[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Notices]
[Pages 70581-70582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6442]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-506, A-583-508]


Porcelain-on-Steel Cooking Ware from the People's Republic of 
China and Taiwan; Continuation of Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty orders on porcelain-
on-steel cooking ware from the People's Republic of China (``PRC'') and 
Taiwan would likely lead to continuation or recurrence of dumping and 
material injury to an industry in the United States, the Department is 
publishing this notice of continuation of this antidumping duty order.

EFFECTIVE DATE: November 22, 2005.

FOR FURTHER INFORMATION CONTACT: Maureen Flannery, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC, 20230; telephone: (202) 482-3020.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2005, the Department initiated sunset reviews of the 
antidumping duty orders on Porcelain-on-Steel Cooking Ware from the PRC 
and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). See Initiation of Five-Year (``Sunset'') 
Reviews, 70 FR 9919 (March 1, 2005). As a result of its review, the 
Department found that revocation of the antidumping duty orders would 
likely lead to continuation or recurrence of dumping, and notified the 
ITC of the magnitude of margins likely to prevail were the orders to be 
revoked. See Porcelain-on-Steel Cooking Ware from the People's Republic 
of China and

[[Page 70582]]

Taiwan, Five-Year (``Sunset'') Reviews of Antidumping Duty Orders; 
Final Results, 70 FR 58187 (October 5, 2005). On October 14, 2005, the 
ITC determined, pursuant to section 751(c) of the Act, that revocation 
of the antidumping duty orders on Porcelain-on-Steel Cooking Ware from 
the PRC and Taiwan would likely lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See Porcelain-on-Steel Cooking Ware From China and 
Taiwan; Top-of- the-Stove Stainless Steel Cooking Ware From Korea and 
Taiwan (Investigations Nos. 731-TA-298 and 299 (Second Review); 
Investigations Nos. 701-TA-267 and 268 and 731-TA-304 and 305 (Second 
Review)), 70 FR 67740 (November 8, 2005).

Scope of the Orders

PRC

    The merchandise covered by this order is porcelain-on-steel cooking 
ware from the PRC, including tea kettles, which do not have self-
contained electric heating elements. All of the foregoing are 
constructed of steel and are enameled or glazed with vitreous glasses. 
The merchandise is currently classifiable under the United States 
Harmonized Tariff Schedule (``USHTS'') item 7323.94.00. USHTS items 
numbers are provided for convenience and customs purposes. The written 
description of the scope remains dispositive.
    In response to a request from CGS International, on January 30, 
1991, the Department clarified that high quality, hand finished 
cookware, including the small basin, medium basin, large basin, small 
colander, large colander, 8'' bowl, 6'' bowl, mugs, ash tray, napkin 
rings, utensil holder and utensils, ladle, cream & sugar, and mixing 
bowls are properly considered kitchen ware and are, therefore, outside 
the scope of the order. Further, the Department clarified that CGS 
International's casserole, 12-cup coffee pot, 6-cup coffee pot, 
roasting pan, oval roaster, and butter warmer are within the scope of 
the order (see Notice of Scope Rulings, 56 FR 19833 (April 30, 1991)).
    In response to a request from Texsport, on August 8, 1990, the 
Department determined that camping sets, with the exception of the cups 
and plates included in those sets, are within the scope of the order 
(see Notice of Scope Rulings, 55 FR 43020 (October 25, 1990)).
    On March 8, 2000, Tristar Products' grill set with aluminum grill 
plate was found to be outside the scope of the order (see Notice of 
Scope Rulings, 65 FR 41957 (July 7, 2000)).
    On October 29, 2003, Target Corporation's certain enamel-clad 
beverage holders and dispensers were found to be outside the scope of 
the order (see Notice of Scope Rulings, 70 FR 24533 (May 10, 2005)).
    On January 4, 2005, Taybek International's Pro Popper professional 
popcorn popper was found to be within the scope of the order (see 
Notice of Scope Rulings, 70 FR 41374 (July 19, 2005)).

Taiwan

    The merchandise covered by this order is porcelain-on-steel cooking 
ware from Taiwan 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. Kitchen ware and teakettles 
are not subject to this order. The merchandise is currently 
classifiable under the USHTS item number 7323.94.00. The USHTS 
subheading is provided for convenience and customs purposes. The 
written description of the scope remains dispositive.
    On August 23, 1990, in response to a request from RSVP, BBQ grill 
baskets were found to be outside the scope of the order (see Notice of 
Scope Rulings, 55 FR 43020 (October 25, 1990)).
    On September 3, 1992, in response to a request from Mr. Stove Ltd., 
stove top grills and drip pans were found to be outside the scope of 
the order (see Notice of Scope Rulings, 57 FR 57420 (December 4, 
1992)).
    On September 25, 1992, in response to a request from Metrokane 
Inc., the ``Pasta Time'' pasta cooker was found to be within the scope 
of the order (see Notice of Scope Rulings, 57 FR 57420 (December 4, 
1992)).
    On August 18, 1995, Blair Corporation's Blair cooking ware items 
1101 (seven piece cookware set), 271911 (eight-quart 
stock pot), and 271921 (twelve-quart stock pot) were found to 
be outside the scope of the order (see Notice of Scope Rulings, 60 FR 
54213 (October 20, 1995)).
    On October 30, 1996, Cost Plus, Inc.'s 10 piece porcelain-on-steel 
fondue set was found to be within the scope of the order (see Notice of 
Scope Rulings, 62 FR 9176 (February 28, 1997)).

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty orders on Porcelain-on-Steel Cooking Ware from the PRC and Taiwan. 
U.S. Customs and Border Protection will continue to collect antidumping 
duty cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise.
    The effective date of continuation of these orders will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year review of these orders not later than 
October 2010.
    These five-year (sunset) reviews and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: November 15, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-6442 Filed 11-21-05; 8:45 am]
BILLING CODE 3510-DS-S