[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25786]
[[Page Unknown]]
[Federal Register: October 18, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-570-804]
Sparklers from the People's Republic of China; Preliminary
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of Antidumping Duty
Administrative Review.
-----------------------------------------------------------------------
SUMMARY: In response to a request by the petitioners, the Elkton
Sparkler Company and the Diamond Sparkler Company, the Department of
Commerce (the Department) has conducted an administrative review of the
antidumping duty order on sparklers from the People's Republic of China
(PRC). The review covers one manufacturer/exporter of this merchandise
to the United States and the period June 1, 1992 through May 31, 1993.
As a result of this review, we have preliminarily determined to
assess an antidumping duty of 93.54 percent on the merchandise subject
to the review. Interested parties are invited to comment on these
preliminary results of the review.
EFFECTIVE DATE: October 18, 1994.
FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich or Zev Primor,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
5831/4114.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 1991, the Department published in the Federal Register
the antidumping duty order on sparklers from the PRC (56 FR 27946). On
June 7, 1993, the Department published a notice in the Federal Register
notifying interested parties of the opportunity to request an
administrative review of sparklers from the PRC (58 FR 31941). On June
28, 1993, the petitioners requested, in accordance with 19 CFR
353.22(a), that we conduct an administrative review of exports to the
United States by Guangxi Native Produce Import and Export Corporation,
Beihai Fireworks and Firecrackers Branch (Guangxi), for the period June
1, 1992, through May 31, 1993. We published a notice of initiation of
the antidumping administrative review of Guangxi's exports on July 21,
1993 (58 FR 39007).
The Department is now conducting a review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Review
The products covered by this administrative review are sparklers
from the PRC. Sparklers are fireworks, each comprising a cut-to-length
wire, one end of which is coated with a chemical mix that emits bright
sparks while burning. Sparklers are currently classifiable under
subheading 3604.10.00 of the Harmonized Tariff Schedules (HTS). The HTS
subheadings are provided for convenience and customs purposes. The
written description remains dispositive as to the scope of this
proceeding.
Best Information Available
On February 22, 1994, we sent Guangxi a questionnaire and cover
letter, explaining the review procedures, by air mail through TNT
Skypak International Express (TNT).
The questionnaire, which covered exports to the United States for
the period of review, was due by April 14, 1994.We did not receive a
response by the due date and, thus, asked TNT to trace the shipment and
Guangxi's receipt of the document. On May 4, 1994, TNT's delivery
office in Hong Kong confirmed that the questionnaire was accepted by a
representative of Guangxi on March 3, 1994. Because we have received no
response and have not been contacted by Guangxi, we determine that
Guangxi is an uncooperative respondent. Therefore, in accordance with
section 776(c) of the Act, we are using the best information available
(BIA) as the basis for calculating a dumping margin for Guangxi's
United States entries during the period of review. In determining what
to use as BIA, the Department follows a two-tiered methodology whereby
the Department assigns a lower BIA margin to those respondents who
cooperate in a review, and a margin based on more adverse assumptions
to those respondents who do not cooperate, or who significantly impede
the review. See Final Results of Antidumping Administrative Review:
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts
Thereof From the Federal Republic of Germany (56 FR 31704-05, July 11,
1991).
In the case of uncooperative respondents, we use as BIA the higher
of (1) the highest of the rates found for any firm for the same class
or kind of merchandise in the less-than-fair-value (LTFV) investigation
or prior administrative reviews; or (2) the highest calculated rate in
this review for any firm. There were no other firms involved in this
review. Therefore, we have used as BIA the highest rate established in
the remand of the LTFV final determination (58 FR 53708, July 29,
1993), which was 93.54 percent.
Preliminary Results of the Review
As a result of our review, we preliminarily determine the dumping
margin to be the following:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Time period (percent)
------------------------------------------------------------------------
Guangxi Native Produce Import and Export
Corporation, Beihai Fireworks and
Firecrackers Branch..................... 6/1/92-5/31/93 93.54
------------------------------------------------------------------------
Interested parties to this proceeding may request disclosure within
5 days of publication of this notice and may request a hearing within
10 days of publication. Interested parties may submit case briefs and/
or written comments not later than 30 days after the date of
publication. Rebuttal briefs and rebuttals to written comments, limited
to issues raised in such briefs or comments, may be filed not later
than 37 days after the date of publication. Any hearing, if requested,
will be held 44 days after the date of publication, or the first
workday thereafter. The Department will publish a notice of the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs or comments.
Upon completion of this review, the Department shall determine, and
the U.S. Customs Service shall assess, antidumping duties on all
appropriate entries. The Department will issue appraisement
instructions directly to the U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
upon publication of this notice of final results of administrative
review for all shipments of sparklers from the PRC entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(1) of the Act: (1) The cash
deposit rate for Guangxi will be the rate as stated above; (2) for
previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) for PRC exporters not covered
in this review, a prior review, or the original LTFV investigation, the
cash deposit rate will be the PRC country-wide rate of 93.54 percent,
the rate established in the remand of the LTFV final determination for
exporters not covered in the investigation; and (4) the cash deposit
rate for non-PRC exporters will be the rate established for that firm
if a separate rate has been established for that firm; if a non-PRC
exporter does not have its own separate rate, the deposit rate for that
firm's shipments will be the rate applicable to the PRC supplier of
that exporter.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 353.26 to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.
Dated: October 7, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-25786 Filed 10-17-94; 8:45 am]
BILLING CODE 3510-DS-P
