[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25786]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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DEPARTMENT OF COMMERCE
[A-570-804]

 

Sparklers from the People's Republic of China; Preliminary 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of preliminary results of Antidumping Duty 
Administrative Review.

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SUMMARY: In response to a request by the petitioners, the Elkton 
Sparkler Company and the Diamond Sparkler Company, the Department of 
Commerce (the Department) has conducted an administrative review of the 
antidumping duty order on sparklers from the People's Republic of China 
(PRC). The review covers one manufacturer/exporter of this merchandise 
to the United States and the period June 1, 1992 through May 31, 1993.
    As a result of this review, we have preliminarily determined to 
assess an antidumping duty of 93.54 percent on the merchandise subject 
to the review. Interested parties are invited to comment on these 
preliminary results of the review.

EFFECTIVE DATE: October 18, 1994.

FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich or Zev Primor, 
Office of Antidumping Compliance, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
5831/4114.

SUPPLEMENTARY INFORMATION:

Background

    On June 18, 1991, the Department published in the Federal Register 
the antidumping duty order on sparklers from the PRC (56 FR 27946). On 
June 7, 1993, the Department published a notice in the Federal Register 
notifying interested parties of the opportunity to request an 
administrative review of sparklers from the PRC (58 FR 31941). On June 
28, 1993, the petitioners requested, in accordance with 19 CFR 
353.22(a), that we conduct an administrative review of exports to the 
United States by Guangxi Native Produce Import and Export Corporation, 
Beihai Fireworks and Firecrackers Branch (Guangxi), for the period June 
1, 1992, through May 31, 1993. We published a notice of initiation of 
the antidumping administrative review of Guangxi's exports on July 21, 
1993 (58 FR 39007).
    The Department is now conducting a review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Review

    The products covered by this administrative review are sparklers 
from the PRC. Sparklers are fireworks, each comprising a cut-to-length 
wire, one end of which is coated with a chemical mix that emits bright 
sparks while burning. Sparklers are currently classifiable under 
subheading 3604.10.00 of the Harmonized Tariff Schedules (HTS). The HTS 
subheadings are provided for convenience and customs purposes. The 
written description remains dispositive as to the scope of this 
proceeding.

Best Information Available

    On February 22, 1994, we sent Guangxi a questionnaire and cover 
letter, explaining the review procedures, by air mail through TNT 
Skypak International Express (TNT).
    The questionnaire, which covered exports to the United States for 
the period of review, was due by April 14, 1994.We did not receive a 
response by the due date and, thus, asked TNT to trace the shipment and 
Guangxi's receipt of the document. On May 4, 1994, TNT's delivery 
office in Hong Kong confirmed that the questionnaire was accepted by a 
representative of Guangxi on March 3, 1994. Because we have received no 
response and have not been contacted by Guangxi, we determine that 
Guangxi is an uncooperative respondent. Therefore, in accordance with 
section 776(c) of the Act, we are using the best information available 
(BIA) as the basis for calculating a dumping margin for Guangxi's 
United States entries during the period of review. In determining what 
to use as BIA, the Department follows a two-tiered methodology whereby 
the Department assigns a lower BIA margin to those respondents who 
cooperate in a review, and a margin based on more adverse assumptions 
to those respondents who do not cooperate, or who significantly impede 
the review. See Final Results of Antidumping Administrative Review: 
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts 
Thereof From the Federal Republic of Germany (56 FR 31704-05, July 11, 
1991).
    In the case of uncooperative respondents, we use as BIA the higher 
of (1) the highest of the rates found for any firm for the same class 
or kind of merchandise in the less-than-fair-value (LTFV) investigation 
or prior administrative reviews; or (2) the highest calculated rate in 
this review for any firm. There were no other firms involved in this 
review. Therefore, we have used as BIA the highest rate established in 
the remand of the LTFV final determination (58 FR 53708, July 29, 
1993), which was 93.54 percent.

Preliminary Results of the Review

    As a result of our review, we preliminarily determine the dumping 
margin to be the following:

------------------------------------------------------------------------
                                                                Margin  
          Manufacturer/exporter               Time period      (percent)
------------------------------------------------------------------------
Guangxi Native Produce Import and Export                                
 Corporation, Beihai Fireworks and                                      
 Firecrackers Branch.....................     6/1/92-5/31/93      93.54 
------------------------------------------------------------------------

    Interested parties to this proceeding may request disclosure within 
5 days of publication of this notice and may request a hearing within 
10 days of publication. Interested parties may submit case briefs and/
or written comments not later than 30 days after the date of 
publication. Rebuttal briefs and rebuttals to written comments, limited 
to issues raised in such briefs or comments, may be filed not later 
than 37 days after the date of publication. Any hearing, if requested, 
will be held 44 days after the date of publication, or the first 
workday thereafter. The Department will publish a notice of the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs or comments.
    Upon completion of this review, the Department shall determine, and 
the U.S. Customs Service shall assess, antidumping duties on all 
appropriate entries. The Department will issue appraisement 
instructions directly to the U.S. Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of final results of administrative 
review for all shipments of sparklers 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) The cash 
deposit rate for Guangxi will be the rate as stated above; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) for PRC exporters not covered 
in this review, a prior review, or the original LTFV investigation, the 
cash deposit rate will be the PRC country-wide rate of 93.54 percent, 
the rate established in the remand of the LTFV final determination for 
exporters not covered in the investigation; and (4) the cash deposit 
rate for non-PRC exporters will be the rate established for that firm 
if a separate rate has been established for that firm; if a non-PRC 
exporter does not have its own separate rate, the deposit rate for that 
firm's shipments will be the rate applicable to the PRC supplier of 
that exporter.
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 353.26 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 double antidumping duties.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: October 7, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-25786 Filed 10-17-94; 8:45 am]
BILLING CODE 3510-DS-P