[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Notices]
[Pages 5899-5900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2353]
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DEPARTMENT OF COMMERCE
(A-570-834)
Notice of Postponement of Final Antidumping Duty Determination:
Disposable Pocket Lighters From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 31, 1995.
FOR FURTHER INFORMATION CONTACT: Julie Anne Osgood or Todd Hansen,
Office of Countervailing Investigations, Import
[[Page 5900]] Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, D.C. 20230; telephone (202) 482-0167 or 482-1276,
respectively.
Case History
Since our preliminary determination in this investigation on
December 5, 1994 (59 FR 64191, December 13, 1994), the following events
have occurred.
On December 9 and 19, 1994, counsel for Cli-Claque Company, Ltd.
(``Cli-Claque'') and counsel for Gao Yao (HK) Hua Fa Industrial Co.,
Ltd. (``Gao Yao''), China National Overseas Trading Corporation
(``COTCO'') and Guangdong Light Industrial Products Import & Export
Corporation (``GLIP''), respectively, requested a postponement of 60
days of the final determination in this investigation due to the
complex nature of this investigation, the need for additional time to
gather records and information for verification, and the scheduling
conflicts resulting from respondents' observance of Chinese New Year.
On December 16, 1994, PolyCity Industrial, Ltd. (``PolyCity'')
filed its objection to a full extension of the final determination,
stating it believes that its margin will decrease dramatically in the
Department's final determination and that a postponement disadvantages
it by delaying proceedings. PolyCity had previously requested an
extension until March 8, 1995.
Postponement of Final Antidumping Determination
Under Section 735(a)(2) of the Tariff Act of 1930, as amended,
(``the Act'') (19 U.S.C. 1673(a)(2)), and section 353.20(b) of the
Department's regulations (19 CFR 353.20(b)), if, subsequent to an
affirmative preliminary determination, the Department receives a
request for postponement of the final determination from the producers
or resellers of a significant proportion of subject merchandise, the
Department will postpone the final determination absent compelling
reasons for denial.
Cli-Claque, COTCO, Gao Yao and GLIP collectively account for a
significant portion of sales to the United States of merchandise under
investigation and have preliminarily been found to constitute
independent companies entitled to rates separate from the country-wide
rate for PRC manufacturers, producers and/or exporters of the subject
merchandise. Although PolyCity, which also has preliminarily been found
to be an independent company entitled to a separate rate, has objected
to a full postponement, given the complicated nature of this
investigation, and to ensure a complete and thorough verification of
all responses, we are postponing our final determination until no later
than April 27, 1995.
Scope of the Investigation
The products covered by this investigation are disposable pocket
lighters, whether or not refillable, whose fuel is butane, isobutane,
propane, or other liquefied hydrocarbon, or a mixture containing any of
these, whose vapor pressure at 75 degrees Fahrenheit (24 degrees
Celsius) exceeds a gauge pressure of 15 pounds per square inch. Non-
refillable pocket lighters are imported under subheading 9613.10.0000
of the Harmonized Tariff Schedule of the United States (``HTSUS'').
Refillable, disposable pocket lighters would be imported under
subheading 9613.20.0000. Although the HTSUS subheadings are provided
for convenience and Customs purposes, our written description of the
scope of this proceeding is dispositive.
Suspension of Liquidation
On January 4, 1995, we published in the Federal Register (60 FR
436) our preliminary affirmative determination of critical
circumstances with regard to imports of subject merchandise from Cli-
Claque and COTCO, and with respect to manufacturers, producers and/or
exporters that have not established their independence from central
government control and to which the PRC country-wide rate will apply.
Therefore, we have directed the U.S. Customs Service to suspend
liquidation of any unliquidated entries of disposable pocket lighters
exported from the PRC by the above-mentioned companies (i.e., any
exporter of subject merchandise other than Gao Yao, GLIP and PolyCity)
that are entered or withdrawn from warehouse for consumption on or
after September 14, 1994, which is 90 days prior to the date of
publication of our preliminary determination in this proceeding. The
Customs Service shall require a cash deposit or posting of a bond equal
to the estimated dumping margins, as published in our preliminary
determination for this investigation. This suspension of liquidation
will remain in effect until further notice.
Public Comment
In accordance with 19 CFR 353.38, case briefs or other written
comments in at least six copies must be submitted to the Assistant
Secretary no later than March 27, 1995, and rebuttal briefs no later
than April 3, 1995. A hearing will be held on April 10, 1995, at 9:00
am at the U.S. Department of Commerce in Room 1412. Parties should
confirm by telephone the time, date, and place of the hearing 48 hours
prior to the scheduled time. In accordance with 19 CFR 353.38(b), oral
presentations will be limited to issues raised in the briefs.
We will make our final determination not later than April 27, 1995,
135 days after the date of publication of our preliminary affirmative
determination of sales at less than fair value.
This notice is published pursuant to section 735(a) of the Act and
19 CFR 353.20(b)(2).
Dated: January 20, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-2353 Filed 1-30-95; 8:45 am]
BILLING CODE 3510-DS-P