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]
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Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Notices
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June 29, 2007
jlentini on PROD1PC65 with NOTICES
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Dated: May 31, 2007.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 07–2786 Filed 6–4–07; 8:45 am]
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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
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
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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
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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
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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
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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
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]]>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]
-----------------------------------------------------------------------
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
