16116 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–836]

Antidumping Duty Order: Glycine From

the People’s Republic of China

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: March 29, 1995.

FOR FURTHER INFORMATION CONTACT: Sue

Strumbel or Kristie Strecker, 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 or (202) 482–

3174, respectively.

Scope of Order

The product covered by this

proceeding is glycine which is a freeflowing crystalline material, like salt or

sugar. Glycine is produced at varying

levels of purity and is used as a

sweetener/taste enhancer, a buffering

agent, reabsorbable amino acid,

chemical intermediate, and a metal

complexing agent. Glycine is currently

classified under subheading

2922.49.4020 of the Harmonized Tariff

Schedule of the United States (HTSUS).

This proceeding includes glycine of all

purity levels.

Although the HTSUS subheadings are

provided for convenience and customs

purposes, our written description of the

scope of this investigation is dispositive.

Antidumping Duty Order

In accordance with section 735(a) of

the Tariff Act of 1930, as amended (‘‘the

Act’’), on January 23, 1995, the

Department of Commerce (‘‘the

Department’’) made its final

determination that glycine from the

People’s Republic of China (‘‘PRC’’) is

being sold at less than fair value (60 FR

5620, January 23, 1995). On March 14,

1995, the U.S. International Trade

Commission (‘‘ITC’’) notified the

Department of its final determination,

pursuant to section 735(b)(1)(A)(ii) of

the Act, that an industry in the United

States is threatened with material injury

by reason of imports of the subject

merchandise. Additionally, pursuant to

section 735(b)(4)(B) of the Act (19 U.S.C.

1673d(b)(4)(B)), the ITC examined

whether material injury would have

been found ‘‘but for’’ the suspension of

liquidation of the merchandise. Of the

votes in the ITC’s final determination

(Publication 2863), three constitute an

affirmative ‘‘but for’’ finding, and two

constitute a negative ‘‘but for’’ finding.

MBL (USA) Corp. v. the United States,

787 F.Supp. 202 (CIT 1992). One

Commissioner stated that the ‘‘but for’’

finding was moot because there are no

imports that could be affected by a ‘‘but

for’’ determination. Based on the three

affirmative votes, we have determined

that the ITC made an affirmative ‘‘but

for’’ finding. Even if the non-voting

commissioner voted negative on ‘‘but

for’’, we would consider the ‘‘but for’’

vote affirmative, in accordance with the

tie vote rule. 19 US.C 1677 (11).

When the ITC finds threat of material

injury, and there is an affirmative ‘‘but

for’’ finding, the ‘‘General Rule’’

provision of section 736(b)(1) of the Act

applies. Therefore, in accordance with

section 736 of the Act, the Department

will direct United States Customs

officers to assess, upon further advice by

the administering authority pursuant to

section 736(a)(1) of the Act,

antidumping duties equal to the amount

by which the foreign market value of the

merchandise exceeds the United States

price for all entries of glycine from the

PRC. According to the ‘‘General Rule’’

these antidumping duties will be

assessed on all unliquidated entries of

glycine from the PRC entered or

withdrawn from warehouse, for

consumption, on or after November 16,

1994, the date on which the Department

published its preliminary determination

notice in the Federal Register (59 FR

59211).

On or after the date of publication of

this notice in the Federal Register, U.S.

Customs officers must require, at the

same time as importers would normally

deposit estimated duties, the following

cash deposits for the subject

merchandise:

Manufacturer/Producer/Exporter

Weighted-average margin percentage

All Companies .............................. 155.89

This notice constitutes the

antidumping duty order with respect to

glycine from the PRC, pursuant to

section 736(a) of the Act. 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 is published in accordance

with section 736(a) of the Act and 19

CFR 353.21.

Dated: March 22, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

[FR Doc. 95–7727 Filed 3–28–95; 8:45 am]

BILLING CODE 3510–DS–P

National Oceanic and Atmospheric

Administration

[I.D. 031495B]

Marine Mammals

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Issuance of scientific research

permit no. 945 (P319D).

SUMMARY: Notice is hereby given that Dr.

Randall S. Wells, Dolphin Biology

Research Institute, c/o Mote Marine

Laboratory, 1600 Thompson Parkway,

Sarasota, FL 34236, has been issued a

permit to take bottlenose dolphins

(Tursiops truncatus) for purposes of

scientific research.

ADDRESSES: The permit and related

documents are available for review

upon written request or by appointment

in the following offices:

Permits Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Room 13130, Silver Spring,

MD 20910 (301/713–2289); and

Director, Southeast Region, NMFS,

NOAA, 9721 Executive Center Drive,

North; St. Petersburg, FL 33702 (813/

570–5312).

SUPPLEMENTARY INFORMATION: On

February 15, 1995, notice was published

in the Federal Register (60 FR 8640)

that a request for a scientific research

permit to take bottlenose dolphins

(Tursiops truncatus) had been

submitted by the above-named

individual. The requested permit has

been issued under the authority of the

Marine Mammal Protection Act of 1972,

as amended (16 U.S.C. 1361 et seq.), and

the Regulations Governing the Taking

and Importing of Marine Mammals (50

CFR part 216).

Dated: March 21, 1995.

Ann D. Terbush,

Chief, Permits & Documentation Division,

National Marine Fisheries Service.

[FR Doc. 95–7679 Filed 3–28–95; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 031495D]

Marine Mammals

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and