[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Notices]
[Page 47450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22933]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-501]


Natural Bristle Paintbrushes and Brush Heads From the People's 
Republic of China; Notice of Rescission in Part of Antidumping Duty 
Administrative Review

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

ACTION: Notice of rescission in part of the antidumping duty 
administrative review for the period February 1, 2000-January 31, 2001.

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SUMMARY: In accordance with 19 CFR 351.213(b)(2), the Department 
received a timely request from petitioner, Paint Applicator Division of 
the American Brush Manufacturers Association (Paint Applicator 
Division), that we conduct an administrative review of the sales of 
Hebei Founder Import & Export Company (Founder) and Hunan Provincial 
Native Products Import & Export Corp. (Hunan). On March 22, 2001, the 
Department initiated an administrative review of the antidumping duty 
order on natural bristle paintbrushes and paint brush heads for the 
period of review (POR) of February 1, 2000 through January 31, 2001. We 
are now rescinding this review with respect to Founder because Founder 
did not have any sales, shipments or entries during the POR.

EFFECTIVE DATE: September 12, 2001.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Sally C. 
Gannon, AD/CVD Enforcement Group III, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: 202-482-
4052 and 202-482-0162, respectively.

SUPPLEMENTARY INFORMATION:

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 Uruguay Round 
Agreements Act. In addition, unless otherwise indicated, all citations 
to the Department's regulations are to the regulations codified at 19 
CFR Part 351 (2000).

Background

    On February 14, 2001, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on natural bristle brushes and brush heads from the People's 
Republic of China (PRC) (66 FR 10269). On February 28, 2001, the 
Department received a timely request from the Paint Applicator Division 
for administrative reviews of Hunan Provincial Native Produce and 
Animal By-Products Import and Export Corporation (Hunan) and Hebei 
Founder Import and Export Company (Founder). On March 22, 2001, the 
Department initiated an administrative review of the antidumping duty 
order on natural bristle paintbrushes and paintbrush heads, for the 
period from February 1, 2000 through January 31, 2001, in order to 
determine whether merchandise imported into the United States is being 
sold at less than fair value prices. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocations 
in Part (66 FR 16037). We received a letter from Founder, on April 9, 
2001, stating that it did not make any sales or shipments during the 
POR. On April 24, 2001, we received a letter from Hunan stating that no 
entries of subject merchandise exported by Hunan were made during the 
POR. On May 8, 2001, we issued the questionnaire to Founder and Hunan.
    The Department performed a U.S. Customs Service (Customs) query for 
entries of natural bristle paintbrushes and brush heads, classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
number 9603.40.40.40, from the PRC during the POR. We found no entries 
or shipments from Founder during the POR. However, we did find evidence 
of a potential entry from Hunan. In its June 22, 2001 response to our 
section A questionnaire, Hunan stated that it had one sample sale 
during the POR.

Rescission, in Part, of Antidumping Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review, in whole or only with respect to a particular 
exporter or producer, if the Secretary concludes that, during the 
period covered by the review, there were no entries, exports, or sales 
of subject merchandise. On July 26, 2001, the Department issued a 
memorandum stating our intent to rescind the review, in part, with 
regard to Founder in light of the information on the record that 
Founder did not sell, ship or enter the subject merchandise during the 
POR. The Department circulated this memorandum among the parties and 
received no comments. See Memorandum For the File From Jacqueline 
Arrowsmith Through Barbara E. Tillman: Partial Rescission of 
Antidumping Duty Administrative Review (July 26, 2001) (on file in the 
Department's Central Records Unit in Room B-099). Therefore, the 
Department has determined that it is reasonable to rescind, in part, 
the administrative review of the antidumping duty order on natural 
bristle paintbrushes and paintbrush heads with respect to Founder for 
the period February 1, 2000 through January 31, 2001. The Department 
will issue appropriate assessment instructions to Customs.
    The Department is not rescinding its review of the antidumping duty 
order on natural bristle paintbrushes and paintbrush heads with respect 
to Hunan, for the period February 1, 2000 through January 31, 2001, 
because there is evidence on the record of a sale, made by Hunan to the 
United States market during the POR.
    This notice 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(a)(3). Timely written 
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 sanctionable 
violation.
    This determination and notice are issued and published in 
accordance with 19 CFR 351.213(d)(3) and sections 751(a) and 777(i)(1) 
of the Act.

    Dated: September 6, 2001.
Edward C. Yang,
Acting Deputy Assistant Secretary, AD/CVD Enforcement Group III.
[FR Doc. 01-22933 Filed 9-11-01; 8:45 am]
BILLING CODE 3510-DS-P