Automotive Replacement Glass Windshields from the People's Republic of China: Final Results of Sunset Review and Revocation of Antidumping Duty Order, 31052-31053 [E7-10779]

Download as PDF 31052 Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Notices 3. Technology Transfer Issues. 4. U.S. Industry Competitiveness. 5. U.S. Academic and Government Research Communities. 6. Industry, Academia and other Stakeholder Comments. Parking will be available on-site for members of the public at a cost of $20 per vehicle. In addition, a limited number of seats will be available for the public session. Reservations will not be accepted. To the extent time permits, members of the general public may present oral statements to the DEAC. The general public may submit written statements at any time before or after the meeting. However, to facilitate distribution to DEAC members, BIS suggests that general public presentation materials or comments be forwarded before the meeting to Ms. Yvette Springer at Yspringer@bis.doc.gov. June 29, 2007 jlentini on PROD1PC65 with NOTICES Closed Session The DEAC will also meet in a closed session on Tuesday, June 19, 2007, from 8 a.m.–9:30 a.m. and 2 p.m.–6 p.m. During the closed session, there will be discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 sections 10(a)(1) and 10(a)(3). The Assistant Secretary for Administration formally determined on May 31, 2007, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 section (10)(d)). that the portion of the meeting concerning trade secrets and commercial or financial information deemed privileged or confidential as described in 5 U.S.C. 552b(c)(4), the portion of the meeting concerning matters the premature disclosure of which would be likely to significantly frustrate implementation of an agency action as described in 5 U.S.C. 552b(c)(9)(B), and the portion of the meeting dealing with matters that are (A) Specifically authorized under criteria established by an Executive Order to be kept secret in the interests of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive Order (5 U.S.C. 552b(c)(1)(A) and (1)(B)), shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 sections 10(a)(1) and 10(a)(3). All other portions of the DEAC meeting will be open to the public. For more information, please call Yvette Springer at (202) 482–2813. Dated: May 31, 2007. Yvette Springer, Committee Liaison Officer. [FR Doc. 07–2786 Filed 6–4–07; 8:45 am] BILLING CODE 3510–JT–M VerDate Aug<31>2005 17:28 Jun 04, 2007 Jkt 211001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–867] Automotive Replacement Glass Windshields from the People’s Republic of China: Final Results of Sunset Review and Revocation of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 1, 2007, the Department of Commerce (‘‘the Department’’) initiated the sunset review of the antidumping duty order on automotive replacement glass windshields from the People’s Republic of China (‘‘PRC’’). Because the domestic interested parties did not participate in the sunset review, the Department is revoking the antidumping duty order. EFFECTIVE DATE: April 4, 2007 FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., or Juanita Chen, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4340 and (202) 482–1904, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 4, 2002, the Department issued an antidumping duty order on automotive replacement glass windshields from the PRC. See Antidumping Duty Order: Automotive Replacement Glass Windshields from the People’s Republic of China, 67 FR 16087 (April 4, 2002). Pursuant to section 751(c) of the Act and 19 CFR 351.218, the Department initiated the sunset review of this order. See Notice of Initiation of Five-year (‘‘Sunset’’) Reviews, 72 FR 9307 (March 1, 2007). The Department did not receive a notice of intent to participate in the sunset review from domestic interested parties by the deadline date. See 19 CFR 351.218(d)(1)(i). As a result, the Department determined that no domestic party intends to participate in the sunset review. On March 21, 2007, the Department notified the International Trade Commission of its intent to issue a final determination revoking this antidumping duty order. Scope of the Order The products covered by this order are automotive replacement glass windshields, and parts thereof, whether clear or tinted, whether coated or not, PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 and whether or not they include antennas, ceramics, mirror buttons or VIN notches, and whether or not they are encapsulated. Automotive replacement glass windshields are laminated safety glass (i.e., two layers of (typically float) glass with a sheet of clear or tinted plastic in between (usually polyvinyl butyral)), which are produced and sold for use by automotive glass installation shops to replace windshields in automotive vehicles (e.g., passenger cars, light trucks, vans, sport utility vehicles, etc.) that are cracked, broken or otherwise damaged. Automotive replacement glass windshields subject to this order are currently classifiable under subheading 7007.21.10.10 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Specifically excluded from the scope of the order are laminated automotive windshields sold for use in original assembly of vehicles. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Determination to Revoke Pursuant to section 751(c)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’) and 19 CFR 351.218(d)(1)(iii)(B)(3), if no domestic interested party responds to the notice of initiation, the Department shall issue a final determination revoking the order within 90 days after the initiation of the review. Because no domestic interested party filed a notice of intent to participate or a substantive response, the Department finds that no domestic interested party is participating in this review and is revoking this antidumping duty order. Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is April 4, 2007 (i.e., the fifth anniversary of the date of publication in the Federal Register of the notice of the antidumping duty order). The Department will instruct U.S. Customs and Border Protection to discontinue suspension of liquidation and collection of cash deposits on entries of the subject merchandise entered or withdrawn from warehouse on or after April 4, 2007, the effective date of revocation of the antidumping duty order. The Department will complete any pending administrative reviews of this order and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. This five-year sunset review and notice are in accordance with section E:\FR\FM\05JNN1.SGM 05JNN1 Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Notices 751(c)(3)(A) and published pursuant to section 777(i)(1) of the Act. Dated: May 25, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–10779 Filed 6–4–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–504] Petroleum Wax Candles from the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Affirmative Final Determination of Circumvention of the Antidumping Duty Order: Petroleum Wax Candles from the People’s Republic of China. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: On March 28, 2007, the Department of Commerce (the Department) published its preliminary determination that the importation by, or sale to, three U.S. importers (DECOR– WARE, Inc., A&M Wholesalers, Inc., and Albert E. Price) of wickless petroleum wax forms from the PRC, which subsequently undergo insertion of a wick and clip assembly in the United States, constitutes circumvention of the antidumping duty order on petroleum wax candles from the People’s Republic of China (see Antidumping Duty Order: Petroleum Wax Candles From the People’s Republic of China, 51 FR 30686 (August 28, 1986) (Candles Order)), within the meaning of section 781(a) of the Tariff Act of 1930, as amended (the Act). See Petroleum Wax Candles From the People’s Republic of China: Partial Termination of Circumvention Inquiry and Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 72 FR 14518 (March 28, 2007) (Preliminary Determination). We gave interested parties an opportunity to comment on the Preliminary Determination, and notified the United States International Trade Commission (ITC) because, pursuant to section 781(e) of the Act, the ITC may request consultations concerning the Department’s proposed inclusion of the subject merchandise. The ITC notified the Department on April 24, 2007, that consultations were not necessary. The National Candle VerDate Aug<31>2005 17:28 Jun 04, 2007 Jkt 211001 Association (NCA), the petitioners in this proceeding, filed the circumvention allegation, submitted a case brief, and no parties submitted rebuttal briefs. The Department addresses the issue raised in the case brief, and the Department’s final determination is unchanged from its preliminary determination. EFFECTIVE DATE: June 5, 2007. FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: 202–482–1131 and 202–482– 0649, respectively. SUPPLEMENTARY INFORMATION: Background On March 28, 2007, the Department of Commerce (the Department) published its preliminary determination that the importation by, or sale to, three U.S. importers (DECOR–WARE, Inc.; A&M Wholesalers, Inc.; and Albert E. Price) of wickless petroleum wax forms from the PRC constitutes circumvention of the aforementioned order, within the meaning of section 781(a) of the Tariff Act of 1930, as amended (the Act). See Preliminary Determination, 72 FR 14518. On April 24, 2007, the Department was notified by the ITC that consultations pursuant to section 781(e)(2) of the Act were not necessary. See Memorandum to the File from Steve Bezirganian, dated May 9, 2007. The NCA is the only interested party that filed a case brief. Scope of the Order The products covered by this order are certain scented or unscented petroleum wax candles made from petroleum wax and having fiber or paper–cored wicks. They are sold in the following shapes: tapers, spirals, and straight–sided dinner candles; rounds, columns, pillars, votives; and various wax–filled containers. The products were classified in the original investigation under the Tariff Schedules of the United States item 755.25, Candles and Tapers. The products covered are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 3406.00.00. Although the HTSUS subheading is provided for convenience purposes, the written description remains dispositive. In addition, the Department has determined that mixed–wax candles containing any amount of petroleum wax are later–developed merchandise and are within the scope of the Candles PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 31053 Order. See Later–Developed Merchandise Anticircumvention Inquiry of the Antidumping Duty Order on Petroleum Wax Candles from the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 71 FR 59075 (October 6, 2006). Scope of the Anticircumvention Inquiry The products covered by this inquiry are certain scented or unscented petroleum wax forms that do not incorporate a wick within the wax, whether or not having pre–drilled wick holes (wickless petroleum wax forms) that are imported into the United States and assembled into petroleum wax candles, and are currently classifiable under HTSUS subheading 9602.00.40. Wickless petroleum wax forms are sold in the following shapes: tapers, spirals, straight–sided wax forms; rounds, columns, pillars, votives; and various wax–filled containers. This inquiry only covers such products that are imported by, or sold to DECOR–WARE, Inc., A&M Wholesalers, Inc., or Albert E. Price. Applicable Statute Section 781 of the Act addresses circumvention of antidumping or countervailing duty orders. With respect to merchandise assembled or completed in the United States, section 781(a)(1) of the Act provides that if: (A) the merchandise sold in the United States is of the same class or kind as any other merchandise that is the subject of an antidumping duty order; (B) such merchandise sold in the United States is completed or assembled in the United States from parts or components produced in the foreign country with respect to which such order applies; (C) the process of assembly or completion in the United States is minor or insignificant; and (D) the value of the parts or components produced in the foreign country is a significant portion of the total value of the merchandise, then the Department may include within the scope of the order the imported parts or components produced in the foreign country used in the completion or assembly of the merchandise in the United States, after taking into account any advice provided by the ITC under section 781(e) of the Act. In determining whether the process of assembly or completion in the United States is minor or insignificant, section 781(a)(2) of the Act directs the Department to consider: (A) the level of investment; (B) the level of research and development; (C) the nature of the production process; (D) the extent of production facilities and (E) whether the E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 72, Number 107 (Tuesday, June 5, 2007)]
[Notices]
[Pages 31052-31053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10779]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-867]


Automotive Replacement Glass Windshields from the People's 
Republic of China: Final Results of Sunset Review and Revocation of 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 1, 2007, the Department of Commerce (``the 
Department'') initiated the sunset review of the antidumping duty order 
on automotive replacement glass windshields from the People's Republic 
of China (``PRC''). Because the domestic interested parties did not 
participate in the sunset review, the Department is revoking the 
antidumping duty order.

EFFECTIVE DATE: April 4, 2007

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., or Juanita 
Chen, 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-
4340 and (202) 482-1904, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 4, 2002, the Department issued an antidumping duty order 
on automotive replacement glass windshields from the PRC. See 
Antidumping Duty Order: Automotive Replacement Glass Windshields from 
the People's Republic of China, 67 FR 16087 (April 4, 2002). Pursuant 
to section 751(c) of the Act and 19 CFR 351.218, the Department 
initiated the sunset review of this order. See Notice of Initiation of 
Five-year (``Sunset'') Reviews, 72 FR 9307 (March 1, 2007). The 
Department did not receive a notice of intent to participate in the 
sunset review from domestic interested parties by the deadline date. 
See 19 CFR 351.218(d)(1)(i). As a result, the Department determined 
that no domestic party intends to participate in the sunset review. On 
March 21, 2007, the Department notified the International Trade 
Commission of its intent to issue a final determination revoking this 
antidumping duty order.

Scope of the Order

    The products covered by this order are automotive replacement glass 
windshields, and parts thereof, whether clear or tinted, whether coated 
or not, and whether or not they include antennas, ceramics, mirror 
buttons or VIN notches, and whether or not they are encapsulated. 
Automotive replacement glass windshields are laminated safety glass 
(i.e., two layers of (typically float) glass with a sheet of clear or 
tinted plastic in between (usually polyvinyl butyral)), which are 
produced and sold for use by automotive glass installation shops to 
replace windshields in automotive vehicles (e.g., passenger cars, light 
trucks, vans, sport utility vehicles, etc.) that are cracked, broken or 
otherwise damaged. Automotive replacement glass windshields subject to 
this order are currently classifiable under subheading 7007.21.10.10 of 
the Harmonized Tariff Schedule of the United States (``HTSUS''). 
Specifically excluded from the scope of the order are laminated 
automotive windshields sold for use in original assembly of vehicles. 
While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Determination to Revoke

    Pursuant to section 751(c)(3)(A) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.218(d)(1)(iii)(B)(3), if no 
domestic interested party responds to the notice of initiation, the 
Department shall issue a final determination revoking the order within 
90 days after the initiation of the review. Because no domestic 
interested party filed a notice of intent to participate or a 
substantive response, the Department finds that no domestic interested 
party is participating in this review and is revoking this antidumping 
duty order. Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 
351.222(i)(2)(i), the effective date of revocation is April 4, 2007 
(i.e., the fifth anniversary of the date of publication in the Federal 
Register of the notice of the antidumping duty order). The Department 
will instruct U.S. Customs and Border Protection to discontinue 
suspension of liquidation and collection of cash deposits on entries of 
the subject merchandise entered or withdrawn from warehouse on or after 
April 4, 2007, the effective date of revocation of the antidumping duty 
order. The Department will complete any pending administrative reviews 
of this order and will conduct administrative reviews of subject 
merchandise entered prior to the effective date of revocation in 
response to appropriately filed requests for review.
    This five-year sunset review and notice are in accordance with 
section

[[Page 31053]]

751(c)(3)(A) and published pursuant to section 777(i)(1) of the Act.

    Dated: May 25, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-10779 Filed 6-4-07; 8:45 am]
BILLING CODE 3510-DS-S