[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Notices]
[Pages 41316-41317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16495]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-877


Lawn and Garden Steel Fence Posts from the People's Republic of 
China: Final Results of Sunset Review and Revocation of Antidumping 
Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 2, 2007, the Department of Commerce (``the 
Department'') initiated the sunset review of the antidumping duty order 
on lawn and garden steel fence posts (``fence posts'') from the 
People's Republic of China (``PRC''). Because the domestic interested 
parties did not participate in the sunset review, the Department is 
revoking the antidumping duty order.

EFFECTIVE DATE: June 12, 2008

FOR FURTHER INFORMATION CONTACT: Andrea Staebler Berton or Juanita Chen 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4037 and (202) 482-1904.

SUPPLEMENTARY INFORMATION:

Background

    On June 12, 2003, the Department issued an antidumping duty order 
on fence posts from the PRC. See Notice of Antidumping Duty Order: Lawn 
and Garden Steel Fence Posts from the People's Republic of China, 68 FR 
35197 (June 12, 2003). Pursuant to section 751(c) the Tariff Act of 
1930, as amended (``the Act''), and 19 CFR 351.218, the Department 
initiated the sunset review of this order. See Initiation of Five-year 
(``Sunset'') Review, 73 FR 24222 (May 2, 2008). The Department did not 
receive a notice of intent to participate in the sunset review from 
domestic interested parties by the deadline date. See 19 CFR 
351.218(d)(1)(i). As a result, the Department determined that no 
domestic party intends to participate in the sunset review. On May 22, 
2008, the Department notified the International Trade Commission of its 
intent to issue a final determination revoking this antidumping duty 
order.

Scope of the Order

    The products covered by this order consist of all ``U'' shaped or 
``hat'' shaped lawn and garden fence posts made of steel and/or any 
other metal, weighing 1 pound or less per foot, and produced in the 
PRC. The fence posts included within the scope of this order weigh up 
to 1 pound per foot and are made of steel and/or any other metal. 
Imports of these products are classified under the following 
categories: fence posts, studded with corrugations, knobs, studs, 
notches or similar protrusions with or without anchor posts and exclude 
round or square tubing or pipes.
    These posts are normally made in two different classes, light and 
heavy duty. Light duty lawn and garden fence posts are normally made of 
14 gauge steel (0.068 inches--0.082 inches thick), 1.75 inches wide, in 
3, 4, 5, or 6 foot lengths. These posts normally weigh approximately 
0.45 pounds per foot and are packaged in mini-bundles of 10 posts and 
master bundles of 400 posts. Heavy duty lawn and garden steel fence 
posts are normally made of 13 gauge steel (0.082 inches--0.095 inches 
thick), 3 inches wide, in 5, 6, 7, and 8 foot lengths. Heavy duty posts 
normally weigh approximately 0.90 pounds per foot and are packaged in 
mini-bundles of 5 and master bundles of 200. Both light duty and heavy 
duty posts are included within the scope of the order.
    Imports of these products are classified under the Harmonized 
Tariff Schedule of the United States (``HTSUS'') subheading 
7326.90.85.35. Fence posts classified under subheading 7308.90 are also 
included within the scope of the order if the fence posts are made of 
steel and/or metal.
    Specifically excluded from the scope are other posts made of steel 
and/or other metal including ``tee'' posts, farm posts, and sign posts, 
regardless of weight.\1\ Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of the order is dispositive.
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    \1\ Tee posts are made by rolling red hot steel into a ``T'' 
shape. These posts do not have tabs or holes to help secure fencing 
to them and have primarily farm and industrial uses.
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Determination to Revoke

    Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 
351.218(d)(1)(iii)(B)(3), if no domestic interested party responds to 
the notice of initiation, the Department shall issue a final

[[Page 41317]]

determination revoking the order within 90 days after the initiation of 
the review. Because no domestic interested party filed a notice of 
intent to participate or a substantive response, the Department finds 
that no domestic interested party is participating in this review; 
therefore, we are revoking this antidumping duty order. Pursuant to 
section 751(c)(3)(A) of the Act and 19 CFR 351.222(i)(2)(i), the 
effective date of revocation is June 12, 2008 (i.e., the fifth 
anniversary of the date of publication in the Federal Register of the 
notice of the antidumping duty order). The Department will instruct 
U.S. Customs and Border Protection to terminate the suspension of 
liquidation and collection of cash deposits on entries of the subject 
merchandise entered or withdrawn from warehouse on or after June 12, 
2008. Entries of subject merchandise prior to the effective date of 
revocation will continue to be subject to suspension of liquidation and 
antidumping duty deposit requirements. The Department will complete any 
pending administrative reviews of this order and will conduct 
administrative reviews of subject merchandise entered prior to the 
effective date of revocation in response to appropriately filed 
requests for review.
    This five-year sunset review and notice are in accordance with 
section 751(c)(3)(A) and published pursuant to section 777(i)(1) of the 
Act.

    Dated: June 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-16495 Filed 7-17-08; 8:45 am]
BILLING CODE 3510-DS-S