[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]
[[Page 43593]]
_______________________________________________________________________
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
[[Page 43594]]
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
[[Page 43595]]
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