[Federal Register Volume 60, Number 10 (Tuesday, January 17, 1995)]
[Notices]
[Pages 3390-3391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1078]



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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-807]


Ceiling Fans From the People's Republic of China; Termination of 
Antidumping Duty Administrative Review, Initiation and Preliminary 
Results of Changed Circumstances Antidumping Duty Administrative 
Review, and Intent To Revoke Order

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

ACTION: Notice of termination of antidumping duty administrative 
review, initiation and preliminary results of changed circumstances 
antidumping duty administrative review, and intent to revoke order.

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SUMMARY: On February 23, 1993, the Department of Commerce (the 
Department) initiated an administrative review of the antidumping duty 
order on ceiling fans from the People's Republic of China (PRC) 
covering the period June 5, 1991, through November 30, 1992. We are now 
terminating that review. Furthermore, based on the fact that this order 
is no longer of interest to domestic parties, we intend to revoke this 
order.

EFFECTIVE DATE: January 17, 1995.

FOR FURTHER INFORMATION CONTACT: Andrea Chu or Michael Rill, Office of 
Antidumping Compliance, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th and Constitution 
Avenue NW., Washington, D.C. 20230; telephone: (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    On December 9, 1991, the Department published in the Federal 
Register (56 FR 64249) an antidumping duty order on ceiling fans from 
the PRC. On December 31, 1992, Lasko Metal Products, Inc. (Lasko), the 
petitioner in this proceeding, requested that the Department conduct an 
administrative review covering the period June 5, 1991, through 
November 30, 1992 (the first review). On February 23, 1993, we 
published in the Federal Register (58 FR 11027) a notice of initiation 
of that review. On September 27, 1994, Lasko submitted a request for a 
changed circumstances administrative review and revocation of the order 
on the basis that the order no longer is of interest to the petitioner. 
On October 14, 1994, Lasko reaffirmed its September 27, 1994, request 
for the revocation of the antidumping duty order, and requested that it 
be allowed to withdraw its request for the administrative review of the 
order covering the period June 5, 1991 through November 30, 1992, and 
that the review be terminated.
    The Department's regulations at 19 CFR 353.22(a)(5) (1994) states 
that ``the Secretary may permit a party that requests a review under 
paragraph (a) of this section to withdraw the request no later than 90 
days after the date of publication of notice of initiation of the 
requested review. The Secretary may extend this time limit if the 
Secretary decides that it is reasonable to do so.'' Because no 
significant work has yet been done in this review and the petitioner is 
no longer interested in the order, we have determined that it is 
reasonable to extend the 90-day time limit and to allow Lasko to 
withdraw its request for review. See Steel Wire Rope From Japan; 
Partial Termination of Antidumping Duty Administrative Reviews, 56 FR 
41118 (August 19, 1991). Furthermore, we note that no interested party 
objected to termination of the review. Accordingly, the Department is 
terminating the first review.

Scope of Review

    Ceiling fans are electric fans that direct a downward and/or upward 
flow of air using a fan blade/motor unit. Ceiling fans incorporate a 
self-contained electric motor of an output not exceeding 125 watts. 
Ceiling fans are designed for permanent or semi- 
[[Page 3391]] permanent installation. Industrial ceiling fans are 
defined as ceiling fans that meet six or more of the following criteria 
in any combination: a maximum speed of greater than 280 revolutions per 
minute (RPMs); a minimum air delivery capacity of 8000 cubic feet per 
minute (CFM); no reversible motor switch; controlled by wall-mounted 
electronic switch; no built-in motor controls; no decorative features; 
not light adaptable; fan blades greater than 52 inches in diameter; 
metal fan blades; downrod mounting only--no hugger mounting capability; 
three fan blades; fan blades mounted on top of motor housing; single-
speed motor.
    The Harmonized Tariff Schedule (HTS) subheading under which ceiling 
fans are classifiable is 8414.51.0030. Although the HTS subheadings are 
provided for convenience and customs purposes, our written description 
of the scope of these proceedings is dispositive.
    This changed circumstance administrative review covers all 
manufacturers/exporters of ceiling fans from the PRC.

Initiation and Preliminary Results of Changed Circumstances Antidumping 
Duty Administrative Review, and Intent To Revoke Order

    Pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act), the Department may revoke an antidumping duty order if the 
Department determines, based on a review under section 751(b)(1) of the 
Act, that changed circumstances exist sufficient to warrant revocation. 
Section 751(b)(1) of the Act requires a changed circumstances 
administrative review to be conducted upon receipt of a request 
containing sufficient information concerning changed circumstances.
    The Department's regulations at 19 CFR 353.25(d)(2) permits the 
Department to conduct an administrative review under section 353.22(f) 
based upon an affirmative statement of no interest from the petitioner 
in the proceeding. Section 353.25(d)(1)(i) further provides that, if 
the Department determines that the order under review is no longer of 
interest to domestic interested parties, the Department may revoke the 
antidumping duty order. In addition, in the event the Department 
concludes that expedited action is warranted, section 353.22(f)(4) of 
the regulations permits the Department to combine the notices of 
initiation and preliminary results.
    Therefore, in accordance with sections 751 (b)(1) and (c) of the 
Act and 19 CFR 353.25(d) and 353.22(f), based on an affirmative 
statement of no interest in the proceeding by Lasko, the Department is 
initiating this changed circumstances administrative review. Further, 
based on the representation made by Lasko that other U.S. producers and 
potential producers of this merchandise have no interest in the order, 
we have determined that expedited action is warranted, and we have 
preliminarily determined that the order no longer is of interest to 
domestic interested parties. Because the Department concludes that 
expedited action is warranted, the Department is combining these 
notices of initiation and preliminary results. The Department 
determines that there is a reasonable basis to believe that the 
requirement for revocation based on the changed circumstance that the 
order no longer is of interest to domestic interested parties has been 
met. Therefore, we are hereby notifying the public of our intent to 
revoke the antidumping duty order on ceiling fans from the PRC.
    In the event that this revocation is made final, the effective date 
of revocation will be June 5, 1991, which is the first day that 
liquidation of entries was suspended. No administrative review has been 
completed nor have automatic assessment instructions been issued for 
any companies.
    If final revocation occurs, we intend to instruct the U.S. Customs 
Service to liquidate without regard to antidumping duties and to refund 
any estimated antidumping duties collected for all unliquidated entries 
of subject merchandise made on or after the above effective date of 
revocation, in accordance with 19 CFR 353.25(d)(5). We will also 
instruct Customs to refund with interest estimated antidumping duties 
collected for entries made on or after December 9, 1991, in accordance 
with section 778 of the Act. The current requirement for a cash deposit 
of estimated antidumping duties will continue until publication of the 
final results of this changed circumstances review.

Public Comment

    Any interested party may request a hearing within 10 days of the 
date of publication of this notice. Any hearing, if requested, will be 
held no later than 28 days after the date of publication of this 
notice, or the first workday thereafter. Case briefs and/or written 
comments from interested parties may be submitted not later than 14 
days after the date of publication of this notice. Rebuttal briefs and 
rebuttals to written comments, limited to the issues raised in those 
comments, may be filed not later than 21 days after the date of 
publication of this notice. All written comments shall be submitted in 
accordance with 19 CFR 353.31(e) and shall be served on all interested 
parties on the Department's service list in accordance with 19 CFR 
353.31(g). Persons interested in attending the hearing should contact 
the Department for the date and time of the hearing. The Department 
will publish the final results of this changed circumstances review 
including the results of its analysis of issues raised in any written 
comments.
    This notice is in accordance with sections 751 (b)(1) and (c) of 
the Act and sections 353.22(a)(5), 353.22(f) and 353.25(d) of the 
Department's regulations.

    Dated: January 6, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-1078 Filed 1-13-95; 8:45 am]
BILLING CODE 3510-DS-P