[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Notices]
[Pages 39359-39360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19012]
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DEPARTMENT OF COMMERCE
[A-570-502]
Iron Construction Castings 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.
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SUMMARY: In response to a request by the Municipal Castings Fair Trade
Counsel and its individually-named members, Alhambra Foundry, Inc.,
Allegheny Foundry Co., Bingham & Taylor Division, Virginia Industries,
Inc., Charlotte Pipe & Foundry Co., East Jordan Iron Works, Inc.,
Inland Foundry Company, Inc., LeBaron Foundry Inc., Municipal Castings,
Inc., Neenah Foundry Co., Opelika Foundry Co., Tyler Pipe Industries
Inc., U.S. Foundry & Manufacturing Co., and Vulcan Foundry, Inc., the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on iron construction castings from
the People's Republic of China (PRC). The review covers one producer/
exporter, the Liaoning Branch of the China National Machinery Import
and Export Corporation (MACHIMPEX, Liaoning)
[[Page 39360]]
and entries of the subject merchandise into the United States during
the period May 1, 1993, through April 30, 1994. We have preliminarily
determined that a dumping margin exists for MACHIMPEX, Liaoning. The
Department based this margin on the best information available (BIA).
Interested parties are invited to comment on these preliminary
results.
EFFECTIVE DATE: August 2, 1995.
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Maureen Flannery,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4733.
SUPPLEMENTARY INFORMATION:
Background
On May 4, 1994, the Department published in the Federal Register
(59 FR 23051) a notice of ``Opportunity to Request an Administrative
Review'' of the antidumping duty order on iron construction castings
from the PRC (51 FR 17222 (May 9, 1986)). In accordance with 19 CFR
353.22(a)(1), the petitioner requested an administrative review for
MACHIMPEX, Liaoning. On June 15, 1994, the Department published a
notice of initiation of this review (59 FR 30770), covering the period
May 1, 1993, through April 30, 1994. The Department has now conducted
this 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 review are iron construction castings,
limited to manhole covers, rings and frames; catch basin grates and
frames; cleanout covers and frames used for drainage or access purposes
for public utility, water, and sanitary systems; valve, service, and
meter boxes which are placed below ground to encase water, gas, or
other valves, or water or gas meters. These articles must be of cast
iron, not alloyed, and not malleable. Certain iron construction
castings are currently classifiable under numbers 7352.10.00.00 and
7325.10.00.50 of the Harmonized Tariff Schedule of the United States
(HTSUS). The HTSUS item numbers are provided for convenience and
Customs purposes only. The written description remains dispositive as
to the scope of the order.
This review covers sales of the subject merchandise manufactured by
MACHIMPEX, Liaoning and entered into the United States during the
period May 1, 1993, through April 30, 1994.
Use of Best Information Available
On July 27, 1994, the Department sent to the respondent, MACHIMPEX,
Liaoning, a questionnaire to determine whether it was eligible for a
separate rate in this review. On October 11, 1994, the Department sent
to the respondent a general antidumping questionnaire. Although we
established that the respondent received both questionnaires,
MACHIMPEX, Liaoning failed to respond to either questionnaire. The
Department therefore determines that MACHIMPEX, Liaoning is an
uncooperative respondent, and that the use of BIA is appropriate, in
accordance with section 776(c) of the Act. Whenever, as here, a company
refuses to cooperate with the Department, or otherwise significantly
impedes an antidumping proceeding, 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 same country of origin in the less-than-fair-value
(LTFV) investigation or in prior administrative reviews; or (2) the
highest rate found in this review for any firm for the same class or
kind of merchandise. (See Antifriction Bearings from France, et. al;
Final Results of Review, 58 FR 39729 (July 26, 1993).) As BIA, we have
assigned the rate of 92.74 percent, which is the highest rate found for
any iron construction casting producer from the prior reviews and the
LTFV investigation. Since MACHIMPEX, Liaoning did not respond to our
separate rates questionnaire, we have determined that we will not give
a separate rate to MACHIMPEX, Liaoning.
Preliminary Results of Review
We preliminarily determine that a margin of 92.74 percent exists
for MACHIMPEX, Liaoning for the period May 1, 1993 through April 30,
1994.
Any interested party may request a hearing within 10 days of
publication of this notice. Any hearing will be held 44 days after the
date of publication of this notice, or the first workday thereafter.
Interested parties may submit case briefs within 30 days of the
publication date of this notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than 37 days after
the date of publication of this notice. 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 such case
briefs.
The following deposit requirements shall be effective for all
shipments of the subject merchandise that are entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) The cash deposit rate for the reviewed
company, MACHIMPEX, Liaoning, shall be the rate established in the
final results of this review; (2) for Minmetals Guangdong, which
received a separate rate for the most recent period for which it was
reviewed, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) for all other
PRC exporters, the cash deposit rate will be 92.74 percent, the PRC
country-wide rate; and (4) for non-PRC exporters of the subject
merchandise from the PRC, the cash deposit rate 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 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 section 353.22
of the Department's regulations.
Dated: July 26, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-19012 Filed 8-1-95; 8:45 am]
BILLING CODE 3510-DS-P
