[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Notices]
[Pages 41365-41366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20383]


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DEPARTMENT OF COMMERCE

International Trade Administration
[C-357-404]


Certain Textile Mill Products From Argentina; Determination to 
Amend Revocation, in Part, of the Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of determination to amend revocation, in part, of the 
countervailing duty order on certain textile mill products from 
Argentina.

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SUMMARY: The Department of Commerce (the Department) has determined to 
amend, in part, the effective date of the revocation of the 
countervailing duty order on Certain Textile Mill Products from 
Argentina, with respect to the products classified under item numbers 
6305.2000 and 6305.9000 of the Harmonized Tariff Schedule (HTS), from 
January 1, 1995 to January 1, 1994. In addition, the Department has 
determined not to revoke with respect to the products classified under 
the HTS item numbers listed in Appendix A to this notice. As a result 
of this determination not to amend the effective date of revocation 
with respect to HTS item numbers found in Appendix A, such merchandise 
exported on or after January 1, 1994 which entered before January 1, 
1995 will be liquidated at the cash deposit rate in effect at the time 
of entry.

EFFECTIVE DATE: August 1, 1997.

FOR FURTHER INFORMATION CONTACT: Anne D'Alauro or Lorenza Olivas, 
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

    On March 1, 1994, the Department published in the Federal Register 
(59 FR 9727) its intent to revoke the countervailing duty order on 
certain textile mill products from Argentina pursuant to 19 CFR 
355.25(d)(4)(i) because no interested party had requested an 
administrative review for at least four consecutive review periods. If 
no interested party objects to the Department's intended revocation or 
requests an administrative review of the countervailing duty order, the 
Department will revoke the order pursuant to 19 CFR 
355.25(d)(4)(iii)(1993).
    The Department received a timely objection to the intended 
revocation from the American Textile Manufacturers Institute, Inc. 
(ATMI) and its member companies as well as the Amalgamated Clothing and 
Textile Workers Union (ACTWU). The Department requested clarifying 
information from ATMI and ACTWU regarding the like products their 
members produced.

Revocation Under Section 753 of the Uruguay Round Agreements Act

    This countervailing duty order was revoked effective January 1, 
1995, pursuant to section 753 of the Tariff Act of 1930, as amended by 
the Uruguay Round Agreements Act (60 FR 40568). Therefore, the 
objection to revocation received from ATMI and ACTWU only affects 
entries of merchandise exported on or after January 1, 1994 and before 
January 1, 1995.

Scope Conversion

    The scope of the order on certain textile mill products from 
Argentina was originally defined in terms of the item numbers listed 
under the Tariff Schedule of the United States Annotated (TSUSA). See 
Final Affirmative Countervailing Duty Determination and Countervailing 
Duty Order: Certain Textile Mill Products from Argentina (50 FR 9846; 
March 12, 1985). On January 1, 1989, the United States fully converted 
from TSUSA to the HTS. At that time, the Customs Service prepared a 
list which included all of the HTS numbers necessary to cover the items 
previously identified by the TSUSA. However, because the two tariff 
schedules use different classification systems which do not produce a 
one-to-one product correlation, this list also included some items not 
included in the like product list relied upon by the Department in the 
investigation. On November 1, 1995, after no comments were received on 
a preliminary HTS scope conversion, the Department published Certain 
Textile Mill Products from Argentina; Notice of Scope Amendment (60 FR 
55542) which finalized the conversion of the scope of this order from 
TSUSA to HTS item numbers.

Applicable Statute

    The Department has made this determination in accordance with 
sections 751 (a) and (c) of the Tariff Act of 1930, as amended (the 
Act). Unless otherwise indicated, all citations to the statute and to 
19 CFR are in reference to the provisions as they existed on December 
31, 1994.

Interested Party Status of ATMI and ACTWU

    The member companies of ATMI identified and certified as to all of 
the like products they produce. The respective member companies qualify 
as interested parties for the like products they produce under 19 CFR 
355.2(i)(3) because they are ``producers in the United States of the 
like products.''
    The ATMI member companies produce all of the like products covered

[[Page 41366]]

by the scope of the order on certain textile mill products from 
Argentina with the exception of those which were listed under the like 
product heading ``Other Miscellaneous Categories.'' This category 
included, among other subheadings, ``bags and sacks, or other shipping 
containers, of vegetable fibers, except cotton'' and ``packing, molded, 
of cotton and rubber.''
    With regard to this remaining like product category, we next 
analyzed whether ACTWU has standing as an interested party to object to 
revocation of this like product category. In order for ACTWU to qualify 
as an interested party, ACTWU must be ``representative of the industry 
* * * in the United States of the like product produced in the United 
States'' (19 CFR 355.2(i)(4)). Since ACTWU did not indicate that any of 
its members produced products in the one remaining like product group, 
it cannot be representative of the industry and, therefore, does not 
qualify as an interested party for that like product category.
    Interested parties were provided an opportunity to comment on the 
Department's analysis and conclusions which were set forth in a 
memorandum to Acting Assistant Secretary Robert S. LaRussa entitled, 
``Objection to Revocation--Certain Textile Mill Products from 
Argentina,'' signed on December 10, 1996, which is a public document on 
file in the Department's Central Records Unit. We received no comments.

Determination To Revoke

    The Department found that the member companies of ATMI produce all 
of the like products covered by the countervailing duty order on 
certain textile mill products from Argentina with the exception of 
those within the ``Other Miscellaneous Categories'' like product 
category. The only HTS item numbers covered by the scope of this order, 
which fall under that like product category, are item numbers 6305.2000 
and 6305.9000, described as ``sacks, and bags, of a kind used for the 
packing of goods--of cotton; of other textile materials.'' Therefore, 
since neither ATMI and ACTWU qualify as interested parties with respect 
to these two HTS item numbers, we are revoking the order with respect 
to these two HTS item numbers, effective January 1, 1994. The HTS item 
numbers covered by the order, which are identified in Attachment A, 
will have countervailing duties assessed under the automatic assessment 
provision for exports made on or after January 1, 1994 which entered 
before January 1, 1995.
    This determination and notice are in accordance with sections 751 
(a) and (c) of the Act (19 U.S.C. 1675(a)(1) and 1675(c)).

    Dated: July 25, 1997.
Jeffrey P. Bialos,
Principal Deputy Assistant Secretary for Import Administration.

Appendix A--C-357-404

HTS List for Certain Textile Mill Products From Argentina

HTS Number

5111.1170, 5111.1960,<SUP>1</SUP> 5111.2090, 5111.3090, 5111.9090, 
5112.1120, 5112.1990, 5112.2030, 5112.3030, 5112.9090, 5205.1110, 
5205.1210, 5205.1310, 5205.1410, 5205.2400,<SUP>2</SUP> 5205.3100, 
5205.3200, 5205.3300, 5207.1000, 5207.9000, 5407.9105, 5407.9205, 
5407.9305, 5407.9405, 5515.1305, 5515.1310, 5801.3600, 6302.600010, 
6302.600020, 6302.910005, 6302.910050, 6305.2000, 6305.9000

    \1\ Coverage limited to fabric, value not over $19.84/kg.
    \2\ Coverage limited to yarn, not exceeding 68 nm.
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[FR Doc. 97-20383 Filed 7-31-97; 8:45 am]
BILLING CODE 3510-DS-P