29348 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices

Received From: The National Institutes

of Health, March 27, 1996.

The National Institutes of Health, the

Naval Research Laboratory, and a

domestic manufacturer of related

instruments advise that (1) the

capabilities of each of the foreign

instruments described above are

pertinent to each applicant’s intended

purpose and (2) they know of no

domestic instrument or apparatus of

equivalent scientific value for the

intended use of each instrument.

We know of no other instrument or

apparatus being manufactured in the

United States which is of equivalent

scientific value to any of the foreign

instruments.

Frank W. Creel

Director, Statutory Import Programs Staff.

[FR Doc. 96–14621 Filed 6–7–96; 8:45 am]

BILLING CODE 3510–DS–P

[C–559–001]

Certain Refrigeration Compressors

from the Republic of Singapore;

Preliminary Results of Countervailing

Duty Administrative Review

AGENCY: International Trade

Administration/Import Administration/

Department of Commerce.

ACTION: Notice of Preliminary Results of

Countervailing Duty Administrative

Review.

SUMMARY: The Department of Commerce

is conducting an administrative review

of the agreement suspending the

countervailing duty investigation on

certain refrigeration compressors from

the Republic of Singapore. We

preliminarily determine that the

signatories have complied with the

terms of the suspension agreement

during the period April 1, 1993, through

March 31, 1994. We invite interested

parties to comment on these preliminary

results. Parties who submit arguments

in this proceeding are requested to

submit with their argument (1) a

statement of the issue and (2) a brief

summary of the argument.

EFFECTIVE DATE: June 10, 1996.

FOR FURTHER INFORMATION CONTACT: Rick

Johnson or Jean Kemp, Office of

Agreements Compliance, International

Trade Administration, U.S. Department

of Commerce, Washington, D.C. 20230;

telephone: (202) 482–3793.

SUPPLEMENTARY INFORMATION:

Background

On November 30, 1994, the

Government of the Republic of

Singapore (GOS), Matsushita

Refrigeration Industries (Singapore) Pte.

Ltd. (MARIS), and Asia Matsushita

Electric (Singapore) Pte. Ltd. (AMS),

requested an administrative review of

the agreement suspending the

countervailing duty investigation on

certain refrigeration compressors from

the Republic of Singapore (48 FR 51167,

November 7, 1983). We initiated the

review, covering the period April 1,

1993, through March 31, 1994, on

December 15, 1994 (59 FR 64650–1).

The Department of Commerce (the

Department) sent out a questionnaire on

February 27, 1995, and received a joint

questionnaire response from the GOS,

MARIS, and AMS, on April 26, 1995.

Subsequently, the Department sent out

a supplemental questionnaire on July

31, 1995 and received a joint

supplemental questionnaire response on

August 25, 1995. Finally, the

Department sent out a second

supplemental questionnaire on

September 21, 1995 and received a joint

supplemental questionnaire response on

October 2, 1995.

The final results of the last

administrative review in this case were

published on March 13, 1996 (60 FR

10315–18), which is on file in the

Central Records Unit (room B–099 of the

Main Commerce Building).

Applicable Statute and Regulations

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. However,

references to the Department’s

Countervailing Duties; Notice of

Proposed Rulemaking and Request for

Public Comments (54 FR 23366; May 31,

1989) (Proposed Regulations), are

provided solely for further explanation

of the Department’s countervailing duty

practice. Although the Department has

withdrawn the particular rulemaking

proceeding pursuant to which the

Proposed Regulations were issued, the

subject matter of these regulations is

being considered in connection with an

ongoing rulemaking proceeding which,

among other things, is intended to

conform the Department’s regulations to

the Uruguay Round Agreements Act.

See 60 FR 80 (January 3, 1995).

Scope of Review

Imports covered by this review are

shipments of hermetic refrigeration

compressors rated not over one-quarter

horsepower from Singapore. This

merchandise is currently classified

under Harmonized Tariff Schedule

(HTS) item number 8414.30.40. The

HTS item number is provided for

convenience and Customs purposes.

The written description remains

dispositive.

The review period is April 1, 1993

through March 31, 1994, and includes 6

programs. The review covers one

producer and one exporter of the subject

merchandise, MARIS and AMS,

respectively. These two companies,

along with the GOS, are the signatories

to the suspension agreement.

Under the terms of the suspension

agreement, the GOS agrees to offset

completely the amount of the net

bounty or grant determined by the

Department in this proceeding to exist

with respect to the subject merchandise.

The offset entails the collection by the

GOS of an export charge applicable to

the subject merchandise exported on or

after the effective date of the agreement.

See Certain Refrigeration Compressors

from the Republic of Singapore:

Suspension of Countervailing Duty

Investigation, 48 FR 51167, 51170

(November 7, 1983).

Analysis of Programs

(1) The Economic Expansion Incentives

Act—Part VI

The Production for Export Programme

under Part VI of the Economic

Expansion Incentives Act allows a 90-

percent tax exemption on a company’s

export profit if the GOS designates a

company as an export enterprise. In the

investigation, the Department

preliminarily found this program to be

countervailable because ‘‘this tax

exemption is provided only to certified

export enterprises.’’ See Preliminary

Affirmative Countervailing Duty

Determination: Certain Refrigeration

Compressors from the Republic of

Singapore, 48 FR 39109, 39110 (August

29, 1983). MARIS is designated as an

export enterprise and used this tax

exemption during the period of review.

AMS was not designated an export

enterprise under Part VI of the

Economic Expansion Incentives Act for

the period of review.

According to the Export Enterprise

Certificate awarded to MARIS in a letter

dated May 12, 1981, MARIS is to receive

this benefit on the production of

compressors, electrical parts and

accessories for refrigerators, and plastic

refrigerators. To calculate the benefit,

we divided the tax savings claimed by

MARIS under this program by the f.o.b.

value of total exports of products

receiving the benefit, for the period of

review.

MARIS’ response to the Department’s

countervailing duty questionnaire for

this review indicated that MARIS

deducted export charges levied

pursuant to the suspension agreement in
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices 29349

arriving at an adjusted profit figure,

which was then used to calculate

exempt export profit for the review

period. In the eighth administrative

review, the Department determined that

the amount of the export charge

deduction must be added ‘‘back to

MARIS’ export profit in calculating

MARIS’ tax savings in order to offset the

deduction of the export charges in the

review period.’’ See Preliminary Results

of Countervailing Duty Review: Certain

Refrigeration Compressors from

Singapore, 57 FR 31175 (July 14, 1992),

upheld in Final Results of

Countervailing Duty Review: Certain

Refrigeration Compressors from

Singapore, 57 FR 46539 (October 9,

1992). Therefore, as the Department did

in the tenth administrative review, in

calculating the benefit from this

program, we have added back this

deduction. On this basis, we

preliminarily determine the benefit from

this program during the review period

to be 2.20 percent of the f.o.b. value of

the merchandise.

(2) Finance & Treasury Center (FTC)

The Finance & Treasury Center

Program allows for the taxation at a

concessionary rate of 10 percent on

certain income earned by companies

providing treasury, investment, or

financial services in Singapore for their

subsidiaries/affiliates outside Singapore.

The FTC program under Section 43E of

the Singapore Income Tax Act has been

in effect since April 1, 1989 (since

Singapore tax ‘‘year of assessment

1991’’). According to the response, 10

companies’ applications to the FTC

program had been received and

approved by March 31, 1994, including

AMS. Every company which has

applied to the program has been

accepted. MARIS did not participate in

the program for the period of review.

The Department examined this

program in the tenth review and found

it to be de facto specific, and therefore

countervailable. See Certain

Refrigeration Compressors from

Singapore; Final Results of

Countervailing Duty Administrative

Review (‘‘Final Results’’), 60 FR 10315–

16 (March 13, 1996). The Department

also stated in its preliminary results for

the tenth review that, ‘‘(b)ecause it is

probable that participation in the FTC

program by MNCs in Singapore could

change over time, in future reviews we

may re-examine the circumstances

which have led the Department to find

the program de facto specific, should

any new information about the

program’s specificity arise.’’ See Certain

Refrigeration Compressors from the

Republic of Singapore: Preliminary

Results of Countervailing Duty

Administrative Review (‘‘Preliminary

Results’’), 59 FR 59749, 59750

(November 18, 1994).

Because the numbers for firms and

industries participating remain

unchanged from the tenth review, the

Department continues to find the FTC

program de facto specific, and therefore

countervailable.

To calculate the benefit, we divided

the tax savings attributable to the

subject merchandise under this program

by the value of all AMS product sales

for the period of review. On this basis,

we preliminarily determine the benefit

from this program during the review

period to be 0.02 percent of the f.o.b.

value of the merchandise.

(3) The Investment Allowance Program

The Investment Allowance Program

under Part X of the Economic Expansion

Incentives Act provides tax allowances

for investment in automated/

mechanized systems. The program is

available to companies engaged in the

manufacturing of any product, the

provision of services, or any of a wide

variety of additional activities. In the

tenth administrative review, the

Department determined that this

program is not countervailable. (See

Preliminary Results at 59751, upheld in

the Final Results, 10315). Additionally,

according to the response, AMS (which

has qualified for this program) did not

use this program for the period of

review. Therefore, barring new

information, the Department will not

consider this program in future reviews.

(4) Technical Assistance Fees/Royalty

Payments

Under Part IX of the Economic

Expansion Incentives Act, payment by

Singaporean companies of license,

royalty, and technical assistance fees to

offshore companies is exempted from

withholding tax in Singapore. MARIS

receives tax exempt treatment for its

payment of technical assistance fees to

its Japanese parent and to another

related party in Japan. AMS did not use

this program during the period of

review.

However, in the tenth administrative

review, the Department concluded that

there was no evidence on the record to

indicate that the TAF program provided

any direct or indirect benefits, including

countervailable benefits, for the period

of review. See Final Results at 10317–

18. The Department has no evidence

that the program operated differently for

this review period. Therefore, absent

new information, the Department will

not consider this program in future

reviews.

(5) Operational Headquarters Program

The Operational Headquarters

Program (OHQ) is a program under

which companies are eligible to receive

certain tax concessions for up to ten

years on income arising from a

company’s overseas affiliated

companies. Income arising from the

provision of qualifying services is

subject to a concessionary tax rate of 10

percent. AMS had OHQ status during

the period of review, while MARIS did

not.

In the Final Results (at 10317) of the

tenth review, the Department stated that

it ‘‘found in previous reviews and

verified in [the tenth] review that no

benefits are conferred upon the subject

merchandise.’’ For the current period of

review, the Department notes that the

terms of the program regarding

qualifying income in the case of AMS

have not changed in such a way as to

qualify any of AMS’ income related to

subject merchandise. Therefore, the

Department preliminarily determines

that because AMS has not used this

program in connection with the subject

merchandise, the OHQ program confers

no benefits which would be

countervailable under the terms of the

suspension agreement.

(6) Financing through the Monetary

Authority of Singapore

Under the terms of the suspension

agreement, MARIS and AMS agreed not

to apply for or receive any financing

provided by the rediscount facility of

the Monetary Authority of Singapore for

shipments of the subject merchandise to

the United States. We determined

during the review that neither MARIS

nor AMS received any financing

through the Monetary Authority of

Singapore on the subject merchandise

exported to the United States during the

review period. Therefore, we

preliminarily determine that both

companies have complied with this

clause of the agreement.

Preliminary Results of Review

The suspension agreement states that

the GOS will offset completely with an

export charge the net bounty or grant

calculated by the Department. As a

result of our review, we preliminarily

determine that the signatories have

complied with the terms of the

suspension agreement, including the

payment of the provisional export

charges in effect for the period April 1,

1993 through March 31, 1994. We also

preliminarily determine the net bounty

or grant to be 2.22 percent of the f.o.b.

value of the merchandise for the April
29350 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices

1, 1993 through March 31, 1994 review

period.

Following the methodology outlined

in section B.4 of the agreement, the

Department preliminarily determines

that, for the period April 1, 1993

through March 31, 1994, a negative

adjustment may be made to the

provisional export charge rate in effect.

The adjustments will equal the

difference between the provisional rate

in effect during the review period and

the rate determined in this review, plus

interest. This rate, established in the

notice of the final results of the eighth

administrative reviews of the

suspension agreement, was 5.52

percent. See Certain Refrigeration

Compressors from the Republic of

Singapore; Final Results of

Countervailing Duty Administrative

Review, 57 FR 46540 (October 9, 1992).

The GOS may refund or credit, in

accordance with section B.4.c of the

agreement, the difference, plus interest,

calculated in accordance with section

778(b) of the Tariff Act, within 30 days

of notification by the Department. The

Department will notify the GOS of these

adjustments after publication of the

final results of this review.

If the final results of this review

remain the same as these preliminary

results, the Department intends to notify

the GOS that the provisional export

charge rate on all exports to the United

States with Outward Declarations filed

on or after the date of publication of the

final results of this administrative

review shall be 2.22 percent of the f.o.b.

value of the merchandise.

The agreement can remain in force

only as long as shipments from the

signatories account for at least 85

percent of imports of the subject

refrigeration compressors into the

United States. Information on the record

of this review indicates that the two

signatory companies accounted for 100

percent of imports into the United

States from Singapore of this

merchandise during the review period.

Parties to the proceeding may request

disclosure of the calculation

methodology and interested parties may

request a hearing not later than 10 days

after the date of publication of this

notice. Pursuant to 19 CFR 355.38(c),

interested parties may submit written

comments in case briefs on these

preliminary results within 30 days of

the date of publication. Rebuttal briefs,

limited to arguments raised in case

briefs, may be submitted seven days

after the time limit for filing the case

brief. Any hearing, if requested, will be

held seven days after the scheduled date

for submission of rebuttal briefs. Copies

of case briefs and rebuttal briefs must be

served on interested parties in

accordance with 19 CFR 355.38(e).

Representatives of parties to the

proceeding may request disclosure of

proprietary information under

administrative protective order no later

than 10 days after the representative’s

client or employer becomes a party to

the proceeding, but in no event later

than the date the case briefs are due.

The Department will publish the final

results of this administrative review,

including the results of its analysis of

issues raised in any case or rebuttal

brief, or at a hearing.

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 355.22.

Dated: June 4, 1996.

Paul L. Joffe,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 96–14623 Filed 6–7–96; 8:45 am]

BILLING CODE 3510–DS–P

National Oceanic and Atmospheric

Administration

[Docket No. 960322092–6159–02; I.D.

032596B]

RIN 0648–ZA19

Gulf of Mexico Fisheries Disaster

Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final notice of availability of

Federal assistance.

SUMMARY: NMFS establishes a Gulf of

Mexico Fisheries Disaster Program

(Program) that will provide $5 million

in financial assistance to commercial

fishermen who suffered uninsured

fishing vessel or gear damage or loss

caused by hurricanes, floods, or their

aftereffects. Assistance will be in the

form of a discretionary grant only; this

notice does not create an entitlement

program.

DATES: Applications must be received

by close of business October 7, 1996.

ADDRESSES: Applications should be sent

to Charles L. Cooper, Program Leader,

Financial Services Division, National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910. Comments regarding the burdenhour estimate or any other aspect of the

collection-of-information requirement

contained in this notice should be sent

to the same address.

FOR FURTHER INFORMATION CONTACT:

Charles L. Cooper, Program Leader,

(301) 713–2396.

SUPPLEMENTARY INFORMATION: On August

2, 1995, the Secretary of Commerce

(Secretary) declared fisheries disasters

in the Pacific Northwest, New England

and the Gulf of Mexico (Gulf). The

Secretary stated that the Gulf disaster

arose from hurricanes and floods, and

their aftereffects, occurring from August

23, 1992, through December 31, 1995.

Commercial fishing vessels and gear

were damaged or lost either as a direct

result of these events or through contact

with underwater hazards created by the

storms and floods. Under the authority

of the Interjurisdictional Fisheries Act

(IFA) of 1986 (16 U.S.C. 4107(d)), as

amended, a total of $5 million in

Federal financial assistance is available

to commercial fishermen in the Gulf of

Mexico for uninsured losses due to

vessel or gear loss or damage due to the

natural disasters covered by the August

2, 1995, disaster declaration.

On behalf of the Secretary, NMFS

published a Notice of Proposed Program

on April 1, 1996 (61 FR 14293), to

solicit public comments. In addition,

the NOAA Office of Sustainable

Development and Intergovernmental

Affairs conducted three town meetings

in Texas, Louisiana, and Florida,

respectively, in order to solicit public

comment on the proposed program.

Comments received in writing or from

public meetings in response to the

proposed program are summarized and

responded to in this document.

During the comment period, Congress

amended the IFA to provide NMFS with

more program flexibility. Pursuant to

these amendments, fishermen may now

recover up to 100 percent of their

uninsured loss, and fishermen who earn

less than $2 million in net revenues

annually from commercial fishing are

now eligible to participate in the

program.

Comments and Responses

NMFS received 11 written responses

to the proposed program. In addition,

several points were raised on the record

during the public meetings. In total,

NMFS identified the following 10

distinct comments on the proposed

program.

Comment: Eight commenters

suggested expanding the area eligible for

assistance beyond the Gulf of Mexico to

include other Florida coastal areas

affected by the weather events that were

the subject of the declared fisheries

disasters.

Response: The IFA provides for

assistance to fishermen affected by

declared fisheries disasters. The