[Federal Register Volume 66, Number 147 (Tuesday, July 31, 2001)]
[Notices]
[Pages 39487-39489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19048]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Final Determination of Sales at Less Than Fair Value: Foundry 
Coke Products From The People's Republic of China

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

ACTION: Notice of final determination of sales at less than fair value.

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EFFECTIVE DATE: July 31, 2001.

FOR FURTHER INFORMATION CONTACT: Doreen Chen, Alex Villanueva, Marlene 
Hewitt, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0193, 482-6412, 482-1385, 
respectively.

The Applicable Statute

    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 regulations at 19 CFR part 351 (April 2000).

Final Determination

    We determine that foundry coke products (``foundry coke'') from the 
People's Republic of China (``PRC'') are being, or are likely to be, 
sold in the United States at less than fair value (``LTFV''), as 
provided in section 735 of the Act. The estimated margin of sales is 
shown in the ``Final Margin'' section of this notice.

Case History

    We published in the Federal Register the preliminary determination 
in this investigation on March 8, 2001. See

[[Page 39488]]

Notice of Preliminary Determination of Sales at Less Than Fair Value: 
Foundry Coke from the People's Republic of China, 66 FR 13885 (March 8, 
2001) (``Preliminary Determination''). Since the publication of the 
Preliminary Determination, the following events have occurred.
    On March 5, 2001, CITIC Trading Company (``CITIC'') requested that 
the Department correct a ministerial error found in CITIC's margin 
calculation. On March 13, 2001, the Department determined that the 
alleged ministerial error by CITIC was less than the five absolute 
percentage points minimum required by our regulations for a ministerial 
error to be significant. Accordingly, the error alleged by respondent 
is not a significant ministerial error within the meaning of 19 CFR 
351.224(g)(1) and we did not make the suggested correction. However, as 
discussed in Issues and Decision Memorandum for the Less Than Fair 
Value Investigation of Foundry Coke from the People's Republic of 
China: January 1, 2000 through June 30, 2000 from Joseph A. Spetrini, 
Deputy Assistant Secretary, Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated July 23, 
2001(``Decision Memorandum'') we have made the adjustment for these 
final results.
    On March 5, 2001, Shanxi Dajin International (Group) Co. Ltd. 
(``Dajin''), Sinochem International Company Ltd. (``Sinochem''), CITIC, 
and Minmetals Townlord Techonology, Ltd. (``Minmetals'') (collectively, 
``respondents'') submitted a request to the Department to verify the 
factors of production for the related coal mines that responded to 
Section D of the Department's questionnaire.
    On March 9, 2000, respondents submitted a request for a public 
hearing in accordance with 19 CFR 351.310(c). On March 5, 2001, ABC 
Coke, Erie Coke, Citizen's Coke and Gas Utility, and Tonawanda Coke 
Corporation, and the United Steelworkers of America, AFL-CIO 
(collectively, ``petitioners'') submitted a request for a public 
hearing.
    On March 19-20, 2001, the Department conducted a U.S. sales data 
and completeness verification of CITIC and Sinochem. On March 21-22, 
2001, the Department conducted a U.S. sales data and completeness 
verification of Minmetals. On March 22-23, 2001, the Department 
conducted a U.S. sales data and completeness verification of Grand 
Coalchem.
    On March 26-27, 2001, the Department conducted a factors of 
production verification of Taiyuan Gengyang Coking Co., Ltd., a 
supplier of foundry coke to Minmetals. On March 28-29, 2001, the 
Department conducted a factors of production verification of Beizhang 
Xianghe Coking Co., Ltd., a supplier of foundry coke to CITIC and Grand 
Coalchem. On March 30-31, 2001, the Department conducted a factors of 
production verification of Shanxi Qing-Xu Yaxin Coking Company, Ltd., a 
supplier of foundry coke to Grand Coalchem and Sinochem. On April 1, 
2001, the Department conducted a factors of production verification of 
Miaowan Coal Mine, a coking coal supplier to Bezihang Coking Factory 
Co., Ltd., a foundry coke supplier to CITIC and Grand Coalchem.
    On June 12, 2001, petitioners submitted their case brief with 
respect to the sales and factors of production verification and the 
Department's Preliminary Determination. On June 12, 2001, respondents 
submitted their case brief with respect to the sales and factors of 
production verification and the Department's preliminary determination. 
On June 12, 2001, U-Met of PA Inc. (``U-Met''), an importer of the 
subject merchandise, submitted a case brief on the Department's 
preliminary determination. On June 15, 2001, petitioners and 
respondents submitted rebuttal briefs with respect to the sales and 
factors of production verification and the Department's Preliminary 
Determination.
    On June 22, 2001, the Department held a public hearing in 
accordance with 19 CFR 351.310(d)(1). Representatives for respondents, 
petitioners, and U-Met were present. All parties present were allowed 
an opportunity to make affirmative presentations only on arguments 
included in that party's case briefs and were also allowed to make 
rebuttal presentations only on arguments included in that party's 
rebuttal brief.

Period of Investigation

    The period of investigation is January 1, 2000, through June 30, 
2000.

Non-Market Economy

    The Department has treated the PRC as a non market economy (NME) 
country in all its past antidumping investigations. See Final 
Determination of Sales at Less Than Fair Value: Bulk Aspirin From the 
People's Republic of China, 65 FR 33805 (May 25, 2000) (``Aspirin''), 
and Final Determination of Sales at Less Than Fair Value: Steel 
Concrete Reinforcing Bars From the People's Republic of China, 66 FR 
33522 (June 22, 2001) (``Bars''). A designation as an NME country 
remains in effect until it is revoked by the Department. See section 
771(18)(C) of the Act. The respondents in this investigation have not 
requested a revocation of the PRC's NME status. Therefore, we have 
continued to treat the PRC as an NME in this investigation. For further 
details, see the Department's Preliminary Determination.

Separate Rates

    In our Preliminary Determination, we found that the respondents had 
met the criteria for the application of separate antidumping duty 
rates. We have not received any other information since the Preliminary 
Determination which would warrant reconsideration of our separates 
rates determination with respect to the respondents. Therefore, we 
continue to find that the respondents should be assigned individual 
dumping margins. For a complete discussion of the Department's 
determination that the respondents are entitled to separate rates, see 
the Preliminary Determination.

The PRC-Wide Rate

    For the reasons set forth in the Preliminary Determination, we 
continue to believe that use of adverse facts available for the PRC-
wide rate is appropriate. See Preliminary Determination, 66 FR at 
13887-88.

Surrogate Country

    For purposes of the final determination, we find that India remains 
the appropriate primary surrogate country for the PRC. For further 
discussion and analysis regarding the surrogate country selection for 
the PRC, see the Department's Preliminary Determination and the 
Decision Memorandum at 5.

Use of Facts Available

    For a discussion of our application of facts available, see the 
``Facts Available'' section of the Decision Memorandum, which is on 
file in B-099 and available on the Web at www.ita.doc.gov/ 
import_admin/records/frn/.

Analysis of Comments Received

    All issues raised in the case brief by parties to this 
investigation are addressed in the Decision Memorandum, which is hereby 
adopted by this notice. A list of the issues which parties raised, and 
to which we have responded, all of which are in the Decision 
Memorandum, is attached to this notice as an Appendix. Parties can find 
a complete discussion of all issues raised in this investigation and 
the corresponding recommendations in this public memorandum, which is 
on file in

[[Page 39489]]

B-099. In addition, a complete version of the Decision Memorandum can 
be accessed directly on the World Wide Web at www.ita.doc.gov/ 
import_admin/records/frn/. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on our findings at verification, and analysis of comments 
received, we have made adjustments to the calculation methodology in 
calculating the final dumping margin in this proceeding. See Analysis 
Memorandum for CITIC Trading Company, Shanxi Dajin International 
(Group) Company, Minmetals Townlord Technology Co., Ltd., and Sinochem 
International Company, Ltd.) (collectively, ``Respondent Analysis 
Memo'').

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by each respondent for use in our final 
determination. We used standard verification procedures including 
examination of relevant accounting and production records, and original 
source documents provided by the respondents. For changes from the 
Preliminary Determination as a result of verification, see Respondent 
Analysis Memo.

Scope of Investigation

    For purposes of this investigation, the product covered is coke 
larger than 100 mm (4 inches) in maximum diameter and at least 50 
percent of which is retained on a 100-mm (4 inch) sieve, of a kind used 
in foundries.
    The foundry coke products subject to this investigation were 
classifiable under subheading 2704.00.00.10 (as of Jan 1, 2000) and are 
currently classifiable under subheading 2704.00.00.11 (as of July 1, 
2000) of the Harmonized Tariff Schedule of the United States (HTSUS). 
Although the HTSUS subheadings are provided for convenience and Customs 
purposes, our written description of the scope of this investigation is 
dispositive.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to continue to suspend liquidation of all 
entries of subject merchandise from the PRC, that are entered, or 
withdrawn from warehouses, for consumption on or after the date of 
publication of the Preliminary Determination in the Federal Register. 
The Customs Service shall continue to require a cash deposit or posting 
of a bond equal to the estimated amount by which the normal value 
exceeds the U.S. price as shown below. This suspension of liquidation 
instructions will remain in effect until further notice.
    The weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Shanxi Dajin International (Group) Co. Ltd.................       109.85
Sinochem International Co., Ltd............................       163.73
Minmetals Townlord Techonology Co. Ltd.....................        76.19
CITIC Trading Company, Ltd.................................        78.03
PRC-Wide Rate..............................................       214.89
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of our determination. As our 
final determination is affirmative, the ITC will, within 45 days, 
determine whether these imports are materially injuring, or threaten 
material injury to, the U.S. industry. If the ITC determines that 
material injury, or threat of material injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
Customs officials to assess antidumping duties on all imports of the 
subject merchandise entered for consumption on or after the effective 
date of the suspension of liquidation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: July 23, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix Changes From the Preliminary Determination

I. General Issues

Comment 1: Valuation and Surrogate Country Selection
Comment 2: Washed Versus Unwashed Coal
Comment 3: Related Coal Mines
Comment 4: Costs Subsequent to Shipment
Comment 5: Surrogate for Rail Transportation Costs
Comment 6: Surrogate for Grass Paper
Comment 7: Use of Adverse Facts Available to Calculate a PRC-Wide 
Dumping Margin
Comment 8: Use of Adverse Facts Available--Taiyuan
Comment 9: Use of Adverse Facts Available for Exporters and 
Suppliers for Failing to Cooperate to the Best of Their Ability
Comment 10: Use of Adverse Facts Available to Calculate Normal Value 
for Suppliers that Failed to Respond in this Investigation or That 
Failed Verification.
Comment 11: Department's Alleged Failure to Calculate a Fair Market 
Value for Foundry Coke

II. Company Specific Issues

Comment 12: Adverse Facts Application to Sinochem Sale (Scope 
coverage)
Comment 13: Ministerial Error from the Preliminary Determination--
CITIC

[FR Doc. 01-19048 Filed 7-30-01; 8:45 am]
BILLING CODE 3510-25-P