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

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