[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Notices]
[Pages 8221-8222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3662]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-201-001]
Leather Wearing Apparel From Mexico; Preliminary Results of
Changed Circumstances Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of Changed Circumstances
Countervailing Duty Administrative Review.
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SUMMARY: In response to a request by the Government of Mexico (GOM),
the Department of Commerce (the Department) has conducted a changed
circumstances countervailing duty administrative review. The review
covers the period January 1, 1994 through September 30, 1994 and two
companies, Maquiladora Pieles Pitic, S.A. de C.V. (MPP) and Finapiel de
Mexico, S.A. de C.V. (Finapiel). The purpose of the review is to
reexamine the cash deposit rate for these two exporters that was set in
the final results of the last administrative review of the
countervailing duty order on leather wearing apparel from Mexico (59 FR
43815; August 25, 1994).
We preliminarily determine the cash deposit rate to be zero for
both companies. If the final results remain unchanged from these
preliminary results, we will instruct U.S. Customs to require zero cash
deposits of estimated countervailing duties on shipments of leather
wearing apparel from MPP and Finapiel.
We invite interested parties to comment on these preliminary
results.
EFFECTIVE DATE: February 13, 1995.
FOR FURTHER INFORMATION CONTACT: Brian Albright or Maria MacKay, Office
of Countervailing Compliance, 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 August 25, 1994, the Department published the final results of
the last administrative review of the countervailing duty order on
leather wearing apparel from Mexico, covering the January 1, 1992
through December 31, 1992 review period (46 FR 21357; April 10, 1981).
In that review, 65 companies which the GOM certified did not receive
benefits from the programs under review received a cash deposit rate of
zero. All other companies, which did not respond to our questionnaire,
including MPP and Finapiel, received a cash deposit rate of 13.35
percent based on best information available.
On December 1, 1994, the GOM requested a changed circumstances
review to examine the cash deposit rate applicable to MPP and Finapiel.
In its request, the GOM stated that MPP and Finapiel were excluded from
the list of GOM-certified zero-benefit recipients submitted to the
Department in the recently completed administrative review due to an
oversight by the GOM. With its request, the GOM provided company and
government certifications that MPP and Finapiel did not apply for or
receive any net subsidy during the first three quarters of 1994 from
the programs that were previously found countervailable or not-used,
and will not apply for or receive any such net subsidy in the future,
in accordance with 19 CFR 355.22(a)(2)(1994). The GOM also stated that
it has taken steps to ensure that the type of oversight which occurred
in this case will not be repeated in future administrative reviews.
On December 21, 1994 (59 FR 65755), the Department initiated a
changed circumstances review to examine the cash deposit rate for MPP
and Finapiel. We conducted verification of the certification statements
at both GOM and company offices from January 9 through January 12,
1995. At verification, we confirmed that, during the first three
quarters of 1994, MPP and Finapiel did not apply for or receive any
benefits from the programs examined by the Department in the last
administrative review. These programs were:
(A) BANCOMEXT Loans and Export Financing
(B) Certificates of Fiscal Promotion (CEPROFI)
(C) FOGAIN
(D) FONEI
(E) State Tax Incentives
(F) PITEX
(G) Import Duty Reductions and Exemptions [[Page 8222]]
(H) Article 15 Loans
The Department has conducted this review in accordance with section
751(b)(1) of the Tariff Act of 1930, as amended (the Act).
Scope of Review
Imports covered by this review are shipments of Mexican leather
wearing apparel. These products include leather coats and jackets for
men, boys, women, girls, and infants, and other leather apparel
products including leather vests, pants, and shorts. Also included are
outer leather shells and parts and pieces of leather wearing apparel.
This merchandise is currently classifiable under Harmonized Tariff
Schedule (HTS) item numbers 4203.10.4030, 4203.10.4060, 4203.10.4085
and 4203.10.4095. The HTS item numbers are provided for convenience and
Customs purposes. The written description remains dispositive.
The review covers the period January 1, 1994 through September 30,
1994 and eight programs.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Act and to the
Department's regulations are in reference to the provisions as they
existed on December 31, 1994.
Preliminary Results of Review
As a result of this review, we preliminarily determine that, during
the first three quarters of 1994, MPP and Finapiel did not receive any
benefits from the programs examined in the last administrative review
of this order. Therefore, if the final results remain the same as these
preliminary results, the Department will instruct the Customs Service
to collect zero cash deposits of estimated countervailing duties, as
provided by the Act, on shipments of Mexican leather wearing apparel
from MPP and Finapiel exported on or after the date of publication of
the final results of this review .
Interested parties may request a hearing not later than 10 days
after the date of publication of this notice (See 19 CFR 355.38(b)).
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. Any hearing,
if requested, will be held 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 section 355.38(e) of
the Commerce regulations.
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 are due (See 19 CFR 355.34(b)(1)(iii)).
The Department will publish the final results of this changed
circumstances administrative review including the results of its
analysis of issues raised in any case or rebuttal brief.
This changed circumstances administrative review and notice are in
accordance with section 751(b)(1) of the Act (19 U.S.C. 1675(b)(1)) and
19 CFR 355.22(h).
Dated: February 7, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-3662 Filed 2-10-95; 8:45 am]
BILLING CODE 3510-DS-P
