[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Notices]
[Pages 41365-41366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20383]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-357-404]
Certain Textile Mill Products From Argentina; Determination to
Amend Revocation, in Part, of the Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of determination to amend revocation, in part, of the
countervailing duty order on certain textile mill products from
Argentina.
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SUMMARY: The Department of Commerce (the Department) has determined to
amend, in part, the effective date of the revocation of the
countervailing duty order on Certain Textile Mill Products from
Argentina, with respect to the products classified under item numbers
6305.2000 and 6305.9000 of the Harmonized Tariff Schedule (HTS), from
January 1, 1995 to January 1, 1994. In addition, the Department has
determined not to revoke with respect to the products classified under
the HTS item numbers listed in Appendix A to this notice. As a result
of this determination not to amend the effective date of revocation
with respect to HTS item numbers found in Appendix A, such merchandise
exported on or after January 1, 1994 which entered before January 1,
1995 will be liquidated at the cash deposit rate in effect at the time
of entry.
EFFECTIVE DATE: August 1, 1997.
FOR FURTHER INFORMATION CONTACT: Anne D'Alauro or Lorenza Olivas,
Office of CVD/AD Enforcement VI, 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, 1994, the Department published in the Federal Register
(59 FR 9727) its intent to revoke the countervailing duty order on
certain textile mill products from Argentina pursuant to 19 CFR
355.25(d)(4)(i) because no interested party had requested an
administrative review for at least four consecutive review periods. If
no interested party objects to the Department's intended revocation or
requests an administrative review of the countervailing duty order, the
Department will revoke the order pursuant to 19 CFR
355.25(d)(4)(iii)(1993).
The Department received a timely objection to the intended
revocation from the American Textile Manufacturers Institute, Inc.
(ATMI) and its member companies as well as the Amalgamated Clothing and
Textile Workers Union (ACTWU). The Department requested clarifying
information from ATMI and ACTWU regarding the like products their
members produced.
Revocation Under Section 753 of the Uruguay Round Agreements Act
This countervailing duty order was revoked effective January 1,
1995, pursuant to section 753 of the Tariff Act of 1930, as amended by
the Uruguay Round Agreements Act (60 FR 40568). Therefore, the
objection to revocation received from ATMI and ACTWU only affects
entries of merchandise exported on or after January 1, 1994 and before
January 1, 1995.
Scope Conversion
The scope of the order on certain textile mill products from
Argentina was originally defined in terms of the item numbers listed
under the Tariff Schedule of the United States Annotated (TSUSA). See
Final Affirmative Countervailing Duty Determination and Countervailing
Duty Order: Certain Textile Mill Products from Argentina (50 FR 9846;
March 12, 1985). On January 1, 1989, the United States fully converted
from TSUSA to the HTS. At that time, the Customs Service prepared a
list which included all of the HTS numbers necessary to cover the items
previously identified by the TSUSA. However, because the two tariff
schedules use different classification systems which do not produce a
one-to-one product correlation, this list also included some items not
included in the like product list relied upon by the Department in the
investigation. On November 1, 1995, after no comments were received on
a preliminary HTS scope conversion, the Department published Certain
Textile Mill Products from Argentina; Notice of Scope Amendment (60 FR
55542) which finalized the conversion of the scope of this order from
TSUSA to HTS item numbers.
Applicable Statute
The Department has made this determination in accordance with
sections 751 (a) and (c) of the Tariff Act of 1930, as amended (the
Act). Unless otherwise indicated, all citations to the statute and to
19 CFR are in reference to the provisions as they existed on December
31, 1994.
Interested Party Status of ATMI and ACTWU
The member companies of ATMI identified and certified as to all of
the like products they produce. The respective member companies qualify
as interested parties for the like products they produce under 19 CFR
355.2(i)(3) because they are ``producers in the United States of the
like products.''
The ATMI member companies produce all of the like products covered
[[Page 41366]]
by the scope of the order on certain textile mill products from
Argentina with the exception of those which were listed under the like
product heading ``Other Miscellaneous Categories.'' This category
included, among other subheadings, ``bags and sacks, or other shipping
containers, of vegetable fibers, except cotton'' and ``packing, molded,
of cotton and rubber.''
With regard to this remaining like product category, we next
analyzed whether ACTWU has standing as an interested party to object to
revocation of this like product category. In order for ACTWU to qualify
as an interested party, ACTWU must be ``representative of the industry
* * * in the United States of the like product produced in the United
States'' (19 CFR 355.2(i)(4)). Since ACTWU did not indicate that any of
its members produced products in the one remaining like product group,
it cannot be representative of the industry and, therefore, does not
qualify as an interested party for that like product category.
Interested parties were provided an opportunity to comment on the
Department's analysis and conclusions which were set forth in a
memorandum to Acting Assistant Secretary Robert S. LaRussa entitled,
``Objection to Revocation--Certain Textile Mill Products from
Argentina,'' signed on December 10, 1996, which is a public document on
file in the Department's Central Records Unit. We received no comments.
Determination To Revoke
The Department found that the member companies of ATMI produce all
of the like products covered by the countervailing duty order on
certain textile mill products from Argentina with the exception of
those within the ``Other Miscellaneous Categories'' like product
category. The only HTS item numbers covered by the scope of this order,
which fall under that like product category, are item numbers 6305.2000
and 6305.9000, described as ``sacks, and bags, of a kind used for the
packing of goods--of cotton; of other textile materials.'' Therefore,
since neither ATMI and ACTWU qualify as interested parties with respect
to these two HTS item numbers, we are revoking the order with respect
to these two HTS item numbers, effective January 1, 1994. The HTS item
numbers covered by the order, which are identified in Attachment A,
will have countervailing duties assessed under the automatic assessment
provision for exports made on or after January 1, 1994 which entered
before January 1, 1995.
This determination and notice are in accordance with sections 751
(a) and (c) of the Act (19 U.S.C. 1675(a)(1) and 1675(c)).
Dated: July 25, 1997.
Jeffrey P. Bialos,
Principal Deputy Assistant Secretary for Import Administration.
Appendix A--C-357-404
HTS List for Certain Textile Mill Products From Argentina
HTS Number
5111.1170, 5111.1960,1 5111.2090, 5111.3090, 5111.9090,
5112.1120, 5112.1990, 5112.2030, 5112.3030, 5112.9090, 5205.1110,
5205.1210, 5205.1310, 5205.1410, 5205.2400,2 5205.3100,
5205.3200, 5205.3300, 5207.1000, 5207.9000, 5407.9105, 5407.9205,
5407.9305, 5407.9405, 5515.1305, 5515.1310, 5801.3600, 6302.600010,
6302.600020, 6302.910005, 6302.910050, 6305.2000, 6305.9000
\1\ Coverage limited to fabric, value not over $19.84/kg.
\2\ Coverage limited to yarn, not exceeding 68 nm.
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[FR Doc. 97-20383 Filed 7-31-97; 8:45 am]
BILLING CODE 3510-DS-P
