NOTICES
DEPARTMENT OF COMMERCE
[C-614-504]
Carbon Steel Wire Rod From New Zealand; Preliminary Results of Countervailing
Duty Administrative Review
Friday, July 19, 1991
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
ACTION: Notice of preliminary results of countervailing duty administrative review.
SUMMARY: The Department of Commerce has conducted an administrative review of the
countervailing duty order on carbon steel wire rod from New Zealand for the period
October 1, 1987 through September 30, 1988. We preliminarily determine that there
were no shipments of the subject merchandise to the United States during the review
period. Therefore, the rate of cash deposit of estimated countervailing duties will
remain at zero, the rate established in the last administrative review. We invite interested
parties to comment on these preliminary results.
EFFECTIVE DATE: July 19, 1991.
FOR FURTHER INFORMATION CONTACT: Al Jemmott or Paul McGarr, Office of
Countervailing Compliance, International Trade Administration, U.S. Department
of Commerce, Washington, DC 20230; telephone: (202) 377-2786.
SUPPLEMENTARY INFORMATION:
Background
On February 28, 1989, the Department of Commerce (the Department) published in the
Federal Register a notice of "Opportunity to Request Administrative Review" (54 FR
8372) of the countervailing duty order on carbon steel wire rod from New Zealand
(51 FR 7971; March 7, 1986). On March 20, 1989, respodnent, Pacific Steel Ltd.,
requested an administrative review of the order. We initiated the review, covering the
period October 1, 1987 through September 30, 1988, on April 28, 1989 (54 FR 18320).
The Department has now conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Tariff Act). We published the final results of the last
administrataive review on June 25, 1991 (56 FR 28863).
Scope of Review
Imports covered by the review are shipments from New Zealand of coiled, semi-
finished, hot-rolled carbon steel wire rod of approximately round solid cross- section,
not under 0.20 inch nor over 0.74 inch in diameter, tempered or not tempered, treated
or not treated, not manufactured or partly manufactured, and valued over or under 4
cents per pound. During the review period, such merchandise was classifiable under
items 607.1400, 607.1710, 607.1720, 607.1730, 607.2200 and 607.2300 of the Tariff
Schedules of the United States Annotated (TSUSA). This merchandise is currently
classifiable under items 7213.31.30, 7213.31.60, 7213.39.00, 7213.41.30, 7213.41.60,
7213.49.00 and 7213.50.00 of the Harmonized Tariff Schedule (HTS). The TSUSA and
HTS item numbers are provided for convenience and Customs purposes. The written
description remains dispositive.
The review covers the period October 1, 1987 through September 30, 1988, and Pacific
Steel Ltd. (PSL), the one known manufacturer/exporter of the merchandise subject to the
countervailing duty order.
The Government of New Zealand reported that there were no shipments, and U.S.
import statistics (IM-146) confirm that there were no known unliquidated entries of the
subject merchandise into the United States during the review period by exporters of
*33254
carbon steel wire rod from New Zeland subject to the countervailing duty
order.
Analysis of Programs
Section 751(a) of the Tariff Act authorizes the Department, in the absence of any entries,
shipments, or exports of the subject merchandise, to conduct an administrative review of
an outstanding countervailing duty order in order to adjust the cash deposit rate
when a foreign government has instituted a program-wide change (e.g., elimination or
creation of a subsidy program). Final Results of Countervailing Duty Administrative
Review: Carbon Steel Wire Rod From New Zealand, (56 FR 28,863 (1991)). The
Government of New Zealand (GNZ) instituted such a program-wide change by
terminating, effective April 1, 1990, the Export Market Development Taxation Incentive
(EMDTI) program--a tax- credit program found by the Department to confer
countervailable benefits during the period of investigation in this proceeding. Therefore,
for purposes of cash deposits of estimated countervailing duties, we preliminarily
determine the benefit from this program to be zero for all firms.
However, because the cash deposit rate established in the last administrative review is
already zero, further adjustments to the cash deposit rate to account for the elimination
of the EMDTI program is unnecessary.
Preliminary Results of Review
As a result of our review, we preliminarily determine that there were no shipments of the
subject merchandise to the United States during the review period. Furthermore, we
preliminarily determine the total bounty or grant to be zero for purposes of the cash
deposit of estimated countervailing duties.
Therefore, as provided for by section 751(a)(1) of the Tariff Act, the Department intends
to instruct the Customs Service to waive cash deposits of estimated countervailing
duties on shipments of this merchandise entered, or withdrawn from 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 calculations 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 of case briefs. Any hearing, if requested, will be held 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 19 CFR 355.38(c), are due.
The Department will publish the final results of 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
Tariff Act (19 U.S.C. 1675 (a) (1)) and 19 CFR 355.22.
Dated: July 12, 1991.
Eric I. Garfinkel,
Assistant Secretary for Import Administration.
[FR Doc. 91-17256 Filed 7-18-91; 8:45 am]
BILLING CODE 3510-DS-M