Foundry Coke Products from the People's Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 70956-70957 [E6-20695]

Download as PDF 70956 Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Notices sroberts on PROD1PC70 with NOTICES de minimis or based on adverse facts available, in accordance with Department practice. See e.g., Notice of Final Determinations of Sales at Less Than Fair Value: Brake Drums and Brake Rotors From the People’s Republic of China, 62 FR 9160, 9174 (February 28, 1997). Accordingly, we have assigned these two respondents the dumping margin assigned to the CFP– Three Star collapsed entity. In accordance with 19 CFR 351.224(b), the Department will disclose to interested parties within five days of the date of publication of this notice the calculations it performed for the preliminary results. An interested party may request a hearing within 30 days of publication of the preliminary results. See 19 CFR 351.310(c). Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs), which must be limited to issues raised in the case briefs, within five days after the time limit for filing case briefs. See 19 CFR 351.309(c)(1)(ii) and 19 CFR 351.309(d). Parties who submit arguments are requested to submit with the argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Further, the Department requests that parties submitting written comments provide the Department with a diskette containing the public version of those comments. We will issue a memorandum identifying the date of a hearing, if one is requested. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days of publication of the preliminary results. Assessment Rates Upon completion of this administrative review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. For the CFP–Three Star collapsed entity, we have calculated customer–specific antidumping duty assessment amounts for subject merchandise based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total quantity of sales examined. We calculated these assessment amounts because there is no information on the record which identifies entered values or the importers of record for the CFP– Three Star collapsed entity’s reported U.S. sales transactions. For Dixon and Rongxin (i.e., respondents which are VerDate Aug<31>2005 17:29 Dec 06, 2006 Jkt 211001 being assigned the margin calculated for the CFP–Three Star collapsed entity), we will instruct CBP to assess antidumping duties on each of these company’s entries equal to the margin these companies receive in the final results, regardless of the importer or customer. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. If these preliminary results are adopted in the final results of review, we will direct CBP to assess the resulting assessment amounts, calculated as described above, on each of the applicable entries during the review period. Cash Deposit Requirements The following deposit requirements will apply to all shipments of certain cased pencils from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act: (1) the cash deposit rates for the reviewed companies named above will be the rates for those firms established in the final results of this administrative review; (2) for any previously reviewed or investigated PRC or non–PRC exporter, not covered in this review, with a separate rate, the cash deposit rate will be the company–specific rate established in the most recent segment of this proceeding; (3) for all other PRC exporters, the cash deposit rate will be the PRC–wide rate established in the final results of this review; and (4) the cash deposit rate for any non–PRC exporter of subject merchandise from the PRC will be the rate applicable to the PRC exporter that supplied that exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Interested Parties This notice serves as a preliminary 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. We are issuing and publishing the preliminary results determination in accordance with sections 751(a)(1) and 777(i)(1) of the Act. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Dated: December 1, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–20777 Filed 12–6–06; 8:45 am] BILLING CODE 3510–DS–S 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 E:\FR\FM\07DEN1.SGM 07DEN1 70957 Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Notices 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. 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) Shanxi Dajin International (Group) Co., Ltd .................................................................................................. Sinochem International Co., Ltd. ................................................................................................................... Minmetals Townlord Technology Co., Ltd. .................................................................................................... CITIC Trading Company, Ltd. ....................................................................................................................... PRC–Wide Rate ............................................................................................................................................ sections 751(c), 752(c), and 777(i)(1) of the Act. 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 sroberts on PROD1PC70 with NOTICES Notification Regarding Administrative Protective Order Dated: November 29, 2006. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E6–20695 Filed 12–6–06; 8:45 am] 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 VerDate Aug<31>2005 17:29 Dec 06, 2006 Jkt 211001 BILLING CODE 3510–DS–S 101.62 105.91 75.58 48.55 214.89 % % % % % DEPARTMENT OF COMMERCE International Trade Administration [A–570–875] Non–Malleable Cast Iron Pipe Fittings from the Peoples’ Republic of China; Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 7, 2006. FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Mark Manning, AD/ CVD Operations, Office 4, Import Administration, International Trade PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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. E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Notices]
[Pages 70956-70957]
From the Federal Register Online via the Government Printing 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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)
------------------------------------------------------------------------
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]
------------------------------------------------------------------------

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