[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Notices]
[Pages 39630-39631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19346]


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DEPARTMENT OF COMMERCE
[A-570-804]


Sparklers From the People's Republic of China; Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On April 8, 1996, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on on sparklers from the People's Republic of 
China (PRC). This review covered one manufacturer, Guangxi Native 
Produce Import and Export Corporation, Beihai Fireworks and 
Firecrackers Branch (Guangxi), of the subject merchandise, and the 
review period June 1, 1994, through May 31, 1995.
    We gave interested parties an opportunity to comment on our 
preliminary results. We received no comments. The final results are 
unchanged from those presented in the preliminary results.

EFFECTIVE DATE: July 30, 1996.

FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich or Zev Primor,

[[Page 39631]]

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:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Departments regulations are to the 
current regulations, as amended by the interim regulations published in 
the Federal Register on May 11, 1995 (60 FR 25130).

Background

    The Department initiated the June 1, 1994 through May 31, 1995 
administrative review for Guangxi on August 16, 1995 (60 FR 42501), at 
the request of the petitioners, the Elkton and Diamond Sparkler 
Companies. On April 8, 1996, the Department issued the preliminary 
results for this administrative review (61 FR 15464).

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.
    The review covers Guangxi and the period June 1, 1994, through May 
31, 1995.

Final Results of Review

    The Department gave interested parties an opportunity to comment on 
its preliminary results. The Department did not receive any comments. 
Accordingly, for reasons discussed in the preliminary results, the 
Department has, pursuant to section 776(a) of the Act, used facts 
available and, pursuant to section 776(b) of the Act, used adverse 
inferences. As discussed in the preliminary results of this review, the 
Department used as adverse facts available the 93.54 percent margin 
calculated in the remand of the less-than-fair-value (LTFV) final 
determination (see Sparklers from the People's Republic of China: 
Adverse Decision and Amendment to Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order in Accordance with Decision 
Upon Remand, 58 FR 40624 (July 29, 1993)).
    The Department will determine, and the U.S. Customs Service will 
assess, antidumping duties on all appropriate entries. Furthermore, the 
following deposit requirements will be effective for all shipments of 
the subject merchandise from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Guangxi will be 
the PRC country-wide rate of 93.54 percent; (2) for previously reviewed 
or investigated companies that received separate rates not listed 
above, the cash deposit rate will continue to be the company-specific 
rate published for the most recent applicable period; (3) the cash 
deposit rate for any non-PRC exporter will be the rate applicable to 
the PRC supplier of that exporter; and (4) the cash deposit rate for 
all other PRC manufacturers or exporters will be 93.54 percent, the PRC 
country-wide rate established in the LTFV investigation.
    These deposit requirements will remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final 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 notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d). Timely written notification or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of the APO is a sanctionable 
violation.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 
353.22.

    Dated: July 22, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-19346 Filed 7-29-96; 8:45 am]
BILLING CODE 3510-DS-P