Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices 27261

to the Department of Commerce’s (‘‘the

Department’s’’) regulations are to the

regulations as codified at 19 CFR Part

353 (April 1, 1997).

SUPPLEMENTARY INFORMATION:

Background

On April 9, 1996, the Department

published its final results of

administrative review in the case of

Certain Cut-to-Length Carbon Steel Plate

from Sweden; Final Results of

Antidumping Duty Administrative

Review, 61 FR 15772 (‘‘Final Results’’).

The review covered one manufacturer/

exporter, SSAB Svenskt Stal AB

(‘‘SSAB’’), of the subject merchandise

for the period February 4, 1993, through

July 31, 1994. Subsequently, SSAB filed

a lawsuit with the U.S. Court of

International Trade (‘‘CIT’’) challenging

the results.

In the context of this litigation, the

Department requested a remand to

reconsider the propriety of making an

adjustment for post-sale price

adjustments (‘‘PSPAs’’). The CIT granted

this remand on August 29, 1997. On

remand, through an examination of the

record, the Department found that all

rebates were made on either a fixed or

constant percentage-of-sales value or on

a fixed and constant Swedish Kronerper-ton of total tonnage sold. Therefore,

the Department determined that these

PSPAs qualified as adjustments to

foreign market value.

The Department filed its

redetermination with the Court of

International Trade (‘‘CIT’’) on October

29, 1997. See Final Results of

Redetermination on Remand, SSAB

Svenskt Stal AB v. United States, Court

No. 96–05–01372, Slip Op. 97–123

(August 29, 1997) (‘‘Remand Results’’).

In its Remand Results, the Department

stated that it would ‘‘instruct the

Customs Service to collect cash deposits

at the above rate [of 7.25%] for entries

from SSAB of cut-to-length carbon steel

plate from Sweden’’ (Remand Results at

4). Since then, parties and the CIT have

agreed that such instructions would be

incorrect because the Department has

published subsequent administrative

reviews that govern future cash

deposits. Therefore, cash deposit rates

will be governed not by the rate

published in the Remand Results, but

by the most recently completed

administrative review, according to the

Department’s normal procedures. See

Certain Cut-to-Length Carbon Steel Plate

from Sweden; Final Results of

Antidumping Duty Administrative

Review, 62 FR 46947 (September 5,

1997).

On January 13, 1998, the CIT affirmed

the Department’s final remand results

(with the exception noted above), Slip

Op. 98–3. As there is now a final and

conclusive court decision in this action,

we are amending our final results of

review in this matter and we will

instruct the U.S. Customs Service to

liquidate entries subject to this review

in accordance with the remand results.

Amendment to Final Results

Pursuant to 516A(e) of the Tariff Act,

we are now amending the final results

of administrative review of the

antidumping duty order on certain cutto-length carbon steel plate from

Sweden for the period February 4, 1993,

through July 31, 1994. As a result of the

remand determination, the final

weighted-average margin for SSAB is as

follows:

Manufacturer/exporter Margin

(percent)

SSAB .......................................... 7.25

Accordingly, the Department shall

determine, and the U.S. Customs

Service shall assess appropriate

antidumping duties on entries of the

subject merchandise manufactured by

SSAB. We calculated an importerspecific ad valorem duty assessment

rate for the merchandise based on the

ratio of the total amount of antidumping

duties calculated for the examined sales

during the POR to the total quantity of

sales examined during the POR. To

determine the amount of antidumping

duties on those U.S. sales for which the

Department assigned a margin based on

the best information available (‘‘BIA’’),

we calculated a unit duty rate (based on

the BIA rate of 24.23%) for all BIA sales.

Consequently, the assessment rate for

SSAB represents a weighted-average of

the total amount of antidumping duties

for non-BIA sales and the total amount

of antidumping duties for BIA sales.

Individual differences between U.S.

price and normal value may vary from

the percentages stated above. The

Department will issue appraisement

instructions to the U.S. Customs Service

after publication of this amended final

results of review.

This determination is issued and

published in accordance with sections

751(a)(1) and 777(i)(1) of the Tariff Act.

Dated: May 7, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–13047 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 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.

SUMMARY: On August 27, 1997, the

Department of Commerce initiated a

changed circumstances antidumping

duty administrative review of the

antidumping duty order on porcelainon-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 § 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
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