[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Notices]
[Pages 6630-6631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3757]
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DEPARTMENT OF COMMERCE
[C-201-003]
Ceramic Tile from Mexico; Amended Revocation of the
Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Amended Revocation of the Countervailing Duty Order.
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SUMMARY: On September 6, 1995, the Court of Appeals for the Federal
Circuit (the CAFC) held that the Department of Commerce (the
Department) lacks statutory authority to impose countervailing duties
on dutiable goods imported by Mexico after April 23, 1985. Pursuant to
this decision, on January 31, 1996, the Court of International Trade
(CIT) ordered the Department to revoke the countervailing duty order on
ceramic tile from Mexico effective April 23, 1985, and to instruct the
U.S. Customs Service to refund any estimated countervailing duties at
issue in this case that were deposited by plaintiffs during the period
January 1, 1986 through December 31, 1986. In accordance with the CIT's
order, we are hereby amending the revocation of the countervailing duty
order on ceramic tile from Mexico to be effective April 23, 1985,
instead of January 1, 1995 (60 FR 40568; August 9, 1995).
EFFECTIVE DATE: February 21, 1996.
FOR FURTHER INFORMATION CONTACT: Gayle Longest or Kelly Parkhill at the
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 May 9, 1989 (54 FR 19930), the Department published the final
results of administrative review of the countervailing duty order on
ceramic tile from Mexico, covering the period January 1, 1986, through
December 31, 1986. (54 FR 19930) On May 5, 1994, the CIT upheld the
Department's final results of administrative review with respect to the
issue whether the Department had authority to impose countervailing
duties on ceramic tile from Mexico after April 23, 1985 when Mexico was
designated as a ``country under the agreement,'' pursuant to its
commitments under a bilateral agreement, Understanding between the
United States and Mexico Regarding Subsidies and Countervailing Duties.
However, the CIT remanded the case to
[[Page 6631]]
the Department to recalculate the country-wide countervailing duty
rate. Ceramica Regiomontana S.A., et al. v. United States, Court No.
89-06-00323, Slip Op. 94-74 (May 5, 1994). On September 14, 1994, the
CIT affirmed the Department's redetermination upon remand. Slip Op. 94-
142. On September 6, 1995, the CAFC reversed the CIT's decision
regarding the issue of whether the Department had authority to impose
duties on entries of subject merchandise made after Mexico became a
``country under the Agreement.'' Ceramica Regiomontana S.A., et al. v.
United States, 64 F.3d 1579 (Fed. Cir. 1995). The CAFC held that,
absent an injury determination by the International Trade Commission,
the Department lacks statutory authority to impose countervailing
duties on dutiable goods imported by Mexico after April 23, 1985.
Accordingly, the CIT ordered the Department to revoke the 1982
Order effective April 23, 1985. According to that order, the Department
is to ``instruct the U.S. Customs Service to refund any estimated
countervailing duties that were deposited with the U.S. Customs Service
during the period January 1, 1986 through December 31, 1986 with
respect to ceramic tile from Mexico manufactured by (1) Ceramica
Regiomontana, S.A.; (2) Ceramicas Y Pisos Industriales De Culiacan,
S.A. de C.V.; and (3) Industrias Intercontinental, S.A., covered by
entries that remained unliquidated at the close of business on February
2, 1995, together with interest calculated as provided in 19 U.S.C.
Sec. 1677g.'' Slip Op. 96-28.
Amended Revocation
Pursuant to the CIT's order of January 31, 1996, the Department is
hereby amending the revocation of the countervailing duty order on
ceramic tile from Mexico to be effective for all entries made on or
after April 23, 1985. We will instruct the U.S. Customs Service to
refund cash deposits for entries of this merchandise manufactured by
(1) Ceramica Regiomontana, S.A.; (2) Ceramicas Y Pisos Industriales De
Culiacan, S.A. De C.V.; and (3) Industrias Intercontinental, S.A.,
during the period January 1, 1986 through December 31, 1986. Certain
other entries of the subject merchandise are the subject of related
ligitation. Upon issuance of appropriate court orders in those cases,
we will issue liquidation instructions covering those entries.
This notice is in accordance with section 516(a)(e) of the Act.
Dated: February 12, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-3757 Filed 2-20-96; 8:45 am]
BILLING CODE 3510-DS-P
