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###### International Trade Commission

          - [Investigation No. 731-TA-464 (Second Review)]

# AGENCY:

United States International Trade Commission.

# ACTION:

Scheduling of an expedited five-year review concerning the antidumping duty order on sparklers from China.

# SUMMARY:

The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty order on sparklers from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

# EFFECTIVE DATE:

September 7, 2005.

# FOR FURTHER INFORMATION CONTACT:

                        Debra Baker (202-205-3180), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (                        *http://www.usitc.gov*). The public record for this review may be viewed on the Commission's electronic docket (EDIS) at                         *http://edis.usitc.gov*.                    

# SUPPLEMENTARY INFORMATION:

*Background.*                     On September 7, 2005, the Commission determined that the domestic interested party group response to its notice of institution (70 FR 31537, June 1, 2005) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting a full review.[1]                                          Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Act.[2] 

*Staff report.*                     A staff report containing information concerning the subject matter of the review will be placed in the nonpublic record on October 6, 2005, and made available to persons on the Administrative Protective Order service list for this review. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission's rules.                

*Written submissions.*                     As provided in section 207.62(d) of the Commission's rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution,[3]                                          and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before October 12, 2005 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by October 12, 2005. However, should the Department of Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce's final results is three business days after the issuance of Commerce's results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the Commission's Handbook on Electronic                           ( print page 55165)                        Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).                

In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

*Determination.*                     The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B).                

Authority:This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.

By order of the Commission.

Issued: September 14, 2005.

Marilyn R. Abbott,

Secretary to the Commission.

# Footnotes

1.                             A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's web site.                    
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2.                             Commissioner Pearson dissented and Commissioner Aranoff did not participate.                    
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3.                             The Commission has found the responses submitted by Diamond Sparkler Manufacturing Co., Inc. and Elkton Sparkler Co., Inc. to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)).                    
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[FR Doc. 05-18625 Filed 9-19-05; 8:45 am]

BILLING CODE 7020-02-P