[Federal Register Volume 59, Number 94 (Tuesday, May 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11970]


[[Page Unknown]]

[Federal Register: May 17, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
[(C-201-001)]

 

Leather Wearing Apparel From Mexico; Preliminary Results of 
Countervailing Duty Administrative Review

AGENCY: International Trade Administration/Import Administration 
Commerce.

ACTION: Notice of preliminary results of countervailing duty 
administrative review.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce is conducting an administrative 
review of the countervailing duty order on leather wearing apparel from 
Mexico. We preliminarily determine the net subsidy rate to be zero for 
the 65 companies listed in the Appendix and 13.35 percent ad valorem 
for all other companies for the period January 1, 1992 through December 
31, 1992. We invite interested parties to comment on these results.

EFFECTIVE DATE: May 17, 1994.

FOR FURTHER INFORMATION CONTACT: Brian Albright or Dana Mermelstein, 
Office of Countervailing Compliance, International Trade 
Administration, U.S. Department of Commerce, Washington DC 20230; 
telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 1993, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity to Request 
Administrative Review'' (58 FR 18374) of the countervailing duty order 
on leather wearing apparel from Mexico (46 FR 21357; April 10, 1981). 
On April 30, 1993, the Amalgamated Clothing and Textile Workers Union 
(ACTWU), whose members produce leather wearing apparel, requested an 
administrative review of the order. We initiated the review, covering 
the period January 1, 1992 through December 31, 1992, on May 27, 1993 
(58 FR 30769).

Scope of Review

    Imports covered by this review are shipments of Mexican leather 
wearing apparel. These products include leather coats and jackets for 
men, boys, women, girls, and infants, and other leather apparel 
products including leather vests, pants, and shorts. Also included are 
outer leather shells and parts and pieces of leather wearing apparel. 
This merchandise is currently classifiable under Harmonized Tariff 
Schedule (HTS) item numbers 4203.10.4030, 4203.10.4060, 4203.10.4085 
and 4203.10.4095. The HTS item numbers are provided for convenience and 
Customs purposes. The written description remains dispositive.
    The review covers the period January 1, 1992 through December 31, 
1992 and eight programs.

Analysis of Programs

    In the questionnaire responses, the Government of Mexico (GOM) 
certified that 65 producers/exporters of the subject merchandise did 
not receive benefits from any of the programs under review during the 
review period (the list of these 65 companies is provided in the 
Appendix). As a result, we preliminarily determine that those 
producers/exporters of leather wearing apparel did not receive benefits 
from the following programs during the 1992 review period:

(A) BANCOMEXT Loans and Export Financing.
(B) Certificates of Fiscal Promotion (CEPROFI).
(C) FOGAIN.
(D) FONEI.
(E) State Tax Incentives.
(F) PITEX.
(G) Import Duty Reductions and Exemptions.
(H) Article 15 Loans.

Best Information Available

    IM-146 import statistics published by the U.S. Census Bureau show 
that the value of subject merchandise imported from Mexico under the 
HTS item numbers listed above during the review period is $5,490,000. 
Both the official export statistics reported by the GOM and the sum of 
total exports of the subject merchandise exported to the United States 
during the review period reported by the responding companies comprise 
only a small fraction of this figure. The GOM was unable to reconcile 
this discrepancy. (See April 22, 1994 Memorandum for the 1992 
Administrative Review of Leather Wearing Apparel from Mexico, on file 
in the public file of the Central Records Unit, room B-099.) Although 
the GOM was requested to provide information on all exporters of the 
subject merchandise to the United States, the exporters identified by 
the GOM account for substantially less than 100 percent of exports of 
the subject merchandise to the United States. Therefore, in accordance 
with section 776(c) of the Tariff Act of 1930, as amended (the Act), we 
are assigning to any exporters of subject merchandise not listed in the 
Appendix, a rate based on best information available (BIA). As BIA, we 
used the highest total subsidy rate calculated in any previous 
administrative review of this order or in the investigation. On this 
basis, we preliminarily determine the rate for all exporters not listed 
in the Appendix to be 13.35 percent ad valorem. See Leather Wearing 
Apparel from Mexico; Final Results of Administrative Review of 
Countervailing Duty Order (48 FR 13474; March 31, 1983).

Calculation of Country-Wide Rate

    In calculating the subsidy rates during the review period, we 
followed the methodology described in the preamble to 19 CFR 355.20(d) 
(53 FR 52306 and 52325; December 27, 1988). To calculate a country-wide 
rate, we weight-averaged the rate for the 65 companies for which the 
GOM provided certifications of non-use with the BIA rate for the 
remaining value of U.S. imports.
    In determining the weights used, the Department used the sum of the 
65 responding companies' exports of the subject merchandise to the 
United States. This figure was then subtracted from the total value of 
imports of subject merchandise to the United States. The resulting 
difference is the value for exports to the United States of the subject 
merchandise that we assigned to all other companies.
    The 65 responding companies' weights were the ratio of the value of 
their exports of the subject merchandise to the United States to the 
total value of the subject merchandise imported into the United States. 
For the non-respondent companies, the weight used was the ratio of 
their assigned value of exports of the subject merchandise to the 
United States to the total value of imports of the subject merchandise 
into the United States.
    The Department then multiplied the respondent companies' ratio by 
the calculated ad valorem rate found for the programs determined to be 
bounties or grants (i.e., zero); we multiplied the non-respondent 
companies' ratio by the 13.35 percent BIA rate. By adding the two 
results, the Department calculated a weighted average country-wide rate 
of 9.01 percent.
    Following the Department's practice, all companies with a rate 
significantly different from the weighted average country-wide rate 
were removed before calculating the all-other country-wide rate. 
Because the rate for the respondent companies is significantly 
different, they were removed and will receive their respective rates of 
zero. As the only remaining companies, the non-respondents' rate of 
13.35 percent necessarily comprises the all-other country-wide rate. 
Therefore, the non-respondent companies (all those not listed in the 
Appendix) will receive the all-other country-wide rate of 13.35 percent 
ad valorem for subject merchandise exported during the review period.

Preliminary Results of Review

    As a result of our review, we preliminarily determine the net 
subsidy rate to be zero for the 65 companies listed in the Appendix and 
13.35 percent ad valorem for all other companies during the period 
January 1, 1992 through December 31, 1992.
    Upon completion of this review, the Department intends to instruct 
the Customs Service to assess countervailing duties as follows for 
subject merchandise exported on or after January 1, 1992, and on or 
before December 31, 1992: Zero on shipments from any of the 65 
companies listed in the Appendix; and 13.35 percent of the f.o.b. 
invoice price on shipments from all other companies.
    The Department also intends to instruct the Customs Service to 
waive cash deposits of estimated countervailing duties, as provided by 
section 751(a)(1) of the Act, on shipments of this merchandise from the 
companies listed in the Appendix, and to collect a cash deposit of 
13.35 percent of the f.o.b. invoice price on shipments from all other 
companies from Mexico entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this administrative review.
    Interested parties may request a hearing not later than 10 days 
after the date of publication of this notice (See 19 CFR 355.38(b)). 
Interested parties may submit written arguments in case briefs on these 
preliminary results within 30 days of the date of publication. Rebuttal 
briefs, limited to arguments raised in case briefs, may be submitted 
seven days after the time limit for filing the case brief. Any hearing, 
if requested, will be held seven days after the scheduled date for 
submission of rebuttal briefs. Copies of case briefs and rebuttal 
briefs must be served on interested parties in accordance with section 
355.38(e) of the Commerce regulations.
    Representatives of parties to the proceeding may request disclosure 
of proprietary information under administrative protective order no 
later than 10 days after the representative's client or employer 
becomes a party to the proceeding, but in no event later than the date 
the case briefs are due (See 19 CFR 355.34(b)(1)(iii)).
    The Department will publish the final results of this 
administrative review including the results of its analysis of issues 
raised in any case or rebuttal brief.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 355.22.

    Dated: May 9, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.

Appendix

1. Alfredo Costuras Originales S.A. De C.V.
2. Aeroenvios De Mexico S.A. De C.V.
3. Articulos De Piel De Guadalajara S.A. De C.V.
4. Bemisa S.A. De C.V.
5. Calzado Emege S.A. De C.V.
6. Cornell Piel S.A. De C.V.
7. Exclusive Design In Leather Felle S. De R.L.
8. Articulos Charros Y Vaqueros S.A. De C.V.
9. Importaciones Y Exportaciones Anaf S.A. De C.V.
10. Lusomoda De Mexico S.A. De C.V.
11. Loredano S.A. De C.V.
12. Manufacturera California S.A. De C.V.
13. Melmex S. De R.L.
14. Originales Hechos A Mano S.A. De C.V.
15. Price Club De Mexico S.A. De C.V.
16. Procopiel Exotica S.A. De C.V.
17. Pelet Jalisco-Baja California S.A. De C.V.
18. Servicio Harley Davidaon S.A. De C.V.
19. San Sebastian Curte S.A. De C.V.
20. Tapetes Tipicos S.A. De C.V.
21. United Parcel Service De Mexico S.A. De C.V.
22. Zuid De Mexico S.A. De C.V.
23. Pedro Alarcon Roman
24. Juan Martin Aguilla Alvarez
25. Rosa Isela Bocanegra Morales
26. Agustin Carillo Castillo
27. Gregoria Deitz Groswirte
28. Maria Azucena Flores Martinez
29. Rocio Gallardo
30. Jose Garcia
31. Enrique Garcia Avila
32. Antonio Garcia Gonzalez
33. Juan Manuel Garcia Gonzalez
34. Jose De Jesus Gonzalez De La Torre
35. Vicente Haro Navarro
36. Lino Salvador Hernandez Gonzalez
37. Jose De Jesus Hernandez Herrera
38. M. Teresa De Jesus Hernandez Rodriguez
39. Francisco Javier Hurtado Vasquez
40. Antonio Hurtado
41. J. Cruz Lopez Avila
42. Noe Martinez Bautista
43. Roberto Martinez Castillo
44. Guillermo Martinez Fernandez
45. Bartolo Morales Hernandez
46. Ismael Mora Hernandez
47. J. Cruz Orozco Alviso
48. Adolfo Penilla
49. Rosa Ramos
50. Salvador Rios Bueno
51. Jose Luis Rodriguez Juarez
52. J. Guadalupe Rodriguez Ortiz
53. Leonel Salceda Toledo
54. Martin Humberto Serrano Robles
55. Alejandro Sidransky Marcus
56. Marco Antonio Sotelo Salazar
57. Jose Sotelo
58. Juan Antonio Torres Torres
59. Laura Vilches Mares
60. Ricardo Zaragoza Gutierrez
61. Teresa Zedillo Lagos
62. George Zohn Tracktman
63. Exclusivos Baez
64. Commercializadora Cevis S.A. De C.V.
65. Cia. Exportadora De Chapala S.A. De C.V.

[FR Doc. 94-11970 Filed 5-16-94; 8:45 am]
BILLING CODE 3510-DS-P