Liquidation of duties: Continued dumping and subsidy offset; distribution to affected domestic producers,

As Enacted ( Federal Register)

Cited authorities 1

Cited in

[Federal Register: August 3, 2001 (Volume 66, Number 150)]

[Notices]

[Page 40782-40800]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03au01-147]

DEPARTMENT OF THE TREASURY

Customs Service

Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Notice of intent to distribute offset.

SUMMARY: Pursuant to the Continued Dumping and Subsidy Offset Act of 2000, this document is Customs notice of intention to distribute assessed antidumping or countervailing duties that were collected in Fiscal Year 2001 in connection with antidumping duty orders or findings or countervailing duty orders. The document gives further notice of the proposed instructions for affected domestic producers to file written certifications to claim a distribution (known as a continued dumping and subsidy offset), which Customs originally published in a Notice of Proposed Rulemaking in the Federal Register (66 FR 33920) on June 26, 2001. The document also sets forth the list of individual antidumping duty orders or findings and countervailing duty orders, together with the affected domestic producers associated with each order or finding who are potentially eligible to receive a continued dumping and subsidy offset.

DATES: Written certifications to obtain a continued dumping and subsidy offset under a particular order or finding must be received by the later of October 2, 2001, or 10 days after the effective date of the final rule document that will be published in the Federal Register in relation to the proposed rule that was published at 66 FR 33920 on June 26, 2001. Notice announcing this specific alternative date for the receipt of certifications will be published in the Federal Register.

ADDRESSES: Written certifications should be addressed to: Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., 3rd Floor, Washington, D.C. 20229 (ATTN: Jeffrey J. Laxague).

FOR FURTHER INFORMATION CONTACT: Jeffrey J. Laxague, Office of Regulations and Rulings, (202-927-0505).

SUPPLEMENTARY INFORMATION:

Background

The Continued Dumping and Subsidy Offset Act of 2000 (``ACDSOA'') was enacted on October 28, 2000, as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (``Act''). The provisions of the CDSOA are contained in Title X (sections 1001-1003) of the Act.

The CDSOA, in section 1003 of the Act, amended Title VII of the Tariff Act of 1930, by adding a new section 754 (codified at 19 U.S.C. 1675c) in order to provide that assessed duties received pursuant to a countervailing duty order, an antidumping duty order, or an antidumping duty finding under the Antidumping Act of 1921, must be distributed to affected domestic producers for certain qualifying expenditures that these producers incur after the issuance of such an order or finding. The term ``affected domestic producer'' means any manufacturer, producer, farmer, rancher or worker representative (including associations of such persons) that--

(A) Was a petitioner or interested party in support of a petition with respect to which an antidumping order, a finding under the Antidumping Act of 1921, or a countervailing duty order has been entered, and

(B) Remains in operation.

The distribution that these parties may receive is known as the continued dumping and subsidy offset.

Customs published a Notice of Proposed Rulemaking in the Federal Register (66 FR 33920) on June 26, 2001, to implement the provisions of the CDSOA. Today's Federal Register notice, required by 19 U.S.C. 1675c(d)(2), is being issued before a final rule is adopted to provide sufficient opportunity for affected domestic producers to gather the information that might be needed to submit claims to receive distributions.

List of Orders or Findings and Affected Domestic Producers

It is the responsibility of the U.S. International Trade Commission (USITC) to ascertain and timely forward to Customs a list of the affected domestic producers that are potentially eligible to receive an offset in connection with an order or finding.

To this end, it is noted that the USITC has supplied Customs with the list of individual antidumping and countervailing duty cases, and the affected domestic producers associated with each case that are potentially eligible to receive an offset. This list appears at the end of this document.

Notice of Intent To Distribute Offset

As required by 19 U.S.C. 1675c(d)(2), this document announces Customs intention to distribute to affected domestic producers the assessed antidumping or countervailing duties that were received in Fiscal Year 2001 in connection with the antidumping duty orders or findings or countervailing duty orders that are listed in this document.

To obtain a distribution of the offset under a given order or finding, an affected domestic producer must submit a certification to Customs, indicating that the producer desires to receive a distribution. The specific instructions for filing a certification to claim a distribution, which Customs has proposed for public comment, are explained below.

Certifications; Submission and Content

To obtain a distribution of the offset under a given order or finding, each affected domestic producer must timely submit a certification, in triplicate, to the Assistant Commissioner, Office of Regulations and Rulings, Headquarters, containing the required information as to the eligibility of the producer to receive the requested distribution and the total amount of the distribution that the producer is claiming.

In this latter regard, it is noted that in the proposal to implement the CDSOA that Customs published, Customs particularly requested comments as to whether the name of the certifying producer and the total amount being certified for distribution should be considered information available for disclosure to the public. Domestic producers concerned about the possible public disclosure of this information

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may wish to withhold submission of their certifications until a final rule document is published and becomes effective in this matter.

It is also noted that in the proposed rulemaking to implement the CDSOA that Customs published, Customs did not prescribe specific procedures that a successor company must follow in order to file certifications on behalf of a listed company. Customs also did not prescribe specific procedures that an association must follow in order to file certifications on behalf of its member companies. Customs expects to set forth procedures for successor companies and associations in the final rule. Accordingly, successor companies and associations may wish to withhold submission of their certifications until a final rule document is published and becomes effective in this matter.

As successor companies as well as affected domestic producers who are concerned with the confidentiality of the information they submit to Customs may wish to wait for Customs decisions in the final rule before submitting certifications, Customs is providing a flexible due date for when certifications must be received.

Certifications to obtain a distribution of an offset must be received by the later of October 2, 2001, or 10 days after the effective date of the final rule document that will be published in the Federal Register in relation to the proposed rule that was published at 66 FR 33920 on June 26, 2001. Notice announcing this specific alternative date for the receipt of certifications will be published in the Federal Register. Customs anticipates that the subject final rule document will be issued in September 2001.

The certification must contain the following information:

The date of this Federal Register notice;
The Commerce case number;
The case name;
The name of the domestic producer;
Their address;
Their IRS number;
Their business type;
A contact person;
The total dollar amount claimed;
The dollar amount claimed by category, as described in the section entitled ``Amount Claimed for Distribution''
A statement of eligibility, as described in the section entitled ``Eligibility to Receive Distribution'';
A signature by a corporate officer.

The following provides additional information on meeting these requirements.

Identifying Information for Domestic Producer

The certification must include the following identifying information related to the domestic producer:

(1) The name of the domestic producer and any name qualifier, if applicable (for example, any other name under which the domestic producer does business or is also known);

(2) The address of the domestic producer (if a post office box, the secondary street address must also be included);

(3) The Internal Revenue Service (IRS) number (with suffix) of the domestic producer, employer identification number, or social security number, as applicable;

(4) The specific business organization of the domestic producer (corporation, partnership, sole proprietorship); and

(5) The name(s) of any individual(s) designated by the domestic producer as the contact person(s) concerning the certification, together with the phone number(s) and/or facsimile transmission number(s) and electronic mail (email) address(es) for the person(s).

Amount Claimed for Distribution

In calculating the amount of the distribution being claimed as an offset, the certification must enumerate the total amount of qualifying expenditures currently certified by the domestic producer, and the amount certified by category.

Qualifying expenditures which may be offset by a distribution of assessed antidumping and countervailing duties encompass those expenditures that are incurred after the issuance of an antidumping duty order or finding or a countervailing duty order, provided that such expenditures fall within any of the following categories: (1) Manufacturing facilities; (2) Equipment; (3) Research and development; (4) Personnel training; (5) Acquisition of technology; (6) Health care benefits for employees paid for by the employer; (7) Pension benefits for employees paid for by the employer; (8) Environmental equipment, training, or technology; (9) Acquisition of raw materials and other inputs; and (10) Working capital or other funds needed to maintain production.

Eligibility To Receive Distribution

As noted, the certification must contain a statement that the domestic producer desires to receive a distribution and is eligible to receive the distribution as an affected domestic producer. Further, the domestic producer must affirm that the net amount certified for distribution does not encompass any qualifying expenditures for which distribution has previously been made.

Moreover, as required by 19 U.S.C. 1675c(b)(1), the statement must include information as to whether the domestic producer remains in operation and continues to produce the product covered by the particular order or finding under which the distribution is sought. If a domestic producer is no longer in operation, or no longer produces the product covered by the order or finding, the producer would not be considered an affected domestic producer entitled to receive a distribution. In addition, as required by 19 U.S.C. 1675c(b)(5), the domestic producer must state whether it has been acquired by a company or business that is related to a company that opposed the antidumping or countervailing duty investigation that resulted in the order or finding under which the distribution is sought. If a domestic producer has been so acquired, the producer would again not be considered an affected domestic producer entitled to receive a distribution.

The certification must be executed and dated by a party legally authorized to bind the domestic producer and state that the information contained in the certification is true and accurate to the best of the certifier's knowledge and belief under penalty of law.

Review and Correction of Certification

A certification that is submitted in response to this notice of distribution may be reviewed before acceptance to ensure that all informational requirements are complied with and that any amounts set forth in the certification for current and prior qualifying expenditures, including the amount claimed for distribution, appear to be correct. A certification that is found to be incorrect or incomplete will be returned to the domestic producer. It is the sole responsibility of the domestic producer to ensure that the certification is correct, complete and satisfactory so as to demonstrate the entitlement of the domestic producer to the distribution requested. Failure to ensure that the certification is correct, complete and satisfactory will result in the domestic producer not receiving a distribution.

Verification of Certification

Customs reserves the right to determine whether certifications will be verified through audit or otherwise. Because certifications may be subject to verification, parties are required to maintain records supporting their

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claims for a period of three years after the filing of the certification.

List of Orders or Findings and Related Domestic Producers

The list of individual antidumping duty orders or findings and countervailing duty orders, together with the affected domestic producers associated with each order or finding that are potentially eligible to receive an offset, is as follows:

Petitioners/ Commerce No.

Commission case No.

Case name

supporters

A-588-028.......................... AA1921-111

Roller chain/ American Chain Japan.

Association. A-401-040.......................... AA1921-114

Stainless steel Jessop Steel. plate/Sweden. A-588-041.......................... AA1921-115

Synthetic

Monsanto. methionine/ Japan. A-588-046.......................... AA1921-129

Polychloroprene E.I. du Pont de rubber/Japan. Nemours. A-122-047.......................... AA1921-127

Elemental

Duval. sulphur/Canada. A-588-056.......................... AA1921-162

Melamine/Japan.. Melamine Chemical. A-475-059.......................... AA1921-167

Pressure-

Minnesota Mining & sensitive

Manufacturing plastic tape/ Italy. A-588-068.......................... AA1921-188

Prestressed American Spring Wire, concrete steel Armco Steel, wire strand/ Bethlehem Steel, Japan.

CF&I Steel, Florida Wire & Cable. No petition at the Commission; Commerce service list identifies: U.S. Beet Sugar Association, Florida Sugar Marketing and Terminal Association, American Sugar Cane League, American Sugarbeet Growers Association, Florida Sugar Cane League, Rio Grande Valley Sugar Growers Association, Michigan Sugar, Amstar Sugar. C-408-046.......................... 104-TAA-7

Sugar/EU........ Sugar Cane Growers Cooperative of Florida, Alexander & Baldwin, Michigan Farm Bureau, H&R Brokerage, Talisman Sugar, American Farm Bureau Federation, Leach Farms, A.J. Yates, Hawaiian Agricultural Research Center, United States Beet Sugar Association, United States Cane Sugar Refiners' Association. A-423-077.......................... AA1921-198

Sugar/Belgium... Florida Sugar Marketing and Terminal Association. A-427-078.......................... AA1921-199

Sugar/France.... Florida Sugar Marketing and Terminal Association. A-428-082.......................... AA1921-200

Sugar/Germany... Florida Sugar Marketing and Terminal Association. A-122-085.......................... 731-TA-3

Sugar and syrups/ Amstar Sugar. Canada. A-427-098.......................... 731-TA-25

Anhydrous sodium PQ. metasilicate/ France. A-427-001.......................... 731-TA-44

Sorbitol/France. Lonza Pfizer. A-570-007.......................... 731-TA-149

Barium chloride/ Chemical Products. China. A-570-101.......................... 731-TA-101

Greige polyester Alice Manufacturing, cotton

Clinton Mills, Dan printcloth/ River, Greenwood China.

Mills, Hamrick Mills, M. Lowenstein, Mayfair Mills, Mount Vernon Mills. C-357-004.......................... 701-TA-A

Carbon steel Atlantic Steel, wire rod/

Continental Steel, Argentina.

Georgetown Steel, North Star Steel, Raritan River Steel. A-357-007.......................... 731-TA-157

Carbon steel Atlantic Steel, wire rod/

Continental Steel, Argentina.

Georgetown Steel, North Star Steel, Raritan River Steel. A-469-007.......................... 731-TA-126

Potassium

Carus Chemical permanganate/ Spain. A-570-001.......................... 731-TA-125

Potassium

Carus Chemical permanganate/ China. A-570-002.......................... 731-TA-130

Chloropicrin/ LCP Chemicals & China.

Plastics Niklor Chemical. C-533-063.......................... 303-TA-13

Iron metal

Campbell Foundry, Le castings/India. Baron Foundry, Municipal Castings, Neenah Foundry, Pinkerton Foundry, U.S. Foundry & Manufacturing, Vulcan Foundry. A-122-503.......................... 731-TA-263

Iron

Alhambra Foundry, construction Allegheny Foundry, castings/Canada. Bingham & Taylor, Campbell Foundry, Charlotte Pipe & Foundry, Deeter Foundry, East Jordan Foundry, Le Baron Foundry, Municipal Castings, Neenah Foundry, Opelika Foundry, Pinkerton Foundry, Tyler Pipe, U.S. Foundry & Manufacturing, Vulcan Foundry. A-351-503.......................... 731-TA-262

Iron

Alhambra Foundry, construction Allegheny Foundry, castings/Brazil. Bingham & Taylor, Campbell Foundry, Charlotte Pipe & Foundry, Deeter Foundry, East Jordan Foundry, Le Baron Foundry, Municipal Castings, Neenah Foundry, Opelika Foundry, Pinkerton Foundry, Tyler Pipe, U.S. Foundry & Manufacturing, Vulcan Foundry.

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A-570-502.......................... 731-TA-265

Iron

Alhambra Foundry, construction Allegheny Foundry, casting/China. Bingham & Taylor, Campbell Foundry, Charlotte Pipe & Foundry, Deeter Foundry, East Jordan Foundry, Le Baron Foundry, Municipal Castings, Neenah Foundry, Opelika Foundry, Pinkerton Foundry, Tyler Pipe, U.S. Foundry & Manufacturing, Vulcan Foundry. C-351-504.......................... 701-TA-249

Heavy iron

Frozen

Florida Citrus concentrated Mutual. orange juice/ Brazil. A-570-825.......................... 731-TA-653

Sebacic acid/ Union Camp. China. C-122-404.......................... 701-TA-224

Live swine/ National Pork Canada.

Producers Council, Wilson Foods. A-357-405.......................... 731-TA-208

Barbed wire and CF&I Steel, Davis barbless wire Walker, Forbes Steel strand/

& Wire, Oklahoma Argentina.

Steel Wire. A-570-501.......................... 731-TA-244

Natural bristle Baltimore Brush, paint brushes/ Bestt Liebco, Elder China.

& Jenks, EZ Paintr, H&G Industries, Joseph Lieberman & Sons, Purdy, Rubberset, Thomas Paint Applicators, Wooster Brush. A-570-003.......................... 731-TA-103

Cotton shop Milliken, Texel towels/China. Industries, Wikit. C-535-001.......................... 701-TA-202

Cotton shop Milliken. towels/Pakistan. C-333-401.......................... 701-TA-E

Cotton shop No case at the towels/Peru. Commission; Commerce service list identifies: Durafab, Kleen-Tex Industries, Pavis & Harcourt, Lewis Eckert Robb, Milliken. A-538-802.......................... 731-TA-514

Cotton shop Milliken. towels/ Bangladesh. A-570-504.......................... 731-TA-282

Petroleum wax National Candle candles/China. Association. A-588-045.......................... AA1921-124

Steel wire rope/ AMSTED Industries. Japan. A-201-806.......................... 731-TA-547

Carbon steel Bridon American, wire rope/

Macwhyte, Paulsen Mexico.

Wire Rope, The Rochester Corporation, Williamsport, Wire- rope Works, Wire Rope Corporation of America, United Automobile, Aerospace and Agricultural Implement Workers (Local 960). A-580-811.......................... 731-TA-546

Carbon steel Bridon American, wire rope/Korea. Macwhyte, Paulsen Wire Rope, The Rochester Corporation, Williamsport, Wire- rope Works, Wire Rope Corporation of America, United Automobile, Aerospace and Agricultural Implement Workers (Local 960). A-351-505.......................... 731-TA-278