[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Notices]
[Pages 31144-31145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12205]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-506)


Porcelain-on-Steel Cooking Ware From China; Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On January 7, 2000, the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on porcelain-on-steel (``POS'') cooking ware from the People's 
Republic of China (``PRC''). The merchandise covered by this order is 
shipments of POS cooking ware, including tea kettles, which do not have 
self-contained electric heating elements. This review covers one 
manufacturer/exporter of the subject merchandise, Clover Enamelware 
Enterprise, Ltd. of China (``Clover''), and its Hong Kong reseller, 
Lucky Enamelware Factory Ltd. (``Lucky''), collectively referred to as 
Lucky/Clover. The period of review (``POR'') is December 1, 1997 
through November 30, 1998.
    Based on our analysis of the comments received, we have made 
corrections to our calculations. However, these corrections did not 
change the margin which was calculated in the preliminary 
determination, which was zero. The final weighted-average dumping 
margin for the reviewed firm is listed below in the section entitled 
``Final Results of the Review.''

EFFECTIVE DATE: May 16, 2000.

FOR FURTHER INFORMATION CONTACT: Russell Morris, AD/CVD Enforcement, 
Office 6, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, Washington, D.C. 20230; 
telephone: (202) 482-1775.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (``the Department's'') regulations are to 19 CFR Part 351 
(1998).

Background

    On January 7, 2000, the Department published the preliminary 
results of its administrative review of the antidumping duty order on 
POS cooking ware from the PRC. See Porcelain-on-Steel Cooking Ware From 
the People's Republic of China; Preliminary Results of Antidumping Duty 
Administrative Review, 65 FR 1136 (January 7, 2000). The review covers 
one manufacturer/exporter of the subject merchandise, Lucky/Clover. The 
POR is December 1, 1997 through November 30, 1998. We invited parties 
to comment on our preliminary results of review. Only Lucky/Clover 
submitted comments. No requests were made for a public hearing. The 
Department has conducted this administrative review in accordance with 
section 751 of the Act.

Scope of Review

    Imports covered by this review are shipments of POS cooking ware, 
including tea kettles, which do not have self-contained electric 
heating elements.

[[Page 31145]]

All of the foregoing are constructed of steel and are enameled or 
glazed with vitreous glasses. The merchandise is currently classifiable 
under the Harmonized Tariff Schedule (``HTS'') item 7323.94.00.
    Although the HTS subheading is provided for convenience and U.S. 
Customs (``Customs'') purposes, our written description of the scope of 
this proceeding is dispositive.

Analysis of Comments Received

    All issues raised in the case brief by the Respondent to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Holly A. Kuga, Acting 
Deputy Assistant Secretary, Import Administration, to Troy H. Cribb, 
Acting Assistant Secretary for Import Administration, dated concurrent 
with this notice, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit (``CRU'') of 
the Main Commerce Building in Room B-099. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at www.ita.doc.gov/import__admin/records/frn/. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We have also corrected certain 
programming and clerical errors in our preliminary results, where 
applicable. Any alleged programming or clerical errors with which we do 
not agree are discussed in the relevant sections of the ``Decision 
Memorandum,'' accessible in the CRU and also available at the Web 
address shown above.

Final Results of Review

    We determine that the following percentage weighted-average margins 
exist for the period December 1, 1997 through November 30, 1998:

------------------------------------------------------------------------
       Manufacturer/producer/exporter              Margin (percent)
------------------------------------------------------------------------
Clover Enamelware Enterprise/Lucky           Zero.
 Enamelware Factory.
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    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.106(c)(2), we will instruct the Customs Service to liquidate 
without regard to antidumping duties all entries of the subject 
merchandise during the POR manufactured by Clover and subsequently 
exported by Lucky.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of POS cooking ware from the PRC entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(1) of the Act: (1) For 
Clover/Lucky, which has a separate rate, the cash deposit rate will be 
zero; (2) for any previously reviewed PRC firm and non-PRC exporter 
with a separate rate, the cash deposit rate will be the company-and 
product-specific rate established for the most recent period; (3) the 
cash deposit rate for all other PRC exporters will continue to be 66.65 
percent, the PRC-wide rate established in the LTFV investigation; and 
(4) the cash deposit rate for non-PRC exporters of subject merchandise 
from the PRC will be the rate applicable to the PRC supplier of that 
exporter. These requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

APPENDIX--Issues in the Decision Memorandum

Comments

1. Factor Valuation
    a. Steel
    b. Labor
2. Circumstances-of-Sale Adjustments
    a. Indirect Selling Expenses
3. Export Credit Insurance

[FR Doc. 00-12205 Filed 5-15-00; 8:45 am]
BILLING CODE 3510-DS-P