[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Notices]
[Pages 4957-4959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2910]
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DEPARTMENT OF COMMERCE
[A-201-504]
Porcelain-on-Steel Cooking Ware From Mexico; Preliminary Results
of Antidumping Duty New Shipper Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of Antidumping Duty New Shipper
Administrative Review.
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SUMMARY: In response to a request from one manufacturer/exporter,
Esmaltaciones San Ignacio, S.A. (San Ignacio), the Department of
Commerce (the Department) is conducting a new shipper administrative
review of the antidumping duty order on porcelain-on-steel cooking ware
(POS cooking ware) from Mexico. The review covers the period January 1,
1995 through June 30, 1995.
We have preliminarily determined that sales have not been made
below the normal value (NV). If these preliminary results are adopted
in our final results of administrative review, we will instruct the
U.S. Customs Service to liquidate subject entries without regard to
antidumping duties.
Interested parties are invited to comment on these preliminary
results. Parties who submit argument in this proceeding are requested
to submit with the argument (1) a statement of the issue and (2) a
brief summary of the argument.
EFFECTIVE DATE: February 9, 1996.
FOR FURTHER INFORMATION CONTACT:
Laura Merchant, or Thomas F. Futtner, Office of Antidumping Compliance,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230, telephone: (202) 482-5253.
SUPPLEMENTARY INFORMATION:
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 (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
Background
On June 20, 1995, the Department received a request from San
Ignacio for a new shipper review pursuant to section 751(a)(2)(B) of
the Act and section 353.22(h) of the Department's interim regulations.
Section 751(a)(2) of the Tariff Act and section 353.22(h) of the
Department's regulations govern determinations of
[[Page 4958]]
antidumping duties for new shippers. These provisions state that, if
the Department receives a request for review from an exporter or
producer of the subject merchandise stating that it did not export the
merchandise to the United States during the period of investigation
(POI) and that such exporter or producer is not affiliated with any
exporter or producer who exported the subject merchandise during that
period, the Department shall conduct a new shipper review to establish
an individual weighted-average dumping margin for such exporter or
producer, if the Department has not previously established such a
margin for the exporter or producer. To establish these facts, the
exporter or producer must include with its request, with appropriate
certification: (i) the date on which the merchandise was first entered,
or withdrawn from warehouse, for consumption, or, if it cannot certify
as to the date of first entry, the date on which it first shipped the
merchandise for export to the United States; (ii) a list of the firms
with which it is affiliated; and (iii) a statement from such exporter
or producer, and from each affiliated firm that it did not, under its
current or a former name, export the merchandise during the POI.
San Ignacio's request was accompanied by information and
certifications establishing the date on which it first shipped and
entered subject merchandise, the names of San Ignacio's affiliated
parties, and statements from San Ignacio and its affiliated parties
that they did not, under any name, export the merchandise during the
POI. Based on the above information, on July 20, 1995, the Department
initiated this new shipper review of San Ignacio (60 FR 37426). The
Department is now conducting this review in accordance with section 751
of the Tariff Act and section 353.22 of its regulations.
Scope of the Review
Imports covered by the review are shipments of 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.
This merchandise is currently classifiable under Harmonized Tariff
Schedule (HTS) item number 7323.94.00. Kitchenware currently entering
under HTS item number 7323.94.00.30 is not subject to the order. The
HTS item number is provided for convenience and Customs purposes. The
written description remains dispositive.
Verification
As provided in section 776(b) of the Tariff Act, we verified
information provided by the respondent by using standard verification
procedures, including on site inspection of the manufacturer's
facilities, the examination of relevant sales and financial records,
and selection of original documentation containing relevant
information. Our verification results are outlines in the public
versions of the verification report.
Export Price
We calculated the EP based on the price from San Ignacio to
unaffiliated parties where these sales were made prior to importation
into the United States, in accordance with section 772(a) of the Act.
We calculated the constructed EP based on packed ex-factory prices
to unaffiliated purchasers in the United States. We made deductions,
where appropriate, for foreign brokerage, foreign customs handling
fees, and credit costs in accordance with section 772(c)(2) of the Act.
No other adjustments were claimed or allowed.
Normal Value
Based on a comparison of the aggregate quantity of home market and
U.S. sales, and absent any information that a particular market
situation in the exporting country does not permit a proper comparison,
we determined that the quantity of foreign like product sold in the
exporting country was sufficient to permit a proper comparison with the
sales of the subject merchandise to the United States, pursuant to
section 773(a)(1)(C) of the Act. Therefore, in accordance with section
773(a)(1)(B) of the Act, we based NV on sales in Mexico, the home
market.
We calculated NV based on FOB-factory or delivered prices to
unaffiliated customers, and made decisions from the starting price for
freight, discounts, and rebates. We deducted home market packing costs
from the home market price and added U.S. packing costs. When shipments
were made to Mexican customers outside the Tijuana customs border zone
we made adjustments for Mexican customs handling fees. We made a
circumstance-of-sale adjustment, where appropriate, for differences in
credit expenses and commissions.
No other adjustments were claimed or allowed.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following margin exists for the period January 1, 1995, through June
30, 1995:
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Margin
Manufacturer/producer/exporter percent
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San Ignacio.................................................. 0.00
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Interested parties may request disclosure within 5 days of the date
of publication of this notice and may request a hearing within 10 days
of publication. Any hearing, if requested, will be held as early as
convenient for the parties but not later than 34 days after the date of
publication or the first business day thereafter. Case briefs and/or
written comments from interested parties may be submitted not later
than 20 days after the date of publication of this notice. Rebuttal
briefs and rebuttal comments, limited to issues raised in the case
briefs, may be filed no later than 27 days after the date of
publication of this notice. The Department will issue the final results
of this new shipper administrative review, including the results of its
analysis of issues raised in any such written comments or at a hearing.
Upon completion of this new shipper review, the Department will
issue appraisement instructions directly to the U.S. Customs Service.
The results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the
determination and for future deposits of estimated duties.
The cash deposit rate for San Ignacio will be the rate determined
in the final results of this new shipper review, effective upon
publication of those final results for all of San Ignacio's shipments
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date of the final results of
this new shipper administrative review, as provided by section
751(a)(1) of the Act.
This notice serves as a preliminary reminder to importers of their
responsibility 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 new shipper administrative review and notice are in accordance
with section 751(a)(2) of the Tariff Act (19 U.S.C. 1657(a)(2)) and 19
CFR 353.22.
[[Page 4959]]
Dated: January 26, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-2910 Filed 2-8-96; 8:45 am]
BILLING CODE 3510-DS-M
