[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Notices]
[Pages 43594-43595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21928]



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_______________________________________________________________________

Part V





Department of Commerce





_______________________________________________________________________



International Trade Administration



_______________________________________________________________________



Porcelain-on-Steel Cookware From Mexico; Amended Final Results of 
Antidumping Duty Administrative Review; Notice

  Federal Register / Vol. 63, No. 156 / Thursday, August 13, 1998 / 
Notices  

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DEPARTMENT OF COMMERCE

International Trade Administration
[A-201-504]


Porcelain-on-Steel Cookware From Mexico: Notice of Amended Final 
Results of Antidumping Duty Administrative Review

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

EFFECTIVE DATE: August 13, 1998.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson 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) 482-4929 or (202) 482-4136, 
respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930, as amended (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 the provisions codified at 19 CFR Part 
353 (April 1997).

Scope of the Review

    The merchandise covered by this review is porcelain-on-steel 
cookware, including tea kettles, that 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 
of the United States (HTSUS) subheading 7323.94.00. Kitchenware 
currently entering under HTSUS subheading 7323.94.00.30 is not subject 
to the order. Although the HTSUS subheadings are provided for 
convenience and Customs purposes, our written description of the scope 
of this proceeding is dispositive.

Amendment of Final Results

    On July 16, 1998, the Department of Commerce (the Department) 
published the final results of the administrative review of the 
antidumping duty order on porcelain-on-steel cookware from Mexico (63 
FR 38373). This review covered Cinsa, S.A. de C.V. (Cinsa) and 
Esmaltaciones de Norte America, S.A. de C.V. (ENASA), exporters of the 
subject merchandise to the United States. The period of review (POR) is 
December 1, 1995, through November 30, 1996.
    On July 23, 1998, counsel for respondents filed an allegation of a 
ministerial error with regard to the final results in this review. See 
August 7, 1998, Memorandum from the Team to Louis Apple for a detailed 
description of respondents' allegation.
    Comment: Use of Incorrect Exchange Rates.
    Respondents alleged that the Department made a ministerial error, 
as defined in 19 CFR 353.28(d), by inadvertently using the 40-day 
rolling average exchange rates rather than daily exchange rates, as 
certified by the Federal Reserve, for currency conversion purposes. The 
respondents claim that in the preliminary results Federal Register 
notice the Department stated that it intended to use daily exchange 
rates, as certified by the Federal Reserve. See Porcelain-on-Steel 
Cookware from Mexico: Preliminary Results of Antidumping Duty 
Administrative Review, 63 FR 1430 (January 9, 1998). However, a review 
of the preliminary results computer program establishes that the 
Department used the 40-day rolling average exchange rates, and not the 
daily certified exchange rates. Cinsa and ENASA noted in their case 
brief that in cases where the Department determines that the home 
market economy was hyper-inflationary, as in the case of Mexico during 
the period of review, daily exchange rates are to be used. Accordingly, 
respondents claim that for purposes of the final results, the 
Department should have used the daily exchange rates in its margin 
program.
    DOC Position: We agree with the respondents. In the final results 
we stated that we intended to change the exchange rate methodology and 
use the certified daily exchange rates for purposes of the final 
results. However, the 40-day rolling average rates were inadvertently 
used for purposes of the final results. Because it was our express 
intent to utilize the daily rates in our results, we conclude that the 
Department made a ministerial error, as defined by 19 CFR 353.28(d), in 
not amending the computer program. Thus, in accordance with 19 CFR 
353.28(c), we have corrected this ministerial error and amended the 
final results.

Amended Final Results of Review

    As a result of our review, we have determined that the following 
margins exist:

------------------------------------------------------------------------
                                                                 Margin 
         Manufacturer/exporter               Review period      percent 
------------------------------------------------------------------------
Cinsa..................................      12/1/95-11/30/96      16.91
ENASA..................................      12/1/95-11/30/96      61.66
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. Individual 
differences between United States price and foreign market value may 
vary from the percentages stated above. The Department will issue 
appraisement instructions directly to the Customs Service. Furthermore, 
the following deposit requirements will be effective, upon publication 
of this notice of amended final results of review for all shipments of 
porcelain-on-steel cookware from Mexico entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Act: (1) the cash deposit rate 
for the reviewed companies will be the rate for the firms as stated 
above; (2) for previously 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, or the original 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 percent for porcelain-on-steel cookware from 
Mexico, the all others rate established in the LTFV investigation.
    These cash deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.
    This notice 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 order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 353.34(d) of the Department's 
regulations. Timely notification of return/destruction of APO materials 
or conversion to judicial

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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 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: August 10, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-21928 Filed 8-12-98; 9:10 am]
BILLING CODE 3510-DS-P