[Federal Register: November 19, 2003 (Volume 68, Number 223)]
[Notices]
[Page 65249-65250]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no03-45]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-882]
Antidumping Duty Order: Refined Brown Aluminum Oxide (Otherwise
Known as Refined Brown Artificial Corundum or Brown Fused Alumina) From
the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of antidumping duty order.
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SUMMARY: Pursuant to section 736(a) of the Tariff Act of 1930, as
amended, the Department of Commerce is issuing an antidumping duty
order on refined brown aluminum oxide (otherwise Known as refined brown
artificial corundum or brown fused alumina) From the People's Republic
of China.
EFFECTIVE DATE: November 19, 2003.
FOR FURTHER INFORMATION CONTACT: David J. Goldberger, Jim Mathews or
Tinna E. Beldin, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
4136, (202) 482-2778 or (202) 482-1655, respectively.
SUPPLEMENTARY INFORMATION:
Scope of Order
The merchandise covered by this investigation is ground, pulverized
or refined brown artificial corundum, also known as refined brown
aluminum oxide or brown fused alumina, in grit size of \3/8\ inch or
less. Excluded from the scope of the investigation is crude artificial
corundum in which particles with a diameter greater than \3/8\ inch
constitute at least 50 percent of the total weight of the entire batch.
The scope includes brown artificial corundum in which particles with a
diameter greater than \3/8\ inch constitute less than 50 percent of the
total weight of the batch. The merchandise under investigation is
currently classifiable under subheading 2818.10.20.00 of the Harmonized
Tariff Schedule of the United States (HTSUS). Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the merchandise under investigation is
dispositive.
Antidumping Duty Order
On November 10, 2003, the International Trade Commission (the ITC)
notified the Department of Commerce (the Department) of its final
determination pursuant to section 735(b)(1)(A)(i) of the Tariff Act of
1930, as amended (the Act), that the industry in the United States
producing refined brown aluminum oxide (RBAO) is materially injured by
reason of less-than-fair-value imports of subject merchandise from the
People's Republic of China (PRC). In addition, the ITC notified the
Department of its final determination that critical circumstances do
not exist with respect to imports of subject merchandise from the PRC
that are subject to the Department's affirmative critical circumstances
finding.
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further advice by the Department, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price of the merchandise for all relevant entries of RBAO from
the PRC. These antidumping duties will be assessed on all unliquidated
entries of RBAO from the PRC entered, or withdrawn from the warehouse,
for consumption on or after May 6, 2003, the date on which the
Department published the Notice of Preliminary Determination of Sales
Less Than Fair Value, Affirmative Preliminary Determination of Critical
Circumstances and Postponement of Final Determination: Refined Brown
Aluminum Oxide (Otherwise known as Refined Brown Artificial Corundum or
Brown Fused Alumina) from the
[[Page 65250]]
People's Republic of China, 68 FR 23966.
With regard to the ITC negative critical circumstances
determination, we will instruct CBP to lift suspension and to release
any bond or other security, and refund any cash deposit made, to secure
the payment of antidumping duties with respect to entries of the
merchandise entered, or withdrawn from warehouse, for consumption on or
after February 5, 2003, but before May 6, 2003. February 5, 2003 is 90
days prior to May 6, 2003, the date of publication of the Department's
preliminary determination in the Federal Register.
CBP must require, at the same time as importers would normally
deposit estimated duties on this merchandise, a cash deposit equal to
the estimated weighted-average antidumping duty margins as noted below.
The ``PRC-wide Rate'' applies to all exporters of RBAO not specifically
listed below.
The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
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Zibo Jinyu Abrasive Co., Ltd............................... 135.18
PRC-wide................................................... 135.18
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This notice constitutes the antidumping duty order with respect to
RBAO from the PRC, pursuant to section 736(a) of the Act. Interested
parties may contact the Department's Central Records Unit, Room B-099
of the Main Commerce Building, for copies of an updated list of
antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211.
Dated: November 12, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-28803 Filed 11-18-03; 8:45 am]
BILLING CODE 3510-DS-P