Porcelain-on-Steel Cooking Ware from Mexico; Final Results of Antidumping Duty New Shipper Administrative Review

Federal RegisterApr 8, 1996

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DEPARTMENT OF COMMERCE

[A-201-504]

Porcelain-on-Steel Cooking Ware from Mexico; Final Results of

Antidumping Duty New Shipper Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty New Shipper

Administrative Review.

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SUMMARY: On February 9, 1996, the Department of Commerce (the

Department) issued preliminary results of a new shipper administrative

review of the antidumping duty order on porcelain-on-steel cooking ware

(POS cooking ware) from Mexico (61 FR 4957). The review covers one

manufacturer/exporter of the subject merchandise, Esmaltaciones San

Ignacio, S.A. (San Ignacio) to the United States during the period

January 1, 1995 through June 30, 1995.

We gave interested parties an opportunity to comment on our

preliminary results and no comments were received. Therefore, the final

results remain unchanged from the preliminary results. The final

weighted-average dumping margin for the reviewed firm is listed below

in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: April 8, 1996.

FOR FURTHER INFORMATION CONTACT: Laura Merchant or Thomas Futtner,

Office of Antidumping Compliance, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Ave, NW., Washington, DC 20230; telephone (202) 482-5253.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act), by the

Uruguay Round Agreements Act (URAA). In addition, unless otherwise

indicated, all citations to the Department's regulations are to the

current regulations, as amended by the interim regulations published in

the Federal Register on May 11, 1995 (60 FR 25130).

Background

On February 9, 1996, the Department issued preliminary results (61

FR 4957) of its new shipper review of the antidumping duty order on

porcelain-on-steel cooking ware from Mexico (51 FR 43415, December 2,

1986). The preliminary results indicated that San Ignacio sold subject

merchandise at not less than normal value during the POR. We invited

parties to comment on the preliminary results.

The Department has now conducted this review in accordance with

section 751 of the Act and section 353.22 of its regulations.

Scope of the Review

Imports covered by the review are shipments of POS cooking ware,

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.

This merchandise is currently classifiable under Harmonized Tariff

Schedule (HTS) item number 7323.94.00. Kitchenware currently entering

under HTS item number 7323.94.00.30 is not subject to the order. The

HTS item number is provided for convenience and Customs purposes. The

written description remains dispositive.

Final Results of Review

We gave interested parties an opportunity to comment on our

preliminary results. We received no comments. The final results remain

unchanged from the preliminary results as the Department used the same

methodology described in the preliminary results. As a result of our

comparison of the export price (EP) and normal value (NV), we determine

that the following weighted-average dumping margin exists:

------------------------------------------------------------------------

Manufacturer/Exporter Margin

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San Ignacio.................................................... 0.00

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The results of this review shall be the basis for the assessment of

antidumping duties on entries of merchandise covered by the

determination and for future deposits of estimated duties. The posting

of a bond or security in lieu of a cash deposit, pursuant to section

751(a)(2)(B)(iii) of the Act and section 353.22(h)(4) of the

Department's regulations, will no longer be permitted for this firm.

The Department will issue appraisement instructions directly to the

Customs Service.

Furthermore, the following deposit requirements will be effective

for all shipments of the subject merchandise, entered, or withdrawn

from warehouse, for consumption on or after the publication date of

these final results of this administrative review, as provided for by

section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the

reviewed company will be zero percent; (2) for exporters not covered in

this review, but covered in previous reviews or the original less-than-

fair-value (LTFV) investigation, the cash deposit rate will continue to

be the company-specific rate published for the most recent period; (3)

if the exporter is not a firm covered by this review, or the original

LTFV investigation, but the manufacturer is, the cash deposit rate will

be the rate established for the most recent period for the manufacturer

of the merchandise; and (4) the cash deposit rate for all other

manufacturers or exporters not previously reviewed will continue to be

29.52 percent, the ``All Others'' rate made effective by the final

results of review published on January 9, 1995 (see Notice of Final

Results of Antidumping Duty Administrative Review, 60 FR 2378) and as

amended on February 8, 1995 (60 FR 7521). This is the ``All Others''

rate from the LTFV investigation.

These deposit requirements shall remain in effect until publication

of the final results of the next administrative review.

This notice 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 this

[[Page 15464]]

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 reminder to parties subject to

administrative protective orders (APOs) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.34(d)(1). Timely written notification

of the 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.

This new shipper administrative review and notice are in accordance

with section 751(a)(2)(B) of the Act (19 U.S.C. 1675(a)(2)(B)) and 19

CFR 353.22(h).

Dated: March 27, 1996.

Susan G. Esserman,

Assistant Secretary, for Import Administration.

[FR Doc. 96-8516 Filed 4-5-96; 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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