[Federal Register Volume 67, Number 12 (Thursday, January 17, 2002)]
[Notices]
[Pages 2511-2514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1175]


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DEPARTMENT OF THE TREASURY

Customs Service


Distribution of Continued Dumping and Subsidy Offset to Affected 
Domestic Producers

AGENCY: Customs Service, Department of the Treasury.

ACTION: Notice of intent to distribute offset for Fiscal Year 2001.

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SUMMARY: Pursuant to the Continued Dumping and Subsidy Offset Act of 
2000, this document is Customs notice of intention to distribute 
assessed antidumping or countervailing duties (known as the continued 
dumping and subsidy offset) for Fiscal Year 2001 in connection with 
certain antidumping duty orders or findings or countervailing duty 
orders that were not previously listed in the notice of intent to 
distribute the offset for Fiscal Year 2001 that was published in the 
Federal Register on August 3, 2001. This document sets forth those 
additional antidumping duty orders or findings and countervailing duty 
orders that were not previously listed, together with the affected 
domestic producers associated with each order or finding who are 
potentially eligible to receive a distribution. This document also 
provides the instructions for affected domestic producers to file 
written certifications to claim a distribution in relation to the 
listed orders or findings and the dollar amount of the offset for each 
order or finding that is available for distribution.

DATES: Written certifications to obtain a continued dumping and subsidy 
offset under a particular order or finding must be received by March 
18, 2002.

ADDRESSES: Written certifications should be addressed to: Assistant 
Commissioner, Office of Regulations and Rulings, U.S. Customs Service, 
1300 Pennsylvania Avenue, NW., 3rd Floor, Washington, DC 20229 (ATTN: 
Jeffrey J. Laxague).

FOR FURTHER INFORMATION CONTACT: Jeffrey J. Laxague, Office of 
Regulations and Rulings, (202-927-0505).

SUPPLEMENTARY INFORMATION:

Background

    The Continued Dumping and Subsidy Offset Act of 2000 (``CDSOA'') 
was enacted on October 28, 2000, as part of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (``Act''). The provisions of the CDSOA are 
contained in Title X (sections 1001--1003) of the Act.
    The CDSOA, in section 1003 of the Act, amended Title VII of the 
Tariff Act of 1930, by adding a new section 754 (codified at 19 U.S.C. 
1675c) in order to provide that assessed duties received pursuant to a 
countervailing duty order, an antidumping duty order, or an antidumping 
duty finding under the Antidumping Act of 1921, must be distributed to 
affected domestic producers for certain qualifying expenditures that 
these producers incur after the issuance of such an order or finding. 
The term ``affected domestic producer'' means any manufacturer, 
producer, farmer, rancher or worker representative (including 
associations of such persons) that--
    (A) Was a petitioner or interested party in support of a petition 
with respect to which an antidumping order, a finding under the 
Antidumping Act of 1921, or a countervailing duty order has been 
entered, and
    (B) Remains in operation.
    The distribution that these parties may receive is known as the 
continued dumping and subsidy offset.

List of Orders or Findings and Affected Domestic Producers

    It is the responsibility of the U.S. International Trade Commission 
(USITC) to ascertain and timely forward to Customs a list of the 
affected domestic producers that are potentially eligible to receive an 
offset in connection with an order or finding.
    To this end, it is noted that the USITC previously supplied Customs 
with the list of individual antidumping and countervailing duty cases 
for Fiscal Year 2001, and the affected domestic producers associated 
with each case that were potentially eligible to receive an offset. 
These cases were the subject of a notice of intent to distribute the 
continued dumping and subsidy offset for Fiscal Year 2001 that was 
published in the Federal Register (66 FR 40782) on August 3, 2001.
    However, a number of antidumping and countervailing duty cases were 
not included on the previously-supplied list of cases that were subject 
to a distribution of the continued dumping and subsidy offset for 
Fiscal Year 2001. Accordingly, this notice essentially constitutes a 
supplement to the August 3, 2001, Federal Register notice for the 
purpose of listing the additional antidumping duty orders or findings 
or countervailing duty orders that are subject to a distribution of the 
offset for Fiscal Year 2001.

Customs Regulations Implementing the CDSOA

    It is noted that Customs published a final rule in the Federal 
Register (66 FR 48546) on September 21, 2001, as T.D. 01-68, which was 
effective as of that date, in order to implement the CDSOA. The final 
rule added a new subpart F to part 159 of the Customs Regulations (19 
CFR part 159, subpart F (Secs. 159.61-159.64)).

Notice of Intent to Distribute Offset

    This document announces Customs intention to distribute to affected 
domestic producers the assessed antidumping or countervailing duties 
that were available for distribution in Fiscal Year 2001 in connection 
with those antidumping duty orders or findings or countervailing duty 
orders that are listed in this document. While Sec. 159.62(a), Customs 
Regulations (19 CFR 159.62(a)), provides that Customs will publish a 
notice of intention to distribute assessed duties at least 90 days 
before the end of a fiscal year, this notice is being published at this 
time because it came to Customs attention that not all parties were 
listed in the original notice. In the future, it is not expected that 
supplemental notices of intent will be published.

Certifications; Submission and Content

    To obtain a distribution of the offset under a given order or 
finding, an affected domestic producer must submit a certification to 
Customs, indicating that the producer desires to receive a 
distribution.
    As required by Sec. 159.62(b), Customs Regulations (19 CFR 
159.62(b)), this notice provides the specific instructions for filing a 
certification under Sec. 159.63 to claim a distribution. Also, as 
required by Sec. 159.62(b), for purposes of determining whether it is 
worthwhile to file a certification in a given case, this

[[Page 2512]]

notice includes the dollar amount for each listed order or finding that 
is available for distribution.
    A successor to a company appearing on the list of affected domestic 
producers in this notice, or a member company of an association that 
appears on the list of affected domestic producers in this notice, 
where the member company does not appear on the list, should also 
consult Sec. 159.61(b)(1)(i) or 159.61(b)(1)(ii), Customs Regulations, 
respectively (19 CFR 159.61(b)(1)(i) or 159.61(b)(1)(ii)), concerning 
whether and, if so, the additional procedures under which such party 
may file a certification to claim an offset.
    Specifically, to obtain a distribution of the offset under a given 
order or finding, each affected domestic producer must timely submit a 
certification, in triplicate, to the Assistant Commissioner, Office of 
Regulations and Rulings, Headquarters, containing the required 
information detailed below as to the eligibility of the producer to 
receive the requested distribution and the total amount of the 
distribution that the producer is claiming. The certification must 
enumerate the qualifying expenditures incurred by the domestic producer 
since the issuance of an order or finding and it must demonstrate that 
the domestic producer is eligible to receive a distribution as an 
affected domestic producer.
    As provided in Sec. 159.63(b), Customs Regulations (19 CFR 
159.63(b)), certifications to obtain a distribution of an offset must 
be received by Customs 60 days after the date of publication of the 
notice of intent in the Federal Register.
    While there is no established format for a certification, the 
certification must contain the following information:
    1. The date of this Federal Register notice;
    2. The Commerce case number;
    3. The case name (Product/country);
    4. The name of the domestic producer and any name qualifier, if 
applicable (for example, any other name under which the domestic 
producer does business or is also known);
    5. The address of the domestic producer (if a post office box, the 
secondary street address must also be included);
    6. The Internal Revenue Service (IRS) number (with suffix) of the 
domestic producer, employer identification number, or social security 
number, as applicable;
    7. The specific business organization of the domestic producer 
(corporation, partnership, sole proprietorship);
    8. The name(s) of any individual(s) designated by the domestic 
producer as the contact person(s) concerning the certification, 
together with the phone number(s) and/or facsimile transmission 
number(s) and electronic mail (email) address(es) for the person(s);
    9. The total dollar amount claimed;
    10. The dollar amount claimed by category, as described in the 
section below entitled ``Amount Claimed for Distribution';
    11. A statement of eligibility, as described in the section below 
entitled ``Eligibility to Receive Distribution'; and
    12. A signature by a corporate officer legally authorized to bind 
the producer.

Amount Claimed for Distribution

    In calculating the amount of the distribution being claimed as an 
offset, the certification must enumerate the total amount of qualifying 
expenditures certified by the domestic producer, and the amount 
certified by category.
    Qualifying expenditures which may be offset by a distribution of 
assessed antidumping and countervailing duties encompass those 
expenditures that are incurred after the issuance of an antidumping 
duty order or finding or a countervailing duty order, and prior to its 
termination, provided that such expenditures fall within any of the 
following categories: (1) Manufacturing facilities; (2) Equipment; (3) 
Research and development; (4) Personnel training; (5) Acquisition of 
technology; (6) Health care benefits for employees paid for by the 
employer; (7) Pension benefits for employees paid for by the employer; 
(8) Environmental equipment, training, or technology; (9) Acquisition 
of raw materials and other inputs; and (10) Working capital or other 
funds needed to maintain production.
    Additionally, these expenditures must be related to the production 
of the same product that is the subject of the order or finding, with 
the exception of expenses incurred by associations which must relate to 
a specific case (Sec. 159.61(c), Customs Regulations (19 CFR 
159.61(c))).

Eligibility to Receive Distribution

    As noted, the certification must contain a statement that the 
domestic producer desires to receive a distribution and is eligible to 
receive the distribution as an affected domestic producer.
    Where a party is listed as an affected domestic producer on more 
than one order or finding covering the same product and files a 
separate certification for each order or finding using the same 
qualifying expenditures as the basis for distribution in each case, 
each certification must list all the other orders or findings where the 
producer is claiming the same qualifying expenditures 
(Sec. 159.63(b)(3)(ii), Customs Regulations (19 CFR 159.63(b)(3)(ii))).
    Moreover, as required by 19 U.S.C. 1675c(b)(1) and 
Sec. 159.63(b)(3)(iii), the statement must include information as to 
whether the domestic producer remains in operation and continues to 
produce the product covered by the particular order or finding under 
which the distribution is sought. If a domestic producer is no longer 
in operation, or no longer produces the product covered by the order or 
finding, the producer would not be considered an affected domestic 
producer entitled to receive a distribution.
    In addition, as required by 19 U.S.C. 1675c(b)(5) and 
Sec. 159.63(b)(3)(iii), the domestic producer must state whether it has 
been acquired by a company or business that is related to a company 
that opposed the antidumping or countervailing duty investigation that 
resulted in the order or finding under which the distribution is 
sought. If a domestic producer has been so acquired, the producer would 
again not be considered an affected domestic producer entitled to 
receive a distribution.
    The certification must be executed and dated by a party legally 
authorized to bind the domestic producer and it must state that the 
information contained in the certification is true and accurate to the 
best of the certifier's knowledge and belief under penalty of law, and 
that the domestic producer has records to support the qualifying 
expenditures being claimed (see section below entitled ``Verification 
of Certification'').

Review and Correction of Certification

    A certification that is submitted in response to this notice of 
distribution may be reviewed before acceptance to ensure that all 
informational requirements are complied with and that any amounts set 
forth in the certification for qualifying expenditures, including the 
amount claimed for distribution, appear to be correct. A certification 
that is found to be materially incorrect or incomplete will be returned 
to the domestic producer, as provided in Sec. 159.63(c), Customs 
Regulations (19 CFR 159.63(c)). It is the sole responsibility of the 
domestic producer to ensure that the certification is correct, complete 
and satisfactory so as to demonstrate the entitlement of the domestic 
producer to the distribution requested. Failure to ensure that the 
certification is correct, complete and

[[Page 2513]]

satisfactory will result in the domestic producer not receiving a 
distribution.

Verification of Certification

    Certifications are subject to Customs verification. Because of 
this, parties are required to maintain records supporting their claims 
for a period of three years after the filing of the certification (see 
Sec. 159.63(d), Customs Regulations (19 CFR 159.63(d))). The records 
must be those that are normally kept in the ordinary course of 
business; these records must support each qualifying expenditure 
enumerated in the certification; and they must support how the 
qualifying expenditures are determined to be related to the production 
of the product covered by the order or finding.

Disclosure of Information in Certifications; Acceptance by Producer

    The name of the affected domestic producer, the total dollar amount 
claimed by that party on the certification, as well as the total dollar 
amount that Customs actually disburses to that company as an offset, 
will be available for disclosure to the public, as specified in 
Sec. 159.63(e), Customs Regulations (19 CFR 159.63(e)). To this extent, 
the submission of the certification is construed as an understanding 
and acceptance on the part of the domestic producer that this 
information will be disclosed to the public. Alternatively, a statement 
in a certification that this information is proprietary and exempt from 
disclosure will result in Customs rejection of the certification.

List of Orders or Findings and Related Domestic Producers

    The list of individual antidumping duty orders or findings and 
countervailing duty orders is set forth below, together with the 
affected domestic producers associated with each order or finding that 
are potentially eligible to receive an offset. Also, the amount of the 
offset available for distribution with respect to each listed order or 
finding appears in parentheses immediately below the Commerce case 
number for the order or finding.

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     Commerce case number       Commission case number         Product/country           Petitioners/supporters
----------------------------------------------------------------------------------------------------------------
A-588-015, ($24,311,452.01)..  AA 1921-66.............  Television receivers/Japan...  AGIV (U.S.A.); Casio
                                                                                        Computer; CBM America;
                                                                                        Citizen Watch; Funai
                                                                                        Electric; Hitachi;
                                                                                        Industrial Union;
                                                                                        Department, AFL-CIO;
                                                                                        Matsushita; Mitsubishi
                                                                                        Electric; NEC; Orion
                                                                                        Electric; J.C. Penney;
                                                                                        Philips Electronics;
                                                                                        Philips Magnavox; P.T.
                                                                                        Imports; Sanyo; Sharp;
                                                                                        Toshiba; Toshiba America
                                                                                        Consumer; Products;
                                                                                        Victor Company of Japan;
                                                                                        Montgomery Ward; Zenith
                                                                                        Electronics.
A-580-008, ($45,669.05)......  731-TA-134.............  Color television receivers/    Independent Radionic
                                                         Korea.                         Workers of America;
                                                                                        International
                                                                                        Brotherhood of
                                                                                        Electrical Workers;
                                                                                        International Union of
                                                                                        Electrical Radio and
                                                                                        Machine Workers;
                                                                                        Industrial Union
                                                                                        Department, AFL-CIO;
                                                                                        Committee to Preserve
                                                                                        American Color
                                                                                        Television (members were
                                                                                        the 4 labor
                                                                                        organizations identified
                                                                                        above and Allied
                                                                                        Industrial Workers of
                                                                                        America, International
                                                                                        Union; American Flint
                                                                                        Glass Workers Union of
                                                                                        North America;
                                                                                        Communications Workers
                                                                                        of America; Corning
                                                                                        Glass Works; Glass
                                                                                        Bottle Blowers'
                                                                                        Association of the
                                                                                        United States and
                                                                                        Canada; International
                                                                                        Association of
                                                                                        Machinists; Owens-
                                                                                        Illinois; United
                                                                                        Furniture Workers of
                                                                                        America; United
                                                                                        Steelworkers of America;
                                                                                        and Wells-Gardner
                                                                                        Electronics).
A-583-009, ($1,025.82).......  731-TA-135.............  Color television receivers/    Independent Radionic
                                                         Taiwan.                        Workers of America;
                                                                                        International
                                                                                        Brotherhood of
                                                                                        Electrical Workers;
                                                                                        International Union of
                                                                                        Electrical, Radio and
                                                                                        Machine Workers;
                                                                                        Industrial Union
                                                                                        Department, AFL-CIO;
                                                                                        Committee to Preserve
                                                                                        American Color
                                                                                        Television (members were
                                                                                        the 4 labor
                                                                                        organizations identified
                                                                                        above and Allied
                                                                                        Industrial Workers of
                                                                                        America, International
                                                                                        Union; American Flint
                                                                                        Glass Workers Union of
                                                                                        North America;
                                                                                        Communications Workers
                                                                                        of America; Corning
                                                                                        Glass Works; Glass
                                                                                        Bottle Blowers'
                                                                                        Association of the
                                                                                        United States and
                                                                                        Canada; International
                                                                                        Association of
                                                                                        Machinists; Owens-
                                                                                        Illinois; United
                                                                                        Furniture Workers of
                                                                                        America; United
                                                                                        Steelworkers of America;
                                                                                        and Wells-Gardner
                                                                                        Electronics).
A-122-006, ($13,533.77)......  AA1921-49..............  Steel jacks/Canada...........  No petition at the
                                                                                        Commission; Commerce
                                                                                        service list identifies:
                                                                                        Bloomfield Manufacturing
                                                                                        (formerly Harrah
                                                                                        Manufacturing); Seaburn
                                                                                        Metal Products.
A-588-029, ($65,301.74)......  AA1921-85..............  Fish netting of manmade fiber/ No petition at the
                                                         Japan.                         Commission; Commerce
                                                                                        service list identifies:
                                                                                        Jovanovich Supply; LFSI;
                                                                                        Trans-Pacific Trading.
A-588-038, ($168,261.66).....  AA1921-98..............  Bicycle speedometers/Japan...  No petition at the
                                                                                        Commission; Commerce
                                                                                        service list identifies:
                                                                                        Avocet; Cat Eye;
                                                                                        Diversified Products;
                                                                                        N.S. International;
                                                                                        Sanyo Electric; Stewart-
                                                                                        Warner.
A-588-055, ($53.99)..........  AA1921-154.............  Acrylic sheet/Japan..........  Polycas Technology.
C-351-037, ($2,471.93).......  104-TAA-21.............  Cotton yarn/Brazil...........  Harriet & Henderson
                                                                                        Yarns; LaFar Industries;
                                                                                        American Yarn Spinners
                                                                                        Association.
A-588-005, ($572.91).........  731-TA-48..............  High power microwave           Aydin; MCL.
                                                         amplifiers/Japan.
A-122-401, ($256.98).........  731-TA-196.............  Red raspberries/Canada.......  Rader Farms; Ron Roberts;
                                                                                        Shuksan Frozen Food;
                                                                                        Northwest Food
                                                                                        Producers' Association;
                                                                                        Oregon Caneberry
                                                                                        Commission; Red
                                                                                        Raspberry Member Group;
                                                                                        Washington Red Raspberry
                                                                                        Commission.
A-588-405, ($49,294.92)......  731-TA-207.............  Cellular mobile telephones/    E.F. Johnson; Motorola.
                                                         Japan.
C-421-601, ($407.22).........  701-TA-278.............  Fresh cut flowers/Netherlands  Burdette Coward; Gold
                                                                                        Coast Uanko Nursery;
                                                                                        Hollandia Wholesale
                                                                                        Florist; Manatee Fruit;
                                                                                        Monterey Flower Farms;
                                                                                        Topstar Nursery;
                                                                                        California Floral
                                                                                        Council; Floral Trade
                                                                                        Council; Florida Flower
                                                                                        Association.
A-301-602, ($32,909.01)......  731-TA-329.............  Fresh cut flowers/Colombia...  Burdette Coward; Gold
                                                                                        Coast Uanko Nursery;
                                                                                        Hollandia Wholesale
                                                                                        Florist; Manatee Fruit;
                                                                                        Monterey Flower Farms;
                                                                                        Topstar Nursery;
                                                                                        California Floral
                                                                                        Council; Floral Trade
                                                                                        Council; Florida Flower
                                                                                        Association.
A-331-602, ($385.01).........  731-TA-331.............  Fresh cut flowers/Equador....  Burdette Coward; Gold
                                                                                        Coast Uanko Nursery;
                                                                                        Hollandia Wholesale
                                                                                        Florist; Manatee Fruit;
                                                                                        Monterey Flower Farms;
                                                                                        Topstar Nursery;
                                                                                        California Floral
                                                                                        Council; Floral Trade
                                                                                        Council; Florida Flower
                                                                                        Association.

[[Page 2514]]

 
A-201-601, ($24,291.74)......  731-TA-333.............  Fresh cut flowers/Mexico.....  Burdette Coward; Gold
                                                                                        Coast Uanko Nursery;
                                                                                        Hollandia Wholesale
                                                                                        Florist; Manatee Fruit;
                                                                                        Monterey Flower Farms;
                                                                                        Topstar Nursery;
                                                                                        California Floral
                                                                                        Council; Floral Trade
                                                                                        Council; Florida Flower
                                                                                        Association.
A-401-603, ($412.84).........  731-TA-354.............  Stainless steel hollow         AL Tech Specialty Steel;
                                                         products/Sweden.               Allegheny Ludlum Steel;
                                                                                        ARMCO; Carpenter
                                                                                        Technology; Crucible
                                                                                        Materials; Damacus
                                                                                        Tubular Products;
                                                                                        Specialty Tubing Group.
A-508-604, ($376.92).........  731-TA-366.............  Industrial phosphoric acid/    Albright & Wilson; FMC;
                                                         Israel.                        Hydrite Chemical;
                                                                                        Monsanto; Stauffer
                                                                                        Chemical.
A-588-802, ($8,407.02).......  731-TA389..............  3.5" microdisks/Japan........  Verbatim.
A-588-809, ($70,398.66)......  731-TA-426.............  Small business telephone       American Telephone &
                                                         systems/Japan.                 Telegraph; Comdial;
                                                                                        Eagle Telephonic.
A-583-806, ($10,079.58)......  731-TA-428.............  Small business telephone       American Telephone &
                                                         systems/Taiwan.                Telegraph; Comdial;
                                                                                        Eagle Telephonic.
A-580-803, ($12,773.12)......  731-TA-427.............  Small business telephone       American Telephone &
                                                         systems/Korea.                 Telegraph; Comdial;
                                                                                        Eagle Telephonic.
A-570-811, ($957.34).........  731-TA-497.............  Tungsten ore concentrates/     Curtis Tungsten; U.S.
                                                         China.                         Tungsten.
A-427-804, ($59,480.21)......  731-TA-553.............  Hot-rolled lead & bismuth      Bethlehem Steel; Inland
                                                         carbon steel products/France.  Steel Industries; USS/
                                                                                        Kobe Steel.
C-427-805, ($11,868.38)......  701-TA-315.............  Hot-rolled lead & bismuth      Bethlehem Steel; Inland
                                                         carbon steel products/France.  Steel Industries; USS/
                                                                                        Kobe Steel.
----------------------------------------------------------------------------------------------------------------


    Dated: January 11, 2002.
Douglas M. Browning,
Acting Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 02-1175 Filed 1-16-02; 8:45 am]
BILLING CODE 4820-02-P