Pig Iron From Brazil; Preliminary Results of Countervailing Duty Administrative

Review


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

ACTION: Notice of preliminary results of countervailing duty administrative review.

SUMMARY: The Department of Commerce is conducting an administrative review of the countervailing duty order on pig iron from Brazil. We preliminarily determine the net subsidy to be 0.06 percent ad valorem for all firms for the period January 1, 1990 through December 31, 1990. In accordance with 19 CFR 355.7, any rate less than 0.50 percent ad valorem is de minimis. We invite interested parties to comment on these preliminary results.

EFFECTIVE DATE: January 28, 1992.

FOR FURTHER INFORMATION CONTACT:Dana S. Mermelstein or Maria P. MacKay, Office of Countervailing Compliance, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; telephone: (202) 377-2786.

SUPPLEMENTARY INFORMATION:

Background

On April 12, 1991, the Department of Commerce (the Department) published in the Federal Register a notice of "Opportunity to Request Administrative Review" (56 FR 14927) of the countervailing duty order on pig iron from Brazil (45 FR 23045; April 4, 1980). We received requests for review from Associated Metals and Minerals Corporation, Sumitomo Corporation of America, Considar, U.S.A., Inc., and SINDIFER, interested parties within the meaning of 355.2(i). We initiated the review covering the period January 1, 1990 through December 31, 1990, on May 21, 1991 (56 FR 23271). The Department is now conducting this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). The final results of the last administrative review of this order were published on May 30, 1991 (56 FR 24174).

Scope of Review

Imports covered by this review are shipments of pig iron of basic, malleable, and low phosphorous grades, from Brazil. During the review period, such merchandise was classifiable under item numbers 7201.10.00, 7201.30.00, and 7206.10.00 of the Harmonized Tariff Schedule (HTS). The HTS item numbers are provided for convenience and Customs purposes. The written description remains dispositive.
The review covers the period January 1, 1990 through December 31, 1990, nineteen companies, and seven programs.

Hyperinflationary Economics

According to statistics published by the Brazilian government the annual inflation rate in Brazil during the review period was 1,285 percent. Under such circumstances, the clustering of nominal countervailable benefits either at the beginning or at the end of the review period would tend to distort the real value of the benefit bestowed on the firm. In this review, benefits from the Income Tax Reduction for Export Earnings program were received at the beginning of the review period. Therefore, we have made a downward adjustment to the nominal values of annual exports used as the denominator in the calculation of the benefit from this program. This adjustment is based on the price deflator index used by the Brazilian government during the period of review, the Bonus do Tesouro Nacional (BTN). For further explanation of this methodology see Final Negative Countervailing Duty Determination: Silicon Metal From Brazil (56 FR 26988; June 12, 1991).

Analysis of Programs

(1) Income Tax Reduction for Export Earnings

This program was previously named Income Tax Exemption for Export Earnings. Under this program, exporters of pig iron are eligible for a reduction in income tax on the portion of their profits attributable to exports. The exporter calculates the tax-reduction portion of profit based on the ratio of export revenue to total revenue. Because this program provides tax reductions that are limited to exporters, we preliminarily determine that it is countervailable.
The nominal corporate tax rate in Brazil in 1990 was 30 percent, while under this program profits from export sales were taxed at a rate of eighteen percent, pursuant to Decree-Law 7988 of December 28, 1989. Furthermore, Brazilian tax law permits all companies to reduce their income taxes by investing up to 24 percent of their tax liability in specified companies and funds. Eight pig iron exporters claimed this income tax reduction for export earnings on their tax returns filed in 1990 and invested in the specified companies and funds. Their effective tax rates were thus lowered below the nominal 30 percent rate during the period of review.
We calculated the effective tax rate for the firm by dividing the net tax liability by net taxable income. In order to adjust for hyperinflation, the reported figures were converted into BTN using the same BTN rate used in the tax returns. We determined the export profit by multiplying the exports to sales ratio by adjusted operating profits. We then determined the tax reduction by multiplying the export profit (converted into BTN) by the difference between the effective tax rate and the preferential tax rate of eighteen percent. We divided the tax benefit by the firm's total exports for 1990, which were deflated using the average BTN rate for 1990. We then weight- averaged each firm's benefit by its share of exports of the subject merchandise to the United States. On this basis, we preliminarily determine the benefit from this program to be 0.06 percent for all firms for the period January 1, 1990 through December 31, 1990.
Decree Law 8034 of April 12, 1990 eliminated this tax reduction and established a prevailing tax rate of 30 percent for domestic and export earnings for tax year 1990 (the 1990 tax returns are filed in 1991). See, e.g., Final Negative Countervailing Duty Determination: Silicon Metal From

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Brazil (56 FR 26988; June 12, 1991). We consider this elimination to be a program-wide change. Because it occurred prior to the issuance of these preliminary results and there are no residual benefits to the producers/exporters of pig iron, we have taken this program-wide change into account in setting our cash deposit rate. Therefore, for purposes of the cash deposit of estimated countervailing duties, we preliminarily determine the benefit from this program to be zero for all firms. See Countervailing Duties; Notice of Proposed Rulemaking and Request for Public Comment (54 23366; May 31, 1989) § 355.50(a) (1) and (2) at page 23385.

(2) Programs Not Used and Eliminated

We also examined the following programs and preliminarily determine that the respondents did not use them during review period and that they were terminated by the Government of Brazil:

A. CACEX Preferential Working Capital Financing for Exports.
This program was terminated effective August 30, 1990, by Central Bank Resolution 1744.

B. FINEX preferential financing under Resolutions 68 and 509.
This program was terminated on October 5, 1990 by constitutional provision.

C. Preferential financing from the Banco do Brasil under the EST and EGF.
The EST financing was eliminated; EGF financing is not available to pig iron producers.
See, e.g., Final Negative Countervailing Duty Determination: Silicon Metal From Brazil (56 FR 26988; June 12, 1991) and Final Affirmative Countervailing Duty Determination: Steel Wheels from Brazil (54 FR 15523; April 18, 1989).

(3) Other Programs

We also examined the BEFIEX Reduction of Taxes and Import Duties program, the Accelerated Depreciation on Brazilian-made Capital Equipment program, and the FINEP preferential financing program, and preliminarily determine that exporters of pig iron did not apply for or receive benefits under these programs during the review period.

Preliminary Results of Review

As a result of our review, we preliminarily determine the net subsidy to be 0.06 percent ad valorem for all firms for the period January 1, 1990 through December 31, 1990. In accordance with 19 CFR 355.7, any rate less then 0.50 percent ad valorem is de minimis.
Upon completion of this review, the Department will instruct the Customs Service to liquidate, without regard to countervailing duties, all shipments of pig iron from Brazil exported on or after January 1, 1990 and on or before December 31, 1980.
The Department will also instruct the customs Service to waive cash deposits of estimated countervailing duties, as provided by section 751(a)(1) of the Act, on all shipments of pig iron from Brazil entered, or withdrawn from the warehouse, for consumption on or after the date of publication of the final results of this administrative review.
Parties to the proceeding may request disclosure of the calculation methodology and interested parties may request a hearing not later than 10 days after the date of publication of this notice. Interested parties may submit written arguments in case briefs on these preliminary results within 30 days of the date of publication. Rebuttal briefs, limited to arguments raised in case briefs, may be submitted seven days after the time limit for filing the case brief. Any hearing, if requested, will be held within seven days after the scheduled date for submission of rebuttal briefs. Copies of case briefs and rebuttal briefs must be served on interested parties in accordance with 19 CFR 355.38(e).
Representatives of parties to the proceeding may request disclosure of proprietary information under administrative protective order no later than 10 days after the representative's client or employer becomes a party to the proceeding, but in no event later than the date the case briefs, under section 355.38(c), are due.
The Department will publish the final results of this administrative review including the results of its analysis of issues raised in any case or rebuttal brief or at a hearing.
This administrative review and notice are in accordance with section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 355.22.
Dated: January 17, 1992.

Alan M. Dunn,
Assistant Secretary for Import Administration.