[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Notices]
[Page 39633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19389]


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DEPARTMENT OF COMMERCE
[A-201-504]


Porcelain-on-Steel Cooking Ware From Mexico; Notice of Panel 
Decision

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

ACTION: Notice of panel decision.

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SUMMARY: On July 19, 1996, a Binational Panel, convened pursuant to the 
North American Free Trade Agreement (NAFTA), affirmed the Department of 
Commerce's (Department) determination on remand changing the value 
added tax (VAT) calculation to a tax-neutral methodology approved by 
the Court of Appeals for the Federal Circuit (CAFC) and correcting a 
clerical error in the review period covering December 1, 1990 through 
November 30, 1991 of the above order. This notice is published because 
this final panel determination is not in harmony with the Department's 
original determination in this review.

EFFECTIVE DATE: July 30, 1996.

FOR FURTHER INFORMATION CONTACT: Lorenza Olivas or Richard Herring, 
Office of CVD/AD Enforcement, International Trade Administration, U.S. 
Department of Commerce, 14th & Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On January 9, 1995, the Department published in the Federal 
Register (60 FR 2378) the final results of its fifth administrative 
review of the antidumping duty order on porcelain-on-steel cooking ware 
from Mexico. Cinsa, S.A., respondent in these proceedings, subsequently 
requested that a NAFTA Binational Panel (Panel) review these final 
results. Thereafter, the Panel remanded the Department's final results 
with respect to two issues only. Specifically, the Panel directed the 
Department to (1) ``apply Commerce's tax neutral VAT adjustment 
methodology which was approved by the CAFC in Federal Mogul'' and to 
(2) ``either correct respondent's clerical error, or allow respondent 
to present data sufficient to allow Commerce to correct the clerical 
error in accordance with the CAFC's determination in NTN Bearings.'' 
The Department made the tax-neutral VAT adjustment and recalculated the 
cost of Item No. 10158, the item affected by the clerical error. The 
Department filed its redetermination on June 14, 1996; the Panel 
affirmed the redetermination on July 19, 1996. This notice is published 
pursuant to 19 U.S.C. 1516a(g)(5)(B), which stipulates that a notice of 
a final decision of a binational panel not in harmony with the 
Department's original determination shall be published within 10 days 
of the date of the issuance of the Panel decision.

Suspension of Liquidation

    On February 8, 1995, respondent Cinsa, S.A. requested that the 
Department of Commerce continue suspension of liquidation of those 
entries of merchandise covered by the determination in the fifth 
administrative review pending the final disposition of the review. 
Therefore, pursuant to 19 U.S.C. 1516a(g)(5)(C), the Department will 
continue to suspend liquidation of these entries until such time as a 
notice of completion of the Panel review has been filed.

    Dated: July 25, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-19389 Filed 7-29-96; 8:45 am]
BILLING CODE 3510-DS-P