NOTICES DEPARTMENT OF COMMERCE International Trade Administration [C-565-001] Canned Tuna Form the Philippines; Preliminary Results of Administrative Review of Countervailing Duty Order Friday, March 8, 1985 *9474 AGENCY: International Trade Administration, Import Administration, 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 canned tuna from the Philippines. The review covers the period August 1, 1983, through December 31, 1983, and 22 programs. As a result of the review, the Department has preliminarily determined the total bounty or grant for the period to be 0.25 percent ad valorem. Interested parties are invited to comment on these preliminary results. EFFECTIVE DATE: March 8, 1985. FOR FURTHER INFORMATION CONTACT: Peggy Clarke or Richard Moreland, Office of Compliance, International Trade Administration, U.S. Department of Commerce, Washington, D.C. 20230; telephone: (202) 377-2786. SUPPLEMENTARY INFORMATION: Background On October 31, 1983, the Department of Commerce ("the Department") published in the Federal Register (48 FR 50134) a countervailing duty order on canned tuna from the Philippines and announced its intent to conduct an administrative review of the order. As required by section 751(a)(1) of the Tariff Act of 1930 ("the Tariff Act"), the Department has now conducted that administrative review. Scope of Review Imports coverd by the review are shipments of Philippine tuna packed and preserved in any manner, not in oil, in airtight containers. Such merchandise is currently classifiable under items 112.3020, 112.3040, and 112.3400 of the Tariff Schedules of the United State Annotated. The review covers the period August 1, 1983, through December 31, 1983, and 22 programs: (1) An exemption from import taxes (Article 48 (f) of the Omnibus Investment Code); (2) an income tax deduction for labor and raw materials (Article 48(b) of the Code); (3) a tax credit for indirect taxes (Article 48(a) of the Code); (4) export packing credits; (5) an income tax deduction for overseas offices (Article 49(f)); (6) an income tax deduction for new brand names (Articles 48(e) and 49(g)); (7) an income tax deduction for export traders (Article 49(d)); (8) an income tax deduction for financial assistance (Article 49(e)); (9) government bank loans (Article 51); (10) private bank loans (Article 52); (11) equity investment by insurance companies (Article 52); (12) employee equity investment (Article 53); (13) a tax credit for net local content; (14) a tax credit for net local value; (15) preferential loan guarantees; (16) government equity investment; (17) foreign equity investment; (18) various financial services by the Export Credit Insurance and Guarantee Corporation; (19) various financial and marketing assistance by the Institute for Export Development; (20) an offsetting export tax; (21) preferential access to foreign exchange; and (22) World Bank import funding. Analysis of Programs (1) Exemption From Import Taxes (Article 48(f)) In 1982, the Philippine government combined most of its existing incentive programs into the Omnibus Investments Code ("the Code"). To be eligible for benefits under the Code, a firm must register with the Board of Investments ("the Board"), which administers the Code. Seven of the eight tuna companies reviewed are registered with the Board. Article 48(f) of the Code allows only exporters to receive 100 percent exemptions from import taxes when importing capital equipment and spare parts for seven years following the firm's registration with the Board. Three of the firms took the exemptions during the review period. All registered firms are also eligible for 50 percent exemptions of the same taxes under Article 45(d) of the Code. The Department determined during its investigation on this merchandise that Article 45 was generally available and therefore not a countervailable subsidy. To find the benefit under Article 48(f), we calculated the difference between exemptions received and exemptions that could be received under Article 45(d) and then divided by the firm's overall exports for 1983. We then weight-averaged the benefits by each firm's share to total exports to the U.S. and preliminarily find the benefit from this program to be 0.04 percent ad valorem. (2) Income Tax Deduction for labor and Raw Materials (Article 48 (b)) Article 48(b) of the Code allows a Philippine-owned and registered exporter an income tax deduction for direct labor and local raw materials costs for five years following registration. One firm used this program during the review period. To calculate the benefit, we multiplied the amount of the deduction from taxable income by the corporate tax rate and divided the result by the firm's total exports for 1983. We then weight-averaged the benefit by the firm's share of total exports to the U.S., and preliminarily determine the benefit from this program to be 0.05 percent and valorem. (3) Tax Credit for Indirect Taxes (Article 48(a)) Article 48(a) of the Code allows registered export producers to receive tax credits equal to the sales, specific taxes, and import taxes paid on the supplies, raw material and semi-manufactured products used in production. The Tariff Act and the Commerce Regulations allow the rebate of only the following: (1) Indirect taxes borne by inputs that are physically incorporated in the exported product (see Annex 1.1 of part 355 of the Commerce Regulations) and (2) indirect taxes levied at the final stage (see Annex 1.2 of part 355 of the Commerce Regulations). *9475 We found that two firms did use these tax credits during the review period. However, during verification, we found that their credits were based on the import duties paid on imported packing materials, i.e., physically incorporated goods. We preliminarily determine that the tax credits used by the two firms meet the first criterion, and were equal to the import duties paid. Therefore they provide no countervailable benefit duirng the review period. (4) Export Packing Credits The Philippine Central Bank offers a rediscounting program through the commercial banks. Upon receipt of a letter of credit from a foreign purchaser, an exporter may negotiate an "export packing credit," a pre-export loan, with a commercial bank based on the letter of credit. The commercial bank may then rediscount the packing credit with the Central Bank. Until November 18, 1983, Central Bank Circular 784 set the maximum interest rate the banks could charge under the program to "non-traditional" exporters (canned tuna exporters are included in this category) at 12 percent. Under the same circular, the Central Bank charged the commercial banks 3 percent for the rediscounting. On November 18, 1983, Circular 981 changed the maximum rate of 12 percent to the 90-day Manila Reference Rate minus two points, and for the rediscounting to 7 percent. If the commercial banks do not rediscount the loans, they may charge a commercial rate of interest on the loans. We based our calculations on the actual interest paid rather than the maximum rates. For our benchmark interest rate, we took the weighted average interest rates for secured loans of one year or less in duration as found in the annual report of the Central Bank. To find the benefit for each loan, we took the difference between the actual interest paid and the interest the firm would have paid using our benchmark interest rate. We totaled the difference for each firm's loans and divided by that firm's exports during the review period. We then weight-averaged the benefit by the firm's share of total exports to the U.S. and preliminarily find the total benefit under this program to be 0.16 percent ad valorem. (5) Other Programs We also examined the following programs and preliminarily find that exporters of canned tuna did not use them during the review period. A. Income tax deduction for overseas offices (Article 49(f) of the Ominbus Investments Code); B. Income tax deduction for new brands names (Articles 48(e) & 49 (g)); C. Income tax deduction for export traders (Article 49(d)); D. Income tax deduction for financial assistance (Article 49(e)); E. Government bank loans (Article 51); F. Private Bank loans (Article 52); G. Equity investment by insurance companies (Article 52); H. Employee equity investment (Article 53); I. Tax credits for net local content; J. Tax credits for net local value; K. Preferential loan guarantees; L. Government equity investment; M. Foreign equity investment; N. Various financial services by the Export Credit Insurance and Guarantee Corp.; O. Various financial and marketing assistance by the Institute for Export Development; P. Offsetting export tax; Q. Preferential access to foreign exchange; and R. World Bank import funding Preliminary Results of Review As a result of our review, we preliminarily determine the total bounty or grant to be 0.25 percent ad valorem for the period of review. The Department considers any rate less than 0.50 percent ad valorem to be de minimis. Section 707 of the Tariff Act provides that the difference between the deposit of estimated countervailing duties and the final calculation of the duty under a countervailing duty order shall be disregarded to the extent that the estimated duty is less than the final duty, and refunded to the extent that the estimated duty is higher than the final duty, for merchandise entered, or withdrawn from warehouse, for consumption before (for non-signatories) the date of the countervailing duty order. The Department therefore intends to instruct the Customs Service not to assess countervailing duties for shipments of the merchandise entered, or withdrawn from warehouse, for consumption on or after August 16, 1983, the date of the preliminary affirmative determination (48 FR 37051), and before October 31, 1983 (the date of the order), or entered, or withdrawn from warehouse, for consumption on or after October 31, 1983, and exported on or before December 31, 1983. The Department intends to instruct the Customs Service to waive deposits of estimated countervailing duties, as provided by section 751(a)(1) of the Tariff Act, on all shipments of the merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. This deposit waiver shall remain in effect until publication of the final results of the next administrative review. Interested parties may submit written comments on these preliminary results within 30 days of the date of publication of this notice and may request disclosure and/or a hearing within 10 days of the date of publication. Any hearing, if requested, will be held 45 days after the date of publication or the first workday thereafter. Any request for an administrative protective order must be made no later than five days after the date of publication. The Department will publish the final results of this administrative review including the results of its analysis of issues raised in such written comments 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 section 355.41 of the Commerce Regulations (19 CFR 355.41). Dated: March 4, 1985. Alan F. Holmer, Deputy Assistant Secretary, Import Administration. [FR Doc. 85-5609 Filed 3-7-85; 8:45 am] BILLING CODE 3510-DS-M