Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Notices 4979

Period

COUNTERVAILING PROCEEDINGS

None

SUSPENSION AGREEMENTS

Venezuela: Cement, A–307–803 ..................................................................................................................................................... 2/1/96–1/31/97

In accordance with §§ 353.22(a) and

355.22(a) of the regulations, an

interested party as defined by § 353.2(k)

may request in writing that the

Secretary conduct an administrative

review. The Department has changed its

requirements for requesting reviews for

countervailing duty orders. Pursuant to

19 CFR 355.22(a) of the regulations, an

interested party must specify the

individual producers or exporters

covered by the order or suspension

agreement for which they are requesting

a review, (Interim Regulations, 60 FR

25130, 25137 (May 11, 1995)).

Therefore, for both antidumping and

countervailing duty reviews, the

interested party must specify for which

individual producers or exporters

covered by an antidumping finding or

an antidumping or countervailing duty

order it is requesting a review, and the

requesting party must state why it

desires the Secretary to review those

particular producers or exporters. If the

interested party intends for the

Secretary to review sales of merchandise

by an exporter (or a producer if that

producer also exports merchandise from

other suppliers) which were produced

in more than one country of origin, and

each country of origin is subject to a

separate order, then the interested party

must state specifically, on an order-byorder basis, which exporter(s) the

request is intended to cover.

Seven copies of the request should be

submitted to the Assistant Secretary for

Import Administration, International

Trade Administration, Room B–099,

U.S. Department of Commerce, 14th

Street & Constitution Avenue, NW.,

Washington, DC. 20230. The

Department also asks parties to serve a

copy of their requests to the Office of

Antidumping/ Countervailing

Enforcement, Attention: Sheila Forbes,

in room 3065 of the main Commerce

Building. Further, in accordance with

§ 353.31(g) or § 355.31(g) of the

regulations, a copy of each request must

be served on every party on the

Department’s service list.

The Department will publish in the

Federal Register a notice of ‘‘Initiation

of Administrative Review of

Antidumping or Countervailing Duty

Order, Finding, or Suspended

Investigation,’’ for requests received by

the last day of February 1997. If the

Department does not receive, by the last

day of February 1997, a request for

review of entries covered by an order,

finding, or suspended investigation

listed in this notice and for the period

identified above, the Department will

instruct the Customs Service to assess

antidumping or countervailing duties on

those entries at a rate equal to the cash

deposit of (or bond for) estimated

antidumping or countervailing duties

required on those entries at the time of

entry, or withdrawal from warehouse,

for consumption and to continue to

collect the cash deposit previously

ordered.

This notice is not required by statute,

but is published as a service to the

international trading community.

Dated: January 28, 1997.

Jeffrey P. Bialos,

Principal Deputy Assistant Secretary for

Import Administration.

[FR Doc. 97–2610 Filed 1–31–97; 8:45 am]

BILLING CODE 3510–DS–M

[A–570–506]

Porcelain-on-Steel Cooking Ware From

the People’s Republic of China;

Preliminary Results of Antidumping

Duty Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Preliminary Results of

Antidumping Duty Administrative

Review.

SUMMARY: In response to a request by an

importer of the subject merchandise, the

Department of Commerce (the

Department) is conducting an

administrative review of the

antidumping duty order on porcelainon-steel (POS) cooking ware from the

People’s Republic of China (PRC). The

review covers one manufacturer/

exporter of the subject merchandise and

its affiliated third-country reseller in

Hong Kong and the period December 1,

1994 through November 30, 1995. The

review preliminarily indicates the

existence of a dumping margin during

the period of review.

We have preliminarily determined

that sales have been made below normal

value (NV). If these preliminary results

are adopted in our final results of

administrative review, we will instruct

the U.S. Customs Service to assess

antidumping duties on all appropriate

entries. Interested parties are invited to

comment on these preliminary results.

EFFECTIVE DATE: February 3, 1997.

FOR FURTHER INFORMATION CONTACT: Judy

Kornfeld or Kelly Parkhill, Office of

CVD/AD Enforcement VI, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue NW., Washington D.C. 20230;

telephone: (202) 482–2786.

Applicable Statute

Unless otherwise indicated, all

citations to the statute are references to

the provisions as of January 1, 1995, the

effective date of the amendments made

to the Tariff Act of 1930 (the Act) by the

Uruguay Round Agreements Act

(URAA). In addition, unless otherwise

indicated, all citations to the

Department’s regulations are to the

current regulations, as amended by the

interim regulations published in the

Federal Register on May 11, 1995 (60

FR 25130).

SUPPLEMENTARY INFORMATION:

Background

On December 2, 1986, the Department

published in the Federal Register the

antidumping duty order on POS cooking

ware from the PRC (51 FR 43414). On

December 4, 1995, the Department

published in the Federal Register a

notice of opportunity to request an

administrative review of this

antidumping duty order (60 FR 62070).

On February 27, 1995, in accordance

with 19 CFR 353.22(a), an importer of

the subject merchandise to the United

States, CGS International, requested that

the Department conduct an

administrative review of Clover

Enamelware Enterprise, Ltd. of China

(Clover), a manufacturer/exporter, and

its third-country reseller Lucky

Enamelware Factory Ltd. of Hong Kong

(Lucky). We published the notice of

initiation of this review covering the
4980 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Notices

period December 1, 1994 through

November 30, 1995, on February 1, 1995

(61 FR 3670). The Department is

conducting this administrative review of

one manufacturer/exporter of POS

cooking ware from the PRC, Clover, and

its third-country reseller in Hong Kong,

Lucky, in accordance with section

751(a) of the Act. We will be conducting

verification of the information provided

by Clover and Lucky after publication of

the preliminary results of this

administrative review. The final results

will incorporate our findings from the

verification.

Scope of the Review

Imports covered by this review are

shipments of POS cooking ware,

including tea kettles, which do not have

self-contained electric heating elements.

All of the foregoing are constructed of

steel and are enameled or glazed with

vitreous glasses. The merchandise is

currently classifiable under the HTS

item 7323.94.00. HTS items numbers are

provided for convenience and Customs

purposes. The written description of the

scope remains dispositive.

Collapsing

The Department collapses affiliated

firms (i.e., treats them as a single entity

for review purposes and assigns them a

single dumping margin) where the type

and degree of relationship is so

significant that we find there is a strong

possibility of price manipulation. See

Notice of Final Determination of Sales

at Less than Fair Value: Large

Newspaper Printing Presses and

Components Thereof, Whether

Assembled or Unassembled, From Japan

(61 FR 38139, 38163; July 23, 1996). See

also Nihon Cement Co. Ltd. v. United

States, 17 CIT 400 (CIT 1993).

Clover is two-thirds owned by Lucky

and therefore Lucky holds controlling

interest in Clover. Due to Lucky’s

ownership interest in Clover, and the

fact that the same individual is the

general manager at both companies, we

consider Clover and Lucky to be

affiliated pursuant to section 771(33) of

the Act. As such, and consistent with

prior reviews of this order, we are

collapsing Clover and Lucky (hereafter

Clover/Lucky) and assigning them a

single dumping margin. For a further

discussion of this issue, see

Memorandum from Case Analyst to the

File ‘‘Status as Affiliated Parties’’ dated

January 17, 1997, which is a public

document on file in the Central Records

Unit (room B–099 of the Main

Commerce Building).

Separate Rates

Lucky is located outside the PRC and

there is no PRC ownership of the

company. Therefore, we determine that

no separate rates analysis is required for

this third-country reseller because it is

beyond the jurisdiction of the PRC

government. See Final Determination of

Sales at Less Than Fair Value;

Disposable Pocket Lighters from the

People’s Republic of China (60 FR

22359, 22361; May 5, 1995). Clover is

partially owned by a PRC government

company and therefore a separate rates

analysis is necessary to determine

whether this exporter is independent

from government control.

To establish whether a company is

sufficiently independent to be entitled

to a separate rate, the Department

analyzes each exporting entity under the

test established in the Final

Determination of Sales at Less Than

Fair Value: Sparklers from the People’s

Republic of China, 56 FR 20588 (May 6,

1991) (Sparklers), as amplified in Final

Determination of Sales at Less Than

Fair Value: Silicon Carbide from the

People’s Republic of China, 59 FR 22585

(May 2, 1994) (Silicon Carbide). Under

this policy, exporters in non-marketeconomy (NME) countries are entitled to

separate, company-specific margins

when they can demonstrate an absence

of government control, both in law (de

jure) and in fact (de facto), with respect

to exports.

1. Absence of De Jure Control

Evidence supporting, though not

requiring, a finding of de jure absence

of government control includes: (1) an

absence of restrictive stipulations

associated with an individual exporter’s

business and export licenses; (2) any

legislative enactments decentralizing

control of companies; and (3) any other

formal measures by the government

decentralizing control of companies.

Clover’s submissions pertaining to

legislative enactments and the terms of

its Enterprise Legal Person Operation

License demonstrate the absence of de

jure control. (See Memorandum from

Kelly Parkhill to Barbara E. Tillman,

dated January 17, 1997, ‘‘Assignment of

Separate Rate for Clover/Lucky in the

1993–1994 and 1994–1995

Administrative Reviews of POS Cooking

Ware from the People’s Republic of

China’’ (Separate Rate Memorandum),

which is a public document on file in

the Central Records Unit (room B–009 of

the Department of Commerce).

2. Absence of De Facto Control

De facto absence of government

control with respect to exports is based

on four criteria: (1) whether the export

prices are set by or subject to the

approval of a government authority; (2)

whether each exporter retains the

proceeds from its sales and makes

independent decisions regarding the

disposition of profits and financing of

losses; (3) whether each exporter has

autonomy in making decisions

regarding the selection of management;

and (4) whether each exporter has the

authority to negotiate and sign

contracts. See Silicon Carbide at 22587.

With respect to de facto absence of

government control, the information

submitted by Clover in the

questionnaire response indicates the

following: (1) no government entity

exercises control over its export prices;

(2) it negotiates contracts without

guidance from any governmental

entities or organizations; (3) it makes its

own personnel decisions; and (4) it

retains the proceeds of its export sales,

utilizing profits to provide dividends to

shareholders, and it has the authority to

seek out loans at market interest rates.

This information supports the finding

that there is de facto absence of

governmental control of export

functions. Consequently, we have

determined that Clover/Lucky has met

the criteria for the application of

separate rates according to the criteria

identified in Sparklers and Silicon

Carbide. For a further discussion of this

issue, see Separate Rate Memorandum.

Export Price

The Department used export price

(EP) for sales made by Clover/Lucky, in

accordance with section 772(a) of the

Act, because the subject merchandise

was sold to unaffiliated purchasers in

the United States, or Hong Kong (in

cases where Clover/Lucky knew the

ultimate destination was the United

States), prior to importation into the

United States and constructed export

price is not otherwise indicated.

We calculated EP based on Lucky’s

price charged to unaffiliated purchasers

in the United States because Lucky is

the sales agent with respect to all

subject merchandise manufactured by

Clover. We deducted amounts, where

appropriate, for discounts, and for

brokerage and handling, foreign inland

freight, ocean freight, and marine

insurance, which were provided by

market economy carriers and paid for in

market economy currencies.

Normal Value

For companies located in NME

countries, section 773(c)(1) of the Act

provides that the Department shall

determine normal value (NV) using a

factors of production methodology if (1)
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Notices 4981

the subject merchandise is exported

from an NME country, and (2) available

information does not permit the

calculation of NV using home market

prices or third country prices, in

accordance with section 773(a) of the

Act.

In every case conducted by the

Department involving the PRC, the PRC

has been treated as an NME country.

Pursuant to section 771(18)(c)(i) of the

Act, any determination that a foreign

country is an NME country shall remain

in effect until revoked by the

administering authority. None of the

parties to this proceeding has contested

such treatment in this review.

Accordingly, we treated the PRC as an

NME country for purposes of this

review.

We calculated NV by valuing factors

of production as set forth in 773(c)(3) of

the Act, except for the factors of steel,

percolators and packing materials. For

these factors, which were paid for in

market economy currencies, we used

the actual prices paid for the factors to

calculate the factor-based NV in

accordance with our practice. See Lasko

Metal Products v. United States, 437 F.

3d 1442, 1443 (Fed. Cir. 1994).

For the remaining factors, we have

selected a comparable market economy

country which is a significant producer

of comparable merchandise. Pursuant to

section 773(c)(4) of the Act and section

353.52(c) of the Department’s

regulations, we determined that

Indonesia is comparable to the PRC in

terms of per capita gross national

product (GNP), the growth rate in per

capita GNP, and the national

distribution of labor, and that Indonesia

is a significant producer of comparable

merchandise. Therefore, for this review,

we have used publicly available

published information regarding

Indonesia to value most of the factors of

production. (See Memorandum to

Barbara Tillman, Director, Office of

CVD/AD Enforcement VI from David

Mueller, Director, Office of Policy, dated

September 24, 1996, ‘‘Porcelain-on-Steel

Cooking Ware from the People’s

Republic of China, Non-Market

Economy Status and Surrogate Country

Selection’’ and Memorandum to the File

from Case Analysts, dated January 13,

1997, ‘‘Porcelain-on Steel Cooking Ware

from the People’s Republic of China—

Surrogate Country Selection,’’ which are

public documents on file in the Central

Records Unit (room B–099 of the Main

Commerce Building).)

For purposes of calculating NV, we

valued PRC factors of production as

follows, in accordance with section

773(c)(1) of the Act:

• For surrogate values of materials

used in the production of POS cooking

ware, including soda ash, sulphuric

acid, degreasing agents, borax, barium

molybdate, magnesium sulphate,

potassium carbonate, urea, quartz

powder, clay, color oxides, and enamel

frits, we used per kilogram values

obtained from the Foreign Trade

Statistical Bulletin-Imports, November

1995, from Indonesia (Indonesian

Import Statistics).

We calculated a cost for freight

incurred between the supplier and

Clover by using the freight rates

reported in a September, 1991 cable

from the U.S. Embassy in Jakarta,

Indonesia and the actual kilometers

reported in the questionnaire response.

The cable was received for the less than

fair value (LTFV) investigation of

Certain Carbon Steel Butt-Weld Pipe

Fittings from the People’s Republic of

China. We adjusted these freight rates to

reflect yearly inflation through the

period of review (POR) using wholesale

price indices (WPI), excluding

petroleum, obtained from the

International Financial Statistics

published by the International Monetary

Fund (IMF).

• For labor amounts, we were unable

to find a published, publicly available

source for skilled and unskilled labor

rates for the POS cooking ware industry,

or other a similar industry, in Indonesia.

We therefore used information obtained

from a September, 1991 cable from the

U.S. Embassy in Jakarta, Indonesia. This

cable was received for the LTFV

investigation of Certain Carbon Steel

Butt-Weld Pipe Fittings from the

People’s Republic of China, and

provides unskilled and skilled labor

rates. We adjusted these labor rates to

reflect yearly inflation through the POR

using consumer price indices (CPI)

obtained from the International

Financial Statistics published by the

IMF.

• For factory overhead, we were

unable to locate any published, publicly

available data for the POS cooking ware

industry, or a similar industry, in

Indonesia. Therefore, we used

information reported in a December 2,

1994, U.S. State Department cable from

the U.S. Embassy in Jakarta, Indonesia.

This data was received for the LTFV

investigation of Furfuryl Alcohol from

the People’s Republic of China, and

provides an estimated range of factory

overhead costs in Indonesia. The

information was also used in the LTFV

investigation of Disposable Pocket

Lighters from the People’s Republic of

China. From this information, we were

able to determine factory overhead as a

percentage of materials and labor. The

surrogate overhead rate included energy

and indirect labor; therefore, we did not

include Clover/Lucky’s reported energy

and indirect labor factors.

• For selling, general and

administrative (SG&A) expenses, we

were unable to find published, publicly

available data for POS cooking ware, or

a similar industry, in Indonesia.

Therefore, we used information

obtained from a September, 1991 cable

from the U.S. Embassy in Jakarta,

Indonesia. This cable was received for

the LTFV investigation of Certain

Carbon Steel Butt-Weld Pipe Fittings

from the People’s Republic of China,

and provides an estimated range of

SG&A percentages.

• For profit, we could not find

published, publicly available data for

the POS cooking ware industry, or

another similar industry, in Indonesia.

Therefore, to calculate a profit rate, we

used information obtained from a

September 1991 cable from the U.S.

Embassy in Jakarta, Indonesia. This

cable was received for the LTFV

investigation of Certain Carbon Steel

Butt-Weld Pipe Fittings from the

People’s Republic of China, and

provides a range of profit margin

percentages.

For a complete analysis of surrogate

values, see ‘‘Factor Values Used for the

Preliminary Results of the 1994–1995

Administrative Review of POS Cooking

Ware from the PRC’’ (Public Version)

dated January 17, 1997, on file in the

Central Records Unit (room B–099 of the

Main Commerce Building).

Use of Facts Available

Section 776(a)(1) of the Act states that

if necessary information is not available

on the record, the Department shall use

the facts otherwise available in reaching

the applicable determination. Section

776(b) of the Act authorizes the

Department to use as facts otherwise

available information derived from the

petition, the final determination, a

previous review, or other information

placed on the record. We preliminarily

determine, in accordance with section

776(a)(1) of the Act, that the use of

partial facts available as the basis for

calculating certain constructed values is

appropriate in this case.

Clover/Lucky did not report some or

all factors of production data for three

models sold in the U.S. during the POR.

Since Clover/Lucky did not act to the

best of its ability in responding to our

request for such information pursuant to

section 782(e)(4) of the Act, we have

drawn an adverse inference under the

authority provided by section 776 of the

Act. As partial facts available, we are

using the highest rate applicable to the
4982 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Notices

company from a previous review or the

original LTFV investigation to calculate

constructed values for those models for

which incomplete or no factors of

production data was reported.

We have also used partial facts

available to calculate the packing

materials cost for one other model for

which no packing factors of production

data was submitted. As facts available,

we are using the highest packing

materials cost, excluding set costs, for

an individual piece of cooking ware

from the information submitted by

Clover/Lucky. See Notice of Final

Results of Antidumping Duty

Administrative Review: Welded Carbon

Steel Pipe from Turkey (61 FR 69067,

69073; December 31, 1996).

Currency Conversion

We made currency conversions

pursuant to section 773A(a) of the Act

and section 353.60(a) of the

Department’s regulations. Currency

conversions were made at rates certified

by the Federal Reserve Bank.

Preliminary Results of the Review

As a result of our review, we

preliminarily determine that the

following dumping margins exist for the

period December 1, 1994 through

November 30, 1995:

Manufacturer/Exporter Margin

(percent)

Clover Enamelware Enterprise/

Lucky Enamelware Factory ... 1.32

PRC-Wide Rate ........................ 66.65

The PRC-wide rate applies to all

entries of subject merchandise except

for entries from manufacturers and

exporters that are individually

identified above. The Department

implements a policy in NME cases

whereby all exporters or producers are

presumed to comprise a single entity,

the ‘‘NME entity.’’ The U.S. Court of

International Trade has upheld our

NME policy in previous cases. See, e.g.,

UCF America, Inc. v. United States, 870

F. Supp. 1120, 1126 (CIT 1994); Sigma

Corp. v. United States, 841 F. Supp.

1255, 1266–67 (CIT 1993), and; Tianjin

Machinery Import & Export Corp. v.

United States, 806 F. Supp. 1008, 1013–

15 (CIT 1992). Thus, we assign the NME

rate to the NME entity just as we assign

an individual rate to a single exporter or

producer operating in a market

economy. As a result, all exporters and

producers that are part of the NME

entity are assigned the ‘‘NME-wide’’

rate. Because the ‘‘NME-wide’’ rate is

the equivalent of a company-specific

rate, it changes only when we review

the NME entity (i.e., all NME producers

and exporters that have not qualified for

a separate rate). To qualify for a separate

rate, as discussed under the Separate

Rates section of this notice, an NME

exporter or producer must provide

evidence showing both de jure and de

facto absence of government control

over export activities. Until such

evidence is presented, a company is

presumed to be part of the NME entity

and receives the ‘‘NME-wide’’ rate. All

exporters or producers will either

qualify for separate company-specific

rate, or be part of the NME enterprise,

and receive the ‘‘NME-wide’’ rate. Thus,

there can be no exporters or producers

who have never been investigated or

reviewed. In this review, Clover/Lucky

qualifies for a separate rate as discussed

in the ‘‘Separate Rates’’ section of this

notice. The PRC-wide rate has not

changed from the last administrative

review because no company

representing the single entity was

reviewed.

Parties to the proceeding may request

disclosure within 5 days of the date of

publication of this notice in accordance

with 19 CFR 353.22(c)(6). Any

interested party may request a hearing

within 10 days of publication in

accordance with 19 CFR 353.38(b). Any

hearing, if requested, will be held 44

days after the publication of this notice,

or the first workday thereafter.

Interested parties may submit case briefs

within 30 days of the date of publication

of this notice in accordance with 19 CFR

353.38(c). In accordance with 19 CFR

353.38(d), rebuttal briefs, which must be

limited to issues raised in the case

briefs, may be filed not later than 37

days after the date of publication.

Parties who submit case briefs or

rebuttal briefs in this proceeding are

requested to submit with each argument

(1) a statement of the issue and (2) a

brief summary of the argument. The

Department will publish a notice of

final results of this administrative

review, which will include the results of

its analysis of issues raised in any such

comments.

The Department shall determine, and

the U.S. Customs Service shall assess,

antidumping duties on all appropriate

entries. Individual differences between

export price and NV may vary from the

percentages stated above. The

Department will issue appraisement

instructions directly to the U.S. Customs

Service.

Furthermore, the following deposit

requirements will be effective upon

publication of the final results of this

administrative review for all shipments

of POS cooking ware from the PRC

entered, or withdrawn from warehouse,

for consumption on or after the

publication date, as provided for by

section 751(a)(2)(C) of the Act: (1) for

Clover/Lucky, which has a separate rate,

the cash deposit rate will be the

company-specific rate established in the

final results of this administrative

review; (2) for all other PRC exporters,

the cash deposit rate will be the PRCwide rate established in the final results

of this administrative review; and (3)

the cash deposit rates for non-PRC

exporters of subject merchandise from

the PRC will be the rates applicable to

the PRC supplier of that exporter. We

preliminarily determine that the PRCwide rate continues to be 66.65 percent

because no company representing the

single entity was reviewed. This is the

highest rate found for any respondent in

the LTFV investigation or any review.

These deposit requirements, when

imposed, shall remain in effect until

publication of the final results of the

next administrative review.

Notification of Interested Parties

This notice also serves as a

preliminary reminder to importers of

their responsibility under 19 CFR

353.26 of the Department’s regulations

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 double

antidumping duties.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Act (19 U.S.C. 1675(a)(1)) and 19

CFR 353.22 of the Department’s

regulations.

Dated: January 21, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–2611 Filed 1–31–97; 8:45 am]

BILLING CODE 3510–DS–P

National Oceanic and Atmospheric

Administration

[I.D. 012797H]

Gulf of Mexico Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting.

SUMMARY: The Gulf of Mexico Fishery

Management Council (Council) will