Porcelain-On-Steel Cooking Ware From Mexico; Amendment to Final Results of Antidumping Duty Administrative Review

Federal RegisterMay 6, 1994

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DEPARTMENT OF COMMERCE

[A-201-504]

Porcelain-On-Steel Cooking Ware From Mexico; Amendment to Final

Results of Antidumping Duty Administrative Review

AGENCY: International Trade Administration/Import Administration

Commerce.

ACTION: Notice of Amendment to Final Results of Antidumping Duty

Administrative Review.

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SUMMARY: On August 16, 1993, the Department of Commerce (the

Department) published in the Federal Register (58 FR 43327) the final

results of its administrative review of the antidumping duty order on

porcelain-on-steel cooking ware from Mexico. Based on corrections of

clerical errors, we have changed the margins for one company and are

now amending the final results.

EFFECTIVE DATE: May 6, 1994.

FOR FURTHER INFORMATION CONTACT: Lorenza Olivas or Rick Herring, Office

of Countervailing Compliance, International Trade Administration, U.S.

Department of Commerce, Washington, DC 20230; Telephone: (202) 482-

2786.

SUPPLEMENTARY INFORMATION:

Background

On August 16, 1993, the Department published the final results of

its administrative review of the antidumping duty order on porcelain-

on-steel cooking ware from Mexico (58 FR 43327). The review covered the

period December 1, 1989 through November 30, 1990.

On August 24, 1993, we received a letter from counsel for CINSA,

S.A., alleging that the Department had made ministerial errors.

Petitioner submitted rebuttals to respondent's comments on September 1,

1993. On December 23, 1993, we determined that ministerial errors were

made. (See Memorandum to Joseph A. Spetrini dated December 23, 1993;

Corrections of Alleged Clerical/Ministerial Errors in Antidumping Duty

Administrative Review.) Although these final results are the subject of

litigation before the Court of International Trade (the Court), by

order dated March 31, 1994, the Court granted the Department leave to

correct these errors.

Amended Final Results of Review

After reviewing all comments, we have corrected the errors where

appropriate.

We corrected the double counting of CINSA's freight expenses for

U.S. sales by deducting only the U.S. dollar factor amount, instead of

both the dollar and pesos amounts, from U.S. prices to arrive at the

net price used in our price-to-price comparisons.

We recalculated the brokerage charges on U.S. sales and used the

correct brokerage expense factor to derive total brokerage charges.

We made an additional correction. We recalculated the home market

sales price used in our determination of sales below cost by adding the

value added tax to the home market price as stated in our notice of

final results.

For further discussion of the Department's positions on the above

corrections, see Memorandum to Joseph A. Spetrini dated December 23,

1993; Corrections of Alleged Clerical/Ministerial Errors in Antidumping

Duty Administrative Review.

As a result of our corrections of clerical errors, we determine the

margin for CINSA, S.A., to be 6.71 percent.

Based on this rate, the Department will instruct the Customs

Service to collect cash deposits of estimated antidumping duties and to

assess antidumping duties on all appropriate entries in accordance with

the procedures discussed in the final results of this review (58 FR

43327). These deposit requirements, when imposed, shall remain in

effect until publication of the final results of the next

administrative review.

This notice also serves as a final reminder to importers of their

responsibility under 19 CFR 353.26 to file a certificate regarding the

reimbursement of antidumping duties prior to liquidation of the

relevant entries during the 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 is in accordance with sections 751(f) of the Tariff Act

of 1930, as amended (19 U.S.C. 1675(f)) and 19 CFR 353.28(c).

Dated: April 30, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-10990 Filed 5-5-94; 8:45 am]

BILLING CODE 3510-DS-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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