[Federal Register: July 6, 2004 (Volume 69, Number 128)]
[Notices]
[Page 40611-40612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy04-30]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-101]
Greige Polyester Cotton Printcloth From the People's Republic of
China: Final Results of Expedited Sunset Review of Antidumping Duty
Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of the second expedited sunset review
of antidumping duty order on Greige Polyester Cotton Printcloth from
the People's Republic of China.
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SUMMARY: On March 1, 2004, the Department of Commerce (``the
Department'') published the notice of initiation of the second sunset
review of the antidumping duty order on Greige Polyester Cotton
Printcloth from the People's Republic of China pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act''). See
Initiation of Five Year (``Sunset'') Reviews, 69 FR 9585 (March 1,
2004). Because the Department did not receive any response from
respondent interested
[[Page 40612]]
parties, we determined to conduct an expedited (120-day) sunset review.
See 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this review, we find
that revocation of the antidumping duty order would be likely to lead
to continuation or recurrence of dumping at the levels listed below in
the section entitled ``Final Results of Review.''
EFFECTIVE DATE: July 6, 2004.
FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., Office of
Policy, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW., Room
2837, Washington, DC 20230; telephone: (202) 482-4340.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2004, the Department published the notice of initiation
of the second sunset review of the antidumping duty order on greige
polyester cotton printcloth from the People's Republic of China
pursuant to section 751(c) of the Act.\1\ The Department received the
Notice of Intent to Participate on behalf of Alice Manufacturing
Company, Inc. and Mount Vernon Mills, Inc., the domestic interested
parties, within the deadline specified in section 351.218(d)(1)(i) of
the Department's Regulations (``Sunset Regulations''). The domestic
interested parties claimed interested party status under section
771(9)(C) of the Act, as domestic producers of greige polyester cotton
printcloth. We received complete substantive responses from all
domestic interested parties within the 30-day deadline specified in the
Sunset Regulations under section 351.218(d)(3)(i). We received nothing
from respondent interested parties. As a result, pursuant to section
751(c)(5)(A) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited (120-day) sunset review of this
finding.
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\1\ Initiation of Five-Year (Sunset) Reviews, 69 FR 9585 (March
1, 2004).
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Scope of Review
The scope remains unchanged from the Final Results of Expedited
Sunset Review; Greige Polyester Cotton Printcloth from the People's
Republic of China, 64 FR 13399 (March 18, 1999). The merchandise
subject to this antidumping order is greige polyester cotton
printcloth, other than 80 x 80 type. Greige polyester cotton printcloth
is of chief weight cotton,\2\ unbleached and uncolored printcloth. The
term ``printcloth'' refers to plain woven fabric, not napped, not fancy
or figured, of singles yarn, not combed, of average yarn number 43 to
68,\3\ weighing not more than 6 ounces per square yard, of a total
count of more than 85 yarns per square inch, of which the total count
of the warp yarns per inch and the total count of the filling yarns per
inch are each less than 62 percent of the total count of the warp and
filling yarns per square inch. This merchandise is currently
classifiable under Harmonized Tariff Schedule (HTSUS) item
5210.11.6060. The HTSUS item numbers are provided for convenience and
U.S. Customs purposes. The written description remains dispositive.
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\2\ In the scope from the original investigation, the Department
defined the subject merchandise by chief value (i.e., the subject
merchandise was of chief value cotton). For the purposes of this
review, we have incorporated Custom's conversion to chief weight
(i.e., the subject merchandise is of chief weight cotton). See
Memorandum, RE: Greige Polyester Cotton Printcloth-Scope, February
25, 1999.
\3\ Under the English system, this average yarn number count
translates to 26 to 40. The average yarn number counts reported in
previous scope descriptions by the Department are based on the
English system of yarn number counts. Per phone conversations with
U.S. Customs and Border Protection (``Customs'') officials, Customs
now relies on the metric system to establish average yarn number
counts. Thus, the 26 to 40 average yarn number count under the
English system translates to a 43 to 68 average yarn number count
under the metric system. See Memorandum, RE: Greige Polyester Cotton
Printcloth-Scope, February 19, 1999.
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Analysis of Comments Received
All issues raised in this case are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen,
Acting Director, Office of Policy, Import Administration, to Jeffrey A.
May, Acting Assistant Secretary for Import Administration, dated June
29, 2004, which is hereby adopted by this notice. The issues discussed
in the Decision Memo include the likelihood of continuation or
recurrence of dumping and the magnitude of the margin likely to prevail
if the finding were to be revoked. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendations in this public memorandum, which is on file in room B-
099 of the main Commerce Building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the
heading ``July 2004.'' The paper copy and electronic version of the
Decision Memo are identical in content.
Final Results of Review
We determine that revocation of the antidumping duty finding on
Greige Polyester Cotton Printcloth from the People's Republic from
China would be likely to lead to continuation or recurrence of dumping
at the following weighted-average percentage margins:
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Weighted-average
Manufacturers/Exporters/Producers margin percent
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China-wide......................................... 22.4
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This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305 of the
Department's regulations. Timely notification of the return or
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 which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: June 29, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-15229 Filed 7-2-04; 8:45 am]
BILLING CODE 3510-DS-P