[Federal Register Volume 61, Number 221 (Thursday, November 14, 1996)]
[Notices]
[Pages 58383-58384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29092]
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DEPARTMENT OF COMMERCE
[C-122-404]
Live Swine From Canada; Amended Final Results of Countervailing
Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of Countervailing Duty
Administrative Reviews.
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SUMMARY: On October 7, 1996, the Department of Commerce (``the
Department'') published in the Federal Register the final results of
three administrative reviews of the countervailing duty order on live
swine from Canada (61 FR 52408). Based on corrections of ministerial
errors, we are now amending the final results of the three reviews.
EFFECTIVE DATE: November 14, 1996.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore, Cameron Cardozo or Norma Curtis, Office of CVD/AD
Enforcement VI, 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 October 7, 1996, the Department published the final results of
three administrative reviews of the countervailing duty order on live
swine from Canada (61 FR 52408). The periods covered by these
administrative reviews are April 1, 1991 through March 31, 1992, April
1, 1992 through March 31, 1993, and April 1, 1993 through March 31,
1994. These reviews were conducted on an aggregate basis and involved
43 programs.
On October 10, 1996, we received a timely allegation from the
Canadian Pork Council (CPC), respondents, that the Department had made
ministerial errors in calculating the final results in these reviews.
Applicable Statute and Regulations
Unless otherwise stated, all citations to the statute and to the
Department's regulations are references to the provisions as they
existed on December 31, 1994.
Scope of the Reviews
On August 29, 1996, the Final Results of Changed Circumstances
Countervailing Duty Administrative Review, and Partial Revocation were
published (61 FR 45402), in which we revoked the order, in part,
effective April 1, 1991, with respect to slaughter sows and boars and
weanlings from Canada, because this portion of the order was no longer
of interest to domestic interested parties. As a result, the
merchandise now covered by the order and by these administrative
reviews is live swine except U.S. Department of Agriculture certified
purebred breeding swine, slaughter sows and boars and weanlings
(weanlings are swine weighing up to 27 kilograms or 59.5 pounds.) The
merchandise subject to the order is classifiable under the Harmonized
Tariff Schedule (HTS) item numbers 0103.91.00 and 0103.92.00. The HTS
item numbers are provided for
[[Page 58384]]
convenience and Customs purposes. The written description remains
dispositive.
Ministerial Errors in Final Results of Reviews
A. 1991-92, 1992-93, and 1993-94 Administrative Reviews
The respondents allege that in the final results of these reviews,
the Department incorrectly calculated the benefit for the Feed Freight
Assistance Program (FFA). At the October 3, 1996 disclosure conference,
the Department reiterated, as stated in the preliminary results of
these reviews, that to determine the FFA benefit in each review, we
used the same methodology applied in the sixth administrative review of
this order. The respondents argue that in these reviews the Department
added a step to its calculation methodology not present in the sixth
administrative review. To calculate the FFA benefit in each review, the
Department first calculated the share of the province's swine
production that was eligible for this benefit and then used this
number, rather than total production, to calculate the benefit per
kilo. The respondents argue that the first step should be removed from
the calculations and that the benefit should be calculated based on the
total swine production.
We have reviewed the calculations for this program and we agree
that we added a calculation step that we did not intend to add, and as
a result we did not use the same methodology as in the sixth review.
Accordingly, to be consistent with the calculation methodology used by
the Department in the sixth administrative review, we have corrected
the ministerial errors where appropriate. The net subsidies for this
program are now Can$0.0002 per kilogram for the 1991-92 review period,
Can$0.0001 per kilogram for the 1992-93 review period, and Can$0.0001
per kilogram for the 1993-94 review period.
B. 1992-93 Administrative Review
The respondents allege that the Department made a clerical error in
calculating the benefit for the Alberta Crow Benefit Offset Program.
The respondents claim that the Department inaccurately calculated the
total swine consumption of grain when multiplying the number of live
swine produced during the period of review by the per swine consumption
of grain. As a result, the total benefit for this program was
calculated by the Department inaccurately. We have reviewed the
calculations for this program and found that the calculations are
accurate. Any apparent discrepancy is due to the computation of
rounded-off figures, which takes into account underlying decimals that
do not appear on the spreadsheet. Accordingly, we have not changed the
calculation of the benefit for this program.
C. 1993-94 Administrative Review
The respondents allege that the Department made a clerical error in
calculating the benefit for the British Columbia Farm Income Insurance
Program. The respondents claim that the Department inaccurately divided
the total benefit by the production of live swine in kilos due to a
typographical error. We have reviewed the calculations for this program
and we agree that there was a data input error resulting in an
incorrect division of numbers. Accordingly, we have corrected the
ministerial error. The net subsidy for this program is now less than
Can$0.0001 per kilogram for the 1993-94 period of review.
Amended Final Results of Reviews
As a result of correcting the final results for these ministerial
errors, we determine the total net subsidies on live swine from Canada
to be Can$0.597 per kilogram for the period April 1, 1991 through March
31, 1992, Can$0.0611 per kilogram for the period April 1, 1992 through
March 31, 1993, and Can$0.0100 per kilogram for the period April 1,
1993 through March 31, 1994.
The Department will instruct the U.S. Customs Service to assess
countervailing duties of Can$0.0597 per kilogram on shipments of live
swine from Canada exported on or after April 1, 1991 and on or before
March 31, 1992, Can$0.0611 per kilogram on shipments of live swine from
Canada exported on or after April 1, 1992 and on or before March 31,
1993, and Can$0.0100 per kilogram on shipments of live swine from
Canada exported on or after April 1, 1993 an on or before March 31,
1994.
The Department will also instruct the U.S. Customs Service to
collect a cash deposit of estimated countervailing duties of Can$0.0100
per kilogram on shipments of all live swine from Canada entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the amended final results of administrative reviews.
These cash deposit requirements will remain in effect until publication
of the final results of the next administrative review.
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 C.F.R. 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 amendment of final results of reviews and notice are in
accordance with section 751(f) of the Act (19 U.S.C. 1675(f)) and 19
CFR 355.28(c).
Dated: November 6, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-29092 Filed 11-13-96; 8:45 am]
BILLING CODE 6717-01-M