Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Notices 31505

1The Act expired on August 20, 1994. Executive

Order 12924 (3 CFR, 1994 Comp. 917 (1995)),

extended by Presidential Notice of August 15, 1995

(60 FR 42767, August 17, 1995), continued the

Regulations in effect under the International

Emergency Economic Powers Act (50 U.S.C.A.

§§ 1701–1706 (1991 & Supp 1996)).

2The March 25, 1996 Federal Register

publication redesignated the existing Regulations as

15 CFR Parts 768A–799A. In addition, the March

25 Federal Register publication restructured and

reorganized the Regulation, designating them as an

interim rule at 15 CFR Parts 730–774, effective

April 24, 1996.

3For purposes of this Order, ‘‘license’’ includes

any general license established in 15 CFR Parts

768A–799A.

This Order, which constitutes the

final agency action in this matter, is

effective immediately.

Entered this 11th day of June 1996.

John Despres,

Assistant Secretary for Export Enforcement.

[FR Doc. 96–15743 Filed 6–19–96; 8:45 am]

BILLING CODE 3510–DT–M

Action Affecting Export Privileges;

Wolfgang Nothacker; Order

The Office of Export Enforcement,

Bureau of Export Administration,

United States Department of Commerce

(BXA), having notified Wolfgang

Nothacker (‘‘Nothacker’) of its intention

to initiate an administrative proceeding

against him pursuant to section 13(c) of

the Export Administration Act of 1979,

as amended (50 U.S.C.A. app. §§ 2401–

2420 (1991 & Supp. 1996)) (the Act),1

and the Export Administration

Regulations (15 CFR parts 768–799

(1995), as amended (61 FR 12714

(March 25, 1996)) (the Regulations),2

based on allegations that:

1. Between January 1991 and

December 1992, Nothacker conspired

with a U.S. company to ship U.S.-origin

fuel pumps to Libya, knowing that such

shipments were prohibited by the

Regulations, in violation of section

787.3(b) of the Regulations; and

2. On three separate occasions, on or

about January 31, 1991, April 3, 1991,

and December 5, 1992, Nothacker

caused, aided or abetted the reexport of

U.S.-origin fuel pumps to Libya without

the required reexport authorization, in

violation of section 787.2 of the

Regulations; and

BXA and Nothacker having entered

into a Settlement Agreement pursuant to

section 766.18(a) of the Regulations

whereby they agreed to settle this matter

in accordance with the terms and

conditions set forth therein, and the

terms of the Settlement Agreement

having been approved by me;

It is therefore ordered:

First, that, for a period of ten years

from the date of this Order, Nothacker

may not, directly or indirectly,

participate in any way in any

transaction involving any commodity,

software or technology (hereinafter

collectively referred to as ‘‘item’’)

exported or to be exported from the

United States that is subject to the

Regulations, or in any other activity

subject to the Regulations, including,

but not limited to:

A. Applying for, obtaining, or using

any license,3 License Exception, or

export control document;

B. Carrying on negotiations

concerning, or ordering, buying,

receiving, using, selling, delivering,

storing, disposing of, forwarding,

transporting, financing, or otherwise

servicing in any way, any transaction

involving any item exported or to be

exported from the United States that is

subject to the Regulations, or in any

other activity subject to the Regulations;

or

C. Benefiting in any way from any

transaction involving any item exported

or to be exported from the United States

that is subject to the Regulations, or in

any other activity subject to the

Regulations.

Third, that no person may, directly or

indirectly, do any of the following:

A. Export or reexport to or on behalf

of the denied person any item subject to

the Regulations;

B. Take any action that facilitates the

acquisition or attempted acquisition by

a denied person of the ownership,

possession, or control of any item

subject to the Regulations that has been

or will be exported from the United

States, including financing or other

support activities related to a

transaction whereby a denied person

acquires or attempts to acquire such

ownership, possession or control;

C. Take any action to acquire from or

to facilitate the acquisition or attempted

acquisition from the denied person of

any item subject to the Regulations that

has been exported from the United

States;

D. Obtain from the denied person in

the United States any item subject to the

Regulations with knowledge or reason

to know that the item will be, or is

intended to be, exported from the

United States; or

E. Engage in any transaction to service

any item subject to the Regulations that

have been or will be exported from the

United States and that is owned,

possessed or controlled by a denied

person, or service any item, of whatever

origin, that is owned, possessed or

controlled by a denied person if such

service involves the use of any item

subject to the Regulations that has been

or will be exported from the United

States. For purposes of this paragraph,

servicing means installation,

maintenance, repair, modification or

testing.

Fourth, that, after notice and

opportunity for comment as provided in

§ 766.23 of the Regulations, any person,

firm, corporation, or business

organization related to the denied

person by affiliation, ownership,

control, or position of responsibility in

the conduct of trade or related services

may also be made subject to the

provisions of this Order.

Fifth, that as authorized by § 766.18 of

the Regulations, the ten-year denial

period set forth in paragraph SECOND

above shall be suspended for a period of

nine years beginning one year from the

date of entry of this Order, and shall

thereafter be waived, provided that: i)

during the period of suspension,

Nothacker commits no violation of the

Act or any regulation, order or license

issued thereunder; and ii) Nothacker

cooperates with BXA in connection

with its investigation into the

transactions identified in the proposed

Charging Letter, as agreed by BXA and

Nothacker.

Sixth, that this Order does not

prohibit any export, reexport, or other

transaction subject to the Regulations

where the only items involved that are

subject to the Regulations are the

foreign-produced direct product of U.S.-

origin technology.

Seventh, that the proposed Charging

Letter, the Settlement Agreement, and

this Order shall be made available to the

public. A copy of this Order shall be

published in the Federal Register.

This Order, which constitutes the

final agency action in this matter, is

effective immediately.

Entered this 11th day of June 1996.

John Despres,

Assistant Secretary for Export Enforcement.

[FR Doc. 96–15744 Filed 6–19–96; 8:45 am]

BILLING CODE 3510–DT–M
31506 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Notices

International Trade Administration

A–427–801, A–428–801, A–475–801, A–588–

804, A–485–801, A–559–801, A–401–801, A–

549–801, A–412–801

Antifriction Bearings (Other Than

Tapered Roller Bearings) and Parts

Thereof From France, Germany, Italy,

Japan, Romania, Singapore, Sweden,

Thailand, and the United Kingdom;

Initiation of Antidumping Duty

Administrative Reviews and Notice of

Request for Revocation of an Order

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation of

antidumping duty administrative

reviews and notice of request for

revocation of an order.

SUMMARY: The Department of Commerce

(the Department) has received requests

to conduct administrative reviews of the

antidumping duty orders on antifriction

bearings (other than tapered roller

bearings) and parts thereof from France,

Germany, Italy, Japan, Romania,

Singapore, Sweden, Thailand, and the

United Kingdom. In accordance with

our regulations, we are initiating those

administrative reviews. The review

period is May 1, 1995 through April 30,

1996. We have also received a request

to revoke the antidumping order

covering ball bearings and parts thereof

from Thailand with respect to NMB

Thai/Pelmec Thai Ltd. (NMB/Pelmec),

the only known producer/exporter of

this merchandise from Thailand.

EFFECTIVE DATE: June 20, 1996.

FOR FURTHER INFORMATION CONTACT:

Michael Rill or Richard Rimlinger,

Office of Antidumping Compliance,

International Trade Administration,

U.S. Department of Commerce,

Washington DC 20230; telephone (202)

482–4733.

SUPPLEMENTARY INFORMATION:

Background

The Department has received timely

requests, in accordance with 19 CFR

353.22(a), for administrative reviews of

the antidumping duty orders covering

antifriction bearings (other than tapered

roller bearings) and parts thereof from

France, Germany, Italy, Japan, Romania,

Singapore, Sweden, Thailand, and the

United Kingdom. The orders cover three

classes or kinds of merchandise: ball

bearings (ball), cylindrical roller

bearings (cylindrical), and spherical

plain bearings (spherical). Pursuant to

19 CFR 353.25, NMB/Pelmec has

requested revocation of the antidumping

order covering ball bearings and parts

thereof from Thailand. NMB/Pelmec is

the only known producer/exporter of

this merchandise from Thailand. NMB/

Pelmec based its request on its claim

that there has been an absence of

dumping on sales of the subject

merchandise for a period of three

consecutive years.

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Act), are references to the

provisions effective January 1, 1995, the

effective date of the amendments made

to the Act by the Uruguay Round

Agreement Act. In addition, unless

otherwise indicated, all citations to the

Department’s regulations are to the

current regulations, as amended by the

interim regulations published in the

Federal Register on May 11, 1995 (60

FR 25130).

Initiation of Reviews

In accordance with 19 CFR 353.22(c),

we are initiating administrative reviews

of the following antidumping duty

orders. Unless the time limit is extended

in accordance with section 751(a)(3)(A)

of the Tariff Act of 1930, as amended,

we intend to issue the preliminary

results of these reviews no later than

January 31, 1997, and the final results

no later than 120 days after publication

of the preliminary results.

Proceedings and firms Class or kind

France A–427–801:

SKF France (including all relevant affiliates) ........................................................................................................ Ball and Cylindrical.

SNFA ..................................................................................................................................................................... Ball and Cylindrical.

Societe Nouvelle de Roulements (SNR) ............................................................................................................... All.

Germany A–428–801:

FAG Kugelfischer Georg Schaefer AG ................................................................................................................. All.

INA Walzlager Schaeffler KG ................................................................................................................................ All.

NTN Kugellagerfabrik (Deutschland) GmbH ......................................................................................................... All.

SKF GmbH (including all relevant affiliates) ......................................................................................................... All.

Torrington Nadellager (Torrington/Kuensebeck) ................................................................................................... Cylindrical.

Italy A–475–801:

Meter, S.p.A. ......................................................................................................................................................... Ball and Cylindrical.

FAG Italia S.p.A. (including all relevant affiliates) ................................................................................................. Ball and Cylindrical.

SKF-Industrie S.p.A. (including all relevant affiliates) ........................................................................................... Ball and Cylindrical.

Japan A–588–804:

Asahi Seiko ........................................................................................................................................................... Ball.

Izumoto Seiko Co., Ltd. ......................................................................................................................................... Ball.

Kohwa Technos Corp. ........................................................................................................................................... Ball.

Koyo Seiko Company, Ltd. .................................................................................................................................... All.

Nachi-Fujikoshi Corp. ............................................................................................................................................ All.

Nippon Pillow Block Sales Company, Ltd. ............................................................................................................ All.

NSK Ltd. (formerly Nippon Seiko K.K.) ................................................................................................................. All.

NTN Corp. ............................................................................................................................................................. All.

Sanwa Kizai Co., Ltd. ............................................................................................................................................ Ball.

Romania A–485–801:

Tehnoimportexport, S.A. ........................................................................................................................................ Ball.

Singapore A–559–801:

NMB Singapore/Pelmec Ind. ................................................................................................................................. Ball.

Sweden A–401–801:

SKF Sverige (including all relevant affiliates) ....................................................................................................... Ball.

Thailand A–549–801:

NMB Thai/Pelmec Thai Ltd. .................................................................................................................................. Ball.

United Kingdom A–412–801:

Barden Corporation/FAG (U.K.) Ltd. ..................................................................................................................... Ball and Cylindrical.
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Notices 31507

Proceedings and firms Class or kind

NSK Bearings Europe, Ltd./RHP Bearings Ltd. .................................................................................................... Ball and Cylindrical.

If requested within 30 days of the date

of publication of this notice, the

Department will determine whether

antidumping duties have been absorbed

by an exporter or producer subject to

any of these reviews if the subject

merchandise is sold in the United States

through an importer which is affiliated

with such exporter or producer.

Interested parties must submit

applications for disclosure under

administrative protective orders in

accordance with 19 CFR 353.34(b) of the

Department’s regulations. However, due

to the large number of parties to these

proceedings, we strongly recommend

that parties submit their APO

applications as soon as possible, and we

will process them on a first-come, firstserved basis.

These initiations and this notice are

in accordance with section 751(a) of the

Tariff Act of 1930 (19 U.S.C. 1675(a))

and 19 CFR 353.22(c) and 353.25(c).

Roland L. MacDonald,

Acting Deputy Assistant Secretary for

Compliance.

[FR Doc. 96–15682 Filed 6–19–96; 8:45 am]

BILLING CODE 3510–DS-P

[A–583–009]

Color Television Receivers, Except for

Video Monitors, From Taiwan;

Amended Final Results of

Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of amendment to final

results of antidumping duty

administrative review.

SUMMARY: On October 21, 1994, in the

case of Zenith Electronics Corporation

v. United States, 865 F. Supp. 890

(Zenith), the United States Court of

International Trade (the Court) affirmed

the Department of Commerce’s (the

Department’s) third results of

redetermination on remand and prior

remand determinations of the final

results of the first administrative review

of the antidumping duty order on color

television receivers, except for video

monitors (CTVs), from Taiwan, to the

extent that they were not subsequently

modified by the Court. The Court also

vacated its July 29, 1991, order to the

extent that the order held that ‘‘no

assessment rate cap may be applied in

liquidating the subject entries unless the

importer paid a cash duty for an

estimated dumping duty.’’ As a result,

the Court ordered the Department to

apply the assessment rate cap to all

subject imports entered between the

publication dates of the Department’s

preliminary affirmative determination of

sales at less than fair value (LTFV) and

the International Trade Commission’s

(ITC’s) final affirmative injury

determination.

Consistent with the decision of the

United States Court of Appeals for the

Federal Circuit (CAFC) in Timken Co. v.

United States, 893 F.2d 337 (CAFC

1990) (Timken), on January 17, 1995,

the Department published a notice in

the Federal Register which suspended

liquidation of the subject merchandise

entered or withdrawn from warehouse

for consumption until there was a ‘‘final

and conclusive’’ decision in this case

(60 FR 3391). On February 12, 1996, the

CAFC upheld the Department’s

methodology for determining direct and

indirect expenses for purposes of

making a circumstance-of-sale (COS)

adjustment in calculating AOC

International, Inc.’s (AOC) final margin

and remanded the case back to the Court

for recalculation of dumping margins in

a manner consistent with the CAFC’s

decision. Although the case is not yet

‘‘final and conclusive’’ for AOC, the

other respondents in this proceeding are

not affected by this outstanding issue.

We have, therefore, prepared these

amended final results for those

respondents.

EFFECTIVE DATE: June 20, 1996.

FOR FURTHER INFORMATION CONTACT:

Maureen McPhillips or John Kugelman,

Office of Antidumping Compliance,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, NW., Washington,

DC 20230, telephone: (202) 482–5253.

SUPPLEMENTARY INFORMATION:

Background

On December 29, 1986, the

Department published in the Federal

Register the final results of the first

administrative review of the

antidumping duty order on CTVs from

Taiwan (51 FR 46895). In those results,

the Department set forth its finding of

weighted-average margins for nine

companies, AOC, Capetronic (BSR) Ltd.

(Capetronic), Fulet Electronic Industrial

Co., Ltd. (Fulet), Nettek Corp., Ltd.

(Nettek), RCA Taiwan (RCA), Shinlee

Corp. (Shinlee), Shin-Shirasuna Electric

Co. (Shin-Shirasuna), and Tatung Co.

(Tatung), for the period of review (POR)

October 19, 1983 through March 31,

1985, and Sampo Corp. (Sampo) for the

POR April 1, 1984 through March 31,

1985, and announced its intent to

instruct the U.S. Customs Service to

assess antidumping duties on all

appropriate entries.

Subsequent to the Department’s final

results, four of the reviewed companies

and a domestic producer, Zenith, filed

lawsuits with the Court challenging

these results. Thereafter, on September

11, 1989, the Court issued an order and

opinion remanding the Department’s

determination so that the Department

could make reasonable allowances for

‘‘bona fide differences in warranty

expenses between the United States and

the home market’’, and to reconsider an

adjustment for Sampo’s bad debt losses

based on its bad debt experience during

the period or another appropriate

period. See AOC International, Inc. et.

al. v. United States, 721 F. Supp. 314

(CIT 1989). The Department requested a

voluntary remand for the following

reasons: to recalculate constructed value

CV) for Tatung; to recalculate AOC’s

inland freight and explain the

calculation methodology; to adjust

Tatung’s foreign market value (FMV) for

discounts and rebates which Tatung

paid to distributors for trade-ins of used

CTVs by the dealers in the home market;

to allocate advertising and sales

promotion expenses on a product-line,

rather than a model-specific basis; and

to add to the U.S. price (USP) the

amount of commodity taxes forgiven

upon exportation of CTVs. On January

31, 1991, the Department filed its first

remand results with the Court.

On July 29, 1991, the Court ordered a

second remand for the Department to do

the following: Determine the amount of

commodity tax passed through to home

market purchasers and add that amount

to the U.S. price (USP); cease applying

an assessment rate cap in liquidating

entries of the subject merchandise

unless the importer paid a cash deposit

for an estimated antidumping duty;

eliminate the use of sales adjustments in

this case to the extent that they reduce

CV general expenses to less than the

statutory minimum amount; remove all

home market export-related expenses

from exporter’s sale’s price (ESP);

request additional information from