Porcelain-on-Steel Cooking Ware from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 75081-75082 [E8-29221]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Notices Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thickness 0.148 inches and 65,000 psi minimum for ‘‘thicknesses’’ > 0.148 inches; account for 64 FR 38650; Tensile Strength = 80,000 psi minimum. • Hot–rolled dual phase steel, phase– hardened, primarily with a ferritic– martensitic microstructure, contains 0.9 percent up to and including 1.5 percent silicon by weight, further characterized by either (i) tensile strength between 540 N/mm2 and 640 N/mm2 and an elongation percentage ≥ 26 percent for thicknesses of 2 mm and above, or (ii) a tensile strength between 590 N/mm2 and 690 N/mm2 and an elongation percentage ≥ 25 percent for thicknesses of 2 mm and above. • Hot–rolled bearing quality steel, SAE grade 1050, in coils, with an inclusion rating of 1.0 maximum per ASTM E 45, Method A, with excellent surface quality and chemistry restrictions as follows: 0.012 percent maximum phosphorus, 0.015 percent maximum sulfur, and 0.20 percent maximum residuals including 0.15 percent maximum chromium. • Grade ASTM A570–50 hot–rolled steel sheet in coils or cut lengths, width of 74 inches (nominal, within ASTM tolerances), thickness of 11 gauge (0.119 inch nominal), mill edge and skin passed, with a minimum copper content of 0.20%. The merchandise subject to this order is currently classified in the HTSUS at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00, 7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60, 7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60, 7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30, 7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90, 7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00, 7208.90.00.00, 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00, 7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30, 7211.19.75.60, 7211.19.75.90, 7212.40.10.00, 7212.40.50.00, 7212.50.00.00. Certain hot–rolled flat–rolled carbon–quality steel covered by this order, including: vacuum degassed, fully stabilized; high strength low alloy; and the substrate for motor lamination steel may also enter under the following tariff numbers: 7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00, VerDate Aug<31>2005 16:49 Dec 09, 2008 Jkt 217001 7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30, 7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 7226.99.01.80. Although the HTSUS subheadings are provided for convenience and Customs purposes, the written description of the merchandise under the order is dispositive. Final Rescission of Administrative Review In the Preliminary Results, the Department issued a notice of its intent to rescind this review because it was satisfied that there were no U.S. entries of subject merchandise from the respondents (i.e., CST and CSN) during the POR as indicated by the record. See Preliminary Results, at 73 FR 51443. As the Department received no comments on its intent to rescind this review, it continues to find that rescission of the review is appropriate. Therefore, the Department is rescinding this review. Assessment Rates The Department intends to issue assessment instructions to the U.S. Customs and Border Protection (‘‘CBP’’) 15 days after the date of publication of this rescission of administrative review. The Department will direct CBP to assess antidumping duties for CST and CSN at the cash deposit rate in effect on the date of entry for entries during the period March 1, 2007, through February 29, 2008. Notification to Importers This notice serves as a final reminder to importers for whom this review is being rescinded, of their responsibility under 19 CFR 351.402(f) to file a certificate regarding 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. Notification Regarding Administrative Protective Orders 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 75081 with the regulations and terms of an APO is a sanctionable violation. This notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: December 3, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E8–29210 Filed 12–9–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–506 Porcelain–on-Steel Cooking Ware from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 8, 2008, the Department of Commerce (‘‘Department’’) published the preliminary results of its administrative review of the antidumping duty order on porcelain–on-steel cooking ware from the People’s Republic of China (‘‘PRC’’), covering the period December 1, 2006, to November 30, 2007. See Porcelain–on-Steel Cooking Ware from the People’s Republic of China: Notice of Preliminary Results of Antidumping Duty Administrative Review, 73 FR 52021 (September 8, 2008) (‘‘Preliminary Results’’). The Department received no comments on its Preliminary Results. Therefore, the final dumping margin for this review is unchanged from the Preliminary Results, and is listed in the ‘‘Final Results of the Review’’ section below. EFFECTIVE DATE: December 10, 2008. FOR FURTHER INFORMATION CONTACT: Toni Dach or Scot Fullerton, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1655 or (202) 482–1386, respectively. Background In response to a request from Columbian Home Products, LLC and OXO International Ltd., an importer of the subject merchandise, the Department initiated an administrative review of producer Xiamen Songson Plastic Hardware Co., Ltd’s (‘‘Songson’’) exports of porcelain–on-steel cooking E:\FR\FM\10DEN1.SGM 10DEN1 mstockstill on PROD1PC66 with NOTICES 75082 Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Notices ware from the PRC. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 73 FR 4829 (January 28, 2008). On January 31, 2008, the Department issued its sections A, C and D antidumping duty questionnaire to Songson. The section A response was due on February 21, 2008, and the sections C and D response, as well as U.S. sales and factors of production (‘‘FOP’’) reconciliations, were due on March 10, 2008. On February 19, 2008, Songson requested an extension, until March 6, 2008, to file its section A response, and until March 24, 2008, to submit its sections C and D responses. On February 20, 2008, the Department granted Songson’s extension request. We received the company’s response to section A via regular mail on March 6, 2008. On March 14, 2008, the Department rejected Songson’s section A response, as it was not filed in accordance with the Department’s regulations. We granted Songson a second opportunity to file a complete section A response, and Songson submitted its revised section A response on March 28, 2008. Songson did not submit its sections C and D responses, or the required sales and FOP reconciliations by the extended due date, or on any date thereafter. Due to the numerous deficiencies in Songson’s section A response, the Department concluded that the company had not satisfactorily demonstrated the absence of de jure or de facto control over the export activities of Songson by the PRC government. The Department preliminarily determined that Songson did not qualify for a separate rate and is part of the PRC–wide entity. See Preliminary Results, at 52022. Because Songson did not provide a complete section A response or a sections C and D response, the Department had no information with which to calculate an antidumping duty margin. Therefore, the Department found that facts available pursuant to sections 776(a)(2)(A) and (C) of the Tariff Act of 1930 (‘‘Act’’) was warranted for the PRC–wide entity, including Songson, as Songson had withheld the information requested by the Department and had significantly impeded the proceeding. See id. The Department also found that total adverse facts available was warranted for the PRC–wide entity, including Songson, because it failed to cooperate to the best of its ability pursuant to section 776(a)(2) and 776(b) of the Act in not providing the necessary information requested by the Department. Id. at 52023. VerDate Aug<31>2005 16:49 Dec 09, 2008 Jkt 217001 As noted above, on September 8, 2008, the Department published the Preliminary Results and we invited interested parties to comment. No interested party, including Songson, submitted any case brief or comment, nor requested any hearing on the Department’s Preliminary Results. Therefore, for these final results, the Department made no change in the final dumping margin from the Preliminary Results. Scope of Order The merchandise covered by the 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 of the United States (‘‘HTSUS’’) item 7323.94.00. HTSUS item numbers are provided for convenience and customs purposes. The written description of the scope remains dispositive. Final Results of the Review The Department finds that the following margin exists for the following exporters under review for the period December 1, 2006, through November 30, 2007: PORCELAIN–ON-STEEL COOKING WARE FROM THE PRC Manufacturer/Exporter Weighted– Average Margin (Percent) PRC–Wide Entity (which includes Xiamen Songson Plastic Hardware Co., Ltd.) ............ 66.65 Assessment of Antidumping Duties The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries pursuant to section 751(a)(1)(B) of the Act, and 19 CFR 351.212(b). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of the final results of this review. Cash Deposit Requirements The following cash–deposit requirements will be effective upon publication of the final results for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Act: (1) for subject merchandise exported by the PRC–wide entity, including Songson, the cash–deposit rate will be equal to 66.65 percent; (2) for previously investigated or reviewed PRC and non–PRC exporters not listed above that have a separate rate, the cash deposit rate will continue to be the exporter–specific rate published for the most recent period; (3) for all other PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash–deposit rate will be the PRC–wide rate of 66.65 percent; (4) for all non–PRC exporters of subject merchandise which have not received their own rate, the cash–deposit rate will be the rate applicable to the PRC exporter that supplied that non–PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 final reminder to parties subject to the administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable violation. This administrative review and notice is in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 3, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–29221 Filed 12–9–08; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Pages 75081-75082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29221]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-506


Porcelain-on-Steel Cooking Ware from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 8, 2008, the Department of Commerce 
(``Department'') published the preliminary results of its 
administrative review of the antidumping duty order on porcelain-on-
steel cooking ware from the People's Republic of China (``PRC''), 
covering the period December 1, 2006, to November 30, 2007. See 
Porcelain-on-Steel Cooking Ware from the People's Republic of China: 
Notice of Preliminary Results of Antidumping Duty Administrative 
Review, 73 FR 52021 (September 8, 2008) (``Preliminary Results''). The 
Department received no comments on its Preliminary Results. Therefore, 
the final dumping margin for this review is unchanged from the 
Preliminary Results, and is listed in the ``Final Results of the 
Review'' section below.

EFFECTIVE DATE: December 10, 2008.

FOR FURTHER INFORMATION CONTACT: Toni Dach or Scot Fullerton, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1655 or (202) 482-1386, 
respectively.

Background

    In response to a request from Columbian Home Products, LLC and OXO 
International Ltd., an importer of the subject merchandise, the 
Department initiated an administrative review of producer Xiamen 
Songson Plastic Hardware Co., Ltd's (``Songson'') exports of porcelain-
on-steel cooking

[[Page 75082]]

ware from the PRC. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 73 FR 
4829 (January 28, 2008).
    On January 31, 2008, the Department issued its sections A, C and D 
antidumping duty questionnaire to Songson. The section A response was 
due on February 21, 2008, and the sections C and D response, as well as 
U.S. sales and factors of production (``FOP'') reconciliations, were 
due on March 10, 2008. On February 19, 2008, Songson requested an 
extension, until March 6, 2008, to file its section A response, and 
until March 24, 2008, to submit its sections C and D responses. On 
February 20, 2008, the Department granted Songson's extension request. 
We received the company's response to section A via regular mail on 
March 6, 2008. On March 14, 2008, the Department rejected Songson's 
section A response, as it was not filed in accordance with the 
Department's regulations. We granted Songson a second opportunity to 
file a complete section A response, and Songson submitted its revised 
section A response on March 28, 2008. Songson did not submit its 
sections C and D responses, or the required sales and FOP 
reconciliations by the extended due date, or on any date thereafter.
    Due to the numerous deficiencies in Songson's section A response, 
the Department concluded that the company had not satisfactorily 
demonstrated the absence of de jure or de facto control over the export 
activities of Songson by the PRC government. The Department 
preliminarily determined that Songson did not qualify for a separate 
rate and is part of the PRC-wide entity. See Preliminary Results, at 
52022. Because Songson did not provide a complete section A response or 
a sections C and D response, the Department had no information with 
which to calculate an antidumping duty margin. Therefore, the 
Department found that facts available pursuant to sections 776(a)(2)(A) 
and (C) of the Tariff Act of 1930 (``Act'') was warranted for the PRC-
wide entity, including Songson, as Songson had withheld the information 
requested by the Department and had significantly impeded the 
proceeding. See id. The Department also found that total adverse facts 
available was warranted for the PRC-wide entity, including Songson, 
because it failed to cooperate to the best of its ability pursuant to 
section 776(a)(2) and 776(b) of the Act in not providing the necessary 
information requested by the Department. Id. at 52023.
    As noted above, on September 8, 2008, the Department published the 
Preliminary Results and we invited interested parties to comment. No 
interested party, including Songson, submitted any case brief or 
comment, nor requested any hearing on the Department's Preliminary 
Results. Therefore, for these final results, the Department made no 
change in the final dumping margin from the Preliminary Results.

Scope of Order

    The merchandise covered by the 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 of the United States (``HTSUS'') item 7323.94.00. HTSUS item 
numbers are provided for convenience and customs purposes. The written 
description of the scope remains dispositive.

Final Results of the Review

    The Department finds that the following margin exists for the 
following exporters under review for the period December 1, 2006, 
through November 30, 2007:

              Porcelain-on-Steel Cooking Ware from the PRC
------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
                                                            (Percent)
------------------------------------------------------------------------
PRC-Wide Entity (which includes Xiamen Songson Plastic           66.65
 Hardware Co., Ltd.)...................................
------------------------------------------------------------------------

Assessment of Antidumping Duties

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries pursuant to section 751(a)(1)(B) of the Act, and 19 
CFR 351.212(b). The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after the date of publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of the final results for shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the final results, as provided by section 
751(a)(2)(C) of the Act: (1) for subject merchandise exported by the 
PRC-wide entity, including Songson, the cash-deposit rate will be equal 
to 66.65 percent; (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have a separate rate, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all other PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash-deposit rate will be the PRC-wide rate of 66.65 percent; 
(4) for all non-PRC exporters of subject merchandise which have not 
received their own rate, the cash-deposit rate will be the rate 
applicable to the PRC exporter that supplied that non-PRC exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 final reminder to parties subject to 
the administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable 
violation.
    This administrative review and notice is in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29221 Filed 12-9-08; 8:45 am]
BILLING CODE 3510-DS-S