[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Notices]
[Pages 51635-51636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26194]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-401-056]
Viscose Rayon Staple Fiber From Sweden; Final Results of
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of countervailing duty administrative
review.
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SUMMARY: On June 6, 1997, the Department of Commerce (``the
Department'') published in the Federal Register its preliminary results
of administrative review of the countervailing duty order on viscose
rayon staple fiber from Sweden for the period January 1, 1995 through
December 31, 1995 (62 FR 31079). The Department has now completed this
administrative review in accordance with section 751(a) of the Tariff
Act of 1930, as amended. For information on the net subsidy for each
reviewed company, and for all non-reviewed companies, please see the
Final Results of Review section of this notice. We will instruct the
U.S. Customs Service to assess countervailing duties as detailed in the
Final Results of Review section of this notice.
EFFECTIVE DATE: October 2, 1997.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Russell Morris,
Office of CVD/AD Enforcement VI, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)
482-2786.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to 19 CFR 355.22(a), this review covers only those
producers or exporters of the subject merchandise for which a review
was specifically requested. Accordingly, this review covers Svenska
Rayon AB (Svenska). This review also covers the period January 1, 1995
through December 31, 1995, and ten programs.
[[Page 51636]]
We published the preliminary results on June 6, 1997 (62 FR 31079).
We invited interested parties to comment on the preliminary results. We
received no comments from any of the parties.
Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions of the Tariff Act of 1930, as amended by
the Uruguay Round Agreements Act (URAA) effective January 1, 1995 (the
Act). The Department is conducting this administrative review in
accordance with section 751(a) of the Act.
Scope of the Review
Imports covered by this review are shipments from Sweden of regular
viscose rayon staple fiber from Sweden of regular viscose rayon staple
fiber and high-wet modulus (modal) viscose rayon staple fiber. Such
merchandise is classifiable under item number 5504.10.00 of the
Harmonized Tariff Schedule (HTS). The HTS item is provided for
convenience and Customs purposes. The written description remains
dispositive.
Analysis of Programs
Based upon the responses to our questionnaire, we determine the
following:
I. Programs Found Not To Confer Subsidies
A. Investment Grants from the Working Life Fund
B. Recruitment Incentive Program
C. Trainee Temporary Replacement
D. Recruitment Subsidy Program
In the preliminary results, we found that these programs did not
confer countervailable subsidies on the subject merchandise. We did not
receive any comments on these programs from the interested parties, and
our review of the record has not led us to change our findings from the
preliminary results. We will examine the Recruitment Subsidy Program in
any future administrative reviews of this order because we did not make
a specificity determination in this review since, even if the program
were found to be specific, the subsidy rate would be so small that it
would not change the overall subsidy rate of Svenska.
II. Programs Found To Be Not Used
In the preliminary results, we found that Svenska did not apply for
or receive benefits under the following programs:
A. Manpower Reduction Grants
B. Grants for Temporary Employment for Public Works
C. Regional Development Grant
D. Transportation Grants
E. Location-of-Industry Loans
We did not receive any comments on these programs from the
interested parties, and our review of the record has not led us to
change our findings from the preliminary results.
III. Programs Found To Be Terminated
In the preliminary results, we found the following program to be
terminated and that no residual benefits were being provided:
Elderly Employment Compensation Program
We did not receive any comments on this program from the interested
parties, and our review of the record has not led us to change our
findings from the preliminary results.
Final Results of Review
For the reasons discussed in the preliminary determination, we
determine that no countervailable subsidies were conferred on Svenska
for the period January 1, 1995 through December 31, 1995. We will
instruct the U.S. Customs Service (``Customs'') to liquidate without
regard to countervailing duties, all shipments of this merchandise
exported on or after January 1, 1995, and on or before December 31,
1995. The Department will also instruct Customs to collect a cash
deposit of estimated countervailing duties of zero percent ad valorem,
as provided for by section 751(a) of the Act, on all shipments of this
merchandise from Svenska, entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review.
Because the URAA replaced the general rule in favor of a country-
wide rate with a general rule in favor of individual rates for
investigated and reviewed companies, the procedures for establishing
countervailing duty rates, including those for non-reviewed companies,
are now essentially the same as those in antidumping cases, except as
provided for in Sec. 777A(e)(2)(B) of the Act. The requested review
will normally cover only those companies specifically named. See 19 CFR
Sec. 355.22(a) (1997). Pursuant to 19 CFR Sec. 355.22(g), for all
companies for which a review was not requested, duties must be assessed
at the cash deposit rate, and cash deposits must continue to be
collected at the rate previously ordered. As such, the countervailing
duty cash deposit rate applicable to a company can no longer change,
except pursuant to a review of that company. See Federal-Mogul
Corporation and The Torrington Company v. United States, 822 F.Supp.
782 (CIT 1993) and Floral Trade Council v. United States, 822 F.Supp.
766 (CIT 1993) (interpreting 19 CFR Sec. 353.22(e), the antidumping
regulation on automatic assessment, which is virtually identical to 19
CFR Sec. 355.22(g)). Therefore, the cash deposit rates for all
companies except those covered by this review will be unchanged by the
results of this review.
We will instruct Customs to continue to collect cash deposits for
non-reviewed companies at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit
rates that will be applied to non-reviewed companies covered by this
order are those established in the most recently completed
administrative proceeding conducted pursuant to the statutory
provisions that were in effect prior to the URAA amendments. These
rates shall apply to all non-reviewed companies until a review of a
company assigned these rates is conducted. In addition, for the period
January 1, 1995 through December 31, 1995, the assessment rates
applicable to all non-reviewed companies covered by this order are the
cash deposit rates in effect at the time of entry.
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR Sec. 355.34(d). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)).
Dated: September 25, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-26194 Filed 10-1-97; 8:45 am]
BILLING CODE 3510-DS-P
