NOTICES
DEPARTMENT OF COMMERCE
International Trade Administration
[C-357-004]
Carbon Steel Wire Rod from Argentina; Final Results of Countervailing Duty
Administrative Review
Wednesday, August 14, 1991
*40309
AGENCY: International Trade Administration, Import Administration,
Department of Commerce.
ACTION: Notice of final results of countervailing duty administrative review.
SUMMARY: On June 7, 1991, the Department of Commerce published a notice of
preliminary results of countervailing duty administrative review on carbon steel wire
rod from Argentina. We have now completed that review and determine that the
Government of Argentina and the exporter of carbon steel wire rod have complied with
the terms of the suspension agreement during the period January 1, 1989 through
December 31, 1989.
EFFECTIVE DATE: August 14, 1991.
FOR FURTHER INFORMATION CONTACT:Robert Bolling or Barbara Male>=1s, Office of
Agreements Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue,
NW., Washington, DC 20230; telephone (202) 377-3793 or telefax (202) 377-1388.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 1991, the Department of Commerce ("the Department") published in the
Federal Register (56 FR 26387) the preliminary results of its administrative review of the
agreement suspending the countervailing duty investigation on carbon steel wire rod
from Argentina (51 FR 44649; December 11, 1986). We have now completed that
administrative review in accordance with section 751 of the Tariff Act of 1930, as
amended ("the Tariff Act").
Scope of the Review
Imports covered by this review are shipments of carbon steel wire rod from Argentina.
During the period of review, such merchandise was classifiable under items 7213.20.00,
7213.31.30, 7213.39.00, 7213.41.30, 7213.49.00, and 7213.50.00, of the Harmonized
Tariff Schedule ("HTS"). The HTS item numbers are provided for convenience and Customs
purposes. The written description remains dispositive.
The review covers the period January 1, 1989 through December 31, 1989 and three
programs: (1) The "Reembolso;" (2) Pre-Export Financing; and (3) Post- Export Financing.
This review covers Acindar Industria Argentina de Aceros S.A. ("Acindar"), the only
known exporter of carbon steel wire rod from Argentina to the United States during the
review period.
Analysis of Comments Received
We gave interested parties an opportunity to comment on the preliminary results. We
received written comments from respondent and petitioners (Atlantic Steel Co.,
Bethlehem Steel Corp., Georgetown Steel Corp., North Star Steel Texas, Inc., and Raritan
River Steel Company), respectively.
COMMENT: Acindar requests that the Department confirm the claim made by the
company during verification that, even if Acindar had received the maximum rate of
indirect tax rebate payable under the "reembolso" program, such rate still would not have
been excessive compared to the actual amount of indirect taxes paid by Acindar and,
therefore, would not have conferred a countervailable benefit.
Petitioners contend that the Department should reject Acindar's request in view of the
basic legal principle that administrative bodies must limit their decisions solely to the
issues before them and not reach unnecessary conclusions.
Department's Position. We agree with petitioners. Acindar did not request prior to
verification that the Department re-examine the issue of what rate of indirect tax rebate
("reembolso") is allowable under the terms of the suspension agreement. Therefore, our
purpose at verification was limited to ascertaining that the "reembolso" was not excessive.
As stated in our preliminary determination, we verified that the rate of "reembolso"
received by Acindar on wire rod was, in fact, not excessive. Since we found both Acindar
and the Government of Argentina to be adhering to the terms of the agreement, any
further investigation of this issue would have exceeded the scope of this review. We also
agree with petitioners that we cannot make decisions on issues that have not been
examined.
Final Results of Review
After considering the comments received, we have determined that the Government of
Argentina and the exporter of carbon steel wire rod have complied with the terms of the
suspension agreement during the period January 1, 1989 through December 31, 1989.
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 § 355.22 of Commerce regulations (19 CFR 355.22).
Dated: August 8, 1991.
Eric I. Garfinkel,
Assistant Secretary for Import Administration.
[FR Doc. 91-19357 Filed 8-13-91; 8:45 am]
BILLING CODE 3510-DS-M