[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Notices]
[Pages 6630-6631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3757]



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DEPARTMENT OF COMMERCE
[C-201-003]


Ceramic Tile from Mexico; Amended Revocation of the 
Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Amended Revocation of the Countervailing Duty Order.

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SUMMARY: On September 6, 1995, the Court of Appeals for the Federal 
Circuit (the CAFC) held that the Department of Commerce (the 
Department) lacks statutory authority to impose countervailing duties 
on dutiable goods imported by Mexico after April 23, 1985. Pursuant to 
this decision, on January 31, 1996, the Court of International Trade 
(CIT) ordered the Department to revoke the countervailing duty order on 
ceramic tile from Mexico effective April 23, 1985, and to instruct the 
U.S. Customs Service to refund any estimated countervailing duties at 
issue in this case that were deposited by plaintiffs during the period 
January 1, 1986 through December 31, 1986. In accordance with the CIT's 
order, we are hereby amending the revocation of the countervailing duty 
order on ceramic tile from Mexico to be effective April 23, 1985, 
instead of January 1, 1995 (60 FR 40568; August 9, 1995).

EFFECTIVE DATE: February 21, 1996.

FOR FURTHER INFORMATION CONTACT: Gayle Longest or Kelly Parkhill at the 
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 May 9, 1989 (54 FR 19930), the Department published the final 
results of administrative review of the countervailing duty order on 
ceramic tile from Mexico, covering the period January 1, 1986, through 
December 31, 1986. (54 FR 19930) On May 5, 1994, the CIT upheld the 
Department's final results of administrative review with respect to the 
issue whether the Department had authority to impose countervailing 
duties on ceramic tile from Mexico after April 23, 1985 when Mexico was 
designated as a ``country under the agreement,'' pursuant to its 
commitments under a bilateral agreement, Understanding between the 
United States and Mexico Regarding Subsidies and Countervailing Duties. 
However, the CIT remanded the case to 

[[Page 6631]]
the Department to recalculate the country-wide countervailing duty 
rate. Ceramica Regiomontana S.A., et al. v. United States, Court No. 
89-06-00323, Slip Op. 94-74 (May 5, 1994). On September 14, 1994, the 
CIT affirmed the Department's redetermination upon remand. Slip Op. 94-
142. On September 6, 1995, the CAFC reversed the CIT's decision 
regarding the issue of whether the Department had authority to impose 
duties on entries of subject merchandise made after Mexico became a 
``country under the Agreement.'' Ceramica Regiomontana S.A., et al. v. 
United States, 64 F.3d 1579 (Fed. Cir. 1995). The CAFC held that, 
absent an injury determination by the International Trade Commission, 
the Department lacks statutory authority to impose countervailing 
duties on dutiable goods imported by Mexico after April 23, 1985.

    Accordingly, the CIT ordered the Department to revoke the 1982 
Order effective April 23, 1985. According to that order, the Department 
is to ``instruct the U.S. Customs Service to refund any estimated 
countervailing duties that were deposited with the U.S. Customs Service 
during the period January 1, 1986 through December 31, 1986 with 
respect to ceramic tile from Mexico manufactured by (1) Ceramica 
Regiomontana, S.A.; (2) Ceramicas Y Pisos Industriales De Culiacan, 
S.A. de C.V.; and (3) Industrias Intercontinental, S.A., covered by 
entries that remained unliquidated at the close of business on February 
2, 1995, together with interest calculated as provided in 19 U.S.C. 
Sec. 1677g.'' Slip Op. 96-28.

Amended Revocation

    Pursuant to the CIT's order of January 31, 1996, the Department is 
hereby amending the revocation of the countervailing duty order on 
ceramic tile from Mexico to be effective for all entries made on or 
after April 23, 1985. We will instruct the U.S. Customs Service to 
refund cash deposits for entries of this merchandise manufactured by 
(1) Ceramica Regiomontana, S.A.; (2) Ceramicas Y Pisos Industriales De 
Culiacan, S.A. De C.V.; and (3) Industrias Intercontinental, S.A., 
during the period January 1, 1986 through December 31, 1986. Certain 
other entries of the subject merchandise are the subject of related 
ligitation. Upon issuance of appropriate court orders in those cases, 
we will issue liquidation instructions covering those entries.

    This notice is in accordance with section 516(a)(e) of the Act.

    Dated: February 12, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-3757 Filed 2-20-96; 8:45 am]
BILLING CODE 3510-DS-P