[Federal Register Volume 63, Number 193 (Tuesday, October 6, 1998)]
[Notices]
[Pages 53643-53644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26780]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-504]
Porcelain-on-Steel Cooking Ware From Mexico: Amended Final
Results of Antidumping Duty Administrative Review in Accordance With
Decision Upon Remand
AGENCY: International Trade Administration, Import Administration,
Department of Commerce.
ACTION: Notice of amendment to final results of antidumping duty
administrative review in accordance with decision upon remand
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SUMMARY: On September 16, 1997, the United States Court of
International Trade (the Court) vacated the final results rate for
respondent Cinsa, S.A. de C.V., and affirmed the Department of
Commerce's (the Department's) redetermination on remand regarding the
Department's decision to rely on the transfer price of enamel frit
submitted by Cinsa for purposes of constructed value for the
administrative review covering the period December 1, 1989 through
November 30, 1990 (fourth review). The Department has determined, in
accordance with the instructions of the Court, the dumping margin for
entries of porcelain-on-steel cooking ware from Mexico by Cinsa during
that period to be 6.04 percent.
EFFECTIVE DATE: October 6, 1998.
FOR FURTHER INFORMATION CONTACT: Lorenza Olivas or Richard Herring,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th & Constitution Avenue, N.W., Washington,
D.C. 20230; telephone (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 1993, the Department published in the Federal
Register (58 FR 43,327) the final results of its fourth administrative
review of the
[[Page 53644]]
antidumping duty order on porcelain-on-steel cooking ware from Mexico.
The review covered the period December 1, 1989 through November 30,
1990.
Subsequent to the final results, Cinsa, one of two respondents,
challenged the Department's determination before the Court on four
issues. The Court issued a remand with respect to one issue only and
directed the Department to determine whether the transfer price for
enamel frit provided to the Department in that review constituted an
arm's-length transaction as prescribed by the statute and previous
practice. The Court agreed with the Department that the burden was on
the respondent to ``establish that the transfer price for the purchase
of raw material from the related party reflects an arm's-length
price.'' However, it found that Cinsa had met its initial burden by
supplying the Department with the requested explanation of how it
determined the transfer price to be representative of a fair market
price and of how it determined that transfer prices were above the cost
of production. The Court found that Cinsa had effectively shifted the
burden to the Department by explaining the discount in the transfer
price, which was all the Department had requested of Cinsa during that
review.
The Department filed its redetermination on July 2, 1997. Although
the Department respectfully disagreed with the Court's conclusion that
Cinsa fulfilled its burden of proving the arm's-length nature of the
related party transfer price, the Department determined that, for
purposes of the remand, it should use Cinsa's reported transfer price
for enamel frit from its related supplier to calculate constructed
value because, in that review, the Department did not request that
Cinsa provide any documentation in support of its claim that the extent
of differences between the transfer prices for frit and the prices at
which frit was sold to unrelated firms were accounted for fully. On
September 16, 1997, the Court vacated the final results rate for
respondent Cinsa and affirmed the Department's redetermination. No
party contested that Court decision.
Results of Remand
In accordance with the results of remand affirmed by the Court, we
are amending the final results of review. The margin for Cinsa is
reduced from 6.71 percent to 6.04 percent.
The Department will instruct the Customs Service to assess
antidumping duties on all appropriate entries. Individual differences
between U.S. price and foreign market value may vary from the
percentage stated above. The Department will issue appraisement
instructions directly to the Customs Service. The above rate will not
affect Cinsa's cash deposit requirements currently in effect, which
will continue to be based on the margin found to exist in the most
recently completed review.
This amendment to the final results of antidumping duty
administrative review notice is in accordance with section 751(a)(1) of
the Tariff Act (19 U.S.C. 1675(a)(1)) and Sec. 353.22 of the
Department's regulations (19 CFR 353.22 (1989)).
Dated: September 30, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-26780 Filed 10-5-98; 8:45 am]
BILLING CODE 3510-DS-P
