[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Notices]
[Pages 70956-70957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20695]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Foundry Coke Products from the People's Republic of China: Final 
Results of the Expedited Sunset Review of the Antidumping Duty Order

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

SUMMARY: On August 1, 2006, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty Order 
on Foundry Coke Products (``Foundry Coke'') from the People's Republic 
of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). See Initiation of Five-year 
(``Sunset'') Reviews, 71 FR 43443 (August 1, 2006) (``Sunset 
Initiation''); see also Notice of Amended Final Determination of Sales 
at Less Than Fair Value and Antidumping Duty Order: Foundry Coke 
Products From the People's Republic of China, 66 FR 48025 (September 
17, 2001) (``Order''). On the basis of notices of intent to participate 
and adequate substantive responses filed on behalf of the domestic 
interested parties and lack of response from respondent interested 
parties, the Department conducted an expedited sunset review of the 
Order pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations. As a result of 
this sunset review, the Department finds that revocation of the Order 
would likely lead to continuation or recurrence of dumping at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: December 7, 2006.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik at (202) 482-6905 or 
Juanita Chen at (202) 482-1904; AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2006, the Department initiated a sunset review of the 
Order on

[[Page 70957]]

Foundry Coke from the PRC pursuant to section 751(c) of the Act. See 
Sunset Initiation. The Department received notices of intent to 
participate from the following domestic parties within the deadline 
specified in 19 CFR 351.218(d)(1)(i): ABC Coke, Citizens Gas & Coke 
Utility, Erie Coke, Sloss Industries Corporation, and Tonawanda Coke 
Corporation (collectively, ``Petitioners''). These parties claimed 
interested party status under section 771(9)(C) of the Act and 19 CFR 
351.102(b), as domestic manufacturers and producers of the domestic 
like product. The Department received a substantive response from 
Petitioners within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department did not receive a substantive response 
from any of the respondent interested parties. As a result, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited sunset review of the Order.

Scope Of The Order

    The product covered under the antidumping duty order is coke larger 
than 100 mm (4 inches) in maximum diameter and at least 50 percent of 
which is retained on a 100-mm (4 inch) sieve, of a kind used in 
foundries.
    The foundry coke products subject to the antidumping duty order 
were classifiable under subheading 2704.00.00.10 (as of Jan 1, 2000) 
and are currently classifiable under subheading 2704.00.00.11 (as of 
July 1, 2000) of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheadings are provided for 
convenience and Customs purposes, our written description of the scope 
of the order is dispositive.
    Additionally, the Department has issued one conclusive scope ruling 
regarding the merchandise covered by the Order. On February 18, 2003, 
the Department found that the particular foundry coke as defined by 
Shanxi and imported by Shook Group LLC and Dajin U.S. Trading, Inc.\1\, 
is within the scope of the Order. See Notice of Scope Rulings and 
Anticircumvention Inquiries, 68 FR 7772, 7773-74 (February 18, 2003); 
see also Memorandum from Edward C. Yang to Joseph Spetrini, Deputy 
Assistant Secretary: Final Scope Ruling on the Antidumping Duty Order 
on Foundry Coke from the People's Republic of China; Shook Group LLC 
and Dajin U.S. Trading, Inc., dated May 31, 2002.
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    \1\ Shook and Dajin did not challenge that above 100 mm coke 
should be considered foundry coke. Rather, Shook and Dajin 
challenged the application of an industry standard test, and whether 
the 50 percent condition of the test applied to the entire shipment 
or a portion of the shipment which was sold as being over 100 mm. We 
found that this issue was clearly addressed in the investigation at 
the Final Determination, wherein it was determined that the 50 
percent condition applies only to that portion of the shipment sold 
as larger than 100 mm coke, and if at least 50 percent of such coke 
is retained on a 100 mm sieve, such coke is within the scope of the 
order. We found that this conclusion was consistent with the scope 
of the investigation and the order, as defined in the petition, as 
well as the Department's and the ITC's determinations.
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Analysis Of Comments Received

    All issues raised in this review are addressed in the accompanying 
Issues and Decision Memorandum, which is hereby adopted by this notice. 
The issues discussed in the accompanying Issues and Decision Memorandum 
include the likelihood of continuation or recurrence of dumping and the 
magnitude of the dumping margin 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 the Central Records Unit, room B-099, of 
the main Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Web at 
http://ia.ita.doc.gov and clicking on ``Federal Register Notices''. The 
paper copy and electronic version of the Issues and Decision Memorandum 
are identical in content.

Final Results Of Sunset Review

    The Department determines that revocation of the Order on Foundry 
Coke from the PRC would likely lead to continuation or recurrence of 
dumping at the rates listed below:

------------------------------------------------------------------------
 Manufacturers/Exporters/Producers    Weighted-Average Margin (Percent)
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Shanxi Dajin International (Group)                       101.62 [percnt]
 Co., Ltd..........................
Sinochem International Co., Ltd....                      105.91 [percnt]
Minmetals Townlord Technology Co.,                        75.58 [percnt]
 Ltd...............................
CITIC Trading Company, Ltd.........                       48.55 [percnt]
PRC-Wide Rate......................                      214.89 [percnt]
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Notification Regarding Administrative Protective Order

    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 19 CFR 351.305. Timely 
notification of the return or destruction 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(c), and 777(i)(1) of the Act.

    Dated: November 29, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-20695 Filed 12-6-06; 8:45 am]
BILLING CODE 3510-DS-S