Roses and Other Fresh Cut Flowers and Miniature Carnations From Colombia

DEPARTMENT OF COMMERCE

[C- 301-003, C-301-601]

Roses and Other Fresh Cut Flowers and Miniature Carnations From

Colombia

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Amended final results of reviews pursuant to court remand:

Asociacion Colombiana de Exportadores de Flores and its members

(``ASOCOLFLORES'') and the Government of Colombia (``GOC'') v. The

United States: USA-96-04-01072.

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SUMMARY: On March 8, 1996, the Department of Commerce (``the

Department'') published the final results of its administrative reviews

of the countervailing duty suspension agreements on certain roses and

other fresh cut flowers and miniature carnations from Colombia. The

reviews covered over 800 Colombian producers/exporters of roses, over

100 Colombian producers/exporters of miniature carnations and the GOC

for the period covering January 1, 1993 through December 31, 1993. In

order to remove inadvertently-included language, we are amending the

final results.

EFFECTIVE DATE: August 28, 1996.

FOR FURTHER INFORMATION CONTACT: N. Gerard Zapiain at (202) 482-1090 or

Jean Kemp at (202) 482-4037 at Antidumping/Countervailing Enforcement,

International Trade Administration, U.S. Department of Commerce,

Washington, D.C. 20230.

Background

On June 14, 1996, the Court of International Trade (``CIT'') issued

an order remanding to the Department the final results of the

Department's reviews of the countervailing duty (``CVD'') suspension

agreements on miniature carnations and roses and other cut flowers (See

61 Fed. Reg. 9429 (March 8, 1996)). The reviews covered the period

January 1, 1993 through December 31, 1993. In its order, the Court

granted the defendant's consent motion and ordered: (1) that the

Department correct inadvertently-included language in the final results

of the administrative reviews; (2) that the remand results be filed

with the Court on or before 30 days from the date of the order; and (3)

that the administrative record be filed with the Court, if necessary,

on or before 70 days from the date of the order. In the final results

of the reviews covering the 1993 period, the Department stated that the

GOC and Colombian producers/exporters of the subject merchandise were

to complete ``repayment and/or refinancing for any outstanding peso-

and dollar-denominated loans to meet the new short- and long-term

benchmarks [within] 90 days'' of the publication of the final results

in the Federal Register (61 Fed. Reg. at 9434). The Department found in

its 1993 final results that all peso-denominated loans given under the

programs covered by the suspension agreements had been issued in

compliance with the suspension agreements, in accordance with pre-

existing benchmarks set by the Department. There is no requirement in

the suspension agreements for respondents to refinance loans that the

Department has found, in previous review periods, to be in compliance

with the benchmarks in effect at the time of issuance of the loans.

Therefore, the Department requested a remand to correct the 1993 final

results of the reviews for the limited purpose of removing the

requirement to refinance loans that were issued at rates in compliance

with Department-set benchmarks.

On July 15, 1996, the Department reconsidered the final results of

the reviews in light of the Court's order and determined that it

contained improper language. The Department concluded that it cannot

compel respondents to comply with conditions not required in the

suspension agreements. On July 26, 1996, the CIT affirmed the

Department's redetermination. We rescind the requirement that

producers/exporters of subject merchandise refinance peso-denominated

loans granted in accordance with pre-existing benchmarks.

These amended final results of the reviews are published in

accordance with section 751 of the Tariff Act of 1930 as amended and 19

CFR 353.28(c).

Dated: August 22, 1996.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 96-21968 Filed 8-27-96; 8:45 am]

BILLING CODE 3510-DS-P