[Federal Register: October 4, 2005 (Volume 70, Number 191)]
[Notices]
[Page 57856-57857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc05-46]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-602]
Final Results of Expedited Sunset Review of Countervailing Duty
Order: Top-of-the-Stove Stainless Steel Cookware from South Korea
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 countervailing duty
(``CVD'') order on top-of-the-stove stainless steel cookware from South
Korea pursuant to section 751(c) of the Tariff Act of 1930,
[[Page 57857]]
as amended (``the Act''). See Notice of Initiation of Five-year
(``Sunset'') Reviews, 70 FR 9919
(March 1, 2005). On the basis of a notice of intent to participate
and an adequate substantive response filed on behalf of the domestic
interested parties and no response from respondent interested parties
(in this case, no response), the Department conducted an expedited
sunset review of this CVD order pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review,
the Department finds that revocation of the CVD order would be likely
to lead to continuation or recurrence of a countervailable subsidy at
the level indicated in the ``Final Results of Review'' section of this
notice.
EFFECTIVE DATE: October 4, 2005.
FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-1767 or (202)
482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2005, the Department initiated a sunset review of the
CVD order on top-of-the-stove stainless steel cookware from Korea
pursuant to section 751(c) of the Act. See Notice of Initiation of
Five-year (``Sunset'') Reviews, 70 FR 9919 (March 1, 2005). On
March 16, 2005, the Department received a notice of intent to
participate from the following domestic interested parties: Paper
Allied Industrial Chemical & Energy Workers, Local 7-0850 (``PACE'')
and Vita Craft Corporation (``Vita''), which make up the Stainless
Steel Cookware Committee (``Committee''), an ad hoc coalition of
domestic producers and employees, and Regal Ware, Inc. (collectively
``domestic interested parties''), within the deadline specified in 19
CFR 351.218(d)(1)(i). The domestic interested parties claimed
interested party status under sections 771(9)(C), (D), (E) and (F) of
the Act, as an ad hoc association which is comprised of domestic
producers of the subject merchandise.
On March 31, 2005, the Department received a complete substantive
response from the domestic interested parties within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department
did not receive a substantive response from any government or
respondent interested party to this proceeding. As a result, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
the Department conducted an expedited review of this CVD order.
Scope of the Order
The merchandise subject to this CVD order is top-of-the-stove
stainless steel cookware (``cookware'') from Korea. The subject
merchandise is all non-electric cooking ware of stainless steel which
may have one or more layers of aluminum, copper or carbon steel for
more even heat distribution. The subject merchandise includes skillets,
frying pans, omelette pans, saucepans, double boilers, stock pots,
dutch ovens, casseroles, steamers, and other stainless steel vessels,
all for cooking on stove top burners, except tea kettles and fish
poachers.
Excluded from the scope of the order is stainless steel oven ware
and stainless steel kitchen ware. Certain stainless steel pasta and
steamer inserts and certain stainless steel eight-cup coffee
percolators are within the scope (63 FR 41545 (August 4, 1998) and 58
FR 11209 (February 24, 1993), respectively).
Moreover, as a result of a changed circumstances review, the
Department revoked the order in part with regards to certain stainless
steel camping ware that: (1) is made of single-ply stainless steel
having a thickness no greater than 6.0 millimeters; and (2) consists of
1.0, 1.5, and 2.0 quart saucepans without handles and with lids that
also serve as fry pans (62 FR 32767, June 17, 1997).
Cookware is currently classifiable under Harmonized Tariff Schedule
(``HTS'') item numbers 7323.93.00 and 9604.00.00. The HTS item numbers
are provided for convenience and customs purposes only. The written
description remains dispositive.
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration, to Holly
A. Kuga, Acting Assistant Secretary for Import Administration, dated
September 27, 2005, which is hereby adopted by this notice. Parties can
find a complete discussion of all issues raised in this review and the
corresponding recommendation in this public memorandum which is on file
in the Central Records Unit room B-099 of the main Commerce building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper
copy and electronic version of the Decision Memorandum are identical in
content.
Final Results of Review
The Department determines that revocation of the countervailing
duty order would be likely to lead to continuation or recurrence of a
countervailable subsidy at the rates listed below:
------------------------------------------------------------------------
Net
Producers/Exporters Countervailable
Subsidy (percent)
------------------------------------------------------------------------
All Manufacturers\1\................................ 0.77
------------------------------------------------------------------------
\1\ Dae Sung Industrial Co. and Woo Sung Company Ltd. were excluded from
the order. See Countervailing Order: Certain Stainless Steel Cooking
Ware from the Republic of Korea, 52 FR 2140 (January 20, 1987).
Notification Regarding Administrative Protective Order:
This notice serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing the 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. 05-19884 Filed 10-3-05; 8:45 am]
BILLING CODE 3510-DS-S