MESSAGE NO: 1176202 DATE: 06 25 2001
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 506 A - 583 - 508
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PERIOD COVERED: 06 25 2001 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: LIQUIDATION INSTRUCTIONS AND SCOPE RULING ON ANTIDUMPING
DUTY ORDER OF PORCELAIN ON STEEL COOKING WARE FROM THE
PEOPLES'REPUBLIC OF CHINA (A-570-506) & TAIWAN (A-583-508)

1. ON APRIL 13, 2001, IN RESPONSE TO A REQUEST BY KEANALL
PRODUCTS, INC. (KEANALL), THE DEPARTMENT OF COMMERCE ISSUED A
FINAL SCOPE RULING THAT THE FOLLOWING THREE PRODUCTS:

(1) A DELUXE GRILL TOPPER;

(2) PORCELAIN COATED GRILL TOPPER; AND

(3) WOK TOPPER

ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING
PORCELAIN ON STEEL COOKING WARE FROM THE PEOPLE'S REPUBLIC OF
CHINA (A-570-506) AND TAIWAN (A-583-508).

2. THE COMMERCE DEPARTMENT DETERMINED THAT DELUXE GRILL TOPPER,
PORCELAIN COATED GRILL TOPPER, AND WOK TOPPER IMPORTED BY KEANALL
DO NOT MEET THE PRODUCT DESCRIPTION OF MERCHANDISE COVERED BY THE
SCOPE OF THE ORDER.

SPECIFICALLY, THE GRILL TOPPER AND DELUXE GRILL TOPPER ARE GRILL
RACKS COMPOSED OF BLACK PORCELAIN ON STEEL WITH TWO PORCELAIN ON
STEEL WIRE HANDLES AND THE ENTIRE COOKING SURFACE IS PERFORATED
TO ALLOW GREASE AND FATS TO DRIP AWAY.

BOTH GRILL RACKS ARE BORDERED ON THREE SIDES BY A LIP OF
APPROXIMATELY ONE INCH, AND THE FOURTH SIDE IS A CURVED OPEN EDGE
TO FACILITATE STIRRING AND SERVING THE FOOD PRODUCTS.
THE WOK TOPPER IS A SQUARE WOK-SHAPED GRILL RACK WITH SIDE WALLS
AND TWO OPPOSING SOLID STEEL HANDLES. LIKE THE GRILL TOPPER AND
DELUXE GRILL TOPPER, THE WOK TOPPER'S COOKING SURFACE AND ITS
WALLS ARE PERFORATED WITH SMALL CIRCULAR HOLES.

THEREFORE, DELUXE GRILL TOPPER, PORCELAIN COATED GRILL TOPPER,
AND WOK TOPPER IMPORTED BY KEANALL ARE NOT VESSELS CAPABLE OF
CONTAINING LIQUIDS, AND ARE THUS, NOT WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING PORCELAIN ON STEEL COOKING WARE
FROM THE PEOPLE'S REPUBLIC OF CHINA AND TAIWAN.

3. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF DELUXE
GRILL TOPPER, PORCELAIN COATED GRILL TOPPER, AND WOK TOPPER
DESCRIBED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE DELUXE GRILL TOPPER, PORCELAIN COATED GRILL
TOPPER, AND WOK TOPPER DESCRIBED ABOVE.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT
CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDER
PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES THE INTEREST PROVISIONS ARE NOT APPLICABLE TO
CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE
DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER. INTEREST
SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES IS REQUIRED THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT
UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH
PERIOD.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF PORCELAIN ON
STEEL COOKING WARE SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING
PORCELAIN ON STEEL COOKING WARE FROM THE PEOPLE'S REPUBLIC OF
CHINA AND TAIWAN.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT CINDY LAI ROBINSON AT (202) 482-3797,
OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

PAUL SCHWARTZ