[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72425-72426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6846]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-804]


Continuation of Antidumping Duty Order: Sparklers From the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``Commission'') that revocation of this antidumping duty order would 
be likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''), the Department 
hereby orders the continuation of the antidumping duty order on 
sparklers from the People's Republic of China (``China''). The 
Department is publishing notice of the continuation of this antidumping 
duty order.

EFFECTIVE DATE: December 5, 2005.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Maureen 
Flannery, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-4340 
or 482-3020, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2005, the Department initiated and the Commission 
instituted a sunset review of the antidumping duty order on sparklers 
from China pursuant to section 751(c) of the Act. See Initiation of 
Five-Year (``Sunset'') Reviews, 70 FR 31537 (June 1, 2005). As a result 
of its review, the Department found that revocation of the antidumping 
duty order would be likely to lead to continuation or recurrence of 
dumping and notified the Commission of the magnitude of the margins 
likely to prevail were the order to be revoked. See Sparklers from the 
People's Republic of China; Notice of Final Results of Expedited Sunset 
Review of Antidumping Duty Order, 70 FR 58382 (October 6, 2005).
    On November 15, 2005, the Commission determined, pursuant to 
section 751(c) of the Act, that revocation of the antidumping duty 
order on sparklers from China would be likely to lead to continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Sparklers from China, 70 FR 
70636 (November 22, 2005), USITC Publication 3814 (November 2005) 
(Investigation No. 731-TA-464 (Second Review)).

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 the 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.

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of this antidumping duty order would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to sections 
751(d)(2)(A) and (B) of the Act, the Department hereby orders the 
continuation of the antidumping duty order on sparklers from China.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of the 
continuation for this order is the date of publication in the Federal 
Register of

[[Page 72426]]

this Notice of Continuation. Pursuant to section 751(c)(2) of the Act, 
the Department intends to initiate the next five-year review of this 
antidumping order not later than November 2010.
    This sunset review and this continuation notice are in accordance 
with section 751(c) of the Act and published pursuant to 777(i) of the 
Act.

    Dated: November 29, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-6846 Filed 12-2-02; 8:45 am]
BILLING CODE 3510-DS-S