Viscose Rayon Staple Fiber From Sweden; Final Results of Countervailing Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[C-401-056]

Viscose Rayon Staple Fiber From Sweden; 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 June 6, 1997, the Department of Commerce (``the

Department'') published in the Federal Register its preliminary results

of administrative review of the countervailing duty order on viscose

rayon staple fiber from Sweden for the period January 1, 1995 through

December 31, 1995 (62 FR 31079). The Department has now completed this

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

Act of 1930, as amended. 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

Final Results of Review section of this notice.

EFFECTIVE DATE: October 2, 1997.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Russell Morris,

Office of CVD/AD Enforcement VI, 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 19 CFR 355.22(a), this review covers only those

producers or exporters of the subject merchandise for which a review

was specifically requested. Accordingly, this review covers Svenska

Rayon AB (Svenska). This review also covers the period January 1, 1995

through December 31, 1995, and ten programs.

[[Page 51636]]

We published the preliminary results on June 6, 1997 (62 FR 31079).

We invited interested parties to comment on the preliminary results. We

received no comments from any of the parties.

Applicable Statute

Unless otherwise indicated, all citations to the statute are

references to the provisions of the Tariff Act of 1930, as amended by

the Uruguay Round Agreements Act (URAA) effective January 1, 1995 (the

Act). The Department is conducting this administrative review in

accordance with section 751(a) of the Act.

Scope of the Review

Imports covered by this review are shipments from Sweden of regular

viscose rayon staple fiber from Sweden of regular viscose rayon staple

fiber and high-wet modulus (modal) viscose rayon staple fiber. Such

merchandise is classifiable under item number 5504.10.00 of the

Harmonized Tariff Schedule (HTS). The HTS item is 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. Programs Found Not To Confer Subsidies

A. Investment Grants from the Working Life Fund

B. Recruitment Incentive Program

C. Trainee Temporary Replacement

D. Recruitment Subsidy Program

In the preliminary results, we found that these programs did not

confer countervailable subsidies on the subject merchandise. We did not

receive any comments on these programs from the interested parties, and

our review of the record has not led us to change our findings from the

preliminary results. We will examine the Recruitment Subsidy Program in

any future administrative reviews of this order because we did not make

a specificity determination in this review since, even if the program

were found to be specific, the subsidy rate would be so small that it

would not change the overall subsidy rate of Svenska.

II. Programs Found To Be Not Used

In the preliminary results, we found that Svenska did not apply for

or receive benefits under the following programs:

A. Manpower Reduction Grants

B. Grants for Temporary Employment for Public Works

C. Regional Development Grant

D. Transportation Grants

E. Location-of-Industry Loans

We did not receive any comments on these programs from the

interested parties, and our review of the record has not led us to

change our findings from the preliminary results.

III. Programs Found To Be Terminated

In the preliminary results, we found the following program to be

terminated and that no residual benefits were being provided:

Elderly Employment Compensation Program

We did not receive any comments on this program from the interested

parties, and our review of the record has not led us to change our

findings from the preliminary results.

Final Results of Review

For the reasons discussed in the preliminary determination, we

determine that no countervailable subsidies were conferred on Svenska

for the period January 1, 1995 through December 31, 1995. We will

instruct the U.S. Customs Service (``Customs'') to liquidate without

regard to countervailing duties, all shipments of this merchandise

exported on or after January 1, 1995, and on or before December 31,

1995. The Department will also instruct Customs to collect a cash

deposit of estimated countervailing duties of zero percent ad valorem,

as provided for by section 751(a) of the Act, on all shipments of this

merchandise from Svenska, entered, or withdrawn from warehouse, for

consumption on or after the date of publication of the final results of

this review.

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 Sec. 777A(e)(2)(B) of the Act. The requested review

will normally cover only those companies specifically named. See 19 CFR

Sec. 355.22(a) (1997). 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, and cash deposits must continue to be

collected at the rate previously ordered. As such, the countervailing

duty cash deposit rate applicable to a company can no longer change,

except pursuant to a review of that company. See Federal-Mogul

Corporation and The Torrington Company v. United States, 822 F.Supp.

782 (CIT 1993) and Floral Trade Council v. United States, 822 F.Supp.

766 (CIT 1993) (interpreting 19 CFR Sec. 353.22(e), the antidumping

regulation on automatic assessment, which is virtually identical to 19

CFR Sec. 355.22(g)). Therefore, the cash deposit rates for all

companies except those covered by this review will be unchanged by the

results of this review.

We will instruct Customs to continue to collect cash deposits for

non-reviewed companies at the most recent company-specific or country-

wide rate applicable to the company. Accordingly, the cash deposit

rates that will be applied to non-reviewed companies covered by this

order are those established in the most recently completed

administrative proceeding conducted pursuant to the statutory

provisions that were in effect prior to the URAA amendments. These

rates shall apply to all non-reviewed companies until a review of a

company assigned these rates is conducted. In addition, for the period

January 1, 1995 through December 31, 1995, the assessment rates

applicable to all non-reviewed companies covered by this order are the

cash deposit rates in effect at the time of entry.

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: September 25, 1997.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 97-26194 Filed 10-1-97; 8:45 am]

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