[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Notices]
[Pages 16605-16606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8014]



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DEPARTMENT OF COMMERCE
[A-570-804]


Sparklers from the People's Republic of China; Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review.

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SUMMARY: On October 18, 1994, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review of the antidumping duty order on sparklers from the People's 
Republic of China (PRC) (59 FR 52510). The review was requested for one 
manufacturer, Guangxi Native Produce Import and Export Corporation, 
Beihai Fireworks and Firecrackers Branch (Guangxi), of the subject 
merchandise to the United States and the review period June 1, 1992 
through May 31, 1993.
    We gave interested parties an opportunity to comment on our 
preliminary results. We received no [[Page 16606]] comments. The final 
results are unchanged from those presented in the preliminary results.

EFFECTIVE DATE: March 31, 1995.

FOR FURTHER INFORMATION CONTACT:
Matthew Blaskovich or Zev Primor, Office of Antidumping Compliance, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-5831/4114.

SUPPLEMENTARY INFORMATION:

Background

    On June 18, 1991, the Department published in the Federal Register 
the antidumping duty order on sparklers from the PRC (56 FR 27946). On 
June 7, 1993, the Department published a notice in the Federal Register 
notifying interested parties of the opportunity to request an 
administrative review of sparklers from the PRC (58 FR 31941). On June 
28, 1993, the petitioners requested, in accordance with 19 CFR 
353.22(a), that we conduct an administrative review of exports to the 
United States by Guangxi, for the period June 1, 1992, through May 31, 
1993. Guangxi had received a separate rate in the final determination 
of sales at less than fair value (LTFV). We published a notice of 
initiation of the antidumping administrative review on July 21, 1993 
(58 FR 39007). On October 18, 1994, the Department published in the 
Federal Register the preliminary results of its administrative review 
of the antidumping duty order on sparklers from the PRC. The Department 
has now completed that review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).

Scope of the Review

    The products covered by this administrative review are sparklers 
from the PRC. Sparklers are fireworks, each comprising a cut-to-length 
wire, one end of which is coated with a chemical mix that emits bright 
sparks while burning. Sparklers are currently classifiable under 
subheading 3604.10.00 of the Harmonized Tariff Schedules (HTS). The HTS 
subheadings are provided for convenience and customs purposes. The 
written description remains dispositive as to the scope of this 
proceeding. The period of review (POR) was June 1, 1992, through May 
31, 1993.

Best Information Available

    On February 22, 1994, we mailed Guangxi a questionnaire explaining 
the review procedures. The questionnaire, which covered exports to the 
United States for the POR, was due on April 14, 1994. We did not 
receive a response by the due date and, thus, asked Skypak 
International Express (TNT) to trace the mailing and verify Guangxi's 
receipt of the document. On May 4, 1994, TNT's delivery office in Hong 
Kong confirmed that the questionnaire was accepted by a representative 
of Guangxi on March 3, 1994. Because we have received no response and 
have not been contacted by Guangxi, we determine that Guangxi is an 
uncooperative respondent. Therefore, in accordance with section 776(c) 
of the Act, we are using the best information available (BIA) as the 
basis for determining a dumping margin for Guangxi's United States 
entries during the POR.
    In determining what to use as BIA, the Department follows a two-
tiered methodology whereby the Department normally assigns lower 
margins to those respondents who cooperate in a review, and margins 
based on more adverse assumptions for those respondents who do not 
cooperate in a review. This methodology has been upheld by the U.S. 
Court of Appeals for the Federal Circuit (see Allied-Signal Aerospace 
Co. v. the United States, Slip Op. 93-1049 (Fed. Cir. June 22, 1993); 
see also Krupp Stahl Ag. et. al. v. the United States, Slip Op. 93-84 
(CIT May 26, 1993)). Given that Guangxi did not respond to the 
Department's questionnaire, we find that Guangxi has not cooperated in 
this review.
    In accordance with our BIA methodology for uncooperative 
respondents, we assign as BIA the higher of: (1) The highest of the 
rates found for any firm for the same class or kind of merchandise in 
the same country of origin in the LTFV investigation or prior 
administrative reviews; or (2) the highest rate found in this review 
for any firm for the same class or kind of merchandise in the same 
country of origin (see Final Results of Antidumping Administrative 
Review: Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From France; et al. (57 FR 28379, June 24, 1992)).
    We are using as BIA the highest rate established in the remand of 
the LTFV final determination (58 FR 53708, July 29, 1993), which was 
93.54 percent.

Final Results of the Review

    We invited interested parties to comment on the preliminary 
results. We received no comments. The final results are therefore 
unchanged from those presented in the preliminary results, and we 
determine that a margin of 93.54 percent exists for Guangxi for the 
period June 1, 1992, through May 31, 1993.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of final results of administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(1) of the Act: (1) The cash 
deposit rate for Guangxi will be the rate as stated above; (2) for PRC 
exporters not covered in this review, a prior review, or the original 
LTFV investigation, the cash deposit rate will be the PRC country-wide 
rate of 93.54 percent, the rate established in the remand of the LTFV 
final determination; and (3) the cash deposit rate for non-PRC 
exporters will be the rate established for that firm if a separate rate 
has been established for that firm; if a non-PRC exporter does not have 
its own separate rate, the deposit rate for that firm's shipments will 
be the rate applicable to the PRC supplier of that exporter.
    These deposit requirements shall remain in effect until the 
publication of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 353.26 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.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: March 16, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-8014 Filed 3-30-95; 8:45 am]
BILLING CODE 3510-DS-M