[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Notices]
[Pages 57856-57857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19884]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-602]


Final Results of Expedited Sunset Review of Countervailing Duty 
Order: Top-of-the-Stove Stainless Steel Cookware from South Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
(``CVD'') order on top-of-the-stove stainless steel cookware from South 
Korea pursuant to section 751(c) of the Tariff Act of 1930,

[[Page 57857]]

as amended (``the Act''). See Notice of Initiation of Five-year 
(``Sunset'') Reviews, 70 FR 9919
    (March 1, 2005). On the basis of a notice of intent to participate 
and an adequate substantive response filed on behalf of the domestic 
interested parties and no response from respondent interested parties 
(in this case, no response), the Department conducted an expedited 
sunset review of this CVD order pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, 
the Department finds that revocation of the CVD order would be likely 
to lead to continuation or recurrence of a countervailable subsidy at 
the level indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: October 4, 2005.

FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-1767 or (202) 
482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2005, the Department initiated a sunset review of the 
CVD order on top-of-the-stove stainless steel cookware from Korea 
pursuant to section 751(c) of the Act. See Notice of Initiation of 
Five-year (``Sunset'') Reviews, 70 FR 9919 (March 1, 2005). On
    March 16, 2005, the Department received a notice of intent to 
participate from the following domestic interested parties: Paper 
Allied Industrial Chemical & Energy Workers, Local 7-0850 (``PACE'') 
and Vita Craft Corporation (``Vita''), which make up the Stainless 
Steel Cookware Committee (``Committee''), an ad hoc coalition of 
domestic producers and employees, and Regal Ware, Inc. (collectively 
``domestic interested parties''), within the deadline specified in 19 
CFR 351.218(d)(1)(i). The domestic interested parties claimed 
interested party status under sections 771(9)(C), (D), (E) and (F) of 
the Act, as an ad hoc association which is comprised of domestic 
producers of the subject merchandise.
    On March 31, 2005, the Department received a complete substantive 
response from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department 
did not receive a substantive response from any government or 
respondent interested party to this proceeding. As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
the Department conducted an expedited review of this CVD order.

Scope of the Order

    The merchandise subject to this CVD order is top-of-the-stove 
stainless steel cookware (``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 is stainless steel oven ware 
and stainless steel kitchen ware. Certain stainless steel pasta and 
steamer inserts and certain stainless steel eight-cup coffee 
percolators are within the scope (63 FR 41545 (August 4, 1998) and 58 
FR 11209 (February 24, 1993), respectively).
    Moreover, as a result of a changed circumstances review, the 
Department revoked the order in part with regards to certain stainless 
steel camping ware that: (1) is made of single-ply stainless steel 
having a thickness no greater than 6.0 millimeters; and (2) consists of 
1.0, 1.5, and 2.0 quart saucepans without handles and with lids that 
also serve as fry pans (62 FR 32767, June 17, 1997).
    Cookware 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.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Barbara E. Tillman, 
Acting Deputy Assistant Secretary for Import Administration, to Holly 
A. Kuga, Acting Assistant Secretary for Import Administration, dated 
September 27, 2005, which is hereby adopted by this notice. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendation in this public memorandum which is on file 
in the Central Records Unit room B-099 of the main Commerce building. 
In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Review

    The Department determines that revocation of the countervailing 
duty order would be likely to lead to continuation or recurrence of a 
countervailable subsidy at the rates listed below:

------------------------------------------------------------------------
                                                              Net
                 Producers/Exporters                    Countervailable
                                                       Subsidy (percent)
------------------------------------------------------------------------
All Manufacturers\1\................................                0.77
------------------------------------------------------------------------
\1\ Dae Sung Industrial Co. and Woo Sung Company Ltd. were excluded from
  the order. See Countervailing Order: Certain Stainless Steel Cooking
  Ware from the Republic of Korea, 52 FR 2140 (January 20, 1987).

Notification Regarding Administrative Protective Order:

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction 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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 27, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-19884 Filed 10-3-05; 8:45 am]
BILLING CODE 3510-DS-S