[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Notices]
[Pages 33053-33054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16105]
[[Page 33053]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-401-056]
Viscose Rayon Staple Fiber From Sweden; Final Results of
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Countervailing Duty Administrative
Review.
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SUMMARY: On February 9, 1998, the Department of Commerce published in
the Federal Register its preliminary results of administrative review
of the countervailing duty order on viscose rayon staple fiber from
Sweden for the period January 1, 1996 through December 31, 1996 (63 FR
6534). The Department has now completed this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended.
For information on the net subsidy for each reviewed company, and for
all non-reviewed companies, please see the Final Results of Review
section of this notice. We will instruct the U.S. Customs Service to
assess countervailing duties as detailed in the Final Results of Review
section of this notice.
EFFECTIVE DATE: June 17, 1998.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Eric Greynolds,
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
Pursuant to 19 C.F.R. 355.22(a), this review covers only those
producers or exporters of the subject merchandise for which a review
was specifically requested. Accordingly, this review covers Svenska
Rayon AB (Svenska). This review also covers the period January 1, 1996
through December 31, 1996, and six programs.
We published the preliminary results on February 9, 1998 (63 FR
6534). We invited interested parties to comment on the preliminary
results. We received no comments from any of the parties.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions of the Tariff Act of 1930, as amended by
the Uruguay Round Agreements Act (URAA) effective January 1, 1995 (the
Act). The Department is conducting this administrative review in
accordance with section 751(a)(1)(A) of the Act. In addition, unless
otherwise indicated, all citations to the Department's regulations are
to 19 C.F.R. part 355 (1997).
Scope of the Review
Imports covered by this review are shipments from Sweden of regular
viscose rayon staple fiber and high-wet modulus (modal) viscose rayon
staple fiber. Such merchandise is classifiable under item number
5504.10.00 of the Harmonized Tariff Schedule (HTS). The HTS item is
provided for convenience and Customs purposes. The written description
remains dispositive.
Analysis of Programs
Based upon the responses to our questionnaire, we determine the
following:
I. Program Found to Confer Subsidies
Recruitment Subsidy Program
In the preliminary results, based on facts available, we found that
this program conferred countervailable subsidies on the subject
merchandise. We did not receive any comments on this program from the
interested parties, and our review of the record has not led us to
change our findings from the preliminary results. Accordingly, the net
subsidy for this program of 0.06 percent ad valorem remains unchanged
from the preliminary results.
II. Programs Found to be Not Used
In the preliminary results, we found that Svenska did not apply for
or receive benefits under the following programs:
A. Grants for Temporary Employment for Public Works
B. Regional Development Grant
C. Transportation Grants
D. Location-of-Industry Loans
We did not receive any comments on these programs from the
interested parties, and our review of the record has not led us to
change our findings from the preliminary results.
III. Program Found to be Terminated
In the preliminary results, we found the following program to be
terminated and that no residual benefits were being provided:
A. Manpower Reduction Grants Program
We did not receive any comments on this program from the interested
parties, and our review of the record has not led us to change our
findings from the preliminary results.
Final Results of Review
In accordance with 19 C.F.R. 355.22(c)(4)(ii), we calculated an
individual subsidy rate for each producer/exporter subject to this
administrative review. For the period January 1, 1996 through December
31, 1996, we determined the net subsidy for Svenska to be 0.06 percent
ad valorem.
As provided for in the Act, any rate less than 0.5 percent ad
valorem in an administrative review is de minimis. See section
703(b)(4)(A) of the Act. Accordingly, we will instruct the U.S. Customs
Service (``Customs'') to liquidate without regard to countervailing
duties all shipments of this merchandise exported on or after January
1, 1996, and on or before December 31, 1996. The Department will also
instruct Customs to collect a cash deposit of estimated countervailing
duties of zero percent ad valorem, as provided for by section 751(a) of
the Act, on all shipments of this merchandise from Svenska, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this review.
Because the URAA replaced the general rule in favor of a country-
wide rate with a general rule in favor of individual rates for
investigated and reviewed companies (see section 777A(e) of the Act),
the procedures for establishing countervailing duty rates, including
those for non-reviewed companies, are now essentially the same as those
in antidumping cases, except as provided for in section 777A(e)(2)(B)
of the Act. The requested review will normally cover only those
companies specifically named. See 19 C.F.R. 355.22(a). Pursuant to 19
C.F.R. 355.22(g), for all companies for which a review was not
requested, duties must be assessed at the cash deposit rate, and cash
deposits must continue to be collected at the rate previously ordered.
As such, the countervailing duty cash deposit rate applicable to a
company can no longer change, except pursuant to a review of that
company. See Federal-Mogul Corporation and The Torrington Company v.
United States, 822 F.Supp. 782 (CIT 1993) and Floral Trade Council v.
United States, 822 F.Supp. 766 (CIT 1993) (interpreting 19 C.F.R.
353.22(e), the antidumping regulation on automatic assessment, which is
virtually identical to 19 C.F.R. 355.22(g)). Therefore, the cash
deposit rates for all companies except those covered by this review
will be unchanged by the results of this review.
[[Page 33054]]
We will instruct Customs to continue to collect cash deposits for
non-reviewed companies at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit
rates that will be applied to non-reviewed companies covered by this
order will be the rate for that company established in the most
recently completed administrative proceeding conducted under the URAA.
If such a review has not been conducted, the rate established in the
most recently completed administrative proceeding pursuant to the
statutory provisions that were in effect prior to the URAA amendments
is applicable. These rates shall apply to all non-reviewed companies
until a review of a company assigned these rates is requested. In
addition, for the period January 1, 1996 through December 31, 1996, the
assessment rates applicable to all non-reviewed companies covered by
this order are the cash deposit rates in effect at the time of entry.
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 C.F.R. 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 administrative review is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act (19 U.S.C. 1675(a)(1)
and 19 U.S.C. 1677 f (i)).
Dated: June 8, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-16105 Filed 6-16-98; 8:45 am]
BILLING CODE 3510-DS-P