[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26162-26163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13169]
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DEPARTMENT OF COMMERCE
[C-201-017]
Bricks From Mexico; Amended Revocation of the Countervailing Duty
Order and Amended Final Results of Countervailing Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Amended Revocation of the Countervailing Duty Order and Amended
Final Results of Countervailing Duty Administrative Review.
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SUMMARY: On September 6, 1995, the Court of Appeals for the Federal
Circuit (the CAFC) held in Ceramica Regiomontana v. United States,
Court No. 95-1026 (Fed. Cir., Sept. 6, 1995) (Ceramica) that the
Department of Commerce (the Department) lacks statutory authority to
impose countervailing duties on dutiable goods imported by Mexico after
April 23, 1985, absent an injury determination. On April 18, 1996,
pursuant to the Ceramica decision, the Court of International Trade
(CIT) remanded to the Department the case Productos De Barro
Industrializados, S.A. de C.V. (Court No. 88-10-00808), which was
stayed pending the Ceramica decision. In the remand, the court ordered
the Department to (1) revoke the countervailing duty order on bricks
from Mexico effective April 23, 1985, the date Mexico was designated as
a ``country under the Agreement''; and (2) instruct the U.S. Customs
Service to refund any estimated countervailing duties at issue in this
case that were deposited during the period April 23, 1985 through
December 31, 1986. In accordance with the CIT's order, we are hereby
amending the revocation of the countervailing duty order on bricks from
Mexico to be effective April 23, 1985, instead of August 24, 1986 (54
FR 53163; December 27, 1989).
In addition, pursuant to Ceramica S.A. v. United States, Slip Op.
96-74, Court No. 59-06-00323 (May 5, 1994), the CIT ordered the
Department to recalculate the country-wide rate for entries of bricks
from Mexico exported by Productos de Barro Industrializados, S.A. de
C.V. (Productos de Barro) that were entered between July 1, 1984 and
April 22, 1985, by weight-averaging the benefits received by all
companies by their proportion of exports to the United States,
inclusive of zero rate firms and de minimis firms as well as all other
firms with significantly different rates. In accordance with the CIT's
remand, we are hereby amending the final results of the countervailing
duty administrative review. The recalculated rate applicable to
unliquidated entries exported by Productos de Barro is 2.92 percent ad
valorem for the period July 1, 1984 through December 31, 1984 and 3.10
percent ad valorem for the period January 1, 1985 through April 22,
1985.
EFFECTIVE DATE: May 24, 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 September 30, 1989 (53 FR 38314), the Department published the
final results of administrative review of the countervailing duty order
on bricks from Mexico, covering the review period July 1, 1984, through
December 31, 1985. For purposes of the final results, the Department
calculated the ``all others'' countervailing duty rate by weight
averaging the benefits received by companies, excluding zero rate and
de minimis firms. The resultant countervailing duty rate applicable to
non-de minimis firms was 3.32 percent ad valorem during July 1, 1984
through December 31, 1984, and 4.21 percent ad valorem during January
1, 1985 through December 31, 1985.
On December 27, 1989, the Department published the final results of
changed circumstances countervailing duty administrative review and
revocation of the countervailing duty order on bricks from Mexico
revoking the countervailing duty order as of August 24, 1986.
The respondents challenged the Department's final results of the
administrative review in the CIT with respect to (1) the calculation of
the country-wide countervailing duty rate, and (2) the effective date
of the revocation of the countervailing duty order on bricks from
Mexico. The CIT stayed these cases pending the resolution of the
identical issues raised in Ceramica, a case involving the
countervailing duty order on ceramic tile from Mexico.
On September 6, 1995, the CAFC ruled in Ceramica 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
date Mexico was designated as a ``country under the Agreement'' for
purposes of 19 U.S.C. Sec. 1671. On February 21, 1996, the Department
implemented the CAFC's ruling in the case of Mexican ceramic tile. (61
FR 6630) On April 18, 1996, the CIT ordered the Department to apply the
CAFC's decision in Ceramica to bricks from Mexico. Accordingly, the CIT
ordered that the Department (1) Amend the effective date of the
revocation of the order on bricks from Mexico to April 23, 1985, and
(2) recalculate ``the countervailing duty rate for plaintiff's entries
of bricks from Mexico that were entered between July 1, 1984 and April
22, 1985, by weight-averaging the benefits received by all companies by
their proportion of exports to the United States, inclusive of zero
rate firms and de minimis firms as well as all other firms with
significantly different rates'' pursuant to the methodology set forth
in Ipsco v. United States, 899 F.2d 1192 (Fed. Cir. 1990).''
Amended Revocation and Final Remand Results
Pursuant to the CIT's order of April 18, 1996, the Department is
hereby amending the revocation of the countervailing duty order on
bricks from Mexico to be effective for all entries made on or after
April 23, 1985. We will instruct the U.S. Customs Service 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
requirements for a cash deposit of estimated countervailing duties were
previously terminated in conjunction with the revocation under section
751 (b) and (c) of the Act.
Furthermore, the Department has complied with the CIT's order and
recalculated the ``all others'' countervailing duty rates applicable to
entries exported by Productos de Barro by weight-averaging the benefits
received by all of the companies, including the de minimis or zero rate
firms as well as companies with significantly different rates, that
were subject to the review covering the period July 1, 1984 through
December
[[Page 26163]]
31, 1985. The resultant rate for Productos de Barro for the period July
1, 1984 through December 31, 1984 is 2.92 percent ad valorem, and for
the period January 1, 1985 through December 31, 1985 is 3.10 percent ad
valorem. Accordingly, we are hereby amending the final results of the
administrative review for the period July 1, 1984 through December 31,
1985. However, as discussed above, we will order assessment only on
entries through April 22, 1985, the date prior to the effective date of
the revocation.
The Department shall determine, and the Customs Service shall
assess, countervailing duties on all appropriate entries. The
Department will issue appraisement instructions directly to the Customs
Service.
This notice is in accordance with section 516(a)(e) of the Act.
Dated: May 17, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-13169 Filed 5-23-96; 8:45 am]
BILLING CODE 3510-DS-P
