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]
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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
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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
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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
https://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
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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]
-----------------------------------------------------------------------
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
https://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
