Sebacic Acid from the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review and Reinstatement of the Antidumping Duty Order, 16218-16219 [E5-1401]
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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Notices
with section 351.213(d)(1) of the
Department’s regulations.
The Department will issue
appropriate assessment instructions
directly to U.S. Customs and Border
Protection (‘‘CBP’’) within 15 days of
the publication of this notice. The
Department will direct CBP to assess
antidumping duties for this company at
the cash deposit rate in effect on the
date of entry for entries during the
period August 1, 2003, through July 31,
2004.
Notification to Parties
This notice serves as a reminder to
importers of their responsibility under
section 351.402(f) of the Department’s
regulations to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this period of
time. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and subsequent assessment of
double antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with section 351.305(a)(3) of the
Department’s regulations. Timely
written 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 sanctionable violation.
This notice is issued and published in
accordance with section 351.213(d)(4) of
the Department’s regulations and
sections 751(a)(2)(C) and 777(i)(1) of the
Tariff Act of 1930, as amended.
Dated: March 16, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–1400 Filed 3–29–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–825
Sebacic Acid from the People’s
Republic of China: Final Results of
Antidumping Duty Changed
Circumstances Review and
Reinstatement of the Antidumping
Duty Order
AGENCY: Import
Administration, International Trade
AGENCY:
VerDate jul<14>2003
15:07 Mar 29, 2005
Jkt 205001
Administration, Department of
Commerce.
SUMMARY: On November 26, 2004, the
Department of Commerce (the
Department) published the preliminary
results of the changed circumstances
review and intent to reinstate the
Tianjin Chemicals Import and Export
Corporation (Tianjin) in the
antidumping duty order on exports of
sebacic acid from the People’s Republic
of China (PRC). See Sebacic Acid From
the People’s Republic of China:
Preliminary Results of Changed
Circumstances Review and Intent to
Reinstate the Antidumping Duty Order,
69 FR 68879 (November 26, 2004)
(Preliminary Results). This review
covers subject merchandise exported by
Tianjin. The products covered by this
order are all grades of sebacic acid
which include, but are not limited to,
CP Grade, Purified Grade, and Nylon
Grade (see ‘‘Scope of the Review’’
section below). The period of review
(POR) is July 1, 2002, through June 30,
2003. Based on our analysis of the
comments received, we have made
changes in the margin calculation.
Therefore, the final results differ from
the preliminary results. We determine
that Tianjin sold subject merchandise at
less than normal value (NV) during the
referenced period, and hereby reinstate
Tianjin in the order. The final
weighted–average dumping margin is
listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: March 30, 2005.
FOR FURTHER INFORMATION CONTACT:
Jennifer Moats or Brian Ledgerwood,
AD/CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–5047 or (202) 482–
3836, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 26, 2004, the
Department published in the Federal
Register the preliminary results of
changed circumstances review and
intent to reinstate Tianjin in the
antidumping duty order on exports of
sebacic acid from the PRC. See
Preliminary Results. This review covers
subject merchandise exported by
Tianjin. The POR is July 1, 2002,
through June 30, 2003.
We invited interested parties to
comment on the preliminary results of
review. We received comments from
Tianjin on January 3, 2005. On March
11, 2005, we put excerpts from the
International Trade Commission’s Staff
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Report on the record and invited parties
to comment. The hearing was held on
March 15, 2005. The Department has
conducted this changed circumstances
review in accordance with section
751(b) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order
The products covered by this order
are all grades of sebacic acid, a
dicarboxylic acid with the formula
(CH2)8(COOH)2, which include but are
not limited to CP Grade (500 ppm
maximum ash, 25 maximum APHA
color), Purified Grade (1000 ppm
maximum ash, 50 maximum APHA
color), and Nylon Grade (500 ppm
maximum ash, 70 maximum ICV color).
The principle difference between the
grades is the quantity of ash and color.
Sebacic acid contains a minimum of 85
percent dibasic acids of which the
predominant species is the C10 dibasic
acid. Sebacic acid is sold generally as a
free–flowing powder/flake.
Sebacic acid has numerous industrial
uses, including the production of nylon
6/10 (a polymer used for paintbrush and
toothbrush bristles and paper machine
felts), plasticizers, esters, automotive
coolants, polyamides, polyester castings
and films, inks and adhesives,
lubricants, and polyurethane castings
and coatings.
Sebacic acid is currently classifiable
under subheading 2917.13.00.30 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading is provided for
convenience and customs purposes, our
written description of the scope of this
proceeding is dispositive.
Separate Rates
We initiated this changed
circumstance review for the sole
purpose of determining whether Tianjin
has resumed dumping of sebacic acid
from the PRC. We did not require
Tianjin to answer questions related to
separate rates because no administrative
review has been initiated that would
require Tianjin to substantiate a de facto
and de jure absence of government
control of its export activities. We have
not received any other information since
the Preliminary Results which would
indicate that Tianjin is not eligible for
a separate rate. Therefore, we determine
that Tianjin should be assigned an
individual dumping margin in this
changed circumstances review.
Analysis of Comments Received
All issues raised in the case brief
submitted by Tianjin to this changed
circumstances review are addressed in
the ‘‘Issues and Decision Memorandum’’
E:\FR\FM\30MRN1.SGM
30MRN1
Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Notices
(Decision Memo) from Barbara E.
Tillman, Acting Deputy Assistant
Secretary for Import Administration, to
Joseph A. Spetrini, Acting Assistant
Secretary for Import Administration,
dated March 23, 2005, which is adopted
by this notice. A list of the issues which
parties have raised are in the Decision
Memo and it is attached to this notice
as an appendix. 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 the
Central Records Unit, 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 https://
www.ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision
Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made certain changes
in the margin calculations. These
changes are discussed in the relevant
sections of the Decision Memo and the
Memorandum to the File from Jennifer
Moats, dated March 23, 2005 (Analysis
Memo). Specifically, for these final
results, we have revalued sebacic acid
and revalued capryl alcohol with a more
recently submitted value for octanol.
Final Results of Review
We determine that the following
weighted–average margin percentage
exists for the period July 1, 2002,
through June 30, 2003:
Notification to Interested Parties
The Department will disclose
calculations performed in connection
with the final results of review within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b) of its regulations.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3) of the
Department’s regulations. Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this
determination and notice in accordance
with section 751(b)(1) of the Act and 19
CFR 351.216.
Dated: March 23, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Appendix - - Issues in Decision Memo
Comments
1. Authority to Reinstate the
Antidumping Duty Order
2. Lack of Domestic Interested Party
3. Appearance of Cognis Corporation
4. Valuation of Sebacic Acid
5. Valuation of Activated Carbon
6. Valuation of Capryl Alcohol
7. Selection of Surrogate Financial
Ratios
[FR Doc. E5–1401 Filed 3–29–05; 8:45 am]
BILLING CODE 3510–DS–S
Manufacturer/Exporter
Margin
Tianjin Chemicals Import and
Export Corporation ............
26.33 percent
DEPARTMENT OF COMMERCE
International Trade Administration
Since we have established that
sebacic acid exported by Tianjin is
being sold at less than NV, Tianjin is
hereby reinstated in the antidumping
duty order effective on the publication
date of this notice. We will advise U.S.
Customs and Border Protection (CBP) to
collect a cash deposit of 26.33 percent
on all entries of the subject merchandise
exported by Tianjin that are entered, or
withdrawn from warehouse, for
consumption on or after, the publication
date of these final results. This
requirement shall remain in effect until
publication of the final results of the
next administrative review as to Tianjin.
There are no changes to the rates
applicable to any other companies
under this antidumping duty order.
VerDate jul<14>2003
15:07 Mar 29, 2005
Jkt 205001
[A–122–838]
Notice of Preliminary Results of
Antidumping Duty Changed
Circumstances Review: Certain
Softwood Lumber Products From
Canada
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 2, 2004, the
Department of Commerce published a
notice of initiation of changed
circumstances review of the
antidumping duty order on certain
softwood lumber products from Canada.
The review was initiated to determine
the appropriate cash deposit rate for
Produits Forestiers Saguenay Inc., a
AGENCY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
16219
previously inactive holding company
which began producing softwood
lumber and exporting it to the United
States as of June 1, 2004, and is
currently owned by Abitibi
Consolidated Company of Canada. We
have preliminarily concluded that
Produits Forestiers Saguenay Inc.
should be assigned the same cash
deposit rate as the Abitibi Group.
DATES: Effective Dates: March 30, 2005.
FOR FURTHER INFORMATION CONTACT:
Constance Handley or Saliha Loucif,
AD/CVD Enforcement, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0631 or (202) 482–
1779, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2004, in accordance with
section 751(b)(1) of the Act and 19 CFR
351.216(b) (2004), the Abitibi Group and
Produits Forestiers Saguenay (PFS),
both Canadian producers of softwood
lumber products and interested parties
in this proceeding, filed a request for a
changed circumstances review. The
Abitibi Group is composed of AbitibiConsolidated Inc. (ACI), Abitibi
Consolidated Company of Canada
(ACCC), Produits Forestiers Petit Paris
Inc. (PFPP), and Societe en Commandite
Scierie Opitciwan (Opitciwan).
In response to this request, the
Department of Commerce (the
Department) initiated a changed
circumstances review of the
antidumping duty order on certain
softwood lumber from Canada. See
Initiation of Antidumping Duty Changed
Circumstances Review: Certain
Softwood Products from Canada, 69 FR
53681 (September 2, 2004) (Initiation
Notice). On October 18, 2004, the
Department issued to the Abitibi Group
a questionnaire requesting further
details on PFS’ affiliation with the
Abitibi Group. The Abitibi Group’s
response was received by the
Department on November 18, 2004. The
petitioner, the Coalition of Fair Lumber
Imports Executive Commission, did not
file comments with respect to the
request.
Scope of the Order
For purposes of the order, the
products covered are certain softwood
lumber products from Canada. For a
complete description of the scope of the
order, see Initiation Notice.
Preliminary Results of the Review
In submissions to the Department
dated July 29, 2004, and November 18,
E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16218-16219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1401]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-825
Sebacic Acid from the People's Republic of China: Final Results
of Antidumping Duty Changed Circumstances Review and Reinstatement of
the Antidumping Duty Order
AGENCY: AGENCY: Import Administration, International Trade
Administration, Department of Commerce.
SUMMARY: On November 26, 2004, the Department of Commerce (the
Department) published the preliminary results of the changed
circumstances review and intent to reinstate the Tianjin Chemicals
Import and Export Corporation (Tianjin) in the antidumping duty order
on exports of sebacic acid from the People's Republic of China (PRC).
See Sebacic Acid From the People's Republic of China: Preliminary
Results of Changed Circumstances Review and Intent to Reinstate the
Antidumping Duty Order, 69 FR 68879 (November 26, 2004) (Preliminary
Results). This review covers subject merchandise exported by Tianjin.
The products covered by this order are all grades of sebacic acid which
include, but are not limited to, CP Grade, Purified Grade, and Nylon
Grade (see ``Scope of the Review'' section below). The period of review
(POR) is July 1, 2002, through June 30, 2003. Based on our analysis of
the comments received, we have made changes in the margin calculation.
Therefore, the final results differ from the preliminary results. We
determine that Tianjin sold subject merchandise at less than normal
value (NV) during the referenced period, and hereby reinstate Tianjin
in the order. The final weighted-average dumping margin is listed below
in the section entitled ``Final Results of Review.''
EFFECTIVE DATE: March 30, 2005.
FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Brian Ledgerwood,
AD/CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5047 or (202) 482-3836, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 26, 2004, the Department published in the Federal
Register the preliminary results of changed circumstances review and
intent to reinstate Tianjin in the antidumping duty order on exports of
sebacic acid from the PRC. See Preliminary Results. This review covers
subject merchandise exported by Tianjin. The POR is July 1, 2002,
through June 30, 2003.
We invited interested parties to comment on the preliminary results
of review. We received comments from Tianjin on January 3, 2005. On
March 11, 2005, we put excerpts from the International Trade
Commission's Staff Report on the record and invited parties to comment.
The hearing was held on March 15, 2005. The Department has conducted
this changed circumstances review in accordance with section 751(b) of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by this order are all grades of sebacic acid,
a dicarboxylic acid with the formula (CH2)[bdi8](COOH)[bdi2], which
include but are not limited to CP Grade (500 ppm maximum ash, 25
maximum APHA color), Purified Grade (1000 ppm maximum ash, 50 maximum
APHA color), and Nylon Grade (500 ppm maximum ash, 70 maximum ICV
color). The principle difference between the grades is the quantity of
ash and color. Sebacic acid contains a minimum of 85 percent dibasic
acids of which the predominant species is the C[bdi1][bdi0] dibasic
acid. Sebacic acid is sold generally as a free-flowing powder/flake.
Sebacic acid has numerous industrial uses, including the production
of nylon 6/10 (a polymer used for paintbrush and toothbrush bristles
and paper machine felts), plasticizers, esters, automotive coolants,
polyamides, polyester castings and films, inks and adhesives,
lubricants, and polyurethane castings and coatings.
Sebacic acid is currently classifiable under subheading
2917.13.00.30 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading is provided for convenience and
customs purposes, our written description of the scope of this
proceeding is dispositive.
Separate Rates
We initiated this changed circumstance review for the sole purpose
of determining whether Tianjin has resumed dumping of sebacic acid from
the PRC. We did not require Tianjin to answer questions related to
separate rates because no administrative review has been initiated that
would require Tianjin to substantiate a de facto and de jure absence of
government control of its export activities. We have not received any
other information since the Preliminary Results which would indicate
that Tianjin is not eligible for a separate rate. Therefore, we
determine that Tianjin should be assigned an individual dumping margin
in this changed circumstances review.
Analysis of Comments Received
All issues raised in the case brief submitted by Tianjin to this
changed circumstances review are addressed in the ``Issues and Decision
Memorandum''
[[Page 16219]]
(Decision Memo) from Barbara E. Tillman, Acting Deputy Assistant
Secretary for Import Administration, to Joseph A. Spetrini, Acting
Assistant Secretary for Import Administration, dated March 23, 2005,
which is adopted by this notice. A list of the issues which parties
have raised are in the Decision Memo and it is attached to this notice
as an appendix. 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 the Central Records Unit, 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 https://
www.ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made certain
changes in the margin calculations. These changes are discussed in the
relevant sections of the Decision Memo and the Memorandum to the File
from Jennifer Moats, dated March 23, 2005 (Analysis Memo).
Specifically, for these final results, we have revalued sebacic acid
and revalued capryl alcohol with a more recently submitted value for
octanol.
Final Results of Review
We determine that the following weighted-average margin percentage
exists for the period July 1, 2002, through June 30, 2003:
------------------------------------------------------------------------
Manufacturer/Exporter Margin
------------------------------------------------------------------------
Tianjin Chemicals Import and Export Corporation......... 26.33 percent
------------------------------------------------------------------------
Since we have established that sebacic acid exported by Tianjin is
being sold at less than NV, Tianjin is hereby reinstated in the
antidumping duty order effective on the publication date of this
notice. We will advise U.S. Customs and Border Protection (CBP) to
collect a cash deposit of 26.33 percent on all entries of the subject
merchandise exported by Tianjin that are entered, or withdrawn from
warehouse, for consumption on or after, the publication date of these
final results. This requirement shall remain in effect until
publication of the final results of the next administrative review as
to Tianjin. There are no changes to the rates applicable to any other
companies under this antidumping duty order.
Notification to Interested Parties
The Department will disclose calculations performed in connection
with the final results of review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b) of its
regulations.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3) of the Department's
regulations. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this determination and notice in
accordance with section 751(b)(1) of the Act and 19 CFR 351.216.
Dated: March 23, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix - - Issues in Decision Memo
Comments
1. Authority to Reinstate the Antidumping Duty Order
2. Lack of Domestic Interested Party
3. Appearance of Cognis Corporation
4. Valuation of Sebacic Acid
5. Valuation of Activated Carbon
6. Valuation of Capryl Alcohol
7. Selection of Surrogate Financial Ratios
[FR Doc. E5-1401 Filed 3-29-05; 8:45 am]
BILLING CODE 3510-DS-S
