Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices 65889

18. Gain to offset cost

19. General and administrative (‘‘G&A’’)

expenses

Urenco Deutschland Cost Issues (‘‘UD’’)

20. Affiliated electricity purchases

21. Home country Generally Accepted

Accounting Principles (‘‘GAAP’’)

Urenco Nederland Cost Issue (‘‘UNL’’)

22. UNL unreconciled costs

Urenco Capenhurst Ltd. Cost Issue (‘‘UCL’’)

23. Centrifuge failure

[FR Doc. 01–31513 Filed 12–20–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–475–818]

Notice of Amendment of Final

Determination of Sales at Less Than

Fair Value Pursuant to Court Decision

and Revocation in Part: Certain Pasta

From Italy

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of amendment to final

determination of sales at less than fair

value in accordance with decision upon

remand and revocation in part: Certain

Pasta from Italy.

SUMMARY: We are amending the

antidumping (‘‘AD’’) duty rate for

imports of pasta from Delverde S.r.l.

(‘‘Delverde’’) calculated for the final

determination of the antidumping duty

less-than-fair-value (‘‘LTFV’’)

investigation (covering the period from

May 1, 1994 through April 31, 1995).

The revised AD duty rate for Delverde

is 1.44 percent ad valorem and, thus, de

minimis. Therefore, we are revoking the

antidumping duty order (‘‘the order’’)

with respect to Delverde.

EFFECTIVE DATE: December 21, 2001.

FOR FURTHER INFORMATION CONTACT:

Brian Ledgerwood or Geoffrey Craig,

AD/CVD Enforcement, Office VI, Group

II, Import Administration, U.S.

Department of Commerce, Room 4012,

14th Street and Constitution Avenue,

N.W., Washington, DC 20230; telephone

(202) 482–3836, or (202) 482–4161,

respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

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

Agreements Act. In addition, unless

otherwise indicated, all citations to the

Department of Commere’s (‘‘the

Department’s’’) regulations are to 19

CFR Part 351 (2000).

Background

On June 14, 1996, the Department

issued the Notice of Final Determination

of Sales at less Than Fair Value: Certain

Pasta from Italy, 61 FR 30326 (June 14,

1996) (‘‘Final Determination’’). The

Delverde AD duty rate was 2.80 percent.

Delverde challenged the Final

Determination in the Court of

International Trade (the ‘‘CIT’’). On

March 26, 1998, the CIT held that the

statutory provisions for level of trade

(‘‘LOT’’) adjustments provides that

selling expenses set forth in 19 U.S.C.

1677a(d) should not be deducted from

constructed export price (‘‘CEP’’) before

making the LOT comparison. See

Borden, Inc. v. United States, 4 F.

Supp.2d 1221, 1241–42 (CIT March 26,

1998) (‘‘Borden II’’). The United States

and Delverde appealed the CIT’s

decision to the Federal Circuit. See

Borden, Inc. v. United States, Nos. 99–

1575, –1576 (Fed. Cir. March 12, 2001).

On March 12, 2001, the Federal

Circuit reversed the CIT’s ruling. Citing

its decision in Micron Technology, Inc.

v. United States, Nos. 00–1058, –1060

(Fed. Cir. March 7, 2001), the Federal

Circuit held that the statute requires the

Department to deduct the expenses set

forth in section 772(d)(1) of the Act from

the starting price of CEP sales before

making the LOT comparison under

section 773(a)(1)(B) of the Act. The

Federal Circuit remanded the case to the

CIT stating that the Department must

comply with the statute and deduct the

expenses set forth in section 772(d)(1)

from the starting price of CEP sales

before making the LOT comparison. See

Borden, Inc., v. United States, Nos. 99–

1575, –1576 (Fed. Cir. March 12, 2001).

The CIT issued an order on May 21,

2001, instructing the Department to

comply with the decision of the Federal

Circuit. See Borden, Inc. v. United

States, Court No. 96–08–1970 (CIT May

21, 2001). On October 15, 2001, the

Department filed its results of

redetermination pursuant to the CIT’s

order. On November 2, 2001, the CIT

affirmed the final remand

redetermination in Borden, Inc. v.

United States, Consol. Court No. 96–08–

01970, Slip Op. 2001–128.

Amended Final Determination and

Revocation in Part

In light of the final and conclusive

court decision in this action, we are

amending the AD duty rate for Delverde

from 2.40 to 1.44 percent ad valorem.

The rate is less than 2.00 percent and

thus, de miminis. Therefore, we are

revoking the AD duty order in part with

respect to Delverde pursuant to section

351.204(e) of the Department’s

regulations.

We will instruct the U.S. Customs

Service (‘‘Customs’’) to terminate the

suspension of liquidation for any such

merchandise entered, or withdrawn

from warehouse, for consumption on or

after January 19, 1996, the date of

publication of the preliminary

determination in the Federal Register,

and will instruct Customs to release any

bond and refund any cash deposit for

this merchandise.

These amended final results and

notice are in accordance with sections

735(d) and 777(i)(1) of the Act.

Dated: December 13, 2001.

Faryar Shirzad,

Assistant Secretary for Import

Administration.

[FR Doc. 01–31512 Filed 12–20–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–583–837]

Notice of Preliminary Determination of

Sales at Less Than Fair Value and

Postponement of Final Determination:

Polyethylene Terephthalate Film,

Sheet, and Strip (PET Film) From

Taiwan

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: December 21, 2001.

FOR FURTHER INFORMATION: Ron

Trentham or Tom Futtner at (202) 482–

6320 and (202) 482–3814, respectively;

AD/CVD Enforcement Office IV, Group

II, Import Administration, Room 1870,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW.,

Washington, DC 20230.

The Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (the Act)

by the Uruguay Round Agreements Act

(URAA). In addition, unless otherwise

indicated, all citations to the

Department of Commerce (the

Department) regulations refer to the

regulations codified at 19 CFR part 351

(April 2001).