[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Notices]
[Pages 6836-6837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-537]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-847]


Persulfates from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 6, 2004, the Department of Commerce (the Department) 
published the preliminary results of the antidumping duty 
administrative review of persulfates from the People's Republic of 
China (the PRC). This review covers one exporter of the subject 
merchandise, Shanghai AJ Import & Export Corporation (Ai Jian). The 
period of review is July 1, 2002, through June 30, 2003. Based on our 
analysis of the comments received, we have made certain changes in the 
margin calculations. See the section entitled ``Changes Since the 
Preliminary Results'' listed below. The final weighted-average dumping 
margin is listed below in the section entitled ``Final Results of the 
Review.''

EFFECTIVE DATE: February 9, 2005.

FOR FURTHER INFORMATION CONTACT: Tisha Loeper-Viti or Erol Yesin, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
7425 and (202) 482-4037, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2004, the Department published the preliminary results 
of the 2002-2003 administrative review of the antidumping duty order on 
persulfates from the PRC. See Persulfates from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review, 
69 FR 47887 (August 6, 2004) (Preliminary Results). In these results 
the Department relied on the financial statement of a single Indian 
producer of identical merchandise to calculate surrogate financial 
ratios for Ai Jian. On October 29, 2004, we recalculated our 
preliminary results using the financial statements of two Indian 
producers of comparable merchandise to calculate surrogate financial 
ratios. For details, see Memorandum on Recalculation of Preliminary 
Results of Review from Jeffrey A. May, Deputy Assistant Secretary, to 
James J. Jochum, Assistant Secretary for Import Administration, dated 
October 29, 2004. We invited interested parties to comment on both the 
preliminary and recalculated preliminary results of review. The 
Department has conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of Review

    The products covered by this order are persulfates, including 
ammonium, potassium, and sodium persulfates. The chemical formula for 
these persulfates are, respectively, (NH[bdi4])[bdi2]S[bdi2]O[bdi8], 
K[bdi2]S[bdi2]O[bdi8], and Na[bdi2]S[bdi2]O[bdi8]. Potassium 
persulfates are currently classifiable under subheading 2833.40.10 of 
the Harmonized Tariff Schedule of the United States (HTSUS). Sodium 
persulfates are classifiable under HTSUS subheading 2833.40.20. 
Ammonium and other persulfates are classifiable under HTSUS subheadings 
2833.40.50 and 2833.40.60. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of this order is dispositive.

Separate Rates

    Ai Jian has requested a separate, company-specific antidumping duty 
rate. In our preliminary results, we found that Ai Jian had met the 
criteria for the application of a separate antidumping duty rate. See 
Preliminary Results, 69 FR at 47888. We have not received any other 
information since the preliminary results which would warrant 
reconsideration of our separate-rates determination with respect to 
this company. Therefore, we have assigned an individual dumping margin 
to Ai Jian for this administrative review.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the Issues and Decision 
Memorandum (Decision Memo) from Barbara E. Tillman, Acting Deputy 
Assistant Secretary for Import Administration, to Joseph A. Spetrini, 
Acting Assistant Secretary for Import Administration, dated February 2, 
2005, which is adopted by this notice. A list of the issues which 
parties have raised and to which we have responded, all of which are in 
the Decision Memo, is attached to this notice as an Appendix. 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 the Central Records Unit 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.

[[Page 6837]]

The paper copy and electronic version of the Decision Memo are 
identical in content.

Changes from the Preliminary Results

    For purposes of the final results, we have made certain changes in 
the margin calculation for Ai Jian. For a discussion of these changes, 
see the ``Margin Calculations'' section of the Decision Memo.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average percentage margin exists for the period July 1, 2002, 
through June 30, 2003:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Shanghai Ai Jian Import and Export Corporation..............        3.30
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated 
customer-specific assessment rates by dividing the dumping margin found 
on the subject merchandise examined by the entered value of such 
merchandise. Where the importer-specific assessment rate is above de 
minimis we will instruct CBP to assess antidumping duties on that 
importer's entries of subject merchandise. The Department will issue 
appropriate assessment instructions directly to the CBP within 15 days 
of publication of these final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of administrative review, as provided by section 751(a) 
of the Act: (1) for Ai Jian, the cash-deposit rate will be 3.30 
percent; (2) for previously reviewed or investigated companies not 
listed above that have separate rates, the cash-deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) the cash-deposit rate for all other PRC exporters will be 
119.02 percent, the PRC-wide rate established in the less-than-fair-
value investigation; and (4) the cash-deposit rate for non-PRC 
exporters of subject merchandise from the PRC will be the rate 
applicable to the PRC supplier of that exporter. These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.

Notification to Interested Parties

    This notice also serves as the final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 in the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 2, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.

Appendix

Comments and Responses:

Comment 1: Use of financial statements from Asian Peroxides, Limited 
(APL) and National Peroxides Limited (NPL), producers of comparable 
merchandise
Comment 2: Use of financial statements of Gujarat and Calibre to 
calculate a surrogate SG&A ratio
Comment 3: Use of financial information from ``potentially sick'' 
companies
Comment 4: Categorization of ``consumables consumed'' in APL's 
financial statement
Comment 5: Offset of APL and NPL's SG&A expenses with interest and 
dividend income
Comment 6: SG&A labor
Comment 7: Use of NPL's most contemporaneous financial statement
Comment 8: Affiliation between Chinese exporter and U.S. customer
Comment 9: Surrogate labor rate
Comment 10: seb APPENDTreatment of non-dumped sales
[FR Doc. E5-537 Filed 2-8-05; 8:45 am]
BILLING CODE 3510-DS-S