Natural Bristle Paint Brushes and Brush Heads From the People's Republic of China: Notice of Initiation and Preliminary Results of Changed Circumstance Review, and Intent To Revoke the Order, 34097-34098 [2010-14552]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Notices]
[Pages 34097-34098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14552]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-501]


Natural Bristle Paint Brushes and Brush Heads From the People's 
Republic of China: Notice of Initiation and Preliminary Results of 
Changed Circumstance Review, and Intent To Revoke the Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 7, 2010, the Department of Commerce (``Department'') 
received a request for a changed circumstances review to revoke the 
antidumping duty order on natural bristle paint brushes and brush heads 
from the People's Republic of China (``PRC''). See generally, 
Antidumping Duty Order: Natural Bristle Paint Brushes and Paint Brush 
Heads from the People's Republic of China, 51 FR 5580 (Feb. 14, 1986) 
and Amended Antidumping Duty Order: Natural Bristle Paint Brushes and 
Paint Brush Heads from the People's Republic of China, 51 FR 8342 
(March 11, 1986) (``Order''). The domestic industry submitted a letter 
to the Department expressing a lack of interest in antidumping duty 
relief from imports of the subject merchandise. Therefore, we are 
notifying the public of our intent to revoke the above referenced Order 
and are inviting interested parties to comment on these preliminary 
results.

DATES: Effective Date: June 16, 2010.

[[Page 34098]]


FOR FURTHER INFORMATION CONTACT: Bob Palmer or Catherine Bertrand, 
Import Administration, International Trade Administration, Department 
of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 
20230; telephone (202) 482-9068 and (202) 482-3207, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 22, 2010, the Department published the Natural Bristle 
Paint Brushes and Brush Heads from the People's Republic of China: 
Final Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 75 FR 13489 (March 22, 2010).
    On May 7, 2010, the Department received a request, pursuant to 
sections 751(d)(1) and 782(h)(2) of the Tariff Act of 1930, as amended 
(``the Act''), and 19 CFR 351.222(g), to revoke the Order based on an 
expression of no interest from the Paint Applicators Trade Action 
Coalition (``PATAC''), an ad hoc coalition of producers of the domestic 
like product, and the Paint Applicator Division of the American Brush 
Manufacturers Association (``ABMA''), a trade association (collectively 
the ``Paint Applicators''). On May 17, 2010, the Department requested 
that the Paint Applicators demonstrate that they account for 
substantially all of the U.S. production of the domestic like product 
for the period of April 1, 2009, through March 31, 2010. On May 24, 
2010, the Paint Applicators responded to the Department's request and 
indicated that, to the best of their knowledge, they represented at 
least 85 percent of the production of domestic like product during the 
period identified by the Department.

Scope of the Order

    The merchandise covered by the scope of the Order are natural 
bristle paintbrushes and brush heads from the PRC. Excluded from the 
scope of the Order are paint brushes and brush heads with a blend of 40 
percent natural bristles and 60 percent synthetic filaments. The 
merchandise under review is currently classifiable under item 
9603.40.40.40 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheading is provided for convenience 
and customs purposes, the Department's written description of the scope 
of the merchandise is dispositive.

Initiation and Preliminary Results of Changed Circumstances Review, and 
Intent To Revoke the Order

    At the request of the Paint Applicators, and in accordance with 
sections 751(d)(1) and 751(b)(1) of the Act and 19 CFR 351.216, the 
Department is initiating a changed circumstances review to determine 
whether the revocation of the Order is warranted. Section 782(h)(2) of 
the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may 
revoke an order (in whole or in part) if it determines that producers 
accounting for substantially all (i.e., at least 85 percent) \1\ of the 
production of the domestic like product have expressed no further 
interest in the order. In addition, in the event the Department 
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) 
permits the Department to combine the notices of initiation and 
preliminary results.
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    \1\ The Department has defined ``substantially all'' to mean 
accounting for over 85% of the total production of the domestic like 
product. See Certain Orange Juice from Brazil: Preliminary Results 
of Antidumping Duty Changed Circumstances Review and Intent Not to 
Revoke, In Part, 73 FR 60214 (October 10, 2008), unchanged in 
Certain Orange Juice From Brazil: Final Results of Antidumping Duty 
Changed Circumstances Review, 74 FR 4733 (January 27, 2009).
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    In accordance with section 751(b) of the Act, and 19 CFR 351.222(g) 
and 351.216(b), we are initiating this changed circumstances review and 
have determined that, pursuant to 19 CFR 351.221(c)(3)(ii), expedited 
action is warranted. We find that the Paint Applicators' affirmative 
statement of no interest, and its statement that it produced 
substantially all of the domestic like product during the period 
identified by the Department, provides a reasonable basis for the 
Department's determination to conduct an expedited review. Based on the 
expression of no interest and claims of accounting for substantially 
all of the domestic production of the domestic like product by the 
Paint Applicators, and absent any objection by any other domestic 
interested parties or any evidence to the contrary, we have also 
preliminarily determined that substantially all of the domestic 
producers of the domestic like product have no interest in the 
continued application of the Order. Therefore, we are notifying the 
public of our intent to revoke the Order. If we make a final 
determination to revoke the Order, this determination will apply to all 
unliquidated entries of subject merchandise covered by the Order which 
are entered, or withdrawn from warehouse, for consumption on or after 
the date determined by the Department. See section 751(d)(3) of the 
Act. Suspension of liquidation is considered removed upon publication 
of the final results in the Federal Register and the Department will 
instruct U.S. Customs and Border Protection to liquidate without regard 
to antidumping duties and to refund any estimated antidumping duties 
collected. See 19 CFR 351.222(g)(4). The current requirement for a cash 
deposit of estimated antidumping duties on subject merchandise covered 
by the Order will continue unless, and until, we publish a final 
determination to revoke.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Parties who submit argument in this proceeding are requested 
to submit with the argument: (1) A statement of the issue, and (2) a 
brief summary of the argument. Any interested party may request a 
hearing within 10 days of the date of publication of this notice. Any 
hearing, if requested, will be held no later than 25 days after the 
date of publication of this notice, or the first workday thereafter. 
Case briefs may be submitted by interested parties not later than 21 
days after the date of publication of this notice. Rebuttal briefs, 
limited to the issues raised in the case briefs, may be filed not later 
than 5 days after the due date for case briefs. All written comments 
shall be submitted in accordance with 19 CFR 351.303. Persons 
interested in attending the hearing should contact the Department for 
the date and time of the hearing. The Department will publish the final 
results of this changed circumstances review, including the results of 
its analysis of issues raised in any written comments.
    The preliminary results of this review and notice are in accordance 
with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.221(b)(1).

    Dated: June 9, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-14552 Filed 6-15-10; 8:45 am]
BILLING CODE 3510-DS-P