose of the meeting is to provide

general information regarding the MDCP

procedures, selection process, and

proposal preparation to potential

applicants unfamiliar with the MDCP.

No discussion of specific proposals will

occur at this meeting.

DATES: The public meeting will be held

March 27, 1995. Completed applications

must be received no later than April 21,

1995. Competitive application kits will

be available from the Department of

Commerce starting February 24, 1995.

ADDRESSES: The public meeting will be

held at the Herbert Clark Hoover

Building, U.S. Department of

Commerce, 14th and Constitution

Avenue NW., Washington, DC. Contact

the information contact for room

location.

To obtain an application kit, please

send a written request with a self-
10354 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices

addressed mailing label to Mr. Greg

O’Connor, Manager, Market

Development Cooperator Program,

Trade Development/OPCRM, Room

3211, U.S. Department of Commerce,

Washington, DC 20230. Application kits

may also be picked up in Room 3211,

U.S. Department of Commerce, 14th and

Constitution Avenue NW., Washington,

DC 20230. The application kit contains

all forms necessary to participate in the

MDCP.

Please send completed applications to

the Office of Planning, Coordination and

Resource Management, Trade

Development, Room 3211, 14th &

Constitution Avenue, N.W.,

Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Mr.

Greg O’Connor, Manager, Market

Development Cooperator Program,

Trade Development, Room 3211,

Washington, D.C. 20230, (202) 482–

3197.

SUPPLEMENTARY INFORMATION:

Authority

The Omnibus Trade and Competitiveness

Act of 1988, Pub. L. No. 100–418, Title II,

sec. 2303, 102 Stat. 1342, 15 U.S.C. 4723.

Catalog of Federal Domestic Assistance

(CFDA)

No. 11.112, Market Development

Cooperator Program.

Program Description

The goal of the MDCP identified in

authorizing legislation is to develop,

maintain, and expand foreign markets

for nonagricultural goods and services

produced in the United States. For

purposes of this program,

‘‘nonagricultural goods and services’’

means goods and services other than

agricultural products as defined in 7

U.S.C. 451. ‘‘Produced in the United

States’’ means having substantial inputs

of materials and labor originating in the

United States, such inputs constituting

at least 50 percent of the value of the

good or service to be exported. The

intended beneficiaries of the program

are U.S. producers of nonagricultural

goods or services that seek to export

such goods or services.

MDCP funds should not be viewed as

a replacement for funding from other

sources, either public or private. An

important aspect of this program is to

increase the sum of Federal and nonFederal export market development

activities. This result can best be

achieved by using program funds to

encourage new initiatives. In addition to

new initiatives, expansion of the scope

of an existing project also may qualify

for funding consideration. The

Department of Commerce will consider

such projects as entirely new initiatives.

The Department of Commerce

encourages applicants to propose

activities that would be most

appropriate to the market development

needs of their industry or industries.

The following are examples of activities

which applicants might include in an

application (no one of these activities or

any combination of these activities must

be included for an application to receive

favorable consideration):

(1) Opening an overseas office or

offices to perform a variety of market

development services for companies

joining a consortium to avail themselves

of such services; such an office should

not duplicate the programs or services

of the U.S. and Foreign Commercial

Service (US&FCS) post(s) in the region;

(2) Detailing a private sector

individual to a US&FCS post in

accordance with 15 U.S.C. 4723(c);

(3) Entering into a contract with a

bona fide market research company to

conduct detailed, product-specific

market research;

(4) Assigning industry specialists to

work with Department of Commerce/

U.S. Executive Director Procurement

Liaison Offices at the Multilateral

Development Banks to seek out and

develop procurement opportunities;

(5) Underwriting the cost of overseas

market research or overseas trade

exhibitions and trade missions to

promote U.S. exports, or covering the

expenses of reverse trade missions and/

or foreign buyer group travel to U.S.

domestic trade shows;

(6) Overseas product demonstrations;

(7) Export seminars in the United

States or market penetration seminars in

the market(s) to be developed;

(8) Technical trade servicing that

helps overseas buyers to choose the

right U.S. good(s) or service(s) and to

use the good or service efficiently;

(9) Joint promotions with foreign

customers;

(10) Training of foreign nationals to

perform after-sales service or to act as

distributors;

(11) Working with organizations in

the foreign marketplace responsible for

setting standards and for product testing

to improve market access;

(12) Publishing an export resource

guide or an export product directory for

the industry or industries in question if

no comparable one exists; and

(13) Establishing an electronic

business information system to identify

trade leads and facilitate matches with

foreign partners.

Funding Availability

The total amount of funds available

for this program is $2.5 million for fiscal

year (FY) 95. The Department expects to

conclude a minimum of four (4)

cooperative agreements with eligible

entities for this program. Each

cooperative agreement will not exceed a

total of $500,000, regardless of the

duration of the award.

Special Program Set-Aside to

Encourage Diversity

On July 20, 1994, Secretary of

Commerce Ronald H. Brown issued his

policy on diversity. As part of this

policy, Secretary Brown directed that

‘‘diversity * * * be taken into

consideration in every aspect of the

business of Commerce—in training,

seminars, grant work, procurement,

technology and trade programs, travel

and trade missions, regulatory activities,

business liaison and in every program

area of the Department.’’

In the spirit of Secretary Brown’s

pronouncement, ITA will set aside

$250,000 of the funds available for the

MDCP to make awards of at least

$50,000, but less than $100,000. The

opportunity to compete for small

awards hopefully will encourage

organizations to apply that previously

felt themselves either at a competitive

disadvantage or unable to match a larger

MDCP grant. Many organizations that

represent a preponderance of companies

from traditionally disadvantaged or

under-served groups such as small

business, women-owned business,

African Americans, Asian Americans,

Hispanic Americans, Native Americans,

Gay and Lesbian Americans or

Physically Challenged Americans may

fall into this category. At least one, but

not more than five awards, will be made

from this program set-aside. Funds not

awarded from the program set-aside will

be channeled back into the regular

MDCP competition.

Eligible organizations that choose to

compete for funds in the program setaside will compete only against other

organizations selecting the set-aside

option. Organizations seeking smaller

awards need not meet diversity criteria

to compete for set-aside funds.

Conversely, organizations seeking

smaller awards that meet diversity

criteria can choose to compete in the

regular MDCP award competition

instead of for set-aside funds. Program

requirements and evaluation criteria

will be the same for applications

considered under the set-aside option as

they are for the regular MDCP award

competition.

Matching Requirements

Applicants will be expected to supply

two thirds (2/3) of total project costs,

with the Federal portion to be one third
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices 10355

(1/3). The Department of Commerce will

support only a portion of the direct

costs of each project. Each applicant

will support a portion of the direct costs

(to be specified in the application).

Generally, direct costs are those that are

specifically associated with an award,

and usually include expenses such as

personnel, fringe benefits, travel,

equipment, supplies and contractual

obligations relating directly to program

activity. Allowable costs will be

determined on the basis of the

applicable cost principles, i.e., OMB

Circulars A–21, A–87, and A–122; and

48 CFR Part 31. Applicants will support

all indirect costs.

A minimum of one half (1⁄2) of each

applicant’s support must be in the form

of new cash outlays expressly for the

project. The balance of the applicant’s

support may consist of in-kind

contributions (goods and services). In

the proposed budget, all in-kind

contributions to be used in meeting the

applicant’s share of costs should be

listed in a separate column from cash

contributions. A separate budget

narrative describing these in-kind

contributions should also be included

with the proposal. This information

should be in sufficient detail for a

determination to be made that the

requirements of OMB Circular A–110,

section 23 (a), and 15 CFR Part 24.24 (a)

and (b) are met.

Applicants may charge companies in

the industry or other industry

organizations reasonable fees to take

part in or avail themselves of services

provided as part of applicants’ projects.

Applicants should describe in detail

plans to charge fees.

Type of Funding Instrument

Since ITA will be substantially

involved in the implementation of each

project for which an award is made, the

funding instrument for this program

will be a cooperative agreement.

Eligibility Criteria

Trade associations, nonprofit industry

organizations, state trade departments

and their regional associations

including centers for international trade

development, and private industry firms

or groups of firms in cases where no

entity described above represents that

industry are eligible to apply for

cooperative agreements under this

program. For the purpose of this

program, a ‘‘nonprofit industry

organization’’ is defined as any

nonprofit organization (such as some

chambers of commerce and world trade

centers) made up of firms in an

industry, or which is established or

funded by and which operates on behalf

of an industry. For the purpose of this

program, a ‘‘trade association’’ is

defined as consisting of member firms

in the same industry, or in related

industries, or which share common

commercial concerns. The purpose of

the trade association is to further the

commercial interests of its members

through the exchange of information,

legislative activities, and the like.

Eligible entities may join together to

submit an application as a joint venture

and to share costs. For example, two

trade associations representing different

segments of a single industry or related

industries may pool their resources and

submit one application. Foreign

businesses and private groups also may

join with eligible U.S. organizations to

submit applications and to share the

costs of proposed projects. The

Department of Commerce will accept

applications from eligible entities

representing any industry, subsector of

an industry or related industries. Each

applicant must permit all companies in

the industry in question to participate,

on equal terms, in all activities that are

scheduled as part of a proposed project

whether or not the company is a

member or constituent of the eligible

organization.

Eligible entities desiring to participate

in this program must demonstrate the

ability to provide a competent,

experienced staff and other resources to

assure adequate development,

supervision and execution of the

proposed project activities. Applicants

must describe in detail all assistance

expected from the Department of

Commerce or other Federal Government

agencies to implement project activities

successfully. Each applicant must

provide a description of the

membership of the eligible entity, the

degree to which the entity represents

the industry or industries in question,

and the role, if any, foreign membership

plays in the affairs of the eligible entity.

Applicants should summarize both the

recent history of their industry or

industries’ competitiveness in the

international marketplace and the

export promotion history of the eligible

entity or entities submitting the

application.

Project proposals must be compatible

with U.S. trade and commercial policy.

Award Period

Funds may be expended over the

period of time required to complete the

scope of work, but not to exceed three

(3) years from the date of the award.

Indirect Costs

The total dollar amount of the indirect

costs proposed in an application under

this program must not exceed the

indirect cost rate negotiated and

approved by a cognizant Federal agency

prior to the proposed effective date of

the award or 100 percent of the total

proposed direct costs dollar amount in

the application, whichever is less.

Department of Commerce funds can not

be used to pay indirect costs.

Application Forms and Kit

Standard Forms 424 (Rev. 4–92),

424A (Rev. 4–92), and 424B (Rev. 4–92)

and other Department of Commerce

forms, which are required as part of the

application, are available from the

contact person indicated above.

Applicants must submit a signed

original and three (3) copies of the

application and supporting materials.

Project Funding Priorities

Applications may be targeted for any

market in the world. In ITA’s view,

projects in the following sectors and

countries present opportunities to

develop, maintain and expand overseas

markets and enhance jobs through U.S.

exports:

(a) Sectors: Environmental

technologies, transportation

technologies, energy technologies,

information technologies, health

technologies, and financial services; and

(b) Geographic Markets: Argentina,

Brazil, China, Hong Kong, India,

Indonesia, Korea (South), Mexico,

Poland, Russia and the Newly

Independent States of the former Soviet

Union, South Africa, Taiwan, and

Turkey.

Developing a project plan requires

solid background research. Applicants

should study, and applications should

reflect such study of, the following:

1. The market potential of the good(s)

or service(s) to be promoted in a

particular market(s),

2. The competition from host-country

and third-country suppliers, and

3. The economic situation and

prospects that bear upon the ability of

a country to import the good(s) or

service(s).

Applicants should present in their

applications an assessment of industry

resources that can be brought to bear on

developing a market; the industry’s

ability to meet potential market demand

expeditiously; and the industry’s aftersales service capability in a particular

foreign market(s).

After describing their completed basic

research, applicants should develop

marketing plans that set forth the overall

objectives of the projects and the

specific activities applicants will

undertake as part of these projects.

Applications should display the
10356 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices

imagination and innovation of the

private sector working in partnership

with the Government to obtain the

maximum market development impact.

Evaluation Criteria

The Department of Commerce is

interested in projects that demonstrate

the possibility of both significant results

during the project period and lasting

benefits extending beyond the project

period. To that end, consideration for

financial assistance under the MDCP

will be based upon the following

evaluation criteria:

(1) Projected:

(a) Increase in U.S. exports generated

(per dollar of cooperator program funds

spent) by the proposed expenditure of

funds; and

(b) Increase in the U.S. industry’s

foreign market share. Applicant should

provide quantifiable estimates of

projected project results, along with

detailed explanations, for (1)a and (1)b

above.

(2) Projected:

(a) Increase in the number of U.S.

companies operating in the market(s)

selected (multiplier effect); and/or

(b) Increase in the number of

companies currently in the market that

are undertaking new export initiatives.

Applicant should provide quantifiable

estimates of projected project results for

either (2)a or (2)b above, or for both

where proposed project increases are

anticipated.

(3) Export potential of the good(s)

and/or service(s) to be promoted.

(4) Size of the cash portion of the

applicant’s funding for the proposed

project and reasonableness of the

itemized budget for project activities.

(5) The institutional capacity of the

applicant to carry out the work plan and

the degree to which a proposal initiates

or enhances partnership with the

Department of Commerce.

(6) Creativity and innovation

displayed by the work plan while at the

same time being realistic.

(7) Willingness and ability of the

applicant to back up promotional

activities with aggressive marketing and

after-sales service and probability that

the project can be continued on a selfsustained basis after the completion of

the award.

(8) Intent and capability of the

applicant to enlist the participation of

small and medium size American

companies in consortia and activities

that are to be part of the proposed

project.

Evaluation criteria 1–4 are of utmost

importance in the selection process and

will be worth 70 out of a possible 100

points as follows:

Criterion #1—maximum 20 points

Criterion #2—maximum 20 points

Criterion #3—maximum 15 points

Criterion #4—maximum 15 points

The remaining evaluation criteria will

be valued as follows:

Criterion #5—maximum 10 points

Criterion #6—maximum 10 points

Criterion #7—maximum 5 points

Criterion #8—maximum 5 points

Selection Procedures

Each application will receive an

independent, objective review by a

panel qualified to evaluate the

applications submitted under the

program. The Review Panel, consisting

of at least three people, will review all

applications based on the criteria stated

above. The Review Panel will identify

and rank the top ten proposals in the

regular MDCP competition and the top

seven proposals submitted under the

set-aside option and make

recommendations to the Assistant

Secretary for Trade Development

concerning which of the proposals

should receive awards. The Assistant

Secretary for Trade Development will

make the final selection regarding the

funding of applications from the group

of ten in the regular competition and the

group of seven under the set-aside

option identified by the Review Panel.

In making his decision, the Assistant

Secretary for Trade Development will

consider the following:

1. The evaluations of the individual

reviewers of the Senior Officer Panel;

2. The degree to which applications

satisfy the MDCP’s goals and objectives;

3. The geographic distribution of the

proposed awards;

4. The diversity of industry sectors

covered by the proposed grant awards;

5. The diversity of project activities

represented by the proposed awards;

6. The promotion of equitable access

to MDCP funding for traditionally

disadvantaged or under-served groups;

7. Avoidance of redundancy and

conflicts with the initiatives of other

Federal agencies; and

8. The availability of funds.

Performance Measures

On August 3, 1993, the Government

Performance and Results Act (GPRA)

was enacted into law (Public Law 103–

62). Section 4 of the GPRA requires each

agency to submit to the Office of

Management and Budget (OMB),

beginning with FY 99, a strategic plan

for program activities. Among other

things, each plan is to include

‘‘performance indicators to be used in

measuring or assessing the relevant

outputs, service levels and outcomes of

each program activity.’’

OMB has decided not to wait to begin

development of the new performance

indicators called for in GPRA. As part

of the process of preparing the

President’s FY 1996 budget, OMB has

asked agencies to submit prospective

GPRA-type performance indicators they

intend to use in future years.

Accordingly, current MDCP

participants have been asked to identify

new GPRA-type performance indicators

as part of their FY 1995 operating plans.

These indicators will include not only

program inputs and outputs, but also

measures that may be applied to

determine outcomes (what happens as a

direct result of an output being created)

or final impacts (the effect of an

outcome).

Applicants for this year’s MDCP

competition should describe in their

proposals performance indicators of the

type envisioned by GPRA that they

intend to use to measure the results of

their MDCP projects. Applicants should

consult the MDCP application kit for

more information, key terms and

definitions used in developing

performance indicators under GPRA.

Other Requirements

(1) Federal Policies and Procedures—

Recipients and subrecipients are subject

to all Federal laws and Federal and

Department of Commerce policies,

regulations, and procedures applicable

to Federal financial assistance awards.

(2) Past Performance—Unsatisfactory

performance under prior Federal awards

may result in an application not being

considered for funding.

(3) Preaward Activities—If applicants

incur any costs prior to an award being

made, they do so solely at their own risk

of not being reimbursed by the

Government. Notwithstanding any

verbal or written assurance that they

may have received, there is no

obligation on the part of the Department

of Commerce to cover preaward costs.

(4) No Obligation for Future

Funding—If an application is selected

for funding, the Department of

Commerce has no obligation to provide

any additional future funding in

connection with that award. Renewal of

an award to increase funding or extend

the period of performance is at the total

discretion of the Department of

Commerce.

(5) Delinquent Federal Debts—No

award of Federal funds shall be made to

an applicant who has an outstanding

delinquent Federal debt until either:

i. The delinquent account is paid in

full,

ii. A negotiated repayment schedule is

established and at least one payment is

received, or
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices 10357

iii. Other arrangements satisfactory to

the Department of Commerce are made.

6. Name Check Review. All non-profit

and for-profit applicants are subject to a

name check review process. Name

checks are intended to reveal if any key

individuals associated with the

applicant have been convicted of or are

presently facing criminal charges such

as fraud, theft, perjury, or other matters

which significantly reflect on the

applicant’s management honesty or

financial integrity.

7. Primary Applicant Certifications.

All primary applicants must submit a

completed Form CD–511,

‘‘Certifications Regarding Debarment,

Suspension and Other Responsibility

Matters; Drug Free Workplace

Requirements and Lobbying,’’ and the

following explanations are hereby

provided:

i. Nonprocurement Debarment and

Suspension. Prospective participants (as

defined at 15 CFR part 26, section 105)

are subject to 15 CFR part 26,

‘‘Nonprocurement Debarment and

Suspension’’ and the related section of

the certification form prescribed above

applies;

ii. Drug-Free Workplace. Grantees (as

defined at 15 CFR part 26, section 605)

are subject to 15 CFR part 26, subpart

F, ‘‘Governmentwide Requirements for

Drug-Free Workplace (Grants)’’ and the

related section of the certification form

prescribed above applies;

iii. Anti-Lobbying. Persons (as defined

at 15 CFR part 28, section 105) are

subject to the lobbying provisions of 31

U.S.C. 1352, ‘‘Limitations on use of

appropriated funds to influence certain

Federal contracting and financial

transactions,’’ and the lobbying section

of the certification form prescribed

above applies to applications/bids for

grants, cooperative agreements, and

contracts for more than $100,000, and

loans and loan guarantees for more than

$150,000, or the single family maximum

mortgage limit for affected programs,

whichever is greater; and

iv. Anti-Lobbying Disclosures. Any

applicant that has paid or will pay for

lobbying using any funds must submit

an SF-LLL, ‘‘Disclosure of Lobbying

Activities,’’ as required under 15 CFR

part 28, Appendix B.

8. Lower Tier Certifications.

Recipients shall require applicants/

bidders for subgrants, contracts,

subcontracts, or other lower tier covered

transactions at any tier under the award

to submit, if applicable, a completed

Form CD–512, ‘‘Certifications Regarding

Debarment, Suspension, Ineligibility

and Voluntary Exclusion-Lower Tier

Covered Transactions and Lobbying’’

and disclosure form, SF-LLL,

‘‘Disclosure of Lobbying Activities.’’

Form CD–512 is intended for the use of

recipients and should not be transmitted

to the Department of Commerce. SF-LLL

submitted by any tier recipient or

subrecipient should be submitted to the

Department of Commerce in accordance

with the instructions contained in the

award document.

9. False Statements. A false statement

on an application is grounds for denial

or termination of funds and grounds for

possible punishment by a fine or

imprisonment as provided in 18 U.S.C.

1001.

10. Intergovernmental Review—

Applications under this program are not

subject to Executive Order 12372,

‘‘Intergovernmental Review of Federal

Programs.’’

11. Requirement to Buy AmericanMade Equipment or Products—

Applicants are hereby notified that they

will be encouraged, to the greatest

extent practicable, to purchase

American-made equipment and

products with funding provided under

this program in accordance with

Congressional intent as set forth in the

resolution contained in Public Law 103–

317, Sections 607 (a) and (b). Adequate

justifications will be required for any

proposed purchases of equipment or

products that are not American-made.

Classification

This notice has been determined to be

not significant for purposes of Executive

Order 12866. The standard forms

reference in this notice are cleared

under OMB Control No. 0348–0043,

0348–0044, 0348–0040, and 0348–0046

pursuant to the Paperwork Reduction

Act.

Dated: February 21, 1995.

Jerome S. Morse,

Director, Resource Management and Planning

Staff, Trade Development.

[FR Doc. 95–4584 Filed 2–23–95; 8:45 am]

BILLING CODE 3510–DR-P

North American Free-Trade Agreement

(NAFTA), Article 1904 Binational Panel

Reviews; Request for Panel Review

AGENCY: NAFTA Secretariat, United

States Section, International Trade

Administration, Department of

Commerce.

ACTION: Notice of first request for panel

review.

SUMMARY: On February 15, 1995

Northwest Horticultural Council filed a

First Request for Panel Review with the

Canadian Section of the NAFTA

Secretariat pursuant to Article 1904 of

the North American Free Trade

Agreement. Panel review was requested

of the final antidumping determination

made by the Deputy Minister of

National Revenue, Customs & Excise

respecting Fresh, Whole, Delicious, Red

Delicious and Golden Delicious Apples

Originating in or Exported from the

United States of America. This

determination was published in the

Canada Gazette on January 21, 1995

(Vol. 129, No. 3, p. 132). The NAFTA

Secretariat has assigned Case Number

CDA–95–1904–02 to this request.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States

Secretary, NAFTA Secretariat, Suite

2061, 14th and Constitution Avenue,

Washington, D.C. 20230, (202) 482–

5438.

SUPPLEMENTARY INFORMATION: Chapter

19 of the North American Free-Trade

Agreement (‘‘Agreement’’) establishes a

mechanism to replace domestic judicial

review of final determinations in

antidumping and countervailing duty

cases involving imports from a NAFTA

country with review by independent

binational panels. When a Request for

Panel Review is filed, a panel is

established to act in place of national

courts to review expeditiously the final

determination to determine whether it

conforms with the antidumping or

countervailing duty law of the country

that made the determination.

Under Article 1904 of the Agreement,

which came into force on January 1,

1994, the Government of the United

States, the Government of Canada and

the Government of Mexico established

Rules of Procedure for Article 1904

Binational Panel Reviews (‘‘Rules’’).

These Rules were published in the

Federal Register on February 23, 1994

(59 FR 8686).

A first Request for Panel Review was

filed with the Canadian Section of the

NAFTA Secretariat, pursuant to Article

1904 of the Agreement, on February 15,

1995, requesting panel review of the

final antidumping duty determination

described above.

The Rules provide that:

(a) A Party or interested person may

challenge the final determination in

whole or in part by filing a Complaint

in accordance with Rule 39 within 30

days after the filing of the first Request

for Panel Review (the deadline for filing

a Complaint is March 17, 1995);

(b) A Party, investigating authority or

interested person that does not file a

Complaint but that intends to appear in

support of any reviewable portion of the

final determination may participate in

the panel review by filing a Notice of

Appearance in accordance with Rule 40

within 45 days after the filing of the first