97-4510. Notice of Antidumping Duty Orders and Amendment to Final Determination: Melamine Institutional Dinnerware Products From Indonesia, the People's Republic of China, and Taiwan  

  • [Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
    [Notices]
    [Pages 8426-8427]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-4510]
    
    
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    DEPARTMENT OF COMMERCE
    [A-560-801, A-570-844, A-583-825]
    
    
    Notice of Antidumping Duty Orders and Amendment to Final 
    Determination: Melamine Institutional Dinnerware Products From 
    Indonesia, the People's Republic of China, and Taiwan
    
    agency: Import Administration, International Trade Administration, 
    Department of Commerce.
    
    effective date: February 25, 1997.
    
    for further information contact: Everett Kelly or David J. Goldberger, 
    Import Administration, International Trade Administration, U.S. 
    Department of Commerce, 14th Street and Constitution Avenue, N.W., 
    Washington, D.C. 20230; telephone: (202) 482-4194, or (202) 482-4136, 
    respectively.
    
    Amended Final Determination
    
        In accordance with section 735(a) of the Tariff Act of 1930, as 
    amended (the Act), on January 6, 1997, the Department of Commerce (the 
    Department) made its final determinations that melamine institutional 
    dinnerware from Indonesia, the People's Republic of China (PRC), and 
    Taiwan is being sold at less than fair value (62 FR 1708-1733, January 
    13, 1997).
        After publication of our final determinations, the American 
    Melamine Institutional Dinnerware Association, the petitioner in these 
    cases, alleged that the Department committed certain ministerial errors 
    in calculating the margins in these investigations. We have determined 
    that ministerial errors were committed in calculating the margin from 
    the Indonesian respondent P.T. Multi Rayah Indah Abah (Multiraya) (See, 
    Memoranda to the file dated January 31, 1997, and February 3, 1997).
        We are amending the final determination of the antidumping 
    investigation of melamine institutional dinnerware from Indonesia to 
    correct the ministerial error in the calculation for Multiraya. The 
    correct cash deposit rate for Multiraya and the ``all others'' category 
    producers/exporters of the subject merchandise from Indonesia is 8.95 
    percent.
        With respect to the Department's final determinations for melamine 
    institutional dinnerware from the PRC and Taiwan, the Department 
    determined that certain corrections to these determinations were 
    appropriate (see Memoranda to the file dated January 30 (Taiwan) and 31 
    (PRC), 1997). However, these corrections did not alter the margin 
    percentages in the Taiwan case, nor alter the de minimis finding in the 
    PRC case. Therefore, no amendments to the final determinations are 
    necessary.
    
    Scope of Orders
    
        The merchandise covered by these orders is all items of dinnerware 
    (e.g., plates, cups, saucers, bowls, creamers, gravy boats, serving 
    dishes, platters, and trays) that contain at least 50 percent melamine 
    by weight, have a minimum wall thickness of 0.08 inch, and are intended 
    for use by institutions such as schools, hospitals, cafeterias, 
    restaurants, and nursing homes. Melamine dinnerware that meets the 
    physical characteristics described above that is generally sold to the 
    retail sector and intended for use by households is not covered by 
    these orders. Excluded as well from the scope of these orders are 
    flatware products (e.g., knives, forks, and spoons).
        The merchandise is classifiable under subheadings 3924.10.20, 
    3924.10.30, and 3924.10.50 of the Harmonized Tariff Schedule of the 
    United States (HTSUS).
        Although the HTSUS subheadings are provided for convenience and 
    customs purposes, our written description of the scope of these orders 
    is dispositive.
    
    Antidumping Duty Orders
    
        In accordance with section 735(a) of the Act, the Department made 
    its final determinations that melamine institutional dinnerware from 
    Indonesia, the PRC, and Taiwan is being sold at less than fair value 
    (62 FR 1708-1733, January 13, 1997). On February 18, 1997, the 
    International Trade
    
    [[Page 8427]]
    
    Commission (ITC) notified the Department of its final determination, 
    pursuant to section 735(b)(1)(A)(i) of the Act, that an industry in the 
    United States is materially injured by reason of imports of the subject 
    merchandise from Indonesia, the PRC, and Taiwan. In its final 
    determination, the ITC determined that two like products exist for the 
    merchandise covered by the Commerce investigations: (a) Melamine 
    dinnerware for institutional uses, and (b) melamine dinnerware for non-
    institutional uses. The ITC's affirmative injury determination covered 
    only melamine dinnerware for institutional uses. Accordingly, the scope 
    of the antidumping duty orders, as described above, reflects the ITC's 
    distinction between institutional and non-institutional uses.
        In accordance with section 736(a)(1) of the Act, the Department 
    will direct Customs officers to assess, upon further advice by the 
    administering authority, antidumping duties equal to the amount by 
    which the normal value of the merchandise exceeds the export price (or 
    the constructed export price) of the merchandise for all relevant 
    entries of melamine institutional dinnerware from Indonesia, the PRC, 
    and Taiwan, except for imports from the PRC manufactured and sold to 
    the United States by Chen Hao (Xiamen) Plastic Industrial Co. Ltd. 
    (``Chen Hao Xiamen''), Gin Harvest Melamine (Heyuan) Enterprises Co. 
    Ltd. (``Gin Harvest''), and Sam Choan Plastic Co. Ltd. (``Sam Choan''), 
    and for imports from Taiwan sold by Yu Cheer Industrial Co., Ltd. (``Yu 
    Cheer''). Accordingly, all bonds may be released and entries of these 
    exporters may be liquidated without regard to antidumping duties. For 
    all other exporters, Customs officers must require, at the same time as 
    importers would normally deposit estimated duties on this merchandise, 
    a cash deposit equal to the estimated weighted-average antidumping duty 
    margins as noted below. The ``All Others'' or ``PRC-wide'' rate listed 
    for each country applies to all exporters of melamine institutional 
    dinnerware not specifically listed below. For melamine dinnerware 
    products intended for sale to the retail sector and for use by 
    households, importers shall maintain on file a declaration as to the 
    intended use of the imported merchandise. If the Customs officer is 
    satisfied that the intended use of the imported merchandise is not for 
    institutional purposes, the entry will not be covered by this order.
        The ad valorem weighted-average dumping margins are as follows:
    
    ------------------------------------------------------------------------
         Producer/manufacturer/exporter              Margin percentage      
    ------------------------------------------------------------------------
    I. Indonesia:                                                           
      P.T. Mayer Crocodile..................  12.90.                        
      P.T. Multi Raya Indah Abah............  8.95.                         
      All Others............................  8.95.                         
    II. People's Republic of China:           ..............................
      Chen Hao (Xiamen) Plastic Industrial    0.46                          
       Co. Ltd.                               (de minimis).                 
      Gin Harvest Melamine (Heyuan)           0.47                          
       Enterprises Co. Ltd.                   (de minimis).                 
      Sam Choan Plastic Co. Ltd.............  0.04                          
                                              (de minimis).                 
      Tar-Hong Melamine Xiamen Co. Ltd......  2.74.                         
      PRC-Wide Rate.........................  7.06.                         
    III. Taiwan:                                                            
      Chen Hao Plastic Industrial Co., Ltd..  3.25.                         
      Yu Cheer Industrial Co., Ltd..........  0.00.                         
      IKEA Trading Far East Ltd.............  53.13.                        
      Gallant Chemical Corporation..........  53.13.                        
      All Others............................  3.25.                         
    ------------------------------------------------------------------------
    
        This notice constitutes the antidumping duty orders with respect to 
    melamine institutional dinnerware from Indonesia, the PRC, and Taiwan. 
    The Department is excluding from the application of the orders products 
    from Taiwan manufactured and sold to the United States by Yu Cheer. The 
    Department is also excluding products from the PRC that are 
    manufactured and sold to the United States by Chen Hao Xiamen, Gin 
    Harvest, and Sam Choan; however, the ad valorem weighted-average 
    dumping margin applicable to melamine institutional dinnerware 
    manufactured by any other PRC manufacturer and exported by any of these 
    companies is 7.06 percent (the PRC-wide rate).
        Interested parties may contact the Central Records Unit, Room B-099 
    of the Main Commerce Building, for copies of an updated list of 
    antidumping duty orders currently in effect.
        These orders are published in accordance with section 736(a) of the 
    Act.
    
        Dated: February 18, 1997.
    Robert S. LaRussa,
    Acting Assistant Secretary for Import Administration.
    [FR Doc. 97-4510 Filed 2-24-97; 8:45 am]
    BILLING CODE 3510-DS-M
    
    
    

Document Information

Effective Date:
2/25/1997
Published:
02/25/1997
Department:
Commerce Department
Entry Type:
Notice
Document Number:
97-4510
Dates:
February 25, 1997.
Pages:
8426-8427 (2 pages)
Docket Numbers:
A-560-801, A-570-844, A-583-825
PDF File:
97-4510.pdf