[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ------------------------------------------------------------------------ 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 ------------------------------------------------------------------------ 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 ------------------------------------------------------------------------ [[Page 63074]] [FR Doc. 97-31132 Filed 11-25-97; 8:45 am] BILLING CODE 3510-DS-P