[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Notices]
[Page 58018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23391]


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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, U.S. 
Department of Commerce.

SUMMARY: In accordance with 19 CFR 351.213(b)(1), the Department 
received a timely request from petitioner, the 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 (Hebei) and Hunan 
Provincial Native Products Import & Export Corp. (Hunan). On March 27, 
2002, 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, 2001 through 
January 31, 2002. We are now rescinding this review with respect to 
Hebei because Hebei did not have any sales, shipments, or entries 
during the POR.

EFFECTIVE DATE: September 13, 2002.

FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn or Douglas Kirby, AD/
CVD Enforcement Group III, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue, NW., Washington, DC 20230; telephone: 202-482-4236 
and 202-482-3782, respectively.

SUPPLEMENTARY INFORMATION: 

Applicable Statute and Regulations

    Unless otherwise indicated, all citations are to the Tariff Act of 
1930, as amended (``the Act''). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations codified at 19 CFR part 351 (2001).

Background

    On February 1, 2002, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on natural bristle paint brushes and brush heads from the 
People's Republic of China (PRC) (67 FR 4945). On February 28, 2002, 
the Department received a timely request from petitioner for 
administrative reviews of Hunan Provincial Native Produce and Animal 
By-Products Import and Export Corporation (Hunan) and Hebei Founder 
Import and Export Company (Hebei). On March 27, 2002, the Department 
initiated an administrative review of the antidumping duty order on 
natural bristle paintbrushes and brush heads, for the period from 
February 1, 2001 through January 31, 2002, in order to determine 
whether merchandise imported into the United States is being sold at 
less than fair value. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Requests for Revocations in Part (67 FR 
14696). On May 1, 2002 the Department issued antidumping questionnaires 
to Hebei and Hunan. In its reply to Section A of the questionnaire, 
Hebei reiterated that it had made no sales or shipments of subject 
merchandise to the United States during the POR.
    The Department also 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) item number 9603.40.40.40, from the PRC during the POR. We 
found no entries or shipments from Hebei 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 August 14, 2002, the Department issued a 
memorandum stating our intent to rescind the review, in part, with 
regard to Hebei in light of the information on the record that Hebei 
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 Douglas Kirby Through 
Barbara E. Tillman: Partial Rescission of Antidumping Duty 
Administrative Review (August 14, 2002) (public document, 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 Hebei for the 
period February 1, 2001 through January 31, 2002. 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 brush heads with respect to 
Hunan, for the period February 1, 2001 through January 31, 2002, 
because there is evidence on the record of sales 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)(l) 
of the Act.

    Dated: September 6, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-23391 Filed 9-12-02; 8:45 am]
BILLING CODE 3510-DS-P