[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Notices]
[Pages 51635-51636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26194]


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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 June 6, 1997, the Department of Commerce (``the 
Department'') 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, 1995 through 
December 31, 1995 (62 FR 31079). 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: October 2, 1997.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Russell Morris, 
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 CFR 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, 1995 
through December 31, 1995, and ten programs.

[[Page 51636]]

    We published the preliminary results on June 6, 1997 (62 FR 31079). 
We invited interested parties to comment on the preliminary results. We 
received no comments from any of the parties.

Applicable Statute

    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) of the Act.

Scope of the Review

    Imports covered by this review are shipments from Sweden of regular 
viscose rayon staple fiber 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. Programs Found Not To Confer Subsidies

A. Investment Grants from the Working Life Fund
B. Recruitment Incentive Program
C. Trainee Temporary Replacement
D. Recruitment Subsidy Program

    In the preliminary results, we found that these programs did not 
confer countervailable subsidies on the subject merchandise. 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. We will examine the Recruitment Subsidy Program in 
any future administrative reviews of this order because we did not make 
a specificity determination in this review since, even if the program 
were found to be specific, the subsidy rate would be so small that it 
would not change the overall subsidy rate of Svenska.

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. Manpower Reduction Grants
B. Grants for Temporary Employment for Public Works
C. Regional Development Grant
D. Transportation Grants
E. 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. Programs Found To Be Terminated

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

Elderly Employment Compensation 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

    For the reasons discussed in the preliminary determination, we 
determine that no countervailable subsidies were conferred on Svenska 
for the period January 1, 1995 through December 31, 1995. 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, 1995, and on or before December 31, 
1995. 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, 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 Sec. 777A(e)(2)(B) of the Act. The requested review 
will normally cover only those companies specifically named. See 19 CFR 
Sec. 355.22(a) (1997). Pursuant to 19 CFR Sec. 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 CFR Sec. 353.22(e), the antidumping 
regulation on automatic assessment, which is virtually identical to 19 
CFR Sec. 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.
    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 are those established in the most recently completed 
administrative proceeding conducted pursuant to the statutory 
provisions that were in effect prior to the URAA amendments. These 
rates shall apply to all non-reviewed companies until a review of a 
company assigned these rates is conducted. In addition, for the period 
January 1, 1995 through December 31, 1995, 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 CFR Sec. 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)).

    Dated: September 25, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-26194 Filed 10-1-97; 8:45 am]
BILLING CODE 3510-DS-P