[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23682-23683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11761]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-882]


Refined Brown Aluminum Oxide from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  On December 1, 2008, the Department of Commerce (the 
Department) published the preliminary results of the 2006-2007 
administrative review of the antidumping duty order on refined brown 
aluminum oxide (RBAO) from the People's Republic of China (PRC). See 
Refined Brown Aluminum Oxide from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 73 FR 
72767 (December 1, 2008) (Preliminary Results). We gave the interested 
parties an opportunity to comment on the Preliminary Results. After 
reviewing the interested parties' comments, we made changes to our 
calculations for the final results of the review. The final dumping 
margin for this review is listed in the ``Final Results of Review'' 
section below. The review covers one exporter, Qingdao Shunxingli 
Abrasives Co. Ltd. (Qingdao Shunxingli). The period of review (POR) is 
November 1, 2006 through October 31, 2007.

EFFECTIVE DATE: May 20, 2009.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Kate Johnson, AD/
CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4136 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on December 1, 
2008. On January 22, 2009, the domestic producers Washington Mills, C + 
E Minerals, and Treibacher Schleifmittel Corp. (collectively, 
``domestic producers''), and the respondent Qingdao Shunxingli 
submitted case briefs. On January 29, 2009, the domestic producers and 
Qingdao Shunxingli submitted rebuttal briefs. At the request of the 
domestic producers, we held a public hearing on February 6, 2009.

Scope of the Order

    The merchandise covered by this order is ground, pulverized or 
refined artificial corundum, also known as brown aluminum oxide or 
brown fused alumina, in grit size of 3/8 inch or less. Excluded from 
the scope of the order is crude artificial corundum in which particles 
with a diameter greater than 3/8 inch constitute at least 50 percent of 
the total weight of the entire batch. The scope includes brown 
artificial corundum in which particles with a diameter greater than 3/8 
inch constitute less than 50 percent of the total weight of the batch. 
The merchandise under investigation is currently classifiable under 
subheadings 2818.10.20.00 and 2818.10.20.90 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 merchandise covered by the order is dispositive.

Analysis of Comments Received

    All issues raised in the case briefs are addressed in the Issues 
and Decision Memorandum, which is hereby adopted by this notice. A list 
of the issues which parties raised and to which we responded in the 
Issues and Decision Memorandum is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document which 
is on file in the Central Records Unit in room 1117 in the main 
Department building, and is accessible on the web at http://www.ia.ita.doc.gov/frn.
    The paper copy and electronic version of the memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
changes in the margin calculations for Qingdao Shunxgli. These changes 
are identified in the Issues and Decision Memorandum and discussed in 
the ``Final Results Valuation Memorandum,'' dated concurrently with 
this notice.

Final Results of the Review

    We determine that the following percentage weighted-average dumping 
margin exists for the period November 1, 2006, through October 31, 
2007:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Qingdao Shunxingli Abrasives Co. Ltd................               46.88
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b), the Department will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of these final results of review.

Cash-Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of the administrative review 
for all shipments of RBAO from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) for subject 
merchandise exported by Qingdao Shunxingli, the cash-deposit rate will 
be that established in the final results of review; (2) for previously 
reviewed or investigated companies not listed above that have separate 
rates, the cash-deposit rate will continue to be the company-specific 
rate published for the most recent period; (3) for all other PRC 
exporters of subject merchandise, which have not been found to be 
entitled to a separate rate, the cash-deposit rate will be the PRC-wide 
rate of 135.18 percent; and (4) for all non-PRC exporters of subject 
merchandise, the cash-deposit rate will be the rate applicable to the 
PRC exporter that supplied that non-PRC exporter. These deposit 
requirements shall remain in effect until further notice.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
     This notice also serves as a final reminder to parties subject to 
the administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305. Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply

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with the regulations and the terms of an APO is a sanctionable 
violation.
     This notice of final results is issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 13, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix--Issues in Decision Memorandum

Comment 1: Valuation of Crude Brown Aluminum Oxide
Comment 2: Selection of Indian Financial Statements for Calculating 
Surrogate Value Ratios
Comment 3: Alleged Errors in Calculation of Surrogate Value Ratios
[FR Doc. E9-11761 Filed 5-19-09; 8:45 am]
BILLING CODE: 3510-DS-S