[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Notices]
[Pages 6712-6713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3285]


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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 August 6, 2002, the Department of Commerce published the 
preliminary results of the 2000-2001 administrative review of the 
antidumping duty order on persulfates from the People's Republic of 
China. This review covers one manufacturer/exporter of the subject 
merchandise to the United States. The merchandise covered by this order 
are persulfates, including ammonium, potassium, and sodium persulfates. 
The period of review is July 1, 2000, through June 30, 2001.
    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations. In addition, because 
updated information now exists, we have made a change in the margin 
calculation for Ai Jian with respect to the surrogate value for labor. 
See the section entitled ``Changes Since the Preliminary Results'' 
listed below. The final weighted-average dumping margins are listed 
below in the section entitled ``Final Results of the Review.''

EFFECTIVE DATE: February 10, 2003.

FOR FURTHER INFORMATION CONTACT:  Mike Strollo, 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) 
482-0629.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2002, the Department published the preliminary results 
of the 2000-2001 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, 67 FR 50866 (Aug. 6, 2002) (Preliminary Results). This review 
covers one exporter, Shanghai Ai Jian Import & Export Corporation (Ai 
Jian), and its affiliated manufacturer, Shanghai Ai Jian Reagent Works.
    We invited interested parties to comment on the preliminary results 
of review. The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (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, (NH[bdi4])[bdi2]S[bdi2]O[bdi8], 
K[bdi2]S[bdi2]O[bdi8], and Na[bdi2]S[bdi2]O[bdi8]. Ammonium and 
potassium persulfates are currently classifiable under subheading 
2833.40.60 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Sodium persulfate is classifiable 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

    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, 67 FR at 50867. 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 should be assigned an 
individual dumping margin in this administrative review.

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 Susan Kuhbach, Acting Deputy 
Assistant Secretary, Group I, to Faryar Shirzad, Assistant Secretary 
for Import Administration, dated February 3, 2003, 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

    For purposes of the final results, we have made certain changes in 
the margin calculation for Ai Jian. For a discussion of these changes, 
see the ``Margin Calculations'' section of the Decision Memo.
[sbull] We revalued labor based on the regression-based wage rate for 
2000 in accordance with 19 CFR 351.408(c)(3);
[sbull] We revised the surrogate value for wood pallets using Indian 
import statistics for the period July 2000 through June 2001;
[sbull] We based factory overhead (FOH), SG&A expenses, and profit on 
the financial statements of Gujarat alone, rather than calculating 
these expenses as an average of the experience of Calibre and Gujarat;
[sbull] We adjusted the calculation of the surrogate FOH ratio for 
Gujarat by excluding the cost of traded goods from the denominator of 
the ratio; and
[sbull] We adjusted the calculation of the surrogate SG&A ratio for 
Gujarat. We excluded movement expenses originally included in the cost 
of manufacture used as the denominator for the surrogate SG&A ratio, as 
well as certain interest expenses used to offset financing costs.

Final Results of the Review

    We determine that the following percentage weighted-average margin 
exists for the period July 1, 2000 through June 30, 2001:

------------------------------------------------------------------------
                Manufacturer/exporter                   Margin (percent)
------------------------------------------------------------------------
Shanghai Ai Jian Import & Export Corporation.........       0.00 percent
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. For assessment 
purposes, we do not have the information to calculate entered value 
because Ai Jian is not the importer of record for the subject 
merchandise. Accordingly, we have

[[Page 6713]]

calculated customer-specific duty assessment rates for the merchandise 
in question by aggregating the dumping margins calculated for all U.S. 
sales to each customer and dividing this amount by the total quantity 
of those sales. To determine whether the duty assessment rates were de 
minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated customer-specific ad valorem ratios based 
on export prices. We will direct the Customs Service to assess the 
resulting assessment rates uniformly on all entries of that particular 
customer made during the period of review. Pursuant to 19 CFR 
351.106(c)(2), we will instruct the Customs Service to liquidate 
without regard to antidumping duties any entries for which the 
assessment rate is de minimis. The Department will issue appropriate 
assessment instructions directly to the Customs Service within 15 days 
of publication of these final results of review.

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; (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 will be 119.02 percent, the PRC-wide rate 
established in the less than fair value 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: February 3, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comment 1: Separate Rates
Comment 2: Use of Adverse Facts Available
Comment 3: Ocean Freight
Comment 4: Marine Insurance
Comment 5: Steam, Coal and Water Consumption
Comment 6: Use of Indian Data to Value Wood Pallets
Comment 7: Packing Labor
Comment 8: Whether the Financial Statements of Calibre Chemicals Pvt., 
Ltd. (Calibre) and Gujarat Persalts (P) Ltd. (Gujarat) Are Publicly 
Available Information
Comment 9: Whether Gujarat's Financial Statements Are an Appropriate 
Source for Factory Overhead (FOH), Selling, General, and Administrative 
(SG&A) Expenses, and Profit
Comment 10: Whether Calibre's Financial Statements Are an Appropriate 
Source for FOH, SG&A, and Profit
Comment 11: Adjustments to SG&A
[FR Doc. 03-3285 Filed 2-7-03; 8:45 am]
BILLING CODE 3510-DS-S