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68094 Federal Register / Vol. 67, No.

217 / Friday, November 8, 2002 / Notices

Paragraph 7, Sentence 1, should read DEPARTMENT OF COMMERCE Commerce, formally determined on

‘‘Signed in Washington, DC, this 7th day September 19, 2002, pursuant to section
of October, 2002.’’ Bureau of Industry and Security 10(d) of the Federal Advisory
Dated: October 31, 2002. Committee Act, as amended, that the
National Infrastructure Advisory series of meetings or portions of
Dennis Puccinelli, Council; Notice of Partially Closed meetings of this Council and of any
Executive Secretary. Meeting Subcommittees thereof, dealing with
[FR Doc. 02–28526 Filed 11–7–02; 8:45 am] information, the premature disclosure of
The National Infrastructure Advisory
Council (NIAC) will meet on Tuesday, which would be likely significantly to
November 26, 2002, from 2 p.m. until 4 frustrate implementation of proposed
p.m. at the Truman Room of the White agency action shall be exempt from the
DEPARTMENT OF COMMERCE provisions relating to public meetings
House Conference Center, 726 Jackson
Place, NW., Washington, DC 20503. found in section 10(a)(1) and (a)(3), of
Bureau of Industry and Security
Limited seating will be available for the the Federal Advisory Committee Act, 5
Materials Processing Equipment open sessions of the meeting. U.S.C. 552b(c)(9)(B). The remaining
Technical Advisory Committee; Notice Reservations are not accepted. The series of meetings or portions thereof
of Open Meeting Council advises the President of the will be open to the public.
For more information contact Eric T.
The Materials Processing Equipment United States on the security of
Werner on (202) 482–7470.
Technical Advisory Committee will information systems for critical
infrastructure supporting other sectors Dated: November 8, 2002.
meet on December 5, 2002 at 9 a.m. in Eric T. Werner,
room 6087B of the Herbert C. Hoover of the economy, including banking and
finance, transportation, energy, Council Liaison Officer.
Building, 14th Street between
Pennsylvania and Constitution manufacturing, and emergency [FR Doc. 02–28712 Filed 11–7–02; 8:45 am]
Avenues, NW., Washington, DC. The government services. At this meeting, BILLING CODE 3510–JT–M

committee advises the Office of the the Council will continue deliberations
Assistant Secretary for Export concerning comments it is formulating
for the President concerning the draft DEPARTMENT OF COMMERCE
Administration with respect to technical
questions that affect the level of export National Strategy to Secure Cyberspace.
International Trade Administration
controls applicable to materials Agenda
processing equipment and related [A–570–007]
technology. Open Session
Barium Chloride From the People’s
I. Welcome—Mr. Davidson, Mr. Clarke,
Agenda Republic of China: Preliminary Results
and Mr. Juster.
1. Election of Chairman. II. Review and approval of Summary of and Rescission in Part of Antidumping
2. Presentation of papers or comments Duty Administrative Review
Conclusions from November 15
by the public. meeting. AGENCY: Import Administration,
3. Update on the Wassenaar International Trade Administration,
Arrangement with discussion on Closed Session
Department of Commerce.
machine tool issues. III. Closed briefing—PCIPB Staff. ACTION: Notice of Preliminary Results
4. Review of laser measuring IV. Discussion of NIAC comments on and Rescissions in Part of Antidumping
equipment. draft National Strategy to Secure Duty Administrative Review of Barium
The meeting will be open to the Cyberspace—Mr. Davidson, NIAC Chloride from the People’s Republic of
public and a limited number of seats members, PCIPB Staff. China.
will be available. Reservations are not V. Adoption of NIAC comments—NIAC
accepted. To the extent that time members. SUMMARY: In response to a request from
permits, members of the public may the petitioner, the Department of
Open Session Commerce (the Department) is
present oral statements to the
Committee. Written statements may be VI. NIAC Priorities—Mr. Davidson and conducting an administrative review of
submitted at any time before or after the Mr. Clarke. the antidumping duty order on barium
meeting. However, to facilitate VII. New Business. chloride from the People’s Republic of
distribution of public presentation VIII. Adjourn. China (PRC). The period of review
materials to Committee members, the Written comments may be submitted (POR) is October 1, 2000 through
Committee suggests that presenters at any time before or after the meeting. September 30, 2001. The petitioner
forward the public presentation However, to facilitate distribution of requested a review of 11 exporters. One
materials two weeks prior to the public presentation materials to Council company reported that it had no
meeting date to the following address: members, the Council suggests that shipments of subject merchandise to the
Ms. Lee Ann Carpenter, Advisory presenters forward the public United States during the POR, and we
Committees MS: 3876, Bureau of presentation materials, ten days prior to have confirmed that claim with the U.S.
Industry and Security, U.S. Department the meeting date, to the following Customs Service (Customs).
of Commerce, Washington, DC 20230. address: Ms. Wanda Rose, Critical Accordingly, we are preliminary
For more information contact Lee Ann Infrastructure Assurance Office, Bureau rescinding the review with respect to
Carpenter at 202–482–2583. of Industry and Security, U.S. this firm. Because the remaining
Department of Commerce, Room 6095, exporters have not responded to our
Dated: November 5, 2002. questionnaire, we have preliminary
14th Street & Constitution Avenue, NW.,
Lee Ann Carpenter, Washington, DC 20230. determined to use facts otherwise
Committee Liaison Officer. The Office of the Chief Financial available for cash-deposit and
[FR Doc. 02–28466 Filed 11–7–02; 8:45 am] Officer and Assistant Secretary for assessment purposes for all producers/
BILLING CODE 3510–JT–M Administration, U.S. Department of exporters of the subject merchandise.

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Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Notices 68095

We invite interested parties to On November 21, 2001, the Available Rate’’ section of this notice
comment on these preliminary results. Department published a notice of below.
Parties who submit comments are initiation of an administrative review of Pursuant to section 751(a)(3)(A) of the
requested to submit with each the producers/exporters named by the Act, the Department may extend the
argument: (1) A statement of the issue petitioner in its review request (66 FR deadline for completion of the
and (2) a brief summary of the 58432). On December 21, 2001, we preliminary results of an administrative
argument. received a letter from Zhangjiaba stating review if it determines that it is not
that ‘‘during the * * * POR, Zhangjiaba practicable to complete the preliminary
EFFECTIVE DATE: November 8, 2002. Chemical made no shipments or sales of results of a review within the statutory
FOR FURTHER INFORMATION CONTACT: John subject barium chloride to the United time limit of 245 days. On July 8, 2002,
Conniff or Drew Jackson, AD/CVD States.’’ in accordance with the Act, the
Enforcement, Office 4, Group II, Import On January 14, 2002, the Department Department extended the time limit for
Administration, International Trade sent antidumping questionnaires to all the preliminary results of this review
Administration, U.S. Department of of the parties named in the notice of until September 30, 2002. See Barium
Commerce, 14th Street and Constitution initiation for whom we could find Chloride from the People’s Republic of
Avenue, NW., Washington, DC 20230; addresses.1 We requested that the PRC China: Extension of Time Limit for
telephone (202) 482–1009 or (202) 482– Ministry of Foreign Trade and Economic Preliminary Results of Antidumping
4406, respectively. Cooperation (MOFTEC) deliver the Duty Administrative Review, 67 FR
questionnaires to four named parties for 45088 (July 8, 2002). On August 8, 2002,
whom we could not find addresses. the Department again extended the time
The Applicable Statute and Regulations Subsequently, four questionnaires sent limit for the preliminary results. See
directly to named parties by the Barium Chloride from the People’s
Unless otherwise indicated, all
Department were returned as Republic of China: Extension of Time
citations to the Tariff Act of 1930, as
undeliverable due to incorrect addresses Limit for Preliminary Results of
amended, (the Act) are references to the
or contact information. On January 30, Antidumping Duty Administrative
provisions effective January 1, 1995, the
2002, the Department sent copies of the Review, 67 FR 51535 (August 8, 2002).
effective date of the amendments made
questionnaire to MOFTEC requesting The second extension was until October
to the Act by the Uruguay Round
that it deliver them to the four parties 31, 2002.
Agreements Act. In addition, unless
for whom the questionnaires were The Department is conducting this
otherwise indicated, all citations to the
returned. On March 4, 2002, we sent administrative review in accordance
Department’s regulations are to the
letters to all of the parties named in the with section 751 of the Act.
regulations at 19 CFR part 351 (2001). notice of initiation requesting that they
Period of Review notify the Department in writing by Scope of the Review
March 18, 2002, if they did not have any The imports covered by this review
The POR is October 1, 2000 through U.S. Customs entries, sales or shipments
September 30, 2001. are shipments of barium chloride, a
of the subject merchandise during the chemical compound having the
Background POR. With the exception of the formulas BaCl2 or BaCl2-2H2O,
December 21, 2001, letter from currently classifiable under item
On October 17, 1984, the Department Zhangjiaba, we received no response number 2827.39.45.00 of the
published in the Federal Register (49 from any of the parties from whom we Harmonized Tariff Schedule of the
FR 40635) the antidumping duty order requested information. United States (HTSUS).2 Although the
on barium chloride from the PRC On February 11, 2002, the petitioner HTSUS item number is provided for
(antidumping duty order). On October 1, submitted a request that the Department convenience and for Customs purposes,
2001, the Department published in the calculate a new adverse facts available the written description remains
Federal Register (66 FR 49923) a notice margin for the PRC-wide entity. In the dispositive.
of ‘‘Opportunity to Request submission, the petitioner included
Administrative Review’’ of antidumping Indian factor values, factor usage rates Preliminary Partial Rescission
duty order covering the period October (based on its production experience), We are preliminarily rescinding this
1, 2000 through September 30, 2001. In and an average U.S. price (based on U.S. review with respect to Zhangjiaba
response to the notice of opportunity to import values during the POR) with because it reported that it made no
request an administrative review for this which to calculate a new PRC-wide shipments of subject merchandise to the
POR, the petitioner, Chemical Products margin. On August 23, 2002, Zhangjiaba United States during the POR and our
Corporation (CPC) requested by letter submitted comments opposing the review of Customs data supports that
dated October 31, 2001 that the petitioner’s request. The petitioner assertion.
Department conduct an administrative responded to Zhangjiaba’s comments on
review of the following Chinese September 6, 2002. For a complete Separate Rates Determination
manufacturers/exporters of the subject discussion of the issue raised by the In proceedings involving nonmarket
merchandise: Zhangjiaba Salt Chemical petitioner, see the ‘‘Adverse Facts economy (NME) countries, the
Plant (Zhangjiaba), Hebei Xinji Department begins with a rebuttable
Chemical Plant, Tianjin Chemical 1 Section A of the questionnaire requests separate
presumption that all companies within
Industry Corporation, Qingdao Red Star rates information and general information the country are subject to government
Chemical Group Co., Tianjin Bohai concerning a company’s corporate structure,
business practices, sales practices and products, control and thus should be assessed a
Chemical United Import/Export including the merchandise under consideration. single antidumping deposit rate. It is the
Company, Sichuan Emeishan Salt Section C requests a complete listing of U.S. sales Department’s policy to assign all
Chemical Industry Group Company, of the merchandise under consideration. Section D exporters of merchandise subject to
Ltd., Hengnan, Kunghan, Linshu, requests information regarding the factors of
production of the merchandise under consideration. review in an NME country this single
Tangshan, and China National Section E requests information regarding further
Chemicals Import and Export manufacturing of the merchandise under 2 The scope reflects the HTS item number

Corporation (Sinochem). consideration in the United States. currently in effect.

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68096 Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Notices

rate, unless an exporter can demonstrate Adverse Facts Available Rate with this notice (Factual Information
that it is sufficiently independent so as Although the Department’s general Memorandum).
to be entitled to a separate rate. Because practice is to use as an adverse facts In urging the Department to calculate
none of the companies for which an available rate, the highest rate from any an adverse facts available rate based on
administrative review has been segment of the proceeding, including the information it submitted, the
requested for this POR has the current segment (see Sigma Corp. v. petitioner points out that section 776(b)
demonstrated that it is entitled to a U.S., 117 F.3rd 1401, 1411 (Fed. Cir. of the Act permits the Department to
separate rate, all are deemed to be July 7, 1997) (stating that Commerce has calculate an adverse facts available rate
included in the PRC-wide entity and a ‘‘long-standing practice of assigning to based upon information from the
will be assigned a single margin as respondents who fail to cooperate with petition, other administrative reviews,
discussed below. Commerce’s investigation the highest or any other information placed on the
margin calculated for any party in the record. The petitioner contends that the
Facts Available information it placed on the record of
less-than-fair-value investigation or in
any administrative review’’), the this review (i.e., Customs import data,
Section 776(a)(1) of the Act mandates factor values from publicly available
that the Department shall, subject to petitioner urges the Department to base
the adverse facts available rate on sources, and factor usage information
section 782(d) of the Act, use facts based on its own expertise as a
available in reaching its determination if information it placed on the record of
this review, rather than using the manufacturer of barium chloride)
necessary information is not available satisfies the statutory requirements for
on the record of an antidumping highest rate from any segment of the
use by the Department as facts available
proceeding. In addition, section proceeding. (i.e., 60.84 percent, the rate
under sections 773(c) (outlining NME
776(a)(2) of the Act mandates that the calculated in the 1985–1986
methodology) and 776(b) (use of adverse
Department use facts available when an administrative review that is currently
inferences) of the Act.
interested party or any other person: (A) applicable to all imports of subject Further, the petitioner notes that the
Withholds information requested by the merchandise). Specifically, the Department has used new record
Department; (B) fails to provide petitioner contends that the 60.84 information in administrative reviews to
requested information by the requested percent rate is not an appropriate calculate antidumping rates higher than
date or in the form and manner adverse facts available rate because it is that alleged in the petition or found in
requested; (C) significantly impedes an based on outdated information which earlier proceedings where the new
antidumping proceeding; or (D) does not reflect current market information was probative and verified.
provides information that cannot be conditions and it has neither stopped Citing Stainless Steel Plate in Coils from
verified. In the instant review, none of injurious dumping nor induced named Belgium: Final Results of Antidumping
the named respondents, other than respondents to participate in Duty Administrative Review, 66 FR
Zhangjiaba, answered the Department’s administrative reviews subsequent to 56272 (Nov. 7, 2001) (SSPC from
questionnaire. Thus, pursuant to section the 1985–1986 review. According to the Belgium), the petitioner points out that
776(a) of the Act, the margin for the petitioner, since the 1985–1986 POR, the Department has used financial ratio
PRC-wide entity must be based on facts there have been various changes in the information from the publicly available
available.3 process used by Chinese companies to financial reports of a non-cooperating
produce barium chloride and in the respondent to calculate a margin that
In selecting from among the facts prices of inputs used in that production
otherwise available, section 776(b) of was higher than any margin alleged in
process. Therefore, the petitioner claims the petition or calculated during a
the Act provides that if the Department that it is likely that a recalculated previous review. Additionally, the
finds that an interested party failed to adverse facts available rate, based on the petitioner notes that in Petroleum Wax
cooperate by not acting to the best of its information it has placed on the record, Candles from the People’s Republic of
ability to comply with a request for would reflect current marketplace China: Final Results of the Antidumping
information, the Department may use an behavior better than the 1985–1986 Duty Administrative Review, 66 FR
inference that is adverse to the interests margin. The petitioner also claims that 14545 (Mar. 13, 2001) (Petroleum Wax
of the party. This section of the Act goes a recalculated margin would enable the Candles), although the Department
on to note that such an adverse Department to meet its obligation to rejected the proposed calculation
inference may include reliance on ‘‘determin(e) current margins as submitted by the petitioner in that case
information derived from the petition, a accurately as possible.’’ See Rhone as being inconsistent with the methods
final determination in an antidumping Poulenc, Inc. v. U.S., 899 F.2d 1185, of calculating normal value, it
investigation or review, or any other 1191 (Fed. Cir. 1990). In addition, the nevertheless acknowledged that, where
information placed on the record. petitioner points to the more than 150 an adverse inference is warranted, the
Because all but one of the named percent increase in the volume of U.S. use of ‘‘any other information placed on
respondents failed to reply to our imports of barium chloride from the the record’’ is an appropriate source of
questionnaire and our inquiry regarding PRC between the years 1996 and 2000, information for calculating an adverse
shipments, we preliminarily determine and the extremely low U.S. import facts available margin.
that these entities did not act to the best prices for barium chloride, as evidence Zhangjiaba contends that the
of their abilities to comply with our that the existing adverse facts available Department should dismiss the
requests. Therefore, pursuant to section rate has provided neither a sufficient petitioner’s argument because its
776(b) of the Act, we are basing the incentive for PRC producers to begin assertions are unsubstantiated and its
margin for the PRC-wide entity on trading barium chloride fairly in the request unsupported by the cases to
adverse facts available. United States, nor a sufficient restraint which it cited. In particular, Zhangjiaba
on imports to ameliorate the effects of notes that the petitioner provided
3 Since we received no responses to our
unfair trade on the U.S. industry. See nothing to support its claim that there
questionnaire, section 782(d) of the Act, which
directs the Department to provide parties with an
Memorandum to the File from Drew have been changes in the production
opportunity to remedy deficient responses, is not Jackson regarding factual information process and input prices for barium
applicable. used in our analysis, dated concurrently chloride since the 1985–1986 POR, nor

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Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Notices 68097

did it provide anything to support the 14.50 percent.5 In the absence of any Antidumping Duty Order, 63 FR 17986
alleged increase in the volume of evidence on the record that the (April 13, 1998) (Steel Wire Rope), the
barium chloride imported into the magnitude of dumping has increased, petitioner notes that the Department
United States. In addition, Zhangjiaba Zhangjiaba argues that there is no basis determined that an adverse facts
maintains that the petitioner has not for recalculating the PRC-wide rate; available rate calculated during a
shown that the factors of production it however, if the PRC-wide rate is previous administrative review did not
provided for the recalculation have any changed, it should be changed to 14.50 offer an adequate sanction to induce the
relevance to the PRC producer’s factors percent, the rate identified in the most respondents to cooperate in the
of production, nor has it shown that the recent determination. proceeding, and therefore it revised the
prices of U.S. imports of barium In response to Zhangjiaba’s adverse facts available rate from 1.51
chloride from the PRC have decreased comments, the petitioner reasserts its percent to 13.79 percent.
or not kept pace with the costs of position that it is appropriate for the Moreover, the petitioner dismisses
production in the PRC. Moreover, Department to calculate an adverse facts Zhangjiaba’s claim that the Department
Zhangjiaba argues that the petitioner’s available margin using information has no basis for using facts otherwise
reliance on SSPC from Belgium is placed on the record of this review available or deriving an adverse
misplaced because, unlike the petitioner because the adverse facts available rate inference with respect to Zhangjiaba.
in SSPC from Belgium, the petitioner previously used in this proceeding is The petitioner points out that in Final
here has placed non-publicly available more than 15 years old and does not Determination of Sales at Less Than
and uncorroborated information on the take into account changes in sales and Fair Value: Foundry Coke Products from
record, and therefore, the Department input prices or changes in the the People’s Republic of China, 66 FR
may not rely upon this information to methodology used by the Department of 39487 (July 31, 2001), the Department
calculate an adverse facts available rate. NME cases. The petitioner notes that in determined that a producer of subject
Additionally, Zhangjiaba notes that the Sodium Thiosulphate from the People’s merchandise that made no shipments
courts have required some connection Republic of China: Preliminary Results during the POR was not entitled to a
between the data used to calculate a of Antidumping Duty Administrative separate rate. Therefore, the petitioner
dumping margin and the respondents’ Review, 57 FR 58792 (Dec. 11, 1992) argues that Zhangjiaba, which reported
actual dumping margins, and that the (Sodium Thiosulphate from the PRC, that it made no shipments of barium
data used must be neither aberrationally the Department recalculated the facts chloride to the United States during the
high nor based on uncorroborated available rate (at that time referred to as POR, is not entitled to a separate rate
information. Citing F. Lli De Cecco di the best information available (BIA) and should receive the PRC-wide rate.
Filipino Fara S. Martino S.p.A v. United rate) using information placed on the Additionally, the petitioner claims
States, 216 F.3d 1027, 1033 (Fed. Cir. record by the petitioner because the that Zhangjiaba’s assertions about an
previous BIA rate was ‘‘no longer increase in imports of barium chloride
2000) (De Cecco), Zhangjiaba notes that
sufficiently adverse to induce into the United States are without merit.
a federal circuit court has found that
respondents to submit timely accurate, The petitioner contends that its
‘‘Congress could not have intended for
and complete responses,’’ (the statement that U.S. imports of barium
(the Department’s) discretion to include
Department continued to follow this chloride from the PRC rose by more
the ability to select unreasonably high
approach in the final results of that than 150 percent between 1996 and
rates with no relationship to
review). The petitioner also contends 2000 is a statement of fact appropriately
respondent’s actual dumping margin.’’
that updating the adverse facts available filed within the deadline for submitting
See F. Lli De Cecco di Filipino Fara S.
rate is consistent with the language and factual information (interested parties
Martino S.p.A v. United States.
policy of the Act. The petitioner argues may submit factual information on the
Zhangjiaba also points out that in record within 140 days after the last day
that in the absence of subpoena power,
Petroleum Wax Candles the Department of the anniversary month for the review;
the Department’s only incentive to
rejected the petitioner’s proposed see 19 CFR 351.301(b)(2)). The
induce respondents to participate in
calculations. petitioner argues that, according to the
antidumping proceedings is the
Further, with respect to its own potential that a producer will receive an Department’s regulations, it is not
situation, Zhangjiaba contends that it adverse facts available dumping margin. required to provide any additional
should not receive an adverse facts The petitioner also notes that the support for its statement. Moreover, the
available rate because, given that it had adverse facts available margin serves the petitioner claims that any party that
no shipments during the POR, it did not important policy goal of ensuring that takes issue with this statement should
fail to supply anything requested of it by respondents who choose not to provide their own factual information as
the Department. Zhangjiaba goes on to participate in the process do not obtain rebuttal.
note that an adverse facts available rate more favorable rates than cooperating Furthermore, the petitioner dismisses
can only be applied to a respondent that parties. Zhangjiaba’s claim that its information
withholds information, fails to provide Additionally, the petitioner argues cannot be used to relocate the PRC-wide
requested information, significantly that an adverse facts available rate that margin because the information is not
impedes an investigation, or provides is not sufficient to compel cooperation public, is uncorroborated, and is
information that cannot be used.4 by respondents is subject to change. unrelated to the PRC barium chloride
Finally, Zhangjiaba notes that in the Citing Steel Wire Rope from the industry. The petitioner notes that while
final results of the sunset review (64 FR Republic of Korea: Final Results of it did supply proprietary consumption
5633 (February 4, 1999)), the most Antidumping Duty Administrative quantities for factors, the Act does not
recent determination in this proceeding, Review and Revocation on Part of require that all information submitted
the Department found that revocation of for the Department’s consideration in
the order on barium chloride from the 5 Consistent with the guidance provided in the calculating margins be public
PRC would likely lead to dumping at Sunset Policy Bulletin, the Department found that information (e.g., petition rates are
revocation of the order on barium chloride from the
PRC would likely lead to dumping at the rate from
invariably based on sensitive
4 Zhangjiaba citing section 776(a) of the Act. (19 the investigation. The investigation margin is 14.50 information). See section 776(b)(4) of
U.S.C. 1677e(a)). percent. this Act. Moreover, the petitioner claims

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68098 Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Notices

that the information it submitted to the cannot select a rate which focuses only the margin is not adverse, as
Department has probative value because on inducing the exporter to cooperate respondents would benefit from use of
it consists of U.S. government imports and ignores the interest in selecting a this margin.
statistics, which need not be margin which relates to the past The production costs calculated from
corroborated, factor values from sources practices of the industry.’’ The Court the data submitted by the petitioner are
consistently used by the Department, went on to note that ‘‘Commerce must based on surrogate values derived from
and consumption quantities which can assure itself that the margin it applies is transactions that are contemporaneous
be relied upon based on the petitioner’s relevant and not outdated, or lacking a with the instant POR, and, based on our
extensive experience as a producer of rational relationship to {the corroboration standard, we believe it is
barium chloride. Further, the petitioner respondent}.’’ See Ferro Union, 44 F. reasonable to preliminarily find that a
maintains that in claiming that the Supp.2d at 1335. rational relationship does exist between
petitioner’s data is not related to the In light of the above, we have the margin calculated using these data
Chinese barium chloride industry’s examined sales prices and import trends and the practices of the PRC-wide entity
factors of production, Zhangjiaba has concerning PRC barium chloride to during the instant POR. See the
failed to recognize that the Department determine whether the highest margin ‘‘Corroboration’’ section of this notice
must seek other sources of information calculated in any segment of this below.
in light of the consistent failure of With respect to the question of
proceeding is sufficiently adverse to
named respondents to submit whether the 60.84 percent margin
induce cooperation from the named
information requested by the calculated in the 1985–1986
respondents (i.e., we considered the
Department. administrative review is sufficiently
extent to which the named respondents
Finally, the petitioner argues that the adverse to induce cooperation from the
may benefit from their lack of named respondents, we note that since
margin from the sunset review is
cooperation). Over the 16 years completing the 1985–1986
irrelevant because it is the margin from
following the 1985–1986 POR, prices for administrative review, the Department
the investigation which reflects the
the majority of U.S. imports of barium has conducted one administrative
behavior of exporters without the
chloride from the PRC have remained review of the antidumping duty order
discipline of the order, rather than
virtually unchanged. The average unit on barium chloride from the PRC (the
current market conditions, and thus it
value (AUV) of barium chloride 1997–1998 administrative review).6 The
does not serve as an appropriate
imported from the PRC into the United firms named as respondents in the
measure of dumping during the instant
POR. States during the instant POR is 238.97 instant administrative review were also
Section 776(b) of the Act permits the U.S. dollars per metric tone while the named as respondents in the 1997–1998
Department to base adverse facts AUV of barium chloride imports during administrative review. None of these
available upon ‘‘any other information the 1985–1986 POR is 232.46 U.S. firms responded to the questionnaire
placed on the record.’’ The issue before dollars per metric tone. See Factual issued in the 1997–1998 administrative
the Department here, is whether the Information Memorandum. With respect review. In addition, the Department
facts in this case provide a sufficient to the normal value of PRC barium conducted a sunset review of the
basis for calculating the adverse facts chloride, pursuant to the Department’s antidumping duty order on barium
available rate using information placed NME methodology, we have examined chloride from the PRC in which it
on the record of this review, rather than the constructed value rather than actual received no response from any
using as adverse facts available the sales prices. Given that none of the respondent interested party. However,
highest margin from any segment of the named respondents provided any U.S. Customs records indicate that at
proceeding. In making this information on which to base least one named respondent exported
determination, it is instructive to constructed value, we calculated subject merchandise to the United
consider the guidance regarding adverse constructed value using the factors of States during he instant POR. See
inferences provided by the Statement of production data provided by the Factual Information Memorandum.
Administrative Act (SAA) and the petitioner. We valued the factors of Moreover, import statistics from the
courts. In employing adverse inferences, production using surrogate values from International Trade Commission
the SAA instructs the Department to India. For details regarding our selection confirm the petitioner’s assertion that
consider ‘‘the extent to which a party of India as the surrogate country, see the the volume of imports of barium
may benefit from its own lack of ‘‘Calculation of the Adverse Facts chloride from the PRC has increased
cooperation,’’ noting that adverse Available Rate’’ section of this notice approximately 158 percent between the
inferences are made ‘‘to ensure that the below. Comparing constructed value to years 1996 and 2000. In fact, the
party does not obtain a more favorable the AUV of imports of subjected quantity of barium chloride imported
result by failing to cooperate than if it merchandise during the instant POR into the United States from the PRC has
had cooperated fully. See H.R. Doc. yields a margin significantly greater increased by 170.5 percent between the
103–316, Vol. 1 at 80 (1994). However, than the 60.84 percent margin years 1996–2001. See Factual
with respect to selecting an adverse calculated in the 1985–1986 Information Memorandum. Despite the
facts available rate, the Court of administrative review (the highest fact that the volume of U.S. imports of
International Trade (CIT) noted that margin calculated in any segment of this barium chloride from the PRC is
Congress ‘‘intended for an adverse facts proceeding). The foregoing analysis increasing—and there are indications
available rate to be a reasonably suggests that the 60.84 percent margin that at least some of the named
accurate estimate of the respondents’s from the 1985–1986 administrative respondents are participating in the U.S.
actual rate, albeit with some built-in review may not bear a rational
increase intended as a deterrence to relationship to the practices of the PRC- 6 The Department rescinded its administrative

non-compliance.’’ See DeCecco, 216 wide entity during the instant POR reviews of the order on barium chloride from the
F.3d at 1032. Furthermore in Ferro because input values have increased PRC covering the period October 1, 1986 through
September 30, 1987 (the petitioner withdrew its
Union, Inc. v. United States, 44 F significantly and, therefore, the margin request for review) and October 1, 1990 through
Supp.2d 1310, 1335 (CIT 1999) (Ferro no longer reflects current market September 30, 1991 (the sole respondent made no
Union), the CIT noted that ‘‘Commerce behavior. More importantly, it indicates shipments of barium chloride to the United States).

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Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Notices 68099

market at the 60.84 percent accompanying Decision Memorandum practicable, the Department may use
antidumping duty rate—none of the at Comment 8. uncorroborated information. See Steel
respondents have participated in the Wire Rope From the Republic of Korea;
Calculation of the Adverse Facts
Department’s two most recent Final Results of Antidumping Duty
Available Rate
administrative reviews of barium Administrative Review and Partial
chloride from the PRC. This fact, when We have calculated an adverse facts Rescission of Antidumping Duty
considered in light of our concerns as to available rate for the PRC-wide entity Administrative Review, 64 FR 17995,
whether the 60.84 percent margin using the factor usage rates, average U.S. 17996, (April 3, 1999) (noting ‘‘where
reflects the current practices of the PRC- price, and certain surrogate values corroboration is not practicable, the
wide entity, leads us to conclude that placed on the record of this review by Department may use uncorroborated
the 60.84 margin is not sufficiently the petitioner. Where possible, we have information’’). Publicly available data
adverse to induce cooperation from the updated or revised the surrogate values from independent sources that relate to
named respondents. Because the margin placed on the record by the petitioner to the relevant time period are generally
calculated from the information placed include Indian import statistics covering considered to be both relevant and
on the record by the petitioner bears a the entire POR. Additionally, where the reliable because they are
rational relationship to the practices of petitioner has used price lists to value contemporaneous with the period under
the PRC-wide entity during the instant a factor, we have valued the factor using consideration and not generated for
POR and is higher than the 60.84 Indian import statistics covering the purposes of the trade action. Therefore,
percent rate, we find it reasonable to use entire POR. we consider the AUVs and factor values
the margin as adverse facts available. The Department has identified India placed on the record of this review to
Furthermore, with respect to the 14.50 as an appropriate surrogate for the PRC be corroborated. See Notice of
percent margin advocated by in each segment of this proceeding in Preliminary Determination of Sales at
Zhangjiaba, we agree with the petitioner which it calculated an antidumping Less Than Fair Value and Postponement
that this is not an appropriate measure duty margin. See, e.g., Final of Final Determination: Non-Malleable
of dumping in this review because, as Determination of Sales at Less Than Cast Iron Pipe Fittings From the
noted above, information placed on the Fair Value; Barium Chloride From the People’s Republic of China, 67 FR
record of this review indicates that People’s Republic of China, 49 FR 33916 60214, 60214 (September 25, 2002)
production costs, and hence constructed (August 27, 1984) (where the (wherein the Department found export
value, have change significantly and, Department stated that ‘‘India would be prices, based on U.S. government
therefore, the margin no longer reflects the most appropriate surrogate statistics, and Indian surrogate values,
current market behavior. Moreover, selection.’’). Moreover, in this review, based on publicly available information,
even without the information provided the Department’s Office of Policy has to be sufficiently corroborated).
by the petitioner, the 14.50 percent rate identified as a country at a level of Due to the lack of information from
would not reflect an adverse inference economic development comparable to the named respondents, it is not
in light of the 60.84 percent rate that is the PRC. See Memorandum from Jeffrey practicable to corroborate the factor
currently applicable to all imports of May to Holly Kuga dated February 28, usage rates placed on the record by the
subject merchandise. Based on the 2002. Finally, we note that the petitioner. It is worth noting that the
foregoing, including virtually constant petitioner placed evidence on the record implementing regulation for section 776
AUVs, likely increases in factor values, of this review demonstrating that India of the Act states, ‘‘(t)he fact that the
and significant increases in import is a producer of barium chloride. See corroboration may not be practicable in
volumes, we have preliminary decided the petitioner’s February 11, 2002 a given circumstance will not prevent
to calculate the PRC-wide rate using submission at Exhibit 1. Therefore, we the Secretary from applying an adverse
information placed on the record of this find the petitioner’s use of India as its inference as appropriate and using the
review by the petitioner. source of surrogate values to be secondary information in question.’’ See
As noted above, this approach was appropriate. For details regarding our 19 CFR 351.308(d) Therefore, given that
taken by the Department in previous calculation, see the memorandum from we have been able to corroborate
cases in which it considered the adverse Drew Jackson to The File, ‘‘Calculation average unit values and factor values
facts available rate to be inappropriate. of the Adverse Facts Available Rate in placed on the record by the petitioner,
See, e.g., Sodium Thiosulphate from the the 2000–2001 Administrative Review we consider the calculation using the
PRC. of Barium Chloride From the People’s petitioner’s facts to be sufficiently
Further, with respect to Zhangjiaba’s Republic of China’’ dated concurrently corroborated. See, e.g., Notice of the
claim that it should not receive an with this notice. Final Determination Sales at Less Than
adverse facts available rate because it Fair Value and Critical Circumstances:
Corroboration of Information
did not fail to supply anything Certain Cold-Rolled Carbon Steel Flat
requested of it by the Department, we Section 776(c) of the Act provides that Products from the Russian Federation,
note that Zhangjiaba shipped no subject the Department shall, in using facts 67 FR 621121–01 (October 3, 2002).
merchandise to the United States during otherwise available, to the extent
this POR, and thus, it is not possible to practicable, corroborate secondary Preliminary Results of Review
conduct an antidumping analysis of the information from independent sources As a result of our review, we
company. Therefore, we are preliminary reasonably at its disposal. The SAA preliminarily determine that the
rescinding this review with respect to provides that ‘‘corroborate’’ means that following weighted-average percentage
Zhangijaba. Because Zhangjiaba has the Department will satisfy itself that dumping margin exists for the period
never been assigned a separate rate, the secondary information to be used October 1, 2000 through September 30,
there is no basis to assign Zhangjiaba a has probative value. See SAA at 870. To 2001:
rate distinct from the PRC-wide rate. See corroborate secondary information, the
Final determination of Sales at Less Department will, to the extent Margin
Than Fair Value: Foundry Coke practicable, examine the reliability and (percent)
Products From the People’s Republic of relevance of the information to be used. PRC-wide rate .......................... 153.88
China, 66 FR 39487 (July 31, 2001) and However, where corroboration is not

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68100 Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Notices

The Department will disclose to entries. We intend to issue assessment ACTION: Notice of Antidumping Duty
parties to the proceeding any instructions to Customs within 15 days Orders: Sulfanilic Acid from Hungary
calculations performed in connection of publication of the final results of and Portugal.
with these preliminary results within 5 review. If these preliminary results are
days of the date of publication of this adopted in the final results of review, EFFECTIVE DATE: November 8, 2002.
notice. See § 351.224(b) of the we will direct Customs to assess the FOR FURTHER INFORMATION CONTACT:
Department’s regulations. Interested resulting assessment rate against the Audrey Twyman or John Brinkmann for
parties may submit case briefs within 21 entered customs values for the subject Hungary, telephone: (202) 482–3534 or
days of the date of publication of this merchandise on each of the importer’s (202) 482–4126, respectively; and S.
notice. Rebuttal briefs, whose content is entries during the review period. Anthony Grasso for Portugal, telephone:
limited to the issues raised in the case (202) 482–3853. Import Administration,
Cash Deposit Requirements
briefs, must be filed within five days International Trade Administration,
after the deadline for the submission of The following deposit requirements U.S. Department of Commerce, 14th
case briefs. See §§ 351.309 and 351.310 will be effective upon publication of the Street and Constitution Avenue, NW.,
of the Department’s regulations. A list of final results of this administrative Washington, DC 20230.
authorities used, a table of contents, and review for all shipments of barium
chloride from the PRC entered, or Applicable Statute and Regulations
an executive summary of issues should
accompany any briefs submitted to the withdrawn from warehouse, for Unless otherwise indicated, all
Department. Executive summaries consumption on or after the publication citations to the statute are references to
should be limited to five pages total, date, as provided for by section the provisions of the Tariff Act of 1930,
including footnotes. Further, we request 751(a)(1) of the Act: (1) The cash deposit as amended by the Uruguay Round
that parties submitting briefs and rate for all Chinese exporters will be the Agreements Act effective January 1,
rebuttal briefs provide the Department rate established in the final results of 1995 (‘‘the Act’’). In addition, unless
with a copy of the public version of this review; and (2) for non-PRC otherwise indicated, all citations to the
such briefs on diskette. exporters of subject merchandise from Department of Commerce’s (‘‘the
In accordance with section 774 of the the PRC, the cash deposit rate will be Department’’) regulations are to 19 CFR
Act, we will hold a public hearing, if the rate applicable to their PRC part 351 (April 2001).
requested, to afford interested parties an suppliers. These deposit requirements,
when imposed, shall remain in effect Scope of Orders
opportunity comment on arguments
raised in case of rebuttal briefs. If a until publication of the final results of Imports covered by these orders are
request for a hearing is made, we will the next administrative review. all grades of sulfanilic acid (‘‘sulfanilic
tentatively hold the hearing two days This notice serves as a preliminary acid’’ or ‘‘subject merchandise’’), which
after the deadline for submission of reminder to importers of their include technical (or crude) sulfanilic
rebuttal briefs at the U.S. Department of responsibility under § 351.402(f) of the acid, refined (or purified) sulfanilic
Commerce, 14th Street and Constitution Department’s regulations to file a acid, and sodium salt of sulfanilic acid.
Avenue, NW., Washington, DC 20230, at certificate regarding the reimbursement Sulfanilic acid is a synthetic organic
a time and in a room to be determined. of antidumping duties prior to chemical produced from the direct
Parties should confirm by telephone the liquidation of the relevant entries sulfonation of aniline and sulfuric acid.
date, time, and location of the hearing during this POR. Failure to comply with Sulfanilic acid is used as a raw material
48 hours before the scheduled date. this requirement could result in the in the production of optical brighteners,
Interested parties who wish to request a Secretary’s presumption that food colors, specialty dyes, and concrete
hearing, or to participate in a hearing if reimbursement of antidumping duties additives. The principal differences
one is requested, must submit a written occurred and the subsequent assessment between the grades are the undesirable
request to the Assistant Secretary for of double antidumping duties. quantities of residual aniline and alkali
Import Administration, U.S. Department This administrative review and notice insoluble materials present in the
of Commerce, Room 1870, within 10 are in accordance with section 751(a)(1) sulfanilic acid. All grades are available
days of the date of publication of this of the Act (19 U.S.C. 1675(a)(1)), 777(i) as dry, free flowing powders.
notice. Requests should contain: (1) The of the Act (19 U.S.C. 1677f(i)), and 19 Technical sulfanilic acid, currently
party’s name, address, and telephone CFR 351.221. classifiable under the subheading
number; (2) the number of participants; Dated: October 31, 2002. 2921.42.22 of the Harmonized Tariff
and (3) a list of the issues to be Faryar Shirzad,
Schedule (‘‘HTS’’), contains 96 percent
discussed. At the hearing, oral minimum sulfanilic acid, 1.0 percent
Assistant Secretary for Import
presentations will be limited to issues Administration.
maximum aniline, and 1.0 percent
raised in the briefs. See 19 CFR maximum alkali insoluble materials.
[FR Doc. 02–28525 Filed 11–7–02; 8:45 am]
351.310(c). Refined sulfanilic acid, also currently
The Department will publish a notice classifiable under 2921.42.22 of the
of final results of this administrative HTS, contains 98 percent minimum
review, which will include the results of DEPARTMENT OF COMMERCE sulfanilic acid, 0.5 percent maximum
its analysis of issues raised in any aniline, and 0.25 percent maximum
comments, not later than 120 days after International Trade Administration alkali insoluble materials.
the date of publication of these Sodium salt (sodium sulfanilate),
[A–437–804 and A–471–806] currently classifiable under the HTS
preliminary results.
subheading 2921.42.90, is a powder,
Duty Assessment Rates Notice of Antidumping Duty Orders:
granular, or crystalline material which
Sulfanilic Acid From Hungary and
Upon completion of the final results contains 75 percent minimum
in this administrative review, the equivalent sulfanilic acid, 0.5 percent
Department shall determine, and the AGENCY: Import Administration, maximum aniline based on the
Customs Service shall assess, International Trade Administration, equivalent sulfanilic acid content, and
antidumping duties on all appropriate Department of Commerce. 0.25 percent maximum alkali insoluble

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