[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:

------------------------------------------------------------------------
                                                              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