Sulfanilic Acid from India and the People's Republic of China; Notice of Final Results of Expedited Sunset Reviews of Antidumping Duty Orders, 53164-53165 [E5-4866]

Download as PDF 53164 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices the rate of 44.20 percent from the original investigation) is in accord with the requirement of section 776(c) of the Act that secondary information be corroborated (i.e., that it be shown to have probative value). PRELIMINARY RESULTS OF REVIEW We preliminarily determine that the following dumping margins exist: Margin (percent) Manufacturer/Exporter JFE Steel Corporation ................ Nippon Steel Corporation ........... 44.20 44.20 PUBLIC COMMENT Pursuant to section 351.309 of the Department’s regulations, interested parties may submit written comments in response to these preliminary results. Unless the deadline is extended by the Department, case briefs are to be submitted within 30 days after the date of publication of this notice, and rebuttal briefs, limited to arguments raised in case briefs, are to be submitted no later than five days after the time limit for filing case briefs. Parties who submit arguments in this proceeding are requested to submit with the argument: (1) a statement of the issues, and (2) a brief summary of the argument. Case and rebuttal briefs must be served on interested parties in accordance with section 351.303(f) of the Department’s regulations. Also, pursuant to section 351.310(c) of the Department’s regulations, within 30 days of the date of publication of this notice, interested parties may request a public hearing on arguments to be raised in the case and rebuttal briefs. Unless the Department specifies otherwise, the hearing, if requested, will be held two days after the date for submission of rebuttal briefs. Parties will be notified of the time and location. The Department will publish the final results of this administrative review, including the results of its analysis of issues raised in any case or rebuttal brief, no later than 120 days after publication of these preliminary results, unless extended. See section 351.213(h) of the Department’s regulations. DUTY ASSESSMENT Pursuant to section 351.212(b) of the Department’s regulations, the Department calculates an assessment rate for each importer or customer of the subject merchandise. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of this review. Upon issuance of the final results of this administrative VerDate Aug<18>2005 15:05 Sep 06, 2005 Jkt 205001 review, if any importer- or customer– specific assessment rates calculated in the final results are above de minimis (i.e., at or above 0.5 percent), the Department will instruct CBP to assess antidumping duties on appropriate entries by applying the assessment rate to the entered value of the merchandise. For assessment purposes, if the Department’s final results include the rescission of this review with respect to SMI and NKK, the Department will instruct CBP to liquidate all entries from SMI and NKK at the rate applicable at the time of entry. CASH DEPOSIT REQUIREMENTS The following cash deposit rates will be effective with respect to all shipments of OCTG from Japan entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided for by section 751(a)(1) of the Act: (1) for JFE and Nippon, the cash deposit rate will be the rate established in the final results of this review; (2) for previously reviewed or investigated companies not listed above, including NKK and SMI (if this review is rescinded), the cash deposit rate will be the company– specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered by this review, a prior review, or the LTFV investigation, the cash deposit rate shall be the all others rate established in the LTFV investigation, which is 44.20 percent. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Oil Country Tubular Goods from Japan, 60 FR 155 (August 11, 1995). These deposit rates, when imposed, shall remain in effect until publication of the final results of the next administrative review. NOTIFICATION TO IMPORTERS This notice serves as a preliminary 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 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 assessment of double antidumping duties. This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 30, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–4864 Filed 9–6–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–533–806, A–570–815) Sulfanilic Acid from India and the People’s Republic of China; Notice of Final Results of Expedited Sunset Reviews of Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 2, 2005, the Department of Commerce (‘‘the Department’’) initiated sunset reviews of the antidumping duty orders on sulfanilic acid from India and the People’s Republic of China (‘‘China’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of a Notice of Intent to Participate, adequate substantive responses filed on behalf of domestic interested parties, and lack of response from respondent interested parties, the Department conducted expedited (120– day) sunset reviews. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Reviews section of this notice. EFFECTIVE DATE: September 7, 2005. FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Maureen Flannery, Office 8, AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4340. SUPPLEMENTARY INFORMATION: AGENCY: Background: On May 2, 2005, the Department published the notice of initiation of the sunset reviews of the antidumping duty orders on sulfanilic acid from India and E:\FR\FM\07SEN1.SGM 07SEN1 53165 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices China.1 On May 12, 2005, the Department received a Notice of Intent to Participate from Nation Ford Chemical Company (‘‘NFC’’), the domestic interested party, within the deadline specified in section 315.218(d)(1)(i) of the Department’s regulations. NFC claimed interested party status under section 771(9)(C) of the Act, as a producer of the domestic– like product in the United States. On May 31, 2005, the Department received a complete substantive response from NFC within the deadline specified in section 351.218(d)(3)(i) of the Department’s regulations. We did not receive responses from any respondent interested parties to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department’s regulations, the Department determined to conduct expedited reviews of these orders. Scope of the Orders: Imports covered by this antidumping duty order are all grades of sulfanilic acid, which include technical (or crude) sulfanilic acid, refined (or purified) sulfanilic acid and sodium salt of sulfanilic acid. Sulfanilic acid is a synthetic organic chemical produced from the direct sulfonation of aniline with sulfuric acid. Sulfanilic acid is used as a raw material in the production of optical brighteners, food colors, specialty dyes, and concrete additives. The principal differences between the grades are the undesirable quantities of residual aniline and alkali insoluble materials present in the sulfanilic acid. All grades are available as dry, free flowing powders. Technical sulfanilic acid, classifiable under the subheading 2921.42.22 of the Harmonized Tariff Schedule (HTS), contains 96 percent minimum sulfanilic acid, 1.0 percent maximum aniline, and 1.0 percent maximum alkali insoluble materials. Refined sulfanilic acid, also classifiable under the subheading 2921.42.22 of the HTS, contains 98 percent minimum sulfanilic acid, 0.5 percent maximum aniline and 0.25 percent maximum alkali insoluble materials. Sodium salt (sodium sulfanilate), classifiable under the HTS subheading 2921.42.90, is a powder, granular or crystalline material which contains 75 percent minimum equivalent sulfanilic acid, 0.5 percent maximum aniline based on the equivalent sulfanilic acid content, and 0.25 percent maximum alkali insoluble materials based on the equivalent sulfanilic acid content. The Department conducted a scope ruling regarding 3V Corporation and determined that sodium sulfanilate processed in Italy from sulfanilic acid from India was within the scope of this order. See Notice of Scope Rulings and Anticircumvention Inquiries, 65 FR 41957 (July 7, 2000). Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. Analysis of Comments Received: All issues raised in these reviews are addressed in the ‘‘Issues and Decision Memorandum’’ (‘‘Decision Memorandum’’) from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated August 30, 2005, which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum which is on file in room B–099 of the main Commerce Building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at https:// ia.ita.doc.gov/frn/, under the heading ‘‘September 2005.’’ The paper copy and electronic version of the Decision Memorandum are identical in content. We determine that revocation of the antidumping duty orders on sulfanilic acid from India and China would likely lead to continuation or recurrence of dumping at the following weighted– average percentage margins: Weighted Average Margin (percent) India. All Indian Manufacturers and Exporters ............ China. China National Chemicals I&E Corporation, Hebei Branch ............ 114.802 19.14 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 70 FR 22632 (May 2, 2005) (‘‘Initiation Notice’’). VerDate Aug<18>2005 15:05 Sep 06, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Weighted Average Margin (percent) China–wide rate ............ 85.20 2 The Department published its final affirmative determination of sales at less than fair value (‘‘LTFV’’) with respect to imports of sulfanilic acid from India on January 8, 1993 (58 FR 3251). In this determination, the Department published a weighted-average dumping margin for all manufacturers/producers/exporters of 114.8 percent. This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305 of the Department’s regulations. Timely 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 violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: August 30, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–4866 Filed 9–6–05; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–856 Synthetic Indigo from the People’s Republic of China; Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 2, 2005, the Department of Commerce (‘‘the Department’’) initiated the sunset review of the antidumping duty order on synthetic indigo from the People’s Republic of China (‘‘China’’) pursuant to section 751(c) of the Tariff Act of 1930, AGENCY: Final Results of Reviews: Manufacturers/Exporters/Producers Manufacturers/Exporters/Producers However, consistent with section 772(d)(1)(D) of the Act, which prohibits assessing antidumping duties on the portion of the margin attributable to an export subsidy, we established an estimated antidumping duty deposit rate of 71.09 percent for duty deposit purposes. The Department issued its antidumping duty order on sulfanilic acid from India on March 2, 1993. See Notice of Antidumping Duty Order; Sulfanilic Acid from India, 58 FR 12025 (March 2, 1993). The Department has not conducted an administrative review of this order since its imposition. E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53164-53165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4866]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-533-806, A-570-815)


Sulfanilic Acid from India and the People's Republic of China; 
Notice of Final Results of Expedited Sunset Reviews of Antidumping Duty 
Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 2, 2005, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
on sulfanilic acid from India and the People's Republic of China 
(``China'') pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). On the basis of a Notice of Intent to 
Participate, adequate substantive responses filed on behalf of domestic 
interested parties, and lack of response from respondent interested 
parties, the Department conducted expedited (120-day) sunset reviews. 
As a result of these sunset reviews, the Department finds that 
revocation of the antidumping duty orders would be likely to lead to 
continuation or recurrence of dumping. The dumping margins are 
identified in the Final Results of Reviews section of this notice.

EFFECTIVE DATE: September 7, 2005.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Maureen 
Flannery, Office 8, AD/CVD Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street & Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-4340.

SUPPLEMENTARY INFORMATION:

Background:

    On May 2, 2005, the Department published the notice of initiation 
of the sunset reviews of the antidumping duty orders on sulfanilic acid 
from India and

[[Page 53165]]

China.\1\ On May 12, 2005, the Department received a Notice of Intent 
to Participate from Nation Ford Chemical Company (``NFC''), the 
domestic interested party, within the deadline specified in section 
315.218(d)(1)(i) of the Department's regulations. NFC claimed 
interested party status under section 771(9)(C) of the Act, as a 
producer of the domestic-like product in the United States. On May 31, 
2005, the Department received a complete substantive response from NFC 
within the deadline specified in section 351.218(d)(3)(i) of the 
Department's regulations. We did not receive responses from any 
respondent interested parties to this proceeding. As a result, pursuant 
to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) 
of the Department's regulations, the Department determined to conduct 
expedited reviews of these orders.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 
22632 (May 2, 2005) (``Initiation Notice'').
---------------------------------------------------------------------------

Scope of the Orders:

    Imports covered by this antidumping duty order are all grades of 
sulfanilic acid, which include technical (or crude) sulfanilic acid, 
refined (or purified) sulfanilic acid and sodium salt of sulfanilic 
acid.
    Sulfanilic acid is a synthetic organic chemical produced from the 
direct sulfonation of aniline with sulfuric acid. Sulfanilic acid is 
used as a raw material in the production of optical brighteners, food 
colors, specialty dyes, and concrete additives. The principal 
differences between the grades are the undesirable quantities of 
residual aniline and alkali insoluble materials present in the 
sulfanilic acid. All grades are available as dry, free flowing powders.
    Technical sulfanilic acid, classifiable under the subheading 
2921.42.22 of the Harmonized Tariff Schedule (HTS), contains 96 percent 
minimum sulfanilic acid, 1.0 percent maximum aniline, and 1.0 percent 
maximum alkali insoluble materials. Refined sulfanilic acid, also 
classifiable under the subheading 2921.42.22 of the HTS, contains 98 
percent minimum sulfanilic acid, 0.5 percent maximum aniline and 0.25 
percent maximum alkali insoluble materials.
    Sodium salt (sodium sulfanilate), classifiable under the HTS 
subheading 2921.42.90, is a powder, granular or crystalline material 
which contains 75 percent minimum equivalent sulfanilic acid, 0.5 
percent maximum aniline based on the equivalent sulfanilic acid 
content, and 0.25 percent maximum alkali insoluble materials based on 
the equivalent sulfanilic acid content.
    The Department conducted a scope ruling regarding 3V Corporation 
and determined that sodium sulfanilate processed in Italy from 
sulfanilic acid from India was within the scope of this order. See 
Notice of Scope Rulings and Anticircumvention Inquiries, 65 FR 41957 
(July 7, 2000).
    Although the HTS subheadings are provided for convenience and 
customs purposes, our written description of the scope of this 
proceeding is dispositive.

Analysis of Comments Received:

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum'' (``Decision Memorandum'') from Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration, 
to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, dated August 30, 2005, which is hereby adopted by this 
notice. The issues discussed in the Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the orders were revoked. Parties 
can find a complete discussion of all issues raised in these reviews 
and the corresponding recommendations in this public memorandum which 
is on file in room B-099 of the main Commerce Building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at https://ia.ita.doc.gov/frn/, 
under the heading ``September 2005.'' The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Final Results of Reviews:

    We determine that revocation of the antidumping duty orders on 
sulfanilic acid from India and China would likely lead to continuation 
or recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                       Weighted Average
          Manufacturers/Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
India...............................................
All Indian Manufacturers and Exporters..............           114.80\2\
China...............................................
China National Chemicals I&E Corporation, Hebei                    19.14
 Branch.............................................
China-wide rate.....................................               85.20
------------------------------------------------------------------------
\2\ The Department published its final affirmative determination of
  sales at less than fair value (``LTFV'') with respect to imports of
  sulfanilic acid from India on January 8, 1993 (58 FR 3251). In this
  determination, the Department published a weighted-average dumping
  margin for all manufacturers/producers/exporters of 114.8 percent.

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely 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 violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.\\
---------------------------------------------------------------------------

    \\ However, consistent with section 772(d)(1)(D) of the Act, 
which prohibits assessing antidumping duties on the portion of the 
margin attributable to an export subsidy, we established an 
estimated antidumping duty deposit rate of 71.09 percent for duty 
deposit purposes. The Department issued its antidumping duty order 
on sulfanilic acid from India on March 2, 1993. See Notice of 
Antidumping Duty Order; Sulfanilic Acid from India, 58 FR 12025 
(March 2, 1993). The Department has not conducted an administrative 
review of this order since its imposition.

    Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4866 Filed 9-6-05; 8:45 am]
Billing Code: 3510-DS-S