Porcelain-on-Steel Cooking Ware from the People's Republic of China and Taiwan; Five-year (“Sunset”) Reviews of Antidumping Duty Orders; Final Results, 58187-58188 [E5-5456]

Download as PDF Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices of the final results to no later than December 5, 2005, in accordance with section 751(a)(3)(A) of the Act. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 29, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–5459 Filed 10–4–05; 8:45 am] BILLING CODE: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–570–506, A–583–508) Porcelain–on-Steel Cooking Ware from the People’s Republic of China and Taiwan; Five-year (‘‘Sunset’’) Reviews of Antidumping Duty Orders; Final Results Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 1, 2005, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty orders on porcelain–on-steel cooking ware from the People’s Republic of China (‘‘PRC’’) and Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as amended, (‘‘the Act’’). On the basis of the notice of intent to participate and adequate substantive responses filed on behalf of the domestic interested parties, and inadequate responses from respondent interested parties, the Department conducted expedited sunset reviews. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ‘‘Final Results of Reviews.’’ EFFECTIVE DATE: October 5, 2005. FOR FURTHER INFORMATION CONTACT: Maureen Flannery, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482–3020. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 1, 2005, the Department initiated sunset reviews of the antidumping duty orders on porcelain– on-steel cooking ware from the PRC and Taiwan pursuant to section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Reviews, 70 FR 9919 (March VerDate Aug<31>2005 16:03 Oct 04, 2005 Jkt 208001 1, 2005). The Department received notices of intent to participate from a domestic interested party, Columbian Home Products, LLC (‘‘Columbian’’), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. Columbian claimed interested party status pursuant to section 771(9)(C) of the Act as a U.S. producer of the domestic like product. We received a submission from the domestic interested party within the 30day deadline specified in section 351.218(d)(3)(I) of the Department’s regulations. However, we did not receive submissions from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department’s regulations, the Department conducted expedited sunset reviews of these orders. Scope of the Orders PRC The merchandise covered by this 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 (‘‘HTS’’) item 7323.94.00. HTS items numbers are provided for convenience and customs purposes. The written description of the scope remains dispositive. In response to a request from CGS International, on January 30, 1991, the Department clarified that high quality, hand finished cookware, including the small basin, medium basin, large basin, small colander, large colander, 8’’ bowl, 6’’ bowl, mugs, ash tray, napkin rings, utensil holder and utensils, ladle, cream & sugar, and mixing bowls are properly considered kitchen ware and are, therefore, outside the scope of the order. Further, the Department clarified that CGS International’s casserole, 12–cup coffee pot, 6–cup coffee pot, roasting pan, oval roaster, and butter warmer are within the scope of the order (see Notice of Scope Rulings, 56 FR 19833 (April 30, 1991)). In response to a request from Texsport, on August 8, 1990, the Department determined that camping sets, with the exception of the cups and plates included in those sets, are within the scope of the order (see Notice of Scope Rulings, 55 FR 43020 (October 25, 1990)). On March 8, 2000, Tristar Products’ grill set with aluminum grill plate was PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 58187 found to be outside the scope of the order (see Notice of Scope Rulings, 65 FR 41957 (July 7, 2000)). On October 29, 2003, Target Corporation’s certain enamel–clad beverage holders and dispensers were found to be outside the scope of the order (see Notice of Scope Rulings, 70 FR 24533 (May 10, 2005)). On January 4, 2005, Taybek International’s Pro Popper professional popcorn popper was found to be within the scope of the order (see Notice of Scope Rulings, 70 FR 41374 (July 19, 2005)). Taiwan The merchandise covered by this order is porcelain–on-steel cooking ware from Taiwan 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. Kitchen ware and teakettles are not subject to this order The merchandise is currently classifiable under the HTS item number 7323.94.00. The HTS subheading is provided for convenience and customs purposes. The written description of the scope remains dispositive. On August 23, 1990, in response to a request from RSVP, BBQ grill baskets were found to be outside the scope of the order (see Notice of Scope Rulings, 55 FR 43020 (October 25, 1990)). On September 3, 1992, in response to a request from Mr. Stove Ltd., stove top grills and drip pans were found to be outside the scope of the order (see Notice of Scope Rulings, 57 FR 57420 (December 4, 1992)). On September 25, 1992, in response to a request from Metrokane Inc., the ‘‘Pasta Time’’ pasta cooker was found to be within the scope of the order (see Notice of Scope Rulings, 57 FR 57420 (December 4, 1992)). On August 18, 1995, Blair Corporation’s Blair cooking ware items #1101 (seven piece cookware set), #271911 (eight–quart stock pot), and #271921 (twelve–quart stock pot) were found to be outside the scope of the order (see Notice of Scope Rulings, 60 FR 54213 (October 20, 1995)). On October 30, 1996, Cost Plus, Inc.’s 10 piece porcelain–on-steel fondue set was found to be within the scope of the order (see Notice of Scope Rulings, 62 FR 9176 (February 28, 1997)). Analysis of Comments Received All issues raised in these cases are addressed in the ‘‘Issues and Decision Memorandum’’ from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Holly A. Kuga, Acting Assistant Secretary for E:\FR\FM\05OCN1.SGM 05OCN1 58188 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices Import Administration, dated September 27, 2005 (‘‘Decision Memorandum’’), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these sunset reviews and the corresponding recommendations in this public memorandum, which is on file in room B–099 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on our Web site at https:// ia.ita.doc.gov. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Reviews We determine that revocation of the antidumping duty orders on porcelain– on-steel cooking ware from the PRC and Taiwan would likely lead to continuation or recurrence of dumping at the following percentage weighted– average margins: Weighted– Average Margin (Percent) Manufacturers/Exporters/Producers PRC. China National Light Industrial Products Import and Export Corporation ............................. PRC–wide Rate .......................... Taiwan. First Enamel Industrial Corp. ...... Tian Shine Enterprise Co., Ltd. .. Tou Tien Metal (Taiwan) Co., Ltd. .......................................... Li–Fong Industrial Co., Ltd. ........ Li–Mow Enameling Co. Ltd. ....... Receive Will Industry Co. ........... All Others Rate ........................... 66.65 66.65 9.04 1.99 2.67 2.63 6.48 23.12 6.82 This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305 of the Department’s regulations. Timely 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 terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. VerDate Aug<31>2005 16:46 Oct 04, 2005 Jkt 208001 Dated: September 27, 2005. Holly A. Kuga, Acting Assistant Secretary for Import Administration. [FR Doc. E5–5456 Filed 10–5–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–307–820 Silicomanganese from Venezuela: Notice of Rescission of Antidumping Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Hornos Electricos de Venezuela (Hevensa), a Venezuelan producer and exporter of silicomanganese, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on silicomanganese from Venezuela. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, 70 FR 37749 (Initiation Notice). This administrative review covered the period of May 1, 2004, through April 30, 2005. We are now rescinding this review as a result of Hevensa’s withdrawal of its request for an administrative review. EFFECTIVE DATE: October 5, 2005. FOR FURTHER INFORMATION CONTACT: Brian Sheba, Maryanne Burke or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Room 7868, Washington, DC 20230; telephone (202) 482–0145, (202) 482–5604 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department published an antidumping duty order on silicomanganese from Venezuela on May 23, 2002. See Notice of Amended Final Determination of Sales at Less than Fair Value and Antidumping Duty Orders: Silicomanganese from India, Kazakhstan, and Venezuela, 67 FR 36149 (May 23, 2002). On May 2, 2005, the Department published a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order for the period of May 1, 2004, through April 30, 2005. See Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding or PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Suspended Investigation, 70 FR 22631 (May 2, 2005). Hevensa requested that the Department conduct an administrative review of the antidumping duty order on silicomanganese from Venezuela on May 31, 2005. In response to this request, the Department published the initiation of the antidumping duty administrative review on silicomanganese from Venezuela on June 30, 2005. See Initiation Notice. On September 12, 2005, Hevensa submitted a letter withdrawing its request for an administrative review. The request for review submitted by Hevensa was the only request for administrative review of this order for the period May 1, 2004, through April 30, 2005. Rescission of the Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review under this section, in whole or in part, if a party that requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. The notice was published on June 30, 2005. We received Hevensa’s request on September 12, 2005, less than 90 days after publication of the notice. Since the sole party who requested this administrative review, Hevensa, has withdrawn its request in a timely manner, we are rescinding this review. The Department will issue appropriate assessment instructions to U.S. Customs and Border Protection within 15 days of publication of this notice. This notice 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 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable violation. This notice is published in accordance with section 777(I) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: September 29, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–5458 Filed 10–4–05; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Notices]
[Pages 58187-58188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5456]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-506, A-583-508)


Porcelain-on-Steel Cooking Ware from the People's Republic of 
China and Taiwan; Five-year (``Sunset'') Reviews of Antidumping Duty 
Orders; Final Results

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty orders 
on porcelain-on-steel cooking ware from the People's Republic of China 
(``PRC'') and Taiwan, pursuant to section 751(c) of the Tariff Act of 
1930, as amended, (``the Act''). On the basis of the notice of intent 
to participate and adequate substantive responses filed on behalf of 
the domestic interested parties, and inadequate responses from 
respondent interested parties, the Department conducted expedited 
sunset reviews. As a result of these sunset reviews, the Department 
finds that revocation of the antidumping duty orders would likely lead 
to continuation or recurrence of dumping at the levels listed below in 
the section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: October 5, 2005.

FOR FURTHER INFORMATION CONTACT: Maureen Flannery, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC, 20230; telephone: (202) 482-3020.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2005, the Department initiated sunset reviews of the 
antidumping duty orders on porcelain-on-steel cooking ware from the PRC 
and Taiwan pursuant to section 751(c) of the Act. See Initiation of 
Five-year (``Sunset'') Reviews, 70 FR 9919 (March 1, 2005). The 
Department received notices of intent to participate from a domestic 
interested party, Columbian Home Products, LLC (``Columbian''), within 
the deadline specified in section 351.218(d)(1)(i) of the Department's 
regulations. Columbian claimed interested party status pursuant to 
section 771(9)(C) of the Act as a U.S. producer of the domestic like 
product. We received a submission from the domestic interested party 
within the 30-day deadline specified in section 351.218(d)(3)(I) of the 
Department's regulations. However, we did not receive submissions from 
any respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the 
Department's regulations, the Department conducted expedited sunset 
reviews of these orders.

Scope of the Orders

PRC

    The merchandise covered by this 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 (``HTS'') item 7323.94.00. HTS items numbers are provided for 
convenience and customs purposes. The written description of the scope 
remains dispositive.
    In response to a request from CGS International, on January 30, 
1991, the Department clarified that high quality, hand finished 
cookware, including the small basin, medium basin, large basin, small 
colander, large colander, 8'' bowl, 6'' bowl, mugs, ash tray, napkin 
rings, utensil holder and utensils, ladle, cream & sugar, and mixing 
bowls are properly considered kitchen ware and are, therefore, outside 
the scope of the order. Further, the Department clarified that CGS 
International's casserole, 12-cup coffee pot, 6-cup coffee pot, 
roasting pan, oval roaster, and butter warmer are within the scope of 
the order (see Notice of Scope Rulings, 56 FR 19833 (April 30, 1991)).
    In response to a request from Texsport, on August 8, 1990, the 
Department determined that camping sets, with the exception of the cups 
and plates included in those sets, are within the scope of the order 
(see Notice of Scope Rulings, 55 FR 43020 (October 25, 1990)).
    On March 8, 2000, Tristar Products' grill set with aluminum grill 
plate was found to be outside the scope of the order (see Notice of 
Scope Rulings, 65 FR 41957 (July 7, 2000)).
    On October 29, 2003, Target Corporation's certain enamel-clad 
beverage holders and dispensers were found to be outside the scope of 
the order (see Notice of Scope Rulings, 70 FR 24533 (May 10, 2005)).
    On January 4, 2005, Taybek International's Pro Popper professional 
popcorn popper was found to be within the scope of the order (see 
Notice of Scope Rulings, 70 FR 41374 (July 19, 2005)).

Taiwan

    The merchandise covered by this order is porcelain-on-steel cooking 
ware from Taiwan 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. Kitchen ware and teakettles 
are not subject to this order The merchandise is currently classifiable 
under the HTS item number 7323.94.00. The HTS subheading is provided 
for convenience and customs purposes. The written description of the 
scope remains dispositive.
    On August 23, 1990, in response to a request from RSVP, BBQ grill 
baskets were found to be outside the scope of the order (see Notice of 
Scope Rulings, 55 FR 43020 (October 25, 1990)).
    On September 3, 1992, in response to a request from Mr. Stove Ltd., 
stove top grills and drip pans were found to be outside the scope of 
the order (see Notice of Scope Rulings, 57 FR 57420 (December 4, 
1992)).
    On September 25, 1992, in response to a request from Metrokane 
Inc., the ``Pasta Time'' pasta cooker was found to be within the scope 
of the order (see Notice of Scope Rulings, 57 FR 57420 (December 4, 
1992)).
    On August 18, 1995, Blair Corporation's Blair cooking ware items 
1101 (seven piece cookware set), 271911 (eight-quart 
stock pot), and 271921 (twelve-quart stock pot) were found to 
be outside the scope of the order (see Notice of Scope Rulings, 60 FR 
54213 (October 20, 1995)).
    On October 30, 1996, Cost Plus, Inc.'s 10 piece porcelain-on-steel 
fondue set was found to be within the scope of the order (see Notice of 
Scope Rulings, 62 FR 9176 (February 28, 1997)).

Analysis of Comments Received

    All issues raised in these cases are addressed in the ``Issues and 
Decision Memorandum'' from Barbara E. Tillman, Acting Deputy Assistant 
Secretary for Import Administration, to Holly A. Kuga, Acting Assistant 
Secretary for

[[Page 58188]]

Import Administration, dated September 27, 2005 (``Decision 
Memorandum''), which is hereby adopted by this notice. The issues 
discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the orders were revoked. Parties can find a 
complete discussion of all issues raised in these sunset reviews and 
the corresponding recommendations in this public memorandum, which is 
on file in room B-099 of the main Department of Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on our Web site at https://ia.ita.doc.gov. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
porcelain-on-steel cooking ware from the PRC and Taiwan would likely 
lead to continuation or recurrence of dumping at the following 
percentage weighted-average margins:

------------------------------------------------------------------------
                                                            Weighted-
           Manufacturers/Exporters/Producers              Average Margin
                                                            (Percent)
------------------------------------------------------------------------
PRC....................................................
China National Light Industrial Products Import and              66.65
 Export Corporation....................................
PRC-wide Rate..........................................          66.65
Taiwan.................................................
First Enamel Industrial Corp...........................           9.04
Tian Shine Enterprise Co., Ltd.........................           1.99
Tou Tien Metal (Taiwan) Co., Ltd.......................           2.67
Li-Fong Industrial Co., Ltd............................           2.63
Li-Mow Enameling Co. Ltd...............................           6.48
Receive Will Industry Co...............................          23.12
All Others Rate........................................           6.82
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely 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 terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 27, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5456 Filed 10-5-05; 8:45 am]
BILLING CODE 3510-DS-S