[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Notices]
[Pages 49930-49931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24504]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-601]


Top-of-the-Stove Stainless Steel Cooking Ware From the Republic 
of Korea: Amended Final Results and Rescission, in Part, of Antidumping 
Duty Administrative Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

-----------------------------------------------------------------------

SUMMARY: We are amending our final results of the 1999 administrative 
review of the antidumping duty order on top-of-the-stove-stainless 
steel cooking ware from the Republic of Korea, published on August 29, 
2001 (66 FR 45664), to reflect the correction of ministerial errors 
made in the final results. This correction is in accordance with 
section 751(h) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.224 of the Department's regulations. The period covered by 
these amended final results of review is January 1, 1999 through 
December 31, 1999.

EFFECTIVE DATE: October 1, 2001.

FOR FURTHER INFORMATION CONTACT: Paige Rivas or Ron Trentham, AD/CVD 
Enforcement, Office 4, Group II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-0651 
or 482-6320, respectively.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to 19 CFR part 351 (2000).

Background

    On February 23, 2001, the Department of Commerce (the Department) 
published the preliminary results of the 1999 administrative review of 
the antidumping duty order on top-of-the-stove stainless steel cooking 
ware from the Republic of Korea. The Department published the final 
results of review on August 29, 2001. See Top-of-the-Stove Stainless 
Steel Cooking Ware From the Republic of Korea: Final Results and 
Rescission, in Part, of Antidumping Duty Administrative Review, 66 FR 
45664 (August 29, 2001) (Final Results).
    On August 30, 2001, we received timely allegations from Dong Won 
Metal Co., Ltd. (Dong Won) (a respondent) that the Department made 
ministerial errors in the final results of review regarding Dong Won. 
The petitioner did not submit any comments in reply to these 
ministerial error allegations.

Scope of Review

    The merchandise subject to this antidumping order is top-of-the-
stove stainless steel cookware from Korea. The subject merchandise is 
all non-electric cooking ware of stainless steel which may have one or 
more layers of aluminum, copper or carbon steel for more even heat 
distribution. The subject merchandise includes skillets, frying pans, 
omelette pans, saucepans, double boilers, stock pots, dutch ovens, 
casseroles, steamers, and other stainless steel vessels, all for 
cooking on stove top burners, except tea kettles and fish poachers. 
Excluded from the scope of the order are stainless steel oven ware and 
stainless steel kitchen ware. The subject merchandise is currently 
classifiable under Harmonized Tariff Schedule (HTS) item numbers 
7323.93.00 and 9604.00.00. The HTS item numbers are provided for 
convenience and Customs purposes only. The written description remains 
dispositive.
    The Department has issued several scope clarifications for this 
order. The Department found that certain stainless steel pasta and 
steamer inserts (63 FR 41545, August 4, 1998), certain stainless steel 
eight-cup coffee percolators (58 FR 11209, February 24, 1993), and 
certain stainless steel stock pots and covers are within the scope of 
the order (57 FR 57420, December 4, 1992). Moreover, as a result of a 
changed circumstances review, the Department revoked the order on Korea 
in part with respect to certain stainless steel camping ware (1) made 
of single-ply stainless steel having a thickness no greater than 6.0 
millimeters; and (2) consisting of 1.0, 1.5, and 2.0 quart saucepans 
without handles and with lids that also serve as fry pans (62 FR 3662, 
January 24, 1997).

Amendment of Final Results

Comment 1

    Dong Won states that the model matching programming language as 
applied for the final results for Dong Won fails to restrict the search 
for similar matches to products with the same ``product type,'' as was 
the Department's clearly stated intent. According to Dong Won, as 
currently written, the Department's margin program model matching 
methodology instead allows U.S. models to be compared to third country 
models of any body type. Dong Won urges the Department to correct this 
significant ministerial error.
    Department's Position: After a review of Dong Won's allegation, we 
agree with Dong Won and have corrected our model match program. See 
Calculation Memorandum dated September 24, 2001 for the corrections.

Comment 2

    Dong Won contends that, as in the preliminary results, the 
Department's final margin program contains a step in which the 
weighted-average third country selling expense data for matching models 
is merged with Dong Won's U.S. sales file. According to Dong Won, 
because the conversion of these expenses is done with a ``data merge,'' 
the Department's SAS program incorrectly multiplies the won-denominated 
third country selling expenses by the exchange rate twice, thus 
significantly understating the value of DINLFTPT, CREDIT2T, DIRSEL2T, 
DINVCART, and PACKT for certain records.
    Dong Won points out that this same clerical error was addressed in 
its administrative Case Brief. See Letter from Hogan & Hartson to the 
U.S. Department of Commerce, dated March 26, 2001. According to Dong 
Won, in response, the Department indicated in Comment 7 of the Issues 
and Decision Memorandum for the Administrative Review of Top-of-the-
Stove Stainless Cooking Ware from Korea; Final Results,

[[Page 49931]]

dated August 22, 2001, (Decision Memorandum) that it agreed with Dong 
Won and that it believed that it corrected for this error in the 
process of correcting the transposition of certain selling expense 
fields as outlined in response to Comment 6 of the Decision Memorandum. 
Dong Won contends that the transposition of the expense fields did not 
correct the conversion error for the reasons discussed above and 
requests that the Department correct this ministerial error.
    Department's Position: We agree with Dong Won and have corrected 
the programming language in the margin calculation program. See 
Calculation Memorandum for the programming changes.

Amended Final Results

    As a result of our review and the correction of the ministerial 
errors described above, we have determined that the margin for Dong Won 
is 13.30 percent. No other changes have been to made to the other 
margins published in the Final Results. 

Assessment

    The Department shall determine, and the U.S. Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the Customs Service. 
In accordance with 19 CFR 351.212(b)(1), we have calculated for Dong 
Won importer-specific assessment rates based on the ratio of the total 
amount of antidumping duties calculated for the importer-specific sales 
to the total entered value of the same sales. Where the importer-
specific assessment rate is above de minimis, we will instruct Customs 
to assess antidumping duties on that importer's entries of subject 
merchandise.

Cash Deposit Requirements

    Upon publication of this notice of amended final results of these 
administrative reviews for all shipments of top-of-stove stainless 
steel cooking ware from Korea entered, or withdrawn from warehouse, for 
consumption on or after publication date of the amended final results 
of these administrative reviews, as provided by section 751(a)(1) of 
the Act, the cash deposit rate for Dong Won will be the rate 
established in the amended final results of this administrative review. 
No other changes have been made to the cash deposit requirements 
provided in the Final Results. 
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: September 24, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-24504 Filed 9-28-01; 8:45 am]
BILLING CODE 3510-DS-P