[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5140-5141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1940]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-804]
Sparklers From the People's Republic of China: Final Results of
Sunset Review and Revocation of Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: December 5, 2010.
SUMMARY: On November 1, 2010, the Department of Commerce (``the
Department'') initiated the third sunset review of the antidumping duty
order on sparklers from the People's Republic of China (``PRC'').
Because the domestic interested parties did not participate in this
sunset review, the Department is revoking this antidumping duty order.
[[Page 5141]]
FOR FURTHER INFORMATION CONTACT: Jennifer Moats, AD/CVD Operations,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-5047.
SUPPLEMENTARY INFORMATION: On June 18, 1991, the Department issued an
antidumping duty order on sparklers from the PRC. See Antidumping Duty
Order: Sparklers From the People's Republic of China, 56 FR 27946 (June
18, 1991). On December 5, 2005, the Department published its most
recent continuation of the order. See Continuation of Antidumping Duty
Order: Sparklers From the People's Republic of China, 70 FR 72425
(December 5, 2005). On November 1, 2010, the Department initiated the
current sunset review of this order. See Initiation of Five-Year
(``Sunset'') Review, 75 FR 67082 (November 1, 2010).
We did not receive a notice of intent to participate from domestic
interested parties in this sunset review by the deadline date. As a
result, in accordance with 19 CFR 351.218(d)(1)(iii)(A), the Department
determined that no domestic interested party intends to participate in
the sunset review and, on November 22, 2010, we notified the
International Trade Commission, in writing, that we intend to issue a
final determination revoking this antidumping duty order. See 19 CFR
351.218(d)(1)(iii)(B)(2).
Scope of the Order
The products subject to this order 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 classified
under subheadings 3604.10.10.00, 3604.10.90.10, and 3604.10.90.50 of
the Harmonized Tariff Schedule of the United States (``HTSUS'').
Sparklers were formerly classified under HTSUS subcategory 3604.10.00.
The Department has reviewed the current categories and has determined
that sparklers are currently classified in the above subcategories.
Although HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise under the order is
dispositive.
Determination To Revoke
Pursuant to section 751(c)(3)(A) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.218(d)(1)(iii)(B)(3), if no
domestic interested party files a notice of intent to participate, the
Department shall, within 90 days after the initiation of the review,
issue a final determination revoking the order. Because the domestic
interested parties did not file a notice of intent to participate in
this sunset review, the Department finds that no domestic interested
party is participating in this sunset review. Therefore, consistent
with 19 CFR 351.222(i)(1)(i) and section 751(c)(3)(A) of the Act, we
are revoking this antidumping duty order. The effective date of
revocation is December 5, 2010, the fifth anniversary of the date of
publication in the Federal Register of the most recent notice of
continuation of this antidumping duty order. See 751(c)(6)(A)(iii) of
the Act, and 19 CFR 351.222(i)(2)(i).
Effective Date of Revocation
Pursuant to sections 751(c)(3)(A) and 751(c)(6)(A)(iii) of the Act,
and 19 CFR 351.222(i)(2)(i), the Department will instruct U.S. Customs
and Border Protection (``CBP'') to terminate the suspension of
liquidation of the merchandise subject to this order entered, or
withdrawn from warehouse, on or after December 5, 2010. The Department
will issue instructions to CBP 15 days after publication of this
notice. Entries of subject merchandise prior to the effective date of
revocation will continue to be subject to suspension of liquidation and
antidumping duty deposit requirements. The Department will complete any
pending administrative reviews of this order and will conduct
administrative reviews of subject merchandise entered prior to the
effective date of revocation in response to appropriately filed
requests of review.
This five-year (sunset) review and notice are published in
accordance with sections 751(c) and 777(i)(1) of the Act.
Dated: January 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-1940 Filed 1-27-11; 8:45 am]
BILLING CODE 3510-DS-P