70 FR 57856, October 4, 2005
DEPARTMENT OF COMMERCE
International Trade Administration
[C-583-604]
Final Results of Expedited Sunset Review of Countervailing Duty
Order: Top-of-the-Stove Stainless Steel Cookware from Taiwan
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
Taiwan pursuant to section 751(c) of the Tariff Act of 1930, 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 inadequate 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 Taiwan
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 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 Taiwan. 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 orders are stainless steel oven ware
and stainless steel kitchen ware. ``Universal pan lids'' are not within
the scope of the order (57 FR 57420, December 4, 1992).
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 https://enforcement.trade.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 CVD order would be
likely to lead to continuation or recurrence of a countervailable
subsidy at the rate listed below:
------------------------------------------------------------------------
Net
Producers/Exporters Countervailable
Subsidy (%)
------------------------------------------------------------------------
All Manufacturers/Producers/Exporters............... 2.14
------------------------------------------------------------------------
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. 05-19882 Filed 10-3-05; 8:45 am]
BILLING CODE 3510-DS-S