[Federal Register Volume 68, Number 216 (Friday, November 7, 2003)]
[Notices]
[Pages 63064-63065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28122]


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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 Part, 68 FR 39055 (July 1, 2003)(Initiation Notice). 
This review covers the period May 1, 2002 through April 30, 2003. Powin 
Corporation (Powin), the U.S. importer which

[[Page 63065]]

requested the administrative review, has now withdrawn its request for 
an administrative review. Accordingly, the Department is rescinding 
this review in accordance with section 351.213(d)(1) of the 
Department's regulations.

EFFECTIVE DATE: November 7, 2003.

FOR FURTHER INFORMATION CONTACT: Sean Carey, 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-
3964.

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 29, 2003, the Department 
received a timely request from Powin, a U.S. importer, for an 
administrative review of the PRC exporter of subject merchandise, 
Shandong Himight Machinery Co., Ltd. (Shandong Himight). The Department 
published its initiation of administrative review on July 1, 2003. See 
Initiation Notice.
    On July 24, 2003, counsel for Powin entered an appearance on behalf 
of Weifang Fangzi Tongbao Foundry and Weifang Fangzi Mucun Foundry, 
producers of subject merchandise, and Shandong Machinery I/E Corp., a 
company which facilitated Shandong Himight's exports to the United 
States. On July 25, 2003, the Department issued its antidumping duty 
questionnaire. The Department extended the deadline for the 
questionnaire response on September 3 and again on September 16, 2003 
pursuant to Powin's request for an extension of the deadline. In a 
letter to the Department filed September 30, 2003, Powin withdrew its 
request for an administrative review.

Rescission of Antidumping Duty Administrative Review of Castings

    The Department is rescinding the antidumping duty administrative 
review of Powin, covering the period May 1, 2002 through April 30, 
2003, in accordance with section 351.213(d)(1) of the Department's 
regulations. Although Powin's withdrawal request for this review was 
not within the normal time limit as prescribed in section 351.213(d)(1) 
of the Department's regulations, we find that, under the circumstances 
of this review, it is appropriate to accept the withdrawal request and 
rescind the review with respect to Shandong Himight.
    According to section 351.213(d)(1) of the Department's regulations, 
the Department will rescind an administrative review ``if a party that 
requested the review withdraws the request within 90 days of the date 
of publication of notice of initiation of the requested review.'' The 
regulations further provide that the Secretary ``may extend this time 
limit if the Secretary decides that it is reasonable to do so.'' In the 
instant case, Powin's withdrawal request was not filed within the 90-
day time limit. However, the Department has determined that rescinding 
the review is appropriate since continuing the review would only 
require Powin, the domestic industry and the Department to expend time 
and resources on a review in which the only party that requested the 
review is no longer interested. Powin has not filed a questionnaire 
response with respect to Shandong Himight, and the Department has 
neither released supplemental questionnaires nor conducted verification 
at this point in the proceeding. Accordingly, the Department does not 
believe the administrative review has proceeded to a point at which it 
would be ``unreasonable'' to rescind the review.
    The Department, therefore, determines that it is reasonable to 
extend the 90-day time limit and to rescind the administrative review 
for the period May 1, 2002 through April 30, 2003. The Department will 
issue appropriate assessment instructions directly to the U.S. Customs 
and Border Protection (Customs) within 15 days of publication of this 
notice. The Department will direct Customs to assess antidumping duties 
for this company at the cash deposit rate in effect on the date of 
entry for entries during the period May 1, 2002 through April 30, 2003.

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. The Department will 
issue appropriate assessment instructions to the U.S. Bureau of Customs 
and Border Protection.
    This determination and notice are issued and published in 
accordance with 19 CFR 351.213(d)(4) and sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: October 28, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-28122 Filed 11-6-03; 8:45 am]
BILLING CODE 3510-DS-S