[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Page 42916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20342]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-504]
Porcelain-on-Steel Cookware From Mexico: Notice of Panel Decision
and Amended Final Results of Antidumping Duty Administrative Review in
Accordance With Decision Upon Remand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of panel decision and amendment to final results of
antidumping duty administrative review in accordance with decision upon
remand.
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SUMMARY: As a result of a remand from a Binational Panel, convened
pursuant to the North American Free Trade Agreement, the Department of
Commerce is amending its final results in the ninth antidumping duty
administrative review of Porcelain-on-Steel Cookware from Mexico
(December 1, 1994-November 30, 1995). The Department of Commerce has
determined, in accordance with the instruction of the Binational Panel,
the dumping margin for entries of porcelain-on-steel cookware from
Mexico produced by Esmaltaciones de Norte America, S.A. de C.V. to be
16.97 percent. The margin for Cinsa, S.A. de C.V. is not affected by
this remand.
EFFECTIVE DATE: August 6, 1999.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson or David J.
Goldberger, Office 2, AD/CVD Enforcement Group I, Import
Administration, Room B099, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington DC 20230; telephone (202) 482-4929, or 482-4136,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 1997, the Department of Commerce (the Department)
published in the Federal Register (62 FR 42496) the final results of
antidumping duty administrative review for Porcelain-on-Steel Cookware
from Mexico. Subsequent to the final results, Columbian Home Products
(the petitioner), Cinsa, S.A. de C.V. (Cinsa) and Esmaltaciones de
Norte America, S.A. de C.V. (ENASA) challenged the Department's
findings and requested that the Binational Panel (the Panel) review the
final results.
Thereafter, the Panel remanded the Department's final results with
respect to one issue--whether the Department should utilize the
indirect selling expense ratio submitted by Yamaka China (Yamaka) in
determining Yamaka's indirect selling expenses on its sales of
porcelain-on-steel cookware produced by ENASA. Specifically, the Panel
directed the Department (1) to determine, after addressing both the
petitioner's ministerial error letter and Cinsa's submission opposing
the petitioner's letter, whether the Department did in fact make a
ministerial error; (2) if it did, to correct the error, and (3) in
making any correction, to consider comments from the parties on the
proper calculation, specifically address those comments in its remand
determination, and explain the basis for the correction in
detail.1
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\1\ For a complete discussion of the Department's reasoning in
the selection of an indirect selling expense ratio, see
Redetermination on Remand: Certain Porcelain-on-Steel Cookware from
Mexico: Final Results of Antidumping Duty Administrative Review
(June 3, 1999).
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We have determined that the use of an indirect selling expense
ratio for affiliated importer Global Imports, Inc., rather than the
indirect selling expense ratio for affiliated importer and reseller
Yamaka in calculating the margin for Yamaka's sales of porcelain-on-
steel cookware produced by ENASA, was in fact a ministerial error and
have, therefore, corrected that error. The Department submitted its
remand determination on June 4, 1999.
On July 20, 1999, the Panel affirmed the remand determination of
the Department. (See Porcelain-on-Steel Cookware from Mexico (9th
Administrative Review), USA-97-1904-07 (Final Panel Order).) As a
result, the margin for ENASA increased from 2.74 to 16.97 percent. The
margin for Cinsa is not affected by this remand because the sales
through Yamaka consisted solely of ENASA-produced merchandise. Because
the Department has since concluded additional administrative reviews,
the cash deposit rate for ENASA remains that established by the most
recently completed administrative review. The Department will issue
appraisement instructions directly to the Customs Service.
This amendment to the final results of antidumping duty
administrative review notice is in accordance with section 751(a)(1) of
the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)(1)), and 19 CFR
351.221.
Dated: July 30, 1999.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-20342 Filed 8-5-99; 8:45 am]
BILLING CODE 3510-DS-P
