[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Notices]
[Pages 27261-27262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13135]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-506]


Porcelain-on-Steel Cooking Ware From the People's Republic of 
China: Final Results of Changed Circumstances Antidumping Duty 
Administrative Review and Intent Not To Revoke Antidumping Duty Order, 
In Part

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

ACTION: Notice of final results of changed circumstances antidumping 
duty administrative review and intent not to revoke antidumping duty 
order, in part.

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SUMMARY: On August 27, 1997, the Department of Commerce initiated a 
changed circumstances antidumping duty administrative review of the 
antidumping duty order on porcelain-on-steel cooking ware from the 
People's Republic of China, and subsequently published the preliminary 
results of this review and an intent not to revoke the order, in part, 
in the Federal Register on January 29, 1998 (63 FR 4430). We received 
no comments regarding the preliminary results. Thus, these final 
results are unchanged from the preliminary results, and we are not 
revoking the order, in part, with regard to porcelain-on-steel tea 
kettles from the People's Republic of China.

EFFECTIVE DATE: May 18, 1998.

FOR FURTHER INFORMATION CONTACT: Russell Morris or Lorenza Olivas, 
Office of CVD/AD Enforcement 6, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-2786.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the regulations as 
set forth at 19 CFR Sec. 353.1, et seq., as amended by the interim 
regulations published in the Federal Register on May 11, 1995 (60 FR 
25130).

Background

    On May 30, 1997, respondent, Clover Enamelware Enterprises Ltd. and 
Lucky

[[Page 27262]]

Enamelware Factory Ltd. (Clover/Lucky) requested that the Department of 
Commerce (the Department) conduct a changed circumstances 
administrative review to determine, pursuant to 19 CFR Sec. 353.25(d), 
whether to revoke partially the antidumping duty order on porcelain-on-
steel (POS) cooking ware from the People's Republic of China (PRC) with 
regard to POS tea kettles.
    The basis for Clover/Lucky's request was that the sole U.S. 
producer of POS cooking ware, General Housewares Corp. (GHC), 
affirmatively stated in its request for a changed circumstances review 
of the antidumping duty order on POS cooking ware from Taiwan, that it 
no longer manufactured POS tea kettles and thus had no interest in the 
importation or sale of POS tea kettles. Based on GHC's affirmative 
statement of no interest, with respect to tea kettles, submitted in the 
antidumping proceeding on POS cooking ware from Taiwan, the Department 
revoked the antidumping order on POS cooking ware from Taiwan, with 
respect to tea kettles. See Porcelain on Steel Cooking Ware from 
Taiwan: Final Results of Changed Circumstances Antidumping 
Administrative Review, and Revocation in Part of Antidumping Duty 
Order, 62 FR 10024 (March 5, 1997). Clover/Lucky asserted that GHC's 
statements in the Taiwan case should also be the basis for revoking, in 
part, the antidumping duty order on POS cooking ware from the PRC with 
respect to tea kettles.
    On September 25, 1997, GHC, the petitioner and sole U.S. producer 
of POS cooking ware, submitted a letter expressing an interest in 
maintaining the order with respect to POS tea kettles from the PRC, and 
objected to the partial revocation of this order with respect to POS 
tea kettles.
    On January 29, 1998, we published the preliminary results of 
changed circumstances antidumping duty administrative review (63 FR 
4430), in which we preliminarily determined not to revoke this order, 
in part. We gave interested parties an opportunity to comment on the 
preliminary results of this changed circumstances review. We received 
no comments.

Scope of Review

    The products covered by this antidumping duty order are 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. Kitchenware is not subject to 
this order. See Antidumping Duty Order: Porcelain-on-Steel Cooking Ware 
from the People's Republic of China, 51 FR 43414 (December 2, 1986).
    The products covered by this changed circumstances review are POS 
tea kettles from the PRC. Imports of POS tea kettles are currently 
classifiable under the harmonized tariff schedule (HTS) subheading 
7323.94.00.10. The HTS subheading is provided for convenience and 
Customs purposes. Our written description of the scope of this 
proceeding is dispositive. The order with regard to imports of other 
POS cooking ware is not affected by this changed circumstances review.

Final Results of Changed Circumstances Antidumping Duty 
Administrative Review

    Pursuant to Sec. 751(d) of the Act, the Department may partially 
revoke an antidumping duty order based on a review under Sec. 751(b) of 
the Act. Section 782(h) of the Act and Sec. 353.25(d)(1) of the 
Department's regulations provide that the Department may revoke an 
order, or revoke an order in part, if it determines that changed 
circumstances sufficient to warrant revocation of the order, or part of 
the order, exist.
    The petitioner and sole U.S. producer of POS cooking ware submitted 
an affirmative statement of interest in this order with respect to POS 
tea kettles from the PRC. As we stated in out notice of initiation, the 
orders on POS cooking ware from Taiwan and the PRC are separate and 
distinct. As such, a decision on one order cannot automatically be 
assumed to be applicable to another order involving a different 
country. On the basis of the record developed in this proceeding, we 
determine in these final results that changed circumstances sufficient 
to warrant partial revocation of the antidumping duty order on POS 
cooking ware from the PRC with respect to POS tea kettles do not exist.
    The current requirements for the cash deposit of estimated 
antidumping duties on all subject merchandise will remain in effect 
until the publication of the final results of the next administrative 
review.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR Sec. 353.34(d). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    This notice is in accordance with Secs. 751(b)(1) and (d) and 
Sec. 777(i) of the Act and 19 CFR Sec. 353.22(f)(1) of the Department's 
regulations.

    Dated: May 8, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-13135 Filed 5-15-98; 8:45 am]
BILLING CODE 3510-DS-P