[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Notices]
[Pages 56443-56444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19275]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-601, A-583-603]


Top-of-the-Stove Stainless Steel Cooking Ware from the Republic 
of Korea and Taiwan; Final Results of the Expedited Sunset Reviews of 
the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 1, 2005, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
on top-of-the-stove stainless steel cooking ware (``cooking ware'') 
from the Republic of Korea (``Korea'') and Taiwan pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). The 
Department conducted expedited (120-day) sunset reviews of these 
orders. As a result of these sunset reviews, the Department finds that 
revocation of the antidumping duty orders would be likely to lead to 
continuation or recurrence of dumping. The dumping margins are 
identified in the Final Results of Reviews section of this notice.

EFFECTIVE DATE: September 27, 2005.

FOR FURTHER INFORMATION CONTACT: Zev Primor, AD/CVD Operations, Office 
IV, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4114.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2005, the Department published the notice of initiation 
of the second sunset reviews of the antidumping duty orders on cooking 
ware from Korea and Taiwan pursuant to section 751(c) of the Act. See 
Initiation of Five-Year (``Sunset'') Reviews, 70 FR 9919 (March 1, 
2005). The Department received the Notice of Intent to Participate from 
Regal Ware, Inc.; Vita Craft Corporation; and Paper Allied Industrial 
Chemical & Energy Workers (Local 7-0850) (collectively ``the domestic 
interested parties''), within the deadline specified in 19 CFR 
351.218(d)(1)(i) (``Sunset Regulations''). The domestic interested 
parties claimed interested party status under sections 771(9)(C) and 
(D) of the Act, as manufacturers of a domestic-like product in the 
United States, and unions whose workers are engaged in the production 
of a domestic-like product in the United States.
    We received complete substantive responses from the domestic 
interested parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). We received no responses from respondent interested 
parties with respect to any of the orders covered by these sunset 
reviews. As a result, pursuant to section 751(c)(4)(A) of the Act and 
19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited 
(120-day) sunset reviews of these orders for Korea and Taiwan.

Scope of the Orders

    The merchandise subject to these antidumping orders is cooking ware 
from Korea and Taiwan. The subject merchandise is all non-electric 
cooking ware of stainless steel which may have one or more layers of 
aluminum, copper or carbon steel for more even heat distribution. The 
subject merchandise includes skillets, frying pans, omelette pans, 
saucepans, double boilers, stock pots, dutch ovens, casseroles, 
steamers, and other stainless steel vessels, all for cooking on stove 
top burners, except tea kettles and fish poachers. Excluded from the 
scope of the orders are stainless steel oven ware and stainless steel 
kitchen ware. The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (``HTSUS'') item 
numbers 7323.93.00 and 9604.00.00. The HTSUS item numbers are provided 
for convenience and Customs purposes only. The written description 
remains dispositive.
    The Department has issued several scope clarifications for these 
orders. The Department found that ``universal pan lids'' are not within 
the scope of the orders (57 FR 57420 (December 4, 1992)) and Max 
Burton's StoveTop Smoker is within the scope of the orders (60 FR 36782 
(July 18, 1995)). Certain stainless steel pasta and steamer inserts (63 
FR 41545 (August 4, 1998)), certain stainless steel eight-cup coffee 
percolators (58 FR 11209, February 24, 1993), and certain stainless 
steel stock pots and covers are within the scope of

[[Page 56444]]

the orders (57 FR 57420 (December 4, 1992)). Moreover, as a result of a 
changed circumstances review, the Department revoked the orders in part 
with respect to certain stainless steel camping ware: (1) made of 
single-ply stainless steel having a thickness no greater than 6.0 
millimeters; and (2) consisting of 1.0, 1.5, and 2.0 quart saucepans 
without handles and with lids that also serve as fry pans (62 FR 3662 
(January 24, 1997)).

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited Sunset Reviews of the 
Antidumping Duty Orders on Top-of-the-Stove Stainless Steel Cooking 
Ware from the Republic of Korea and Taiwan (``Decision Memorandum'') 
from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for 
Import Administration, dated September 27, 2005, which is hereby 
adopted by this notice. The issues discussed in the Decision Memorandum 
include the likelihood of continuation or recurrence of dumping and the 
magnitude of the margins likely to prevail if the orders were to be 
revoked. Parties can find a complete discussion of all issues raised in 
these reviews and the corresponding recommendations in this public 
memorandum which is on file in room B-099 of the main Commerce 
building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
cooking ware from Korea and Taiwan would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
Korea...............................................
Bum Koo Industrial Co., Ltd.........................              *31.23
Dae Sung Industrial Co., Ltd........................                6.11
Hai Dong Stainless Industries, Co...................               12.14
Kyung Dong Industrial Co., Ltd......................                8.36
Namil Metal Co. Ltd.................................                0.75
All Others..........................................                8.10
Taiwan..............................................
Golden Lion Metal Industry Co., Ltd.................               15.08
Lyi Mean Industrial Co., Ltd........................               26.10
Song Far Industry Co., Ltd..........................               25.90
All Others..........................................               22.61
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 20, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-19275 Filed 9-26-05; 8:45 am]
Billing Code: 3510-DS-S