[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 882-883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-223]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-880]


Barium Carbonate 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 September 2, 2008, the Department of Commerce 
(``Department'') initiated a sunset review of the antidumping duty 
order on barium carbonate from the People's Republic of China (``PRC'') 
pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(``Act''). See Initiation of Five-year (``Sunset'') Review, 73 FR 51275 
(September 2, 2008) (``Sunset Initiation''); see also Antidumping Duty 
Order: Barium Carbonate from the People's Republic of China, 68 FR 
56619 (October 1, 2003) (``Order''). On September 16, 2008, Chemical 
Products Corporation (``CPC''), the petitioner in the original barium 
carbonate investigation, notified the Department that it intended to 
participate in the sunset review. The Department did not receive a 
substantive response from any respondent party. Based on the notice of 
intent to participate and adequate response filed by the domestic 
interested party, and the lack of response from any respondent 
interested party, the Department conducted an expedited sunset review 
of the Order pursuant to section 751(c)(3)(B) of the Act and 19 C.F.R. 
351.218(e)(1)(ii)(C)(2). 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 Sunset Review'' section of this notice, infra.

EFFECTIVE DATE: January 9, 2009.

FOR FURTHER INFORMATION CONTACT: Hallie Noel Zink; AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: 202-482-6907.

SUPPLEMENTARY INFORMATION:

Background

    On September 2, 2008, the Department initiated a sunset review of 
the order on barium carbonate pursuant to section 751(c) of the Act. 
See Sunset Initiation, 73 FR 51275. On September 16, 2008, the 
Department received a timely notice of intent to participate in

[[Page 883]]

the sunset review from CPC, pursuant to 19 C.F.R. 351.218(d)(1)(i). In 
accordance with 19 C.F.R. 351.218(d)(1)(ii)(A), CPC claimed interested 
party status under section 771(9)(C) of the Act as a producer of the 
domestic like product.
    On October 2, 2008, CPC filed a substantive response in the sunset 
review, within the 30-day deadline as specified in 19 C.F.R. 
351.218(d)(3)(i). The Department did not receive a substantive response 
from any respondent interested party in the sunset review. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 C.F.R. 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset 
review of the Order.

Scope of the Order

    The merchandise covered by this order is barium carbonate, 
regardless of form or grade. The product is currently classifiable 
under subheading 2836.60.0000 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
scope of this proceeding is dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews 
is addressed in the accompanying Issues and Decision Memorandum, which 
is hereby adopted by this notice. See ``Issues and Decision Memorandum 
for the Final Results in the Expedited Sunset Review of the Antidumping 
Duty Order on Barium Carbonate from the People's Republic of China,'' 
from Stephen J. Claeys, Deputy Assistant Secretary, to David M. 
Spooner, Assistant Secretary for Import Administration, dated December 
31, 2008 (``I&D Memo''). The issues discussed in the accompanying I&D 
Memo include the likelihood of continuation or recurrence of dumping 
and the magnitude of the dumping margin likely to prevail if the Order 
was revoked. Parties can obtain a public copy of the I&D Memo on file 
in the Central Records Unit, room 1117, of the main Commerce building. 
In addition, a complete public version of the I&D Memo can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the I&D Memo are identical in content.

Final Results of Sunset Review

    The Department determines that revocation of the Order on barium 
carbonate would likely lead to continuation or recurrence of dumping at 
the rates listed below:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
Qingdao Red Star Chemical Import & Export Co., Ltd..               34.44
PRC-Wide Entity.....................................               81.30
------------------------------------------------------------------------

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 C.F.R. 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, and 777(i)(1) of the Act.

    December 31, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E9-223 Filed 1-8-09; 8:45 am]
Billing Code: 3510-DS-S