[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Notices]
[Pages 8775-8776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4728]


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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-741, 742, & 743 (Final)]


Melamine Institutional Dinnerware from China, Indonesia, and 
Taiwan

Determinations

    On the basis of the record <SUP>1 developed in the subject 
investigations, the United States International Trade Commission 
determines, pursuant to section 735(b) of the Tariff Act of 1930 (19 
U.S.C. 1673d(b)) (the Act), that the industry in the United States 
producing melamine dinnerware for institutional use <SUP>2 is 
materially injured by reason of imports from China, Indonesia, and 
Taiwan of melamine dinnerware, as defined by the Department of Commerce 
(Commerce), that have been found by Commerce to be sold in the United 
States at less than fair value (LTFV), and that are for institutional 
use.\3\ \4\
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Defined as melamine dinnerware that is intended for use by 
institutions such as schools, hospitals, cafeterias, restaurants, 
nursing homes, etc.
    \3\ In these investigations, Commerce has defined a single class 
or kind of imported merchandise, consisting of all items of 
dinnerware (e.g., plates, cups, saucers, bowls, creamers, gravy 
boats, serving dishes, platters, and trays, but not including 
flatware products such as knives, forks, and spoons) that contain at 
least 50 percent melamine by weight and have a minimum wall 
thickness of 0.08 inch. Melamine institutional dinnerware is 
provided for in subheadings 3924.10.20, 3924.10.30, and 3924.10.50 
of the Harmonized Tariff Schedule of the United States.
    \4\ Commissioner Crawford dissenting.
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    The Commission further finds that the industry in the United States 
producing melamine dinnerware for non-institutional use <SUP>5 is not 
materially injured or threatened with material injury, and the 
establishment of such an industry in the United States is not 
materially retarded, by reason of LTFV imports of melamine dinnerware 
from China and Taiwan that are for non-institutional use. The 
Commission also unanimously determines that subject imports of melamine 
dinnerware for

[[Page 8776]]

non-institutional use from Indonesia are negligible.
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    \5\ Defined as melamine dinnerware that is generally sold to the 
retail sector and is intended for use by households.
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Background

    The Commission instituted these investigations effective February 
6, 1996, following receipt of a petition filed with the Commission and 
the Department of Commerce by the American Melamine Institutional 
Tableware Association (AMITA).<SUP>6 The final phase of the 
investigations was scheduled by the Commission following notification 
of preliminary determinations by the Department of Commerce that 
imports of melamine institutional dinnerware from China, Indonesia, and 
Taiwan were being sold at LTFV within the meaning of section 733(b) of 
the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the 
Commission's investigations and of a public hearing to be held in 
connection therewith was given by posting copies of the notice in the 
Office of the Secretary, U.S. International Trade Commission, 
Washington, DC, and by publishing the notice in the Federal Register of 
September 11, 1996 (61 FR 47957). The hearing was held in Washington, 
DC, on January 9, 1997, and all persons who requested the opportunity 
were permitted to appear in person or by counsel.
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    \6\  The members of AMITA are Carlisle Food Service Products 
(formerly known as Continental/SiLite International Co.), Oklahoma 
City, OK; Lexington United Corp. (National Plastics Corp.), Port 
Gibson, MS; and Plastics Manufacturing Co. (Sun Coast Industries, 
Inc.), Dallas, TX.
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    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on February 18, 1997. The 
views of the Commission are contained in USITC Publication 3016 
(February 1997), entitled ``Melamine Institutional Dinnerware from 
China, Indonesia, and Taiwan: Investigations Nos. 731-TA-741, 742, and 
743 (Final).''

    Issued: February 19, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-4728 Filed 2-25-97; 8:45 am]
BILLING CODE 7020-02-P