[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Notices]
[Page 39633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19389]
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DEPARTMENT OF COMMERCE
[A-201-504]
Porcelain-on-Steel Cooking Ware From Mexico; Notice of Panel
Decision
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
ACTION: Notice of panel decision.
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SUMMARY: On July 19, 1996, a Binational Panel, convened pursuant to the
North American Free Trade Agreement (NAFTA), affirmed the Department of
Commerce's (Department) determination on remand changing the value
added tax (VAT) calculation to a tax-neutral methodology approved by
the Court of Appeals for the Federal Circuit (CAFC) and correcting a
clerical error in the review period covering December 1, 1990 through
November 30, 1991 of the above order. This notice is published because
this final panel determination is not in harmony with the Department's
original determination in this review.
EFFECTIVE DATE: July 30, 1996.
FOR FURTHER INFORMATION CONTACT: Lorenza Olivas or Richard Herring,
Office of CVD/AD Enforcement, International Trade Administration, U.S.
Department of Commerce, 14th & Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On January 9, 1995, the Department published in the Federal
Register (60 FR 2378) the final results of its fifth administrative
review of the antidumping duty order on porcelain-on-steel cooking ware
from Mexico. Cinsa, S.A., respondent in these proceedings, subsequently
requested that a NAFTA Binational Panel (Panel) review these final
results. Thereafter, the Panel remanded the Department's final results
with respect to two issues only. Specifically, the Panel directed the
Department to (1) ``apply Commerce's tax neutral VAT adjustment
methodology which was approved by the CAFC in Federal Mogul'' and to
(2) ``either correct respondent's clerical error, or allow respondent
to present data sufficient to allow Commerce to correct the clerical
error in accordance with the CAFC's determination in NTN Bearings.''
The Department made the tax-neutral VAT adjustment and recalculated the
cost of Item No. 10158, the item affected by the clerical error. The
Department filed its redetermination on June 14, 1996; the Panel
affirmed the redetermination on July 19, 1996. This notice is published
pursuant to 19 U.S.C. 1516a(g)(5)(B), which stipulates that a notice of
a final decision of a binational panel not in harmony with the
Department's original determination shall be published within 10 days
of the date of the issuance of the Panel decision.
Suspension of Liquidation
On February 8, 1995, respondent Cinsa, S.A. requested that the
Department of Commerce continue suspension of liquidation of those
entries of merchandise covered by the determination in the fifth
administrative review pending the final disposition of the review.
Therefore, pursuant to 19 U.S.C. 1516a(g)(5)(C), the Department will
continue to suspend liquidation of these entries until such time as a
notice of completion of the Panel review has been filed.
Dated: July 25, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-19389 Filed 7-29-96; 8:45 am]
BILLING CODE 3510-DS-P