[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Notices]
[Pages 65249-65250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28803]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-882]


Antidumping Duty Order: Refined Brown Aluminum Oxide (Otherwise 
Known as Refined Brown Artificial Corundum or Brown Fused Alumina) From 
the People's Republic of China

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

ACTION: Notice of antidumping duty order.

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SUMMARY: Pursuant to section 736(a) of the Tariff Act of 1930, as 
amended, the Department of Commerce is issuing an antidumping duty 
order on refined brown aluminum oxide (otherwise Known as refined brown 
artificial corundum or brown fused alumina) From the People's Republic 
of China.

EFFECTIVE DATE: November 19, 2003.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger, Jim Mathews or 
Tinna E. Beldin, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
4136, (202) 482-2778 or (202) 482-1655, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of Order

    The merchandise covered by this investigation is ground, pulverized 
or refined brown artificial corundum, also known as refined brown 
aluminum oxide or brown fused alumina, in grit size of \3/8\ inch or 
less. Excluded from the scope of the investigation is crude artificial 
corundum in which particles with a diameter greater than \3/8\ inch 
constitute at least 50 percent of the total weight of the entire batch. 
The scope includes brown artificial corundum in which particles with a 
diameter greater than \3/8\ inch constitute less than 50 percent of the 
total weight of the batch. The merchandise under investigation is 
currently classifiable under subheading 2818.10.20.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Although the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the merchandise under investigation is 
dispositive.

Antidumping Duty Order

    On November 10, 2003, the International Trade Commission (the ITC) 
notified the Department of Commerce (the Department) of its final 
determination pursuant to section 735(b)(1)(A)(i) of the Tariff Act of 
1930, as amended (the Act), that the industry in the United States 
producing refined brown aluminum oxide (RBAO) is materially injured by 
reason of less-than-fair-value imports of subject merchandise from the 
People's Republic of China (PRC). In addition, the ITC notified the 
Department of its final determination that critical circumstances do 
not exist with respect to imports of subject merchandise from the PRC 
that are subject to the Department's affirmative critical circumstances 
finding.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further advice by the Department, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price of the merchandise for all relevant entries of RBAO from 
the PRC. These antidumping duties will be assessed on all unliquidated 
entries of RBAO from the PRC entered, or withdrawn from the warehouse, 
for consumption on or after May 6, 2003, the date on which the 
Department published the Notice of Preliminary Determination of Sales 
Less Than Fair Value, Affirmative Preliminary Determination of Critical 
Circumstances and Postponement of Final Determination: Refined Brown 
Aluminum Oxide (Otherwise known as Refined Brown Artificial Corundum or 
Brown Fused Alumina) from the

[[Page 65250]]

People's Republic of China, 68 FR 23966.
    With regard to the ITC negative critical circumstances 
determination, we will instruct CBP to lift suspension and to release 
any bond or other security, and refund any cash deposit made, to secure 
the payment of antidumping duties with respect to entries of the 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after February 5, 2003, but before May 6, 2003. February 5, 2003 is 90 
days prior to May 6, 2003, the date of publication of the Department's 
preliminary determination in the Federal Register.
    CBP must require, at the same time as importers would normally 
deposit estimated duties on this merchandise, a cash deposit equal to 
the estimated weighted-average antidumping duty margins as noted below. 
The ``PRC-wide Rate'' applies to all exporters of RBAO not specifically 
listed below.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Zibo Jinyu Abrasive Co., Ltd...............................       135.18
PRC-wide...................................................       135.18
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
RBAO from the PRC, pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room B-099 
of the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: November 12, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-28803 Filed 11-18-03; 8:45 am]
BILLING CODE 3510-DS-P