[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Notices]
[Pages 45675-45676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17422]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-501]


Natural Bristle Paintbrushes and Brush Heads from the People's 
Republic of China: Rescission of Antidumping Duty New Shipper Review of 
Changshan Import/Export Co., Ltd.

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: On September 30, 2003, the Department initiated new shipper 
reviews of the antidumping duty order on natural bristle paintbrushes 
and brush heads from the People's Republic of China covering the period 
February 1, 2003, through July 31, 2003. See Natural Bristle 
Paintbrushes and Brush Heads from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Reviews, 68 FR 57876 
(October 7, 2003 ) (Initiation Notice). These new shipper reviews 
covered two exporters: Shanghai R&R Imp./Exp. Co., Ltd. (Shanghai R&R) 
and Changshan Import/Export Co., Ltd. (Changshan Ltd.). For the reasons 
discussed below, we are rescinding the review of Changshan Ltd.

EFFECTIVE DATE: July 30, 2004.

FOR FURTHER INFORMATION CONTACT: Dara Iserson or Thomas Gilgunn at 
(202) 482-4052 and (202) 482-4236, respectively; Office of AD/CVD 
Enforcement 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 14, 2003, the Department received a timely request for a 
new shipper review of the antidumping duty order on natural bristle 
paintbrushes and brush heads from the People's Republic of China (PRC) 
from Changshan Ltd., an exporter of subject merchandise to the United 
States. On September 30, 2003, the Department initiated this new 
shipper review covering the period February 1, 2003, through July 31, 
2003. See Initiation Notice. On June 15, 2004, Changshan Ltd. withdrew 
its request for review. Furthermore, on June 16, 2004, counsel notified 
the verification team that Changshan Ltd. would not participate in 
verification for its responses. (See Memorandum to File entitled 
``Refusal of Verification by Changshan Ltd.'' dated July 16, 2004, 
which is on file in the Central Records Unit, Room B-099, Department of 
Commerce.)

Scope of the Antidumping Duty Order:

    The products covered by the order are natural paintbrushes from the 
PRC. Excluded from the order are paintbrushes and brush heads with a 
blend of 40 percent natural bristles and 60 percent synthetic 
filaments. The merchandise under review is currently classifiable under 
item 9603.40.40.40 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, the Department's written description 
of the merchandise is dispositive.

Rescission of New Shipper Review

    Pursuant to section 351.214(f)(1) of the Department's regulations, 
the Department may rescind a new shipper review if a party that 
requested a review withdraws its request not later than 60 days after 
the date of publication notice of initiation of the requested review. 
As noted, Changshang Ltd. withdrew its request for a new shipper review 
on June 15, 2004, after the 60-day time limit. Although Changshan Ltd. 
withdrew its request after the 60-day deadline, we find no compelling 
reason not to permit withdrawal of the request for this new shipper 
review. Specifically, we had not started calculating a margin for 
Changshan Ltd. nor we had not yet started to verify Changshan Ltd.'s 
data. Furthermore, we did not receive any submissions opposing 
Changshan Ltd.'s withdrawal of its request for review. For these 
reasons, we have accepted Changshan Ltd.'s withdrawal and are 
rescinding the new shipper review of the antidumping duty order on 
natural bristle paintbrushes and brush heads from the People's Republic 
of China (PRC) with respect to Changshan Ltd. in accordance with 
section 351.214(f)(1) of the Department's regulations.

Cash Deposits

    The Department will notify U.S. Customs and Border Protection (CBP) 
that bonding is no longer permitted to fulfill security requirements 
for shipments from Changshan Ltd. of natural bristle paintbrushes and 
brush heads from the PRC entered, or withdrawn from warehouse, for 
consumption in the United States on or after the publication of this 
notice of rescission of antidumping duty new shipper review in the 
Federal Register. Further, effective upon publication of this notice 
for all shipments of the subject merchandise exported by Changshan Ltd. 
and entered, or withdrawn from warehouse, for consumption, the cash 
deposit rate will be the PRC-wide rate, which is 351.92 percent.

Assessment of Antidumping Duties

    The Department shall instruct CBP to assess antidumping duties on 
all appropriate entries. Since we are rescinding this antidumping duty 
new shipper review with respect to Changshan Ltd., the PRC-wide rate of 
351.92 percent in effect at the time of entry applies to all exports of 
natural bristle paintbrushes and brush heads from the PRC by Changshan 
Ltd.

[[Page 45676]]

entered, or withdrawn, from warehouse for consumption during the period 
of review (February 1, 2003, through July 31, 2003). The Department 
will issue appropriate assessment instructions directly to CBP within 
15 days of publication of this notice of rescission of antidumping duty 
new shipper review.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
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 double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written notification of the return/destruction of 
APO material 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 sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act 
of 1930, as amended.

    Dated: July 22, 2004.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-17422 Filed 7-29-04; 8:45 am]
BILLING CODE 3510-DS-S