[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Notices]
[Pages 27082-27083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1250]
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DEPARTMENT OF COMMERCE
[C-614-503]
Lamb Meat From New Zealand; Final Results of Countervailing Duty
Administrative Review and Revocation of Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of countervailing duty administrative
review and revocation of countervailing duty order.
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SUMMARY: On March 1, 1995, the Department of Commerce (the Department)
published in the Federal Register its preliminary results of
administrative review of the countervailing duty order on lamb meat
from New Zealand for the period April 1, 1992, through March 31, 1993.
We have completed this review and determine the net subsidy to be
0.0013 percent ad valorem for all companies. In accordance with 19 CFR
355.7, any rate less than 0.5 percent ad valorem is de minimis. We will
instruct the U.S. Customs Service to liquidate, without regard to
countervailing duties, all shipments of this merchandise as indicated
above. In addition, because the requirements for revocation of the
order have been met by the Government of New Zealand (GONZ) pursuant to
19 CFR 355.25(a)(1), the Department is revoking the countervailing duty
order.
EFFECTIVE DATE: May 22, 1995.
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 March 1, 1995, the Department published in the Federal Register
(60 FR 11072) the preliminary results of its administrative review of
the countervailing duty order on lamb meat from New Zealand and intent
to revoke the countervailing duty order. We invited interested parties
to comment on the preliminary results and intent to revoke. We received
no comments.
The review covered the period April 1, 1992, through March 31,
1993. The review involved 9 companies and the following programs which
we verified have been terminated:
(1) Livestock Incentive Scheme (LIS)
(2) Regional Development Suspensory Loan Scheme (RDSL)
(3) Expert Assistance Grant Scheme (EAGS)
(4) The Export Market Development Taxation Incentive (EMDTI)
(5) Export Suspensory Loan Scheme (ESLS)
(6) Export Programme Grant Scheme (EPGS / Export Programme Suspensory
Loan Scheme (EPSLS)
Scope of Review
Imports covered by this review are shipments of lamb meat, other
than prepared, preserved, or processed, from [[Page 27083]] New
Zealand. This merchandise is currently classifiable under item numbers
0204.10.0000, 0204.22.2000, 0204.23.2000, 0204.30.0000, 0204.42.2000,
and 0204.43.2000 of the Harmonized Tariff Schedule (HTS). The HTS
numbers are provided for convenience and Customs purposes. The written
description remains dispositive.
Revocation of the Countervailing Duty Order
According to 19 CFR 355.25(b), a government meets the minimum
threshold requirement for revocation of an order if, in requesting the
third consecutive administrative review of the order, the government
submits a certification that the government has abolished all subsidy
programs for the subject merchandise for a period of three consecutive
years, and that the government will not reinstate the abolished
programs or substitute other countervailable programs. Under 19 CFR
355.25(a)(1)(i), the Department must have also found that there was no
net subsidy for the subject merchandise in the two consecutive
administrative reviews prior to the year in which the government
requests revocation, and in the third consecutive administrative
review, the Department must also determine that there is no net
subsidy. If the foregoing threshold requirements are met, and the
Department determines in the review during which revocation has been
requested that the government has eliminated all subsidies on the
subject merchandise for the third consecutive year, and is not likely
to substitute or replace formerly countervailable programs with new
subsidies, then the Department will revoke the order.
Based upon certification by the GONZ, as well as the Department's
administrative determinations, we have determined that the GONZ has
abolished all subsidy programs for lamb meat for a period of three
consecutive years. In addition, the GONZ has certified that it will not
reinstate the abolished programs or substitute other countervailable
programs. We therefore determine that there is no likelihood that the
GONZ will substitute or replace formerly countervailable programs with
new subsidies. Accordingly, we are revoking the countervailing duty
order.
Calculation Methodology for Assessment and Cash Deposit Purposes
We calculated the bounty or grant from the LIS, (the only
terminated program with residual benefits), on a country-wide basis by
treating the loan amounts forgiven in prior years as grants and
allocated those amounts over five years, the average useful life of
breeding stock. This methodology is described in Sec. 355.49(g) of
Countervailing Duties; Notice of Proposed Rulemaking and Request for
Public Comments (51 FR 23366, 233385; May 31, 1989). Because the 1988
grant under this program was allocated over five years, we find that a
benefit was conferred during the review period; however, this is the
last year of the five-year benefit stream and no further benefits will
be provided under these LIS loans. The discount rate chosen was the
average interest rate on overdrafts during the year in which the loans
were forgiven.
The methodology and discount rate are the same used in previous
administrative reviews (see e.g. Lamb Meat from New Zealand;
Preliminary Results of Countervailing Duty Administrative Review (56 FR
27243; June 13, 1991) and Lamb Meat from New Zealand; Final Results of
Countervailing Duty Administrative Review (56 FR 38423; August 13,
1991). We added the value of the benefits from the grants and
multiplied the results by a factor determined to represent the value of
lamb meat as a percentage of the total value of all livestock
production. We then divided that result by the total value of lamb meat
production during the review period. The country-wide rate calculated
using this methodology was de minimis, as defined by 19 CFR Sec. 355.7.
Final Results of Review
For the period April 1, 1992, through March 31, 1993, we determine
the net subsidy to be 0.0013 percent ad valorem for all companies. In
accordance with 19 CFR Sec. 355.7, any rate less than 0.5 percent ad
valorem is de minimis.
Therefore, the Department will instruct the U.S. Customs Service to
liquidate, without regard to countervailing duties, all shipments of
this merchandise exported on or after April 1, 1992, and before March
31, 1993; in addition, the Department will instruct the U.S. Customs
Service to refund with interest any deposits of estimated duties on
such entries.
We have determined that the GONZ has met the requirements for
revocation of the countervailing duty order pursuant to 19 CFR
Sec. 355.25(a)(1) and 19 CFR Sec. 355.25(b)(1). Therefore, the
Department will instruct the U.S. Customs Service to terminate
suspension of liquidation on entries of the subject merchandise and to
liquidate, without regard to countervailing duties, such merchandise
exported on or after April 1, 1993, the first day after the period
reviewed herein. We will also instruct the Customs Service to refund
any deposits of estimated duties on such entries.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to APO
of their responsibilities concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
353.34(d). Failure to comply is a violation of the APO.
This administrative review and notice are in accordance with
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)), 19 CFR
355.22, and 19 CFR 355.25.
Dated: May 15, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-1250 Filed 5-19-95; 8:45 am]
BILLING CODE 3510-DS-P
