Continuation of Antidumping Duty Order: Sparklers From the People's Republic of China, 72425-72426 [E5-6846]

Download as PDF Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices FOR FURTHER INFORMATION CONTACT: Blanche Ziv, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4207. SUPPLEMENTARY INFORMATION: Background On August 8, 2005, the Department of Commerce (‘‘the Department’’) published the preliminary results of the administrative review of the antidumping duty order on saccharin from the People’s Republic of China (‘‘PRC’’) covering the period December 27, 2002, through June 30, 2004. See Saccharin from the People’s Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 70 FR 45657 (August 8, 2005). The final results of the antidumping duty administrative review of saccharin from the PRC are currently due no later than December 6, 2005. Extension of Time Limit for Final Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’) requires the Department to issue the final results of an administrative review within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within the time specified, the administering authority may extend the 120-day period to 180 days. Completion of the final results within the 120-day period is not practicable due to a potential issue arising in a concurrent scope proceeding of the antidumping duty order on saccharin from the PRC regarding acid saccharin being shipped from the PRC to a third country where it is processed into sodium saccharin and then shipped to the United States. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is fully extending the time period for issuing the final results. Because the extended date, February 4, 2006, falls on a Saturday, we will issue the final results no later than February 6, 2006. On September 2, 2005, the Department extended the deadline of September 7, 2005, until further notice for interested parties to submit case briefs and/or written comments on the preliminary results of review. Interested parties may submit case briefs and/or written comments no later than December 13, 2005. Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than VerDate Aug<31>2005 17:14 Dec 02, 2005 Jkt 208001 December 20, 2005. The Department will also notify parties regarding the schedule for a public hearing to be held at a future date pursuant to a request submitted by Shanghai Fortune Chemical Co., Ltd. The public hearing will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: November 29, 2005. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E5–6845 Filed 12–2–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–804] Continuation of Antidumping Duty Order: Sparklers From the People’s Republic of China 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: AGENCY: 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 72425 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–tolength 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 E:\FR\FM\05DEN1.SGM 05DEN1 72426 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices 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 DEPARTMENT OF COMMERCE International Trade Administration [A–489–501] Certain Welded Carbon Steel Pipe and Tube From Turkey: Extension of the Time Limit for the Preliminary Results of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 5, 2005. FOR FURTHER INFORMATION CONTACT: Victoria Cho at (202) 482–5075 or George McMahon at (202) 482–1167, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 30, 2005, the Department of Commerce (the Department) published a notice of initiation of antidumping duty new shipper review on certain carbon steel welded pipe and tube from Turkey covering the period of review (POR) from May 1, 2004, through, April 30, 2005. See Certain Welded Carbon Steel Pipe and Tube from Turkey: Notice of Initiation of Antidumping Duty New Shipper Review for the Period May 1, 2004, through April 30, 2005, 70 FR 39487 (June 30, 2005). The preliminary results are currently due no later than December 27, 2005. Extension of Time Limit of Preliminary Results Section 751(a)(2)(B)(iv) of the Act, requires the Department to issue the preliminary results of a new shipper review within 180 days of the date it was initiated. However, if the Department concludes that the case is extraordinarily complicated, it may VerDate Aug<31>2005 17:14 Dec 02, 2005 Jkt 208001 extend the 180–day period to 300 days. Based on an allegation filed by the petitioner, we initiated a sales–belowcost investigation on September 28, 2005, and received the response to section D of the questionnaire on November 9, 2005. In order to allow sufficient time to analyze the sales and cost data and to issue supplemental questionnaires, we must extend the time limit to complete the preliminary results of this review. Given the complexity of this case, and in accordance with section 751(a)(2)(B)(iv) of the Act, we are extending the time limit for issuing the preliminary results of review until April 26, 2006, which is 300 days after the date of initiation. The deadline for the final results of this review will continue to be 90 days after publication of the preliminary results. This extension is issued and published in accordance with section 751(a)(2)(B)(iv) and 777 (i)(1) of the Act and 19 CFR 351.214(I)(2). Dated: November 28, 2005. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. 05–23626 Filed 12–2–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–507–501] Certain In-shell (Raw) Pistachios From the Islamic Republic of Iran: Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 5, 2005. FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–2786. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 11, 1986, the Department of Commerce (the Department) published in the Federal Register the countervailing duty order on certain in– shell pistachios from Iran. See Final Affirmative Countervailing Duty Determination and Countervailing Duty Order: In–shell Pistachios from Iran, 51 FR 8344 (March 11, 1986) (In–shell Pistachios). On March 1, 2005, the PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Department published in the Federal Register a notice of opportunity to request an administrative review of the countervailing duty order on in–shell pistachios from Iran (70 FR 9918). As a result of requests properly filed by the California Pistachio Commission (CPC) and Cal Pure Pistachios, Inc. (Cal Pure) on March 31, 2005, we are conducting an administrative review of the countervailing duty order on in–shell pistachios from Iran with respect to Tehran Negah Nima Trading Company, Inc. (Nima). On April 22, 2005, we published in the Federal Register the initiation of this countervailing duty administrative review (70 FR 20862). The preliminary results are currently due no later than December 1, 2005. Extension of Time Limit for Preliminary Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue preliminary results within 245 days after the last day of the anniversary month of an order for which a review is requested. However, if it is not practicable to complete the preliminary results of review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days. We determine that it would not be practicable to complete this review by December 1, 2005. There are a large number of programs, including new subsidy programs, to be considered and analyzed by the Department by that deadline. As a result, the Department is extending the time limits for completion of the preliminary results until no later than February 14, 2006, which is 320 days from the last day of the anniversary month of the date of publication of the order. The deadline for the final results of review continues to be 120 days after the publication of the preliminary results. This notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: November 28, 2005. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E5–6847 Filed 12–2–05; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\05DEN1.SGM 05DEN1

Agencies

[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72425-72426]
From the Federal Register Online via the Government Printing 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