[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Pages 75081-75082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29221]


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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: Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 8, 2008, the Department of Commerce 
(``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''), 
covering the period December 1, 2006, to November 30, 2007. See 
Porcelain-on-Steel Cooking Ware from the People's Republic of China: 
Notice of Preliminary Results of Antidumping Duty Administrative 
Review, 73 FR 52021 (September 8, 2008) (``Preliminary Results''). The 
Department received no comments on its Preliminary Results. Therefore, 
the final dumping margin for this review is unchanged from the 
Preliminary Results, and is listed in the ``Final Results of the 
Review'' section below.

EFFECTIVE DATE: December 10, 2008.

FOR FURTHER INFORMATION CONTACT: Toni Dach or Scot 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.

Background

    In response to a request from Columbian Home Products, LLC and OXO 
International Ltd., an importer of the subject merchandise, the 
Department initiated an administrative review of producer Xiamen 
Songson Plastic Hardware Co., Ltd's (``Songson'') exports of porcelain-
on-steel cooking

[[Page 75082]]

ware from the PRC. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 73 FR 
4829 (January 28, 2008).
    On January 31, 2008, the Department issued its sections A, C and D 
antidumping duty questionnaire to Songson. The section A response was 
due on February 21, 2008, and the sections C and D response, as well as 
U.S. sales and factors of production (``FOP'') reconciliations, were 
due on March 10, 2008. On February 19, 2008, Songson requested an 
extension, until March 6, 2008, to file its section A response, and 
until March 24, 2008, to submit its sections C and D responses. On 
February 20, 2008, the Department granted Songson's extension request. 
We received the company's response to section A via regular mail on 
March 6, 2008. On March 14, 2008, the Department rejected Songson's 
section A response, as it was not filed in accordance with the 
Department's regulations. We granted Songson a second opportunity to 
file a complete section A response, and Songson submitted its revised 
section A response on March 28, 2008. Songson did not submit its 
sections C and D responses, or the required sales and FOP 
reconciliations by the extended due date, or on any date thereafter.
    Due to the numerous deficiencies in Songson's section A response, 
the Department concluded that the company had not satisfactorily 
demonstrated the absence of de jure or de facto control over the export 
activities of Songson by the PRC government. The Department 
preliminarily determined that Songson did not qualify for a separate 
rate and is part of the PRC-wide entity. See Preliminary Results, at 
52022. Because Songson did not provide a complete section A response or 
a sections C and D response, the Department had no information with 
which to calculate an antidumping duty margin. Therefore, the 
Department found that facts available pursuant to sections 776(a)(2)(A) 
and (C) of the Tariff Act of 1930 (``Act'') was warranted for the PRC-
wide entity, including Songson, as Songson had withheld the information 
requested by the Department and had significantly impeded the 
proceeding. See id. The Department also found that total adverse facts 
available was warranted for the PRC-wide entity, including Songson, 
because it failed to cooperate to the best of its ability pursuant to 
section 776(a)(2) and 776(b) of the Act in not providing the necessary 
information requested by the Department. Id. at 52023.
    As noted above, on September 8, 2008, the Department published the 
Preliminary Results and we invited interested parties to comment. No 
interested party, including Songson, submitted any case brief or 
comment, nor requested any hearing on the Department's Preliminary 
Results. Therefore, for these final results, the Department made no 
change in the final dumping margin from the Preliminary Results.

Scope of Order

    The merchandise covered by the 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'') item 7323.94.00. HTSUS item 
numbers are provided for convenience and customs purposes. The written 
description of the scope remains dispositive.

Final Results of the Review

    The Department finds that the following margin exists for the 
following exporters under review for the period December 1, 2006, 
through November 30, 2007:

              Porcelain-on-Steel Cooking Ware from the PRC
------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
                                                            (Percent)
------------------------------------------------------------------------
PRC-Wide Entity (which includes Xiamen Songson Plastic           66.65
 Hardware Co., Ltd.)...................................
------------------------------------------------------------------------

Assessment of Antidumping Duties

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries pursuant to section 751(a)(1)(B) of the Act, and 19 
CFR 351.212(b). The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after the date of publication of 
the final results of this review.

Cash Deposit Requirements

    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-wide entity, including Songson, the cash-deposit rate will be equal 
to 66.65 percent; (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have a separate rate, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (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 which have not 
received their own rate, the cash-deposit rate will be the rate 
applicable to the PRC exporter that supplied that non-PRC exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

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 a final reminder to parties subject to 
the administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305. Timely 
written notification of the return or 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 administrative review and notice is in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29221 Filed 12-9-08; 8:45 am]
BILLING CODE 3510-DS-S