Federal Register: January 29, 1998 (Volume 63, Number 19)NoticesPage 4430-4431From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr29ja98-40

DEPARTMENT OF COMMERCE

International Trade Administration

A-570-506Porcelain-on-Steel Cooking Ware From the People's Republic of China: Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review And Intent Not To Revoke Antidumping Duty Order, In Part

AGENCY: Import Administration, International Trade Administration, Department of Commerce.

ACTION: Notice of preliminary results of changed circumstances antidumping duty administrative review and intent not to revoke antidumping duty order, in part.

SUMMARY: The Department of Commerce is conducting a changed circumstances administrative review of the antidumping duty order on porcelain-on-steel cooking ware from the People's Republic of China to determine whether to revoke partially the order with respect to porcelain-on-steel tea kettles. General Housewares Corp., the petitioner and sole U.S. producer of porcelain-on-steel cooking ware, has expressed interest in maintaining the order with respect to porcelain-on-steel tea kettles from the People's Republic of China, and objects to the partial revocation of this order with respect to porcelain-on-steel tea kettles. We preliminarily determine not to revoke the order, in part, with respect to porcelain-on-steel tea kettles. We invite interested parties to comment on these preliminary results.

EFFECTIVE DATE: January 29, 1998.

FOR FURTHER INFORMATION CONTACT: Suzanne King or Lorenza Olivas, Office of CVD/AD Enforcement 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482- 2786.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

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 (the Act) by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all citations to the Department's regulations are to the regulations as set forth at 19 CFR 353.1, et seq., as amended by the interim regulations published in the Federal Register on May 11, 1995 (60 FR 25130), which were applicable on May 30, 1997, the date of the respondents' request for a changed circumstances administrative review of the antidumping duty order on porcelain-on-steel cooking ware from the PRC.

Background

On December 2, 1986, the Department of Commerce (the Department) published in the Federal Register (51 FR 43414) an antidumping duty order on porcelain-on-steel (POS) cooking ware from the People's Republic of China (PRC).

On May 30, 1997, Clover Enamelware Enterprises Ltd. and Lucky Enamelware Factory Ltd. (Clover/Lucky) requested that the Department conduct a changed circumstances administrative review to determine, pursuant to 19 CFR 353.25(d), whether to revoke partially the antidumping duty order on POS cooking ware from the PRC with regard to POS tea kettles. The basis for Clover/Lucky's request was that the sole U.S. producer of POS cooking ware, General Housewares Corp. (GHC), affirmatively stated in its request for a changed circumstances review of the antidumping duty order on POS cooking ware from Taiwan, that it no longer manufactured POS tea kettles and thus had no interest in the importation or sale of POS tea kettles. Based on GHC's affirmative statement of no interest, with respect to tea kettles, submitted in the antidumping proceeding on POS cooking ware from Taiwan, the Department revoked the antidumping order on POS cooking ware from Taiwan, with respect to tea kettles. See Porcelain on Steel Cooking Ware from Taiwan: Final Results of Changed Circumstances Antidumping Administrative Review, and Revocation in Part of Antidumping Duty Order, 62 FR 10024 (March 5, 1997). Clover/Lucky asserted that GHC's statements in the Taiwan case should also be the basis for revoking, in part, the antidumping duty order on POS cooking ware from the PRC with respect to tea kettles.

On August 27, 1997, the Department published in the Federal Register (62 FR 45395) a notice of initiation of changed circumstances review of the antidumping duty order on POS cooking ware from the PRC, based on the information contained in Clover/Lucky's May 30, 1997 request. On September 11, 1997, the Department issued a questionnaire to GHC, the sole U.S. producer of POS cooking ware, to determine whether GHC is interested in retaining POS tea kettles within the scope of the antidumping duty order on POS cooking ware from the PRC. In its

[Page 4431]September 25, 1997 response, GHC stated that it is interested in the antidumping order with regard to POS tea kettles from the PRC, and objected to the partial revocation of the order with respect to POS tea kettles.

Scope of Review

The products covered by this antidumping duty order are POS cooking ware, 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. Kitchenware is not subject to this order. See Antidumping Duty Order: Porcelain-on-Steel Cooking Ware from the People's Republic of China, 51 FR 43414 (December 2, 1986).

The products covered by this changed circumstances review are POS tea kettles from the PRC. Imports of POS tea kettles are currently classifiable under the harmonized tariff schedule (HTS) subheading 7323.94.00.10. The HTS subheading is provided for convenience and Customs purposes. Our written description of the scope of this proceeding is dispositive. The order with regard to imports of other POS cooking ware is not affected by this changed circumstances review.

Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review

Pursuant to section 751(d) of the Act, the Department may partially revoke an antidumping duty order based on a review under section 751(b) of the Act. Section 782(h) of the Act and Sec. 353.25(d)(1) of the Department's regulations provide that the Department may revoke an order, or revoke an order in part, if it determines that changed circumstances sufficient to warrant revocation of the order, or part of the order, exist. The petitioner and sole U.S. producer of POS cooking ware submitted an affirmative statement of interest in this order with respect to POS tea kettles. On the basis of the record developed in this proceeding, we preliminarily determine that changed circumstances sufficient to warrant partial revocation of the antidumping duty order on POS cooking ware from the PRC with respect to POS tea kettles do not exist.

The current requirements for the cash deposit of estimated antidumping duties on all subject merchandise will remain in effect until the publication of the final results of the next administrative review.

Public Comment

Any interested party may request a hearing within 10 days of publication of this notice. Any hearing, if requested, will be held no later than 28 days after the date of publication of this notice, or the first working day thereafter. Case briefs and/or written comments from interested parties may be submitted no later than 30 days after the date of publication of this notice. As part of the case brief, petitioners are encouraged to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Rebuttal briefs and rebuttals to written comments, limited to the issues raised in those case briefs or comments, may be filedno later than 37 days after the publication of this notice. All written comments must be submitted in accordance with 19 CFR 353.31(e) and must be served on all interested parties on the Department's service list in accordance with 19 CFR 353.31(g). Persons interested in attending the hearing should contact the Department for the date and time of the hearing. The Department will publish in the Federal Register a notice of final results of this changed circumstances antidumping duty administrative review, including the results of its analysis of any issues raised in any written comments.

This notice is in accordance with sections 751 (b)(1) and (d) and 777(i) of the Act and 19 CFR 353.22(f)(1).

Dated: January 22, 1998. Robert S. LaRussa, Assistant Secretary for Import Administration.

FR Doc. 98-2237Filed1-28-98; 8:45 amBILLING CODE 3510-DS-P