[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Notices]
[Pages 34097-34098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14552]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-501]
Natural Bristle Paint Brushes and Brush Heads From the People's
Republic of China: Notice of Initiation and Preliminary Results of
Changed Circumstance Review, and Intent To Revoke the Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 7, 2010, the Department of Commerce (``Department'')
received a request for a changed circumstances review to revoke the
antidumping duty order on natural bristle paint brushes and brush heads
from the People's Republic of China (``PRC''). See generally,
Antidumping Duty Order: Natural Bristle Paint Brushes and Paint Brush
Heads from the People's Republic of China, 51 FR 5580 (Feb. 14, 1986)
and Amended Antidumping Duty Order: Natural Bristle Paint Brushes and
Paint Brush Heads from the People's Republic of China, 51 FR 8342
(March 11, 1986) (``Order''). The domestic industry submitted a letter
to the Department expressing a lack of interest in antidumping duty
relief from imports of the subject merchandise. Therefore, we are
notifying the public of our intent to revoke the above referenced Order
and are inviting interested parties to comment on these preliminary
results.
DATES: Effective Date: June 16, 2010.
[[Page 34098]]
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Catherine Bertrand,
Import Administration, International Trade Administration, Department
of Commerce, 14th Street and Constitution Avenue, NW., Washington DC
20230; telephone (202) 482-9068 and (202) 482-3207, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 22, 2010, the Department published the Natural Bristle
Paint Brushes and Brush Heads from the People's Republic of China:
Final Results of the Expedited Sunset Review of the Antidumping Duty
Order, 75 FR 13489 (March 22, 2010).
On May 7, 2010, the Department received a request, pursuant to
sections 751(d)(1) and 782(h)(2) of the Tariff Act of 1930, as amended
(``the Act''), and 19 CFR 351.222(g), to revoke the Order based on an
expression of no interest from the Paint Applicators Trade Action
Coalition (``PATAC''), an ad hoc coalition of producers of the domestic
like product, and the Paint Applicator Division of the American Brush
Manufacturers Association (``ABMA''), a trade association (collectively
the ``Paint Applicators''). On May 17, 2010, the Department requested
that the Paint Applicators demonstrate that they account for
substantially all of the U.S. production of the domestic like product
for the period of April 1, 2009, through March 31, 2010. On May 24,
2010, the Paint Applicators responded to the Department's request and
indicated that, to the best of their knowledge, they represented at
least 85 percent of the production of domestic like product during the
period identified by the Department.
Scope of the Order
The merchandise covered by the scope of the Order are natural
bristle paintbrushes and brush heads from the PRC. Excluded from the
scope of the Order are paint brushes and brush heads with a blend of 40
percent natural bristles and 60 percent synthetic filaments. The
merchandise under review is currently classifiable under item
9603.40.40.40 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Although the HTSUS subheading is provided for convenience
and customs purposes, the Department's written description of the scope
of the merchandise is dispositive.
Initiation and Preliminary Results of Changed Circumstances Review, and
Intent To Revoke the Order
At the request of the Paint Applicators, and in accordance with
sections 751(d)(1) and 751(b)(1) of the Act and 19 CFR 351.216, the
Department is initiating a changed circumstances review to determine
whether the revocation of the Order is warranted. Section 782(h)(2) of
the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may
revoke an order (in whole or in part) if it determines that producers
accounting for substantially all (i.e., at least 85 percent) \1\ of the
production of the domestic like product have expressed no further
interest in the order. In addition, in the event the Department
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii)
permits the Department to combine the notices of initiation and
preliminary results.
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\1\ The Department has defined ``substantially all'' to mean
accounting for over 85% of the total production of the domestic like
product. See Certain Orange Juice from Brazil: Preliminary Results
of Antidumping Duty Changed Circumstances Review and Intent Not to
Revoke, In Part, 73 FR 60214 (October 10, 2008), unchanged in
Certain Orange Juice From Brazil: Final Results of Antidumping Duty
Changed Circumstances Review, 74 FR 4733 (January 27, 2009).
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In accordance with section 751(b) of the Act, and 19 CFR 351.222(g)
and 351.216(b), we are initiating this changed circumstances review and
have determined that, pursuant to 19 CFR 351.221(c)(3)(ii), expedited
action is warranted. We find that the Paint Applicators' affirmative
statement of no interest, and its statement that it produced
substantially all of the domestic like product during the period
identified by the Department, provides a reasonable basis for the
Department's determination to conduct an expedited review. Based on the
expression of no interest and claims of accounting for substantially
all of the domestic production of the domestic like product by the
Paint Applicators, and absent any objection by any other domestic
interested parties or any evidence to the contrary, we have also
preliminarily determined that substantially all of the domestic
producers of the domestic like product have no interest in the
continued application of the Order. Therefore, we are notifying the
public of our intent to revoke the Order. If we make a final
determination to revoke the Order, this determination will apply to all
unliquidated entries of subject merchandise covered by the Order which
are entered, or withdrawn from warehouse, for consumption on or after
the date determined by the Department. See section 751(d)(3) of the
Act. Suspension of liquidation is considered removed upon publication
of the final results in the Federal Register and the Department will
instruct U.S. Customs and Border Protection to liquidate without regard
to antidumping duties and to refund any estimated antidumping duties
collected. See 19 CFR 351.222(g)(4). The current requirement for a cash
deposit of estimated antidumping duties on subject merchandise covered
by the Order will continue unless, and until, we publish a final
determination to revoke.
Public Comment
Interested parties are invited to comment on these preliminary
results. Parties who submit argument in this proceeding are requested
to submit with the argument: (1) A statement of the issue, and (2) a
brief summary of the argument. Any interested party may request a
hearing within 10 days of the date of publication of this notice. Any
hearing, if requested, will be held no later than 25 days after the
date of publication of this notice, or the first workday thereafter.
Case briefs may be submitted by interested parties not later than 21
days after the date of publication of this notice. Rebuttal briefs,
limited to the issues raised in the case briefs, may be filed not later
than 5 days after the due date for case briefs. All written comments
shall be submitted in accordance with 19 CFR 351.303. Persons
interested in attending the hearing should contact the Department for
the date and time of the hearing. The Department will publish the final
results of this changed circumstances review, including the results of
its analysis of issues raised in any written comments.
The preliminary results of this review and notice are in accordance
with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.221(b)(1).
Dated: June 9, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-14552 Filed 6-15-10; 8:45 am]
BILLING CODE 3510-DS-P