[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Notices]
[Pages 4430-4431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2237]
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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: 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.
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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 filed no
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. 98-2237 Filed 1-28-98; 8:45 am]
BILLING CODE 3510-DS-P
