[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Pages 70233-70235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3458]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-895]


Notice of Final Determination of Sales at Less Than Fair Value 
and Affirmative Final Determination of Critical Circumstances: Certain 
Crepe Paper From the People's Republic of China

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

DATES: Effective Date: December 3, 2004.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva at (202) 482-3208 or 
Hallie Noel Zink at (202) 482-6907; AD/CVD Operations, Office 9, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Case History

    The preliminary determination in this investigation was published 
on September 21, 2004. See Notice of Preliminary Determination of Sales 
at Less Than Fair Value: Certain Tissue Paper Products and Certain 
Crepe Paper Products From The People's Republic of China, 69 FR 56407 
(September 21, 2004) (``Preliminary Determination''). Since the 
publication of the Preliminary Determination, the following events have 
occurred.
    On October 21, 2004 Fujian Xinjifu Enterprises Co. Ltd. (``Fujian 
Xinjifu'') submitted to the Department a letter confirming their 
decision not to participate in the verification of its Section A 
response in the above-referenced investigation.
    On October 26, 2004 the Department notified all interested parties 
that briefs for the final determination in this investigation were due 
on November 1, 2004 and that rebuttal briefs were to be submitted by 
November 8, 2004. The Department did not receive either briefs or 
rebuttal briefs from any interested parties. See Preliminary 
Determination for a history of all previous comments submitted in this 
case.

Scope of Investigation

    Crepe paper products subject to this investigation have a basis 
weight not exceeding 29 grams per square meter prior to being creped 
and, if appropriate, flame-proofed. Crepe paper has a finely wrinkled 
surface texture and typically but not exclusively is treated to be 
flame-retardant. Crepe paper is typically but not exclusively produced 
as streamers in roll form and packaged in plastic bags. Crepe paper may 
or may not be bleached, dye-colored, surface-colored, surface decorated 
or printed, glazed, sequined, embossed, die-cut, and/or flame-
retardant. Subject crepe paper may be rolled, flat or folded, and may 
be packaged by banding or wrapping with paper, by placing in plastic 
bags, and/or by placing in boxes for distribution and use by the 
ultimate consumer. Packages of crepe paper subject to this 
investigation may consist solely of crepe paper of one color and/or 
style, or may contain multiple colors and/or styles.
    The merchandise subject to this investigation does not have 
specific classification numbers assigned to it under the Harmonized 
Tariff System of the United States (``HTSUS''). Subject merchandise may 
be under one or more of several different HTSUS subheadings, including: 
4802.30; 4802.54; 4802.61; 4802.62; 4802.69; 4804.39; 4806.40; 4808.30; 
4808.90; 4811.90; 4818.90; 4823.90; 9505.90.40. The tariff 
classifications are provided for convenience and customs purposes; 
however, the written description of the scope of this investigation is 
dispositive.

Period of Investigation (``POI'')

    The POI is July 1, 2003, through December 31, 2003. This period 
corresponds to the two most recent fiscal quarters prior to the month 
of the filing of the Petition (February 17, 2004). See 19 CFR 
351.204(b)(1).

Facts Available

    In the Preliminary Determination, we based the dumping margin for 
the mandatory respondents, Fuzhou Light Industry Import and Export Co., 
Ltd (``Fuzhou Light'') and Fuzhou Magicpro Gifts Co., Ltd. 
(``Magicpro''), on adverse

[[Page 70234]]

facts available pursuant to sections 776(a)(2) and (b) of the Tariff 
Act of 1930, as amended (``the Act''). See Preliminary Determination, 
69 FR at 56412. The use of adverse facts available was warranted in 
this investigation because both Fuzhou Light and Magicpro informed the 
Department that they no longer wished to participate in this 
investigation. Id. Fuzhou Light and Magicpro's withdrawal resulted in 
the failure to provide information by the deadline or in the form or 
manner requested and, therefore, the Department used facts otherwise 
available pursuant to section 776(a)(2) of the Act in reaching the 
applicable determination. Furthermore, Fuzhou Light's and Magicpro's 
withdrawals constituted failures to cooperate to the best of their 
ability in the investigation and, therefore, the Department applied an 
adverse inference pursuant to section 776(b) of the Act in selecting 
from the facts available. As adverse facts available, we assigned 
Fuzhou Light and Magicpro the People's Republic of China (``PRC'')-wide 
rate. Id. A complete explanation of the selection, corroboration, and 
application of adverse facts available can be found in the Preliminary 
Determination. See Preliminary Determination, 69 FR at 56412-56414. 
Since the publication of the Preliminary Determination, no interested 
parties have commented on our application of adverse facts available to 
the mandatory respondents with respect to the Preliminary 
Determination. Accordingly, for the final determination, we continue to 
use the margin listed in the Preliminary Determination, for the reasons 
stated therein. The ``PRC-wide'' rate remains unchanged as well.
    The Department explained in the Preliminary Determination that 
there were no other estimated margins available for the Section A 
respondents, apart from the single price-to-normal value dumping margin 
in the petition. Therefore, we applied the petition margin of 266.83 
percent as the rate for the crepe paper Section A respondents. See 
Preliminary Determination, 69 FR at 56414. No interested parties 
commented on our application of the petition margin to the crepe paper 
Section A respondents. As a result, we continue to use the margin 
listed in the Preliminary Determination, for the reasons stated 
therein.
    As noted above, Fujian Xinjifu did not participate in the 
verification of its Section A response. As a result, Fujian Xinjifu has 
not overcome the presumption that it is part of the PRC-wide entity 
and, therefore, will be subject to the PRC-wide rate. See Memorandum to 
the File, dated October 22, 2004. The Department did not verify the 
responses of the other Section A respondents, Everlasting Business and 
Industry Co. Ltd., Fujian Nanping Investment and Enterprise Co., Ltd., 
and Ningbo Spring Stationary Co., Ltd. Nevertheless, the Department 
continues to grant a separate rate to each of these Section A 
respondents because determining otherwise would hold them accountable 
for the Department's inability to verify them. Specifically, the 
Department intended to verify the three largest respondents, by volume, 
in this investigation, Fuzhou Light and Magicpro, the mandatory 
respondents, and Fujian Xinjifu, the largest Section A respondent. As 
stated above, the mandatory respondents withdrew their participation in 
the investigation, and Fujian Xinjifu declined to participate in 
verification. Fujian Xinjifu's letter declining participation in 
verification came shortly before verification was scheduled to begin, 
which prevented the Department from scheduling verification of any of 
the three remaining Section A respondents. In light of these 
circumstances, and the fact that no information has been presented to 
cast doubt on the veracity of the responses of the Section A 
respondents, the Department determines that the three remaining Section 
A respondents continue to be entitled to separate rates. As stated 
above, the separate rate for each of the Section A respondents remains 
equal to the petition margin of 266.83 percent, as in the Preliminary 
Determination.

Critical Circumstances

    On June 18, 2004 Seaman Paper Company of Massachusetts, Inc.; 
American Crepe Corporation; Eagle Tissue LLC; Garlock Printing and 
Converting, Inc.; and the Paper, Allied-Industrial, Chemical and Energy 
Workers International Union AFL-CIO, CLC (``Petitioners'') submitted an 
allegation of critical circumstances with respect to the antidumping 
duty investigation of certain crepe paper from the PRC. On September 
21, 2004, the Department issued its Preliminary Determination that it 
had reason to believe or suspect critical circumstances exist with 
respect to imports of certain crepe paper from the PRC. See Preliminary 
Determination, 69 FR at 56409 and 56417-56418. The Department did not 
receive any briefs or rebuttal briefs from interested parties. 
Therefore, for the reasons set forth in the Preliminary Determination, 
we continue to find that critical circumstances exist for all imports 
of certain crepe paper from the PRC including imports from the 
mandatory respondents, the Section A respondents and the PRC-wide 
entity.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of crepe paper from the PRC that are 
entered, or withdrawn from warehouse, for consumption on or after 90 
days before the date of publication of the Preliminary Determination. 
CBP shall continue to require a cash deposit or posting of a bond equal 
to the estimated amount by which the normal value exceeds the U.S. 
price as shown below. These suspension of liquidation instructions will 
remain in effect until further notice.
    We determine that the following dumping margins exist for the POI:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Fuzhou Light...............................................       266.83
Magicpro...................................................       266.83
Everlasting Business and Industry Co. Ltd..................       266.83
Fujian Nanping Investment and Enterprise Co., Ltd..........       266.83
Ningbo Spring Stationary Co., Ltd..........................       266.83
PRC-Wide Rate..............................................       266.83
------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. The ITC will 
determine, within 45 days, whether imports of subject merchandise from 
the PRC are causing material injury, or threaten material injury, to an 
industry in the United States. If the ITC determines that material 
injury or threat of injury does not exist, this proceeding will be 
terminated and all securities posted will be refunded or canceled. If 
the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order directing CBP officials to assess 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.
    This notice also serves as a 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. Timely notification of return/
destruction of

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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.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3458 Filed 12-2-04; 8:45 am]
BILLING CODE 3510-DS-P