[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]


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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.

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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