[Federal Register Volume 62, Number 2 (Friday, January 3, 1997)]
[Notices]
[Pages 392-399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-72]



[[Page 392]]

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DEPARTMENT OF COMMERCE
[C-549-401]


Certain Apparel From Thailand; Determination to Amend Revocation, 
in Part, of Countervailing Duty Order

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

ACTION: Notice of determination to amend revocation, in part, of 
countervailing duty order.

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SUMMARY: The Department of Commerce (the Department) has determined to 
amend the effective date of the revocation of the countervailing duty 
order on Certain Apparel from Thailand, with respect to the products 
classified under the item numbers of the Harmonized Tariff Schedule 
(HTS) listed in Appendix D to this notice, from January 1, 1995 to 
January 1, 1991. In addition, the Department has determined not to 
amend the effective date of revocation with respect to the products 
classified under the HTS item numbers listed in Appendix B to this 
notice. As a result of this determination not to amend the effective 
date of revocation, we will now complete the administrative review of 
the countervailing duty order, covering the period January 1, 1991 
through December 31, 1991, with respect to the Appendix B items.

EFFECTIVE DATE: January 3, 1997.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Robert Copyak, 
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

    During the original certain textile products and certain apparel 
investigations from various countries, including Thailand, the 
Department reviewed issues concerning the standing of petitioners with 
respect to apparel and explained its determinations in Final Negative 
Countervailing Duty Determination: Certain Textile Mill Products and 
Apparel from Malaysia (50 FR 9852; March 12, 1985) (Malaysia Final 
Determination). No injury investigations were required for the 
countries involved, and the Department relied upon a list of 86 like 
products both for determining the standing of petitioners and for 
establishing the corresponding scope of the certain apparel order. See 
Letter from Wilmer, Cutler & Pickering, Dec. 3, 1984, Annex 3, on file 
in the Central Records Unit, Room B-099, Department of Commerce (CRU).
    With respect to the investigation on certain apparel, the 
Department determined that the Amalgamated Clothing and Textile Workers 
Union (ACTWU) was an interested party with respect to 52 of the 86 
apparel like products covered by the petition. The Department also 
determined that the standing requirement for the remaining apparel 
products covered by the petition was satisfied by the International 
Ladies' Garment Workers' Union (ILGWU). Together, these petitioners had 
filed the petition ``on behalf'' of the apparel industry.
    On March 13, 1992, the Department announced its intent to revoke 
the countervailing duty order on certain apparel from Thailand pursuant 
to section 355.25(d)(4)(i) of the Department's regulations because no 
interested party had requested an administrative review for at least 
four consecutive review periods. Notice of Intent to Revoke 
Countervailing Duty Orders, 57 FR 8860 (March 13, 1992) (Intent to 
Revoke Notice). Pursuant to the Department's regulations, 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. 19 CFR Sec. 355.25(d)(4)(iii)(1993).
    On March 16, 1992, ACTWU objected to the intended revocation and 
requested an administrative review, covering the period January 1, 1991 
through December 31, 1991. The review was initiated on April 13, 1992. 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 57 FR 12797 (April 13, 1992). On April 24, 1992, the Royal 
Thai Government (RTG) challenged the standing of ACTWU to object to the 
Department's intended revocation and to request an administrative 
review. The RTG argued that, to the extent that ACTWU lacked standing 
with respect to any of the many like products covered by the order, the 
Department should revoke the countervailing duty order with respect to 
those products and conduct the administrative review of only the 
merchandise which remained in the scope of the order. On June 19, 1996, 
the Department issued its preliminary findings with respect to the 
standing of ACTWU. See Memorandum from Barbara E. Tillman to Paul L. 
Joffe, Acting Assistant Secretary for Import Administration, June 19, 
1996 (Analysis Memorandum). Comments on the Department's preliminary 
findings were filed by the RTG. The Department's final determinations 
with respect to this issue are fully discussed in the sections 
Interested Party Status of ACTWU and Analysis of Comments, below.

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). The Department is 
conducting an administrative review only to determine the appropriate 
assessment rate for entries made during the period January 1, 1991 
through December 31, 1991.

Scope Conversion

    The scope of the certain apparel order 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 Apparel from 
Thailand (50 FR 9819; March 12, 1985) (Thailand Final Determination). 
On January 1, 1989, the United States fully converted from TSUSA to the 
Harmonized Tariff Schedule (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 July 26, 1993, the Department 
published Certain Apparel; Notice of Proposed Scope Amendment (58 FR 
39789), which contained the proposed HTS scope and invited comments. 
The conversion became final on May 17, 1994, with the publication of 
Certain Apparel from Thailand; Scope Amendment (59 FR 25699) (Scope 
Notice), in which the comments submitted were addressed. The analysis 
undertaken as a result of the RTG's challenge of ACTWU's standing is 
based on the item numbers of the HTS listed in the Scope Notice; these 
HTS item numbers have now been separated into those for which we 
determine that ACTWU has standing (Appendix B) and those for which we 
determine ACTWU does not have standing (Appendix D).

Applicable Statute and Regulations

    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

[[Page 393]]

statute and to Department's regulations are in reference to the 
provisions as they existed on December 31, 1994.

Interested Party Status of ACTWU

    In April 1992, the RTG challenged the standing of ACTWU both to 
object to the Department's intended revocation and to request an 
administrative review of the countervailing duty order on certain 
apparel from Thailand. The RTG argued that, to the extent ACTWU lacked 
standing with respect to any of the many like products covered by the 
order, the Department should revoke the order with respect to those 
products and conduct the administrative review of only the merchandise 
which remained in the scope of the order. The RTG cited to the original 
investigation, noting that ACTWU was found to have standing for only 52 
of the 86 like products investigated (standing for the remaining like 
products was satisfied by co-petitioners). Furthermore, the RTG noted 
that declining union membership had been documented in the course of 
the investigation. Thus, the RTG urged the Department to examine anew 
whether ACTWU had standing with respect to all of the like products 
covered by the order.
    During the 1985 countervailing duty investigations of apparel and 
textile mill products, which involved many countries, including 
Thailand and Malaysia, the Department determined that ACTWU was an 
interested party with respect to 52 of the original 86 apparel like 
products covered by the petition. Final Negative Countervailing Duty 
Determination; Certain Textile Mill Products and Apparel from Malaysia, 
50 FR 9852 (March 12, 1985) (Malaysia Final Determination). The 
Department determined that the standing requirement for the remaining 
apparel products covered by the petition was satisfied by the 
International Ladies' Garment Workers' Union (ILGWU). Together, these 
petitioners had filed the petition ``on behalf of'' the apparel 
industry and had standing with respect to the 86 apparel like products 
at issue. Id. at 9854; Thailand Final Determination.
    The RTG contested ACTWU's standing as an interested party after the 
objection by ACTWU to the Department's intent to revoke the order. The 
Department determined, based on information collected in the course of 
this proceeding, that there was no basis to reexamine ACTWU's standing 
for the 52 like products for which it was found to have standing during 
the investigation. See Memorandum from Barbara E. Tillman, Director, 
Office of Countervailing Compliance to Joseph A. Spetrini, Deputy 
Assistant Secretary for Import Administration, on the Interested Party 
Status of a Domestic Interested Party With Respect to the 
Countervailing Duty Order on Apparel from Thailand, October 14, 1992 
(October 1992 Memorandum), on file in the Central Records Unit, Room B-
099, Department of Commerce (CRU).
    The Department examined ACTWU's status as an interested party, 
within the meaning of section 771(9)(D) of the Act, with respect the 34 
remaining like products covered by this order. See Analysis Memorandum. 
The Department asked ACTWU to indicate which of these products were 
produced by its members.<SUP>1 Regarding unions, section 771(9)(D) 
defines ``interested party'' as ``a certified union or recognized union 
or group of workers which is representative of an industry engaged in 
the manufacture, production or wholesale in the United States of a like 
product. . . .''
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    \1\ An 87th like product, flatbags, handbags and luggage, was 
subject to investigation and was classified as within the scope of 
the apparel order when certain textile mill products and certain 
apparel were separated into two countervailing duty orders. There is 
no information in the record which indicates that ACTWU had standing 
with respect to this product.
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    After examining the information provided by ACTWU, and considering 
the arguments submitted by the RTG over the course of this proceeding, 
the Department issued its preliminary findings on June 19, 1996. See 
Analysis Memorandum. Of the remaining 34 like products, the Department 
determined that ACTWU had standing as an interested party with respect 
to five. Combined with the 52 like products for which ACTWU was found 
to have standing during the investigations (see Malaysia Final 
Determination), the total number of like products for which ACTWU was 
found to have standing is 57. The Department invited comments on this 
determination. We address the RTG's arguments in the Analysis of 
Comments section below. No other party submitted comments.

Analysis of Comments

    Comment 1: The RTG argues that the Department's determination that 
ACTWU has standing with respect to 57 like products is based upon a 
legal standard that is contrary to the plain language of the statute. 
The RTG cites section 355.2(i)(4) of the Department's regulations, 
which specifies that to be an interested party, a union must be 
``representative of the industry or of sellers (other than retailers) 
in the United States of the like product produced in the United 
States.'' The RTG also cites section 771(4)(D) of the Act, which 
defines ``industry'' as ``the domestic producers as a whole of a like 
product, or those producers whose collective output of the like product 
constitutes a major proportion of the total domestic production of that 
product * * *.'' The RTG concludes that in order to be representative 
of those producers whose collective output represents a major 
proportion of total domestic production of the like product, a union 
must demonstrate that it represents workers in each facility included 
in such a determination.
    The RTG argues that it is inappropriate for the Department to 
presume that a union is representative of an industry producing the 
like product when it represents only one or a small number of the 
workers in that industry. Had Congress intended such a result, the RTG 
argues, it would not have required that a union be ``representative of 
an industry'' (which clearly encompasses more than just one worker or 
more than just one enterprise); rather, Congress would simply have 
required the union to be representative of a ``producer'' of the ``like 
product.''
    In conclusion, the RTG notes that ACTWU, like all unions, is 
engaged in efforts to increase its membership by enrolling workers at 
factories that are not yet unionized; if ACTWU has not succeeded in 
enrolling workers at companies whose collective output represents a 
major proportion of total domestic production of a particular like 
product, then, the RTG argues, the union cannot simply be deemed 
representative of the industry producing that product. The RTG urges 
the Department to arrive at an interpretation of the statute that gives 
full meaning to the term ``industry'' in the specifications of the 
standing requirements for unions.
    Department's Position: We disagree with the RTG's assertion that we 
applied the incorrect legal standard to determine whether ACTWU is an 
interested party, and we continue to find that ACTWU has standing to 
object to revocation and request an administrative review for each of 
the like products for which the union ultimately claimed interested 
party status, in accordance with section 355.25(d)(4)(iii) of the 
Department's regulations.
    The RTG correctly notes that to qualify as an interested party 
pursuant to section 771(9)(D) of the Act, a union must be 
``representative of an industry engaged in the manufacture, production, 
or wholesale in the United States of a like product.'' However, the RTG 
incorrectly links this requirement

[[Page 394]]

directly to the definition of the term ``industry'' under section 
771(4)(A). The RTG concludes that, to meet this requirement, a union 
must at least demonstrate that it represents workers in each facility 
producing the like product. We disagree. Such a narrow interpretation 
of the phrase ``representative of an industry'' would unduly limit the 
rights of a union to qualify as an interested party, object to 
revocation, and otherwise participate in a proceeding.
    Section 771(9) of the Act defines several categories of domestic 
interested parties. In each case, the key to qualifying is for the 
party to manufacture, produce or wholesale the like product in the 
United States. For instance, under section 771(9)(C), to qualify as a 
``manufacturer or producer'' of the like product, the Court of 
International Trade has held that a party must actually manufacture the 
product in the United States. See Brother Indus. (USA) v. United 
States, 801 F. Supp. 751, 757 (CIT 1992).
    However, the language of the legislative history describing the 
standing requirements ``is broad and unqualified.'' Id. (citing S. Rep. 
No. 249, 96th Cong., 1st Sess. 90 (1979)). Where Congress intended to 
further limit a party's ability to qualify as an interested party, 
Congress made that intention explicit. In particular, sections 771(9) 
(E) and (F) explicitly limit the rights of a trade or business 
association in just this manner. The legislative history explains:

    The provision also provides that a trade or business association 
may be considered an interested party only when a majority of its 
members are importers of merchandise under investigation, or 
manufacture, produce, or wholesale a like product, as the case may 
be. This limitation is believed to fairly delimit those groups with 
sufficient interest to always be considered interested parties. An 
association representative of importers generally, or business 
generally, would not be considered an interested party under this 
limitation, although a sub-group of such an association may qualify.

S. Rep. No. 249, 95th Cong., 1st Sess. 90 (1979). By contrast, with 
regard to section 771(9)(D), the legislative history states that the 
provision ``clarifies that a union may file a petition and participate 
in proceedings under Title VII as added by the bill. The union or group 
of workers must represent workers in the relevant U.S. industry.'' Id. 
Congress gave no indication that by requiring a union to be 
``representative of an industry,'' it intended to limit the rights of 
unions which ``represent workers in the relevant U.S. industry'' to 
participate in proceedings as interested parties. The legislative 
history makes clear that Congress intended unions which represent 
workers in the relevant U.S. industry to be ``representative'' of the 
industry. For these reasons, we find that the phrase ``representative 
of an industry'' requires no more than that a union ``represent workers 
in the relevant U.S. industry.''
    This is the same determination reached by the Department in the 
original apparel and textile mill product investigations. See Malaysia 
Final Determination at 9854. Contrary to the claim of the RTG, we have 
not determined that a union representing just one worker at just one 
facility producing the like product necessarily qualifies as an 
interested party. We have determined that when a union certifies, as 
ACTWU has done, that it represents workers in the relevant U.S. 
industry, we will not investigate the matter further, absent actual 
evidence calling the union's certification into question. This 
determination is further explained in the Department's Position on 
comment 2, below.
    Having found that ACTWU qualifies as an interested party, the next 
issue is whether the union may object to revocation and request an 
administrative review for those like products for which it has claimed 
standing. Section 355.25(d)(4)(iii) of the Department's regulations 
provides simply that if no interested party objects to revocation or 
requests a review, the Department will conclude that the order (or 
suspended investigation) is no longer of interest to domestic 
interested parties, as provided for by section 355.25(d)(1)(i). 
Conversely, if a domestic interested party does object, and no other 
party expresses its support for revocation, the Department will not 
revoke the order. In this situation, the Department effectively 
presumes that the order, whether in whole or in part, is of interest to 
domestic interested parties and that revocation is not appropriate.
    The Department indicated in the commentary to the regulations that 
when ``parties which account for a significant proportion of domestic 
production'' either affirmatively oppose or support revocation, we will 
make a case-by-case determination of whether revocation is appropriate. 
53 FR 52,306, 52,333 (1988). Accordingly, the Department has revoked an 
order over the objection of one or more domestic interested parties, 
and we have refused to revoke despite receiving support for revocation 
from part of the domestic industry. See Oregon Steel Mills, Inc. v. 
United States, 862 F.2d 1541 (Fed. Cir. 1988) (affirming revocation); 
Certain Round-Shaped Agricultural Tillage Tools From Brazil; 
Preliminary Results of Changed Circumstances CVD Review and Intent Not 
To Revoke Order, 55 FR 41,265 (1990) (declining to revoke). In this 
case, however, no domestic interested party has expressed support for 
the order. ACTWU's objection to revocation is the only indication we 
have received regarding the domestic industry's position. As described 
above, ACTWU has certified that it represents workers producing each of 
the remaining 57 like products, which qualifies the union as an 
interested party. Given that no domestic interested party has supported 
revocation, it is reasonable to presume that the remainder of the 
industry favors or at least acquiesces in ACTWU's position.
    This is similar to the presumption adhered to by the Department for 
determining whether a petition for initiating an antidumping or 
countervailing duty investigation is filed ``on behalf of an 
industry,'' in accordance with section 702(b)(1) of the Act. In that 
situation, the Department presumes that the petitioner filed on behalf 
of the domestic industry, unless a majority of the domestic industry 
affirmatively opposes the petition. The Court of Appeals for the 
Federal Circuit has upheld this interpretation of the statute as being 
reasonable. Minebea Co., Ltd. v. United States, 984 F.2d 1178, 1180 
(Fed. Cir. 1993); Suramerica de Aleaciones Laminadas, C.A. v. United 
States, 966 F.2d 660 (Fed. Cir. 1992).
    Comment 2: The RTG next argues that, even assuming the Department 
has applied the correct legal standard, the Department must still 
investigate whether ACTWU meets this standard, both with respect to the 
52 like products for which ACTWU was found to have standing in the 
original investigation and with respect to the five products for which 
ACTWU first made standing claims in this proceeding. The RTG claims 
that it is incorrect for the Department to refuse to reconsider its 
original standing determination; moreover, the Department cannot refuse 
to further investigate ACTWU's additional claims of standing, absent 
affirmative evidence that ACTWU's interested party status has changed.
    Regarding the 52 like products for which ACTWU originally claimed 
standing, the RTG contests the Department's refusal during this 
proceeding to reconsider its determination in the original 
countervailing duty investigation. The RTG argues that it was 
documented in the context of the original 1984-1985 investigations that 
union membership in

[[Page 395]]

the apparel industry had been gradually declining. The RTG asserts that 
it is likely that this trend has continued and that ACTWU's membership 
has changed over time. The RTG also asserts that companies in import 
sensitive industries have been moving production facilities from the 
unionized Northeast to non-unionized areas in the South, to Mexico, and 
elsewhere overseas. On this basis, the RTG concludes that there exists 
public information showing declining and changing union membership in 
the apparel industry.
    According to the RTG, these facts should have caused the Department 
to revisit its 1985 determination. In addition, the RTG claims that the 
information provided by ACTWU in 1984, indicating standing for 52 of 
the like products, is inconsistent with ACTWU's ultimate claim in 1994 
of standing for five additional like products. In claiming standing for 
five additional like products, ACTWU called attention to obvious 
changes in membership over time. Such changing membership indicates 
that ACTWU may no longer represent one or more of the like product 
industries it represented in 1984.
    Furthermore, the RTG argues, the Department's determination that 
ACTWU is an interested party with respect to the original 52 like 
products was based on ACTWU's certification during the investigation 
that it was an ``interested party.'' According to the RTG, this is a 
legal conclusion on the part of ACTWU, and is therefore not the 
appropriate basis for the Department's determination. Rather, the 
Department should seek a factual representation from which to draw its 
own legal conclusion.
    As a matter of policy, the RTG argues that it is inappropriate for 
the Department to place the burden of production in this instance on 
respondents. ACTWU's membership information is not public; it would be 
impossible for the RTG to determine whether ACTWU continues to 
represent workers in each of the like product industries at issue; and, 
it is contrary to the normal presumption of the conduct of a 
countervailing duty investigation to require a party to come forward 
with another party's confidential information.
    Thus, the RTG urges the Department to solicit and examine 
information regarding ACTWU's membership, as it relates to these like 
products. Specifically, for each like product, the RTG urges the 
Department to obtain the following information: the names of the 
companies in which ACTWU represents workers, the number of union-
represented and non-union workers in each such facility, the names of 
companies which produce the like product whose workers are not 
represented by the union, and an estimate of the number of workers in 
such facilities.
    Department's Position: We disagree with the RTG. As described in 
the Analysis Memorandum, absent affirmative evidence showing that a 
party's status has changed, we do not reconsider our original standing 
determination with respect to those like products for which a domestic 
interested party, objecting to revocation or requesting a review, had 
interested party status during the original investigation. Moreover, 
ACTWU has certified that it continues to represent workers producing 
each of the 52 like products for which it was originally determined to 
have standing, and neither the RTG nor any other party has presented 
affirmative evidence challenging ACTWU's certification.
    It is true that several years have passed since the Department 
reached its original standing determination. However, the Department is 
not required to investigate standing issues to the same extent as it 
must allegations of dumping or subsidization. See Brother Indus., Ltd. 
v. United States, Slip Op. 92-231 at 4-5 (CIT Dec. 30, 1992). For the 
purpose of requesting a review or objecting to revocation, it would not 
be appropriate either to revisit our original standing determination or 
to question a union's certification that it represents workers 
producing a particular like product, absent some evidence that the 
union's representation of those workers has, in fact, changed.
    Much the same holds true for the remaining like products for which 
ACTWU claimed standing. The union certified that it represents workers 
in each of these industries, and the RTG has presented no evidence to 
the contrary. Absent such evidence, we consider ACTWU's certification 
sufficient. It is worth noting that the Department did not accept 
ACTWU's initial standing claim at face value. ACTWU originally claimed 
that its members produced eighteen additional products. ACTWU correctly 
qualified this claim, however, by noting that the products its members 
produced were identical to the products covered by the scope of the 
order except for vegetable fiber content. The Department rejected this 
claim on the ground that the like product list describing the scope of 
the order distinguishes among apparel products on this very basis--
according to fiber content. See Letter from Barbara Tillman to Mark 
Love, dated May 11, 1994, on file in CRU. Thereafter, ACTWU withdrew 
this claim, and submitted another claim with respect to five different 
like products, which ACTWU certified as being identical to those 
covered by the scope of the order. We examined the claim and the 
certification, and deemed the certification sufficient to support the 
claim, absent evidence to the contrary. No such evidence was provided.
    This standard does not place an undue burden on respondents to 
produce evidence to challenge a union's standing to object to 
revocation or request a review. The Department found at the time of the 
original investigation that ACTWU represented workers producing 52 like 
products, and ACTWU has certified that it continues to produce these 
and the other five like products for which it has claimed standing. It 
is not too much to require that a party challenging this assertion do 
more than point to the passage of time and shifts in demographics as 
support. Like the standard for filing a petition, the standing 
requirements for objecting to revocation are to be construed liberally. 
See Brother Indus., Slip Op. 92-231 at 4 (citing S. Rep. 249 at 63); 
Brother Indus., 801 F.Supp. At 757. We determine that ACTWU has met 
these requirements.
    Comment 3: The RTG argues that the Department should revoke the 
order with respect to those products at the HTS ten-digit level that do 
not fall within the 57 like products for which ACTWU has claimed 
standing. The RTG notes that examination of standing at the ten-digit 
level is consistent with the standing analysis used by the Department 
in the suspended investigation of certain textile mill products from 
Thailand. The RTG is concerned that at the eight-digit level, the HTS 
item numbers cover several products, some of which are represented 
among the list of 86 like products originally covered by this 
countervailing duty order and some of which are not. Thus, the 
Department should revoke the order for these products at the ten-digit 
level.
    Department's Position: Beginning with the conversion from the TSUSA 
to the HTS tariff schedule, the Department has conducted its standing 
analysis in this proceeding at the ten-digit HTS level. See Scope 
Notice, 59 FR at 25610. This is the same approach we took in the 
suspended investigations involving textile mill products from Thailand 
and various other countries. See, e.g., Certain Mill Products From 
Thailand; Notice of Termination in Part, 60 FR 20258 (April 25, 1995); 
Certain Textile

[[Page 396]]

Mill Products From Colombia and Thailand; Notice of Proposed 
Conversion, 59 FR 16101 (April 15, 1994). If only the eight-digit HTS 
item number is listed for a particular product category, either the 
category does not break down into additional ten-digit HTS levels, or 
all of the products included in that category (at the eight-digit or 
greater level) are covered by the scope of the order.
    Where the qualifications of coverage corresponded to the breakdown 
of products at the ten-digit level, we have now included the 
appropriate HTS numbers at the ten-digit level to identify both HTS 
items for which the order remains in effect for the 1991 review period 
and the HTS items for which the effective date of revocation will be 
amended (as indicated in Appendix B and Appendix D). Further, in 
drawing up the HTS list, we included annotations for the first time in 
the Scope Notice to clarify the limits of coverage under particular 
item numbers which identified merchandise outside of the scope of the 
order as well as merchandise within the scope. In the course of this 
proceeding, the Department has added a number of annotations, and other 
annotations have been clarified as a result of the RTG's arguments in 
Comment 4 below.
    Comment 4: The RTG urges the Department to reexamine some of the 
products for which it found ACTWU to have standing and to revise the 
footnotes which annotate certain of the HTS item numbers for which it 
found ACTWU to have standing. Basically, the RTG takes issue with some 
of the Department's categorizations of the numerous HTS item numbers 
according to the list of 86 like products which has been the basis for 
standing determinations throughout the history of this case. 
Specifically, the Department categorized HTS number 6111.3050 (babies' 
garments and cloth accessories, sunsuits, blanket sleepers (synthetic, 
knit)) under the like products for nightwear (like product 58), other 
apparel (60), or playsuits (45). According to the RTG, there is no 
indication that these like product categories were ever intended to 
include baby apparel, and that only those like product categories which 
carry the designation ``WGI,'' for women's, girls', and infants' 
apparel, should be used for determining ACTWU's standing with regard to 
baby apparel. Since ACTWU made no standing claims with respect to many 
WGI like products made from synthetic fabric, it is reasonable to 
conclude that ACTWU lacked standing with respect to babies' garments 
and clothing accessories. Thus, the Department should revoke the order 
with respect to HTS 6111.3050.
    In addition, the Department found ACTWU to have standing for HTS 
6112.1200, men's and boys' synthetic track suits, based on ACTWU's 
standing for the like products for other coats (42), knit shirts (46), 
and trousers (54) of man-made fiber. According to the RTG, there is no 
indication that track suits or other warm-up style suits were ever 
intended to fall within these particular like products, and therefore, 
the order with respect to this HTS item number should also be revoked.
    The RTG argues that the Department also incorrectly classified the 
products included under HTS 6209.2050, babies' sunsuits, washsuits, 
clothing sets and diapers (non-knit, cotton), under the like products 
for playsuits (8) and other apparel (21) of cotton, and found ACTWU to 
have standing with respect to all products within this HTS subheading. 
The RTG takes issue with the Department's determination that diapers 
constitute ``other apparel,'' and notes that there is no indication 
that ACTWU represents workers making diapers. Thus, the order should be 
revoked with respect to HTS 6209.2050.
    With respect to ``trousers, breeches, and shorts,'' the RTG's 
argues that the like product categories for ``trousers'' necessarily 
exclude breeches and shorts, and therefore although ACTWU was found to 
have standing with respect to ``trousers,'' it cannot be said to have 
standing with respect to breeches and shorts. Because the HTS numbers 
which identify trousers also include breeches and shorts, and there is 
no indication, according to the RTG, that ACTWU's standing for trousers 
extends to breeches and shorts, the RTG argues for an annotation which 
notes the limits of coverage under any HTS item numbers which cover 
``trousers breeches, and shorts'' together. Alternatively, the RTG 
argues for revocation of the HTS numbers at the ten-digit level.
    The RTG also noted a number of additional HTS item numbers for 
which they recommend the Department modify the annotations to clarify 
the limits of the coverage under those item numbers.
    Department's Position: With respect to HTS item numbers 6111.3050, 
6112.1200, and 6209.2050, the RTG's concern that the Department has 
misclassified these HTS items in terms of the listing of like products 
which are subject to the order is misplaced. As a general matter, in 
classifying these items using the like product list, the Department 
consulted with the United States Customs Service and received 
confirmation that the classifications were reasonable. See Memorandum 
for The File on Certain Apparel from Thailand--Like Products and HTS 
Numbers, dated February 20, 1996, on file in the CRU.
    We reject the RTG's argument that ACTWU's standing with respect to 
babies' apparel on the whole is questionable based on the fact that 
ACTWU lacks standing with respect to several items of babies' apparel 
included among the like products. The Department determined ACTWU's 
standing for these HTS item numbers after first classifying them 
according to like products. Because ACTWU was determined to have 
standing for all of the like products under which these HTS items were 
classified, their standing for this HTS item number needs no 
qualification.
    We also reject the RTG's conclusion that track suits were never 
intended to be included among the 87 like products covered by the 
countervailing duty order. This conclusion is unsupported by record 
evidence. This issue, like so many of the issues raised by the RTG, 
actually concerns the Department's conversion of the tariff schedule 
from the TSUSA to the HTS listing. As noted above, ACTWU represents 
workers producing the like products ``other coats,'' ``knit shirts,'' 
and ``trousers'' of man-made fiber. In conducting the original 
investigation, the Department determined that those like products 
corresponded to a certain TSUSA item number or numbers. Thereafter, in 
making the conversion from TSUSA to HTS, the Department concluded that 
those TSUSA item number or numbers corresponded in part to the HTS item 
number 6112.1200.10, for men's and boys' synthetic track suits. At the 
same time, we determined that of the like products corresponding to the 
coverage of the order, the closest match to track suits are the like 
products mentioned above. Thus, we based our standing determination for 
track suits on the fact that ACTWU has standing for the individual like 
products which comprise track suits.
    This is a reasonable determination. While synthetic track suits do 
constitute a single item for HTS purposes, a track suit actually 
consists of two separate components, a relatively light-weight 
synthetic coat and trousers. Indeed, the HTS listing for track suits is 
broken down into coats, shirts, and trousers; in the case of coats, the 
HTS then cross-references the separate HTS listings for those items. 
This confirms that it is reasonable to classify track suits under the 
like products for their components.
    Similarly, many of the other standing determinations questioned by 
the RTG concern HTS item numbers which cover

[[Page 397]]

``ensembles,'' which we have classified under the like products for 
their components. In reviewing our determinations, we agree with the 
RTG that certain of these classifications should be clarified. In many 
cases, ACTWU was found to have standing for some of the components and 
not for others. ACTWU's standing with respect to the HTS item is 
limited by the like products for the ensemble components for which it 
was found to have standing. Thus, we have clarified the annotations as 
appropriate, or resorted to the use of the ten-digit HTS item number, 
as explained in Comment 3 above and as indicated in Appendix B.
    We disagree, however, that the like product category ``trousers'' 
excludes breeches and shorts. We determine that breeches and shorts are 
types of trousers. Therefore ACTWU's standing with respect to 
``trousers'' extends to all types of trousers, including breeches and 
shorts. Thus, we will neither be adding the annotation desired by the 
RTG nor revoking at the ten-digit level the HTS numbers for breeches 
and shorts.

Determination to Amend Revocation, in Part

    For the reasons stated above, the Department has determined that 
the ACTWU does not have standing as an interested party with respect to 
30 of the like products covered by this countervailing duty order, as 
listed in Appendix C this notice. The HTS item numbers corresponding to 
the like products listed in Appendix C are listed in Appendix D. The 
Department is now amending the effective date of the revocation of the 
order with respect to these HTS item numbers to make it effective 
January 1, 1991. Accordingly, for the merchandise identified in 
Appendix D, the Department will instruct the U.S. Customs Service to 
liquidate without regard to countervailing duties all unliquidated 
entries made on or after January 1, 1991.
    The Department determines that ACTWU does have standing as an 
interested party, in accordance with 19 U.S.C. 1677(9)(D) and 19 C.F.R. 
Sec. 355.2(i)(4), with respect to 57 like products. These like products 
are listed in Appendix A. The HTS item numbers which correspond to 
these like products are listed in Appendix B, with appropriate 
annotations as discussed above. Thus, the Department will conduct the 
administrative review of entries of the merchandise listed in Appendix 
B, made during the period January 1, 1991 through December 31, 1991, 
and will issue appropriate instructions to Customs with respect to 
these entries upon completion of the review.
    This countervailing duty order was subject to section 753 of the 
Uruguay Round Agreements Act. See Countervailing Duty Order; 
Opportunity to Request a Section 753 Injury Investigation, 60 FR 27,963 
(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 the order, 
effective January 1, 1995, pursuant to section 753(b)(3)(B) of the Act, 
and ordered Customs to terminate suspension of liquidation and to 
refund all cash deposits made after January 1, 1995. Revocation of 
Countervailing Duty Orders, 60 FR 40568 (August 9, 1995). Accordingly, 
for the merchandise listed in Appendix B for which the Department is 
not amending the effective date of revocation, the Department intends 
to order Customs to liquidate shipments exported on or after January 1, 
1991 and entered on or before December 31, 1991, in accordance with the 
final results of the administrative review. We will not issue further 
instructions with respect to suspension of liquidation or cash deposits 
of estimated countervailing duties.
    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: December 9, 1996.
Jeffrey P. Bialos,
Acting Assistant Secretary for Import Administration.

Appendix A--C-549-401 Countervailing Duty Order on Certain Apparel From 
Thailand Like Products for Which ACTWU Has Standing

------------------------------------------------------------------------
       Like product code No.              Like product description      
------------------------------------------------------------------------
Cotton:                                                                 
  1...............................  Handkerchiefs.                      
  2...............................  Gloves.                             
  3...............................  Hosiery.                            
  4...............................  Suit-type coats, M&B.               
  5...............................  Other Coats, M&B.                   
  8...............................  Playsuits.                          
  9...............................  Knit Shirts, M&B.                   
  10..............................  Knit Shirts & Blouses, WGI.         
  11..............................  Shirts, Not Knit, M&B.              
  14..............................  Sweaters.                           
  15..............................  Trousers, M&B.                      
  19..............................  Nightwear.                          
  20..............................  Underwear.                          
  21..............................  Other Apparel.                      
Wool:                                                                   
  22..............................  Gloves.                             
  23..............................  Hosiery.                            
  24..............................  Suit-type Coats, M&B.               
  25..............................  Other Coats, M&B.                   
  26..............................  Coats, WGI.                         
  28..............................  Knit Shirts & Blouses.              
  29..............................  Shirts & Blouses, Not Knit.         
  30..............................  Skirts.                             
  31..............................  Suits, M&B.                         
  33..............................  Sweaters, M&B.                      
  35..............................  Trousers, M&B.                      
  36..............................  Trousers, WGI.                      
  37..............................  Other Wool Apparel.                 
Man-Made Fiber:                                                         
  38..............................  Handkerchiefs.                      
  39..............................  Gloves.                             
  40..............................  Hosiery.                            
  41..............................  Suit-type Coats, M&B.               
  42..............................  Other Coats, M&B.                   
  45..............................  Playsuits.                          
  46..............................  Knit Shirts, M&B.                   
  48..............................  Shirts, Not Knit, M&B.              
  51..............................  Suits, M&B.                         
  52..............................  Suits, WGI.                         
  53..............................  Sweaters.                           
  54..............................  Trousers, M&B.                      
  58..............................  Nightwear.                          
  59..............................  Underwear.                          
  60..............................  Other Apparel.                      
Other Fabric:                                                           
  61..............................  Handkerchiefs.                      
  62..............................  Gloves.                             
  63..............................  Hosiery.                            
  64..............................  Suit-type Coats, M&B.               
  65..............................  Other Coats, M&B.                   
  68..............................  Playsuits.                          
  69..............................  Knit Shirts M&B.                    
  71..............................  Shirts, Not Knit, M&B               
  74..............................  Suits, M&B.                         
  76..............................  Sweaters, M&B.                      
  78..............................  Trousers, M&B.                      
  82..............................  Nightwear.                          
  83..............................  Down-filled Coats, M&B.             
  85..............................  Underwear.                          
  86..............................  Other Apparel.                      
------------------------------------------------------------------------

Appendix B--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                                                               

[[Page 398]]

                                                                        
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                                                            
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 boys'      
                                garments that would be covered if       
                                separately entered.                     
6112.1910.30.................  Coverage excludes men's or boys' garments
                                that would be covered if separately     
                                entered.                                
6112.1910.50.................  Coverage excludes men's or boys' garments
                                that would be covered if separately     
                                entered.                                
6112.2010.10.................  Coverage excludes men's or boys' garments
                                that would be covered if separately     
                                entered.                                
6112.2010.30.................  Coverage limited to men's and boys'      
                                garments that would be covered if       
                                separately entered.                     
6112.2010.50.................  Coverage excludes men's or boys' garments
                                that would be covered if separately     
                                entered.                                
6112.2010.60.................  Coverage excludes men's or boys' garments
                                that would be covered if separately     
                                entered.                                
6112.2010.80.................  Coverage limited to men's and boys'      
                                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.       

[[Page 399]]

                                                                        
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                                                               
------------------------------------------------------------------------

Appendix C--C-549-401 Countervailing Duty Order on Certain Apparel From 
Thailand Like Products for Which ACTWU Does Not Have Standing

------------------------------------------------------------------------
       Like product code No.              Like product description      
------------------------------------------------------------------------
Cotton:                                                                 
  6...............................  Coats, WGI.                         
  7...............................  Dresses.                            
  12..............................  Blouses, Not Knit, WGI.             
  13..............................  Skirts.                             
  16..............................  Trousers, WGI.                      
  17..............................  Brassieres, etc.                    
  18..............................  Dressing Gowns.                     
Wool:                                                                   
  27..............................  Dresses.                            
  32..............................  Suits, WGI.                         
  34..............................  Sweaters, WGI                       
Man-Made Fiber:                                                         
  43..............................  Coats, WGI.                         
  44..............................  Dresses.                            
  47..............................  Knit Shirts & Blouses, WGI.         
  49..............................  Blouses, Not Knit, WGI.             
  50..............................  Skirts.                             
  55..............................  Trousers, WGI.                      
  56..............................  Brassieres, etc.                    
  57..............................  Dressing Gowns.                     
Other Fabric:                                                           
  66..............................  Coats, WGI.                         
  67..............................  Dresses.                            
  70..............................  Knit Shirts & Blouses, WGI.         
  72..............................  Blouses, Not Knit, WGI.             
  73..............................  Skirts.                             
  75..............................  Suits, WGI.                         
  77..............................  Sweaters, WGI.                      
  79..............................  Trousers, WGI.                      
  80..............................  Brassieres, etc.                    
  81..............................  Dressing Gowns.                     
  84..............................  Down-filled Coats, WGI.             
Other Like:                                                             
  87..............................  Flatgoods, handbags, and luggage.   
------------------------------------------------------------------------

Appendix D--C-549-401 Countervailing Duty Order on Certain Apparel From 
Thailand Harmonized Tariff Schedule Numbers

(For which revocation will be amended from January 1, 1995 to January 
1, 1991)


4202.1240              6104.2910.70          6112.2010.90               
4202.1260              6104.3100             6113.0000.30               
4202.1280              6104.3310             6114.3010.20               
4202.2245              6104.3320             6202.1220                  
4202.2260              6104.3910             6202.1340                  
4202.2270              6104.4200             6202.9220                  
4202.2280              6104.4320             6202.9345                  
4202.3240              6104.4420             6202.9350                  
4202.3295              6104.5200             6204.1200                  
4202.9215              6104.5320             6204.2230                  
4202.9220              6104.6220             6204.2920.15               
4202.9230              6104.6320             6204.2920.20               
4202.9260              6106.2020             6204.2920.25               
4202.9290              6109.9010.50          6204.3220                  
6102.3010              6109.9010.60          6204.3350                  
6102.3020              6109.9010.65          6204.3930                  
6104.1200              6109.9010.70          6204.4230                  
6104.2100.70           6109.9010.75          6204.4340                  
6104.2200.30           6109.9010.90          6204.4440                  
6104.2200.40           6110.3030.30          6204.5220                  
6104.2200.50           6110.3030.35          6204.5330                  
6104.2300.10           6110.3030.45          6204.5930                  
6104.2300.14           6110.3030.55          6204.6240                  
6104.2300.16           6111.3010             6204.6335                  
6104.2300.20           6111.3020             6204.6925                  
6104.2300.24           6111.3030             6206.3030                  
6104.2300.26           6111.9010             6206.4030                  
6104.2300.30           6111.9020             6208.9200.10               
6104.2300.32           6111.9030             6208.9200.20               
6104.2300.34           6112.1200.20          6209.2010                  
6104.2300.36           6112.1200.40          6209.2020                  
6104.2300.40           6112.1200.60          6209.2030                  
6104.2300.42           6112.1910.20          6210.3010                  
6104.2910.10           6112.1910.40          6210.501020                
6104.2910.20           6112.1910.60          6212.1050*                 
6104.2910.30           6112.2010.20          6212.1090*                 
6104.2910.40           6112.2010.40                                     
6104.2910.50           6112.2010.70                                     
                                                                        
*In the amended HTS list, published May 17, 1994, 6212.1050 and         
  6212.1090 were not listed. These two numbers replaced 6212.1010 and   
  6212.1020 in early 1995.                                              

[FR Doc. 97-72 Filed 1-2-97; 8:45 am]
BILLING CODE 3510-DS-P