[Federal Register Volume 69, Number 128 (Tuesday, July 6, 2004)]
[Notices]
[Pages 40601-40602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15230]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-002]


Chloropicrin From the People's Republic of China; Final Results 
of the Expedited Sunset Review of Antidumping Duty Order

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

ACTION: Expedited sunset review of antidumping duty order on 
Chloropicrin from the People's Republic of China; final results.

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SUMMARY: On March 1, 2004, the Department of Commerce (``the 
Department'') published a notice of initiation of sunset review on 
chloropicrin from the People's Republic of China (``China''). On the 
basis of the notice of intent to participate, adequate substantive 
comments filed on behalf of the domestic interested parties, and an 
inadequate response (in this case, no response) from respondent 
interested parties, we determined to conduct an expedited, 120-day 
sunset review. As a result of this review, we find that revocation of 
the antidumping duty order would be likely to lead to continuation or 
recurrence of dumping at the levels listed below in the section 
entitled ``Final Results of Review.''

DATES: Effective July 6, 2004.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC, 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2004, the Department published the notice of initiation 
of sunset review of the antidumping duty order on chloropicrin from 
China pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the ``Act'').\1\ The Department received Notice of Intent to 
Participate on behalf of Ashta Chemicals, Inc., Arvesta Corporation, 
Niklor Chemical Company, and Trinity Manufacturing Inc., (collectively, 
``the domestic interested parties''), within the deadline specified in 
section 351.218(d)(1)(i) of the Department's Regulations (``Sunset 
Regulations''). The domestic interested parties claimed interested 
party status under Section 771(9)(C) of the Act as U.S. producers of 
chloropicrin. We received a complete response from the domestic 
interested parties within the 30-day deadline specified in the Sunset 
Regulations under section 351.218(d)(3)(i). We received no response 
from any interested party respondents in this proceeding. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited, 120-
day, sunset review of this antidumping duty order.
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 69 FR 9585 ( 
March 1, 2004).
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    This order remains in effect for all Chinese manufacturers, 
producers, and exporters.

Scope of the Order

    The merchandise subject to this antidumping duty order is 
chloropicrin, also known as trichloronitromethane. A major use of the 
product is as a pre-plant soil fumigant (pesticide). Such merchandise 
is currently classifiable under Harmonized Tariff Schedule (HTS) item 
number 2904.90.50. The HTS item number is provided for convenience and 
customs purposes. The written description remains dispositive.

Analysis of Comments Received

    All issues raised in this case are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to Jeffrey A. 
May, Acting Assistant Secretary for Import

[[Page 40602]]

Administration, dated June 29, 2004, which is hereby adopted by this 
notice. The issues discussed in the Decision Memo include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail if the finding were to be revoked. 
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 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/frn, under the 
heading ``July 2004.'' The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on 
chloropicrin from China would be likely to lead to continuation or 
recurrence of dumping at the following percentage weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Manufacturers/Exporters/Producers                  margin
                                                              (percent)
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China National Chemicals Import and Export Corporation             58.00
 (SINOCHEM)................................................
China-wide rate............................................        58.00
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(I) of the Act.

    Dated: June 29, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-15230 Filed 7-2-04; 8:45 am]
BILLING CODE 3510-DS-P