MESSAGE NO: 3225111 DATE: 08 13 1993
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 804 - -
- - - -
- - - -

PERIOD COVERED: 07 29 1993 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: ADVERSE DECISION AND AMENDMENT TO FINAL DETERMINATION OF
SALES AT LESS THAN FAIR VALUE AND ADD DUTY ORDER IN
ACCORDANCE WITH DECISION UPON REMAND - SPARKLES FROM PRC


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JULY 29, 1993, THE NOTICE OF ADVERSE DECISION AND AMENDMENT TO
FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE AND
ANTIDUMPING DUTY ORDER IN ACCORDANCE WITH DECISION UPON REMAND
FOR SPARKLERS FROM THE PEOPLE"S REPUBLIC OF CHINA.

2. THE PRODUCTS COVERED BY THIS INVESTIGATION ARE SPARKLERS FROM
THE PRC. SPARKLERS 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
CLASSIFIABLE UNDER THE HARMONIZED TARIFF SCHEDULE (HTS)
SUBHEADING 3604.10.0000. THE HTS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES. THE WRITTEN DESCRIPTION
REMAINS DISPOSITIVE AS TO THE SCOPE OF THIS PROCEEDING.

3. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
THE INVESTIGATION NUMBER OF A-570-804.

4. THE UNITED STATES CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRIES OF SPARKLERS FROM THE PRC, AS DEFINED
IN PARAGRAPH (2) ABOVE, EXPORTED BY GUANGXI NATIVE PRODUCE IMPORT
AND EXPORT CORPORATION, BEIHAI FIREWORKS AND FIRECRACKERS BRANCH
AND BY HUNAN PROVINCIAL FIRECRACKERS & FIREWORKS IMPORT & EXPORT
(HOLDING) CORPORATION THAT ARE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER DECEMBER 17, 1990, THE
DATE OF PUBLICATION OF THE PRELIMINARY DETERMINATION IN THE
FEDERAL REGISTER.

FOR JIANGXI NATIVE PRODUCE IMPORT AND EXPORT CORPORATION,
GUANGZHOU FIREWORKS COMPANY, AND ALL OTHER EXPORTERS OF SPARKLERS
FROM THE PRC, WE ARE DIRECTING THE UNITED STATES CUSTOMS SERVICE
TO SUSPEND LIQUIDATION OF ALL ENTRIES, ENTERED OR WITHDRAWN FROM
WAREHOUSE ON OR AFTER SEPTEMBER 18, 1990, WHICH IS 90 DAYS BEFORE
THE DATE OF PUBLICATION OF THE PRELIMINARY DETERMINATION OF
DECEMBER 17, 1990. THE CUSTOMS SERVICE SHALL REQUIRE A CASH
DEPOSIT EQUAL TO THE ESTIMATED AMOUNTS BY WHICH THE FOREIGN
MARKET VALUE OF SUBJECT MERCHANDISE FROM THE PRC EXCEEDS THE U.S.
PRICE, AS SHOWN BELOW. WE WILL FURTHER INSTRUCT THE CUSTOMS
SERVICE AS TO THE LIQUIDATION OF ENTRIES IN ACCORDANCE WITH THE
RESULTS OF THIS REMAND.

MANUFACTURER/PRODUCER CUSTOMS ID MARGIN EFFECTIVE
EXPORTER NUMBER PERCENTAGE DATE

GUANGXI NATIVE PRODUCE
IMPORT & EXPORT CORP,
BEIHAI FIREWORKS AND
FIRECRACKERS BRANCH A-570-804-001 41.75 7/29/93

HUNAN PROVINCIAL
FIRECRACKER & FIREWORKS
IMPORT & EXPORT
(HOLDING) CORPORATION A-570-804-002 93.54 5/6/91

JIANGXI NATIVE PRODUCE IMPORT
& EXPORT CORP, GUANGZHOU
FIREWORKS COMPANY A-570-804-003 93.54 9/18/90 THRU
12/17/90
& 7/29/93

ALL OTHERS A-570-804-000 93.54 9/18/90 THRU
12/17/90
& 7/29/93

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE THE IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH, VIA E-MAIL TO ATTRIBUTE "HQ OAB". OTHER INTERESTED
PARTIES SHOULD CONTACT MICHAEL READY, OFFICE OF ANTIDUMPING
INVESTIGATION, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE AT (202)
482-2613.

@NANCY MCTIERNAN