[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19540]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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DEPARTMENT OF COMMERCE
[A-307-809]

 

Notice of Final Determination of Sales at Less Than Fair Value: 
Phthalic Anhydride From Venezuela

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 10, 1994.

FOR FURTHER INFORMATION CONTACT: Kimberly Hardin, Office of Antidumping 
Investigations, Import Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone (202) 482-0371.

Final Determination

    The Department of Commerce (the Department) determines that 
phthalic anhydride (PA) from Venezuela is being, or is likely to be, 
sold in the United States at less than fair value, as provided in 
section 735 of the Tariff Act of 1930, as amended (the Act). The 
estimated margins are shown in the ``Suspension of Liquidation'' 
section of this notice.

Case History

    Since the publication of our affirmative preliminary determination 
on May 27, 1994 (58 FR 27532), the following events have occurred.
    On May 27, 1994, we issued a deficiency letter to Oxidaciones 
Organicas, C.A. (Oxidor), respondent in this investigation, regarding 
its response to Section D of the antidumping questionnaire. (Section D 
requests information on cost of production and constructed value.)
    On June 6, 1994, Oxidor informed the Department that it would no 
longer be participating in the investigation due to the cost and time 
required to fully respond to the supplemental cost questionnaire and 
participate in the verification.

Scope of Investigation

    The product covered by this investigation is PA, an aromatic 
synthetic organic chemical usually produced from a primary 
petrochemical called orthoxylene, although it is sometimes produced 
from naphthalene. PA is predominately used in the production of 
plasticizers, unsaturated polyester resins, and alkyd resins, which in 
turn are generally used to produce plastics and paints. This 
investigation covers PA sold in either flaked or molten form.
    PA is classifiable under subheading 2917.35.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS). The HTSUS subheading is 
provided for convenience and customs purposes. Our written description 
of the scope of this investigation is dispositive.

Period of Investigation

    The period of investigation is May 1, 1993, to October 31, 1993.

Best Information Available

    As noted in the ``Case History'' section of this notice, Oxidor 
informed the Department that it would not reply to the Department's 
Section D deficiency letter and that it would not participate in 
verification. Section 776(c) of the Act provides that whenever a party 
refuses or is unable to produce information requested in a timely 
manner and in the form required, or otherwise significantly impedes an 
investigation, the Department shall use the best information otherwise 
available (BIA). We have done so in this investigation.
    In assigning BIA, the Department applies a two-tiered methodology 
based on the degree of a respondent's cooperation. Under this 
methodology, the Department imposes the most adverse rate upon those 
respondents who refuse to cooperate or otherwise significantly impede 
the proceeding. See Final Determination: Antifriction Bearings (other 
than Tapered Roller Bearings) and Parts thereof from the Federal 
Republic of Germany, 54 FR 18992, 19033 (1989). The Department's two-
tiered methodology for assigning BIA has been upheld by the U.S. Court 
of Appeals for the Federal Circuit. (See Allied-Signal v. U.S., 996 
F.2d 1185 (Fed. Cir. 1993) (CAFC) (June 22, 1993); see also Krupp Stahl 
AG et al. v. U.S., 822 F. Supp. 789 (CIT 1993).)
    Because Oxidor refused to reply to the Department's deficiency 
questionnaire and refused verification, we find it has been 
uncooperative in this investigation. As BIA for Oxidor, we are 
assigning the highest margin alleged in the petition because that 
margin is higher than the only calculated rate in this investigation. 
The highest margin in the petition is 52.00 percent. (See Initiation of 
Antidumping Duty Investigations: Phthalic Anhydride from Brazil, 
Hungary, Israel, Mexico and Venezuela (58 FR 60847, November 18, 1993), 
for a description of the United States price and foreign market value 
used to calculate the above-mentioned margin.)

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(4) of the Act, we are directing 
the Customs Service to continue to suspend liquidation of all entries 
of PA from Venezuela, as defined in the ``Scope of Investigation'' 
section of this notice, that are entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of this notice in 
the Federal Register. The Customs Service shall require a cash deposit 
or posting of a bond equal to the margins below on all entries of PA 
from Venezuela. The suspension of liquidation will remain in effect 
until further notice. The estimated dumping margins are as follows:

------------------------------------------------------------------------
                                                                 Margin 
                Manufacturer/producer/exporter                   percent
------------------------------------------------------------------------
Oxidaciones Organicas, C.A....................................     52.00
All Others....................................................     52.00
------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will determine whether these 
imports are materially injuring, or threaten material injury to, the 
U.S. industry within 45 days.
    If the ITC determines that material injury or threat of material 
injury does not exist, the proceeding will be terminated and all 
securities posted as a result of the suspension of liquidation will be 
refunded or cancelled. However, if the ITC determines that such injury 
does exist, we will issue an antidumping duty order directing Customs 
officers to assess antidumping duties on PA from Venezuela entered or 
withdrawn from warehouse, for consumption on or after the date of 
suspension of liquidation.

Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility covering 
the return or destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d). Failure to comply is a 
violation of the APO.
    This determination is published pursuant to section 735(d) of the 
Act (19 U.S.C. 1673d(d)), and 19 CFR 353.20(a)(4).

    Dated: August 3, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-19540 Filed 8-9-94; 8:45 am]
BILLING CODE 3510-DS-P