[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24641-24642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6290]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-506]


Porcelain-on-Steel Cooking Ware from the People's Republic of 
China: Notice of Final Results of Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 22, 2005, the Department of Commerce (``the 
Department'') published the preliminary results of its administrative 
review of the antidumping duty order on porcelain-on-steel cooking ware 
from the People's Republic of China (``PRC''). See Porcelain-on-Steel 
Cooking Ware from the People's Republic of China: Notice of Preliminary 
Results of Antidumping Duty Administrative Review, 70 FR 76027 
(``Preliminary Results''). Based on our analysis of the record, 
including comments received since the preliminary results, we have made 
no changes to the preliminary results. Therefore, the final results do 
not differ from the preliminary results. See Final Results of Review 
section, below.

EFFECTIVE DATE: April 26, 2006.

FOR FURTHER INFORMATION CONTACT: P. Lee Smith or Scott Fullerton, 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-
1655 or (202) 482-1386, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 22, 2005, the Department published the preliminary 
results of its administrative review of the antidumping duty order on 
porcelain-on-steel cooking ware from the PRC. See Preliminary Results. 
The administrative review covers one exporter, Shanghai Watex Metal 
Co., Ltd. (``Watex''), and its exports of the subject merchandise to 
the United States during the period December 1, 2003, through November 
30, 2004.
    We invited parties to comment on our Preliminary Results. On 
January 17, 2006, we received a case brief from Watex. On January 19, 
2006, we received petitioner's, Columbian Home Products, LCC 
(``Columbian''), request for removal of Watex's untimely new factual 
information from the record. On January 20, 2006, we sent respondent 
Watex a letter rejecting its previous case brief because it contained 
untimely new factual information. See Memorandum to the File From Scot 
Fullerton: Porcelain-on-Steel Cooking Ware from the People's Republic 
of China: Revision of Watex Case Brief, dated January 24, 2006. On 
January 24, 2006, the Department received the redacted version of 
Watex's case brief which no longer included the new factual 
information. See Porcelain-on-Steel Cooking Ware from the People's 
Republic of China: Shanghai Watex Metal Products Co. Ltd.'s Revised 
Case Brief, dated January 24, 2006 (``Watex Case Brief''). On January 
25, 2006, we received petitioner's rebuttal brief. See Pocelain-on-
Steel Cooking Ware from the People's Republic of China: Petitioner's 
Rebuttal Brief, dated January 25, 2006 (``Petitioner's Rebuttal 
Brief'').

[[Page 24642]]

On February 7, 2006, we held a public hearing in this review.

Scope of Order

    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 Harmonized Tariff 
Schedule of the United States (``HTSUS'') subheading 7323.94.00. The 
HTSUS subheading is provided for convenience and customs purposes. The 
written description of the scope remains dispositive.

Separate Rates

    In the Preliminary Results, the Department determined that Watex 
had not established its eligibility for a separate rate. See 
Preliminary Results. Watex submitted a case brief arguing for a 
separate, company-specific rate. However, we have not received any 
information since the Preliminary Results which would warrant 
reconsideration of our separate-rates determination with respect to 
Watex.

Analysis of Comments Received

    All issues raised in the briefs are addressed in the ``Issues and 
Decision Memorandum for the Final Results in the 2003/2004 
Administrative Review of Porcelain-on-Steel Cooking Ware from the 
People's Republic of China from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to David M. Spooner, Assistant 
Secretary for Import Administration,'' dated April 21, 2006 (``Issues 
and Decision Memorandum''), which is hereby adopted by this notice. A 
list of the issues raised, all of which are in the Issues and Decision 
Memorandum, is attached to this notice as Appendix I. Parties can find 
a complete discussion of all issues raised in the briefs and the 
corresponding recommendations in this public memorandum on file in the 
Central Records Unit (``CRU''), room B-099 of the Herbert C. Hoover 
Building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the Issues and 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made no changes to the preliminary results. For the final results, we 
have adopted our positions in the preliminary results. We continue to 
find that Watex is not entitled to a separate, company-specific rate 
and that the application of total adverse facts available is warranted 
pursuant to sections 776(a)(2)(A), (C), and (D) and 776(b) of the 
Tariff Act of 1930, as amended (``the Act''). For a discussion, see the 
Issues and Decision Memorandum at Comments 1 & 2.

Final Results of Review

    We determine that the following antidumping duty margin exists:

              Porcelain-on-Steel Cooking Ware from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
PRC-wide Rate.......................................               66.65
------------------------------------------------------------------------

Assessment of Antidumping Duties

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of the final 
results of this review. We will instruct CBP to liquidate entries of 
the subject merchandise during the POR at the cash deposit in effect at 
the time of entry.

Cash Deposits

    The following cash-deposit requirements will be effective upon 
publication of the final results for shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the final results, as provided by section 
751(a)(2)(C) of the Act: (1) For subject merchandise exported by the 
PRC, including Watex, the cash-deposit rate will be equal to 66.65 
percent; (2) the cash-deposit rate for PRC exporters who received a 
separate rate in a prior segment of the proceeding will continue to be 
the rate assigned in that segment of the proceeding; (3) for all other 
PRC exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash-deposit rate will be the PRC-wide 
rate of 66.65 percent; (4) for all non-PRC exporters of subject 
merchandise, the cash-deposit rate will be the rate applicable to the 
PRC exporter that supplied that exporter.
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
the administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
    This administrative review and notice is in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: April 19, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

Comment 1: Separate Rates
Comment 2: Application of Total Adverse Facts Available
[FR Doc. E6-6290 Filed 4-25-06; 8:45 am]
BILLING CODE 3510-DS-S