[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31355]
[[Page Unknown]]
[Federal Register: December 21, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[C-201-001]
Leather Wearing Apparel From Mexico; Initiation of Changed
Circumstances Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of changed circumstances countervailing
duty administrative review.
-----------------------------------------------------------------------
SUMMARY: On August 25, 1994, the Department of Commerce (the
Department) published in the Federal Register the final results of
administrative review of the countervailing duty order on leather
wearing apparel from Mexico, covering the period January 1, 1992,
through December 31, 1992 (59 FR 43815). On December 1, the Government
of Mexico (GOM) requested a changed circumstances countervailing duty
administrative review. The GOM stated in its request for a changed
circumstances review that it had overlooked two exporters when
reporting its list of Mexican leather wearing apparel exporters that
received no subsidies to the Department. We are initiating a changed
circumstances review to reexamine the cash deposit rate for those two
companies, Maquiladora Pieles Pitic, S.A. de C.V. (MPP) and Finapiel de
Mexico, S.A. de C.V. (Finapiel).
EFFECTIVE DATE: December 21, 1994.
FOR FURTHER INFORMATION CONTACT: Brian Albright or Dana Mermelstein,
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 April 10, 1981, the Department published in the Federal Register
(46 FR 21357) a countervailing duty order on leather wearing apparel
from Mexico. On August 25, 1994, the Department published in the
Federal Register (59 FR 43815) the final results of the administrative
review covering the period January 1, 1992, through December 31, 1992.
In those final results, 65 companies which the GOM certified did not
receive benefits from the programs under review received a cash deposit
rate of zero. All other companies received a cash deposit rate of 13.35
percent of the f.o.b. invoice price on all shipments of the subject
merchandise, based on the use of best information available.
On October 21, 1994, in a submission requesting that the Department
administratively correct its final results to include MPP and Finapiel
as zero-rate companies, the GOM explained that the exports of MPP were
misclassified under an incorrect tariff number and Finapiel's exports
were inadvertently registered to a ``non-specified'' company due to
clerical errors by Mexican Customs. Subsequently, on December 1, 1994,
the GOM requested a changed circumstances review pursuant to 19 C.F.R.
355.22(h) (1994) to review the cash deposit rate applicable to MPP and
Finapiel. According to the request for a changed circumstances review,
MPP and Finapiel were excluded from the list of GOM-certified zero-
benefit recipients submitted to the Department in the recently
completed administrative review due to an oversight by the GOM. In its
request for a changed circumstances review, the GOM provided company
and government certifications that MPP and Finapiel did not apply for
or receive any net subsidy during the first three quarters of 1994 from
the programs that were previously found countervailable or not-used and
will not apply for or receive any such net subsidy in the future, in
accordance with 19 C.F.R. 355.22(a)(2) (1994). The GOM also stated that
it has taken steps to ensure that the type of oversight which occurred
in this case will not be repeated in future administrative reviews.
Initiation
The Department is initiating this review to examine the cash
deposit rate applicable to MPP and Finapiel. If we determine that MPP
and Finapiel did not receive a net subsidy on leather wearing apparel
during the first three quarters of 1994, we will change the cash
deposit rate for those companies to zero and instruct U.S. Customs
officials to collect zero cash deposits on shipments of this
merchandise exported by MPP and Finapiel.
The Department notes that the GOM misclassified the exports of MPP
and Finapiel under an incorrect tariff number and an incorrect company
registration number, respectively. As a result, the GOM was unable to
report MPP's and Finapiel's export information to the Department and
did not notify MPP and Finapiel of the 1992 administrative proceeding.
Because they were not notified, those companies could not participate
in the review. Further, those companies did not (according to their
certifications) apply for or receive any net subsidy during the first
three quarters of 1994. Therefore, due to the unique facts in this
case, the Department has determined that changed circumstances exist
sufficient to warrant a review pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act) (19 U.S.C. 1675(b)), and 19 C.F.R.
355.22(h).
We are hereby notifying the public that we are initiating a changed
circumstances countervailing duty administrative review on leather
wearing apparel from Mexico. This notice is published in accordance
with section 751(b) of the Act and 19 C.F.R. 355.22(h)(1)(i).
Dated: December 15, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-31355 Filed 12-20-94; 8:45 am]
BILLING CODE 3510-DS-P