[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Notices]
[Pages 27262-27264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13136]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-506]
Porcelain-on-Steel Cooking Ware From the People's Republic of
China; 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 January 9, 1998, the Department of Commerce published its
preliminary results of administrative review of the antidumping duty
order on porcelain-on-steel cooking ware from the People's Republic of
China for the period December 1, 1995, through November 30, 1996 (63 FR
1434). The Department of Commerce has now completed this administrative
review in accordance with section 751(a) of the Tariff Act of 1930. For
information on the assessment of antidumping duties for each reviewed
company, and for all non-reviewed companies, see the Final Results of
Review section of this notice.
EFFECTIVE DATE: May 18, 1998.
FOR FURTHER INFORMATION CONTACT: Lorenza Olivas or Russell Morris,
Office of CVD/AD Enforcement VI, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington D.C. 20230; telephone: (202) 482-
2786.
SUPPLEMENTARY INFORMATION:
Background
On January 9, 1998, the Department of Commerce published in the
Federal Register its preliminary results of administrative review of
the antidumping duty order on porcelain-on-steel cooking ware from the
People's Republic of China for the period December 1, 1995, through
November 30, 1996 (63 FR 1434). Pursuant to 19 CFR Sec. 353.22(a), this
review covers only producers or exporters of the subject merchandise
for which a review was
[[Page 27263]]
specifically requested. Accordingly, this review covers Clover
Enamelware Enterprise, Ltd. of China (Clover), a manufacturer/exporter,
and its third-country reseller, Lucky Enamelware Factory Ltd., in Hong
Kong (Lucky).
We invited interested parties to comment on the preliminary
results. Our review of the record has not led us to change our findings
from the preliminary results.
Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions as of January 1, 1995, the effective date
of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act. In addition, unless otherwise indicated,
all citations to the Department of Commerce's (the Department)
regulations are to 19 CFR Part 353.
Scope of the Review
Imports covered by this review are shipments of porcelain-on-steel
(POS) 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.
The merchandise is currently classifiable under the Harmonized Tariff
Schedule (HTS) item 7323.94.00. HTS items numbers are provided for
convenience and Customs purposes. The written description of the scope
remains dispositive.
Verification
We verified the questionnaire responses submitted by Clover and
Lucky, using standard verification procedures, including on-site
inspection of the manufacturer's facilities, the examination of
relevant sales and financial records, and selection of original
documentation containing relevant information, as provided in section
782(i) of the Act. Our verification results are outlined in the public
versions of the verification reports, which are on file in the Central
Records Unit (Room B-099 of the Main Commerce Building).
Affiliated Parties
Clover is two-thirds owned by Lucky and, therefore, Lucky holds
controlling interest in Clover. Due to Lucky's ownership interest in
Clover, and the fact that the same individual is the general manager at
both companies, we consider Clover and Lucky to be affiliated parties
pursuant to section 771(33) of the Act. As such, and consistent with
prior reviews of this order, we are assigning Clover and Lucky a single
dumping margin. See Porcelain-on-Steel Cooking Ware from the People's
Republic of China; Final Results of Antidumping Administrative Review,
62 FR 32758 (June 17, 1997). No new information or evidence of changed
circumstances has been submitted in this proceeding to warrant
reconsideration of this finding.
Separate Rates Analysis
Lucky is located outside the People's Republic of China (PRC) and
there is no PRC ownership of the company. Therefore, we determine that
no separate rates analysis is required for this third-country reseller
because it is beyond the jurisdiction of the PRC government. See Final
Determination of Sales at Less Than Fair Value; Disposable Pocket
Lighters from the People's Republic of China (60 FR 22359, 22361; May
5, 1995). Clover is partially owned by a PRC government company and,
therefore, a separate rates analysis is necessary to determine whether
this manufacturer/exporter is independent from government control.
To establish whether a company is sufficiently independent to be
entitled to a separate rate, the Department analyzes each exporting
entity under the test established in the Final Determination of Sales
at Less Than Fair Value: Sparklers from the People's Republic of China,
56 FR 20588 (May 6, 1991) (Sparklers), as amplified in Final
Determination of Sales at Less Than Fair Value: Silicon Carbide from
the People's Republic of China, 59 FR 22585 (May 2, 1994) (Silicon
Carbide). Under this policy, exporters in non-market-economy (NME)
countries are entitled to separate, company-specific margins when they
can demonstrate an absence of government control, both in law (de jure)
and in fact (de facto), with respect to exports.
1. Absence of De Jure Control
Evidence supporting, though not requiring, a finding of de jure
absence of government control includes: (1) An absence of restrictive
stipulations associated with an individual exporter's business and
export licenses; (2) any legislative enactments decentralizing control
of companies; and (3) any other formal measures by the government
decentralizing control of companies. Clover's submissions pertaining to
legislative enactments and the terms of its Enterprise Legal Person
Operation License demonstrate the absence of de jure control. (See
Memorandum from Kelly Parkhill to Barbara E. Tillman, dated December 9,
1997, ``Separate Rate Analysis for Assignment of Separate Rate for
Clover/Lucky in the 1995-1996 Administrative Review of POS Cooking Ware
from the People's Republic of China'' (Separate Rate Memorandum), which
is a public document on file in the Central Records Unit. No new
information or evidence of changed circumstances has been submitted in
this proceeding to warrant reconsideration of this finding.
2. Absence of De Facto Control
De facto absence of government control with respect to exports is
based on four criteria: (1) whether the export prices are set by or
subject to the approval of a government authority; (2) whether each
exporter retains the proceeds from its sales and makes independent
decisions regarding the disposition of profits and financing of losses;
(3) whether each exporter has autonomy in making decisions regarding
the selection of management; and (4) whether each exporter has the
authority to negotiate and sign contracts. See Silicon Carbide at
22587.
With respect to de facto absence of government control, the
information submitted by Clover in the questionnaire response indicates
the following: (1) no government entity exercises control over its
export prices; (2) it negotiates contracts without guidance from any
governmental entities or organizations; (3) it makes its own personnel
decisions; and (4) it retains the proceeds of its export sales,
utilizing profits to provide dividends to shareholders. In addition, it
has the authority to seek out loans at market interest rates. This
information supports the finding that there is de facto absence of
governmental control of export functions. No new information or
evidence of changed circumstances has been submitted in this proceeding
to warrant reconsideration of this finding.
Final Results of the Review
We invited interested parties to comment on our preliminary
results. We received no comments, and the final results do not differ
from the preliminary results. As a result of our review, we determine
the dumping margin for Clover Enamelware Enterprise/Lucky Enamelware
Factory to be 0.81 percent for the period December 1, 1995 through
November 30, 1996.
The Department shall determine, and the U.S. Customs Service shall
assess, antidumping duties on all appropriate entries. For assessment
purposes, we intend to calculate importer-specific assessment rates.
The Department will issue appraisement instructions on each exporter
directly to the U.S. Customs Service. Furthermore, the following
[[Page 27264]]
deposit rates will be effective upon publication of this notice of
final results of review for all shipments of POS cooking ware from the
PRC entered, or withdrawn from warehouse, for consumption on or after
the publication date, as provided for by section 751(a)(2)(c) of the
Act: (1) for Clover/Lucky, which has a separate rate, the cash deposit
rate will be the company-specific rate, which is 0.81 percent,
established in the final results of this administrative review; (2) for
all other PRC exporters, the cash deposit rate will be the PRC-wide
rate, which is 66.65 percent (the margin of 66.65 percent continues to
be the PRC-wide rate because no companies representing the PRC entity
were reviewed); (3) the cash deposit rates for non-PRC exporters of
subject merchandise from the PRC will be the rates applicable to the
PRC supplier of that exporter. These rates shall remain in effect until
publication of the final results of the next administrative review.
Notification to Interested Parties
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 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 double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d)(1). Timely written notification
of the 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.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act (19 U.S.C. 1675(a)(1); 19
U.S.C. 1677f (i)) and 19 CFR 353.22.
Dated: May 8, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-13136 Filed 5-15-98; 8:45 am]
BILLING CODE 3510-DS-P