[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Notices]
[Pages 68030-68031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30259]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-847]


Persulfates from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review.

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SUMMARY: On July 31, 2003, the Department of Commerce published the 
preliminary results of the 2001-2002 administrative review of the 
antidumping duty order on persulfates from the People's Republic of 
China. This review covers one manufacturer/exporter of the subject 
merchandise to the United States. The merchandise covered by this order 
are persulfates, including ammonium, potassium, and sodium persulfates. 
The period of review is July 1, 2001, through June 30, 2002.
    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations. See the section entitled 
``Changes Since the Preliminary Results'' listed below. The final 
weighted-average dumping margin is listed below in the section entitled 
``Final Results of the Review.''

EFFECTIVE DATE: December 5, 2003.

FOR FURTHER INFORMATION CONTACT: Mike Strollo or Greg Kalbaugh, AD/CVD 
Enforcement, Group I, Office 2, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-0629 and (202) 482-3693, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 31, 2003, the Department published the preliminary results 
of the 2001-2002 administrative review of the antidumping duty order on 
persulfates from the People's Republic of China (PRC). See Persulfates 
from the People's Republic of China: Preliminary Results of Antidumping 
Duty Administrative Review, and Partial Rescission of Administrative 
Review, 68 FR 44921 (July 31, 2003) (Preliminary Results). This review 
covers one exporter, Shanghai Ai Jian Import & Export Corporation (Ai 
Jian).
    We invited interested parties to comment on the preliminary results 
of review. The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of Review

    The products covered by this review are persulfates, including 
ammonium, potassium, and sodium persulfates. The chemical formula for 
these persulfates are, respectively, (NH[bdi4])[bdi2]S[bdi2]O[bdi8], 
K[bdi2]S[bdi2]O[bdi8], and Na[bdi2]S[bdi2]O[bdi8]. Ammonium and 
potassium persulfates are currently classifiable under subheading 
2833.40.60 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Sodium persulfate is classifiable under HTSUS subheading 
2833.40.20. Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
review is dispositive.

Separate Rates

    Ai Jian has requested a separate, company-specific antidumping duty 
rate. In our preliminary results, we found that Ai Jian had met the 
criteria for the application of a separate antidumping duty rate. See 
Preliminary Results, 68 FR at 44921. We have not received any other 
information since the preliminary results which would warrant 
reconsideration of our separate rates determination with respect to 
this company. We therefore determine that Ai Jian should be assigned an 
individual dumping margin in this administrative review.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Jeffrey May, Deputy Assistant 
Secretary, Group I, to James Jochum, Assistant Secretary for Import 
Administration, dated November 28, 2003, which is adopted by this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memo, is attached to 
this notice as an Appendix. Parties can find a complete discussion of 
all issues raised in this review and the corresponding recommendations 
in this public memorandum, which is on file in the Central Records Unit 
in Room B-099 of the main Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov. The paper copy 
and electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    For purposes of the final results, we have made certain changes in 
the margin calculation for Ai Jian. For a discussion of these changes, 
see the ``Margin Calculations'' section of the Decision Memo.
    [sbull] We removed a figure which was inadvertently included in the 
denominators of both the selling, general and administrative expense, 
and profit ratio calculations. See Comment 1 of the Decision Memo.
    [sbull] We eliminated the purity adjustment applied to one of the 
inputs used by Ai Jian in the production of persulfates because Ai Jian 
failed to provide adequate support for that adjustment. See Comment 5 
of the Decision Memo.

Final Results of the Review

    We determine that the following percentage weighted-average margin 
exists for the period July 1, 2001 through June 30, 2002:

------------------------------------------------------------------------
                   Manufacturer/exporter                        Margin
------------------------------------------------------------------------
Shanghai Ai Jian Import & [chyph]Export Corporation........         0.00
                                                                 percent
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries. For 
assessment purposes, we do not have the information to calculate 
entered value because Ai Jian is not the importer of record for the 
subject merchandise. Accordingly, we have calculated customer-specific 
duty assessment rates for the merchandise in question by aggregating 
the dumping margins calculated for all U.S. sales to each customer and 
dividing this amount by the total quantity of those sales. To determine 
whether the duty assessment rates were de minimis, in accordance with 
the requirement set forth in 19 CFR 351.106(c)(2), we calculated 
customer-specific ad valorem ratios based on export prices. We will 
direct CBP to assess the resulting assessment rates uniformly on all 
entries of that particular customer made during the period of review. 
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate 
without regard to antidumping

[[Page 68031]]

duties any entries for which the assessment rate is de minimis. The 
Department will issue appropriate assessment instructions directly to 
CBP within 15 days of publication of these final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of this antidumping duty 
administrative review for all shipments of persulfates from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(1) of the Act: (1) 
for Ai Jian, the cash deposit rate will be zero; (2) for previously 
reviewed or investigated companies not listed above that have separate 
rates, the cash deposit rate will continue to be the company-specific 
rate published for the most recent period; (3) the cash deposit rate 
for all other PRC exporters will be 119.02 percent, the PRC-wide rate 
established in the less than fair value investigation; and (4) the cash 
deposit rate for non-PRC exporters of subject merchandise from the PRC 
will be the rate applicable to the PRC supplier of that exporter.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.
    This notice serves as the only 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 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.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 777(i) of the Act.

    Dated: November 28, 2003.
James Jochum,
Assistant Secretary for Import Administration.

Appendix Issues in Decision Memo

Comment 1: Production Process of the Proposed Surrogate Producer and 
Whether National Peroxide Limited is a More Appropriate Surrogate 
Producer
Comment 2: Experience of Other Chemical Producers As Compared to that 
of the Proposed Surrogate Producer
Comment 3: Whether the Proposed Surrogate's Receipt of Government 
Subsidies Distorts Its SG&A Ratio
Comment 4: Reported Scope of the Proposed Surrogate's Business
Comment 5: Whether to Apply a Specificity Ratio to one of Ai Jian's 
Factor Input Usage
[FR Doc. 03-30259 Filed 12-4-03; 8:45 am]
BILLING CODE 3510-DS-S