# Viscose Rayon Staple Fiber From Sweden; Final Results of Countervailing Duty Administrative Review > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-16105 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 17, 1998 - **Citation:** 63 FR 33053 ## Text 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. ----------------------------------------------------------------------- SUMMARY: On February 9, 1998, the Department of Commerce 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, 1996 through December 31, 1996 (63 FR 6534). 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: June 17, 1998. FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Eric Greynolds, 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 C.F.R. 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, 1996 through December 31, 1996, and six programs. We published the preliminary results on February 9, 1998 (63 FR 6534). We invited interested parties to comment on the preliminary results. We received no comments from any of the parties. Applicable Statute and Regulations 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)(1)(A) of the Act. In addition, unless otherwise indicated, all citations to the Department's regulations are to 19 C.F.R. part 355 (1997). Scope of the Review Imports covered by this review are shipments 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. Program Found to Confer Subsidies Recruitment Subsidy Program In the preliminary results, based on facts available, we found that this program conferred countervailable subsidies on the subject merchandise. 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. Accordingly, the net subsidy for this program of 0.06 percent ad valorem remains unchanged from the preliminary results. 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. Grants for Temporary Employment for Public Works B. Regional Development Grant C. Transportation Grants D. 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. Program Found to be Terminated In the preliminary results, we found the following program to be terminated and that no residual benefits were being provided: A. Manpower Reduction Grants 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 In accordance with 19 C.F.R. 355.22(c)(4)(ii), we calculated an individual subsidy rate for each producer/exporter subject to this administrative review. For the period January 1, 1996 through December 31, 1996, we determined the net subsidy for Svenska to be 0.06 percent ad valorem. As provided for in the Act, any rate less than 0.5 percent ad valorem in an administrative review is de minimis. See section 703(b)(4)(A) of the Act. Accordingly, 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, 1996, and on or before December 31, 1996. 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 (see section 777A(e) of the Act), 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 19 C.F.R. 355.22(a). Pursuant to 19 C.F.R. 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 C.F.R. 353.22(e), the antidumping regulation on automatic assessment, which is virtually identical to 19 C.F.R. 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. [[Page 33054]] 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 will be the rate for that company established in the most recently completed administrative proceeding conducted under the URAA. If such a review has not been conducted, the rate established in the most recently completed administrative proceeding pursuant to the statutory provisions that were in effect prior to the URAA amendments is applicable. These rates shall apply to all non-reviewed companies until a review of a company assigned these rates is requested. In addition, for the period January 1, 1996 through December 31, 1996, 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 C.F.R. 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 is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act (19 U.S.C. 1675(a)(1) and 19 U.S.C. 1677 f (i)). Dated: June 8, 1998. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 98-16105 Filed 6-16-98; 8:45 am] BILLING CODE 3510-DS-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-16105. Public record. Not legal advice.