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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices6171The Department shall determine, andthe Customs Service shall assess,antidumping duties on all appropriateentries. Because the inability to linksales with specific entries preventscalculation of duties on an entry-byentrybasis, we have calculated animporter-specific ad valorem dutyassessment rate for the merchandisebased on the ratio of the total amount ofantidumping duties calculated for theexamined sales made during the POR tothe total customs value of the sales usedto calculate those duties. This rate willbe assessed uniformly on all entries ofthat particular importer made during thePOR. (This is equivalent to dividing thetotal amount of antidumping duties,which are calculated by taking thedifference between NV and CEP, by thetotal CEP value of the sales compared,and adjusting the result by the averagedifference between CEP and customsvalue for all merchandise examinedduring the POR.) The Department willissue appraisement instructions directlyto the Customs Service.Furthermore, the following cashdeposit requirements will be effectiveupon publication of the final results ofthis administrative review for allshipments of the subject merchandiseentered, or withdrawn from warehouse,for consumption on or after thepublication date, as provided for bysection 751(a)(1) of the Act: (1) ForMELCO the cash deposit rate will be therate established in the final results ofthis review; (2) if the exporter is not afirm covered in this review, a previousreview, or the original less-than-fairvalue investigation (LTFV), but themanufacturer is, the cash deposit ratewill be that which was established forthe most recent period for themanufacturer of the merchandise; (3) fornon-Japanese exporters of subjectmerchandise from Japan, the cashdeposit rate will be the rate applicableto the Japanese supplier of that exporter;(4) if neither the exporter nor themanufacturer is a firm covered in this orany previous reviews, the cash depositrate will be 27.93 percent, the ‘‘allothers’’ rate established in the LTFVinvestigation, as explained below. Thesedeposit requirements, when imposed,shall remain in effect until publicationof the final results of the nextadministrative review.On May 25, 1993, the Court ofInternational Trade (CIT) in FloralTrade Council v United States, 822F.Supp. 766 (CIT 1993), and Federal-Mogul Corporation and The TorringtonCompany v. United States, 822 F.Supp.782 (CIT) 1993), decided that once an‘‘All Others’’ rate is established for acompany it can only be changedthrough an administrative review. Wehave determined that, in order toimplement these decisions, it isappropriate to reinstate the ‘‘All Others’’rate from the LTFV investigation (or thatrate as amended for correction ofclerical errors or as a result of litigation)in proceedings governed byantidumping duty orders. Therefore, weare reinstating the ‘‘All Others’’ ratemade effective by the finaldetermination of sales at LTFV (seeColor Pictures Tubes, 52 FR 44171,November 18, 1987).This notice also serves as apreliminary reminder to importers oftheir responsibility under 19 C.F.R.353.26 to file a certificate regarding thereimbursement of antidumping dutiesprior to liquidation of the relevantentries during this review period.Failure to comply with this requirementcould result in the Secretary’spresumption that reimbursement ofantidumping duties occurred and thesubsequent assessment of doubleantidumping duties.This administrative review and noticeare in accordance with section 751(a)(1)of the Act (19 U.S.C. 1675(a)(1)) and 19C.F.R. 353.22.Dated: January 30, 1997.Robert S. LaRussa,Acting Assistant Secretary for ImportAdministration.[FR Doc. 97–3361 Filed 2–10–97; 8:45 am]BILLING CODE 3510–DS–P[A–533–808]Certain Stainless Steel Wire Rod FromIndia; Preliminary Results of NewShipper Antidumping DutyAdministrative ReviewAGENCY: Import Administration,International Trade Administration,Department of Commerce.ACTION: Notice of preliminary results ofnew shipper antidumping dutyadministrative review; Certain stainlesssteel wire rod from India.SUMMARY: The Department of Commerce(the Department) is conducting a newshipper administrative review of theantidumping duty order on certainstainless steel wire rods (SSWR) fromIndia in response to a request by onemanufacturer/exporter, Isibars Limited(Isibars). This review covers sales of thismerchandise to the United States duringthe period January 1, 1996 through June30, 1996.We have preliminarily determinedthat sales have not been made belownormal value (NV). If these preliminaryresults are adopted in our final resultsof administrative review, we willinstruct the U.S. Customs Service toliquidate subject entries without regardto antidumping duties.Interested parties are invited tocomment on these preliminary results.Parties who submit argument arerequested to submit with the argument(1) a statement of the issue and (2) abrief summary of the argument.EFFECTIVE DATE: February, 11, 1997.FOR FURTHER INFORMATION CONTACT:Donald Little or Maureen Flannery,Import Administration, InternationalTrade Administration, U.S. Departmentof Commerce, 14th Street andConstitution Avenue, N.W., WashingtonD.C. 20230; telephone (202) 482–4733.Applicable Statute and RegulationsUnless otherwise indicated, allcitations to the statute are references tothe provisions effective January 1, 1995,the effective date of the amendmentsmade to the Tariff Act of 1930 (the Act)by the Uruguay Round Agreements Act(URAA). In addition, unless otherwiseindicated, all citations to theDepartment’s regulations are to thecurrent regulations, as amended by theinterim regulations published in theFederal Register on May 11, 1995 (60FR 25130).SUPPLEMENTARY INFORMATION:BackgroundOn June 28, 1996, the Departmentreceived a request from Isibars for a newshipper review pursuant to section751(a)(2)(B) of the Act and section353.22(h) of the Department’s interimregulations, which governdeterminations of antidumping dutiesfor new shippers. These provisions statethat, if the Department receives arequest for review from an exporter orproducer of the subject merchandisestating that it did not export themerchandise to the United States duringthe period of investigation (POI) andthat such exporter and producer is notaffiliated with any exporter or producerwho exported the subject merchandiseduring that period, the Department shallconduct a new shipper review toestablish an individual weightedaveragedumping margin for suchexporter or producer, if the Departmenthas not previously established such amargin for the exporter or producer. Toestablish these facts, the exporter orproducer must include with its request,with appropriate certification: (i) thedate on which the merchandise was firstentered, or withdrawn from warehouse,for consumption, or, if it cannot certifyas to the date of first entry, the date onwhich it first shipped the merchandise