[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Notices]
[Pages 19553-19554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9805]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-504]


Porcelain-on-Steel Cookware from Mexico: Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, Revocation of the 
Antidumping Duty Order, and Rescission of Administrative Reviews

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

ACTION: Notice of final results of changed circumstances antidumping 
duty administrative review, revocation of the antidumping duty order, 
and rescission of antidumping duty administrative reviews.

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

SUMMARY: In response to a request by the petitioner, Columbian Home 
Products, LLC, a U.S. producer of subject merchandise and an interested 
party in this proceeding, on February 14, 2002, the Department of 
Commerce initiated a changed circumstances review and made a 
preliminary determination to revoke the antidumping duty order on 
porcelain-on-steel cookware from Mexico. During the course of this 
proceeding, we have determined that the producer accounting for all or 
substantially all of the production of the domestic like product to 
which the order pertains does not have an interest in maintaining the 
order. Consequently, we are revoking the order on porcelain-on-steel 
cookware from Mexico. In addition, we are rescinding the ongoing 
administrative reviews of this order. These reviews cover the periods 
December 1, 1999, through November 30, 2000, and December 1, 2000, 
through November 30, 2001.

DATES: April 22, 2002.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, 
Office of AD/CVD Enforcement Group I, Office 2, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone: 
(202) 482-4007 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations:

    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 of Commerce's (the 
Department's) regulations are to the regulations at 19 CFR part 351 
(April 2001).

Background

    On January 30, 2002, the petitioner, Columbian Home Products, LLC 
(Columbian), requested that the Department revoke the antidumping duty 
order on porcelain-on-steel cookware from Mexico as of December 1, 
1995, stating that it no longer has an interest in maintaining this 
order. Columbian is a domestic interested party and is the successor 
company to the petitioner in the less-than-fair-value investigation. 
Columbian stated that it is the only U.S. producer of porcelain-on-
steel cookware, and therefore, it accounts for ``substantially'' all of 
the production of the domestic like product,'' within the meaning of 
section 782(h)(2) of the Act.
    Based on the information submitted by Columbian and its assertions 
that it accounted for substantially all of the production of the 
domestic like product and had no interest in maintaining the order, the 
Department determined that there was sufficient evidence of changed 
circumstances to warrant a review under section 751(b)(1) of the Act, 
19 CFR 351.222(g) and 19 CFR 351.216. Because of the pending 
administrative reviews, we determined that expedited action was 
warranted, and we combined the notices of initiation and preliminary 
results in accordance with 19 CFR 351.221(c)(3)(ii). Consequently, on 
February 25, 2002, we published a notice of initiation of a changed 
circumstances review and preliminary results of review with intent to 
revoke the order and rescind the ongoing administrative reviews. See 
Porcelain-on-Steel Cookware from Mexico, Initiation and Preliminary 
Results of Changed Circumstances Antidumping Duty Administrative Review 
and Notice of Intent to Revoke the Order and to Rescind Administrative 
Reviews, 67 FR 8523 (Initiation Notice). In the Initiation Notice we 
allowed interested parties an opportunity to submit comments for 
consideration in this review.
    On March 4, 2002, respondents Cinsa, S.A. de C.V. and Esmaltaciones 
de Norte America S.A. de C.V. urged the Department to affirm the 
preliminary results in its Final Results of Changed Circumstances 
Review.

Scope of Order

    The products covered by this order are porcelain-on-steel cookware, 
including tea kettles, which do not have self-contained electric 
heating elements.

[[Page 19554]]

 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 classifiable 
under HTSUS subheading 7323.94.00.30 is not subject to the order. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this proceeding is 
dispositive.

Final Results of Changed Circumstances Review and Revocation of the 
Antidumping Duty Order

    Pursuant to section 782(h)(2) of the Act, the Department may revoke 
an antidumping or countervailing duty order based on a review under 
section 751(b) of the Act (i.e., a changed circumstances review). 
Section 751(b)(1) of the Act requires a changed circumstances review to 
be conducted upon receipt of a request which shows changed 
circumstances sufficient to warrant a review. 19 CFR 351.222(g) 
provides that the Department will conduct a changed circumstances 
review under 19 CFR 351.216, and may revoke an order (in whole or in 
part), if it determines that producers accounting for substantially all 
of the production of the domestic like product to which the order (or 
the part of the order to be revoked) pertains have expressed a lack of 
interest in the relief provided by the order, in whole or in part, or 
if other changed circumstances exist sufficient to warrant revocation.
    The Department finds that the producer accounting for all of the 
domestic like product to which the order pertains has expressed a lack 
of interest in the relief provided by this order, dating back to 
December 1, 1995. On the facts of this case, sufficient changed 
circumstances exist to warrant revocation of the order. Therefore, 
effective December 1, 1995, the Department is revoking the order on 
porcelain-on-steel cookware from Mexico in whole, pursuant to sections 
751(b) and (d) and 782(h) of the Act, as well as 19 CFR 351.216 and 19 
CFR 351.222(g).

Rescission of Antidumping Administrative Reviews

    On November 13, 2001, the Department published in the Federal 
Register (66 FR 56799) the preliminary results of the 14th 
administrative review for the period December 1, 1999, through November 
30, 2000. On January 29, 2002, the Department published in the Federal 
Register (67 FR 4236) a notice of initiation of the 15th administrative 
review for the period December 1, 2000, through November 30, 2001. 
Because we are revoking the order for the reason stated above, 
effective December 1, 1995, we are also rescinding the ongoing 
administrative reviews of porcelain-on-steel cookware from Mexico 
pursuant to section 751(d)(3) of the Act.

Instructions to Customs Service

    The Department, in accordance with 19 CFR 351.222(g)(4), expects to 
instruct the Customs Service to terminate the suspension of liquidation 
and to liquidate, without regard to antidumping duties, all 
unliquidated entries of porcelain-on-steel cookware from Mexico, 
entered, or withdrawn from warehouse, for consumption on or after 
December 1, 1995. We will further instruct the Customs Service to 
refund with interest any estimated duties collected with respect to 
unliquidated entries of porcelain-on-steel cookware from Mexico 
entered, or withdrawn from warehouse, for consumption on or after 
December 1, 1995, in accordance with section 778 of the Act. The 
instructions covering the period December 1, 1995, through November 30, 
1999, will not be issued until the dismissal of the ongoing litigation 
with respect to the administrative reviews of porcelain-on-steel 
cookware from Mexico, pursuant to which entries have been enjoined from 
liquidation. We will instruct the Customs Service to terminate the 
suspension of liquidation and to liquidate, without regard to 
antidumping duties, all unliquidated entries of porcelain-on-steel 
cookware from Mexico, entered, or withdrawn from warehouse, for 
consumption during the periods December 1, 1999, through November 30, 
2000, and December 1, 2000, through November 30, 2001, upon publication 
of this notice.
    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 19 CFR 351.306. Timely written notification of 
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 changed circumstances review, revocation of the antidumping 
duty order, and notice are in accordance with sections 751(b) and (d) 
and 782(h) of the Act and 19 CFR 351.216(d) and 351.222(g). The 
rescission of the 1999-2000 and 2000-2001 antidumping duty 
administrative reviews of porcelain-on-steel cookware from Mexico is in 
accordance with section 751(d)(3) of the Act.

    Dated: April 16, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-9805 Filed 4-19-02; 8:45 am]
BILLING CODE 3510-DS-S