[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Notices]
[Pages 41434-41435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16953]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-826]


Paper Clips From the People's Republic of China; Final Results of 
Expedited Sunset Review of Antidumping Duty Order

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

ACTION: Notice of final results of expedited sunset review: paper clips 
from the People's Republic of China

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[[Page 41435]]

SUMMARY: On December 1, 1999, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset review of 
the antidumping duty order on paper clips from the People's Republic of 
China (``PRC'') (64 FR 67247), pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (``the Act''). On the basis of a notice of 
intent to participate and adequate substantive response filed on behalf 
of domestic interested parties and inadequate response (in this case, 
no response) from respondent interested parties, we determined to 
conduct an expedited sunset review. Based on our analysis of the 
comments received, we find that revocation of the antidumping duty 
order would be likely to lead to continuation or recurrence of dumping 
at the levels listed below in the section entitled Final Results of the 
Review.

EFFECTIVE DATE: July 5, 2000.

FOR FURTHER INFORMATION CONTACT: Eun W. Cho or James Maeder, Office of 
Policy for Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1698 or (202) 482-3330, 
respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Act are references 
to the provisions effective January 1, 1995, the effective date of the 
amendments made to the Act by the Uruguay Round Agreements Act 
(``URAA''). In addition, unless otherwise indicated, all citations to 
the Department's regulations are to 19 CFR Part 351 (1999). Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of sunset reviews is set forth in the Department 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 December 1, 1999, the Department published the notice of 
initiation of sunset review of the antidumping duty order on paper 
clips from the PRC (64 FR 67247). We invited parties to comment. On the 
basis of a notice of intent to participate and adequate substantive 
response filed on behalf of domestic interested parties and inadequate 
response (in this case, no response) from respondent interested 
parties, the Department determined to conduct an expedited sunset 
review. The Department is conducting this sunset review in accordance 
with sections 751 and 752 of the Act.
    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). This review concerns a transition order within the meaning of 
section 751(c)(6)(C)(ii) of the Act. Therefore, on April 6, 2000, the 
Department determined that the sunset review of the antidumping duty 
order on paper clips from the PRC is extraordinarily complicated and 
extended the time limit for completion of the final results of this 
review until not later than June 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, 65 FR 18058 (April 6, 2000).
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Scope of Review

    The products covered by this order are certain paper clips, wholly 
of wire of base metal, whether or not galvanized, whether or not plated 
with nickel or other base metal (e.g., copper), with a wire diameter 
between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), 
regardless of physical configuration, except as specifically excluded. 
The products subject to this order may have rectangular or ring-like 
shape and include, but are not limited to, clips commercially referred 
to as No. 1 clips, No. 3 clips, Jumbo or Giant clips, Gem clips, 
Frictioned clips, Perfect Gems, Marcel Gems, Universal clips, Nifty 
clips, Peerless clips, Ring clips, and Glide-On clips.
    Specifically excluded from the scope of this order are plastic and 
vinyl covered paper clips, butterfly clips, binder clips, or other 
paper fasteners that are not made wholly of wire of base metal and are 
covered under a separate subheading of the Harmonized Tariff Schedule 
of the United States (``HTSUS'').
    The products subject to this order are currently classifiable under 
subheading 8305.90.3010 of the HTSUS. Although the HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of this proceeding is dispositive.

Analysis of Comments Received

    All issues raised in substantive responses by parties to this 
sunset review are addressed in the Issues and Decision Memorandum 
(``Decision Memo'') from Jeffrey A. May, Director, Office of Policy, 
Import Administration, to Troy H. Cribb, Acting Assistant Secretary for 
Import Administration, dated June 28, 2000, which is hereby adopted by 
this notice. The issues discussed in the Decision Memo include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail were the order revoked. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in B-099, the Central Records Unit, of the main Commerce building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at ia.doc.gov/frn. The paper copy and 
electronic version of the Decision Memo are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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Lansheng...................................................        57.64
Zhejiang Light.............................................        46.01
Zhejiang Machinery.........................................        60.70
PRC-wide...................................................       126.94
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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 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials 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) of the Act.

    Dated: June 28, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-16953 Filed 7-3-00; 8:45 am]
BILLING CODE 3510-DS-P