[Federal Register Volume 69, Number 18 (Wednesday, January 28, 2004)]
[Notices]
[Pages 4108-4109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1832]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Final Results of Antidumping Administrative Review: Foundry Coke 
From the People's Republic of China

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

ACTION: Notice of final results in the antidumping duty administrative 
review of foundry coke from the People's Republic of China.

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SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on foundry coke 
from the People's Republic of China (``PRC'') in response to requests 
from ABC Coke, Citizens Gas & Coke Utility, Erie Coke Corporation, 
Sloss Industries Corporation, and Tonawanda Coke Corporation 
(collectively, ``Domestic Producers'' or ``Petitioners''). The period 
of review (``POR'') is from March 8, 2001, through August 31, 2002.
    We received no comments on the preliminary results, and we have 
made no changes in our analysis. Therefore, the final results do not 
differ from the preliminary results. The final weighted-average dumping 
margin for the reviewed firm is listed below in the section entitled 
``Final Results of the Review.''

EFFECTIVE DATE: January 28, 2004.

FOR FURTHER INFORMATION CONTACT: Michael Holton, Office of AD/CVD 
Enforcement 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1324.

Background

    On October 7, 2003, the Department published in the Federal 
Register the preliminary results of its administrative review of the 
antidumping duty order on foundry coke from the People's Republic of 
China. See Notice of Preliminary Results of Antidumping Duty 
Administrative Review: Foundry Coke from the People's Republic of 
China, 68 FR 57869 (October 7, 2003) (``Preliminary Results''). We 
invited parties to comment on our preliminary results of the 
administrative review. No party submitted comments on our preliminary 
results. We have now completed the administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (``the 
Act'').

Scope of Review

    For purposes of this investigation, the product covered is coke 
larger than 100 mm (4 inches) in maximum diameter and at least 50 
percent of which is retained on a 100-mm (4 inch) sieve, of a kind used 
in foundries.
    The foundry coke products subject to this investigation were 
classifiable under subheading 2704.00.00.10 (as of January 1, 2000) and 
are currently classifiable under subheading 2704.00.00.11 (as of July 
1, 2000) of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheadings are provided for 
convenience and U.S. Customs and Border Protection (``CBP'') purposes, 
our written description of the scope of this investigation is 
dispositive.

[[Page 4109]]

Analysis of Comments Received

    Because no interested party submitted comments, the Department 
hereby adopts all findings from the Preliminary Results in these final 
results.

Final Results of Review

    As a result of the application of adverse facts available, we 
determine that the following percentage dumping margin exists for the 
period March 8, 2001, through August 31, 2002.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
               Producer/manufacturer/exporter                   margin
                                                              (percent)
------------------------------------------------------------------------
CITIC Trading Company, Ltd.................................       214.89
------------------------------------------------------------------------

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries. The Department will issue 
appraisement instructions directly to CBP. In accordance with 19 CFR 
351.212(b), we have calculated exporter/importer-specific assessment 
rates. We will direct CBP to assess the resulting percentage margin 
against the entered CBP values for the subject merchandise on the 
importer's entries under the relevant order during the review period 
(see 19 CFR 351.212(b)(1)).

Cash Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of this notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided for by section 751(a)(2)(C) of the Act: (1) The cash 
deposit for the reviewed company will be the rate shown above; (2) for 
all previously investigated companies which have a separate rate, the 
cash-deposit rates will continue to be the company specific rates 
published for the most recent period; (3) for all other PRC exporters, 
including CITIC, the cash-deposit rate will be the PRC countrywide 
rate, which is 214.89 percent; and (4) for all non-PRC exporters of 
subject merchandise, the cash-deposit rate will be the rate applicable 
to the PRC exporter that supplied that exporter. These deposit 
requirements, when imposed, shall remain in effect until publication of 
the final results of the next administrative review.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 22, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-1832 Filed 1-27-04; 8:45 am]
BILLING CODE 3510-DS-P