26162 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices

Dated: May 17, 1996.

Paul L. Joffe.

Acting Assistant Secretary for Import

Administration.

[FR Doc. 96–13173 Filed 5–23–96; 8:45 am]

BILLING CODE 3510–DS–P

[C–201–017]

Bricks From Mexico; Amended

Revocation of the Countervailing Duty

Order and Amended Final Results of

Countervailing Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Amended Revocation of the

Countervailing Duty Order and

Amended Final Results of

Countervailing Duty Administrative

Review.

SUMMARY: On September 6, 1995, the

Court of Appeals for the Federal Circuit

(the CAFC) held in Ceramica

Regiomontana v. United States, Court

No. 95–1026 (Fed. Cir., Sept. 6, 1995)

(Ceramica) that the Department of

Commerce (the Department) lacks

statutory authority to impose

countervailing duties on dutiable goods

imported by Mexico after April 23,

1985, absent an injury determination.

On April 18, 1996, pursuant to the

Ceramica decision, the Court of

International Trade (CIT) remanded to

the Department the case Productos De

Barro Industrializados, S.A. de C.V.

(Court No. 88–10–00808), which was

stayed pending the Ceramica decision.

In the remand, the court ordered the

Department to (1) revoke the

countervailing duty order on bricks

from Mexico effective April 23, 1985,

the date Mexico was designated as a

‘‘country under the Agreement’’; and (2)

instruct the U.S. Customs Service to

refund any estimated countervailing

duties at issue in this case that were

deposited during the period April 23,

1985 through December 31, 1986. In

accordance with the CIT’s order, we are

hereby amending the revocation of the

countervailing duty order on bricks

from Mexico to be effective April 23,

1985, instead of August 24, 1986 (54 FR

53163; December 27, 1989).

In addition, pursuant to Ceramica

S.A. v. United States, Slip Op. 96–74,

Court No. 59–06–00323 (May 5, 1994),

the CIT ordered the Department to

recalculate the country-wide rate for

entries of bricks from Mexico exported

by Productos de Barro Industrializados,

S.A. de C.V. (Productos de Barro) that

were entered between July 1, 1984 and

April 22, 1985, by weight-averaging the

benefits received by all companies by

their proportion of exports to the United

States, inclusive of zero rate firms and

de minimis firms as well as all other

firms with significantly different rates.

In accordance with the CIT’s remand,

we are hereby amending the final results

of the countervailing duty

administrative review. The recalculated

rate applicable to unliquidated entries

exported by Productos de Barro is 2.92

percent ad valorem for the period July

1, 1984 through December 31, 1984 and

3.10 percent ad valorem for the period

January 1, 1985 through April 22, 1985.

EFFECTIVE DATE: May 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Gayle Longest or Kelly Parkhill at the

Office of Countervailing Compliance,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone:

(202) 482–2786.

SUPPLEMENTARY INFORMATION:

Background

On September 30, 1989 (53 FR 38314),

the Department published the final

results of administrative review of the

countervailing duty order on bricks

from Mexico, covering the review

period July 1, 1984, through December

31, 1985. For purposes of the final

results, the Department calculated the

‘‘all others’’ countervailing duty rate by

weight averaging the benefits received

by companies, excluding zero rate and

de minimis firms. The resultant

countervailing duty rate applicable to

non-de minimis firms was 3.32 percent

ad valorem during July 1, 1984 through

December 31, 1984, and 4.21 percent ad

valorem during January 1, 1985 through

December 31, 1985.

On December 27, 1989, the

Department published the final results

of changed circumstances

countervailing duty administrative

review and revocation of the

countervailing duty order on bricks

from Mexico revoking the

countervailing duty order as of August

24, 1986.

The respondents challenged the

Department’s final results of the

administrative review in the CIT with

respect to (1) the calculation of the

country-wide countervailing duty rate,

and (2) the effective date of the

revocation of the countervailing duty

order on bricks from Mexico. The CIT

stayed these cases pending the

resolution of the identical issues raised

in Ceramica, a case involving the

countervailing duty order on ceramic

tile from Mexico.

On September 6, 1995, the CAFC

ruled in Ceramica that, absent an injury

determination by the ITC, the

Department may not assess

countervailing duties under section

1303(a)(1) on entries from Mexico of

dutiable merchandise which occurred

on or after April 23, 1985, the date

Mexico was designated as a ‘‘country

under the Agreement’’ for purposes of

19 U.S.C. § 1671. On February 21, 1996,

the Department implemented the

CAFC’s ruling in the case of Mexican

ceramic tile. (61 FR 6630) On April 18,

1996, the CIT ordered the Department to

apply the CAFC’s decision in Ceramica

to bricks from Mexico. Accordingly, the

CIT ordered that the Department (1)

Amend the effective date of the

revocation of the order on bricks from

Mexico to April 23, 1985, and (2)

recalculate ‘‘the countervailing duty rate

for plaintiff’s entries of bricks from

Mexico that were entered between July

1, 1984 and April 22, 1985, by weightaveraging the benefits received by all

companies by their proportion of

exports to the United States, inclusive of

zero rate firms and de minimis firms as

well as all other firms with significantly

different rates’’ pursuant to the

methodology set forth in Ipsco v. United

States, 899 F.2d 1192 (Fed. Cir. 1990).’’

Amended Revocation and Final

Remand Results

Pursuant to the CIT’s order of April

18, 1996, the Department is hereby

amending the revocation of the

countervailing duty order on bricks

from Mexico to be effective for all

entries made on or after April 23, 1985.

We will instruct the U.S. Customs

Service to liquidate all unliquidated

entries of the subject merchandise

entered or withdrawn from warehouse,

for consumption on or after April 23,

1985, without regard to countervailing

duties. We will instruct the U.S.

Customs Service to refund with interest

any estimated countervailing duties

collected with respect to those entries.

We note that the requirements for a cash

deposit of estimated countervailing

duties were previously terminated in

conjunction with the revocation under

section 751 (b) and (c) of the Act.

Furthermore, the Department has

complied with the CIT’s order and

recalculated the ‘‘all others’’

countervailing duty rates applicable to

entries exported by Productos de Barro

by weight-averaging the benefits

received by all of the companies,

including the de minimis or zero rate

firms as well as companies with

significantly different rates, that were

subject to the review covering the

period July 1, 1984 through December
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices 26163

31, 1985. The resultant rate for

Productos de Barro for the period July

1, 1984 through December 31, 1984 is

2.92 percent ad valorem, and for the

period January 1, 1985 through

December 31, 1985 is 3.10 percent ad

valorem. Accordingly, we are hereby

amending the final results of the

administrative review for the period

July 1, 1984 through December 31, 1985.

However, as discussed above, we will

order assessment only on entries

through April 22, 1985, the date prior to

the effective date of the revocation.

The Department shall determine, and

the Customs Service shall assess,

countervailing duties on all appropriate

entries. The Department will issue

appraisement instructions directly to

the Customs Service.

This notice is in accordance with

section 516(a)(e) of the Act.

Dated: May 17, 1996.

Paul L. Joffe,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 96–13169 Filed 5–23–96; 8:45 am]

BILLING CODE 3510–DS-P

[C–535–001]

Cotton Shop Towels From Pakistan;

Termination of Countervailing Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of termination of

countervailing duty administrative

review.

SUMMARY: The Department of Commerce

(the Department) is terminating the

administrative review of the

countervailing duty order on shop

towels from Pakistan initiated on April

25, 1996.

EFFECTIVE DATE: May 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Anne D’Alauro or Maria MacKay, 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

On March 27, 1996, Milliken &

Company (Milliken), a domestic

producer of shop towels, requested an

administrative review of the

countervailing duty order on cotton

shop towels from Pakistan for the period

January 1, 1995 through December 31,

1995, for the producer/resellers Anwar

Corporation, Bita Textile Corporation,

Eastern Textiles (Pvt) Ltd., Fine Fabrico,

Hilal Corporation (Pvt) Ltd., Jawad

Brothers, Mehtabi Towel Mills (Pvt)

Ltd., Mohain Brothers, Pakistan Textile

Corporation (Pvt) Ltd., Quality Linen

Supply Corporation, Salimah

International, Shaheen Textiles, Shahi

Textiles, Sultex Industries, The Khans,

and United Towel Exporters. No other

interested party requested a review.

On April 25, 1996, the Department

published a notice initiating the

administrative review for that period

with respect to those producers/resellers

(61 FR 18378). On May 7, 1996,

Milliken withdrew its request for review

of the same producer/exporters.

Section 355.22(a)(3) of the

Department’s regulations provides that

the Department may permit a party that

requests a review to withdraw its

request not later than 90 days after the

date of publication of the notice of

initiation of the review. Since the

withdrawal of Milliken’s request was

timely submitted, we are accepting

Milliken’s withdrawal and terminating

this review.

This notice is published in

accordance with 19 CFR 355.22(a)(3).

Dated: May 16, 1996.

Joseph A. Spetrini,

Deputy Assistant Secretary for Compliance.

[FR Doc. 96–13171 Filed 5–23–96; 8:45 am]

BILLING CODE 3510–DS–P

[C–201–001]

Leather Wearing Apparel From Mexico;

Notice of Termination of the

Countervailing Duty Administrative

Review and Amendment to the

Revocation of the Countervailing Duty

Order

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of termination of the

countervailing duty administrative

review and amendment to the

revocation of the countervailing duty

order.

SUMMARY: On March 29, 1996, the

Department of Commerce (the

Department) published in the Federal

Register its notice of intent to terminate

the countervailing duty administrative

review and notice of intent to amend the

revocation of the countervailing duty

order on leather wearing apparel from

Mexico, 61 FR 14076, as a result of the

decision by the Court of Appeals for the

Federal Circuit (CAFC) in Ceramica

Regiomontana v. United States, Court

No. 95–1026 (Fed. Cir., Sept. 6, 1995)

(Ceramica). In Ceramica, the CAFC

ruled that absent an injury

determination by the International

Trade Administration (ITC), the

Department may not assess

countervailing duties under section

1303(a)(1) on entries of dutiable

merchandise which occurred on or after

April 23, 1985, the effective date of

Mexico’s Bilateral Agreement with the

United States. Since we received no

comments on our notice of intent, we

are hereby terminating this

administrative review, which covers the

period January 1, 1994 through

December 31, 1994, and amending the

date of the revocation of the

countervailing duty order to be effective

April 23, 1985.

EFFECTIVE DATE: May 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Brian Albright or Cameron Cardozo,

Office of Countervailing Compliance,

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

The countervailing duty order on

leather wearing apparel from Mexico

was issued on April 10, 1981 pursuant

to section 303 of the Tariff Act of 1930,

as amended (the Act). No injury

determination was required for cases

conducted pursuant to section 303. In

the Uruguay Round Agreements Act of

1994 (URAA), which amended the Act,

section 303 was repealed because the

new Agreement on Subsidies and

Countervailing Measures (SCM

Agreement) prohibits the assessment of

countervailing duties on imports from a

member of the World Trade

Organization without an affirmative

injury determination. The URAA added

section 753 to the Act, which provided

domestic interested parties an

opportunity to request an injury

investigation for orders that had been

issued pursuant to section 303.

Because no domestic interested

parties exercised their right under

section 753(a) of the Act to request an

injury investigation on Mexican leather

wearing apparel, the ITC 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 this countervailing

duty order, effective January 1, 1995,

pursuant to section 753(b)(3)(B) of the

Act. Revocation of Countervailing Duty

Orders, 60 FR 40,568 (August 9, 1995).