Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Notices 10573

DOC Position

We agree with respondent that this

program is not countervailable because

it provides a non-excessive rebate of the

levies on imported inputs that are used

in the production of subsequently

exported finished products. We

confirmed at the Israeli Customs

Department that its personnel monitor

company reports regarding which

imports are physically incorporated into

the end product and the total amount of

levies paid on such inputs. We also note

that a rebate is only given on physically

incorporated inputs. Consequently,

waste is not an issue here. For this

reason, we do not find anything in the

remarks of the Customs official at

verification that is inconsistent with our

finding here, or in OCTG.

Comment 5: With respect to the Fund

for the Promotion of Marketing Abroad,

Carmiel states that the record is clear

that it received funds for this program

in 1992 (which is outside the POI), and

that the company must refund the

money to the government since it did

not fulfill its obligations under the

program. Accordingly, Carmiel

maintains the money it received does

not constitute a countervailable subsidy

during the POI.

DOC Position

We confirmed at verification that the

company is obligated to repay the

benefit, has not yet done so. Therefore,

during the POI, Carmiel had use of

money to which it would not have

otherwise had access. Consequently, we

have found that this amount constituted

a countervailable interest-free loan

during the POI.

Comment 6: Petitioner notes that

according to the verification report,

Carmiel receives ‘‘certain advantages’’ if

90 percent of its sales represent its own

production. The exact nature of these

advantages is not, unfortunately, further

explained in the verification report.

However, the fact that these otherwise

undefined advantages are only available

to a specific class of sellers in Israel

demonstrates that the ‘‘advantages’’ are

not generally available within the

country.

Respondent argues that, as outlined in

the verification report, producing

companies in Israel are eligible for

certain benefits while trading

companies are not. Hence, in order to

preserve its status as a producing

company, Carmiel formed a trading

company. There are, however, no

additional subsidies available to

production companies other than the

ones already investigated in this case.

DOC Position

We agree with respondent. We found

no evidence at verification to suggest

that Carmiel received any additional

benefits than those already noted above.

The company explained that it formed

a trading company in order to preserve

its ‘‘producing company status.’’

Consequently, we find no reason to

pursue this issue any further.

Verification

In accordance with section 776(b) of

the Act, we verified the information

used in making our final determination.

We followed standard verification

procedures, including meeting with

government and company officials, and

examination of relevant accounting

records and original source documents.

Our verification results are outlined in

detail in the public versions of the

verification reports, which are on file in

the Central Records Unit (Room B–099

of the Main Commerce Building).

Suspension of Liquidation

In accordance with our affirmative

preliminary determination, we

instructed the U.S. Customs Service to

suspend liquidation of all entries of

carbon steel butt-weld pipe fittings from

Israel, which were entered or

withdrawn from warehouse for

consumption, on or after June 1, 1994,

the date our preliminary determination

was published in the Federal Register.

This final countervailing duty

determination was aligned with the

final antidumping duty determination of

certain carbon steel butt-weld pipe

fittings from Israel, pursuant to section

705(a)(1) of the Act.

Under Article 5, paragraph 3 of the

GATT Subsidies Code, provisional

measures cannot be imposed for more

than 120 days without final affirmative

determinations of subsidization and

injury. Therefore, we instructed the U.S.

Customs Service to discontinue

suspension of liquidation on the subject

merchandise beginning September 30,

1994, but to continue suspension of

liquidation of all entries, or withdrawals

from warehouse, for consumption of the

subject merchandise entered from June

1 through September 29, 1994. We will

reinstate suspension of liquidation

under section 703(d) of the Act, if the

ITC issues a final affirmative injury

determination, and will require a cash

deposit of estimated countervailing

duties for such entries of merchandise

in the amount indicated below.

Certain Carbon Steel Butt-Weld Pipe Fittings

Country-Wide Ad Valorem Rate: 4.93 percent

ITC Notification

In accordance with section 705(c) of

the Act, we will notify the ITC of our

determination. In addition, we are

making available to the ITC all

nonprivileged and nonproprietary

information relating to this

investigation. We will allow the ITC

access to all privileged and business

proprietary information in our files,

provided the ITC confirms that it will

not disclose such information, either

publicly or under administrative

protective order, without the written

consent of the Deputy Assistant

Secretary for Investigations, Import

Administration.

If the ITC determines that material

injury, or threat of material injury, does

not exist, these proceedings will be

terminated and all estimated duties

deposited or securities posted as a result

of the suspension of liquidation will be

refunded or canceled. If, however, the

ITC determines that such injury does

exist, we will issue a countervailing

duty order directing Customs officers to

assess countervailing duties on carbon

steel butt-weld pipe fittings from Israel.

Return or Destruction of Proprietary

Information

This notice serves as the only

reminder to parties subject to

Administrative Protective Order (APO)

of their responsibility concerning the

return or destruction of proprietary

information disclosed under APO in

accordance with 19 CFR 355.34(d).

Failure to comply is a violation of the

APO.

This determination is published pursuant

to section 705(d) of the Act and 19 CFR

355.20(a)(4).

Dated: February 16, 1995.

Barbara R. Stafford,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 95–4718 Filed 2–24–95; 8:45 am]

BILLING CODE 3510–DS–M

United States-Canada Free-Trade

Agreement, Article 1904 Binational

Panel Reviews; Notice of Decision of

Panel

AGENCY: North American Free-Trade

Agreement (NAFTA) Secretariat, United

States Section, International Trade

Administration, Department of

Commerce.

ACTION: Notice of Decision of Binational

Panel.

SUMMARY: By a decision dated February

13, 1995, the Binational Panel reviewing

the final affirmative injury

determination made by the Canadian
10574 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Notices

International Trade Tribunal (CITT)

respecting Certain Solder Joint Pressure

Pipe Fittings and Solder Joint Drainage,

Waste and Vent Pipe Fittings, made of

Cast Copper Alloy, Wrought Copper

Alloy or Wrought Copper, Originating in

or Exported from the United States of

America (Secretariat File No. CDA–93–

1904–11) affirmed the determination of

the CITT. A copy of the complete panel

decision is available from the NAFTA

Secretariat.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States

Secretary, NAFTA Secretariat, Suite

2061, 14th and Constitution Avenue,

Washington, DC 20230, (202) 482–5438.

SUPPLEMENTARY INFORMATION: Chapter

19 of the United States-Canada FreeTrade Agreement (‘‘Agreement’’)

establishes a mechanism to replace

domestic judicial review of final

determinations in antidumping and

countervailing duty cases involving

imports from the other 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,

1989, the Government of the United

States and the Government of Canada

established Rules of Procedure for

Article 1904 Binational Panel Reviews

(‘‘Rules’’). The Rules were published in

the Federal Register on December 30,

1988 (53 FR 53212). The Rules were

amended by Amendments to the Rules

of Procedures for Article 1904

Binational Panel Reviews, published in

the Federal Register on December 27,

1989 (54 FR 53165). A consolidated

version of the amended Rules was

published in the Federal Register on

June 15, 1992 (57 FR 26698). The Rules

were further amended and published in

the Federal Register on February 8,

1994 (59 FR 5892). The panel review in

this matter was conducted in

accordance with the Rules, as amended.

PANEL DECISION: In the February 13, 1995

decision, the Binational Panel affirmed

the investigating authority’s

determination respecting Certain Solder

Joint Pressure Pipe Fittings and Solder

Joint Drainage, Waste and Vent Pipe

Fittings, made of Cast Copper Alloy,

Wrought Copper Alloy or Wrought

Copper, Originating in or Exported from

the United States of America made by

the Canadian International Trade

Tribunal.

A Notice of Final Panel Action will be

issued on the eleventh (11) day

following the issuance of the decision

(February 24, 1995).

Dated: February 21, 1995.

James R. Holbein,

United States Secretary, NAFTA Secretariat.

[FR Doc. 95–4751 Filed 2–24–95; 8:45 am]

BILLING CODE 3510–GT–M

Minority Business Development

Agency

Business Development Center

Applications: Alaska

AGENCY: Minority Business

Development Agency.

ACTION: Correction.

SUMMARY: On page 8636 in the issue

dated Wednesday, February 15, 1995,

third column, first paragraph, the award

number is corrected to read, ‘‘10–10–

95005–01’’.

FOR FURTHER INFORMATION, CONTACT:

Steven Saho at (415) 744–3001.

11.800 Minority Business Development

Center

(Catalog of Federal Domestic Assistance)

Dated: February 22, 1995

Frances B. Douglas,

Alternate Federal Register Liaison Officer,

Minority Business Development Agency.

[FR Doc. 95–4729 Filed 2–4–95; 8:45 am]

BILLING CODE 3510–21–P

Business Development Center

Applications: Portland, Oregon

AGENCY: Minority Business

Development Agency, Commerce.

ACTION: Correction.

SUMMARY: On page 8633 in the issue

dated Wednesday, February 15, 1995,

third column, second paragraph, the

award number is corrected to read, ‘‘10–

10–95013–01’’.

FOR FURTHER INFORMATION, CONTACT:

Steven Saho at (415) 744–3001.

11.800 Minority Business Development

Center

(Catalog of Federal Domestic Assistance)

Dated: February 22, 1995.

Frances B. Douglas,

Alternate Federal Register Liaison Officer,

Minority Business Development Agency.

[FR Doc. 95–4833 Filed 2–24–95; 8:45 am]

BILLING CODE 3510–21–P

Business Development Center

Applications: Seattle, WA

AGENCY: Minority Business

Development Agency.

ACTION: Correction.

SUMMARY: On page 8641 in the issue

dated Wednesday, February 15, 1995,

second column, second paragraph, the

award number is corrected to read, ‘‘10–

10–95014–01’’.

FOR FURTHER INFORMATION, CONTACT:

Steven Saho at (415) 744–3001.

11.800 Minority Business Development

Center

(Catalog of Federal Domestic Assistance)

Dated: February 22, 1995

Frances B. Douglas,

Alternate Federal Register Liaison Officer,

Minority Business Development Agency.

[FR Doc. 95–4832 Filed 2–24–95; 8:45 am]

BILLING CODE 3510–21–P

National Oceanic and Atmospheric

Administration

[Docket No. 950210047–5047–01; I.D.

011195B]

RIN 0648–XX08

Atlantic Monkfish Fishery; Control

Date

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of control date for entry

into the Atlantic monkfish fishery.

SUMMARY: This notice announces that

anyone entering the Atlantic monkfish

fishery after February 27, 1995 (control

date), will not be assured of future

access to the Atlantic monkfish resource

in Federal waters if a management

regime is developed and implemented

under the Magnuson Fishery

Conservation and Management Act

(Magnuson Act) that limits the number

of participants in the fishery. This

announcement is intended to promote

awareness of potential eligibility criteria

for future access to the Atlantic

monkfish resource and to discourage

new entries into this fishery based on

economic speculation, while the New

England and Mid-Atlantic Fishery

Management Councils (Councils)

contemplate whether and how access to

the Atlantic monkfish fishery should be

controlled. The potential eligibility

criteria may be based on historical

participation, defined as any number of

trips having any documented amount of

monkfish landings. This announcement,

therefore, gives the public notice that

they should locate and preserve records

that substantiate and verify their

participation in the monkfish fishery.

EFFECTIVE DATE: February 27, 1995.