21068 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

the GDR no longer exists. On October 3,

1990, the former GDR and the preunification territory of the FRG were

unified into the single jurisdiction of the

FRG. However, no less-than-fair-value

(LTFV) investigation or injury test

covering solid urea has been conducted

for producers located in the preunification territory of the FRG. Thus,

expansion of the order to the territory of

the unified FRG would raise serious

legal questions under the GATT and

U.S. law—both regimes contemplate the

assessment of antidumping duties only

after injury and LTFV determinations

that provide affected parties with

certain procedural safeguards, including

adequate notice and the opportunity to

comment.

By maintaining the order on solid

urea from the Five States, we believe we

are reaching a result that is consistent

with U.S. law and our international

obligations. First, this result comports

with the holding in the Techsnabexport

case. Specifically, it preserves,

notwithstanding the change in political

borders, the original geographic scope of

the order. 802 F. Supp. at 472–74.

Second, as noted above, nothing in the

GATT or U.S. law expressly precludes

the maintenance of a region- or

province-specific order where, as here,

the country originally subject to the

order has combined with another

country. Expansion of the order to cover

all shipments from the unified FRG, on

the other hand, would subject producers

to antidumping duties on merchandise

which was never covered by injury and

LTFV determinations at the

International Trade Commission and the

Department. Finally, revocation of the

order, while avoiding the concerns

raised by a country-wide order, would,

as a result of a change in government or

political borders, deprive the petitioners

of relief they sought and obtained. As in

the Techsnabexport case, 802 F. Supp.

at 472, where the breakup of the Soviet

Union did not justify the termination of

the then-pending antidumping duty

investigation of uranium, the change in

government and political borders in this

case does not provide a basis for

revocation of the order.

Preliminary Results

According, due to the unique

circumstances of this case, the

Department preliminarily determines

that the appropriate action is to

maintain the order and the existing

44.80 percent cash deposit rate on solid

urea from the five German states that

formerly constituted the GDR

(Brandenburg, MecklenburgVorpommern, Saxony, Saxony-Anhalt,

and Thuringia (plus any other territory

included in the former GDR)) and to

allow entry of shipments from the preunification territory of the FRG without

regard to antidumping duties.

Initiation of Changed Circumstances

Antidumping Duty Administrative

Review

Pursuant to section 751(b) of the

Tariff Act of 1930, as amended (the

Tariff Act) and 19 CFR 353.22(f), the

Department may review a determination

whenever changed circumstances are

sufficient to warrant such a review. In

the instant case, the current cash

deposit rate is based upon the nonmarket economy analysis provided for

in section 773(c) of the Act. However,

the Department has determined that as

of October 3, 1990, producers located in

the five German states that formerly

constituted the GDR have been

operating in a market-oriented economy.

See Final Affirmative Countervailing

Duty Determinations; Certain Steel

Products from Germany, 58 FR 37315,

37324 (July 9, 1993).

Therefore, the Department is initiating

a second changed circumstances review

pursuant to section 751(b) of the Tariff

Act and 19 CFR 353.22(f). In the next

review, the Department will calculate a

new cash deposit rate using a market

economy analysis for any shipments of

solid urea from the Five States occurring

after October 2, 1990 and before the

effective date of this notice. See

Antidumping Duty Order and Initiation

of a Changed Circumstances

Antidumping Duty Administrative

Review: Certain Cut-to-Length Carbon

Steel Plates from Poland, 58 FR 44166

(1993) (change from a non-market to

market economy justified a changed

circumstances review to calculate a new

cash deposit rate).

Suspension of Liquidation

The following deposit requirements

will be effective for all shipments of the

subject merchandise entered, or

withdrawn from warehouse, for

consumption on or after publication

date of the final results of this changed

circumstances review, as provided for

by section 751(a)(1) of the Tariff Act. A

cash deposit of estimated antidumping

duties shall be required on shipments of

the subject merchandise as follows:

(1) No cash deposit will be required

for shipments of solid urea produced by

firms located in the pre-unification

territory of the FRG.

(2) The existing 44.80 percent cash

deposit rate will remain in effect,

pending the results of the second

changed circumstances review, for

shipments of solid urea produced by

firms located in the five German states

that formerly constituted the GDR

(Brandenburg, MecklenburgVorpommern, Saxony, Saxony-Anhalt,

and Thuringia (plus any other territory

included in the former GDR)).

Public Comment

Case briefs and/or written comments

from interested parties on the

preliminary results of this changed

circumstances review (initiated Feb. 12,

1992) may be submitted no later than 25

days after the date of publication of this

notice. Rebuttal briefs and rebuttals to

written comments, limited to issues

raised in those comments, may be filed

no later than 32 days after the date of

publication. All written comments shall

be submitted in accordance with 19 CFR

353.31(e) and shall be served on all

interested parties on the Department’s

service list in accordance with 19 CFR

353.31(g). Interested parties may also

request a hearing within ten days of the

date of publication of this notice. Any

hearing, if requested, will be held no

later than 39 days after the date of

publication of this notice. The

Department will publish the final

results of this changed circumstances

review, including the results of its

analysis of any written comments.

This administrative review and notice

are in accordance with section 751(b) of

the Tariff Act and 19 CFR 353.22(f).

Dated: April 21, 1995.

Paul L. Joffe,

Deputy Assistant Secretary for Import

Administration.

[FR Doc. 95–10638 Filed 4–28–95; 8:45 am]

BILLING CODE 3510–DS–M

[C–333–402]

Certain Apparel from Peru; Notice of

Scope Amendment

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of amendment to the

existing conversion of the scope of the

order from the Tariff Schedules of the

United States annotated to the

harmonized tariff schedule.

SUMMARY: On January 1, 1989, the

United States fully converted to the

international harmonized system of

tariff classification. On January 11,

1989, the Department of Commerce (the

Department) published the Conversion

to Use of the Harmonized Tariff

Schedule of Classifications for

Antidumping and Countervailing Duty

Proceedings (54 FR 993; January 11,

1989) (1989 Conversion) for all

antidumping and countervailing duty
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21069

orders in effect or investigations in

progress as of January 1, 1989. On

October 5, 1994, the Department

published a proposed amendment to the

conversion (59 FR 50727). Interested

parties were invited to comment on this

proposed amended conversion. The

Department also requested the U.S.

Customs Department to comment on the

proposed amendment to the conversion.

Based on our analysis of the comments

received, the Department is now

publishing an amended conversion of

the scope of the countervailing duty

order on certain apparel from Peru.

EFFECTIVE DATE: May 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Martina Tkadlec or Kelly Parkhill,

Office of Countervailing Compliance,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue NW., Washington,

DC 20230, telephone (202) 482–2786.

SUPPLEMENTARY INFORMATION:

Background

In 1985, the Department issued a

countervailing duty order on Certain

Apparel from Peru (C–333–402) (50 FR

9871; March 12, 1985). The scope of this

order was originally defined solely in

terms of the Tariff Schedules of the

United States Annotated (TSUSA) item

numbers; no narrative product

description was provided. On January 1,

1989, the United States fully converted

from the TSUSA to the Harmonized

Tariff Schedule (HTS). Section 1211 of

the Omnibus Trade and

Competitiveness Act of 1988 directed

the Department to ‘‘take whatever

actions are necessary to conform, to the

fullest extent practicable, with the tariff

classification system of the Harmonized

Tariff Schedule (for) all * * * orders

* * *’’ in effect at the time of the

implementation of the HTS.

Accordingly, on January 11, 1989,

after reviewing comments received from

the public, the Department published

the 1989 Conversion for all antidumping

and countervailing duty orders in effect

or investigations in progress as of

January 1, 1989 (54 FR 993). That notice

also included the conversion of the

scope of the countervailing duty order

on certain apparel from Peru from

TSUSA to HTS item numbers. The 1989

Conversion was based on a one-to-one

correspondence of the TSUSA and HTS

item numbers. In the notice, the

Department stated that it would review

the HTS classifications at any time

during a proceeding upon receipt of

new information or additional

comments.

Subsequently, as a result of comments

submitted to the Department by the

importing public and advice received

from the U.S. Customs Service, the

Department determined (1) that the

1989 Conversion did not accurately

reflect the scope of the countervailing

duty order on certain apparel from Peru

and, therefore, (2) that the 1989

Conversion should be amended. On

October 5, 1994, the Department

published a proposed amendment to the

1989 Conversion and invited interested

parties to comment (59 FR 50727). The

Department also requested comments on

the proposed conversion from the U.S.

Customs Service.

Based on our analysis of the

comments received, the Department has

amended the 1989 Conversion

governing the countervailing duty order

on certain apparel from Peru. The HTS

numbers included in this order are

listed in the attached Appendix.

Analysis of Comments Received

The Department received no timely

comments from interested parties. We

are making the following changes to the

HTS-defined scope, as published on

October 5, 1994 (59 FR 50727), based on

comments from the U.S. Customs

Service and advice from the U.S.

International Trade Commission:

1. Since the original TSUSA-defined

scope of this countervailing duty order

did not include hand-knit alpaca

apparel, we are inserting the following

footnote applicable to the whole HTSdefined scope in the attached Appendix:

‘‘The order covers all products

identified, other than hand-knit alpaca

garments.’’

2. To better reflect the original

TSUSA-defined scope of this

countervailing duty order, cotton bags

should be excluded from the HTS

subheading 4202.2280. Consequently,

we are inserting the expression

‘‘Coverage excludes handbags with

outer surface of cotton’’ for this

subheading.

3. To better reflect the original

TSUSA-defined scope of this

countervailing duty order, we are

adding the footnote ‘‘Coverage excludes

garments having embroidery or

permanently affixed applique work on

the outer surface’’ to the following HTS

subheadings: 6104.5100, 6104.5310,

6104.5910, 6104.6100, 6104.6315,

6104.6920, 6204.3120, 6204.3340,

6204.3920, 6204.4120, 6204.4330,

6204.4430, 6204.5100, 6204.5320,

6204.5920, 6204.6240, 6204.6325,

6204.6920.

4. An HTS subheading change, made

effective on January 1, 1995,

necessitates that we replace subheading

6204.6100 with 6204.6190. We are also

adding the footnote ‘‘Coverage excludes

garments having embroidery or

permanently affixed applique work on

the outer surface’’ to this HTS

subheading.

5. We are inserting HTS subheadings

6104.6210, 6201.1330, and 6202.1330 so

that the HTS-defined scope reflects

more accurately the original TSUSAdefined scope of this countervailing

duty order.

6. We are also inserting HTS

subheadings 6106.2010 and 6106.9010

with the footnote ‘‘Coverage excludes

garments having embroidery or

permanently affixed applique work on

the outer surface’’ so that the HTSdefined scope reflects more accurately

the original TSUSA-defined scope of

this countervailing duty order.

Instructions to Customs

The Department will instruct the U.S.

Customs Service to liquidate without

regard to countervailing duties all

unliquidated entries of certain apparel

from Peru not covered by the attached

Appendix that were exported from Peru

on or after May 18, 1992. The

Department will also instruct the U.S.

Customs Service to liquidate at the

appropriate countervailing duty rate all

unliquidated entries of the subject

merchandise covered in the attached

Appendix that were exported on or after

May 18, 1992, and on or before

December 31, 1994.

In addition, we are instructing the

Customs Service to terminate the

suspension of liquidation for all entries

of certain apparel from Peru not covered

in the attached Appendix, that are

entered or withdrawn from the

warehouse on or after the date of

publication of this notice. The

Department will also instruct the U.S.

Customs Service to continue to suspend

liquidation and collect the appropriate

cash deposit of estimated countervailing

duties for the subject merchandise listed

in the attached Appendix, entered or

withdrawn from the warehouse, on or

after the date of publication of this

notice.

Dated: April 18, 1995.

Joseph A. Spetrini,

Deputy Assistant Secretary for Compliance.

Appendix: Amended HTS List for

Certain Apparel From Peru (C–

333–402)▼

4202.1240 6109.1000♦

4202.2270 6110.1010

4202.2280● 6110.1020

4202.9215 6110.2020♦

4202.9260 6110.3015

6102.1000 6116.9100
21070 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

Appendix: Amended HTS List for

Certain Apparel From Peru (C–

333–402)▼—Continued

6102.3010 6116.9364

6103.1100 6116.9374

6103.1210 6117.1010

6103.1910 6117.1020

6103.2100* 6201.1100

6103.2200* 6201.1330

6103.2300* 6201.9120

6103.2910* 6201.9325

6103.4110 6202.1100

6103.4210† 6202.1330

6103.4310 6202.9120

6103.4910‡ 6202.9220

6104.1100 6202.9340

6104.1310 6204.2100*

6104.1910 6204.2230*

6104.2100* 6204.2300*

6104.2300* 6204.2920*

6104.2910* 6204.3120♦

6104.3100 6204.3340♦

6104.3310 6204.3920♦

6104.3910‡ 6204.4120♦

6104.4100 6204.4230◊

6104.4310 6204.4330♦

6104.4410 6204.4430♦

6104.5100♦ 6204.5100♦

6104.5310♦ 6204.5320♦

6104.5910‡♦ 6204.5920♦

6104.6100♦ 6204.6190♦

6104.6210 6204.6240■ ♦

6104.6315♦ 6204.6325♦

6104.6920‡ ♦ 6204.6920♦

6105.1000♦ 6205.2020b

6106.1000♦ 6214.2000

6106.2010♦ 6505.9030

6106.9010♦ 6505.9040

▼ The order covers all products identified,

other than hand-knit alpaca garments.

● Coverage excludes handbags with outer surface of cotton.

* Coverage limited to garments that would be

subject to this order if separately entered.

† Coverage limited to garments having embroidery or permanently affixed applique work on the

outer surface.

‡ Coverage limited to garments of artificial fibers, containing 23 percent or more by weight of

wool or fine animal hair. ♦ Coverage excludes garments having embroidery or permanently affixed applique work on the

outer surface.

◊ Coverage excludes dresses of pile fabric and

other dresses of fabric having yarns of different

colors.

■ Coverage excludes girls’ garments, women’s

shorts, women’s trousers and breeches of pile fabric and other women’s trousers and breeches of

blue denim. b Coverage excludes shirts of pile fabric and

other shirts of fabric having yarns of different colors.

[FR Doc. 95–10651 Filed 4–28–95; 8:45 am]

BILLING CODE 3510–DS–P

[C–333–001]

Cotton Sheeting and Sateen From

Peru; Notice of Scope Amendment

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of amendment to the

existing conversion of the scope of the

order from the tariff schedules of the

United States annotated to the

harmonized tariff schedule.

SUMMARY: On January 1, 1989, the

United States fully converted to the

international harmonized system of

tariff classification. On January 11,

1989, the Department of Commerce (the

Department) published the Conversion

to Use of the Harmonized Tariff

Schedule of Classifications for

Antidumping and Countervailing Duty

Proceedings (54 FR 993; January 11,

1989) (1989 Conversion) for all

antidumping and countervailing duty

orders in effect or investigations in

progress as of January 1, 1989. On

October 5, 1994, the Department

published a proposed amendment to the

conversion (59 FR 50728). Interested

parties were invited to comment on this

proposed amended conversion. The

Department also requested the U.S.

Customs Department to comment on the

proposed amendment to the conversion.

Based on our analysis of the comments

received, the Department is now

publishing an amended conversion of

the scope of the countervailing duty

order on cotton sheeting and sateen

from Peru.

EFFECTIVE DATE: May 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Martina Tkadlec or Kelly Parkhill,

Office of Countervailing Compliance,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, NW., Washington,

DC 20230, telephone (202) 482–2786.

SUPPLEMENTARY INFORMATION:

Background

In 1983, the Department issued a

countervailing duty order on Cotton

Sheeting and Sateen from Peru (C–333–

001) (48 FR 4501; February 1, 1983).

The scope of this order was originally

defined solely in terms of the Tariff

Schedules of the United States

Annotated (TSUSA) item numbers; no

narrative product description was

provided. On January 1, 1989, the

United States fully converted from the

TSUSA to the Harmonized Tariff

Schedule (HTS). Section 1211 of the

Omnibus Trade and Competitiveness

Act of 1988 directed the Department to

‘‘take whatever actions are necessary to

conform, to the fullest extent

practicable, with the tariff classification

system of the Harmonized Tariff

Schedule (for) all * * * orders * * *’’

in effect at the time of the

implementation of the HTS.

Accordingly, on January 11, 1989,

after reviewing comments received from

the public, the Department published

the 1989 Conversion for all antidumping

and countervailing duty orders in effect

or investigations in progress as of

January 1, 1989 (54 FR 993). That notice

also included the conversion of the

scope of the countervailing duty order

on cotton sheeting and sateen from Peru

from TSUSA to HTS item numbers. The

1989 Conversion was based on a one-toone correspondence of the TSUSA and

HTS item numbers. In the notice, the

Department stated that it would review

the HTS classifications at any time

during a proceeding upon receipt of

new information or additional

comments.

Subsequently, as a result of comments

submitted to the Department by the

importing public and advice received

from the U.S. Customs Service, the

Department determined (1) that the

1989 Conversion did not accurately

reflect the scope of the countervailing

duty order on cotton sheeting and

sateen from Peru and, therefore, (2) that

the 1989 Conversion should be

amended. On October 5, 1994, the

Department published a proposed

amendment to the 1989 Conversion and

invited interested parties to comment

(59 FR 50728). The Department also

requested comments on the proposed

conversion from the U.S. Customs

Service.

We received no comments from

interested parties. Based on our analysis

of comments from the U.S. Customs

Service and advice from the U.S.

International Trade Commission, the

Department has amended the 1989

Conversion governing the

countervailing duty order on cotton

sheeting and sateen from Peru. The HTS

numbers included in this order are

listed in the attached Appendix.

Instructions to Customs

The Department will instruct the U.S.

Customs Service to liquidate without

regard to countervailing duties all

unliquidated entries of cotton sheeting

and sateen from Peru not covered by the

attached Appendix that were exported

from Peru on or after January 1, 1994.

The Department will also instruct the

U.S. Customs Service to liquidate at the

appropriate countervailing duty rate all

unliquidated entries of the subject

merchandise covered in the attached

Appendix that were exported on or after

January 1, 1994, and on or before

December 31, 1994.

In addition, we are instructing the

Customs Service to terminate the

suspension of liquidation for all entries

of cotton sheeting and sateen from Peru

not covered in the attached Appendix,

that are entered or withdrawn from the

warehouse on or after the date of