96-21968. Roses and Other Fresh Cut Flowers and Miniature Carnations From Colombia

[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Notices]
[Page 44297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21968]


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DEPARTMENT OF COMMERCE
 [C- 301-003, C-301-601]


Roses and Other Fresh Cut Flowers and Miniature Carnations From 
Colombia

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Amended final results of reviews pursuant to court remand: 
Asociacion Colombiana de Exportadores de Flores and its members 
(``ASOCOLFLORES'') and the Government of Colombia (``GOC'') v. The 
United States: USA-96-04-01072.

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SUMMARY: On March 8, 1996, the Department of Commerce (``the 
Department'') published the final results of its administrative reviews 
of the countervailing duty suspension agreements on certain roses and 
other fresh cut flowers and miniature carnations from Colombia. The 
reviews covered over 800 Colombian producers/exporters of roses, over 
100 Colombian producers/exporters of miniature carnations and the GOC 
for the period covering January 1, 1993 through December 31, 1993. In 
order to remove inadvertently-included language, we are amending the 
final results.

EFFECTIVE DATE: August 28, 1996.

FOR FURTHER INFORMATION CONTACT: N. Gerard Zapiain at [phone] or 
Jean Kemp at [phone] at Antidumping/Countervailing Enforcement, 
International Trade Administration, U.S. Department of Commerce, 
Washington, D.C. 20230.

Background

    On June 14, 1996, the Court of International Trade (``CIT'') issued 
an order remanding to the Department the final results of the 
Department's reviews of the countervailing duty (``CVD'') suspension 
agreements on miniature carnations and roses and other cut flowers (See 
61 Fed. Reg. 9429 (March 8, 1996)). The reviews covered the period 
January 1, 1993 through December 31, 1993. In its order, the Court 
granted the defendant's consent motion and ordered: (1) that the 
Department correct inadvertently-included language in the final results 
of the administrative reviews; (2) that the remand results be filed 
with the Court on or before 30 days from the date of the order; and (3) 
that the administrative record be filed with the Court, if necessary, 
on or before 70 days from the date of the order. In the final results 
of the reviews covering the 1993 period, the Department stated that the 
GOC and Colombian producers/exporters of the subject merchandise were 
to complete ``repayment and/or refinancing for any outstanding peso- 
and dollar-denominated loans to meet the new short- and long-term 
benchmarks [within] 90 days'' of the publication of the final results 
in the Federal Register (61 Fed. Reg. at 9434). The Department found in 
its 1993 final results that all peso-denominated loans given under the 
programs covered by the suspension agreements had been issued in 
compliance with the suspension agreements, in accordance with pre-
existing benchmarks set by the Department. There is no requirement in 
the suspension agreements for respondents to refinance loans that the 
Department has found, in previous review periods, to be in compliance 
with the benchmarks in effect at the time of issuance of the loans. 
Therefore, the Department requested a remand to correct the 1993 final 
results of the reviews for the limited purpose of removing the 
requirement to refinance loans that were issued at rates in compliance 
with Department-set benchmarks.
    On July 15, 1996, the Department reconsidered the final results of 
the reviews in light of the Court's order and determined that it 
contained improper language. The Department concluded that it cannot 
compel respondents to comply with conditions not required in the 
suspension agreements. On July 26, 1996, the CIT affirmed the 
Department's redetermination. We rescind the requirement that 
producers/exporters of subject merchandise refinance peso-denominated 
loans granted in accordance with pre-existing benchmarks.
    These amended final results of the reviews are published in 
accordance with section 751 of the Tariff Act of 1930 as amended and 19 
CFR 353.28(c).

    Dated: August 22, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-21968 Filed 8-27-96; 8:45 am]
BILLING CODE 3510-DS-P