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

DEPARTMENT OF COMMERCE

[A-570-804]

Sparklers from the People's Republic of China; Preliminary

Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of preliminary results of Antidumping Duty

Administrative Review.

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SUMMARY: In response to a request by the petitioners, the Elkton

Sparkler Company and the Diamond Sparkler Company, the Department of

Commerce (the Department) has conducted an administrative review of the

antidumping duty order on sparklers from the People's Republic of China

(PRC). The review covers one manufacturer/exporter of this merchandise

to the United States and the period June 1, 1992 through May 31, 1993.

As a result of this review, we have preliminarily determined to

assess an antidumping duty of 93.54 percent on the merchandise subject

to the review. Interested parties are invited to comment on these

preliminary results of the review.

EFFECTIVE DATE: October 18, 1994.

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, N.W., 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 Native Produce Import and Export Corporation,

Beihai Fireworks and Firecrackers Branch (Guangxi), for the period June

1, 1992, through May 31, 1993. We published a notice of initiation of

the antidumping administrative review of Guangxi's exports on July 21,

1993 (58 FR 39007).

The Department is now conducting a 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.

Best Information Available

On February 22, 1994, we sent Guangxi a questionnaire and cover

letter, explaining the review procedures, by air mail through TNT

Skypak International Express (TNT).

The questionnaire, which covered exports to the United States for

the period of review, was due by April 14, 1994.We did not receive a

response by the due date and, thus, asked TNT to trace the shipment and

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 calculating a dumping margin for Guangxi's

United States entries during the period of review. In determining what

to use as BIA, the Department follows a two-tiered methodology whereby

the Department assigns a lower BIA margin to those respondents who

cooperate in a review, and a margin based on more adverse assumptions

to those respondents who do not cooperate, or who significantly impede

the review. See Final Results of Antidumping Administrative Review:

Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts

Thereof From the Federal Republic of Germany (56 FR 31704-05, July 11,

1991).

In the case of uncooperative respondents, we use 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 less-than-fair-value (LTFV) investigation

or prior administrative reviews; or (2) the highest calculated rate in

this review for any firm. There were no other firms involved in this

review. Therefore, we have used 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.

Preliminary Results of the Review

As a result of our review, we preliminarily determine the dumping

margin to be the following:

------------------------------------------------------------------------

Margin

Manufacturer/exporter Time period (percent)

------------------------------------------------------------------------

Guangxi Native Produce Import and Export

Corporation, Beihai Fireworks and

Firecrackers Branch..................... 6/1/92-5/31/93 93.54

------------------------------------------------------------------------

Interested parties to this proceeding may request disclosure within

5 days of publication of this notice and may request a hearing within

10 days of publication. Interested parties may submit case briefs and/

or written comments not later than 30 days after the date of

publication. Rebuttal briefs and rebuttals to written comments, limited

to issues raised in such briefs or comments, may be filed not later

than 37 days after the date of publication. Any hearing, if requested,

will be held 44 days after the date of publication, or the first

workday thereafter. The Department will publish a notice of the final

results of this administrative review, which will include the results

of its analysis of issues raised in any briefs or comments.

Upon completion of this review, the Department shall determine, and

the U.S. Customs Service shall assess, antidumping duties on all

appropriate entries. The Department will issue appraisement

instructions directly to the U.S. Customs Service.

Furthermore, the following deposit requirements will be effective

upon publication of this notice of final results of administrative

review for all shipments of sparklers from the PRC 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

previously reviewed or investigated companies not listed above, the

cash deposit rate will continue to be the company-specific rate

published for the most recent period; (3) 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 for

exporters not covered in the investigation; and (4) 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, when imposed, shall remain in effect

until publication of the final results of the next administrative

review.

This notice also serves as a preliminary 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: October 7, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-25786 Filed 10-17-94; 8:45 am]

BILLING CODE 3510-DS-P