[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26163-26164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13167]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[C-201-001]
Leather Wearing Apparel From Mexico; Notice of Termination of the
Countervailing Duty Administrative Review and Amendment to the
Revocation of the Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of termination of the countervailing duty administrative
review and amendment to the revocation of the countervailing duty
order.
-----------------------------------------------------------------------
SUMMARY: On March 29, 1996, the Department of Commerce (the Department)
published in the Federal Register its notice of intent to terminate the
countervailing duty administrative review and notice of intent to amend
the revocation of the countervailing duty order on leather wearing
apparel from Mexico, 61 FR 14076, as a result of the decision by the
Court of Appeals for the Federal Circuit (CAFC) in Ceramica
Regiomontana v. United States, Court No. 95-1026 (Fed. Cir., Sept. 6,
1995) (Ceramica). In Ceramica, the CAFC ruled that absent an injury
determination by the International Trade Administration (ITC), the
Department may not assess countervailing duties under section
1303(a)(1) on entries of dutiable merchandise which occurred on or
after April 23, 1985, the effective date of Mexico's Bilateral
Agreement with the United States. Since we received no comments on our
notice of intent, we are hereby terminating this administrative review,
which covers the period January 1, 1994 through December 31, 1994, and
amending the date of the revocation of the countervailing duty order to
be effective April 23, 1985.
EFFECTIVE DATE: May 24, 1996.
FOR FURTHER INFORMATION CONTACT: Brian Albright or Cameron Cardozo,
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
The countervailing duty order on leather wearing apparel from
Mexico was issued on April 10, 1981 pursuant to section 303 of the
Tariff Act of 1930, as amended (the Act). No injury determination was
required for cases conducted pursuant to section 303. In the Uruguay
Round Agreements Act of 1994 (URAA), which amended the Act, section 303
was repealed because the new Agreement on Subsidies and Countervailing
Measures (SCM Agreement) prohibits the assessment of countervailing
duties on imports from a member of the World Trade Organization without
an affirmative injury determination. The URAA added section 753 to the
Act, which provided domestic interested parties an opportunity to
request an injury investigation for orders that had been issued
pursuant to section 303.
Because no domestic interested parties exercised their right under
section 753(a) of the Act to request an injury investigation on Mexican
leather wearing apparel, the ITC made a negative injury determination
with respect to this order, pursuant to section 753(b)(4) of the Act.
As a result, the Department revoked this countervailing duty order,
effective January 1, 1995, pursuant to section 753(b)(3)(B) of the Act.
Revocation of Countervailing Duty Orders, 60 FR 40,568 (August 9,
1995).
[[Page 26164]]
However, administrative reviews of periods prior to January 1, 1995
could still be conducted and on April 28, 1995 an administrative review
of this order was requested for the period January 1, 1994 through
December 31, 1994. 60 FR 25885 (May 15, 1995).
On September 6, 1995, in a case involving the countervailing duty
order on ceramic tile from Mexico, Ceramica, the CAFC ruled that,
absent an injury determination by the ITC, the Department may not
assess countervailing duties under section 1303(a)(1) on entries from
Mexico of dutiable merchandise which occurred on or after April 23,
1985, the effective date of Mexico's Bilateral Agreement with the
United States. On February 21, 1996, the Department implemented the
CAFC's ruling in the case of Mexican ceramic tile and amended the
effective date of the revocation from January 1, 1995 to April 23,
1985. 61 FR 6630. Because the order on leather wearing apparel is a
Mexican order and involves the same set of pertinent facts (i.e., the
ITC did not make an injury determination), the CAFC's decision applies
to the order on leather wearing apparel from Mexico.
As a result, on March 29, 1996, the Department of Commerce (the
Department) published in the Federal Register its notice of intent to
terminate the countervailing duty administrative review and to amend
the revocation of the countervailing duty order on leather wearing
apparel from Mexico to be effective April 23, 1985. We invited
interested parties to comment but received no comments. Accordingly, we
are terminating the instant review of this countervailing duty order.
Also, we are amending the previous revocation of this order, which
affects all unliquidated entries, to be effective April 23, 1985,
rather than January 1, 1995, in recognition of the Ceramica decision.
Scope of the 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.
Notice of Termination of the Countervailing Duty Administrative Review
and Amendment of the Revocation of the Countervailing Duty Order
This notice serves as notification to the public of our termination
of the instant administrative review, covering the period January 1,
1994 through December 31, 1994, and amendment of the revocation of the
countervailing duty order on Mexican leather wearing apparel to be
effective April 23, 1985. This revocation applies to all unliquidated
entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after April 23, 1985.
We will instruct the U.S. Customs Service to terminate the
suspension of liquidation as of the date of publication of this notice
and to liquidate all unliquidated entries of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after April
23, 1985, without regard to countervailing duties. We will instruct the
U.S. Customs Service to refund with interest any estimated
countervailing duties collected with respect to those entries. We note
that the requirement for a cash deposit of estimated countervailing
duties was previously terminated in conjunction with the section 753
determination.
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 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 notice is published in accordance with section 751(a)(1) of
the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 355.22.
Dated: May 17, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-13167 Filed 5-23-96; 8:45 am]
BILLING CODE 3510-DS-P
