[Federal Register Volume 66, Number 41 (Thursday, March 1, 2001)]
[Notices]
[Pages 12926-12927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5012]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-504]


Porcelain-on-Steel Cookware From Mexico: 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.

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SUMMARY: On October 24, 2000, the Department of Commerce published the 
preliminary results of the thirteenth administrative review of the 
antidumping duty order on porcelain-on-steel cookware from Mexico. The 
review covers two manufacturers/exporters. The period of review is 
December 1, 1998, through November 30, 1999.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section entitled 
``Final Results of Review.''

EFFECTIVE DATE: March 1, 2001.

FOR FURTHER INFORMATION CONTACT: Dinah McDougall or Rebecca Trainor, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, Washington, DC 20230; telephone: (202) 482-3773 
or (202) 482-4007, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (1999).

Background

    The review covers two manufacturers/exporters, Cinsa, S.A. de C.V. 
(Cinsa) and Esmaltaciones de Norte America, S.A. de C.V. (ENASA). The 
period of review (POR) is December 1, 1998, through November 30, 1999.
    On October 24, 2000, the Department published in the Federal 
Register the preliminary results of the thirteenth antidumping duty 
administrative review of the antidumping duty order on porcelain-on-
steel cookware from Mexico (65 FR 63562). We invited parties to comment 
on the preliminary results of review. We received case briefs from the 
petitioners and respondents on November 27, 2000. We received rebuttal 
briefs from petitioners and respondents on December 4, 2000. We held a 
public hearing on December 12, 2000. We have conducted this 
administrative review in accordance with section 751 of the Act.

Scope of Review

    The products covered by this review are porcelain-on-steel 
cookware, including tea kettles, which do not have self-contained 
heating elements. All of the foregoing are constructed of steel and are 
enameled or glazed with vitreous glasses. This merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 7323.94.00. Kitchenware currently classifiable under 
HTSUS subheading 7323.94.00.30 is not subject to the order. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this proceeding is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping duty administrative review are addressed in the 
``Issues and Decision Memorandum'' (Decision Memo) from Richard W. 
Moreland, Deputy Assistant Secretary for Import Administration, to 
Bernard T. Carreau, fulfilling the duties of Assistant Secretary for 
Import Administration, dated February 21, 2001, which is hereby adopted 
by this notice. A list of the issues which parties have raised and to 
which we have responded, all of which are in the Decision Memo, is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Records Unit, room B-099 of the main Department building. In 
addition, a complete version of the

[[Page 12927]]

Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/. The paper copy and electronic version of the Decision 
Memo are identical in content.

Changes From the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes to the margin calculations. For a discussion of these changes, 
see the ``Margin Calculations'' section of the Decision Memo, which is 
on file in room B-099 at the Department and available on the Web at 
http://ia.ita.doc.gov/.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist for the period December 1, 1998, through November 30, 1999:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Cinsa.......................................................       10.39
ENASA.......................................................       17.69
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated importer-specific assessment rates. 
We will direct Customs to assess the resulting percentage margins 
against the entered Customs values for the subject merchandise on each 
importer's entries under the relevant order during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of porcelain-on-steel cookware from Mexico 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(1) of the Act: (1) 
The cash deposit rates for Cinsa and ENASA will be the rates shown 
above; (2) for previously reviewed or investigated companies not listed 
above, the cash deposit rate will continue to be the company-specific 
rate published for the most recent period; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 29.52. 
This rate is the ``All Others'' rate from the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.
    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: February 21, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.

Appendix--List of Issues

1. Use of Partial Adverse Facts Available
2. Use of an Adverse Inference
3. Selection of the Adverse Facts Available Rate
4. Adjustment of Enamel Frit Prices
5. Calculation of General and Administrative Expenses
6. Treatment of Discounts and Rebates
7. Indirect Selling Expenses
8. Calculation of CEP Profit
9. CEP Offset Adjustment
10. Clerical Errors--Application of Facts Available Margins
[FR Doc. 01-5012 Filed 2-28-01; 8:45 am]
BILLING CODE 3510-DS-P