[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Notices]
[Pages 7503-7505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3730]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-601]


Top-of-the-Stove Stainless Steel Cooking Ware from the Republic 
of Korea: Final Results and Rescission, in Part, 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 October 9, 2002, the Department of Commerce (the 
Department) published the preliminary results of administrative review 
of the antidumping duty order on top-of-the-stove stainless steel 
cooking ware (cookware) from the Republic of Korea (Korea). The review 
covers twenty-six manufacturers of subject merchandise and the period 
January 1, 2001, through December 31, 2001. Based on our analysis of 
the comments received, we have made changes in the margin calculations. 
Therefore, the final results differ from the preliminary results. The 
final weighted-average dumping margins for the reviewed firms are 
listed below in the section entitled ``Final Results of the Review.''

EFFECTIVE DATE: February 14, 2003.

FOR FURTHER INFORMATION CONTACT: Ron Trentham or Tom Futtner, AD/CVD 
Enforcement, Office 4, Group II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., N.W., Washington, D.C. 20230; telephone: (202) 482-
6320 or 482-3814, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 9, 2002, the Department published the preliminary 
results of administrative review of the antidumping duty order on 
cookware from Korea. See Top-of-the-Stove Stainless Steel Cooking Ware 
from the Republic of Korea: Preliminary Results and Rescission, in 
Part, of Antidumping Duty Administrative Review, 67 FR 62951 (October 
9, 2002) (Preliminary Results). This review covers twenty-six 
manufacturers of subject merchandise: Daelim Trading Co., Ltd. 
(Daelim), Dong Won Metal Co., Ltd. (Dong Won), Chefline Corporation, 
Sam Yeung Ind. Co., Ltd., Namyang Kitchenflower Co., Ltd., Kyung-Dong 
Industrial Co., Ltd., Ssang Yong Ind. Co., Ltd., O. Bok Stainless Steel 
Co., Ltd., Dong Hwa Stainless Steel Co., Ltd., Il Shin Co., Ltd., Hai 
Dong Stainless Steel Ind. Co., Ltd., Han II Stainless Steel Ind. Co., 
Ltd., Bae Chin Metal Ind. Co., East One Co., Ltd., Charming Art Co., 
Ltd., Poong Kang Ind. Co., Ltd., Won Jin Ind. Co., Ltd., Wonkwang Inc., 
Sungjin International Inc., Sae Kwang Aluminum Co., Ltd., Hanil 
Stainless Steel Ind. Co., Ltd., Seshin Co., Ltd., Pionix Corporation, 
East West Trading Korea, Ltd., Clad Co., Ltd., and B.Y. Enterprise, 
Ltd. The period of review (POR) is January 1, 2001, through December 
31, 2001.
    We invited parties to comment on our Preliminary Results of review. 
On November 8, 2002, we received case briefs from the Stainless Steel 
Cookware Committee (the petitioner), Dong Won, and Daelim 
(respondents). On November 13, 2002, we received rebuttal briefs from 
the respondents and on November 15, 2002, we received the petitioner's 
rebuttal brief.

[[Page 7504]]

    The Department has conducted this administrative review in 
accordance with section 751 of the Act).

Scope of Review

    The merchandise subject to this antidumping order is 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 of the United States (HTSUS) item numbers 7323.93.00 
and 9604.00.00. The HTSUS 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 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).

Partial Rescission of Review

    In our Preliminary Results, we determined that the following eight 
companies made no shipments of subject merchandise to the United States 
during the POR: Hai Dong Stainless Steel Co., Ltd, Sungjin 
International, Inc., Seshin Co., Ltd., Sae Kwang Aluminum Co, Ltd., 
Dong Hwa Stainless Steel Co., Ltd., Pionix Corporation, Il Shin Co., 
Ltd., and Wonkwang Inc. See Preliminary Results, 67 FR at 62952. 
Because we received no comments from interested parties on our 
preliminary decision to rescind the review with respect to the above 
companies, we have determined that no changes to our decision to 
rescind are warranted for purposes of these final results. Therefore, 
we are rescinding this review with respect to these manufacturers/
exporters.

Facts Available (FA)

    For these final results of review, in accordance with section 776 
of the Act, we have determined that the use of adverse FA is warranted 
for Chefline Corporation, Sam Yeung Ind. Co., Ltd., Kyung-Dong 
Industrial Co., Ltd., Ssang Yong Ind. Co., Ltd., O. Bok Stainless Steel 
Co., Ltd., Han II Stainless Steel Ind. Co., Ltd., Bae Chin Metal Ind. 
Co., East One Co., Ltd., Charming Art Co., Ltd., Poong Kang Ind. Co., 
Ltd., Won Jin Ind. Co., Ltd., Hanil Stainless Steel Ind. Co., Ltd., 
East West Trading Korea, Ltd., Clad Co., Ltd., B.Y. Enterprise, Ltd., 
and Namyang Kitchenflower Co., Ltd.
    In the Preliminary Results, the Department determined that because 
the 16 manufacturers/exporters listed above wholly failed to respond to 
the Department's questionnaire, they did not act to the best of their 
respective abilities, and therefore an adverse inference is warranted 
in applying FA for these companies.
    For the final results, no interested party comments were submitted 
regarding this issue and we continue to find that the failure of the 16 
manufacturers/exporters listed above to respond to the Department's 
questionnaire in this review demonstrates that these entities failed to 
cooperate by not acting to the best of their ability. Thus, consistent 
with the Department's practice in cases where a respondent fails to 
respond to the Department's questionnaire, in selecting FA for the 16 
manufacturers/exporters listed above, an adverse inference is 
warranted. For a discussion of the application of an adverse inference 
in this case, see Preliminary Results, 67 FR at 62953.
    As adverse FA, we are assigning the highest rate determined for any 
respondent in any segment of this proceeding. This rate is 31.23 
percent. See Final Determination of Sales at Less Than Fair Value: 
Certain Stainless Steel Cookware from Korea, 51 FR 42873 (November 26, 
1986). For a discussion on corroboration of the 31.23 percent FA rate 
and for a general discussion of the relevance of the selected FA rate 
for all non-cooperating respondents, see Preliminary Results, 67 FR at 
62953.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum (Decision Memorandum) from Bernard T. Carreau, Deputy 
Assistant Secretary, Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated February 6, 2003, 
which is hereby adopted by this notice. A list of the issues which 
parties have raised and to which we have responded, all of which are in 
the Decision Memorandum, is attached to this notice as an Appendix. 
Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendations in this public memorandum 
which is on file in the Central Records Unit, room B-099 of the main 
Department building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made a change 
in Dong Won's margin calculations. In accordance with section 
772(c)(1)(C) of the Act, we added to the U.S. price the amount of 
countervailing duty imposed on the subject merchandise to offset an 
export subsidy. See Calculation Memorandum for the Final Results of the 
2001 Administrative Review of the Antidumping Duty Order on Top-of-the-
Stove Stainless Steel Cooking Ware from Korea for Dong Won Metal Co., 
Ltd., from Ron Trentham to the File, dated February 6, 2003. This 
change is discussed at Comment 5 of the Decision Memorandum.

Final Results of Review

    We determine that the following weighted-average percentage margins 
exist for the period January 1, 2001, through December 31, 2001:

------------------------------------------------------------------------
                Manufacturer/exporter                   Margin (percent)
------------------------------------------------------------------------
Dong Won Metal Co., Ltd..............................               0.17
Dae-Lim Trading Co.,.................................               0.90
Chefline Corporation.................................              31.23
Sam Yeung Ind. Co., Ltd..............................              31.23
Kyung-Dong Industrial Co., Ltd.......................              31.23
Han II Stainless Steel Ind. Co., Ltd.................              31.23
East One Co., Ltd....................................              31.23
Charming Art Co., Ltd................................              31.23
Won Jin Ind. Co., Ltd................................              31.23
Hanil Stainless Steel Ind. Co., Ltd..................              31.23
East West Trading Korea, Ltd.........................              31.23
Clad Co., Ltd........................................              31.23
B.Y. Enterprise, Ltd.................................              31.23
Namyang Kitchenflower Co., Ltd.......................              31.23

[[Page 7505]]

 
Ssang Yong Ind. Co., Ltd.............................              31.23
O. Bok Stainless Steel Co., Ltd......................              31.23
Bae Chin Metal Ind. Co...............................              31.23
Poong Kang Ind. Co., Ltd.............................              31.23
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the U.S. Customs Service 
(Customs) shall assess, antidumping duties on all appropriate entries. 
The Department will issue appraisement instructions directly to 
Customs. In accordance with 19 CFR 351.212(b)(1), we have calculated 
for Daelim and Dong Won importer-specific assessment rates based on the 
ratio of the total amount of antidumping duties calculated for 
importer-specific sales to the total entered value of the same sales. 
For the companies for whom we applied FA, we based the assessment rate 
on the facts available margin percentage. The Department will issue 
appropriate assessment instructions directly to Customs within 15 days 
of publication of these final results of review. We will direct Customs 
to assess the resulting assessment rates against the entered customs 
values for the subject merchandise on each of the company's entries 
during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of this administrative 
review for all shipments of cookware from Korea entered, or withdrawn 
from warehouse, for consumption on or after publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Act: (1) the cash deposit rates for the reviewed 
companies will be the rates indicated above, except if the rate is less 
than 0.5 percent ad valorem and, therefore, de minimis, no cash deposit 
will be required; (2) for exporters not covered in this review, but 
covered in the original less-than-fair-value (LTFV) investigation or a 
previous review, the cash deposit rate will continue to be the company-
specific rate published in the most recent period; (3) if the exporter 
is not a firm covered in this review, a previous review, or the 
original LTFV 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) if neither the exporter nor 
the manufacturer is a firm covered in this or any previous reviews or 
the LTFV investigation, the cash deposit rate will be 8.10 percent, the 
``all-others'' rate established in the LTFV investigation. These 
deposit requirements, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.

Notification

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 doubled 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 19 CFR 351.305. Timely 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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 6, 2003.
Faryar Shirzad,
Assistant Secretaryfor Import Administration.

Appendix--Issues in Decision Memorandum

1. Countervailing Duty Offset
2. U.S. Sales Above Normal Value
3. Daelim's Cost of Manufacture
4. Duty Drawback for Dong Won
5. Application of Countervailing Duty Offset for Dong Won
[FR Doc. 03-3730 Filed 2-13-03; 8:45 am]
BILLING CODE 3510-DS-S