[Federal Register Volume 65, Number 44 (Monday, March 6, 2000)]
[Notices]
[Pages 11762-11763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5368]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-808; A-583-810]


Chrome-Plated Lug Nuts From the People's Republic of China and 
Taiwan; Final Results of Antidumping Duty Sunset Reviews:

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

ACTION: Notice of final results of antidumping duty sunset reviews: 
chrome-plated lug nuts from the People's Republic of China and Taiwan.

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SUMMARY: On August 2, 1999, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset reviews of 
the antidumping duty orders on chrome-plated lug nuts (``lug nuts'') 
from the People's Republic of China (``China'') and Taiwan. The 
merchandise covered by these orders are one-piece and two-piece chrome-
plated and nickel-plated lug nuts. On the basis of notices of intent to 
participate and adequate substantive comments filed on behalf of a 
domestic interested party and inadequate response (in these cases, no 
response) from respondent interested parties, we determined to conduct 
expedited reviews. Based on our analysis of the comments received, we 
find that revocation of the antidumping duty orders would be likely to 
lead to continuation or recurrence of dumping at the levels listed 
below in the section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: March 6, 2000.

FOR FURTHER INFORMATION CONTACT: Mark D. Young, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 
Washington, D.C. 20230; telephone: (202) 482-6397.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review is being conducted pursuant to sections 751(c) and 752 
of the Tariff Act of 1930, as amended (``the Act''). The Department's 
procedures for the conduct of sunset reviews are set forth in 
Procedures for Conducting Five-year (``Sunset'') Reviews of Antidumping 
and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) (``Sunset 
Regulations'') and 19 CFR Part 351 (1999) in general. Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of sunset reviews is set forth in the Department's Policy 
Bulletin 98:3-- Policies Regarding the Conduct of Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders; 
Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

Background

    On August 2, 1999, the Department published the notice of 
initiation of sunset reviews of the antidumping duty orders on lug nuts 
from China and Taiwan (64 FR 41915). The Department received Notices of 
Intent to Participate on behalf of Consolidated International 
Automotive, Inc. (``Consolidated'') on August 17, 1999, within the 
deadline specified in section 351.218(d)(1)(i) of the Sunset 
Regulations. Consolidated claimed interested party status under section 
771(9)(C) of the Act, as U.S. manufacturers of lug nuts. We received a 
complete substantive response, in both the Chinese and Taiwanese 
reviews, from Consolidated on September 1, 1999, within the 30-day 
deadline specified in the Sunset Regulations under section 
351.218(d)(3)(i). In its substantive responses, Consolidated stated 
that it was the petitioner in the original investigations of lug nuts 
from China and Taiwan. Furthermore, Consolidated stated that it had 
participated in all phases of the investigation and administrative 
reviews and in the scope proceedings of lug nuts from China and Taiwan. 
We did not receive a substantive response from any respondent 
interested party to these proceedings. As a result, pursuant to 19 CFR 
351.218(e)(1)(ii)(C), the Department determined to conduct expedited, 
120-day, reviews of these orders.
    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a 
review of a transition order (i.e., an order in effect on January 1, 
1995). The reviews at issue concern transition orders within the 
meaning of section 751(c)(6)(C)(ii) of the Act. Therefore, the 
Department determined that the sunset reviews of the antidumping duty 
orders on lug nuts from China and Taiwan are extraordinarily 
complicated and extended the time limit for completion of the final 
results of these reviews until not later than February 28, 2000, in 
accordance with section 751(c)(5)(B) of the Act.\1\
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    \1\ See Extension of Time Limit for Final Results of Five-Year 
Reviews, 64 FR 62167 (November 16, 1999).
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Scope of Review

    The products covered by these reviews are one-piece and two-piece 
chrome-plated and nickel-plated lug nuts from China and Taiwan. The 
subject merchandise includes chrome-plated and nickel-plated lug nuts, 
finished or unfinished, which are more than 11/16 inches (17.45 
millimeters) in height and which have a hexagonal size of at least 3/4 
inches (19.05 millimeters) but not over one inch (25.4 millimeters), 
plus or minus 1/16 of an inch (1.59 millimeters). The term 
``unfinished'' refers to unplated and/or unassembled chrome-plated lug 
nuts. The subject merchandise is used for securing wheels to cars, 
vans, trucks, utility vehicles, and trailers. Excluded from the orders 
are zinc-plated lug nuts, finished or unfinished, stainless steel 
capped lug nuts, and chrome-plated lock nuts. The merchandise under 
review is currently classifiable under item 7318.16.00 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). Although 
the HTSUS subheading is provided for convenience and customs purposes, 
the

[[Page 11763]]

written description of the subject merchandise remains dispositive.
    The Department has made several scope rulings on the subject 
merchandise from China and Taiwan. The following products were 
determined to be within the scope of the order:

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     Product within scope            Importer             Citation
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Certain hex size nuts.........  Consolidated       59 FR 54888.
                                 International.
Certain nickel-plated lug nuts  Consolidated       62 FR 9176.
                                 International
                                 Automotive, Inc.
Imported zinc-plated lug nuts   Wheel Plus, Inc..  63 FR 59544.
 which are chrome-plated in
 the United States.
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    These reviews cover all imports from all manufacturers and 
exporters of lug nuts from China and Taiwan.

Analysis of Comments Received

    All issues raised in these cases by parties to these sunset reviews 
are addressed in the ``Issues and Decision Memorandum'' (``Decision 
Memo'') from Jeffrey A. May, Director, Office of Policy, Import 
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for 
Import Administration, dated February 28, 2000 which is hereby adopted 
and incorporated by reference into this notice. The issues discussed in 
the attached Decision Memo include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margin likely to prevail 
were the orders revoked. Parties can find a complete discussion of all 
issues raised in these reviews and the corresponding recommendations in 
this public memorandum which is on file in B-099.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import__admin/records/
frn/, under the heading ``China PRC'' and ``Taiwan.'' The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on lug 
nuts from China and Taiwan would be likely to lead to continuation or 
recurrence of dumping at the following percentage weighted-average 
margins:

------------------------------------------------------------------------
                                                                 Margin
                                                               (percent)
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Chinese Manufacturers/Exporters:
  China National Machinery and Equipment Import and Export         42.42
   Corporation, Jiangsu Company Ltd..........................
  All Others.................................................      42.42
Taiwanese Manufacturers/Exporters:
  Gourmet Equipment (Taiwan) Corp............................       6.47
  San Shing Hardware Works Co., Ltd..........................      10.67
  All Others.................................................       6.93
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(c), 752, and 777(i)(1) of the Act.

    Dated: February 28, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-5368 Filed 3-3-00; 8:45 am]
BILLING CODE 3510-DS-P