[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Notices]
[Pages 42628-42629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20412]


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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

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 9, 2001, the Department of Commerce published the 
preliminary results of its third 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, 1999, through June 30, 2000.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping 
margins are listed below in the section entitled ``Final Results of the 
Review.''

EFFECTIVE DATE: August 14, 2001.

FOR FURTHER INFORMATION CONTACT: Dinah McDougall 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, N.W., Washington, D.C. 20230; 
telephone: (202) 482-3773 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 regulations of the Department 
of Commerce (the Department) are to 19 CFR Part 351 (2000).

Background

    On April 9, 2001, the Department published the preliminary results 
of the 1999-2000 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, 66 FR 18439 (April 9, 2001) (Preliminary Results). We gave 
interested parties an opportunity to comment on our preliminary 
results. 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, the 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 Preliminary 
Results 65 FR at 18440. 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 Sinochem Jiangsu Wuxi Import and Export Corporation 
(Wuxi), 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 Wuxi 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 Wuxi, which is part of the PRC entity 
(see the ``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 Wuxi 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 Wuxi 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 18441. 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

[[Page 42629]]

adverse facts available. Accordingly, we continue to use the petition 
rate from the LTFV investigation of 119.02 percent.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant 
Secretary, Group I, to Faryar Shirzad, Assistant Secretary for Import 
Administration, dated August 7, 2001, which is adopted by this notice. 
A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memo, is attached to this 
notice as an Appendix. 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 the Central Records Unit in 
Room B-099 of the main Commerce Building. In addition, a complete 
version of the Decision Memo can be accessed directly on the Web at 
http://ia.ita.doc.gov. The paper copy and electronic version of the 
Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes to the margin calculations. For a discussion of these changes, 
see the ``Margin Calculations'' section of the Decision Memo.

Final Results of the Review

    We determine that the following percentage weighted-average margins 
exist for the period July 1, 1999 through June 30, 2000:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Shanghai Ai Jian Import & Export Corporation...............        *0.04
PRC-wide Rate..............................................      119.02
------------------------------------------------------------------------
*de minimis.

    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) 
For Ai Jian, the cash deposit rate will be zero because Ai Jian's 
margin is de minimis; (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 Wuxi, will be 119.02 percent, the PRC-wide rate 
established in the LTFV investigation; and (4) the cash deposit rate 
for non-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 serves as the only 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(a)(3). Timely written 
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 section 751(a)(1) and 777(i) of the Act.

    Dated: August 7, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

Comment 1: Ocean Freight Valuation
Comment 2: Electricity Valuation
Comment 3: Wood Pallet Valuation
Comment 4: Indirect Labor Calculation
Comment 5: Surrogate Data Used for Selling, General, and 
Administrative Expenses

[FR Doc. 01-20412 Filed 8-13-01; 8:45 am]
BILLING CODE 3510-DS-P