Ferrochrome From South Africa; Final Results of Countervailing Duty Administrative Review

DEPARTMENT OF COMMERCE

[C-791-001]

Ferrochrome From South Africa; Final Results of Countervailing

Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of countervailing duty administrative

review.

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SUMMARY: On May 1, 1996, the Department of Commerce (the Department)

published in the Federal Register its preliminary results of

administrative review of the countervailing duty order on ferrochrome

from South Africa for the period January 1, 1994 through December 31,

1994 (61 FR 19259). The Department has now completed this

administrative review in accordance with section 751(a) of the Tariff

Act of 1930, as amended by the Uruguay Round Agreements Act (URAA) (the

Act). For information on the net subsidy for each reviewed company, and

for all non-reviewed companies, please see the Final Results of Review

section of this notice. We will instruct the U.S. Customs Service to

assess countervailing duties as detailed in the

[[Page 39440]]

Final Results of Review section of this notice.

EFFECTIVE DATE: July 29, 1996.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Melanie Brown,

Office of CVD/AD Enforcement, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)

482-2786.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to section 355.22(a) of the Department's Interim

Regulations, this review covers only those producers or exporters of

the subject merchandise for which a review was specifically requested.

See Antidumping and Countervailing Duties: Interim regulations; request

for comments, 60 FR 25130, 25139 (May 11, 1995). Accordingly, this

review covers Chrome Resources (Pty) Ltd., Consolidated Metallurgical

Industries Limited, Feralloys Limited, and Samancor, Limited. This

review also covers seven programs.

Because this countervailing duty order was revoked effective

January 1, 1995, pursuant to section 753 of the Act, (60 FR 40568

(August 9, 1995)), the Department conducted this administrative review

to determine the appropriate assessment rate for entries made during

the last review period prior to revocation (January 1, 1994 through

December 31, 1994). We published the preliminary results of this review

on May 1, 1996 (61 FR 19259). We invited interested parties to comment

on the preliminary results. We received no comments from any of the

parties.

Scope of the Review

Imports covered by this review are ferrochrome from South Africa,

which is currently classifiable under items 7202.41.00, 7202.49.10, and

7202.49.50 of the Harmonized Tariff Schedule (HTS). The HTS item

numbers are provided for convenience and Customs purposes. The written

description remains dispositive.

Analysis of Programs

Based upon the responses to our questionnaire, we determine the

following:

I. Program Conferring Subsidies

Regional Industrial Development Incentives

In the preliminary results, we found that Regional Industrial

Development Incentives conferred countervailable benefits on the

subject merchandise. Because no interested parties submitted written

comments, we have not changed our finding from the preliminary results.

II. Programs Found to be Not Used

In the preliminary results, we found that the producers and/or

exporters of the subject merchandise did not apply for or receive

benefits under the following programs:

A. Export Incentive Program

B. General Export Incentive Scheme

C. Industrial Development Corporation Loans

D. Preferential Rail Rates

E. Beneficiation Allowance/Electricity Rebate

F. Government Loan Guarantees

Because no interested parties submitted written comments, we have not

changed our findings from the preliminary results.

Final Results of Review

In accordance with section 355.22(c)(4)(ii) of the Department's

Interim Regulations, we calculated an individual subsidy rate for each

producer/exporter subject to this administrative review. For the period

January 1, 1994 through December 31, 1994, we determine the net

subsidies to be as follows:

------------------------------------------------------------------------

Net

subsidy

Net subsidies--producer/exporter rate

(percent)

------------------------------------------------------------------------

Chrome Resources (Pty) Ltd................................... 00.20

Consolidated Metallurgical Industries Limited................ 00.00

Feralloys Limited............................................ 00.00

Samancor, Limited............................................ 00.001

------------------------------------------------------------------------

As provided for in the Act, any rate less than 0.5 percent ad

valorem in an administrative review is de minimis. Accordingly, the

Department intends to instruct Customs to liquidate, without regard to

countervailing duties, shipments of the subject merchandise from Chrome

Resources (Pty) Ltd., Consolidated Metallurgical Industries Limited,

Feralloys Limited, and Samancor, Limited, exported on or after January

1, 1994, and on or before December 31, 1994.

Because the URAA replaced the general rule in favor of a country-

wide rate with a general rule in favor of individual rates for

investigated and reviewed companies, the procedures for establishing

countervailing duty rates, including those for non-reviewed companies,

are now essentially the same as those in antidumping cases, except as

provided for in section 777A(e)(2)(B) of the Act. The requested review

will normally cover only those companies specifically named. See

section 355.22(a) of the Interim Regulations. Pursuant to 19 CFR

Sec. 355.22(g), for all companies for which a review was not requested,

duties must be assessed at the cash deposit rate previously ordered.

Accordingly, we will instruct Customs to liquidate at the cash deposit

rate in effect at the time of entry all entries of subject merchandise

from non-reviewed companies.

This countervailing duty order was subject to section 753 of the

Act. See Countervailing Duty Order; Opportunity to Request a Section

753 Injury Investigation, 60 FR 27693 (May 26, 1995). Because no

domestic interested party exercised their right under section 753 (a)

of the Act to request an injury investigation, the International Trade

Commission made a negative injury determination with respect to this

order, pursuant to section 753(b)(4) of the Act. As a result, the

Department revoked this countervailing duty order, effective January 1,

1995, pursuant to section 753(b)(3)(B) of the Act. Revocation of

Countervailing Duty Orders, 60 FR 40568 (August 9, 1995). Accordingly,

the Department will not issue further instructions with respect to cash

deposits of estimated countervailing duties.

This notice serves as a reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR Sec. 355.34(d). Timely written

notification of return/destruction of APO materials or conversion to

judicial protective order is hereby requested. Failure to comply with

the regulations and the terms of an APO is a sanctionable violation.

This administrative review and notice are in accordance with

section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)).

Dated: July 22, 1996.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 96-19213 Filed 7-26-96; 8:45 am]

BILLING CODE 3510-DS-P