[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Notices]
[Pages 33103-33104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13880]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-502]


Iron Construction Castings from the People's Republic of China: 
Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: In response to a timely request from an interested party, the 
Department of Commerce (the Department) initiated an administrative 
review of the antidumping duty order on iron construction castings 
(castings) from the People's Republic of China (PRC). See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Request 
for Revocation in

[[Page 33104]]

Part, 67 FR 42573 (June 25, 2002). This review covers the period May 1, 
2001 through April 30, 2002. Because the company for which the review 
was requested and initiated was not an exporter of the subject 
merchandise to the United States, the Department is rescinding this 
review in accordance with 19 CFR 351.213(d).

EFFECTIVE DATE: June 3, 2003.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Maureen 
Flannery, AD/CVD Enforcement Group III, Office 7, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C. 
20230; telephone (202) 482-5255 or (202) 482-3020, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published in the Federal Register an antidumping 
duty order on castings from the PRC on May 9, 1986. See Antidumping 
Duty Order: Iron Construction Castings from the People's Republic of 
China, 51 FR 17222 (May 9, 1986). On May 30, 2002, the Department 
received a timely request from Powin Corporation (Powin), an importer 
of subject merchandise, for an administrative review of Mucun Foundry 
of Fangzi District (Mucun Foundry). The Department published its 
initiation of the administrative review for Mucun Foundry on June 25, 
2002. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 67 FR 42573 
(June 25, 2002) (Initiation Notice).
    On August 26, 2002, the Department issued its antidumping duty 
questionnaire, and on October 11, 2002, pursuant to Powin's request, 
the Department extended the deadlines for the questionnaire responses 
to October 18, 2002, for Section A, and October 25, 2002, for Sections 
C and D. We received, in proper form, Section A responses on October 
18, 2002, and Section C and D responses on October 25, 2002.
    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), the Department may extend the deadline for 
completion of the preliminary results of an administrative review if it 
determines that it is not practicable to complete the preliminary 
results of a review within the statutory time limit of 245 days. On 
December 3, 2002, in accordance with the Act, the Department extended 
the time limit for completion of the preliminary results of this 
antidumping duty administrative review until no later than May 30, 
2003. See Notice of Extension of Time Limit for Preliminary Results of 
the Antidumping Duty Administrative Review: Certain Iron Construction 
Castings From the People's Republic of China, 67 FR 75845 (December 10, 
2002).

Rescission of Antidumping Duty Administrative Review of Castings

    Based on our review of questionnaire responses as well as 
information from the U.S. Bureau of Customs and Border Protection, the 
Department found that the subject merchandise had not been exported to 
the United States by Mucun Foundry, the only company for which the 
review was requested and initiated. On January 30, 2003, we issued a 
letter and memorandum to all interested parties in this review stating 
our intention to rescind this administrative review because the company 
for which the review was requested did not export to the United States 
during the period of review (POR). See Memorandum from Javier 
Barrientos and Julio A. Fernandez through Sally C. Gannon to Barbara E. 
Tillman: Iron Construction Castings from the People's Republic of 
China: Intent to Rescind Antidumping Duty Administrative Review 
(January 30, 2003). We invited all interested parties to comment on our 
stated intent to rescind the review.
    On February 13, 2003, Powin submitted comments objecting to a 
rescission, and on February 25, 2003 the petitioners\1\ submitted 
comments supporting a rescission. We have considered Powin's and 
petitioners' comments and have reached a final determination to rescind 
this administrative review. See Memorandum from Matthew Renkey, Case 
Analyst, through Maureen Flannery, Program Manager, Office of AD/CVD 
Enforcement VII, to Barbara Tillman, Director, Office of AD/CVD 
Enforcement VII: Iron Construction Castings from the People's Republic 
of China: Rescission of the 2001-2002 Administrative Review, dated May 
27, 2003 (Rescission Memo), which discusses in full the comments 
received.
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    \1\ Allegheny Foundry Co.; Deeter Foundry Inc.; East Jordan Iron 
Works, Inc.; LeBaron Foundry, Inc.; Municipal Castings, Inc.; Neenah 
Foundry Co.; Tyler Pipe Company; and U.S. Foundry Manufacturing Co.
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    Pursuant to our regulations, the Department will rescind an 
administrative review if the Department determines that ``during the 
period covered by the review, there were no entries, exports, or sales 
of the subject merchandise, as the case may be.'' See 19 CFR 
351.213(d)(3). Given that Mucun Foundry was not the exporter, but only 
a producer, the Department has determined that this administrative 
review should be rescinded as Mucun Foundry did not have any entries, 
exports or sales of subject merchandise during the current POR. See 
Certain Cased Pencils From the People's Republic of China: Preliminary 
Results and Rescission in Part of Antidumping Duty Administrative 
Review, 66 FR 1638 (January 9, 2001). See also Laizhou City Guangming 
Pencil-Making Co. Ltd., Et Al., v. United States, No. 02-151 (Ct. Int'l 
Trade Dec. 18, 2002). Therefore, the Department has determined that it 
is reasonable to rescind this administrative review of castings for the 
period May 1, 2001 through April 30, 2002. The Department will issue 
appropriate assessment instructions to the U.S. Bureau of Customs and 
Border Protection.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under section 351.402(f) 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 
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 19 CFR 351.305(a)(3). 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 determination and notice are issued and published in 
accordance with 19 CFRSec.  351.213(d)(4) and sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: May 27, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-13880 Filed 6-2-03; 8:45 am]
BILLING CODE 3510-DS-S