U.S. Customs Service Treasury Decisions (T.D. 80-1) Bonds Approval and discontinuance of consolidated aircraft bonds (air carrier blanke bonds) Customs Form 7605 The following consolidated aircraft bonds have been approved or discontinued as shown below. The symbol "D" indicates that the bond previously outstanding has been discontinued on the month, day, and year represented by the figures which follow. "PB" refers to previous bond, dated as represented by figures in parentheses immediately following, which has been discontinued. If the previous bond was in the name of a different company or if the surety was different, the information is shown in a footnote at the end of the list. Dated: December 12, 1979. Name of principal and surety Date term commences Date of approval Filed with area director of Customs; amount Compagnie Nationale Air France (known as Air Oct. 11, 1979 Dec. 1, 1979 New York SeaFrance), 1350 Avenue of the Americas, New York, NY; Sentry Insurance, A Mutual Co. (PB 12/1/66) D 12/1/79' 'Surety is Federal Ins. Co. port: $100,000. The foregoing principal has been designated as a carrier of bonded merchandise. BON-3-01 DONALD W. LEWIS, Director, Office of Regulations and Rulings. (1) (T.D. 80-2) TITLE 19-CUSTOMS DUTIES CHAPTER 1-U.S. CUSTOMS SERVICE, DEPARTMENT OF THE PART 159-LIQUIDATION OF DUTIES Dextrines and Soluble or Chemically Treated Starches Derived From Potato Starch From the European Community Final countervailing duty determination AGENCY: U.S. Customs Service, Treasury Department. SUMMARY: This notice is to inform the public that a countervailing duty investigation has resulted in a final determination that the European Community and the Government of the Netherlands have given benefits which constitute bounties or grants within the meaning of the countervailing duty law on the manufacture, production, or exportation of dextrines and soluble or chemically treated starches derived from potato starch. The deposit of countervailing duties in the amount of these benefits will be required at the time of entry in addition to duties normally collected on dutiable shipments of this merchandise. EFFECTIVE DATE: December 19, 1979 FOR FURTHER INFORMATION CONTACT: Stephen Nyschot, Trade Analysis Division, U.S. Customs Service, 1301 Constitution Avenue NW., Washington, D.C. 20229; telephone 202-566-5492. SUPPLEMENTARY INFORMATION: On June 26, 1979, a notice of "Preliminary Countervailing Duty Determination" was published in the Federal Register (44 F.R. 37363). The notice stated that it had been preliminarily determined that benefits bestowed by the European Community (EC) and the Government of the Netherlands upon the manufacture, production, or exportation of dextrines and soluble or chemically treated starches derived from potato starch constitute the payment of bounties or grants within the meaning of section 303, Tariff Act of 1930, as amended (19 U.S.C. 1303) (referred to as the act). The EC comprises Belgium, Denmark, the Federal Republic of Germany, France, Ireland, Italy, Luxembourg, the Netherlands, and the United Kingdom. Imports covered by this investigation are classified under item 493.30, Tariff Schedules of the United States Anno tated (TSUSA), and include only those dextrines and soluble or chemically treated starches derived from potato starch. The preliminary determination stated that bounties or grants are paid by the EC in the form of "production refund payments," which are made to processors who establish contracts in accordance with the minimum price set for potatoes, and "premium payments," a further unconditional payment made to processors. On the basis of additional information, it has been determined that in addition to the payments mentioned above, the EC gives "export restitution payments" to exporters of the subject merchandise. These payments, made based on an established formula for each unit of eligible merchandise exported from the EC, also constitute a bounty or grant because they simply confer a direct benefit on the exported merchandise. The total bounty or grant associated with the subject merchandise is equal to the sum of the various payments made through all stages of the production process from potato, to potato starch, to dextrine and soluble or chemically treated starches derived from potato starch. The net value of these payments, in terms of the U.S. import value on a Customs valuation basis, is equal to 34.4 percent ad valorem. The preliminary determination also stated that the Government of the Netherlands provides financial assistance to the sole potato starch producer in that country. The assistance is given under a general government program for regional economic development and not for the purposes alleged by the petitioner. However, these payments are in the form of a grant which confers a direct benefit on the production of potato starch and, therefore, constitute a bounty or grant to the Dutch manufacturer. The average value of this bounty or grant has been calculated to be 1.6 percent ad valorem. This figure represents the average annual benefit bestowed on the Dutch manufacturer in the last 3 years divided by the value of firm's production in the most recent year for which data is available. Under traditional Treasury practice, whether a domestic program providing a benefit had a trade-distorting effect would be examined in determining whether a bounty or grant had been paid or bestowed. This would be determined by the size of the ad valorem benefit found and, except where that benefit was of significant size, the proportion of production of the subject merchandise that was exported. In the instant case, analysis of proportion exported is unnecessary in view of the magnitude of the benefits. On November 29, 1979, the Court of Customs and Patent Appeals overturned Treasury's administrative practice. ASG Industries v. United States, C.A.D. 1237. If this holding remains in effect, Treasury could not, in any circumstance, consider the level of exportation in determining whether a bounty or grant was paid or bestowed under the programs investigated. Thus, whatever standard is used, it is determined that a bounty or grant is provided in the instant case. Accordingly, notice is hereby given that dextrines and soluble or chemically treated starches derived from potato starch which are imported directly or indirectly from the EC, if entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register will be subject to the payment of countervailing duties equal to the net amount of any bounty or grant determined or estimated to have been paid or bestowed. In accordance with section 303 of the act and until further notice, the net amount of the bounties or grants bestowed on the merchandise subject to this investigation has been ascertained and determined to be 34.4 percent ad valorem for imports of the subject merchandise from all countries of the EC other than the Netherlands (i.e., Belgium, Denmark, the Federal Republic of Germany, France, Ireland, Italy, Luxembourg, and the United Kingdom), and 36.0 percent ad valorem for imports of the subject merchandise from the Netherlands. In order to allow Customs officials to distinguish the merchandise subject to this determination from similar merchandise not subject to it, those officials may take whatever administrative actions are necessary, such as, but not limited to, requiring manufacturer's certification of the material origin of shipments and/or a detailed invoice description of the merchandise. Effective on or after the publication date of this notice, and until further notice, upon the entry, or withdrawal from warehouse, for consumption of such dextrines and soluble or chemically treated starches derived from potato starch, imported directly or indirectly from the EC, which benefit from these bounties or grants, there shall be collected, in addition to any other duties estimated or determined to be due, countervailing duties in the amount ascertained in accordance with the above declaration. To the extent that it can be established to the satisfaction of the Commissioner of Customs that imports of the subject merchandise from the EC are benefiting from a bounty or grant smaller than the amount which otherwise would be applicable under the above declaration, the smaller amount so established shall be assessed and collected. Any merchandise subject to the terms of this order shall be deemed to have benefited from a bounty or grant if such bounty or grant has been or will be credited or bestowed, directly or indirectly, upon the manufacture, production, or exportation of dextrines and soluble or chemically treated starches derived from potato starch from the EC. |