[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Pages 58382-58383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5513]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-804]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 1, 2005, the Department of Commerce (``the 
Department'') initiated the sunset review of the antidumping duty order 
on sparklers from the People's Republic of China (``China'') pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). 
On the basis of Notices of Intent to Participate, adequate substantive 
responses filed on behalf of domestic interested parties, and lack of 
response from respondent interested parties, the Department conducted 
an expedited (120-day) sunset review. As a result of this sunset 
review, the Department finds that revocation of the antidumping duty 
order would be likely to lead to continuation or recurrence of dumping. 
The dumping margins likely to prevail if the order were revoked are 
identified in the Final Results of Review section of this notice.

DATES: October 6, 2005.

FOR FURTHER INFORMATION: Maureen Flannery, AD/CVD Operations, Office 8, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street & Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-3020.

SUPPLEMENTARY INFORMATION: 

Background

    On June 1, 2005, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on sparklers from 
China. See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 31423 
(June 1, 2005). On June 8, 2005 and June 16, 2005, the Department 
received Notices of Intent to Participate from Diamond Sparkler 
Manufacturing Company and Elkton Sparkler Company (collectively 
``domestic interested parties'') within the deadline specified in 
section 351.218(d)(1)(i) of the Department's regulations. The domestic 
interested parties claimed interested party status under section 
771(9)(C) of the Act, as a manufacturer, producer, or wholesaler in the 
United States of a domestic like product. On June 22, 2005, and July 1, 
2005, the Department received complete substantive responses from the 
domestic interested parties within the deadline specified in section 
351.218(d)(3)(i) of the Department's regulations. We did not receive a 
response from any respondent interested party to this proceeding. As a 
result, pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations, the Department 
conducted an expedited review of this order.

Scope of the Order

    The products subject to this order are fireworks each comprising a 
cut-to-length wire, one end of which is coated with a chemical mix that 
emits bright sparks while burning. Sparklers are currently classified 
under subheadings 3604.10.10.00, 3604.10.90.10, and 3604.10.90.50 of 
the Harmonized Tariff Schedule of the United States (``HTSUS''). 
Sparklers were formerly classified under HTSUS subcategory 3604.10.00. 
The Department has reviewed current categories and has determined that 
sparklers are currently classified in the above subcategories. Although 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the merchandise under the order is 
dispositive.

Analysis of Comments Received

    All issues raised in this 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 September 29, 2005, 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 margins 
likely to prevail if the order were 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/index.html, 
under the heading ``October 2005.'' The paper copy and electronic 
version of the Decision Memo are identical in content.

Final Results of Review

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

------------------------------------------------------------------------
                                                               Weighted
                                                               average
             Manufacturers/Exporters/Producers                  margin
                                                              (percent)
------------------------------------------------------------------------
Guangxi Native Produce Import & Export Corporation, Behai          41.75
 Fireworks and Firecrackers Branch.........................
Hunan Provincial Firecrackers & Fireworks Import & Export          93.54
 Corporation...............................................
Jiangxi Native Produce Import & Export Corporation,                93.54
 Guangzhou Fireworks Company...............................
China-wide rate............................................        93.54
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction

[[Page 58383]]

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 these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 29, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5513 Filed 10-5-05; 8:45 am]
BILLING CODE 3510-DS-P