[Federal Register Volume 68, Number 51 (Monday, March 17, 2003)]
[Notices]
[Pages 12669-12671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6338]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-007]


Barium Chloride From the People's Republic of China: Final 
Results and Rescission in Part of Antidumping Duty Administrative 
Review

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

ACTION: Notice of final results and rescission in part of antidumping 
duty administrative review of barium chloride from the People's 
Republic of China.

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SUMMARY: On November 8, 2002, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
and partial rescission of its administrative review of the antidumping 
duty order on barium chloride from the People's Republic of China (PRC) 
covering the period of review (POR) October 1, 2000, to September 30, 
2001. See Barium Chloride From the People's Republic of

[[Page 12670]]

China: Preliminary Results and Rescission in Part of Antidumping Duty 
Administrative Review, 67 FR 68094 (Preliminary Results). We initiated 
this review on 11 Chinese manufacturers/exporters of barium chloride 
\1\ but are rescinding the review with respect to Zhangjiaba Salt 
Chemical Co., Ltd., Barium Salts Branch because the record indicates 
that this company did not sell subject merchandise to the United States 
during the POR. Because the remaining companies did not respond to the 
Department's questionnaire, we consider them to be part of the PRC-wide 
entity, and applied adverse facts available. In the preliminary results 
of this review, we recalculated the PRC-wide rate using information 
placed on the record by the petitioner as appropriately adjusted by the 
Department. We have continued to take this approach in the final 
results.
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    \1\ Those manufacturers/exporters are: Zhangjiaba Salt Chemical 
Co., Ltd., Barium Salts Branch, Hebei Xinji Chemical Plant, Tianjin 
Chemical Industry Corporation, Qingdao Red Star Chemical Group Co., 
Tianjin Bohai Chemical United Import/Export Company, Sichuan 
Emeishan Salt Chemical Industry Group Company, Ltd., Hengnan, 
Kunghan, Linshu, Tangshan, and China National Chemicals Import and 
Export Corporation (Sinochem).

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EFFECTIVE DATE: March 17, 2003.

FOR FURTHER INFORMATION CONTACT: John Conniff or Drew Jackson, AD/CVD 
Enforcement, Office 4, Group II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1009 or (202) 482-4406, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 8, 2002, the Department published in the Federal 
Register (67 FR 68094) the preliminary results and rescission, in part, 
of its administrative review of the antidumping duty order on barium 
chloride from the PRC. In response to the Department's invitation to 
submit comments on the preliminary results, one respondent, Zhangjiaba 
Salt Chemical Co. Ltd., Barium Salts Branch (Zhangjiaba), submitted a 
case brief on November 27, 2002, and the petitioner, Chemical Products 
Corporation (CPC) submitted a rebuttal brief on December 4, 2002. A 
public hearing was held on February 11, 2003.
    The Department is conducting this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of Review

    The imports covered by this review are shipments of barium 
chloride, a chemical compound having the formulas BaCl2 or 
BaCl2-2H2O, currently classifiable under item 
number 2827.39.45.00 of the Harmonized Tariff Schedule of the United 
States (HTSUS).\2\ Although the HTSUS item number is provided for 
convenience and for U.S. Customs (Customs) purposes, the written 
description remains dispositive.
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    \2\ The scope reflects the HTSUS item number currently in 
effect.
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Period of Review

    The POR is October 1, 2000, through September 30, 2001.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties to this administrative review are addressed in the ``Issues 
Decision Memorandum'' (Decision Memorandum) from Holly A. Kuga, Acting 
Deputy Assistant Secretary for Import Administration, Group II, to 
Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, dated concurrently with this notice, which is hereby 
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 
Memorandum, 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 Record Unit, room B-099 of the main Department of 
Commerce building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the International Trade 
Administration's Web site at http: www.ia.ita.doc.gov. The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Final Partial Rescission of Review

    We are rescinding this review with respect to Zhangjiaba because it 
reported that it made no shipments of subject merchandise to the United 
States during the POR and our review of Customs data supports 
Zhangjiaba's claim. See Zhangjiaba's December 21, 2001, submission to 
the Department.

Changes Since the Preliminary Results

    Consistent with the approach taken in petroleum wax candles from 
the PRC, we have inflated the surrogate value for electricity using an 
industry-specific wholesale price index. See Petroleum Wax Candles from 
the PRC: Notice of Final Results of New Shipper Review, 67 FR 41395 
(June 18, 2002), and accompanying Issues and Decisions Memorandum at 
Comment 4.

Final Results of Review

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

------------------------------------------------------------------------
                                                                Margin
                   Exporter/Manufacturer                      (percent)
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PRC-Wide Rate..............................................       155.50
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of barium chloride 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) The cash deposit rate for 
all Chinese exporters will be the rate shown above; and (2) for non-PRC 
exporters of subject merchandise from the PRC, the cash deposit rate 
will be the rate applicable to their PRC suppliers.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.

Assessment

    Customs shall assess antidumping duties on all appropriate entries. 
The Department will issue appraisement instructions directly to Customs 
within 15 days of publication of these final results of review. We will 
direct Customs to assess the resulting assessment rate against the 
entered customs values for all entries of subject merchandise during 
the review period.

Reimbursement of Duties

    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.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in

[[Page 12671]]

accordance with 19 CFR 351.305 of the Department's regulations. Timely 
written notification of the return/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 violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 10, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comments

    Comment 1: Whether the Department Should Redetermine the PRC-
Wide Rate
    Comment 2: Whether the Department Should Grant Zhangjiaba a 
Separate Rate
    Comment 3: Whether the Department Inappropriately Resorted to 
Adverse Facts Available With Respect to Zhangjiaba

[FR Doc. 03-6338 Filed 3-14-03; 8:45 am]
BILLING CODE 3510-DS-P