46 FR 23512
NOTICES
DEPARTMENT OF COMMERCE
Refrigerators, Freezers, Other Refrigerating Equipment and Parts From Italy;
Preliminary Results of Administrative Review of Countervailing Duty Order
Monday, April 27, 1981
*23512
AGENCY: International Trade Administration, Department of Commerce.
ACTION: Notice of preliminary results of administrative review of
countervailing duty order.
SUMMARY: The Department of Commerce has conducted an administrative review
of the countervailing duty order on refrigerators, freezers, other refrigerating
equipment and parts from Italy. The review covers the period January 1, 1980,
through December 31, 1980. As a result of this review, the Department has
preliminarily determined the net amount of the subsidy to be the full value of the
rebates for these products under Italian Law 639. Interested parties are invited to
comment on these preliminary results.
EFFECTIVE DATE: April 27, 1981.
FOR FURTHER INFORMATION CONTACT:
Paul J. McGarr, Office of Compliance, Room 1126, International Trade
Administration, U.S. Department of Commerce, Washington, D.C. 20230
(202-377- 2104).
SUPPLEMENTARY INFORMATION:
Procedural Background
On March 28, 1973, a final countervailing duty determination on
refrigerators, freezers, other refrigerating equipment and parts from Italy, T.D.
73-85, was published in the Federal Register (38 FR 8057). The notice stated that
the Department of the Treasury had determined that exports of refrigerators,
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freezers, other refrigerating equipment, and parts from Italy
benefited from bounties or grants within the meaning of section 303 of the Tariff Act
of 1930 (19 U.S.C. 1303) ("the Tariff Act"). Accordingly, imports of this merchandise
were subject to countervailing duties.
On January 1, 1980, the provisions of title I of the Trade Agreements Act of 1979
("the TAA") became effective. On January 2, 1980, the authority for administering
the countervailing duty law was transferred from the Department of the
Treasury to the Department of Commerce ("the Department"). On April 3, 1980, the
International Trade Commission ("the ITC") notified the Department that an injury
determination for this order had been requested under section 104(b) of the TAA.
Therefore, following the requirements of that section, liquidation was suspended on
April 3, 1980, on all shipments of such merchandise entered, or withdrawn from
warehouse, for consumption on or after that date. The Department published in the
Federal Register of May 13, 1980 (45 FR 31455) a notice of intent to conduct
administrative reviews of all outstanding countervailing duty orders. As
required by section 751 of the Tariff Act, the Department has conducted an
administrative review of the order on refrigerators, freezers, other refrigerating
equipment and parts from Italy.
Scope of the Review
Imports covered by this review are complete refrigerators (cabinets, chests,
and refrigerated counters, refrigerated display cases, water coolers, and the like);
insulated cold cabinets (unequipped), isothermal cabinets, ice-cream storage
cabinets, and the like; and refrigerating apparatus and components thereof, fixed on
a common baseplate, including freezers and parts, from Italy. These imports are
currently classifiable under items 661.35 and 661.37, Tariff Schedules of the United
States.
The review covers the period January 1, 1980, through December 31, 1980, and is
limited to rebates granted under Italian Law 639, which was the only program found
countervailable in the Final Determination.
Preliminary Results of the Review
Under Italian Law 639, exporters receive rebates of customs duties and certain
indirect taxes on the export of specified products containing iron and steel. The
rates differ for particular types of products. For refrigerators, freezers, other
refrigerating equipment and parts, the rebates are between 20 and 45 lire per
kilogram.
The Government of Italy provided no substantive response to our questionnaire
of June 18, 1980, nor were our follow-up requests for information answered. Our
independent investigation has confirmed that the rates legislated in Law 639 still
apply in full for exports of this merchandise to the United States.
Because we have received no information to indicate that any part of the rebates is
not countervailable, we preliminarily determine that the rates of net subsidy
conferred upon producers exporting to the United States are:
Complete refrigerators (cabinets, chests, and refrigerated
counters, refrigerated display cases, water coolers and the
like) .......................................................... 45 lire/kg.
Insulated cold cabinets (unequipped), isothermal cabinets,
ice-cream storage cabinets, and the like ....................... 20 lire/kg.
Refrigerating apparatus and components thereof, fixed on a common
baseplate, including freezers and parts ........................ 45 lire/kg.
The Department intends to instruct the Customs Service to assess
countervailing duties at the above rates on all unliquidated entries of this
merchandise entered, or withdrawn from warehouse, for consumption on or after
January 1, 1980, and prior to April 3, 1980. The provisions of section 303(a)(5) of
the Tariff Act, prior to the enactment of the TAA, apply to all entries prior to
January 1, 1980. Accordingly, the Department also intends to instruct the Customs
Service to assess countervailing duties on unliquidated entries of this
merchandise which were entered, or withdrawn from warehouse, for consumption
prior to January 1, 1980 in the amounts set forth in T.D. 73-
85. In addition, should the ITC find that there is injury or likelihood of injury to an
industry in the United States, the Department intends to instruct the Customs
Service to assess countervailing duties at the rates stated above on all
unliquidated entries of refrigerators, freezers, other refrigerating equipment and
parts entered, or withdrawn from warehouse, for consumption on or after April 3,
1980, and exported on or before December 31, 1980.
Further, as required by § 355.36(c) of the Commerce Regulations, a cash deposit of
the estimated countervailing duties listed above shall be required on all
shipments entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results. This requirement shall remain in effect until
publication of the final results of the next administrative review.
Pending publication of the final results of the present review, the existing deposit of
estimated duties shall continue to be required, at the rates set forth in T.D. 73-85,
on each entry, or withdrawal from warehouse, for consumption of this merchandise,
and liquidation shall continue to be suspended on entries made on or after April 3,
1980 until the Department is notified of a determination by the ITC.
Interested parties may submit written comments on these preliminary results on or
before May 27, 1981 and may request disclosure and/or a hearing on or before May
12, 1981. The Department will publish the final results of this
administrative review including the results of its analysis of any such comments or
hearing.
This administrative review and notice are in accordance with section 751(a)(1) of
the Tariff Act (19 U.S.C. 1675(a)(1)) and § 355.41 of the Commerce Regulations (19
CFR 355.41).
John D. Greenwald,
Deputy Assistant Secretary for Import Administration.
April 21, 1981.
[FR Doc. 81-12469 Filed 4-27-81; 8:45 am]
BILLING CODE 3510-25-M