[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Notices]
[Page 53350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26221]
[[Page 53350]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-504]
Porcelain-on-Steel Cooking Ware From Mexico; Amended Final
Results of Antidumping Duty Administrative Review in Accordance With
Decision Upon Remand
AGENCY: International Trade Administration, Import Administration,
Department of Commerce.
ACTION: Notice of amendment to final results of antidumping duty
administrative review in accordance with decision upon remand.
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SUMMARY: As a result of a remand from a Binational Panel (the Panel),
convened pursuant to the North American Free Trade Agreement (NAFTA),
the Department of Commerce (the Department) is amending its final
results of administrative review of the antidumping duty order on
porcelain-on-steel cooking ware from Mexico, published in the Federal
Register on January 9, 1995 (60 FR 6889). The Department has
determined, in accordance with the instruction of the Panel, the
dumping margin for entries of porcelain-on-steel cooking ware from
Mexico made during the period December 1, 1990 through November 30,
1991 to be 9.82 percent.
EFFECTIVE DATE: October 11, 1996.
FOR FURTHER INFORMATION CONTACT: Lorenza Olivas or Richard Herring,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th & Constitution Avenue, N.W., Washington,
D.C. 20230; telephone (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On January 9, 1995, the Department published in the Federal
Register (60 FR 2378) the final results of its fifth administrative
review of the antidumping duty order on porcelain-on-steel cooking ware
from Mexico. On February 8, 1995, the Department amended its final
results (60 FR 7521). The review covered the period December 1, 1990
through November 30, 1991.
Subsequent to the amended final results, CINSA, S.A., one of two
respondents, challenged the Department's findings and requested that
the Panel review the final results of review. Thereafter, the Panel
remanded the Department's final results with respect to two issues
only. Specifically, the Panel directed the Department (1) to apply the
Department's tax-neutral VAT adjustment methodology which was approved
by the Court of Appeals for the Federal Circuit in Federal Mogul v.
United States, 63 F.3d 1572 (Fed. Cir. 1995) and (2) to either correct
CINSA's clerical error, or allow CINSA to present data sufficient to
allow the Department to correct the clerical error. The Department made
the tax-neutral VAT adjustment and recalculated the cost of Item No.
10158, the item affected by the clerical error. The Department
submitted its remand determination on June 14, 1996.
On July 19, 1996, the Panel affirmed the remand determination of
the Department. As a result, the margin for CINSA was reduced from
27.96 percent to 9.82 percent.
Results of Remand
VAT Tax Methodology
In accordance with the order from the Panel, the Department applied
a tax-neutral VAT adjustment methodology. Specifically, the Department
added the VAT tax to U.S. price rather than subtracting it from home
market price. See Federal Mogul, 1572 F.3d at 1577, 1580.
Clerical Error
In accordance with the order from the Panel, the Department made a
correction to the total cost of Item No. 10158 to account for a
clerical error. Although Item No. 10158 was sold in boxes containing
two units, CINSA had reported each box as a single unit. To comply with
the remand, the Department has recalculated the cost of Item No. 10158
by dividing the cost of producing such item by two.
As a result of our comparison of U.S. price to foreign market
value, we determine that an antidumping margin of 9.82 percent exists
for CINSA for the period December 1, 1990 through November 30, 1991.
The Department will instruct the Customs Service to assess
antidumping duties on all appropriate entries. Individual differences
between U.S. price and foreign market value may vary from the
percentage stated above. The Department will issue appraisement
instructions directly to the Customs Service. The Department will also
instruct the Customs Service to collect duty deposits of 9.82 percent
on all shipments of the subject merchandise manufactured by CINSA
entered, or withdrawn from warehouse, for consumption on or after the
publication date of these amended final results of review.
This amendment to the final results of antidumping duty
administrative review notice is in accordance with section 751(a)(1) of
the Tariff Act (19 U.S.C. 1675(a)(1)) and Sec. 353.22 of the
Department's regulations (19 CFR 353.22 (1989)).
Dated: October 4, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-26221 Filed 10-10-96; 8:45 am]
BILLING CODE 3510-DS-P