[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Notices]
[Pages 8426-8427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4510]
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DEPARTMENT OF COMMERCE
[A-560-801, A-570-844, A-583-825]
Notice of Antidumping Duty Orders and Amendment to Final
Determination: Melamine Institutional Dinnerware Products From
Indonesia, the People's Republic of China, and Taiwan
agency: Import Administration, International Trade Administration,
Department of Commerce.
effective date: February 25, 1997.
for further information contact: Everett Kelly or David J. Goldberger,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone: (202) 482-4194, or (202) 482-4136,
respectively.
Amended Final Determination
In accordance with section 735(a) of the Tariff Act of 1930, as
amended (the Act), on January 6, 1997, the Department of Commerce (the
Department) made its final determinations that melamine institutional
dinnerware from Indonesia, the People's Republic of China (PRC), and
Taiwan is being sold at less than fair value (62 FR 1708-1733, January
13, 1997).
After publication of our final determinations, the American
Melamine Institutional Dinnerware Association, the petitioner in these
cases, alleged that the Department committed certain ministerial errors
in calculating the margins in these investigations. We have determined
that ministerial errors were committed in calculating the margin from
the Indonesian respondent P.T. Multi Rayah Indah Abah (Multiraya) (See,
Memoranda to the file dated January 31, 1997, and February 3, 1997).
We are amending the final determination of the antidumping
investigation of melamine institutional dinnerware from Indonesia to
correct the ministerial error in the calculation for Multiraya. The
correct cash deposit rate for Multiraya and the ``all others'' category
producers/exporters of the subject merchandise from Indonesia is 8.95
percent.
With respect to the Department's final determinations for melamine
institutional dinnerware from the PRC and Taiwan, the Department
determined that certain corrections to these determinations were
appropriate (see Memoranda to the file dated January 30 (Taiwan) and 31
(PRC), 1997). However, these corrections did not alter the margin
percentages in the Taiwan case, nor alter the de minimis finding in the
PRC case. Therefore, no amendments to the final determinations are
necessary.
Scope of Orders
The merchandise covered by these orders is all items of dinnerware
(e.g., plates, cups, saucers, bowls, creamers, gravy boats, serving
dishes, platters, and trays) that contain at least 50 percent melamine
by weight, have a minimum wall thickness of 0.08 inch, and are intended
for use by institutions such as schools, hospitals, cafeterias,
restaurants, and nursing homes. Melamine dinnerware that meets the
physical characteristics described above that is generally sold to the
retail sector and intended for use by households is not covered by
these orders. Excluded as well from the scope of these orders are
flatware products (e.g., knives, forks, and spoons).
The merchandise is classifiable under subheadings 3924.10.20,
3924.10.30, and 3924.10.50 of the Harmonized Tariff Schedule of the
United States (HTSUS).
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of these orders
is dispositive.
Antidumping Duty Orders
In accordance with section 735(a) of the Act, the Department made
its final determinations that melamine institutional dinnerware from
Indonesia, the PRC, and Taiwan is being sold at less than fair value
(62 FR 1708-1733, January 13, 1997). On February 18, 1997, the
International Trade
[[Page 8427]]
Commission (ITC) notified the Department of its final determination,
pursuant to section 735(b)(1)(A)(i) of the Act, that an industry in the
United States is materially injured by reason of imports of the subject
merchandise from Indonesia, the PRC, and Taiwan. In its final
determination, the ITC determined that two like products exist for the
merchandise covered by the Commerce investigations: (a) Melamine
dinnerware for institutional uses, and (b) melamine dinnerware for non-
institutional uses. The ITC's affirmative injury determination covered
only melamine dinnerware for institutional uses. Accordingly, the scope
of the antidumping duty orders, as described above, reflects the ITC's
distinction between institutional and non-institutional uses.
In accordance with section 736(a)(1) of the Act, the Department
will direct Customs officers to assess, upon further advice by the
administering authority, antidumping duties equal to the amount by
which the normal value of the merchandise exceeds the export price (or
the constructed export price) of the merchandise for all relevant
entries of melamine institutional dinnerware from Indonesia, the PRC,
and Taiwan, except for imports from the PRC manufactured and sold to
the United States by Chen Hao (Xiamen) Plastic Industrial Co. Ltd.
(``Chen Hao Xiamen''), Gin Harvest Melamine (Heyuan) Enterprises Co.
Ltd. (``Gin Harvest''), and Sam Choan Plastic Co. Ltd. (``Sam Choan''),
and for imports from Taiwan sold by Yu Cheer Industrial Co., Ltd. (``Yu
Cheer''). Accordingly, all bonds may be released and entries of these
exporters may be liquidated without regard to antidumping duties. For
all other exporters, Customs officers must require, at the same time as
importers would normally deposit estimated duties on this merchandise,
a cash deposit equal to the estimated weighted-average antidumping duty
margins as noted below. The ``All Others'' or ``PRC-wide'' rate listed
for each country applies to all exporters of melamine institutional
dinnerware not specifically listed below. For melamine dinnerware
products intended for sale to the retail sector and for use by
households, importers shall maintain on file a declaration as to the
intended use of the imported merchandise. If the Customs officer is
satisfied that the intended use of the imported merchandise is not for
institutional purposes, the entry will not be covered by this order.
The ad valorem weighted-average dumping margins are as follows:
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Producer/manufacturer/exporter Margin percentage
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I. Indonesia:
P.T. Mayer Crocodile.................. 12.90.
P.T. Multi Raya Indah Abah............ 8.95.
All Others............................ 8.95.
II. People's Republic of China: ..............................
Chen Hao (Xiamen) Plastic Industrial 0.46
Co. Ltd. (de minimis).
Gin Harvest Melamine (Heyuan) 0.47
Enterprises Co. Ltd. (de minimis).
Sam Choan Plastic Co. Ltd............. 0.04
(de minimis).
Tar-Hong Melamine Xiamen Co. Ltd...... 2.74.
PRC-Wide Rate......................... 7.06.
III. Taiwan:
Chen Hao Plastic Industrial Co., Ltd.. 3.25.
Yu Cheer Industrial Co., Ltd.......... 0.00.
IKEA Trading Far East Ltd............. 53.13.
Gallant Chemical Corporation.......... 53.13.
All Others............................ 3.25.
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This notice constitutes the antidumping duty orders with respect to
melamine institutional dinnerware from Indonesia, the PRC, and Taiwan.
The Department is excluding from the application of the orders products
from Taiwan manufactured and sold to the United States by Yu Cheer. The
Department is also excluding products from the PRC that are
manufactured and sold to the United States by Chen Hao Xiamen, Gin
Harvest, and Sam Choan; however, the ad valorem weighted-average
dumping margin applicable to melamine institutional dinnerware
manufactured by any other PRC manufacturer and exported by any of these
companies is 7.06 percent (the PRC-wide rate).
Interested parties may contact the Central Records Unit, Room B-099
of the Main Commerce Building, for copies of an updated list of
antidumping duty orders currently in effect.
These orders are published in accordance with section 736(a) of the
Act.
Dated: February 18, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-4510 Filed 2-24-97; 8:45 am]
BILLING CODE 3510-DS-M