[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Notices]
[Pages 28419-28420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12093]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-878]
Persulfates From the People's Republic of China: Final Results of
the 2009-2010 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 11, 2011, the Department of Commerce (``Department'')
published its Preliminary Results for the administrative review of the
antidumping duty order on persulfates from the People's Republic of
China (``PRC'') covering the period July 1, 2009, through June 30,
2010.\1\ We invited interested parties to comment on our Preliminary
Results. FMC Corporation (``FMC''), a domestic producer of persulfates
and an interested party in this review, commented that it fully
supports our Preliminary Results. No other party submitted comments.
Therefore, the Preliminary Results are hereby adopted as the final
results.
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\1\ See Persulfates From the People's Republic of China:
Preliminary Results of the 2009-2010 Antidumping Duty Administrative
Review, 76 FR 13358 (March 11, 2011) (``Preliminary Results'').
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DATES: Effective Date: May 17, 2011.
FOR FURTHER INFORMATION CONTACT: Brandon Petelin or Charles Riggle, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
8173 and (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2011, the Department published its Preliminary Results
for the administrative review of the antidumping duty order on
persulfates from the PRC covering the July 1, 2009, through June 30,
2010, period of review (``POR''). For the Preliminary Results, because
United Initiators (Shanghai) Co., Ltd. (``United Initiators'') did not
respond to the Department's questionnaire, we were unable to determine
if United Initiators was eligible for a separate rate.\2\ United
Initiators did not rebut the Department's presumption of government
control and was, therefore, presumed to be part of the PRC-wide entity.
Further, in accordance with sections 776(a)(2)(A) and (B) of the Tariff
Act of 1930, as amended (``Act''), because the PRC-wide entity
(including United Initiators) failed to cooperate to the best of its
ability by not responding to our questionnaire, we found it appropriate
to use adverse facts available.\3\ On March 21, 2011, FMC submitted
comments stating that it fully supports the Department's Preliminary
Results. No other party submitted comments.
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\2\ On October 8, 2010, the Department confirmed that United
Initiators signed for and received our mailing of the antidumping
duty questionnaire. United Initiators did not respond to the
Department's antidumping duty questionnaire. On January 3, 2011, the
Department placed on the record of this administrative review the
UPS International Air Waybill receipt and delivery confirmation for
the questionnaire issued to United Initiators to confirm that we
mailed, and United Initiators received and signed for, the
questionnaire.
\3\ See Preliminary Results.
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Scope of the Order
The products covered by this review are persulfates, including
ammonium, potassium, and sodium persulfates. The chemical formula for
these persulfates are, respectively,
(NH4)2S2O8,
K2S2O8, and
Na2S2O8. Potassium persulfates are
currently classifiable under subheading 2833.40.10 of the Harmonized
Tariff Schedule of the United States
[[Page 28420]]
(``HTSUS''). Sodium persulfates are classifiable under HTSUS subheading
2833.40.20. Ammonium and other persulfates are classifiable under HTSUS
subheadings 2833.40.50 and 2833.40.60. Although the HTSUS subheadings
are provided for convenience and customs purposes, our written
description of the scope of this review is dispositive.
Analysis of Comments Received
On March 21, 2011, FMC submitted comments stating that it fully
supports our Preliminary Results. Because no other party commented on
the Preliminary Results, we have adopted the Preliminary Results as the
final results, including the margin determined therein.\4\
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\4\ See id.
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Final Results of Review
We find that the following weighted-average dumping margin exists
for the July 1, 2009, through June 30, 2010, POR:
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Margin
Manufacturer/Exporter (percent)
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PRC-Wide Entity *........................................... 119.02
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* The PRC-wide entity includes United Initiators.
Assessment Rates
The Department has determined, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries covered by this review. The Department intends to
issue assessment instructions to CBP 15 days after the publication date
of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(C) of the Act: (1) For the PRC-wide
entity (which includes United Initiators), the cash deposit rate will
be the PRC-wide rate established in these final results of review; (2)
for previously investigated or reviewed PRC and non-PRC exporters not
listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise that have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-wide rate; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporters that supplied
that non-PRC exporter. These deposit requirements shall remain in
effect until further notice.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties. This notice also serves as a
reminder to parties subject to administrative protective order
(``APO'') of their responsibility concerning the return or destruction
of proprietary information disclosed under APO in accordance with 19
CFR 351.305, which continues to govern business proprietary information
in this segment of the proceeding. Timely written notification of the
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation that is subject to
sanction.
This notice of the final results of this administrative review is
issued and published in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: May 10, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-12093 Filed 5-16-11; 8:45 am]
BILLING CODE 3510-DS-P