[Federal Register: July 6, 2004 (Volume 69, Number 128)]
[Notices]
[Page 40601-40602]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy04-27]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-002]
Chloropicrin From the People's Republic of China; Final Results
of the Expedited Sunset Review of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Expedited sunset review of antidumping duty order on
Chloropicrin from the People's Republic of China; final results.
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SUMMARY: On March 1, 2004, the Department of Commerce (``the
Department'') published a notice of initiation of sunset review on
chloropicrin from the People's Republic of China (``China''). On the
basis of the notice of intent to participate, adequate substantive
comments filed on behalf of the domestic interested parties, and an
inadequate response (in this case, no response) from respondent
interested parties, we determined to conduct an expedited, 120-day
sunset review. As a result of this review, we find that revocation of
the antidumping duty order would be likely to lead to continuation or
recurrence of dumping at the levels listed below in the section
entitled ``Final Results of Review.''
DATES: Effective July 6, 2004.
FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC, 20230; telephone: (202) 482-5050.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2004, the Department published the notice of initiation
of sunset review of the antidumping duty order on chloropicrin from
China pursuant to section 751(c) of the Tariff Act of 1930, as amended
(the ``Act'').\1\ The Department received Notice of Intent to
Participate on behalf of Ashta Chemicals, Inc., Arvesta Corporation,
Niklor Chemical Company, and Trinity Manufacturing Inc., (collectively,
``the domestic interested parties''), within the deadline specified in
section 351.218(d)(1)(i) of the Department's Regulations (``Sunset
Regulations''). The domestic interested parties claimed interested
party status under Section 771(9)(C) of the Act as U.S. producers of
chloropicrin. We received a complete response from the domestic
interested parties within the 30-day deadline specified in the Sunset
Regulations under section 351.218(d)(3)(i). We received no response
from any interested party respondents in this proceeding. As a result,
pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited, 120-
day, sunset review of this antidumping duty order.
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\1\ See Initiation of Five-Year (Sunset) Reviews, 69 FR 9585 (
March 1, 2004).
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This order remains in effect for all Chinese manufacturers,
producers, and exporters.
Scope of the Order
The merchandise subject to this antidumping duty order is
chloropicrin, also known as trichloronitromethane. A major use of the
product is as a pre-plant soil fumigant (pesticide). Such merchandise
is currently classifiable under Harmonized Tariff Schedule (HTS) item
number 2904.90.50. The HTS item number is provided for convenience and
customs purposes. The written description remains dispositive.
Analysis of Comments Received
All issues raised in this case are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen,
Acting Director, Office of Policy, Import Administration, to Jeffrey A.
May, Acting Assistant Secretary for Import
[[Page 40602]]
Administration, dated June 29, 2004, which is hereby adopted by this
notice. The issues discussed in the Decision Memo include the
likelihood of continuation or recurrence of dumping and the magnitude
of the margin likely to prevail if the finding were to be revoked.
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 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/frn, under the
heading ``July 2004.'' 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 on
chloropicrin from China would be likely to lead to continuation or
recurrence of dumping at the following percentage weighted-average
percentage margins:
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Weighted-
average
Manufacturers/Exporters/Producers margin
(percent)
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China National Chemicals Import and Export Corporation 58.00
(SINOCHEM)................................................
China-wide rate............................................ 58.00
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This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305 of the
Department's regulations. Timely notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(I) of the Act.
Dated: June 29, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-15230 Filed 7-2-04; 8:45 am]