[Federal Register Volume 60, Number 219 (Tuesday, November 14, 1995)]
[Notices]
[Pages 57219-57220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28081]
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DEPARTMENT OF COMMERCE
[C-122-404]
Live Swine From Canada; Amended Final Results of Administrative
Review in Accordance With Decision on Remand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of countervailing duty
administrative review.
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SUMMARY: On September 27, 1995, the Binational North American Free
Trade Agreement (NAFTA) Panel (``Panel'') affirmed the Department of
Commerce's (``the Department'') remand results of the sixth
administrative review of the countervailing duty order on live swine
from Canada, as amended. The Panel also approved the Department's
Consent
[[Page 57220]]
Notice of Motion Requesting Termination of Panel Review With Respect to
Weanlings, and the Request of Pryme for an individual review. On
October 10, 1995, the NAFTA Secretariat, United States Section,
provided a Notice of Final Panel Action in this proceeding. As a
result, the Department is amending the final results of the sixth
administrative review of the countervailing duty order on Live Swine
from Canada for purposes of the entries subject to the Panel's review
and for cash deposit purposes.
EFFECTIVE DATE: November 14, 1995.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Maria MacKay,
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 16, 1994 (59 FR 12243), the Department published the final
results of its sixth administrative review of the countervailing duty
order on Live Swine from Canada covering the period from April 1, 1990
through March 31, 1991. These results were challenged by the Canadian
Pork Council, Pryme Pork, Ltd. (``Pryme''), Earle Baxter Trucking LQ.,
and P. Quintaine & Son, Ltd. before a Binational Panel pursuant to
Article 1904 of the NAFTA and 19 U.S.C. Sec. 1516a(g). Pursuant to 19
U.S.C. Sec. 1516a(g)(5)(C), P. Quintaine & Son, Ltd., Earle Baxter
Trucking LQ., and Pryme requested that the Department continue
suspension of liquidation of entries covered by the sixth
administrative review.
The Panel issued its decision on May 30, 1995, and therein remanded
for certain issues to the Department for reconsideration. Live Swine
from Canada, USA-94-1904-01. In particular, the Panel directed the
Department to reinstate the subclass for sows and boars, and to
calculate a separate countervailing duty (CVD) rate for sows and boars.
Pursuant to this remand order, the Department submitted to the
Panel its final results of redetermination on August 14, 1995, which
reinstated the sows and boars subclass and provided a separate CVD rate
for sows and boars. In addition, the Department filed, pursuant to Rule
71(2), a Consent Notice of Motion Requesting Termination of Panel
Review With Respect to Weanlings and the Request of Pryme for an
Individual Review.
After discovering a ministerial error in its calculations, the
Department submitted amended final results of redetermination on
September 1, 1995, in which it found the countervailing duty rate for
sows and boars to be de minimis.
On September 27, 1995, the Panel affirmed the Department's remand
results, as amended, and approved the Consent Notice of Motion. Based
upon the Panel's order affirming the Department's determination on
remand, the Department has established a countervailing duty rate for
sows and boars and has recalculated the countervailing duty rate for
all other Live Swine from Canada for purposes of the entries for which
liquidation was suspended subject to the Panel's review. In addition,
the Department has assigned a de minimis CVD rate to Pryme, pursuant to
the Consent Notice of Motion.
The subsidy rates contained herein are those determined by the
Department in its final remand results, as amended. They are: for sows
and boars, CAN$0.0036 per kilogram. This rate is de minimis. For all
live swine, other than sows and boars, CAN$0.0296 per kilogram.
Amended Final Results of Review
The Department will instruct the Customs Service to liquidate
without regard to countervailing duties all shipments of live swine
from Canada produced by Pryme Pork, Ltd. exported on or after April 1,
1990 and on or before March 31, 1991. In addition, the Department will
instruct the Customs Service to liquidate entries of merchandise
produced/exported by P. Quintaine & Son, Ltd., and Earle Baxter
Trucking LQ., exported on or after April 1, 1990 and on or before March
31, 1991 as follows: to liquidate without regard to countervailing
duties all shipments of sows and boars and to assess CAN$0.0296 per
kilogram on entries of all other live swine.
The Department will also instruct the Customs Service to collect a
cash deposit of estimated countervailing duties of zero on all
shipments of live swine from Canada produced by Pryme Pork, Ltd.
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of this notice. Futhermore, the Department will
instruct the Customs Service to collect a cash deposit of estimated
countervailing duties of zero on all shipments of sows and boars from
Canada and CAN$0.0296 per kilogram on shipments of all other live swine
from Canada entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice. These deposit
requirements shall remain in effect until publication of the final
results of the next administrative review.
This amended notice of final results is published in accordance
with 19 U.S.C. Sec. 1675(a)(1), 19 U.S.C. Sec. 1516a(g)(5)(B), 19 CFR
Sec. 355.22 and 19 CFR Sec. 356.8(a).
Dated: November 6, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-28081 Filed 11-13-95; 8:45 am]
BILLING CODE 3510-DS-P