[Federal Register Volume 68, Number 194 (Tuesday, October 7, 2003)]
[Notices]
[Pages 57875-57876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25385]


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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: Initiation of Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received 
timely requests to conduct new shipper reviews of the antidumping duty 
order on natural bristle paintbrushes and brush heads from the People's 
Republic of China (PRC). In accordance with 19 CFR 351.214(d), we are 
initiating a review for Shanghai R&R Imp./Exp. Co., Ltd. (Shanghai) and 
its producer Zhejiang Lin'an Maxiao Brushes Factory (ZLMBF), and for 
Changshan Import/Export Co., Ltd. (Changshan) and its producer ZLMBF.

EFFECTIVE DATE: October 7, 2003.

FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Dana Mermelstein, 
Office of AD/CVD Enforcement 7, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-0961 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 14, 2003, the Department received timely requests from 
Shanghai and Changshan, pursuant to section 751(a)(2)(B) of the Tariff 
Act of 1930 (the Act) and in accordance with 19 CFR 351.214(c), for new 
shipper reviews under the antidumping duty order on natural bristle 
paintbrushes and brush heads from the PRC. This order has a February 
anniversary month and therefore an August semiannual anniversary month. 
On August 27, 2003, the Department issued a letter to Shanghai and 
Changshan noting that there were similarities in the new shipper review 
requests for both companies, and we asked whether Shanghai and 
Changshan were related in any way. Shanghai and Changshan, in their 
response of August 29, 2003, replied that the similarities occurred 
because the actions by both Shanghai and Changshan occurred shortly 
after their counsel conducted a program in China discussing the 
antidumping law and various ways of participating. Because of the 
schedule for filing new shipper review requests, both Shanghai and 
Changshan arranged their sales and made the shipments on relatively 
short notice. While there are similarities in the shipments, the two 
companies stated that they are not affiliated, and therefore they 
requested separate new shipper reviews. The Department will continue 
throughout the review to examine carefully any similarities between 
Shanghai and Changshan.

Initiation of Reviews

    Pursuant to 19 CFR 351.214(b)(2)(ii) and 19 CFR 
351.214(b)(2)(iii)(A), in their August 14, 2003 requests for review, 
Shanghai and Changshan certified that they did not export the subject 
merchandise to the United States during the period of investigation 
(POI) and that they are not affiliated with any company which exported 
subject merchandise to the United States during the POI. Pursuant to 19 
CFR 351.214(b)(ii)(B), Shanghai's and Changshan's producer, ZLMBF, 
certified that it did not export subject merchandise during the period 
of investigation. Pursuant to 19 CFR 351.214(b)(2)(iii)(B), Shanghai 
and Changshan further certified that their export activities are not 
controlled by the central government of the PRC. Also, in accordance 
with 19 CFR 351.214(b)(2)(iv), Shanghai and Changshan submitted 
documentation establishing the date on which each company first shipped 
the subject merchandise to the United States, the volume of its first 
shipment, and the date of the first sale to an unaffiliated customer in 
the United States. Shanghai and Changshan also stated that they had no 
shipments to the United States other than their first shipment.
    Therefore, in accordance with section 751(a)(2)(B) of the Act and 
19 CFR 351.214(d), we are initiating new shipper reviews of the 
antidumping duty order on natural bristle paintbrushes and brush heads 
from the PRC. In accordance with 19 CFR 351.214(i), we intend to issue 
the preliminary results not later than 180 days from the date of 
initiation of these reviews. All provisions of 19 CFR 351.214 will 
apply to Shanghai and Changshan throughout the duration of these new 
shipper reviews.
    In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for a new 
shipper review initiated in the month immediately following the 
semiannual anniversary month is the six-month period immediately 
preceding the semiannual anniversary month. Therefore, the POR for 
these new shipper reviews is February 1, 2003 through July 31, 2003. 
Pursuant to

[[Page 57876]]

section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), we are 
initiating new shipper reviews for shipments of natural bristle 
paintbrushes and brush heads from the PRC: (1) produced by ZLMBF and 
exported by Shanghai; (2) produced by ZLMBF and exported by Changshan.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide de jure and de facto evidence of an absence of government 
control over the company's export activities. Accordingly, we will 
issue a questionnaire to Shanghai and Changshan (including a complete 
separate rates section), allowing approximately 37 days for response. 
If the response from each respondent provides sufficient indication 
that it is not subject to either de jure or de facto government control 
with respect to its exports of natural bristle paintbrushes and brush 
heads, the review will proceed. If, on the other hand, a respondent 
does not demonstrate its eligibility for a separate rate, then it will 
be deemed to be affiliated with other companies that exported during 
the POI and not eligible for a separate rate, and the review of that 
respondent will be rescinded.

------------------------------------------------------------------------
     Antidumping Duty New Shipper Reviews:        Period To Be Reviewed:
------------------------------------------------------------------------
Shanghai R&R Imp./Exp. Co., Ltd. / Produced by            2/1/03-7/31/03
 Zhejiang Lin'an Maxiao Brushes Factory........
Changshan Import/Export Co., Ltd. / Produced by           2/1/03-7/31/03
 Zhejiang Lin'an Maxiao Brushes Factory........
------------------------------------------------------------------------

    We will instruct the U.S. Bureau of Customs and Border Protection 
(BCBP) to allow, at the option of the importer, the posting, until the 
completion of the review, of a single entry bond or security in lieu of 
a cash deposit for subject merchandise exported by and produced by the 
above listed companies. See 19 CFR 351.214(e). Shanghai and Changshan 
certified that they exported but did not produce the subject 
merchandise on which they based their new shipper review requests (i.e. 
ZLMBF certified that it produced the subject merchandise exported by 
Shanghai and Changshan). Therefore, we will instruct BCBP to limit the 
bonding option only to entries of subject merchandise: (1) exported by 
Shanghai and produced by ZLMBF; or (2) exported by Changshan and 
produced by ZLMBF.
    Interested parties may submit applications for disclosure of 
business proprietary information under administrative protective order 
in accordance with 19 CFR 351.305 and 351.306.
    This initiation and notice are in accordance with section 751(a) of 
the Act and 19 CFR 351.214.

    Dated: September 30, 2003.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 03-25385 Filed 10-6-03; 8:45 am]
BILLING CODE 3510-DS-S