[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Notices]
[Pages 45395-45396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22817]
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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: Initiation of Changed Circumstances Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of changed circumstances Antidumping Duty
Administrative Review.
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SUMMARY: In response to a request from Clover Enamelware Enterprises
Ltd. (Clover) and Lucky Enamelware Factory Ltd. (Lucky), the Department
of Commerce (the Department) is initiating a changed circumstances
administrative review of the antidumping duty order on porcelain-on-
steel (POS) cooking ware from the People's Republic of China (PRC) to
determine whether to revoke the order, in part, with respect to tea
kettles. Clover and Lucky (Clover/Lucky) assert that the sole U.S.
producer of POS cooking ware, General Housewares Corporation (GHC),
affirmatively stated in its request for a changed circumstances review
of the antidumping order on POS cooking ware from Taiwan that it no
longer manufactures POS tea kettles and thus has no interest in the
importation or sale of POS 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) (Taiwan: Final Results of Changed
Circumstances Review). According to Clover/Lucky, GHC's statements in
the Taiwan case should be the basis for revoking, in part, the PRC
order on POS cooking ware, with respect to tea kettles.
EFFECTIVE DATE: August 27, 1997.
FOR FURTHER INFORMATION CONTACT: Suzanne King or Lorenza Olivas, Office
[[Page 45396]]
of CVD/AD Enforcement VI, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 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, as amended by
the Uruguay Round Agreements Act (the 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
Clover/Lucky's request for a changed circumstances administrative
review of the antidumping duty order on POS cooking ware from the PRC.
Background
On May 30, 1997, Clover/Lucky requested that the Department conduct
a changed circumstances administrative review to determine pursuant to
19 CFR 353.25(d) whether to revoke, in part, the antidumping duty order
on POS cooking ware from the PRC with regard to tea kettles. The basis
for this request is that GHC, the sole U.S. producer of POS cooking
ware, affirmatively stated in its request for a changed circumstances
review of the antidumping order on POS cooking ware from Taiwan that it
no longer manufactures POS tea kettles and thus has 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
proceeding on the antidumping duty order on POS cooking ware from
Taiwan, the Department revoked the antidumping order on POS cooking
ware from Taiwan, in part, with respect to tea kettles. See Taiwan:
Final Results of Changed Circumstances Review. Clover/Lucky assert that
GHC's broad statements in the Taiwan case should be the basis for
revoking, in part, the order with respect to tea kettles in the PRC
case.
On May 30, 1997, Clover/Lucky also requested that the Department
publish concurrently its notice of initiation and preliminary results
of changed circumstances review, pursuant to 19 CFR 353.25(d)(2).
Clover/Lucky assert that GHC's affirmative statement of no interest in
the importation or sale of POS tea kettles submitted by it in the
Taiwan case should be considered a statement of no interest in the
importation or sale of POS cooking ware from the PRC. Thus, Clover/
Lucky argue that expedited treatment of their request for a changed
circumstances review of the PRC antidumping duty order is warranted.
Scope of Review
The products covered by this antidumping 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 tea
kettles from the PRC. Imports of tea kettles are currently classifiable
under the harmonized tariff schedule (HTS) subheading 7323.94.00.10.
The HTS subheading is provided for convenience and U.S. 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 request.
Initiation 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. Pursuant to section 751(b) of the Act, the Department will
conduct a changed circumstances administrative review upon receipt of
information concerning, or a request from an interested party for a
review of, an antidumping duty order which shows changed circumstances
sufficient to warrant a review of the order. See section 751(b)(1) of
the Act.
The Department's regulations at 19 CFR 353.25(d)(2) permit the
Department to conduct a changed circumstances administrative review
under section 353.22(f) based upon the existence of changed
circumstances sufficient to warrant a review. Section 782(h) of the Act
and 19 CFR 353.25(d)(1) further 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. In addition, in the event the Department determines
expedited action is warranted, section 353.22(f)(4) of the regulations
permits the Department to combine the notices of initiation and
preliminary results.
Therefore, in accordance with section 751(b)(1) and 751(d) of the
Act and 19 CFR 353.25(d) and 353.22(f)(1)(i), we are initiating a
changed circumstances administrative review based upon the information
contained in Clover/Lucky's May 30, 1997 request for this review. The
Department concludes that it would be inappropriate to expedite this
action pursuant to 19 CFR 353.25(f)(4) by issuing a preliminary
determination prior to conducting an investigation in the instant case
because the orders on POS cooking ware from Taiwan and the PRC are
separate and distinct. As such, a decision on one order cannot
automatically be assumed to be applicable to another order involving a
different country. Therefore, the Department is not issuing preliminary
results of its changed circumstances antidumping duty administrative
review at this time.
The Department will publish in the Federal Register a notice of
preliminary results of changed circumstances antidumping duty
administrative review, in accordance with 19 CFR 353.22(f)(1)(v), which
will set forth the factual and legal conclusions upon which our
preliminary results are based. The Department will also issue final
results of review, and will publish these results in the Federal
Register. 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).
If final revocation, in part, occurs, we will instruct the U.S.
Customs Service to end the suspension of liquidation and to refund,
with interest, any estimated antidumping duties collected for all
unliquidated entries of tea kettles that are not subject to a final
results of administrative review. The current requirement for a cash
deposit of estimated antidumping duties on all subject merchandise,
including tea kettles, will continue unless and until it is modified
pursuant to the final results of this changed circumstances review.
This notice is in accordance with sections 751(b)(1) and (d) of the
Act and section 353.22(f)(1)(i) of the Department's regulations.
Dated: August 20, 1997.
Jeffrey P. Bialos,
Principal Deputy Assistant Secretary for Import Administration.
[FR Doc. 97-22817 Filed 8-26-97; 8:45 am]
BILLING CODE 3510-DS-P
