[Federal Register Volume 65, Number 147 (Monday, July 31, 2000)]
[Notices]
[Pages 46691-46693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19284]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-847]


Persulfates From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review and Partial Rescission of 
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 10, 2000, the Department of Commerce published the 
preliminary results of its second administrative review of the 
antidumping duty order on persulfates from the People's Republic of 
China. The merchandise covered by this order are persulfates, including 
ammonium, potassium, and sodium persulfates. The period of review is 
July 1, 1998, through June 30, 1999.
    We have determined that sales of subject merchandise by Shanghai Ai 
Jian Import & Export Corporation have been made below normal value 
during the period of review. This review has now been rescinded with 
respect to Sinochem Jiangsu Wuxi Import & Export Trade Corporation.

EFFECTIVE DATE: July 31, 2000.

FOR FURTHER INFORMATION CONTACT: James Nunno or Shawn Thompson, AD/CVD 
Enforcement Group I, Office II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0783 or (202) 482-1776, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    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 Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (1998).

[[Page 46692]]

Background

    On August 6, 1999, the Department published the preliminary results 
of administrative review of the antidumping duty order on persulfates 
from the People's Republic of China (PRC). See Persulfates from the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, and Partial Rescission of Administrative Review, 
65 FR 18963 (April 10, 2000) (Preliminary Results). We gave interested 
parties an opportunity to comment on our preliminary results but 
received no comments. We are rescinding this review with respect to 
Sinochem Jiangsu Wuxi Import & Export Trade Corporation (Wuxi) because 
Wuxi reported no shipments and entry data provided by the Customs 
Service confirms that there were no period of review (POR) entries of 
persulfates sold by Wuxi. The Department has conducted this 
administrative review in accordance with section 751 of the Act.

Scope of Review

    The products covered by this review are persulfates, including 
ammonium, potassium, and sodium persulfates. The chemical formula for 
these persulfates are, respectively, 
(NH4)2S2O8, 
K2S2O8, and 
Na2S2O8. Ammonium and potassium 
persulfates are currently classified under subheading 2833.40.60 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Sodium 
persulfate is classified under HTSUS subheading 2833.40.20. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this review is 
dispositive.

Separate Rates

    Shanghai Ai Jian Import & Export Corporation (Ai Jian) has 
requested a separate, company-specific antidumping duty rate. In our 
Preliminary Results, we found that Ai Jian had met the criteria for the 
application of a separate antidumping duty rate. See 65 FR at 18964. We 
have not received any other information since the preliminary results 
which would warrant reconsideration of our separate rates determination 
with respect to this company. We therefore determine that Ai Jian in 
this administrative review should be assigned an individual dumping 
margin.
    With respect to Guangdong Petroleum Chemical Import & Export Trade 
Corporation (Guangdong Petroleum), which did not respond to the 
Department's questionnaire, we determine that this company does not 
merit a separate rate. The Department assigns a single rate to 
companies in a non-market economy, unless an exporter demonstrates an 
absence of government control. We determine that Guangdong Petroleum is 
subject to the country-wide rate for this case because it failed to 
demonstrate an absence of government control.

Use of Facts Available

    As explained in the preliminary results, the use of facts available 
is warranted in this case because Guangdong Petroleum, which is part of 
the PRC entity (see ``Separate Rates'' section above), has failed to 
respond to the original questionnaire and has refused to participate in 
this administrative review. Therefore, in accordance with sections 
776(a)(2)(A) and (C) of the Act, we find that the use of total facts 
available is appropriate for the PRC-wide rate. Furthermore, in the 
preliminary results we determined that Guangdong Petroleum did not 
cooperate to the best of its ability with our requests for necessary 
information. Therefore, in accordance with section 776(b) of the Act, 
we applied adverse inferences when selecting among the facts available. 
As adverse facts available in this proceeding, in accordance with the 
Department's practice, we preliminarily assigned Guangdong Petroleum 
and all other exporters subject to the PRC-wide rate the petition rate 
of 119.02 percent, which is the PRC-wide rate established in the less 
than fair value (LTFV) investigation, and the highest dumping margin 
determined in any segment of this proceeding. As explained in the 
preliminary results, we determined that this margin was corroborated in 
accordance with section 776(c) of the Act in the LTFV investigation. 
See Preliminary Results, 65 FR at 18964-5. We have determined that no 
evidence on the record warrants revisiting this issue in these final 
results, and no interested party submitted comments on our use of 
adverse facts available. Accordingly, we continue to use the petition 
rate from the LTFV investigation of 119.02 percent.

Changes Since the Preliminary Results

    Based on determinations in recent PRC cases, we have made certain 
changes in the margin calculation for Ai Jian. These changes are as 
follows:
    Labor: We valued labor based on the regression-based wage rate for 
1998 in accordance with 19 CFR 351.408(c)(3). For purposes of the 
preliminary results we used the 1997 data because more recent data was 
not yet available.
    Electricity: We derived a surrogate value for electricity based on 
electricity price data published by the Center for Monitoring Indian 
Economy and the Conference of Indian Industries, on an electricity-
specific price index published by the Reserve Bank of India. These data 
were recently used in the antidumping duty administrative review of 
manganese metal from the PRC. See Notice of Final Results of 
Antidumping Duty Administrative Review of Manganese Metal from the 
People's Republic of China, 65 FR 30067, 30067-8 (May 10, 2000); Final 
Results Factors Valuation Memorandum from the Team to the File, July 
25, 2000.

Final Results of the Review

    We determine that the following percentage weighted-average margins 
exist for the period July 1, 1998 through June 30, 1999:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Shanghai Ai Jian Import & Export Corporation...............         2.62
PRC-wide Rate..............................................       119.02
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates. With respect to export price sales, we aggregated the 
dumping margins for the reviewed sales and divided this amount by the 
total quantity of those sales for each importer. We will direct Customs 
to assess the resulting unit margins against the entered Customs 
quantities for the subject merchandise on each of that importer's 
entries under the relevant order during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of this antidumping duty 
administrative review for all shipments of persulfates from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(1) of the Act: (1) 
The cash deposit rate for Ai Jian will be the rate shown above; (2) for 
previously reviewed or investigated companies not listed above that 
have separate rates, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) the 
cash deposit rate for all other PRC exporters, including Guangdong 
Petroleum, will be 119.02 percent, the PRC-wide rate established in the 
LTFV investigation; and (4) the cash deposit rate for non-

[[Page 46693]]

PRC exporters of subject merchandise from the PRC will be the rate 
applicable to the PRC supplier of that exporter.
    These deposit requirements 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 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(a)(1) and 771(i) of the Act.

    Dated: July 25, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Adminstration.
[FR Doc. 00-19284 Filed 7-28-00; 8:45 am]
BILLING CODE 3510-DS-P