Porcelain-on-Steel Cookware From Mexico: Notice of Amended Final Results of Antidumping Duty Administrative Review

[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]

[Notices]

[Pages 43594-43595]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 98-21928]

[[Page 43593]]

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Part V

Department of Commerce

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International Trade Administration

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Porcelain-on-Steel Cookware From Mexico; Amended Final Results of

Antidumping Duty Administrative Review; Notice

Federal Register / Vol. 63, No. 156 / Thursday, August 13, 1998 /

Notices

[[Page 43594]]

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-504]

Porcelain-on-Steel Cookware From Mexico: Notice of Amended Final

Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: August 13, 1998.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or David J.

Goldberger, Import Administration, International Trade Administration,

U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone, (202) 482-4929 or (202) 482-4136,

respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

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, as amended (the

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

otherwise indicated, all citations to the Department of Commerce's (the

Department's) regulations are to the provisions codified at 19 CFR Part

353 (April 1997).

Scope of the Review

The merchandise covered by this review is porcelain-on-steel

cookware, including tea kettles, 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. This

merchandise is currently classifiable under Harmonized Tariff Schedule

of the United States (HTSUS) subheading 7323.94.00. Kitchenware

currently entering under HTSUS subheading 7323.94.00.30 is not subject

to the order. Although the HTSUS subheadings are provided for

convenience and Customs purposes, our written description of the scope

of this proceeding is dispositive.

Amendment of Final Results

On July 16, 1998, the Department of Commerce (the Department)

published the final results of the administrative review of the

antidumping duty order on porcelain-on-steel cookware from Mexico (63

FR 38373). This review covered Cinsa, S.A. de C.V. (Cinsa) and

Esmaltaciones de Norte America, S.A. de C.V. (ENASA), exporters of the

subject merchandise to the United States. The period of review (POR) is

December 1, 1995, through November 30, 1996.

On July 23, 1998, counsel for respondents filed an allegation of a

ministerial error with regard to the final results in this review. See

August 7, 1998, Memorandum from the Team to Louis Apple for a detailed

description of respondents' allegation.

Comment: Use of Incorrect Exchange Rates.

Respondents alleged that the Department made a ministerial error,

as defined in 19 CFR 353.28(d), by inadvertently using the 40-day

rolling average exchange rates rather than daily exchange rates, as

certified by the Federal Reserve, for currency conversion purposes. The

respondents claim that in the preliminary results Federal Register

notice the Department stated that it intended to use daily exchange

rates, as certified by the Federal Reserve. See Porcelain-on-Steel

Cookware from Mexico: Preliminary Results of Antidumping Duty

Administrative Review, 63 FR 1430 (January 9, 1998). However, a review

of the preliminary results computer program establishes that the

Department used the 40-day rolling average exchange rates, and not the

daily certified exchange rates. Cinsa and ENASA noted in their case

brief that in cases where the Department determines that the home

market economy was hyper-inflationary, as in the case of Mexico during

the period of review, daily exchange rates are to be used. Accordingly,

respondents claim that for purposes of the final results, the

Department should have used the daily exchange rates in its margin

program.

DOC Position: We agree with the respondents. In the final results

we stated that we intended to change the exchange rate methodology and

use the certified daily exchange rates for purposes of the final

results. However, the 40-day rolling average rates were inadvertently

used for purposes of the final results. Because it was our express

intent to utilize the daily rates in our results, we conclude that the

Department made a ministerial error, as defined by 19 CFR 353.28(d), in

not amending the computer program. Thus, in accordance with 19 CFR

353.28(c), we have corrected this ministerial error and amended the

final results.

Amended Final Results of Review

As a result of our review, we have determined that the following

margins exist:

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

Margin

Manufacturer/exporter Review period percent

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

Cinsa.................................. 12/1/95-11/30/96 16.91

ENASA.................................. 12/1/95-11/30/96 61.66

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

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. Individual

differences between United States price and foreign market value may

vary from the percentages stated above. The Department will issue

appraisement instructions directly to the Customs Service. Furthermore,

the following deposit requirements will be effective, upon publication

of this notice of amended final results of review for all shipments of

porcelain-on-steel cookware from Mexico entered, or withdrawn from

warehouse, for consumption on or after the publication date, as

provided for by section 751(a)(1) of the Act: (1) the cash deposit rate

for the reviewed companies will be the rate for the firms as stated

above; (2) for previously investigated companies not listed above, 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 in this review, or the original 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 will

continue to be 29.52 percent for porcelain-on-steel cookware from

Mexico, the all others rate established in the LTFV investigation.

These cash deposit requirements, when imposed, 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 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 order (APO) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with section 353.34(d) of the Department's

regulations. Timely notification of return/destruction of APO materials

or conversion to judicial

[[Page 43595]]

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 are in accordance with

section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

Dated: August 10, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-21928 Filed 8-12-98; 9:10 am]

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