[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Notices]
[Pages 14553-14555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7892]



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DEPARTMENT OF COMMERCE
International Trade Administration
[C-357-803, C-357-403, C-357-002, C-357-005]


Initiation of Changed Circumstances Countervailing Duty 
Administrative Reviews: Leather From Argentina, Wool From Argentina, 
Oil Country Tubular Goods From Argentina, and Cold-Rolled Carbon Steel 
Flat-Rolled Products From Argentina

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

ACTION: Initiation of changed circumstances countervailing duty 
administrative reviews: Leather from Argentina, wool from Argentina, 
oil country tubular goods from Argentina, and cold-rolled carbon steel 
flat-rolled products from Argentina.

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SUMMARY: On September 6, 1995, the Court of Appeals for the Federal 
Circuit, in a case involving imports of Mexican ceramic tile, ruled 
that, absent an injury determination by the International Trade 
Commission (ITC), the Department of Commerce (the Department) may not 
assess countervailing duties under 19 U.S.C. 1303(a)(1) (1988; repealed 
1994) on entries of dutiable merchandise which occurred after April 23, 
1985, the date Mexico became ``a country under the Agreement.'' 
Ceramica Regiomontana v. U.S., Court No. 95-1026 (Fed. Cir., Sept. 6, 
1995) (Ceramica).
    Argentina attained the status of ``a country under the Agreement'' 
on September 20, 1991. Therefore, in consideration of the Ceramica 
decision, we are initiating changed circumstances administrative 
reviews of the countervailing duty orders on leather, wool, oil country 
tubular goods (OCTG), and cold-rolled carbon steel flat-rolled products 
from Argentina, which were in effect when Argentina became a country 
under the Agreement. These orders, which were issued under 19 U.S.C. 
1303, have entries that have not yet been liquidated. Other Argentine 
orders that were in effect at the time Argentina became a country under 
the Agreement have since been revoked and all entries liquidated.

EFFECTIVE DATE: April 2, 1996.

FOR FURTHER INFORMATION CONTACT: Brian Albright or Cameron Cardozo, 
Office of Countervailing Compliance, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 1995, the Court of Appeals for the Federal Circuit 
ruled that the Department may not assess countervailing duties under 
section 19 U.S.C. 1303(a)(1) on entries from Mexico of dutiable 
merchandise which occurred after April 23, 1985, the effective date of 
Mexico's Bilateral Agreement with the U.S. through which Mexico became 
a ``country under the Agreement.'' (Ceramica at 8). After Mexico became 
a ``country under the Agreement,'' the only provision under which the 
Department could continue to impose countervailing duties was 19 U.S.C. 
1671(a)(1988), as amended by Uruguay Round Agreements Act (1994), which 
requires the ITC to conduct an injury determination. 19 U.S.C. 
1671(a)(2). The ITC never conducted an injury investigation regarding 
imports to the United States of Mexican ceramic tile. As a result, the 
Department amended the previous revocation of the order on Ceramic Tile 
from Mexico to make the revocation effective April 23, 1985, rather 
than January 1, 1995, in

[[Page 14554]]
recognition of the Ceramica decision (61 FR 6630; February 21, 1996).
    The effective date of Argentina's bilateral agreement with the 
United States, under which it attained the status of a ``country under 
the Agreement,'' is September 20, 1991. To date, the ITC has not 
conducted injury investigations regarding imports to the United States 
of Argentine OCTG, leather, wool, or cold-rolled carbon steel flat-
rolled products. Therefore, the Department is conducting this review to 
determine whether it has the authority to assess countervailing duties 
on entries of these products occurring after September 20, 1991.
    The Department is currently conducting administrative reviews of 
the order on OCTG covering the 1991, 1992, 1993, and 1994 review 
periods. For the order on cold-rolled carbon steel flat-rolled 
products, the Department is currently conducting reviews of the 1991, 
1992, and 1993 review periods. There are no current reviews of leather 
and wool.
    Previously, all of these countervailing duty orders were determined 
to be subject to section 753 of the Tariff Act of 1930 (as amended by 
the Uruguay Round Agreements Act of 1994) (``the Act''). Countervailing 
Duty Order; Opportunity to Request a Section 753 Injury Investigation, 
60 FR 27,963 (May 26, 1995). For the order on cold-rolled carbon steel 
flat-rolled products, because no domestic interested parties exercised 
their right under section 753(a) of the Act to request an injury 
investigation, the ITC made a negative injury determination with 
respect to the order, pursuant to section 753(b)(4) of the Act, and the 
Department revoked this countervailing duty order, effective January 1, 
1995, pursuant to section 753(b)(3)(B) of the Act.
Revocation of Countervailing Duty Orders, 60 FR 40,568 (August 9, 
1995). For each of the orders on OCTG, leather, and wool, a domestic 
interested party requested an injury investigation pursuant to section 
753(a) of the Act. Therefore, these orders are still in effect pending 
the outcome of the ITC's injury investigation and entries covered by 
the orders are subject to the following cash deposit rates: OCTG, zero; 
leather, 8.02 percent to 24.16 percent; and Wool, 6.23 percent.

Scope of the Reviews

OCTG

    Imports covered by this review include shipments of Argentine oil 
country tubular goods. Oil country tubular goods include hollow steel 
products of circular cross-section intended for use in the drilling of 
oil or gas and oil well casing, tubing and drill pipe or carbon or 
alloy steel, whether welded or seamless, manufactured to either 
American Petroleum Institute (API) or proprietary specifications. The 
scope covers both finished and unfinished OCTG. The products covered in 
this review are provided for under item numbers of the Harmonized 
Tariff Schedule (HTS): 7304.20.20, 7304.20.40, 7304.20.50, 7304.20.60, 
7304.20.80, 7304.39.00, 7304.51.50, 7304.20.70, 7304.59.60, 7304.59.80, 
7304.90.70, 7305.20.40, 7305.20.60, 7305.20.80, 7305.31.40, 7305.31.60, 
7305.39.10, 7305.39.50, 7305.90.10, 7305.90.50, 7306.20.20, 7306.20.30, 
7306.20.40, 7306.20.60, 7306.20.80, 7306.30.50, 7306.50.50, 7306.60.70, 
7306.90.10. The HTS subheadings are provided for convenience and 
Customs purposes. The written description remains dispositive.

Wool

    Imports covered by these reviews include shipments of Argentine 
wool finer than 44s and not on the skin. These products are provided 
for under item numbers of the HTS: 5101.11.60, 5101.19.60, 5101.21.40, 
and 5101.29.40. The HTS subheadings are provided for convenience and 
Customs purposes. The written description remains dispositive.

Leather

    Imports covered by these reviews include shipments of Argentine 
leather. The types of leather that are covered include bovine 
(excluding upper and lining leather not exceeding 28 square feet, 
buffalo leather, and upholstery leather), sheep (excluding vegetable 
pretanned sheep and lambskin leather), swine, reptile (excluding 
vegetable pretanned and not fancy reptile leather), patent leather, 
calf and kip patent laminated, and metalized leather. Leather is an 
animal skin that has been subjected to certain treatment to make it 
serviceable and resistant to decomposition. It is used in the footwear, 
clothing, furniture and other industries. The types of leather included 
within the scope are currently classified under HTS item numbers 
4104.10.60, 4104.10.80, 4104.21.00, 4104.22.00, 4104.29.50, 4104.29.90, 
4104.31.50, 4104.31.60, 4104.31.80, 4104.39.50, 4104.39.60, 4104.39.80, 
4105.12.00, 4105.19.00, 4105.20.30, 4105.20.60, 4107.10.00, 4107.29.60, 
4107.90.30, 4107.90.60, 4109.00.30, 4109.00.40, and 4109.00.70. The HTS 
subheadings are provided for convenience and Customs purposes. The 
written description remains dispositive.

Cold-Rolled Carbon Steel Flat-Rolled Products

    Imports covered by these reviews include shipments of Argentine 
cold-rolled carbon steel flat-rolled products, whether or not 
corrugated or crimped; whether or not painted or varnished and whether 
or not pickled; not cut, not pressed, and not stamped to non-
rectangular shape; not coated or plated with metal; over 12 inches in 
width and under 0.1875 inches in thickness whether or not in coils; as 
currently provided for under the following item numbers of the HTS: 
7209.11.00, 7209.12.00, 7209.13.00, 7209.14.00, 7209.21.00, 7209.22.00, 
7209.23.00, 7209.24.00, 7209.31.00, 7209.32.00, 7209.33.00, 7209.34.00, 
7209.41.00, 7209.42.00, 7209.43.00, 7209.44.00, 7209.90.00, 7210.70.00, 
7211.30.50, 7211.41.70, 7211.49.50, 7211.90.00, 7212.40.50. The HTS 
item numbers are provided for convenience and Customs purposes. The 
written description remains dispositive.

Initiation of Changed Circumstances Countervailing Duty Administrative 
Reviews

    We are hereby notifying the public that we are initiating changed 
circumstances administrative reviews of the countervailing duty orders 
on leather, wool, OCTG, and cold-rolled carbon steel flat-rolled 
products from Argentina. The Department is initiating these reviews to 
determine whether it has the authority to assess countervailing duties 
on entries of these products occurring after September 20, 1991, the 
date on which Argentina attained the status as a country under the 
Agreement. In doing so, the Department will examine, among any other 
issues raised, the following factors: (1) The applicability of the 
Ceramica decision to the four Argentine cases involved in these 
reviews; (2) if the Ceramica decision is applicable, whether it is 
necessary to determine if injury exists now or existed at the time of 
Argentina's bilateral agreement; and (3) the implications of section 
753 of the Act on OCTG, leather, and wool (i.e., should the requests 
for section 753 injury investigations in those cases affect our 
decisions on the above issues).
    We invite interested parties to comment on this action, 
specifically on the issues detailed above. Interested parties may 
submit written arguments in case briefs within 30 days of the date of 
publication of this notice. Rebuttal briefs, limited to arguments 
raised in case briefs, may be submitted seven days after the time limit 
for filing the

[[Page 14555]]
case brief. Parties must specify which of the four orders their 
comments or rebuttal briefs address. In addition, interested parties 
may only comment with respect to the order(s) for which they are 
interested parties; they may not submit comments for the other orders. 
Parties who submit arguments in this proceeding are requested to submit 
with the argument: (1) The name of the interested party on behalf of 
which the argument is submitted, (2) a statement of the issue, and (3) 
a brief summary of the argument. Copies of case briefs and rebuttal 
briefs must be served on interested parties in accordance with 19 CFR 
355.38(e).
    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 355.34(b).
    This notice is published in accordance with section 751(b)(1) of 
the Act (19 U.S.C. 1675(b)(1) and 19 CFR 355.22(h).

    Dated: March 22, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-7892 Filed 4-1-96; 8:45 am]
BILLING CODE 3510-DS-P