[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Notices]
[Pages 33053-33054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16105]



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DEPARTMENT OF COMMERCE

International Trade Administration
[C-401-056]


Viscose Rayon Staple Fiber From Sweden; 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 February 9, 1998, the Department of Commerce published in 
the Federal Register its preliminary results of administrative review 
of the countervailing duty order on viscose rayon staple fiber from 
Sweden for the period January 1, 1996 through December 31, 1996 (63 FR 
6534). 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 each reviewed company, and for 
all non-reviewed companies, please see the Final Results of Review 
section of this notice. We will instruct the U.S. Customs Service to 
assess countervailing duties as detailed in the Final Results of Review 
section of this notice.

EFFECTIVE DATE: June 17, 1998.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Eric Greynolds, 
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 C.F.R. 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 Svenska 
Rayon AB (Svenska). This review also covers the period January 1, 1996 
through December 31, 1996, and six programs.
    We published the preliminary results on February 9, 1998 (63 FR 
6534). We invited interested parties to comment on the preliminary 
results. We received no comments from any of the parties.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions of the Tariff Act of 1930, as amended by 
the Uruguay Round Agreements Act (URAA) effective January 1, 1995 (the 
Act). The Department is conducting this administrative review in 
accordance with section 751(a)(1)(A) of the Act. In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to 19 C.F.R. part 355 (1997).

Scope of the Review

    Imports covered by this review are shipments from Sweden of regular 
viscose rayon staple fiber and high-wet modulus (modal) viscose rayon 
staple fiber. Such merchandise is classifiable under item number 
5504.10.00 of the Harmonized Tariff Schedule (HTS). The HTS item is 
provided for convenience and Customs purposes. The written description 
remains dispositive.

Analysis of Programs

    Based upon the responses to our questionnaire, we determine the 
following:

I. Program Found to Confer Subsidies

Recruitment Subsidy Program
    In the preliminary results, based on facts available, we found that 
this program conferred countervailable subsidies on the subject 
merchandise. We did not receive any comments on this program from the 
interested parties, and our review of the record has not led us to 
change our findings from the preliminary results. Accordingly, the net 
subsidy for this program of 0.06 percent ad valorem remains unchanged 
from the preliminary results.

II. Programs Found to be Not Used

    In the preliminary results, we found that Svenska did not apply for 
or receive benefits under the following programs:

A. Grants for Temporary Employment for Public Works
B. Regional Development Grant
C. Transportation Grants
D. Location-of-Industry Loans

    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.

III. Program Found to be Terminated

    In the preliminary results, we found the following program to be 
terminated and that no residual benefits were being provided:

A. Manpower Reduction Grants Program

    We did not receive any comments on this program 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 each producer/exporter subject to this 
administrative review. For the period January 1, 1996 through December 
31, 1996, we determined the net subsidy for Svenska to be 0.06 percent 
ad valorem. 
    As provided for in the Act, any rate less than 0.5 percent ad 
valorem in an administrative review is de minimis. See section 
703(b)(4)(A) of the Act. Accordingly, we will instruct the U.S. Customs 
Service (``Customs'') to liquidate without regard to countervailing 
duties all shipments of this merchandise exported on or after January 
1, 1996, and on or before December 31, 1996. The Department will also 
instruct Customs to collect a cash deposit of estimated countervailing 
duties of zero percent ad valorem, as provided for by section 751(a) of 
the Act, on all shipments of this merchandise from Svenska, entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this 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 (see section 777A(e) of the Act), 
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. See 19 C.F.R. 355.22(a). Pursuant to 19 
C.F.R. 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. 
As such, the countervailing duty cash deposit rate applicable to a 
company can no longer change, except pursuant to 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 C.F.R. 
353.22(e), the antidumping regulation on automatic assessment, which is 
virtually identical to 19 C.F.R. 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.

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    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. Accordingly, the cash deposit 
rates that will be applied to non-reviewed companies covered by this 
order will be the rate for that company established in the most 
recently completed administrative proceeding conducted under the URAA. 
If such a review has not been conducted, the rate established in the 
most recently completed administrative proceeding pursuant to the 
statutory provisions that were in effect prior to the URAA amendments 
is applicable. 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, 1996 through December 31, 1996, 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 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 administrative review is issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act (19 U.S.C. 1675(a)(1) 
and 19 U.S.C. 1677 f (i)).

    Dated: June 8, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-16105 Filed 6-16-98; 8:45 am]
BILLING CODE 3510-DS-P