[Federal Register: September 29, 1999 (Volume 64, Number 188)] [Notices] [Page 52525-52526] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr29se99-88] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigations Nos. 731-TA-857-858 (Preliminary)] Certain Paintbrushes From China and Indonesia Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission determines,2 pursuant to section 733(a) of the Tariff Act of 1930,3 that there is no reasonable indication that an industry in the United States is materially injured or threatened with material injury, or that the establishment of an industry in the United States is materially retarded, by reason of imports of synthetic filament paintbrushes from China,4 and imports of natural bristle and synthetic filament paintbrushes from Indonesia,5 that are alleged to be sold in the United States at less than fair value (LTFV). --------------------------------------------------------------------------- \1\ The record is defined in Sec. 207.2(f) of the Commission's rules of practice and procedure (19 CFR 207.2(f)). \2\ Commissioner Crawford voting in the affirmative with respect to imports of the subject merchandise from China. \3\ 19 U.S.C. 1673b(a). \4\ The products covered by the investigation concerning China include all paintbrushes and paintbrush heads that are used to apply paint, stain, varnish, shellac, or any other type of protective coating, other than natural bristle paintbrushes and paintbrush heads that are classifiable under statistical reporting number 9603.40.4040 of the Harmonized Tariff Schedule of the United States (HTS). The scope includes paintbrushes and paintbrush heads with a blend of natural bristle and synthetic filaments, provided that synthetic filaments comprise over 50 percent of the total filler material in the finished paintbrush or paintbrush head. The merchandise subject to this investigation is classifiable under statistical reporting number 9603.40.4060 of the HTS. Excluded from the scope are artists' brushes classified under statistical reporting numbers 9603.30.2000, 9603.30.4000, or 9603.30.6000 of the HTS, or other non-paintbrush products classified under statistical reporting number 9603.40.4060 of the HTS such as foam applicators, sponge applicators, or any other type of non-brush paint applicator. \5\ The products covered by the investigation concerning Indonesia include all paintbrushes and paintbrush heads that are used to apply paint, stain, varnish, shellac, or any other type of protective coating, including natural bristle paintbrushes and paintbrush heads, synthetic filament paintbrushes and paintbrush heads, and paintbrushes and paintbrush heads made with a blend of natural bristle and synthetic filament. The merchandise subject to this investigation is classifiable under statistical reporting numbers 9603.40.4040 and 9603.40.4060 of the HTS. Excluded from the scope are artists' brushes classified under statistical reporting numbers 9603.30.2000, 9603.30.4000, or 9603.30.6000 of the HTS, or other non-paintbrush products classified under statistical reporting number 9603.40.4060 of the HTS such as foam applicators, sponge applicators, or any other type of non-brush paint applicator. --------------------------------------------------------------------------- Background On August 2, 1999, a petition was filed with the Commission and the Department of Commerce by the Paintbrush Trade Action Coalition (PATAC) whose member firms include EZ Paintr Corp., St. Francis, WI; Bestt Liebco, Philadelphia, PA; The Wooster Brush Co., Wooster, OH; Purdy Corp., Portland, OR; and TruServ Manufacturing, Cary, IL, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV imports of synthetic filament [[Page 52526]] paintbrushes from China and imports of natural bristle and synthetic filament paintbrushes from Indonesia. Accordingly, effective August 2, 1999, the Commission instituted antidumping investigations Nos. 731-TA- 857-858 (Preliminary). Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of August 11, 1999.6 The conference was held in Washington, DC, on August 23, 1999, and all persons who requested the opportunity were permitted to appear in person or by counsel. --------------------------------------------------------------------------- \6\ 64 FR 43715. --------------------------------------------------------------------------- The Commission transmitted its determinations in these investigations to the Secretary of Commerce on September 23, 1999. The views of the Commission are contained in USITC Publication 3237 (September 1999), entitled Certain Paintbrushes from China and Indonesia: Investigations Nos. 731-TA-857-858 (Preliminary). By order of the Commission. Issued: September 23, 1999. Donna R. Koehnke, Secretary. [FR Doc. 99-25346 Filed 9-28-99; 8:45 am] BILLING CODE 7020-02-P