[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Notices]
[Pages 7521-7522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3134]



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DEPARTMENT OF COMMERCE
[A-201-504]


Porcelain-on-Steel Cooking Ware From Mexico; Amendment to Final 
Results of Antidumping Administrative Review

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

ACTION: Notice of amendment to final results of Antidumping Duty 
Administrative Review.

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SUMMARY: We are amending the final results of our administrative review 
of the antidumping duty order on porcelain-on-steel cooking ware from 
Mexico, published on January 9, 1995 (60 FR 2378). The amended notice 
reflects the correction of a ministerial error made in the calculation 
of cost of production in the final results. We are publishing this 
amendment in accordance with 19 CFR 353.28(c).

EFFECTIVE DATE: February 8, 1995.

FOR FURTHER INFORMATION CONTACT: Lorenza Olivas or Rick Herring, Office 
of Countervailing Compliance, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
2786.

SUPPLEMENTARY INFORMATION:

Background

    The review covered two exporters, CINSA, S.A., and Acero 
Porcelanizado, S.A. (APSA), and the period December 1, 1990 through 
November 30, 1991. The Department of Commerce (the Department) 
published the preliminary results on February 11, 1994 (59 FR 6616), 
and the final results on January 9, 1995 (60 FR 2378) of its 
administrative review of the antidumping duty order on porcelain-on-
steel cooking ware from Mexico (58 FR 43327).

Scope of Review

    Imports covered by this review are shipments of porcelain-on-steel 
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. This 
merchandise is currently classifiable under Harmonized Tariff Schedule 
(HTS) item number 7323.94.00. Kitchenware currently entering under HTS 
item number 7323.94.00.30 is not subject to the order. The HTS item 
number is provided for convenience and Customs purposes. The written 
description remains dispositive.

Amendment of Final Results

    On January 13, 1995, CINSA, S.A., alleged that the Department made 
a clerical error in calculating the cost of production. CINSA argues 
that, in accounting for the effects of inflation on depreciation 
expense, the Department overstated the cost of production by applying 
an incorrect factor to fixed overhead expense.
    Petitioner argues that the Department accurately implemented its 
intention in calculating the cost of production.
    We agree with CINSA. We reviewed our calculation and have 
determined that the computer instructions applied an incorrect factor 
to total fixed overhead. Our intent was to account only for the effects 
of inflation on depreciation expense because all other 
[[Page 7522]] fixed overhead costs already reflected inflation. We 
have, therefore, amended our calculation of fixed overhead by applying 
a factor to fixed overhead to account only for the effects of inflation 
on depreciation expense.

Final Results of Review

    Upon review of comments submitted, the Department has determined 
the margin for CINSA to be 13.35 percent for the period December 1, 
1990 through November 30, 1991. The Customs Service shall assess 
antidumping duties on all appropriate entries.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise, entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
these amended final results of review, as provided for by section 
751(a)(1) Tariff Act of 1930, as amended (the Act): (1) the cash 
deposit rate for CINSA will be 13.35 percent as outlined above; (2) the 
cash deposit rate for APSA will continue to be 4.66 percent, 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), 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 exporters will be 29.52 percent, the ``all others'' rate 
established in the LTFV investigation. See, Floral Trade Council v. 
United States, Slip Op. 93-79, and Federal Mogul Corp. v. United 
States, Slip Op. 93-83.
    These deposit requirements, when imposed, 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 353.26 to file a certificate regarding the 
reimbursement of antidumping duties prior to liquidation of the 
relevant entries during the 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.
    In addition, this notice serves as a 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 353.34(d). Timely written notification or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of the APO is a sanctionable 
violation.
    This notice is in accordance with sections 751(f) of the Act (19 
U.S.C. 1675(f)) and 19 CFR 353.28(c).

    Dated: February 2, 1995.
Susan G. Esserman,
Assistant Secretary, for Import Administration.
[FR Doc. 95-3134 Filed 2-7-95; 8:45 am]
BILLING CODE 3510-DS-P