Notice of Postponement of Final Antidumping Duty Determination: Disposable Pocket Lighters From the People's Republic of China

DEPARTMENT OF COMMERCE

(A-570-834)

Notice of Postponement of Final Antidumping Duty Determination:

Disposable Pocket Lighters From the People's Republic of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: January 31, 1995.

FOR FURTHER INFORMATION CONTACT: Julie Anne Osgood or Todd Hansen,

Office of Countervailing Investigations, Import

[[Page 5900]] Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue NW.,

Washington, D.C. 20230; telephone (202) 482-0167 or 482-1276,

respectively.

Case History

Since our preliminary determination in this investigation on

December 5, 1994 (59 FR 64191, December 13, 1994), the following events

have occurred.

On December 9 and 19, 1994, counsel for Cli-Claque Company, Ltd.

(``Cli-Claque'') and counsel for Gao Yao (HK) Hua Fa Industrial Co.,

Ltd. (``Gao Yao''), China National Overseas Trading Corporation

(``COTCO'') and Guangdong Light Industrial Products Import & Export

Corporation (``GLIP''), respectively, requested a postponement of 60

days of the final determination in this investigation due to the

complex nature of this investigation, the need for additional time to

gather records and information for verification, and the scheduling

conflicts resulting from respondents' observance of Chinese New Year.

On December 16, 1994, PolyCity Industrial, Ltd. (``PolyCity'')

filed its objection to a full extension of the final determination,

stating it believes that its margin will decrease dramatically in the

Department's final determination and that a postponement disadvantages

it by delaying proceedings. PolyCity had previously requested an

extension until March 8, 1995.

Postponement of Final Antidumping Determination

Under Section 735(a)(2) of the Tariff Act of 1930, as amended,

(``the Act'') (19 U.S.C. 1673(a)(2)), and section 353.20(b) of the

Department's regulations (19 CFR 353.20(b)), if, subsequent to an

affirmative preliminary determination, the Department receives a

request for postponement of the final determination from the producers

or resellers of a significant proportion of subject merchandise, the

Department will postpone the final determination absent compelling

reasons for denial.

Cli-Claque, COTCO, Gao Yao and GLIP collectively account for a

significant portion of sales to the United States of merchandise under

investigation and have preliminarily been found to constitute

independent companies entitled to rates separate from the country-wide

rate for PRC manufacturers, producers and/or exporters of the subject

merchandise. Although PolyCity, which also has preliminarily been found

to be an independent company entitled to a separate rate, has objected

to a full postponement, given the complicated nature of this

investigation, and to ensure a complete and thorough verification of

all responses, we are postponing our final determination until no later

than April 27, 1995.

Scope of the Investigation

The products covered by this investigation are disposable pocket

lighters, whether or not refillable, whose fuel is butane, isobutane,

propane, or other liquefied hydrocarbon, or a mixture containing any of

these, whose vapor pressure at 75 degrees Fahrenheit (24 degrees

Celsius) exceeds a gauge pressure of 15 pounds per square inch. Non-

refillable pocket lighters are imported under subheading 9613.10.0000

of the Harmonized Tariff Schedule of the United States (``HTSUS'').

Refillable, disposable pocket lighters would be imported under

subheading 9613.20.0000. Although the HTSUS subheadings are provided

for convenience and Customs purposes, our written description of the

scope of this proceeding is dispositive.

Suspension of Liquidation

On January 4, 1995, we published in the Federal Register (60 FR

436) our preliminary affirmative determination of critical

circumstances with regard to imports of subject merchandise from Cli-

Claque and COTCO, and with respect to manufacturers, producers and/or

exporters that have not established their independence from central

government control and to which the PRC country-wide rate will apply.

Therefore, we have directed the U.S. Customs Service to suspend

liquidation of any unliquidated entries of disposable pocket lighters

exported from the PRC by the above-mentioned companies (i.e., any

exporter of subject merchandise other than Gao Yao, GLIP and PolyCity)

that are entered or withdrawn from warehouse for consumption on or

after September 14, 1994, which is 90 days prior to the date of

publication of our preliminary determination in this proceeding. The

Customs Service shall require a cash deposit or posting of a bond equal

to the estimated dumping margins, as published in our preliminary

determination for this investigation. This suspension of liquidation

will remain in effect until further notice.

Public Comment

In accordance with 19 CFR 353.38, case briefs or other written

comments in at least six copies must be submitted to the Assistant

Secretary no later than March 27, 1995, and rebuttal briefs no later

than April 3, 1995. A hearing will be held on April 10, 1995, at 9:00

am at the U.S. Department of Commerce in Room 1412. Parties should

confirm by telephone the time, date, and place of the hearing 48 hours

prior to the scheduled time. In accordance with 19 CFR 353.38(b), oral

presentations will be limited to issues raised in the briefs.

We will make our final determination not later than April 27, 1995,

135 days after the date of publication of our preliminary affirmative

determination of sales at less than fair value.

This notice is published pursuant to section 735(a) of the Act and

19 CFR 353.20(b)(2).

Dated: January 20, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-2353 Filed 1-30-95; 8:45 am]

BILLING CODE 3510-DS-P