[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Notices]
[Pages 39439-39440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19213]


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DEPARTMENT OF COMMERCE
[C-791-001]


Ferrochrome From South Africa; Final Results of Countervailing 
Duty Administrative Review

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

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

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SUMMARY: On May 1, 1996, the Department of Commerce (the Department) 
published in the Federal Register its preliminary results of 
administrative review of the countervailing duty order on ferrochrome 
from South Africa for the period January 1, 1994 through December 31, 
1994 (61 FR 19259). The Department has now completed this 
administrative review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended by the Uruguay Round Agreements Act (URAA) (the 
Act). For information on the net subsidy for each reviewed company, and 
for all non-reviewed companies, please see the Final Results of Review 
section of this notice. We will instruct the U.S. Customs Service to 
assess countervailing duties as detailed in the

[[Page 39440]]

Final Results of Review section of this notice.

EFFECTIVE DATE: July 29, 1996.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Melanie Brown, 
Office of CVD/AD Enforcement, 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

    Pursuant to section 355.22(a) of the Department's Interim 
Regulations, this review covers only those producers or exporters of 
the subject merchandise for which a review was specifically requested. 
See Antidumping and Countervailing Duties: Interim regulations; request 
for comments, 60 FR 25130, 25139 (May 11, 1995). Accordingly, this 
review covers Chrome Resources (Pty) Ltd., Consolidated Metallurgical 
Industries Limited, Feralloys Limited, and Samancor, Limited. This 
review also covers seven programs.
    Because this countervailing duty order was revoked effective 
January 1, 1995, pursuant to section 753 of the Act, (60 FR 40568 
(August 9, 1995)), the Department conducted this administrative review 
to determine the appropriate assessment rate for entries made during 
the last review period prior to revocation (January 1, 1994 through 
December 31, 1994). We published the preliminary results of this review 
on May 1, 1996 (61 FR 19259). We invited interested parties to comment 
on the preliminary results. We received no comments from any of the 
parties.

Scope of the Review

    Imports covered by this review are ferrochrome from South Africa, 
which is currently classifiable under items 7202.41.00, 7202.49.10, and 
7202.49.50 of the Harmonized Tariff Schedule (HTS). The HTS item 
numbers are provided for convenience and Customs purposes. The written 
description remains dispositive.

Analysis of Programs

    Based upon the responses to our questionnaire, we determine the 
following:

I. Program Conferring Subsidies

Regional Industrial Development Incentives
    In the preliminary results, we found that Regional Industrial 
Development Incentives conferred countervailable benefits on the 
subject merchandise. Because no interested parties submitted written 
comments, we have not changed our finding from the preliminary results.

II. Programs Found to be Not Used

    In the preliminary results, we found that the producers and/or 
exporters of the subject merchandise did not apply for or receive 
benefits under the following programs:

A. Export Incentive Program
B. General Export Incentive Scheme
C. Industrial Development Corporation Loans
D. Preferential Rail Rates
E. Beneficiation Allowance/Electricity Rebate
F. Government Loan Guarantees

Because no interested parties submitted written comments, we have not 
changed our findings from the preliminary results.

Final Results of Review

    In accordance with section 355.22(c)(4)(ii) of the Department's 
Interim Regulations, we calculated an individual subsidy rate for each 
producer/exporter subject to this administrative review. For the period 
January 1, 1994 through December 31, 1994, we determine the net 
subsidies to be as follows:

------------------------------------------------------------------------
                                                                  Net   
                                                                subsidy 
               Net subsidies--producer/exporter                   rate  
                                                               (percent)
------------------------------------------------------------------------
Chrome Resources (Pty) Ltd...................................      00.20
Consolidated Metallurgical Industries Limited................      00.00
Feralloys Limited............................................      00.00
Samancor, Limited............................................     00.001
------------------------------------------------------------------------

    As provided for in the Act, any rate less than 0.5 percent ad 
valorem in an administrative review is de minimis. Accordingly, the 
Department intends to instruct Customs to liquidate, without regard to 
countervailing duties, shipments of the subject merchandise from Chrome 
Resources (Pty) Ltd., Consolidated Metallurgical Industries Limited, 
Feralloys Limited, and Samancor, Limited, exported on or after January 
1, 1994, and on or before December 31, 1994.
    Because the URAA replaced the general rule in favor of a country-
wide rate with a general rule in favor of individual rates for 
investigated and reviewed companies, the procedures for establishing 
countervailing duty rates, including those for non-reviewed companies, 
are now essentially the same as those in antidumping cases, except as 
provided for in section 777A(e)(2)(B) of the Act. The requested review 
will normally cover only those companies specifically named. See 
section 355.22(a) of the Interim Regulations. Pursuant to 19 CFR 
Sec. 355.22(g), for all companies for which a review was not requested, 
duties must be assessed at the cash deposit rate previously ordered. 
Accordingly, we will instruct Customs to liquidate at the cash deposit 
rate in effect at the time of entry all entries of subject merchandise 
from non-reviewed companies.
    This countervailing duty order was subject to section 753 of the 
Act. See Countervailing Duty Order; Opportunity to Request a Section 
753 Injury Investigation, 60 FR 27693 (May 26, 1995). Because no 
domestic interested party exercised their right under section 753 (a) 
of the Act to request an injury investigation, the International Trade 
Commission made a negative injury determination with respect to this 
order, pursuant to section 753(b)(4) of the Act. As a result, 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 40568 (August 9, 1995). Accordingly, 
the Department will not issue further instructions with respect to cash 
deposits of estimated countervailing duties.
    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR Sec. 355.34(d). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)).

    Dated: July 22, 1996.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 96-19213 Filed 7-26-96; 8:45 am]
BILLING CODE 3510-DS-P