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