2080 Federal Register / Vol. 60, No. 4 / Friday, January 6, 1995 / Notices

exclusion, therefore, applies only to

subject merchandise sold by the

exporter and manufactured by that

specific producer, or producers.

Merchandise that is sold by the exporter

but manufactured by other producers

will be subject to the order on CDIW.

This is also consistent with Jia Farn

(See, Jia Farn Manufacturing Co., Ltd. v.

United States, Slip Op. 93–42 (March

26, 1993)), which held that exclusion of

merchandise manufactured and sold by

respondent did not cover merchandise

sold but not manufactured by

respondent. Therefore, merchandise that

is sold by CMP but produced by

someone other than Bin He Foundry or

Song Zhuang Foundry is subject to

suspension of liquidation at the ‘‘all

others’’ cash deposit rate. In addition, if

the Department has reasonable cause to

believe or suspect at any time during the

existence of the antidumping duty order

that CMP has sold or is likely to sell the

subject merchandise to the United

States at less than its foreign market

value, the Department may institute an

administrative review of CMP under

section 751(b) of the Tariff Act of 1930,

as amended.

On November 25, 1994, the CIT

ordered that plaintiffs’ consent motion

for injunction against liquidation, which

was consented to by the Department and

defendant-intervenor, be granted.

Therefore, the effective date of CMP’s

exclusion from the order is retroactive

to February 18, 1993, the publication

date of the Preliminary Determination of

Sales at Less Than Fair Value: Certain

Compact Ductile Iron Waterworks

Fittings and Accessories Thereof from

the People’s Republic of China (58 FR

8930), and the date we began

suspension of liquidation for entries of

the subject merchandise from the

People’s Republic of China.

Termination of Administrative Review

Since publication of the duty order,

the Department has initiated, pursuant

to section 751 of the Act, the first

administrative review of the

antidumping duty order. That review is

examining exports of subject

merchandise during the review period

by CMP (as well as other exporters).

(See Notice of Initiation of

Administrative Review, 59 FR 51939

(October 13, 1994)). Because we are

retroactively excluding CMP, as an

exporter of subject merchandise

produced by Bin He Foundry and Song

Zhuang Foundry, from the application

of this antidumping duty order, we are

also hereby terminating the

administrative review with regard to

imports by CMP, which are produced by

Bin He Foundry and Song Zhuang

Foundry.

Termination of Suspension of

Liquidation

Pursuant to section 516(e)(2) of the

Act, the Department will instruct the

U.S. Customs Service to terminate the

suspension of liquidation of subject

merchandise produced by Bin He

Foundry and Song Zhuang Foundry and

exported by CMP, which is entered, or

withdrawn from warehouse, for

consumption on or after February 18,

1993, and to proceed with liquidation of

such entries without regard to

antidumping duties. Additionally, the

Department will instruct U.S. Customs

Service to release any bond or other

security with respect to entries of the

subject merchandise, pursuant to

section 735(c)(3)(B) of the Act.

Dated: December 29, 1994.

Barbara R. Stafford,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 95–349 Filed 1–5–95; 8:45 am]

BILLING CODE 3510–DS–P

[A–570–836]

Notice of Preliminary Affirmative

Determination of Critical

Circumstances: Glycine From the

People’s Republic of China

AGENCY: International Trade

Administration, Import Administration,

Department of Commerce.

EFFECTIVE DATES: January 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Susan Strumbel, Office of

Countervailing Investigations, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230;

telephone (202) 482–1442.

Preliminary Critical Circumstances

Determination

The Department of Commerce (‘‘the

Department’’) published its preliminary

determination of sales at less than fair

value in this investigation on November

16, 1994 (59 FR 59211). On December 1,

1994, petitioners alleged that there is a

reasonable basis to believe or suspect

that critical circumstances exist with

respect to imports of the subject

merchandise.

In accordance with 19 CFR

353.16(b)(2)(ii), when a critical

circumstances allegation is filed later

than 20 days before the scheduled date

of the preliminary determination (as

was done in this case), we must issue

our preliminary determination not later

than 30 days after the allegation is

submitted.

Section 733(e)(1) of the Tariff Act of

1930 Act of 1930 (‘‘the Act’’) provides

that the Department will determine that

critical circumstances exist if:

(A)(i) there is a history of dumping in

the United States or elsewhere of the

class or kind of merchandise which is

the subject of the investigation, or

(ii) the person by whom, or for whose

account, the merchandise was imported

knew or should have known that the

exporter was selling the merchandise

which is the subject of the investigation

at less than its fair value, and

(B) there have been massive imports

of the class or kind of merchandise

which is the subject of the investigation

over a relatively short period.

History of Dumping

Petitioners in this investigation have

not provided information indicating that

there are outstanding third country

antidumping duty orders on glycine

from the People’s Republic of China

(‘‘PRC’’). Additionally, the Department

has been unable to determine from its

sources whether or not there are third

country antidumping duty orders on

glycine from the PRC.

Importer Knowledge

With respect to the alternative first

criterion, we have consistently

determined that preliminary

antidumping duty margins in excess of

25 percent on U.S. purchase price sales

are sufficient to impute importer

knowledge of sales at less than fair

value. See, Final Determination of Sales

at Less Than Fair Value: Silicon Metal

from China (56 FR 18570, April 23,

1991) and Final Determination of Sales

at Less Than Fair Value: Extruded

Rubber Thread from Malaysia (57 FR

38465, August 25, 1992). In this

investigation, the rate for all companies,

based on best information available

(‘‘BIA’’), was in excess of 25 percent.

Therefore, we determine that importers

either knew or should have known that

exporters were selling glycine at less

than fair value.

Massive Imports

Because we have preliminarily

determined that the first statutory

criterion is met for finding critical

circumstances (i.e., importer knowledge

of sales at less than fair value), we must

consider the second statutory criterion:

whether imports of the merchandise

have been massive over a relatively

short period.

Because the potential respondents

have impeded the Department’s critical

circumstances analysis by refusing to
Federal Register / Vol. 60, No. 4 / Friday, January 6, 1995 / Notices 2081

participate in this investigation, we

determine, as BIA, that imports have

been massive over a short period.

Therefore, we preliminarily determine

that critical circumstances exist.

Final Critical Circumstances

Determination

We will make a final determination

concerning critical circumstances when

we make our final determination of

sales at less than fair value in this

investigation.

Suspension of Liquidation

In accordance with section 733(d)(1)

and 733(e)(2) of the Act, we are

directing the Customs Service to

suspend liquidation of all entries of

glycine from the PRC, as defined in the

‘‘Scope of the Investigation’’ section of

this notice, that are entered, or

withdrawn from warehouse, for

consumption on or after August 18,

1994, which is 90 days prior to the date

of publication of our affirmative

preliminary determination in the

Federal Register. This suspension of

liquidation will remain in effect until

further notice.

ITC Notification

In accordance with section 733(f) of

the Act, we have notified the ITC of our

determination.

Public Comment

Written comments regarding this

preliminary determination on critical

circumstances should be incorporated

into the case and rebuttal briefs which

are due on January 5 and January 7,

1995, respectively. Parties wishing to

comment on this determination, but

who are unable to do so in the context

of the case and rebuttal briefs noted

above, should submit comments no later

than January 13, 1995.

This determination is published

pursuant to section 733(f) of the Act.

Dated: December 30, 1994.

Barbara R. Stafford,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 95–350 Filed 1–5–95; 8:45 am]

BILLING CODE 3510–DS–P

COMMITTEE FOR THE

IMPLEMENTATION OF TEXTILE

AGREEMENTS

Request for Public Comments on

Bilateral Textile Consultations with the

Government of Thailand on Certain

Cotton and Man-Made Fiber Textiles

and Textile Products

December 30, 1994.

AGENCY: Committee for the

Implementation of Textile Agreements

(CITA).

ACTION: Notice.

FOR FURTHER INFORMATION CONTACT: Ross

Arnold, International Trade Specialist,

Office of Textiles and Apparel, U.S.

Department of Commerce, (202) 482–

4212. For information on categories on

which consultations have been

requested, call (202) 482–3740.

SUPPLEMENTARY INFORMATION:

Authority: Executive Order 11651 of March

3, 1972, as amended; section 204 of the

Agricultural Act of 1956, as amended (7

U.S.C. 1854).

On November 28, 1994, under the

terms of the Bilateral Textile Agreement

of September 3, 1991, as amended and

extended, between the Governments of

the United States and Thailand, the

United States Government requested

consultations with the Government of

Thailand with respect to Categories 352/

652 (underwear), Category 603 (staple

fiber yarn) and Category 670–L

(luggage).

The purpose of this notice is to advise

the public the request to consult was

based on year ending August 1994 trade

of 1,505,169 dozen for Categories 352/

652; 792,415 kilograms for Category 603;

and 19,929,610 kilograms for Category

670–L.

Summary market statements

concerning Categories 352/652, 603 and

670–L follow this notice.

Anyone wishing to comment or

provide data or information regarding

the treatment of Categories 352/652, 603

and 670–L, under the agreement with

the Government of Thailand, or to

comment on domestic production or

availability of products included in the

categories, is invited to submit 10 copies

of such comments or information to Rita

D. Hayes, Chairman, Committee for the

Implementation of Textile Agreements,

U.S. Department of Commerce,

Washington, DC 20230; ATTN: Helen L.

LeGrande. The comments received will

be considered in the context of the

consultations with the Government of

Thailand.

Because the exact timing of the

consultations is not yet certain,

comments should be submitted

promptly. Comments or information

submitted in response to this notice will

be available for public inspection in the

Office of Textiles and Apparel, room

H3100, U.S. Department of Commerce,

14th and Constitution Avenue, NW.,

Washington, DC.

Further comments may be invited

regarding particular comments or

information received from the public

which the Committee for the

Implementation of Textile Agreements

considers appropriate for further

consideration.

The solicitation of comments

regarding any aspect of the bilateral

textile agreement or any other

appropriate agreement between the

Governments of the United States and

Thailand or the implementation thereof

is not a waiver in any respect of the

exemption contained in 5 U.S.C.

553(a)(1) relating to matters which

constitute ‘‘a foreign affairs function of

the United States.’’

The United States remains committed

to finding a solution concerning

Categories 352/652, 603 and 670–L.

Should such a solution be reached in

consultations with the Government of

Thailand, further notice will be

published in the Federal Register.

A description of the textile and

apparel categories in terms of HTS

numbers is available in the

CORRELATION: Textile and Apparel

Categories with the Harmonized Tariff

Schedule of the United States (see

Federal Register notice 58 FR 62645,

published on November 29, 1993).

Rita D. Hayes,

Chairman, Committee for the Implementation

of Textile Agreements.

Market Statement—Thailand

Category 352/652—Cotton and Manmade

Fiber Underwear

October 1994

Import Situation and Conclusion

U.S. imports of cotton and manmade

fiber underwear, Category 352/652, from

Thailand reached 1,505,169 dozen for

the year ending August 1994, 27 percent

above the 1,183,686 dozen imported in

the year ending August 1993. During the

first eight months of 1994, imports from

Thailand were 989,385 dozen, 23

percent above their January-August

1993 level.

The sharp and substantial increase in

Category 352/652 imports from

Thailand is causing a real risk of

disruption in the U.S. market for cotton

and manmade fiber underwear.

U.S. Production, Import Penetration, and

Market Share

U.S. production of cotton and

manmade fiber underwear, Category