Revocation of Antidumping Duty Order on Sebacic Acid from The People's Republic of China, 32291 [E5-2811]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Notices]
[Page 32291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2811]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-825)


Revocation of Antidumping Duty Order on Sebacic Acid from The 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
Summary: On April 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on sebacic acid from the People's Republic of China (``PRC''). See 
Initiation of Five-year (``Sunset'') Reviews, 70 FR 16800 (April 1, 
2004)(``2004 Initiation''). Pursuant to section 751(c) of the Tariff 
Act from 1930, as amended (``the Act''), the United States 
International Trade Commission (``ITC'') determined that revocation of 
the antidumping duty order on sebacic acid from the PRC is not likely 
to lead to continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time. See Sebacic 
Acid, Investigation No. 731-TA-653, 70 FR 28572 (May 18, 2005). 
Therefore, pursuant to 19 CFR 351.222(i)(1), the Department is revoking 
the antidumping duty order on sebacic acid from the PRC.

EFFECTIVE DATE: May 26, 2004

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by this order are all grades of sebacic acid, 
a dicarboxylic acid with the formula (CH[bdi2])[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.

Background

    On September 1, 1999, pursuant to 19 CFR 351.218(f)(4), the 
Department published its notice of continuation of the antidumping duty 
order on sebacic acid from the PRC, following the first sunset review. 
See Continuation of Antidumping Duty Order; Sebacic Acid from the 
People's Republic of China, 64 FR 47766, (September 1, 1999).\1\ On 
April 1, 2004, the Department initiated the second sunset review of 
this order pursuant to section 751(c) of the Act, and 19 CFR part 351, 
in general. See 2004 Initiation. As a result of the second sunset 
review, the Department found that revocation of the antidumping order 
would likely lead to continuation or recurrence of dumping and notified 
the ITC of the magnitude of the margin likely to prevail were the order 
to be revoked. See Sebacic Acid from the People's Republic of China; 
Final Results of Expedited Sunset Review, 69 FR 47891 (August 6, 2004).
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    \1\ The Department normally issues its continuation of an order 
within seven days of the publication of the International Trade 
Commission's sunset determination in the Federal Register and 
publishes its continuation notice immediately thereafter. In this 
case, the publication of the continuation notice was delayed. As a 
result, the Department explicitly stated that the effective date of 
the continuation of the order on sebacic acid from the PRC was May 
26, 1999.
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    On May 18, 2005, the ITC determined, pursuant to section 751(c) of 
the Act, that revocation of the antidumping duty order on sebacic acid 
from the PRC would not be likely to lead to continuation or recurrence 
of material injury to an industry in the United States within a 
reasonably foreseeable time. See Sebacic Acid from China, 70 FR 28572 
(May 18, 2005), and USITC Pub. 3775, Inv. No. 731-TA-653 (Second 
Review)(May 2005).

Determination

    As a result of the determination by the ITC that revocation of the 
antidumping duty order on sebacic acid from the PRC is not likely to 
lead to continuation or recurrence of material injury to an industry in 
the United States, the Department, pursuant to section 751(d)(2) of the 
Act, is revoking the antidumping duty order. Pursuant to section 
751(c)(6)(A)(iii) of the Act, this revocation is effective May 26, 
2004.

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 to terminate the suspension of liquidation of the 
merchandise subject to this order entered, or withdrawn from warehouse, 
on or after May 26, 2004 (i.e., the fifth anniversary of the effective 
date of the continuation of the order). 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 for review.
    This five-year (``sunset'') review and this notice are in 
accordance with sections 751(c) and 777(i)(1) of the Act.

    Dated: May 25, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2811 Filed 6-1-05; 8:45 am]
BILLING CODE 3510-DS-S