[Federal Register: December 5, 2003 (Volume 68, Number 234)]
[Notices]
[Page 68030-68031]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de03-50]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-847]
Persulfates from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Antidumping Duty Administrative
Review.
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SUMMARY: On July 31, 2003, the Department of Commerce published the
preliminary results of the 2001-2002 administrative review of the
antidumping duty order on persulfates from the People's Republic of
China. This review covers one manufacturer/exporter of the subject
merchandise to the United States. The merchandise covered by this order
are persulfates, including ammonium, potassium, and sodium persulfates.
The period of review is July 1, 2001, through June 30, 2002.
Based on our analysis of the comments received, we have made
certain changes in the margin calculations. See the section entitled
``Changes Since the Preliminary Results'' listed below. The final
weighted-average dumping margin is listed below in the section entitled
``Final Results of the Review.''
EFFECTIVE DATE: December 5, 2003.
FOR FURTHER INFORMATION CONTACT: Mike Strollo or Greg Kalbaugh, AD/CVD
Enforcement, Group I, Office 2, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)
482-0629 and (202) 482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 31, 2003, the Department published the preliminary results
of the 2001-2002 administrative review of the antidumping duty order on
persulfates from the People's Republic of China (PRC). See Persulfates
from the People's Republic of China: Preliminary Results of Antidumping
Duty Administrative Review, and Partial Rescission of Administrative
Review, 68 FR 44921 (July 31, 2003) (Preliminary Results). This review
covers one exporter, Shanghai Ai Jian Import & Export Corporation (Ai
Jian).
We invited interested parties to comment on the preliminary results
of review. The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of Review
The products covered by this review are persulfates, including
ammonium, potassium, and sodium persulfates. The chemical formula for
these persulfates are, respectively, (NH[bdi4])[bdi2]S[bdi2]O[bdi8],
K[bdi2]S[bdi2]O[bdi8], and Na[bdi2]S[bdi2]O[bdi8]. Ammonium and
potassium persulfates are currently classifiable under subheading
2833.40.60 of the Harmonized Tariff Schedule of the United States
(HTSUS). Sodium persulfate is classifiable under HTSUS subheading
2833.40.20. Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
review is dispositive.
Separate Rates
Ai Jian has requested a separate, company-specific antidumping duty
rate. In our preliminary results, we found that Ai Jian had met the
criteria for the application of a separate antidumping duty rate. See
Preliminary Results, 68 FR at 44921. We have not received any other
information since the preliminary results which would warrant
reconsideration of our separate rates determination with respect to
this company. We therefore determine that Ai Jian should be assigned an
individual dumping margin in this administrative review.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memo) from Jeffrey May, Deputy Assistant
Secretary, Group I, to James Jochum, Assistant Secretary for Import
Administration, dated November 28, 2003, which is adopted by this
notice. A list of the issues which parties have raised and to which we
have responded, all of which are in the Decision Memo, is attached to
this notice as an Appendix. Parties can find a complete discussion of
all issues raised in this review and the corresponding recommendations
in this public memorandum, which is on file in the Central Records Unit
in Room B-099 of the main Commerce Building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov. The paper copy
and electronic version of the Decision Memo are identical in content.
Changes Since the Preliminary Results
For purposes of the final results, we have made certain changes in
the margin calculation for Ai Jian. For a discussion of these changes,
see the ``Margin Calculations'' section of the Decision Memo.
[sbull] We removed a figure which was inadvertently included in the
denominators of both the selling, general and administrative expense,
and profit ratio calculations. See Comment 1 of the Decision Memo.
[sbull] We eliminated the purity adjustment applied to one of the
inputs used by Ai Jian in the production of persulfates because Ai Jian
failed to provide adequate support for that adjustment. See Comment 5
of the Decision Memo.
Final Results of the Review
We determine that the following percentage weighted-average margin
exists for the period July 1, 2001 through June 30, 2002:
------------------------------------------------------------------------
Manufacturer/exporter Margin
------------------------------------------------------------------------
Shanghai Ai Jian Import & [chyph]Export Corporation........ 0.00
percent
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Assessment Rates
The Department will determine, and Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries. For
assessment purposes, we do not have the information to calculate
entered value because Ai Jian is not the importer of record for the
subject merchandise. Accordingly, we have calculated customer-specific
duty assessment rates for the merchandise in question by aggregating
the dumping margins calculated for all U.S. sales to each customer and
dividing this amount by the total quantity of those sales. To determine
whether the duty assessment rates were de minimis, in accordance with
the requirement set forth in 19 CFR 351.106(c)(2), we calculated
customer-specific ad valorem ratios based on export prices. We will
direct CBP to assess the resulting assessment rates uniformly on all
entries of that particular customer made during the period of review.
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate
without regard to antidumping
[[Page 68031]]
duties any entries for which the assessment rate is de minimis. The
Department will issue appropriate assessment instructions directly to
CBP within 15 days of publication of these final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of this antidumping duty
administrative review for all shipments of persulfates 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)
for Ai Jian, the cash deposit rate will be zero; (2) for previously
reviewed or investigated companies not listed above that have separate
rates, the cash deposit rate will continue to be the company-specific
rate published for the most recent period; (3) the cash deposit rate
for all other PRC exporters will be 119.02 percent, the PRC-wide rate
established in the less than fair value investigation; and (4) the cash
deposit rate for non-PRC exporters of subject merchandise from the PRC
will be the rate applicable to the PRC supplier of that exporter.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing this determination and notice in
accordance with sections section 751(a)(1) and 777(i) of the Act.
Dated: November 28, 2003.
James Jochum,
Assistant Secretary for Import Administration.
Appendix Issues in Decision Memo
Comment 1: Production Process of the Proposed Surrogate Producer and
Whether National Peroxide Limited is a More Appropriate Surrogate
Producer
Comment 2: Experience of Other Chemical Producers As Compared to that
of the Proposed Surrogate Producer
Comment 3: Whether the Proposed Surrogate's Receipt of Government
Subsidies Distorts Its SG&A Ratio
Comment 4: Reported Scope of the Proposed Surrogate's Business
Comment 5: Whether to Apply a Specificity Ratio to one of Ai Jian's
Factor Input Usage
[FR Doc. 03-30259 Filed 12-4-03; 8:45 am]