Porcelain-on-Steel Cookware From Mexico: Notice of Panel Decision and Amended Final Results of Antidumping Duty Administrative Review in Accordance With Decision Upon Remand

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-504]

Porcelain-on-Steel Cookware From Mexico: Notice of Panel Decision

and Amended Final Results of Antidumping Duty Administrative Review in

Accordance With Decision Upon Remand

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of panel decision and amendment to final results of

antidumping duty administrative review in accordance with decision upon

remand.

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SUMMARY: As a result of a remand from a Binational Panel, convened

pursuant to the North American Free Trade Agreement, the Department of

Commerce is amending its final results in the ninth antidumping duty

administrative review of Porcelain-on-Steel Cookware from Mexico

(December 1, 1994-November 30, 1995). The Department of Commerce has

determined, in accordance with the instruction of the Binational Panel,

the dumping margin for entries of porcelain-on-steel cookware from

Mexico produced by Esmaltaciones de Norte America, S.A. de C.V. to be

16.97 percent. The margin for Cinsa, S.A. de C.V. is not affected by

this remand.

EFFECTIVE DATE: August 6, 1999.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or David J.

Goldberger, Office 2, AD/CVD Enforcement Group I, Import

Administration, Room B099, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, NW,

Washington DC 20230; telephone (202) 482-4929, or 482-4136,

respectively.

SUPPLEMENTARY INFORMATION:

Background

On August 7, 1997, the Department of Commerce (the Department)

published in the Federal Register (62 FR 42496) the final results of

antidumping duty administrative review for Porcelain-on-Steel Cookware

from Mexico. Subsequent to the final results, Columbian Home Products

(the petitioner), Cinsa, S.A. de C.V. (Cinsa) and Esmaltaciones de

Norte America, S.A. de C.V. (ENASA) challenged the Department's

findings and requested that the Binational Panel (the Panel) review the

final results.

Thereafter, the Panel remanded the Department's final results with

respect to one issue--whether the Department should utilize the

indirect selling expense ratio submitted by Yamaka China (Yamaka) in

determining Yamaka's indirect selling expenses on its sales of

porcelain-on-steel cookware produced by ENASA. Specifically, the Panel

directed the Department (1) to determine, after addressing both the

petitioner's ministerial error letter and Cinsa's submission opposing

the petitioner's letter, whether the Department did in fact make a

ministerial error; (2) if it did, to correct the error, and (3) in

making any correction, to consider comments from the parties on the

proper calculation, specifically address those comments in its remand

determination, and explain the basis for the correction in

detail.1

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\1\ For a complete discussion of the Department's reasoning in

the selection of an indirect selling expense ratio, see

Redetermination on Remand: Certain Porcelain-on-Steel Cookware from

Mexico: Final Results of Antidumping Duty Administrative Review

(June 3, 1999).

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We have determined that the use of an indirect selling expense

ratio for affiliated importer Global Imports, Inc., rather than the

indirect selling expense ratio for affiliated importer and reseller

Yamaka in calculating the margin for Yamaka's sales of porcelain-on-

steel cookware produced by ENASA, was in fact a ministerial error and

have, therefore, corrected that error. The Department submitted its

remand determination on June 4, 1999.

On July 20, 1999, the Panel affirmed the remand determination of

the Department. (See Porcelain-on-Steel Cookware from Mexico (9th

Administrative Review), USA-97-1904-07 (Final Panel Order).) As a

result, the margin for ENASA increased from 2.74 to 16.97 percent. The

margin for Cinsa is not affected by this remand because the sales

through Yamaka consisted solely of ENASA-produced merchandise. Because

the Department has since concluded additional administrative reviews,

the cash deposit rate for ENASA remains that established by the most

recently completed administrative review. The Department will issue

appraisement instructions directly to the Customs Service.

This amendment to the final results of antidumping duty

administrative review notice is in accordance with section 751(a)(1) of

the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)(1)), and 19 CFR

351.221.

Dated: July 30, 1999.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-20342 Filed 8-5-99; 8:45 am]

BILLING CODE 3510-DS-P