97-32062. Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From the United Kingdom; Preliminary Results of Countervailing Duty Administrative Review  

  • [Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
    [Notices]
    [Pages 64568-64572]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-32062]
    
    
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    DEPARTMENT OF COMMERCE
    
    International Trade Administration
    [C-412-811]
    
    
    Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From 
    the United Kingdom; Preliminary Results of Countervailing Duty 
    Administrative Review
    
    AGENCY: Import Administration, International Trade Administration, 
    Department of Commerce.
    
    ACTION: Notice of preliminary results of countervailing duty 
    administrative review.
    
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    SUMMARY: The Department of Commerce is conducting an administrative 
    review of the countervailing duty order on certain hot-rolled lead and 
    bismuth carbon steel products from the United Kingdom. The period 
    covered by this administrative review is January 1, 1996 through 
    December 31, 1996. For information on the net subsidy for each reviewed 
    company, as well for all non-reviewed companies, please see the 
    ``Preliminary Results of Review'' section of this notice. If the final 
    results remain the same as these preliminary results of administrative 
    review, we will instruct the U.S. Customs Service to assess 
    countervailing duties as indicated in the ``Preliminary Results of 
    Review'' section of this notice. Interested parties are invited to 
    comment on these preliminary results.
    
    EFFECTIVE DATE: December 8, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Christopher Cassel, Suzanne King, or 
    Dana Mermelstein, 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
    
        On March 22, 1993, the Department of Commerce (the Department) 
    published in the Federal Register (58 FR 15327) the countervailing duty 
    order on certain hot-rolled lead and bismuth carbon steel products from 
    the United Kingdom. On March 7, 1997, the Department published a notice 
    of ``Opportunity to Request an Administrative Review'' (62 FR 10521) of 
    this countervailing duty order. We received a timely request for review 
    from Inland Steel Bar Co., an interested party to this proceeding. We 
    initiated the review, covering the period January 1, 1996, through 
    December 31, 1996, on April 24, 1997 (62 FR 19988).
        In accordance with 19 CFR 355.22(a), this review covers only those 
    producers or exporters for which a review was specifically requested. 
    Accordingly, this review covers British Steel Engineering Steels 
    Holdings, British Steel Engineering Steels Limited, and British Steel 
    plc.
    
    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 hot-rolled bars and rods of non-
    alloy or other alloy steel, whether or not descaled, containing by 
    weight 0.03 percent or more of lead or 0.05 percent or more of bismuth, 
    in coils or cut lengths, and in numerous shapes and sizes. Excluded 
    from the scope of this review are other alloy steels (as defined by the 
    Harmonized Tariff Schedule of the United States (HTSUS) Chapter 72, 
    note 1(f)), except steels classified as other alloy steels by reason of 
    containing by weight 0.4 percent or more of lead or 0.1 percent or more 
    of bismuth, tellarium, or selenium. Also excluded are semi-finished 
    steels and flat-rolled products. Most of the products covered in this 
    review are provided for under subheadings 7213.20.00.00 and 
    7214.30.00.00 of the HTSUS. Small quantities of these products may also 
    enter the United States under the following HTSUS subheadings: 
    7213.31.30.00, 60.00; 7213.39.00.30, 00.60, 00.90; 7214.40.00.10, 
    00.30, 00.50; 7214.50.00.10, 00.30, 00.50; 7214.60.00.10, 00.30, 00.50; 
    and 7228.30.80. Although the HTSUS subheadings are provided for 
    convenience and for Customs purposes, our written description of the 
    scope of this proceeding is dispositive.
    
    Change in Ownership
    
    (I) Background
    
        On March 21, 1995, British Steel plc (BS plc) acquired all of 
    Guest, Keen & Nettlefolds' (GKN) shares in United Engineering Steels 
    (UES), the company which produced and exported the subject merchandise 
    to the United States during the original investigation. Thus, UES 
    became a wholly-owned subsidiary of BS plc and was renamed British 
    Steel Engineering Steels (BSES).
        Prior to this change in ownership, UES was a joint venture company 
    formed in 1986 by British Steel Corporation (BSC), a government-owned 
    company, and GKN. In return for shares in UES, BSC contributed a major 
    portion of its Special Steels Business, the productive unit which 
    produced the subject merchandise. GKN contributed its Brymbo Steel 
    Works and its forging business to the joint venture. BSC was privatized 
    in 1988 and now bears the name BS plc.
        In the investigation of this case, the Department found that BSC 
    had received a number of nonrecurring subsidies prior to the 1986 
    transfer of its Special Steels Business to UES. See Final Affirmative 
    Countervailing Duty Determination: Certain Hot-Rolled Lead and Bismuth 
    Carbon Steel Products From the United Kingdom, 58 FR 6237, 6243 
    (January 27, 1993) (Lead Bar).
    
    [[Page 64569]]
    
    Further, the Department determined that the sale to UES did not alter 
    these previously bestowed subsidies, and thus the portion of BSC's pre-
    1986 subsidies attributable to its Special Steels Business transferred 
    to UES. Lead Bar at 6240.
        In the 1993 certain steel products investigations, the Department 
    modified the allocation methodology developed for Lead Bar. 
    Specifically, the Department stated that it would no longer assume that 
    all subsidies allocated to a productive unit follow it when it is sold. 
    Rather, when a productive unit is spun-off or acquired, a portion of 
    the sales price of the productive unit represents the reallocation of 
    prior subsidies. See the General Issues Appendix (GIA), appended to the 
    Final Countervailing Duty Determination; Certain Steel Products From 
    Austria, 58 FR 37217, 37269 (July 9, 1993) (Certain Steel). In a 
    subsequent Remand Determination, the Department aligned Lead Bar with 
    the methodology set forth in the ``Privatization'' and 
    ``Restructuring'' sections of the GIA. Certain Hot-Rolled Lead and 
    Bismuth Carbon Steel Products from the United Kingdom: Remand 
    Determination (October 12, 1993) (Remand).
    
    (II) Analysis of BS plc's Acquisition of UES
    
        On March 21, 1995, BS plc acquired 100 percent of UES. In 
    determining how this change in ownership affects our attribution of 
    subsidies to the subject merchandise, we relied on Section 771(5)(F) of 
    the Act, which states that a change in ownership does not require a 
    determination that past subsidies received by an enterprise are no 
    longer countervailable, even if the transaction is accomplished at 
    arm's length. The Statement of Administrative Action, H.R. Doc. No. 
    316, 103d Cong., 2d Sess. (1994) (SAA), explains that the aim of this 
    provision is to prevent the extreme interpretation that the arm's 
    length sale of a firm automatically, and in all cases, extinguishes any 
    prior subsidies conferred. While the SAA indicates that the Department 
    retains the discretion to determine whether and to what extent a change 
    in ownership eliminates past subsidies, it also indicates that this 
    discretion must be exercised carefully by considering the facts of each 
    case. SAA at 928.
        In accordance with the Act and the SAA, we examined the facts of BS 
    plc's acquisition of GKN's shares of UES, and we determined that the 
    change in ownership does not render previously bestowed subsidies 
    attributable to UES no longer countervailable. However, we also 
    determined that a portion of the purchase price paid for UES is 
    attributable to its prior subsidies. Therefore, we reduced the amount 
    of the subsidies that ``traveled'' with UES to BS plc, taking into 
    account the allocation of subsidies to GKN, the former joint-owner of 
    UES. See Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From 
    the United Kingdom; Final Results of Countervailing Duty Administrative 
    Review, 62 FR 53306 (October 14, 1997) (Lead Bar 95 Final Results) and 
    Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From the 
    United Kingdom; Preliminary Results of Countervailing Duty 
    Administrative Review, 62 FR 16555 (April 7, 1997) (Lead Bar 95 
    Preliminary Results). To calculate the amount of UES's subsidies that 
    passed through to BS plc as a result of the acquisition, we applied the 
    methodology described in the ``Restructuring'' section of the GIA. See 
    GIA, 58 FR at 37268-37269. This determination is in accordance with our 
    changes in ownership finding in Final Affirmative Countervailing Duty 
    Determination; Pasta From Italy, 61 FR 30288, 30289-30290 (June 14, 
    1996), and our finding in the 1994 administrative review of this case, 
    in which we determined that ``[t]he URAA is not inconsistent with and 
    does not overturn the Department's General Issues Appendix methodology 
    or its findings in the Lead Bar Remand Determination.'' Certain Hot-
    Rolled Lead and Bismuth Carbon Steel Products From the United Kingdom; 
    Final Results of Countervailing Duty Administrative Review, 61 FR 
    58377, 58379 (November 14, 1996).
        With the acquisition of UES, we also had to determine whether BS 
    plc's remaining subsidies are attributable to the subject merchandise. 
    Where the Department finds that a company has received untied 
    countervailable subsidies, to determine the countervailing duty rate, 
    the Department attributes those subsidies to that company's total sales 
    of domestically produced merchandise, including the sales of 100-
    percent-owned domestic subsidiaries. If the subject merchandise is 
    produced by a subsidiary company, and the only subsidies in question 
    are the untied subsidies received by the parent company, the 
    countervailing duty rate calculation for the subject merchandise is the 
    same as described above. Similarly, if such a company purchases another 
    company, as was the case with BS plc's purchase of UES, then the 
    current benefit from the parent company's allocable untied subsidies is 
    attributed to total sales, including the sales of the newly acquired 
    company. See, e.g., GIA, 58 FR at 3762 (``the Department often treats 
    the parent entity and its subsidiaries as one when determining who 
    ultimately benefits from a subsidy''); Final Affirmative Countervailing 
    Duty Determinations: Certain Steel Products from Germany, 58 FR 37315 
    (July 9, 1993). Accordingly, in the Lead Bar 95 Final Results, we 
    determined that it is appropriate to collapse BSES with BS plc for 
    purposes of calculating the countervailing duty for the subject 
    merchandise. BSES, as a wholly-owned subsidiary of BS plc, continues to 
    benefit from the remaining benefit stream of BS plc's untied subsidies.
        In collapsing UES with BS plc, we also determined that UES's untied 
    subsidies ``rejoined'' BS plc's pool of subsidies with the company's 
    1995 acquisition. All of these subsidies were untied subsidies 
    originally bestowed upon BSC (BS plc). After the formation of UES in 
    1986, the subsidies that ``traveled'' with the Special Steels Business 
    were also untied, and were found to benefit UES as a whole. See Lead 
    Bar 95 Final Results; Lead Bar 95 Preliminary Results.
    
    (III) Calculation of Benefit
    
        To calculate the countervailing duty rate for the subject 
    merchandise in 1996, we first determined BS plc's benefits in 1996, 
    taking into account all spin-offs of productive units (including the 
    Special Steel Business) and BSC's full privatization in 1988. See Final 
    Affirmative Countervailing Duty Determination; Certain Steel Products 
    from the United Kingdom, 58 FR 37393 (July 9, 1993) (UK Certain Steel). 
    We then calculated the amount of UES's subsidies that ``rejoined'' BS 
    plc after the 1995 acquisition, taking into account the reallocation of 
    subsidies to GKN. See Lead Bar 95 Final Results; Lead Bar 95 
    Preliminary Results. As indicated above, in determining both these 
    amounts, we followed the methodology outlined in the GIA. After adding 
    BS plc's and UES's benefits for each program, we then divided that 
    amount by BS plc's total sales of merchandise produced in the United 
    Kingdom in 1996.
    
    Allocation Methodology
    
        In British Steel plc v. United States, 879 F. Supp. 1254 (CIT 
    1995), the U.S. Court of International Trade ruled against the 
    Department's allocation methodology, which relied on U.S. Internal 
    Revenue Service information on the industry specific average useful 
    life
    
    [[Page 64570]]
    
    of assets for determining the allocation period for non-recurring 
    subsidies. In accordance with the Court's remand order, the Department 
    calculated a company-specific allocation period based on the AUL of 
    non-renewable physical assets for BS plc. This allocation period was 18 
    years. This remand determination was affirmed by the Court on June 4, 
    1996. British Steel plc v. United States, 929 F. Supp. 426, 439 (CIT 
    1996).
        The Department's acquiescence to the CIT's decision in the Certain 
    Steel cases resulted in different allocation periods between the UK 
    Certain Steel and Lead Bar proceedings (18 years vs. 15 years). 
    Different allocation periods for the same subsidies in two proceedings 
    involving the same company generate significant inconsistencies. 
    Moreover, UES became a wholly-owned subsidiary of BS plc in 1995. In 
    the 1995 review of Lead Bar, in order to maintain a consistent 
    allocation period across the UK Certain Steel and Lead Bar proceedings, 
    as well as in the different segments of Lead Bar, we altered the 
    allocation methodology previously used to determine the allocation 
    period for non-recurring subsidies previously bestowed on BSC and 
    attributed to UES. In the 1995 review, we applied the company-specific 
    18-year allocation period to all non-recurring subsidies. See Lead Bar 
    95 Final Results. Based on our decision in the 1995 administrative 
    review of this order, we preliminarily determine that it is appropriate 
    in this review to continue to allocate all of BSC's non-recurring 
    subsidies over BS plc's company-specific average useful life of 
    renewable physical assets (i.e., 18 years).
    
    Analysis of Programs
    
    I. Programs Conferring Subsidies
    
    (A) Equity Infusions
        In each year from 1978/79 through 1985/86, BSC/BS plc received 
    equity capital from the Secretary of State for Trade and Industry 
    pursuant to section 18(1) of the Iron and Steel Acts 1975, 1981, and 
    1982. According to section 18(1), the Secretary of State for the 
    Department of Trade and Industry may ``pay to the Corporation (BSC) 
    such funds as he sees fit.'' The Government of the United Kingdom's 
    equity investments in BSC/BS plc were made pursuant to an agreed 
    external financing limit which was based upon medium-term financial 
    projections. BSC's performance was monitored by the Government of the 
    United Kingdom on an ongoing basis and requests for capital were 
    examined on a case-by-case basis. The UK government did not receive any 
    additional ownership, such as stock or additional rights, in return for 
    the capital provided to BSC/BS plc under section 18(1) since it already 
    owned 100 percent of the company.
        In Lead Bar (58 FR at 6241), the Department found BSC/BS plc to be 
    unequityworthy from 78/79 through 1985/86, and thus determined that the 
    Government of the United Kingdom's equity infusions were inconsistent 
    with commercial considerations. Although, prior to the formation of 
    UES, BSC's section 18(1) equity capital was written off in two stages 
    (3,000 million in 1981 and 1,000 million in 
    1982) as part of a capital reconstruction of BSC, the Department 
    determined that BSC/BS plc benefitted from these equity infusions, 
    notwithstanding the subsequent write-off of equity capital. Therefore, 
    the Department countervailed the equity investments as grants given in 
    the years the equity capital was received. No new information or 
    evidence of changed circumstances was presented in this review to 
    warrant a reconsideration of that finding.
        Because the Department determined in Lead Bar that the infusions 
    are non-recurring, we have allocated the benefits over BS plc's 
    company-specific average useful life of renewable physical assets (18 
    years).
        Although uncreditworthiness was not specifically alleged or 
    investigated during the investigation on lead bar, in UK Certain Steel 
    the Department found that BSC/BS plc was uncreditworthy from 1977/78 
    through 1985/86. 58 FR at 37395. No new information or evidence of 
    changed circumstances was presented in this review to warrant a 
    reconsideration of that finding. Therefore, we have used a discount 
    rate which includes a risk premium to calculate the benefit from the 
    grants. See, e.g., Final Affirmative Countervailing Duty 
    Determinations: Certain Steel Products From Mexico, 58 FR 37352, 37354 
    (July 9, 1993) (Mexican Steel).
        To calculate the benefit to the subject merchandise from this 
    program, we first summed the benefit to BS plc from all infusions 
    allocated to 1996. Then, we determined the portion of that benefit 
    still remaining with BS plc after accounting for privatization and 
    spin-offs. To that we added the portion of UES's subsidies under this 
    program that ``rejoined'' BS plc with the acquisition. See the ``Change 
    in Ownership'' section of the notice. We then divided the result by BS 
    plc's total sales of merchandise produced in the United Kingdom in 
    1996. On this basis, we preliminarily determine the net subsidy for 
    this program to be 4.69 percent ad valorem in 1996.
    (B) Regional Development Grant Program
        Regional development grants were paid to BSC/BS plc under the 
    Industry Act of 1972 and the Industrial Development Act of 1982. In 
    order to qualify for assistance under these two Acts, an applicant had 
    to be engaged in manufacturing and located in an assisted area. 
    Assisted areas are older, industrial regions identified as having deep-
    seated, long-term problems such as high levels of unemployment, 
    migration, slow economic growth, derelict land, and obsolete factory 
    buildings. Regional development grants were given for the purchase of 
    specific assets. According to the Government of the United Kingdom, the 
    program involved one-time grants, sometimes disbursed over several 
    years.
        BSC/BS plc received regional development grants during the period 
    between fiscal years 1978/79 and 1985/86. The Department found this 
    program countervailable in Lead Bar (58 FR at 6242), because it is 
    limited to specific regions. No new information or evidence of changed 
    circumstances was presented in this review to warrant a reconsideration 
    of that finding.
        In Lead Bar, we determined that, because each grant required a 
    separate application, these grants are non-recurring. Accordingly, we 
    have calculated the benefits from this program by allocating the 
    benefits over BS plc's company-specific average useful life of 
    renewable physical assets (18 years). Since BSC/BS plc was 
    uncreditworthy from 1978/79 through 1985/86 (as discussed under the 
    ``Equity Infusions'' section, above), we have used a discount rate 
    which includes a risk premium (see Mexican Steel, 58 FR at 37354) to 
    calculate the benefits from these grants.
        To calculate the benefit from this program, we followed the 
    methodology described above in the section on ``Equity Infusions''. On 
    this basis, we preliminarily determine the net subsidy for this program 
    to be 0.15 percent ad valorem in 1996.
    (C) National Loan Funds Loan Cancellation
        In conjunction with the 1981/1982 capital reconstruction of BSC, 
    section 3(1) of the Iron and Steel Act of 1981 extinguished certain 
    National Loans Fund (NLF) loans, as well as the interest accrued 
    thereon, at the end of BSC's 1980/81 fiscal year. Because this loan 
    cancellation was provided specifically to BSC, the Department 
    determined in Lead Bar (58 FR at 6242) that it provided a 
    countervailable benefit. No
    
    [[Page 64571]]
    
    new information or evidence of changed circumstances was presented in 
    this review to warrant a reconsideration of that finding.
        We calculated the benefit for this review using our standard 
    methodology for non-recurring grants. We allocated the benefits from 
    this loan cancellation over BS plc's company-specific average useful 
    life of renewable physical assets (18 years). Because BSC/BS plc was 
    found to be uncreditworthy in 1981/82 (as discussed under ``Equity 
    Infusions'' section, above), we have used a discount rate which 
    includes a risk premium. See Mexican Steel, 58 FR at 37354.
        To calculate the benefit from this program, we followed the 
    methodology described above in the section on ``Equity Infusions''. On 
    this basis, we preliminarily determine the net subsidy for this program 
    to be 0.44 percent ad valorem in 1996.
    
    II. Programs Preliminarily Determined To Be Not Used
    
        We examined the following programs and preliminarily find that the 
    producers and/or exporters of the subject merchandise subject to this 
    review did not apply for or receive benefits under these programs 
    during the POR:
    
    (A) New Community Instrument Loans
    (B) ECSC Article 54 Loan Guarantees
    (C) NLF Loans
    (D) ECSC Conversion Loans
    (E) European Regional Development Fund Aid
    (F) Article 56 Rebates
    (G) Regional Selective Assistance
    (H) ECSC Article 56(b)(2) Redeployment Aid
    (I) Inner Urban Areas Act of 1978
    (J) LINK Initiative
    (K) European Coal and Steel Community (ECSC) Article 54 Loans/Interest 
    Rebates
    
    III. Program Previously Determined To Be Terminated
    
    Transportation Assistance
        The Department found this program to be terminated in the 1995 
    administrative review of this countervailing duty order. See Lead Bar 
    1995 Final Results.
    
    IV. Other Programs Examined
    
        We also examined the following programs:
    
    BRITE/EuRAM and Standards Measurement and Testing Program
    
        BS plc received assistance under these two European Union programs 
    to fund research and development. The European Union claimed that 
    assistance provided under both of these programs is non-countervailable 
    in accordance with Article 8.2(a) of the WTO Agreement on Subsidies and 
    Countervailing Measures and section 771(5B)(B) of the Act (which 
    provide that certain research and development subsidies are not 
    countervailable). We preliminarily determine that it is not necessary 
    to determine whether BRITE/EuRAM and the Standards Measurement and 
    Testing Program qualify for non-countervailable treatment because 
    combined, the assistance provided under both of these programs would 
    result in a rate of less than 0.005 percent ad valorem, and thus would 
    have no impact on the overall countervailing duty rate calculated for 
    this POR. For this same reason we have not conducted a specificity 
    analysis of these programs. See, e.g., Final Affirmative Countervailing 
    Duty Determination: Steel Wire Rod from Germany, 62 FR 54990, 54995-
    54996 (October 22, 1997); Certain Carbon Steel Products from Sweden; 
    Final Results of Countervailing Duty Administrative Review, 62 FR 16549 
    (April 7, 1997) and Certain Carbon Steel Products from Sweden; 
    Preliminary Results of Countervailing Duty Administrative Review, 61 FR 
    64062, 64065 (December 3, 1996); Final Negative Countervailing Duty 
    Determination: Certain Laminated Hardwood Trailer Flooring (``LHF'') 
    From Canada, 62 FR 5201 (February 4, 1997); Industrial Phosphoric Acid 
    From Israel; Final Results of Countervailing Duty Administrative 
    Review, 61 FR 53351 (October 11, 1996) and Industrial Phosphoric Acid 
    From Israel; Preliminary Results of Countervailing Duty Administrative 
    Review, 61 FR 28845 (June 6, 1996).
    
    Preliminary Results of Review
    
        In accordance with 19 CFR 355.22(c)(4)(ii), we have calculated an 
    individual subsidy rate for each producer/exporter subject to this 
    administrative review. As discussed in the ``Change in Ownership'' 
    section of the notice, above, we are treating British Steel plc and 
    British Steel Engineering Steels as one company for purposes of this 
    proceeding. For the period January 1, 1996 through December 31, 1996, 
    we preliminarily determine the net subsidy for British Steel plc/
    British Steel Engineering Steels (BS plc/BSES) to be 5.28 percent ad 
    valorem. If the final results of this review remain the same as these 
    preliminary results, the Department intends to instruct the U.S. 
    Customs Service to assess countervailing duties for BS plc/BSES at 5.28 
    percent ad valorem. The Department also intends to instruct the U.S. 
    Customs Service to collect a cash deposit of 5.28 percent of the f.o.b. 
    invoice price on all shipments of the subject merchandise from BS plc/
    BSES/UES, 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 section 777A(e)(2)(B) of the Act. The requested review 
    will normally cover only those companies specifically named. See 19 CFR 
    355.22(a). Pursuant to 19 CFR 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 
    request for 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 353.22(e), the antidumping regulation on automatic 
    assessment, which is identical to 19 CFR 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. See 
    Certain Hot-Rolled Lead and Bismuth Carbon Steel Products from the 
    United Kingdom; Final Results of Countervailing Duty Administrative 
    Review, 60 FR 54841 (October 26, 1995). These rates shall apply to all 
    non-reviewed companies until a review of a company assigned these rates 
    is requested. In addition, for the period January 1, 1996 through 
    December 31, 1996, the assessment rates applicable to all non-reviewed 
    companies covered by
    
    [[Page 64572]]
    
    this order are the cash deposit rates in effect at the time of entry.
    
    Public Comment
    
        Parties to the proceeding may request disclosure of the calculation 
    methodology; interested parties may request a hearing not later than 10 
    days after the date of publication of this notice. Interested parties 
    may submit written arguments 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. Parties who submit 
    argument in this proceeding are requested to submit with the argument 
    (1) a statement of the issue and (2) a brief summary of the argument. 
    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.
        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, under 19 CFR 355.38, 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 Act (19 U.S.C. 1675(a)(1)).
    
        Dated: December 1, 1997.
    Robert S. LaRussa,
    Assistant Secretary for Import Administration.
    [FR Doc. 97-32062 Filed 12-5-97; 8:45 am]
    BILLING CODE 3510-DS-P
    
    
    

Document Information

Effective Date:
12/8/1997
Published:
12/08/1997
Department:
International Trade Administration
Entry Type:
Notice
Action:
Notice of preliminary results of countervailing duty administrative review.
Document Number:
97-32062
Dates:
December 8, 1997.
Pages:
64568-64572 (5 pages)
Docket Numbers:
C-412-811
PDF File:
97-32062.pdf