[Federal Register Volume 65, Number 135 (Thursday, July 13, 2000)]
[Notices]
[Pages 43293-43294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17762]


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DEPARTMENT OF COMMERCE

International Trade Administration

[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: Final Results of Antidumping Duty Administrative Review.

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SUMMARY: On April 6, 2000, the Department of Commerce (the 
``Department'') published the preliminary results of its administrative 
review of the antidumping duty order on Sparklers from the People's 
Republic of China. See Sparklers from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 65 FR 
18059 (April 6, 2000) (``Preliminary Results''). The review covers 
three manufacturers/exporters of this merchandise to the United States, 
Guangxi Native Produce Import & Export Corporation, Beihai Fireworks 
and Firecrackers Branch (``Guangxi''); Hunan Provincial Firecrackers & 
Fireworks Import & Export (Holding) Corporation, Liling City Fireworks 
Bomb Fty. (``Hunan''); and Jiangxi Native Produce Import & Export 
Corporation, Guangzhou Fireworks Company (``Jiangxi'') (collectively 
``the respondents''). The period of review is June 1, 1998, through May 
31, 1999. We gave interested parties an opportunity to comment on the 
Preliminary Results of review but received no comments. Therefore, 
these final results do not differ from the Preliminary Results of 
review, in which we found that the use of facts available is 
appropriate.

EFFECTIVE DATE: July 13, 2000.

FOR FURTHER INFORMATION CONTACT: Paige Rivas or Nithya Nagarajan, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th and Constitution Avenue, NW, Washington, 
DC 20230; telephone: (202) 482-0651 or (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION:   

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Rounds Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations

[[Page 43294]]

to the Department's regulations are to 19 CFR part 351 (1999).

Background

    On April 6, 2000, the Department published in the Federal Register 
(65 FR 18059) the Preliminary Results of the administrative review of 
the antidumping duty order on Sparklers from the People's Republic of 
China for the 98-99 review period. We invited parties to comment on our 
Preliminary Results of review. On April 21, 2000, petitioner submitted 
comments that were returned by the Department because they contained 
untimely new factual information. In a letter dated May 2, 2000, the 
Department requested that petitioner resubmit a revised version of the 
comments that reflected only information already on the record by May 
8, 2000. Petitioner did not resubmit its comments.
    In the Preliminary Results, we determined that it was appropriate 
to use, as adverse facts available for the PRC-wide rate, the highest 
rate from this or any previous segment of the proceeding. We selected 
the PRC-wide rate of 93.54 percent from 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 on Remand, 58 FR 40624 (July 29, 
1993). We have now completed the administrative review in accordance 
with section 751 of the Act and have continued to use the rate of 93.54 
percent as adverse facts available.

Scope of the Review

    The products covered by this administrative review are sparklers 
from the People's Republic of China. 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 Harmonized Tariff 
Schedules (``HTS''). The HTS subheading is provided for convenience and 
Customs purposes. The written description remains dispositive as to the 
scope of this proceeding.

Analysis of Comments Received

    Other than the petitioner's comments that were rejected for 
containing untimely new factual information, we did not receive any 
interested party comments on our Preliminary Results. Therefore, there 
is no Issues and Decision Memorandum for the final results of review.

Use of Facts Otherwise Available

    As determined in the Preliminary Results, the Department continues 
to use adverse facts available for the final results of review. Because 
we have received no responses and have not been contacted by the 
respondents, we determine that the use of facts available is 
appropriate. See Preliminary Results.

Final Results of Review

    Because we received no comments from interested parties on our 
Preliminary Results, we have determined that no changes to our analysis 
are warranted for purposes of these final results. As a result of our 
review, we determine that the following margin exists for the period 
June 1, 1998, through May 31, 1999:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              percentage
------------------------------------------------------------------------
PRC-wide...................................................        93.54
------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Act: (1) For previously 
reviewed or investigated companies that have a separate rate and for 
which no review was requested, the cash deposit rate will continue to 
be the company-specific rate published for the most recent period; (2) 
for all other PRC exporters, the cash deposit rate will be the rate 
indicated above; and (3) the cash deposit rate for non-PRC exporters 
will be the rate applicable to the PRC supplier of the exporter. These 
deposit requirements, when imposed, shall 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 351.402(f) 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 doubled 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 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 28, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-17762 Filed 7-12-00; 8:45 am]
BILLING CODE 3510-DS-P