[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Notices]
[Pages 31683-31684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13263]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-501]


Notice of Final Results of Administrative Review: Natural Bristle 
Paintbrushes and Brush Heads From the People's Republic of China

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

SUMMARY: On March 7, 2003, the Department published the preliminary 
results of review of the antidumping duty order on natural bristle 
paintbrushes and brush heads from the People's Republic of China (68 FR 
11041). The review covers one manufacturer, Hunan Provincial Produce & 
Animal By-Products Import & Export Corporation (Hunan), and exports of 
the subject merchandise to the United States during the period February 
1, 2001 through January 31, 2002.
    We gave interested parties an opportunity to comment on the 
preliminary results of review. We received no comments from any of the 
parties.

EFFECTIVE DATE: May 28, 2003.

FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Sean Carey, AD/CVD 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington DC 20230; telephone: (202) 482-3782 or (202) 482-3964, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2002, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on natural paintbrushes from the People's Republic of China (PRC) 
(67 FR 4945). On February 28, 2002, the Department received a timely 
request from the Paint Applicator Division of the American Brush 
Manufacturers Association, the petitioner, for administrative reviews 
of 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 paintbrushes, 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 with respect to these two companies. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests for Revocations in Part, 67 FR 14696 (March 27, 
2002).
    On May 1, 2002, the Department issued antidumping questionnaires to 
Hunan and Hebei. In its reply to Section A of the questionnaire, Hebei 
stated 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) data query for entries of paintbrushes from 
the PRC during the POR. We found no entries or shipments from Hebei 
during the POR. Thus, the Department rescinded the review with respect 
to Hebei. See Natural Bristle Paintbrushes From the People's Republic 
of China; Notice of Rescission, In Part, of Antidumping Administrative 
Review, 67 FR 58018 (September 13, 2002). On November 1, 2002, the 
Department extended the deadline for the preliminary results of review 
of Hunan until January 23, 2003 (67 FR 66614). This deadline was then 
fully extended, in accordance with section 751(a)(3)(A) of the Tariff 
Act of 1930 (``the Act'') by another 36 days (68 FR 4761). On March 7, 
2003, the Department published the preliminary results of review (68 FR 
11041). The Department has now completed this review in accordance with 
section 751 of the Act.

Scope of the Antidumping Duty Order

    The products covered by the order are natural paintbrushes from the 
PRC. Excluded from the order are paintbrushes and brush heads with a 
blend of 40 percent natural bristles and 60 percent synthetic 
filaments. The merchandise under review is currently classifiable under 
item 9603.40.40.40 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, the Department's written description 
of the merchandise is dispositive.

Final Results of Review

    We gave interested parties an opportunity to comment on the 
preliminary results. The Department received no comments. Accordingly, 
we continued to find that a margin of 0.00 percent exists for Hunan for 
the period February 1, 2001 through January 31, 2002. The Department 
will issue assessment instructions directly to the U.S. Bureau of 
Customs and Border Protection (``Customs'').

Duty Assessment and Cash Deposit Requirement

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. The Department will 
issue appropriate assessment instructions directly to Customs within 15 
days of publication of the final results of review. Furthermore, the 
following deposit rates will be effective with respect to all shipments 
of paintbrushes from the PRC entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this review, as provided for by section 751(a)(2)(C) of the Act: (1) 
The cash deposit rate for the reviewed company will be the rate 
indicated above; (2) for companies previously found to be eligible for 
a separate rate and for which no review was requested, the cash deposit 
rate will be the rate established in the most recent review of that 
company; (3) for all other PRC exporters of subject merchandise, the 
cash deposit

[[Page 31684]]

rate will be the PRC-wide rate of 351.92 percent; and (4) the cash 
deposit rate for non-PRC exporters of subject merchandise from the PRC 
will be the rate applicable to the PRC exporter that supplied that 
exporter. These deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.

Notification of Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under section 351.402(f)(2) of the Department's 
regulations 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 double antidumping 
duties.
    This notice also 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 section 351.305(a)(3) 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 the terms of an 
APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(3)(A) and 777(i)(1) of the Act.

    Dated: May 19, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-13263 Filed 5-27-03; 8:45 am]
BILLING CODE 3510-DS-P