46 FR 40719
NOTICES
DEPARTMENT OF COMMERCE
International Trade Administration
Steel Units for Electrical Transmission Towers From Italy; Final Results of
Administrative Review of Countervailing Duty Order
Tuesday, August 11, 1981
*40719
AGENCY: International Trade Administration, Department of Commerce.
ACTION: Notice of final results of administrative review of countervailing duty
order.
SUMMARY: On April 28, 1981, the Department of Commerce published the
preliminary results of its administrative review of the countervailing duty
order on steel units for electrical transmission towers from Italy. The review
covered the period January 1, 1980 through December 31, 1980.
Interested parties were invited to comment on the preliminary results, and we
received new information concerning one of the exporting firms. Nonetheless, we
have determined the net amount of the subsidy to be the full value of the rebate for
this product under Italian Law 639.
EFFECTIVE DATE: August 11, 1981.
FOR FURTHER INFORMATION CONTACT:
Paul J. McGarr, Office of Compliance, Room 2803, International Trade
Administration, U.S. Department of Commerce, Washington, D.C. 20230
(202-377- 1167).
SUPPLEMENTARY INFORMATION:
Procedural Background
On Arpil 21, 1967, a final countervailing duty determiniation on steel units
for electrical transmission towers from Italy, T.D. 67-102, was published in the
Federal Register (32 FR 6274). The effective date was May 21, 1967.
On April 3, 1980, the International Trade Commission ("the ITC") notified the
Department of Commerce ("the Department") that an injury determination for this
order had been requested under section 104(b) of the Trade Agreements Act of
1979 ("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withdrawn from warehouse, for consumption on or after that date.
On April 28, 1981, the Department published in the Federal Register a notice of
"Preliminary Results of Administrative Review of Countervailing Duty Order"
on steel units for electrical transmission towers from Italy (46 FR 23782). The
Department has now completed its administrative review of that countervailing
duty order.
Scope of the Review
Imports covered by this review are galvanized fabricated structural steel units for
the erection of electrical transmission towers imported directly or indirectly from
Italy. This merchandise is imported as complete towers or made up into
structural units, or as individual or similar pieces. These imports
are currently classifiable under item numbers 609.84, 646.54, 646.65, 646.70,
646.72, 652.94, 653.00, 657.25 and 923.51, Tariff Schedules of the United States
(TSUS).
The notice of preliminary results of administrative review listed TSUS item numbers
652.94 and 652.96 as the current classification. One of these, 652.96, was incorrect
because it is for allow steel. In addition, our listing was incomplete because 652.94
only covers structural units and not complete towers or individual pieces.
Accordingly, the above list supersedes our preliminary notice.
The review covered the period January 1, 1980 through December 31, 1980, and
was limited to rebates granted under Italian Law 639
of July 5, 1964, which was the only program found countervailable in the
final determination.
Final Results of the Review
During the comment period, the Government of Italy supplied us with new data
on behalf of the leading exporter to the U.S. market of this merchandise. We have
not considered this information because it represents an untimely response to our
original questionnaire.
The final results of our review are the same as those presented in the preliminary
results of the review. The stated purpose of Italian Law 639
is to rebate customs duties and certain indirect taxes on the export of products
containing iron and steel. No evidence was presented in this case to demonstrate the
requisite linkage between the incidence of customs duties and certain indirect taxes
on various inputs of this merchandise and the amount of the rebate.
Therefore, we determine that the full value of the rebate for this product, which is 18
lire per kilogram, is the rate of net subsidy conferred upon producers exporting to
the United States for the period January 1, 1980 through December 31, 1980.
The U.S. Customs Service shall assess countervailing duties of 18 lire per
kilogram 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 T.D. 67-102 and of section 303(a)(5) of the Tariff Act of 1930 ("the
Tariff Act"), prior to the enactment of the TAA, apply to all entries prior to January
1, 1980. Accordingly, the Customs Service shall assess countervailing duties
of 13.67 lire per kilogram, the amount set forth in T.D. 67-102, on all unliquidated
entries of this merchandise which were entered, or withdrawn from warehouse, for
consumption prior to January 1, 1980.
In addition, should the ITC find that there is material injury or likelihood of material
injury to an industry in the United States, the Department will
instruct the Customs Service to assess countervailing duties of 18 lire per
kilogram on all unliquidated entries of steel units for electrical transmission towers
entered, or withdrawn from warehouse, for consumption on or after April 3, 1980,
and exported on or before December 31, 1980. 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.
Further, as required by section 751(a)(1) of the Tariff Act, the Customs Service shall
collect a cash deposit of estimated countervailing duties of 18 lire per
kilogram on all shipments entered, or withdrawn from warehouse, for consumption
on or after the date of publication of these final results.
This deposit requirement will remain in effect until publication of the final results of
the next administrative review. The Department intends to conduct the next review
by the end of May, 1982.
This administrative review and notice are in accordance with section 751(a)(1)
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of the Tariff Act (19 U.S.C. 1675(a)(1)) and § 355.41 of the Commerce Regulations
(19 CFR 355.41).
Gary N. Horlick,
Deputy Assistant Secretary for Import Administration.
August 6, 1981.
[FR Doc. 81-23366 Filed 8-10-81; 8:45 am]
BILLING CODE 3510-25-M