[Federal Register: August 6, 1999 (Volume 64, Number 151)]
[Notices]               
[Page 42916]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au99-44]                         

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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.<SUP>1</SUP>
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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