[Federal Register: October 4, 2002 (Volume 67, Number 193)]
[Notices]
[Page 62226-62227]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc02-24]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-847]
Final Results of Expedited Sunset Review: Persulfates From the
People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 62227]]
ACTION: Notice of final results of expedited sunset review: Persulfates
from the People's Republic of China.
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SUMMARY: On July 22, 1997, the Department of Commerce (``the
Department'') published the notice of initiation of a five-year sunset
review of the antidumping duty order on persulfates from the People's
Republic of China (``PRC''), pursuant to section 751(c) of the Tariff
Act of 1930, as amended (``the Act'').\1\ On the basis of a notice of
intent to participate and adequate substantive comments filed on behalf
of domestic interested parties, and inadequate response (in this case
no response) from respondent interested parties, the Department
determined to conduct an expedited sunset review of this antidumping
duty order. As a result of this review, the Department finds that
revocation of the antidumping order would be likely lead to
continuation or recurrence of dumping at the levels indicated in the
``Final Results of Review'' section of this notice.
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\1\ Notice of Initiation of Five Year ``Sunset'' Reviews, 67 FR
9439 (March 1, 2002).
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EFFECTIVE DATE: October 4, 2002.
FOR FURTHER INFORMATION CONTACT: Amir R. Eftekhari or James P. Maeder,
Jr., Office of Policy for Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5331 or (202) 482-3330.
SUPPLEMENTARY INFORMATION:
Statute and Regulations
This review is conducted pursuant to sections 751(c) and 752 of the
Act. The Department's procedures for the conduct of sunset reviews are
set forth in Procedures for Conducting Five-year (``Sunset'') Reviews
of Antidumping and Countervailing Duty Orders, 63 FR 13516 (``Sunset
Regulations'') and in 19 CFR part 351 (2001) in general. Guidance on
methodological or analytical issues relevant to the Department's
conduct of sunset reviews is set forth in the Department's Policy
Bulletin 98:3 Policies Regarding the Conduct of Five-year (``Sunset'')
Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin,
63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin'').
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,
(NH4)2S2O8,
K2S2O8, and
Na2S2O8. Ammonium and potassium
persulfates are currently classified under subheading 2833.40.60 of the
Harmonized Tariff Schedule of the United States (HTSUS). Sodium
persulfates are classified under HTSUS subheading 2833.40.20. The HTSUS
subheadings are provided for convenience and customs purposes. The
written description of the scope of this proceeding is dispositive.
Background
On July 22, 1997, the Department published the notice of initiation
of the five-year sunset review of the antidumping duty order on
persulfates from the PRC in accordance with section 751(c)(6)(A)(i) of
the Tariff Act of 1930.\2\ On June 11, 2002, the Department received a
Notice of Intent to Participate on behalf of FMC Corporation
(collectively, ``the domestic interested parties'') as specified in
Sec. 351.218(d)(1)(i) of the Sunset Regulations.
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\2\ Notice of Initiation of Five Year ``Sunset'' Reviews, 67 FR
38332 (June 3, 2002).
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On July 3, 2002, the Department received a complete substantive
response from the domestic interested parties, as specified in the
Sunset Regulations under Sec. 351.218(d)(3)(i).
The Department did not receive a substantive response from any
respondent interested party in this proceeding. Consequently, pursuant
to section 751(c)(3)(B) of the Act, and 19 CFR 351.218(e)(1)(ii)(C),
the Department conducted an expedited (120-day) sunset review of this
order.
Analysis of Comments Received
All issues raised by the domestic interested parties to this sunset
review are addressed in the Issues and Decision Memorandum (``Decision
Memorandum'') from Jeffrey A. May, Director, Office of Policy, Import
Administration, to Faryar Shirzad, Assistant Secretary for Import
Administration, dated October 2, 2002, which is adopted by this notice.
The issues discussed in the Decision Memorandum include the likelihood
of continuation or recurrence of dumping and the magnitude of the
margin likely to prevail were the order revoked. Parties can find a
complete discussion of all issues raised in this sunset review and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit, room B-099, of the Department's main
building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the
heading ``October 2002.'' The paper copy and electronic version of the
Decision Memorandum are identical in content.
Final Results of Review
We determine that revocation of the antidumping duty order would
likely lead to continuation or recurrence of dumping at the following
percentage weighted-average margins:
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Weighted-
average
Manufacturer/producers/exporter margin
(percent)
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Sinochem Jiangsu Wuxi Import & Export Corporation (Wuxi)... 32.22
Shanghai Ai Jian Import & Export Corporation (Ai Jian)..... 34.41
Guangdong Petroleum Chemical Import and Export Trade 34.97
(Guangdong)...............................................
PRC-wide................................................... 119.02
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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. Timely 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 violation which is subject to sanction.
This five-year (``sunset'') review and notice are in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: September 30, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-25307 Filed 10-3-02; 8:45 am]
BILLING CODE 3510-DS-P