[Federal Register Volume 69, Number 138 (Tuesday, July 20, 2004)]
[Notices]
[Pages 43388-43389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16466]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-867]


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Automotive Replacement Glass Windshields From the People's 
Republic of China

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

ACTION: Notice of Final Results of Antidumping Duty Changed 
Circumstances Review.

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SUMMARY: On March 8, 2004, the Department of Commerce (``Department'') 
published a notice of initiation of changed circumstances review of the 
antidumping duty order on Automotive Replacement Glass (``ARG'') 
Windshields from the People's Republic of China (``PRC'') to determine 
whether Shenzhen CSG Automotive Glass Co., Ltd. (``Shenzhen CSG'') is 
the successor-in-interest to Shenzhen Benxun AutoGlass Co., Ltd. 
(``Shenzhun Benxun'') for purposes of determining antidumping 
liabilities. See Initiation of Antidumping Duty Changed Circumstances 
Review: Automotive Replacement Glass Windshields from the People's 
Republic of China, 69 FR 10655 (March 8, 2004) (``Notice of 
Initiation''). On June 7, 2003, the Department published its 
preliminary results of this changed circumstance review and 
preliminarily determined that Shenzhen CSG is the successor-in-interest 
to Shenzhun Benxun, for purposes of determining antidumping duty 
liability in this proceeding. See Notice of Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Automotive Replacement 
Glass Windshields from the People's Republic of China, 69 FR 31789 
(June 7, 2004) (``Preliminary Results''). We provided interested 
parties an opportunity to comment on the preliminary results. We did 
not receive any comments. Therefore, the final results of review do not 
differ from the preliminary results of review.

EFFECTIVE DATE: July 20, 2004.

FOR FURTHER INFORMATION CONTACT: Jon Freed or Robert Bolling, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-3818 or (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 4, 2002, the Department of Commerce (``the Department'') 
published in the Federal Register the antidumping duty order on ARG 
windshields from the PRC. See Antidumping Duty Order: Automotive 
Replacement Glass Windshields from the People's Republic of China, 67 
FR 16087 (April 4, 2002). On April 7, 2003, the Department published a 
notice of opportunity to request an administrative review of the 
antidumping duty order on ARG windshields from the PRC for the period 
September 19, 2001, through March 31, 2003. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity to Request Administrative Review, 68 FR 16761 (April 7, 
2003). On April 30, 2003, the Department received a letter on behalf of 
Shenzhen CSG requesting an administrative review of its sales and 
entries of subject merchandise. In its request, Shenzhen CSG indicated 
that it had undergone a name change, and that it had formerly been 
known as Shenzhen Benxun. Shenzhen Benxun was a respondent in the 
original investigation of this case. The request for review did not 
include a request for a changed circumstance review to determine 
whether Shenzhen CSG was in fact a successor in interest to Shenzhen 
Benxun.
    On May 21, 2003, in response to timely requests from respondents 
subject to the order on ARG windshields from the PRC, the Department 
published in the Federal Register a notice of initiation of an 
antidumping duty administrative review of sales by ten respondents, 
including Shenzhen CSG (formerly known as Shenzhen Benxun) of ARG 
windshields from the PRC for the period September 19, 2001, through 
March 31, 2003. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 68 FR 27781 
(May 21, 2003). On June 3, 2003, the Department issued antidumping duty 
questionnaires to the ten respondents, including Shenzhen CSG (formerly 
known as Shenzhen Benxun). On July 8, 2003, the Department received a 
letter from Shenzhen CSG (formerly known as Shenzhen Benxun) 
withdrawing its request for an administrative review of its sales and 
entries of subject merchandise exported to the United States and 
covered by the antidumping duty order on ARG windshields from the PRC. 
On September 8, 2003, the Department published in the Federal Register 
a notice of partial rescission of the administrative review on ARG 
windshields from the PRC, which included a rescission of the 
administrative review of sales and entries from Shenzhen CSG (formerly 
known as Shenzhen Benxun). On December 29, 2003, the Department 
instructed Customs and Border Protection (``Customs'') to liquidate 
entries from Shenzhen Benxun at its company-specific rate, but to 
liquidate entries from Shenzhen CSG at the PRC-wide rate because the 
Department never had an opportunity to determine whether Shenzhen CSG 
was a successor-in-interest to Shenzhen Benxun. On January 12, 2004, 
the Department received a letter on behalf of Shenzhen CSG (formerly 
known as Shenzhen Benxun) requesting the Department to amend its 
instructions that it sent to Customs that direct Customs to liquidate 
all of Shenzhen CSG's entries at the PRC-wide rate. Shenzhen CSG 
asserted that Shenzhen Benxun changed its name to Shenzhen CSG and that 
entries from Shenzhen CSG should be entitled to Shenzhen Benxun's cash 
deposit rate.
    On March 8, 2004, the Department published a notice of initiation 
of

[[Page 43389]]

changed circumstances review of the antidumping duty order on ARG 
Windshields from the PRC to determine whether Shenzhen CSG is the 
successor-in-interest to Shenzhun Benxun for purposes of determining 
antidumping liabilities. See Notice of Initiation. On March 17, 2004, 
the Department issued a successorship questionnaire to Shenzhun Benxun. 
Shenzhen Benxun submitted its response to the Department's 
successorship questionnaire on April 6, 2004 (``Shenzhen Benxun's 
Response''). On June 7, 2003, the Department published its preliminary 
results of review and preliminarily determined that Shenzhen CSG is the 
successor-in-interest to Shenzhun Benxun, for purposes of determining 
antidumping duty liability in this proceeding. See Preliminary Results. 
The Department did not receive any comments regarding its preliminary 
results of review.

Scope of the Review

    The products covered by this review are ARG windshields, and parts 
thereof, whether clear or tinted, whether coated or not, and whether or 
not they include antennas, ceramics, mirror buttons or VIN notches, and 
whether or not they are encapsulated. ARG windshields are laminated 
safety glass (i.e., two layers of (typically float) glass with a sheet 
of clear or tinted plastic in between (usually polyvinyl butyral)), 
which are produced and sold for use by automotive glass installation 
shops to replace windshields in automotive vehicles (e.g., passenger 
cars, light trucks, vans, sport utility vehicles, etc.) that are 
cracked, broken or otherwise damaged.
    ARG windshields subject to this review are currently classifiable 
under subheading 7007.21.10.10 of the Harmonized Tariff Schedules of 
the United States (HTSUS). Specifically excluded from the scope of this 
investigation are laminated automotive windshields sold for use in 
original assembly of vehicles. While HTSUS subheadings are provided for 
convenience and Customs purposes, our written description of the scope 
of this review is dispositive.

Final Results of the Changed Circumstances Review

    In its Preliminary Results, the Department preliminarily determined 
that Shenzhen CSG should be given the same antidumping duty treatment 
as Shenzhen Benxun. The Department did not receive any comments from 
interested parties. Therefore, the Department has determined that 
Shenzhen CSG is the successor-in-interest to Shenzhen Benxun. 
Consequently, we have determined that Shenzhen CSG will receive the 
same antidumping duty cash deposit rate as Shenzhen Benxun.

Instructions to the Customs Service

    The cash deposit determination from this changed circumstances 
review will apply to all entries of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this changed circumstances review. 
See Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Pressure Sensitive Plastic Tape From Italy 69 FR 15297, 15298 
(March 25, 2004), see also, Certain Hot-Rolled Lead and Bismuth Carbon 
Steel Products From the United Kingdom: Final Results of Changed-
Circumstances Antidumping and Countervailing Duty Administrative 
Reviews 64 FR 66880, 66881 (November 30, 1999). This deposit rate shall 
remain in effect until publication of the final results of the next 
administrative review in which Shenzhen CSG participates.

Notification

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.306 of the Department's regulations. 
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 sanctionable 
violation. This notice is in accordance with sections 751(b) and 
777(i)(1) of the Tariff Act of 1930, as amended, and section 
351.221(c)(3)(i) of the Department's regulations.

    Dated: July 14, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-16466 Filed 7-19-04; 8:45 am]
BILLING CODE 3510-DS-P