70 FR 58187, October 5, 2005

DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-506, A-583-508)

Porcelain-on-Steel Cooking Ware from the People's Republic of China 
and Taiwan; Five-year (``Sunset'') Reviews of Antidumping Duty Orders; 
Final Results

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty orders 
on porcelain-on-steel cooking ware from the People's Republic of China 
(``PRC'') and Taiwan, pursuant to section 751(c) of the Tariff Act of 
1930, as amended, (``the Act''). On the basis of the notice of intent 
to participate and adequate substantive responses filed on behalf of 
the domestic interested parties, and inadequate responses from 
respondent interested parties, the Department conducted expedited 
sunset reviews. As a result of these sunset reviews, the Department 
finds that revocation of the antidumping duty orders would likely lead 
to continuation or recurrence of dumping at the levels listed below in 
the section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: October 5, 2005.

FOR FURTHER INFORMATION CONTACT: Maureen Flannery, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC, 20230; telephone: (202) 482-3020.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2005, the Department initiated sunset reviews of the 
antidumping duty orders on porcelain-on-steel cooking ware from the PRC 
and Taiwan pursuant to section 751(c) of the Act. See Initiation of 
Five-year (``Sunset'') Reviews, 70 FR 9919 (March 1, 2005). The 
Department received notices of intent to participate from a domestic 
interested party, Columbian Home Products, LLC (``Columbian''), within 
the deadline specified in section 351.218(d)(1)(i) of the Department's 
regulations. Columbian claimed interested party status pursuant to 
section 771(9)(C) of the Act as a U.S. producer of the domestic like 
product. We received a submission from the domestic interested party 
within the 30-day deadline specified in section 351.218(d)(3)(I) of the 
Department's regulations. However, we did not receive submissions from 
any respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the 
Department's regulations, the Department conducted expedited sunset 
reviews of these orders.

Scope of the Orders

PRC

    The merchandise covered by this order is porcelain-on-steel cooking 
ware from the PRC, 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. 
The merchandise is currently classifiable under the Harmonized Tariff 
Schedule (``HTS'') item 7323.94.00. HTS items numbers are provided for 
convenience and customs purposes. The written description of the scope 
remains dispositive.
    In response to a request from CGS International, on January 30, 
1991, the Department clarified that high quality, hand finished 
cookware, including the small basin, medium basin, large basin, small 
colander, large colander, 8'' bowl, 6'' bowl, mugs, ash tray, napkin 
rings, utensil holder and utensils, ladle, cream & sugar, and mixing 
bowls are properly considered kitchen ware and are, therefore, outside 
the scope of the order. Further, the Department clarified that CGS 
International's casserole, 12-cup coffee pot, 6-cup coffee pot, 
roasting pan, oval roaster, and butter warmer are within the scope of 
the order (see Notice of Scope Rulings, 56 FR 19833 (April 30, 1991)).
    In response to a request from Texsport, on August 8, 1990, the 
Department determined that camping sets, with the exception of the cups 
and plates included in those sets, are within the scope of the order 
(see Notice of Scope Rulings, 55 FR 43020 (October 25, 1990)).
    On March 8, 2000, Tristar Products' grill set with aluminum grill 
plate was found to be outside the scope of the order (see Notice of 
Scope Rulings, 65 FR 41957 (July 7, 2000)).
    On October 29, 2003, Target Corporation's certain enamel-clad 
beverage holders and dispensers were found to be outside the scope of 
the order (see Notice of Scope Rulings, 70 FR 24533 (May 10, 2005)).
    On January 4, 2005, Taybek International's Pro Popper professional 
popcorn popper was found to be within the scope of the order (see 
Notice of Scope Rulings, 70 FR 41374 (July 19, 2005)).

Taiwan

    The merchandise covered by this order is porcelain-on-steel cooking 
ware from Taiwan that do not have self-contained electric heating 
elements. All of the foregoing are constructed of steel and are 
enameled or glazed with vitreous glasses. Kitchen ware and teakettles 
are not subject to this order The merchandise is currently classifiable 
under the HTS item number 7323.94.00. The HTS subheading is provided 
for convenience and customs purposes. The written description of the 
scope remains dispositive.
    On August 23, 1990, in response to a request from RSVP, BBQ grill 
baskets were found to be outside the scope of the order (see Notice of 
Scope Rulings, 55 FR 43020 (October 25, 1990)).
    On September 3, 1992, in response to a request from Mr. Stove Ltd., 
stove top grills and drip pans were found to be outside the scope of 
the order (see Notice of Scope Rulings, 57 FR 57420 (December 4, 
1992)).
    On September 25, 1992, in response to a request from Metrokane 
Inc., the ``Pasta Time'' pasta cooker was found to be within the scope 
of the order (see Notice of Scope Rulings, 57 FR 57420 (December 4, 
1992)).
    On August 18, 1995, Blair Corporation's Blair cooking ware items 
1101 (seven piece cookware set), 271911 (eight-quart 
stock pot), and 271921 (twelve-quart stock pot) were found to 
be outside the scope of the order (see Notice of Scope Rulings, 60 FR 
54213 (October 20, 1995)).
    On October 30, 1996, Cost Plus, Inc.'s 10 piece porcelain-on-steel 
fondue set was found to be within the scope of the order (see Notice of 
Scope Rulings, 62 FR 9176 (February 28, 1997)).

Analysis of Comments Received

    All issues raised in these cases are addressed in the ``Issues and 
Decision Memorandum'' from Barbara E. Tillman, Acting Deputy Assistant 
Secretary for Import Administration, to Holly A. Kuga, Acting Assistant 
Secretary for

[[Page 58188]]

Import Administration, dated September 27, 2005 (``Decision 
Memorandum''), which is hereby adopted by this notice. The issues 
discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the orders were revoked. Parties can find a 
complete discussion of all issues raised in these sunset reviews and 
the corresponding recommendations in this public memorandum, which is 
on file in room B-099 of the main Department of Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on our Web site at http://enforcement.trade.gov. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
porcelain-on-steel cooking ware from the PRC and Taiwan would likely 
lead to continuation or recurrence of dumping at the following 
percentage weighted-average margins:

------------------------------------------------------------------------
                                                            Weighted-
           Manufacturers/Exporters/Producers              Average Margin
                                                            (Percent)
------------------------------------------------------------------------
PRC....................................................
China National Light Industrial Products Import and              66.65
 Export Corporation....................................
PRC-wide Rate..........................................          66.65
Taiwan.................................................
First Enamel Industrial Corp...........................           9.04
Tian Shine Enterprise Co., Ltd.........................           1.99
Tou Tien Metal (Taiwan) Co., Ltd.......................           2.67
Li-Fong Industrial Co., Ltd............................           2.63
Li-Mow Enameling Co. Ltd...............................           6.48
Receive Will Industry Co...............................          23.12
All Others Rate........................................           6.82
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 27, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5456 Filed 10-5-05; 8:45 am]

BILLING CODE 3510-DS-S