[Federal Register: October 7, 2003 (Volume 68, Number 194)]
[Notices]
[Page 57875-57876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc03-41]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-501]
Natural Bristle Paintbrushes and Brush Heads from the People's
Republic of China: Initiation of Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received
timely requests to conduct new shipper reviews of the antidumping duty
order on natural bristle paintbrushes and brush heads from the People's
Republic of China (PRC). In accordance with 19 CFR 351.214(d), we are
initiating a review for Shanghai R&R Imp./Exp. Co., Ltd. (Shanghai) and
its producer Zhejiang Lin'an Maxiao Brushes Factory (ZLMBF), and for
Changshan Import/Export Co., Ltd. (Changshan) and its producer ZLMBF.
EFFECTIVE DATE: October 7, 2003.
FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Dana Mermelstein,
Office of AD/CVD Enforcement 7, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)
482-0961 or (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 14, 2003, the Department received timely requests from
Shanghai and Changshan, pursuant to section 751(a)(2)(B) of the Tariff
Act of 1930 (the Act) and in accordance with 19 CFR 351.214(c), for new
shipper reviews under the antidumping duty order on natural bristle
paintbrushes and brush heads from the PRC. This order has a February
anniversary month and therefore an August semiannual anniversary month.
On August 27, 2003, the Department issued a letter to Shanghai and
Changshan noting that there were similarities in the new shipper review
requests for both companies, and we asked whether Shanghai and
Changshan were related in any way. Shanghai and Changshan, in their
response of August 29, 2003, replied that the similarities occurred
because the actions by both Shanghai and Changshan occurred shortly
after their counsel conducted a program in China discussing the
antidumping law and various ways of participating. Because of the
schedule for filing new shipper review requests, both Shanghai and
Changshan arranged their sales and made the shipments on relatively
short notice. While there are similarities in the shipments, the two
companies stated that they are not affiliated, and therefore they
requested separate new shipper reviews. The Department will continue
throughout the review to examine carefully any similarities between
Shanghai and Changshan.
Initiation of Reviews
Pursuant to 19 CFR 351.214(b)(2)(ii) and 19 CFR
351.214(b)(2)(iii)(A), in their August 14, 2003 requests for review,
Shanghai and Changshan certified that they did not export the subject
merchandise to the United States during the period of investigation
(POI) and that they are not affiliated with any company which exported
subject merchandise to the United States during the POI. Pursuant to 19
CFR 351.214(b)(ii)(B), Shanghai's and Changshan's producer, ZLMBF,
certified that it did not export subject merchandise during the period
of investigation. Pursuant to 19 CFR 351.214(b)(2)(iii)(B), Shanghai
and Changshan further certified that their export activities are not
controlled by the central government of the PRC. Also, in accordance
with 19 CFR 351.214(b)(2)(iv), Shanghai and Changshan submitted
documentation establishing the date on which each company first shipped
the subject merchandise to the United States, the volume of its first
shipment, and the date of the first sale to an unaffiliated customer in
the United States. Shanghai and Changshan also stated that they had no
shipments to the United States other than their first shipment.
Therefore, in accordance with section 751(a)(2)(B) of the Act and
19 CFR 351.214(d), we are initiating new shipper reviews of the
antidumping duty order on natural bristle paintbrushes and brush heads
from the PRC. In accordance with 19 CFR 351.214(i), we intend to issue
the preliminary results not later than 180 days from the date of
initiation of these reviews. All provisions of 19 CFR 351.214 will
apply to Shanghai and Changshan throughout the duration of these new
shipper reviews.
In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for a new
shipper review initiated in the month immediately following the
semiannual anniversary month is the six-month period immediately
preceding the semiannual anniversary month. Therefore, the POR for
these new shipper reviews is February 1, 2003 through July 31, 2003.
Pursuant to
[[Page 57876]]
section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), we are
initiating new shipper reviews for shipments of natural bristle
paintbrushes and brush heads from the PRC: (1) produced by ZLMBF and
exported by Shanghai; (2) produced by ZLMBF and exported by Changshan.
It is the Department's usual practice in cases involving non-market
economies to require that a company seeking to establish eligibility
for an antidumping duty rate separate from the country-wide rate
provide de jure and de facto evidence of an absence of government
control over the company's export activities. Accordingly, we will
issue a questionnaire to Shanghai and Changshan (including a complete
separate rates section), allowing approximately 37 days for response.
If the response from each respondent provides sufficient indication
that it is not subject to either de jure or de facto government control
with respect to its exports of natural bristle paintbrushes and brush
heads, the review will proceed. If, on the other hand, a respondent
does not demonstrate its eligibility for a separate rate, then it will
be deemed to be affiliated with other companies that exported during
the POI and not eligible for a separate rate, and the review of that
respondent will be rescinded.
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Antidumping Duty New Shipper Reviews: Period To Be Reviewed:
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Shanghai R&R Imp./Exp. Co., Ltd. / Produced by 2/1/03-7/31/03
Zhejiang Lin'an Maxiao Brushes Factory........
Changshan Import/Export Co., Ltd. / Produced by 2/1/03-7/31/03
Zhejiang Lin'an Maxiao Brushes Factory........
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We will instruct the U.S. Bureau of Customs and Border Protection
(BCBP) to allow, at the option of the importer, the posting, until the
completion of the review, of a single entry bond or security in lieu of
a cash deposit for subject merchandise exported by and produced by the
above listed companies. See 19 CFR 351.214(e). Shanghai and Changshan
certified that they exported but did not produce the subject
merchandise on which they based their new shipper review requests (i.e.
ZLMBF certified that it produced the subject merchandise exported by
Shanghai and Changshan). Therefore, we will instruct BCBP to limit the
bonding option only to entries of subject merchandise: (1) exported by
Shanghai and produced by ZLMBF; or (2) exported by Changshan and
produced by ZLMBF.
Interested parties may submit applications for disclosure of
business proprietary information under administrative protective order
in accordance with 19 CFR 351.305 and 351.306.
This initiation and notice are in accordance with section 751(a) of
the Act and 19 CFR 351.214.
Dated: September 30, 2003.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 03-25385 Filed 10-6-03; 8:45 am]