[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Notices]
[Pages 63071-63074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31132]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-549-401]
Certain Apparel From Thailand; 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 September 3, 1997, the Department of Commerce published in
the Federal Register its preliminary results of administrative review
of the countervailing duty order on Certain Apparel from Thailand for
1991. The Department of Commerce has now completed this review in
accordance with section 751(a) of the Tariff Act of 1930, as amended.
For information on the net bounty or grant, please see the ``Final
Results of Review'' section. We will instruct the U.S. Customs Service
to assess countervailing duties as indicated in that section.
EFFECTIVE DATE: November 26, 1997.
FOR FURTHER INFORMATION CONTACT: Robert Copyak or Constance Cunningham,
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:
Applicable Statute and Regulations
The Department of Commerce (the Department) is conducting this
administrative review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act). Unless otherwise indicated, all
citations to the statute and to the Department's regulations are in
reference to the provisions as they existed on December 31, 1994.
Background
On September 3, 1997, the Department published in the Federal
Register (62 FR 46475) the preliminary results of its administrative
review of the countervailing duty order on Certain Apparel from
Thailand. Since the publication of the preliminary results, the
following events have occurred. We invited interested parties to
comment on the preliminary results. On September 23, 1997, we received
one comment from UNITE, formerly known as the
[[Page 63072]]
Amalgamated Clothing and Textile Workers Union, indicating support for
the preliminary results.
This review covers the period January 1, 1991, through December 31,
1991, and involves 19 companies and 4 programs.
Scope of Review
Imports covered by this review are certain apparel from Thailand.
Such merchandise is described in detail in the Appendix to this notice.
Calculation Methodology for Assessment Purposes
The country-wide rate we calculated for this administrative review
was above de minimis, as defined by 19 CFR Sec. 355.7 (1994). We
examined the net rate calculated for each company to determine whether
individual company rates differed significantly from the weighted-
average country-wide rate, pursuant to 19 CFR Sec. 355.22(d)(3). Four
companies had significantly different net rates during the review
period. These companies are treated separately for assessment purposes.
All other companies are assigned the country-wide rate. See ``Final
Results of Review'' section, below.
Analysis of Programs
I. Programs Conferring Subsidies
In the preliminary results we found that these programs conferred
countervailable benefits on the subject merchandise. Our review of the
record has not led us to change our findings from the preliminary
results. On this basis, the weighted-average bounty or grant for these
programs are as follows:
------------------------------------------------------------------------
Program
Program name rate
(percent)
------------------------------------------------------------------------
Export Packaging Credits.................................... 0.55
Tax Certificates for Exports................................ .31
Electricity Discounts for Exporters......................... .20
Investment Promotion Act (IPA)--Sections 28 and 36(4)....... .07
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II. Programs Found Not to be used
We determine that the producers and/or exporters of the subject
merchandise did not apply for or receive benefits under the following
programs:
A. Rediscount of Industrial Bills
B. Assistance for Trading Companies
C. IPA (Sections 29, 30, 31, 33, 36(1-3))
D. Export Processing Zones
E. Financing from the Industrial Finance Corporation of Thailand
Final Results of Review
For the period January 1, 1991 through December 31, 1991, we
determine the net bounty or grant to be 1.13 percent ad valorem for all
companies except Thai Garment Export Co., Ltd., Fairtex Garment Co.,
Ltd., Fang Brothers Holding (Thailand) Co., Ltd., and East Asia Textile
Ind. Co., Ltd., which have de minimis rates. In accordance with 19 CFR
355.7, any rate less than 0.5 percent ad valorem is de minimis.
The Department will instruct the U.S. Customs Service to assess
countervailing duties of 1.13 percent ad valorem for all shipments of
the subject merchandise exported on or after January 1, 1991, and on or
before December 31, 1991, for all producers and exporters except Thai
Garment Export Co., Ltd., Fairtex Garment Co., Ltd., Fang Brothers
Holding (Thailand) Co., Ltd., and East Asia Textile Co., Ltd. For these
companies, the Department will instruct the U.S. Customs Service to
liquidate all shipments of the subject merchandise without regard to
countervailing duties.
As noted above, this countervailing duty order was subject to
section 753 of the Act, as amended by the URAA. See Countervailing Duty
Order; Opportunity to Request a Section 753 Injury Investigation (60 FR
27,693, May 26, 1995). Because no domestic interested parties 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. See Revocation of Countervailing Duty
Order (60 FR 40568, August 9, 1995) and Notice of Determination to
Amend Revocation, in Part, of Countervailing Duty Order (62 FR 392,
January 3, 1997). 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 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)) and 19 CFR 355.22.
Dated: November 19, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
Appendix
[C-549-401]
Countervailing Duty Order on Certain Apparel From Thailand; Harmonized
Tariff Schedule Numbers
------------------------------------------------------------------------
HTS No. Annotation
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6101.2000................... Coverage excludes garments having
embroidery or permanently affixed
applique work on the outer surface.
6101.3020
6102.1000
6103.1920................... Coverage limited to garments that would be
covered if separately entered.
6103.2200................... Coverage limited to garments that would be
covered if separately entered.
6103.2300................... Coverage limited to garments that would be
covered if separately entered.
6103.2910................... Coverage limited to garments that would be
covered if separately entered.
6103.4210................... Coverage excludes garments having
embroidery or permanently affixed
applique work on the outer surface.
6103.4315................... Coverage excludes garments having
embroidery or permanently affixed
applique work on the outer surface.
6103.4910................... Coverage excludes garments having
embroidery or permanently affixed
applique work on the outer surface.
6104.1320
6104.1915
6104.2100.10
6104.2100.30
6104.2100.40
[[Page 63073]]
6104.2100.60
6104.2100.80
6104.2200.10
6104.2200.60
6104.2200.80
6104.2200.90
6104.2300.22
6104.2910.60
6104.5100................... Coverage excludes garments having
embroidery or permanently affixed
applique work on the outer surface.
6104.5310................... Coverage limited to wool skirts.
6104.5910................... Coverage limited to wool skirts; coverage
excludes girls' skirts or divided skirts
not having embroidery or permanently
affixed applique work on the outer
surface.
6104.6920................... Coverage limited to wool trousers.
6105.1000
6105.2020
6106.1000
6109.1000
6109.9010.07
6109.9010.09
6109.9010.13
6109.9010.25
6109.9010.47
6109.9010.49................ Coverage excludes garments having
embroidery or permanently affixed
applique work on the outer surface.
6110.2020................... Coverage excludes men's or boys' garments
having embroidery or permanently affixed
applique work on the outer surface.
6110.3030.05
6110.3030.10
6110.3030.15
6110.3030.20
6110.3030.25
6110.3030.40
6110.3030.50
6111.3040................... Coverage limited to sweaters; coverage
excludes garments having embroidery or
permanently affixed applique work on the
outer surface.
6111.3050
6111.9040 Coverage limited to sweaters.
6111.9050
6112.1200.10
6112.1200.30
6112.1200.50
6112.1910.10................ Coverage limited to men's and boy's
garments that would be covered if
separately entered.
6112.1910.30................ Coverage excludes men's or boy's garments
that would be covered if separately
entered.
6112.1910.50................ Coverage excludes men's or boy's garments
that would be covered if separately
entered.
6112.2010.10................ Coverage excludes men's or boy's garments
that would be covered if separately
entered.
6112.2010.30................ Coverage limited to men's and boy's
garments that would be covered if
separately entered.
6112.2010.50................ Coverage excludes men's or boy's garments
that would be covered if separately
entered.
6112.2010.60................ Coverage excludes men's or boy's garments
that would be covered if separately
entered.
6112.2010.80................ Coverage limited to men's and boy's
garments that would be covered if
separately entered.
6114.2000
6114.3010.10
6114.3030
6201.1220
6201.1340
6201.9220
6203.1910................... Coverage limited to garments that would be
covered if separately entered.
6203.2230................... Coverage limited to garments that would be
covered if separately entered.
6203.2300................... Coverage limited to garments that would be
covered if separately entered.
6203.2920................... Coverage limited to garments that would be
covered if separately entered.
6203.4240
6203.4340
6203.4920
6204.2300................... Coverage limited to woolen garments that
would be covered if separately entered.
6204.2920.10
6204.2920.30
6204.2920.40
6204.2920.50................ Coverage limited to garments that would be
covered if separately entered.
6205.2020
6208.2200
6208.9200.30
6208.9200.40
6209.2050
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[[Page 63074]]
[FR Doc. 97-31132 Filed 11-25-97; 8:45 am]
BILLING CODE 3510-DS-P