[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
------------------------------------------------------------------------

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