[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Notices]
[Pages 52973-52974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27031]


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DEPARTMENT OF COMMERCE

International Trade Administration
[C-351-406]


Certain Agricultural Tillage Tool From Brazil; 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 July 9, 1997, the Department of Commerce (``the 
Department'') published in the Federal Register its preliminary results 
of administrative review of the countervailing duty order on certain 
agricultural tillage tools from Brazil for the period January 1, 1995 
through December 31, 1995 (62 FR 36771). The Department has now 
completed this administrative review in accordance with section 751(a) 
of the Tariff Act of 1930, as amended. For information on the net 
subsidy for the reviewed company, and for all non-reviewed companies, 
please see the Final Results of Review section of this notice.

EFFECTIVE DATE: October 10, 1997.

FOR FURTHER INFORMATION CONTACT: Lorenza Olivas or Gayle Longest, 
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

    Pursuant to 19 CFR 355.22(a), this review covers only those 
producers or exporters of the subject merchandise for which a review 
was specifically requested. Accordingly, this review covers the 
producer/exporter of the subject merchandise Marchesan Implementos 
Agricolas, S.A. (Marchesan). This review covers the period January 1, 
1995 through December 31, 1995, and five programs.
    We published the preliminary results of review on July 9, 1997 (62 
FR 36771) and invited interested parties to comment. We received no 
comments on our preliminary results.

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions of the Tariff Act of 1930 (``the Act''), 
as amended by the Uruguay Round Agreements Act (``URAA''), effective 
January 1, 1995. In addition, all references to the Department's 
regulations are to the provisions codified at 19 CFR Part 355 (April 
1997). The Department is conducting this administrative review in 
accordance with Sec. 751(a) of the Act.

Scope of the Review

    Imports covered by this review are shipments of certain round 
shaped agricultural tillage tools (discs) with plain or notched edge, 
such as colters and furrow-opener blades. During the review period, 
such merchandise was classifiable under item numbers 8432.21.00, 
8432.29.00, 8432.80.00 and 8432.90.00 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

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:
    1. Accelerated Depreciation for Brazilian-Made Capital Goods
    2. Preferential Financing for Industrial Enterprises by Banco do 
Brasil (FST and EGF loans)
    3. SUDENE Corporate Income Tax Reduction for Companies Located in 
the Northeast of Brazil
    4. Preferential Financing under PROEX (formerly under Resolution 68 
and 509 through FINEX)
    5. Preferential Financing under FINEP
    We did not receive any comments on these programs from the 
interested parties, and our review of the record has not led us to 
change our findings from the preliminary results.

Final Results of Review

    In accordance with 19 C.F.R. 355.22(c)(4)(ii), we calculated an 
individual subsidy rate for the only producer/exporter subject to this 
administrative review. For the period January 1, 1995 through December 
31, 1995, we determine the net subsidy for Marchesan to be zero percent 
ad valorem.
    The Department will instruct the U.S. Customs Service (Customs) to 
liquidate, without regard to countervailing duties, shipments of the 
subject merchandise from Marchesan exported on or after January 1, 
1995, and on or before December 31, 1995. The Department will also 
instruct Customs to collect a cash deposit of estimated countervailing 
duties of zero percent on all shipments of this merchandise from 
Marchesan, entered or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this 
administrative review.
    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. 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, and cash 
deposits must continue to be collected, at the rate previously ordered.

[[Page 52974]]

As such, the countervailing duty cash deposit rate applicable to a 
company can no longer change, except pursuant to a request for a review 
of that company. See Federal-Mogul Corporation and The Torrington 
Company v. United States, 822 F. Supp. 782 (CIT 1993) and Floral Trade 
Council v. United States, 822 F. Supp. 766 (CIT 1993) (interpreting 19 
CFR Sec. 353.22(e), the antidumping regulation on automatic assessment, 
which is identical to 19 CFR Sec. 355.22(g)). Therefore, the cash 
deposit rates for all companies except those covered by this review 
will be unchanged by the results of this review.
    We will instruct Customs to continue to collect cash deposits for 
non-reviewed companies at the most recent company-specific or country-
wide rate applicable to the company. These rates shall apply to all 
non-reviewed companies until a review of a company assigned these rates 
is requested. In addition, for the period January 1, 1995 through 
December 31, 1995, the assessment rates applicable to all non-reviewed 
companies covered by this order are the cash deposit rates in effect at 
the time of entry.
    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: October 3, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-27031 Filed 10-9-97; 8:45 am]
BILLING CODE 3510-DS-P