27262 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices

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

§ 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 § 751(d) of the Act, the

Department may partially revoke an

antidumping duty order based on a

review under § 751(b) of the Act.

Section 782(h) of the Act and

§ 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 § 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

§§ 751(b)(1) and (d) and § 777(i) of the

Act and 19 CFR § 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

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–506]

Porcelain-on-Steel Cooking Ware From

the People’s Republic of 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

SUMMARY: On January 9, 1998, the

Department of Commerce published its

preliminary results of administrative

review of the antidumping duty order

on porcelain-on-steel cooking ware from

the People’s Republic of China for the

period December 1, 1995, through

November 30, 1996 (63 FR 1434). The

Department of Commerce has now

completed this administrative review in

accordance with section 751(a) of the

Tariff Act of 1930. For information on

the assessment of antidumping duties

for each reviewed company, and for all

non-reviewed companies, see the Final

Results of Review section of this notice.

EFFECTIVE DATE: May 18, 1998.

FOR FURTHER INFORMATION CONTACT:

Lorenza Olivas or Russell Morris, 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.

SUPPLEMENTARY INFORMATION:

Background

On January 9, 1998, the Department of

Commerce published in the Federal

Register its preliminary results of

administrative review of the

antidumping duty order on porcelainon-steel cooking ware from the People’s

Republic of China for the period

December 1, 1995, through November

30, 1996 (63 FR 1434). Pursuant to 19

CFR § 353.22(a), this review covers only

producers or exporters of the subject

merchandise for which a review was
Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices 27263

specifically requested. Accordingly, this

review covers Clover Enamelware

Enterprise, Ltd. of China (Clover), a

manufacturer/exporter, and its thirdcountry reseller, Lucky Enamelware

Factory Ltd., in Hong Kong (Lucky).

We invited interested parties to

comment on the preliminary results.

Our review of the record has not led us

to change our findings from the

preliminary results.

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. In

addition, unless otherwise indicated, all

citations to the Department of

Commerce’s (the Department)

regulations are to 19 CFR Part 353.

Scope of the Review

Imports covered by this review are

shipments of porcelain-on-steel (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 Harmonized Tariff

Schedule (HTS) item 7323.94.00. HTS

items numbers are provided for

convenience and Customs purposes.

The written description of the scope

remains dispositive.

Verification

We verified the questionnaire

responses submitted by Clover and

Lucky, using standard verification

procedures, including on-site inspection

of the manufacturer’s facilities, the

examination of relevant sales and

financial records, and selection of

original documentation containing

relevant information, as provided in

section 782(i) of the Act. Our

verification results are outlined in the

public versions of the verification

reports, which are on file in the Central

Records Unit (Room B–099 of the Main

Commerce Building).

Affiliated Parties

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 parties pursuant to section

771(33) of the Act. As such, and

consistent with prior reviews of this

order, we are assigning Clover and

Lucky a single dumping margin. See

Porcelain-on-Steel Cooking Ware from

the People’s Republic of China; Final

Results of Antidumping Administrative

Review, 62 FR 32758 (June 17, 1997). No

new information or evidence of changed

circumstances has been submitted in

this proceeding to warrant

reconsideration of this finding.

Separate Rates Analysis

Lucky is located outside the People’s

Republic of China (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 manufacturer/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 December 9, 1997, ‘‘Separate Rate

Analysis for Assignment of Separate

Rate for Clover/Lucky in the 1995–1996

Administrative Review 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. No new

information or evidence of changed

circumstances has been submitted in

this proceeding to warrant

reconsideration of this finding.

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. In addition, 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. No new information or

evidence of changed circumstances has

been submitted in this proceeding to

warrant reconsideration of this finding.

Final Results of the Review

We invited interested parties to

comment on our preliminary results. We

received no comments, and the final

results do not differ from the

preliminary results. As a result of our

review, we determine the dumping

margin for Clover Enamelware

Enterprise/Lucky Enamelware Factory

to be 0.81 percent for the period

December 1, 1995 through November

30, 1996.

The Department shall determine, and

the U.S. Customs Service shall assess,

antidumping duties on all appropriate

entries. For assessment purposes, we

intend to calculate importer-specific

assessment rates. The Department will

issue appraisement instructions on each

exporter directly to the U.S. Customs

Service. Furthermore, the following
27264 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices

deposit rates will be effective upon

publication of this notice of final results

of 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 companyspecific rate, which is 0.81 percent,

established in the final results of this

administrative review; (2) for all other

PRC exporters, the cash deposit rate will

be the PRC-wide rate, which is 66.65

percent (the margin of 66.65 percent

continues to be the PRC-wide rate

because no companies representing the

PRC entity were reviewed); (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. These rates

shall remain in effect until publication

of the final results of the next

administrative review.

Notification to Interested Parties

This notice also serves as a final

reminder to importers of their

responsibility under 19 CFR 353.26 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 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 353.34(d)(1). 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 the terms of an

APO is a sanctionable violation.

This administrative review and notice

are in accordance with sections

751(a)(1) and 777(i) of the Act (19 U.S.C.

1675(a)(1); 19 U.S.C. 1677f (i)) and 19

CFR 353.22.

Dated: May 8, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–13136 Filed 5–15–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–201–504]

Porcelain-on-Steel Cookware From

Mexico; Notice of Extension of Time

Limit for Antidumping Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce

EFFECTIVE DATE: May 18, 1998.

FOR FURTHER INFORMATION CONTACT: Kate

Johnson at (202) 482–4929, or Mary

Jenkins at (202) 482–1756, Office of AD/

CVD Enforcement, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C., 20230.

SUMMARY: The Department of Commerce

is extending the time limit for the final

results of the tenth administrative

review of the antidumping duty order

on porcelain-on-steel cookware from

Mexico. The period of review is

December 1, 1995, through November

30, 1996. The extension is made

pursuant to the Tariff Act of 1930, as

amended by the Uruguay Round

Agreements Act.

Postponement

Under the Tariff Act of 1930 (the Act),

the Department of Commerce (the

Department) may extend the deadline

for completion of an administrative

review if it determines it is not

practicable to complete the review

within the statutory time limit. The

Department finds that it is not

practicable to complete the tenth

administrative review of porcelain-onsteel cookware from Mexico within this

time limit due to the complex nature of

certain issues, including duty

reimbursement, in this review which

require further investigation.

In accordance with section

751(a)(3)(A) of the Act, the Department

will extend the time for completion for

the final results of this review to 180

days after the date on which notice of

the preliminary results was published in

the Federal Register.

Maria Harris Tildon,

Acting Deputy Assistant Secretary Import

Administration.

[FR Doc. 98–13137 Filed 5–15–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–377–804, A–533–813, A–560–802, and A–

570–851]

Notice of Postponement of Preliminary

Determinations of Sales at Less Than

Fair Value: Certain Preserved

Mushrooms From Chile, India,

Indonesia and the People’s Republic of

China

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE: May 18, 1998.

FOR FURTHER INFORMATION CONTACT:

David Goldberger or Katherine Johnson,

Office 5, AD/CVD Enforcement Group II,

Import Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, N.W. Washington,

D.C. 20230, telephone: (202) 482–4136,

or (202) 482–4929, respectively.

Postponement of Preliminary

Determinations

On January 26, 1998, 63 FR 5306

(February 2, 1998), the Department

initiated antidumping duty

investigations on imports of Certain

Preserved Mushrooms from Chile, India,

Indonesia, and the People’s Republic of

China. The notice of initiation stated

that we would issue our preliminary

determinations on or before June 15,

1998.

On May 1, 1998, petitioners made a

timely request pursuant to 19 CFR

351.205(e) of the Department’s

regulations for a 40 day postponement

of the preliminary determinations, until

July 27, 1998, pursuant to section

733(c)(1)(A) of the Tariff Act of 1930, as

amended (the Act). Petitioners

requested postponements in order to

provide the Department with additional

time to respond to alleged deficiencies

in the questionnaire responses, and to

ensure that the preliminary

determinations for Chile and India

include below cost analyses.

Accordingly, we are postponing the

preliminary determinations under

section 733(c)(1)(A) of the Act for an

additional 40 days. We will make our

preliminary determinations no later

than July 27, 1998.

This notice is published pursuant to

section 733(c)(2) of the Act and 19 CFR

351.205(f).

Dated: May 8, 1998.

Maria Harris Tildon,

Acting Deputy Assistant Secretary Import

Administration.

[FR Doc. 98–13043 Filed 5–15–98; 8:45 am]

BILLING CODE 3510–DS–P