[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47766-47767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22793]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-825]


Continuation of Antidumping Duty Order: Sebacic Acid From the 
People's Republic of China

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

ACTION: Notice of continuation of antidumping duty order: Sebacic acid 
from the People's Republic of China.

-----------------------------------------------------------------------

SUMMARY: On April 7, 1999, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of 
1930, as amended (``the Act''), determined that revocation of the 
antidumping duty order on sebacic acid from the People's Republic of 
China would likely to lead to continuation or recurrence of dumping (64 
FR 16910 (April 7, 1999)). On May 19, 1999, the International Trade 
Commission (``the Commission''), pursuant to section 751(c) of the Act, 
determined that revocation of the antidumping duty order on sebacic 
acid from the People's Republic of China would likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time (64 FR 27297 (May 
19, 1999)). Therefore, pursuant to 19 CFR 351.218(f)(4), the Department 
is publishing notice of the continuation of the antidumping duty order 
on sebacic acid from the People's Republic of China.

FOR FURTHER INFORMATION CONTACT: Scott E. Smith or Melissa G. Skinner, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th and Constitution 
Ave., NW, Washington, DC 20230; telephone: (202) 482-6397 or (202) 482-
1560, respectively.

EFFECTIVE DATE: May 26, 1999.

Background

    On December 2, 1998, the Department initiated, and the Commission 
instituted, a sunset review (63 FR 66527 and 63 FR 66567, respectively) 
of the antidumping duty order on sebacic acid from the People's 
Republic of China pursuant to section 751(c) of the Act. As a result of 
this review, the Department found that revocation of the antidumping 
duty order would likely lead to continuation or recurrence of dumping 
and notified the Commission of the magnitude of the margin likely to 
prevail were the order to be revoked (see Final Results of Expedited 
Sunset Review: Sebacic Acid from the People's Republic of China, 64 FR 
16910 (April 7, 1999)).
    On May 19, 1999, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty order on 
sebacic acid from the People's Republic of China would 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 the People's Republic of China, 64 FR 27297 (May 19, 1999) and 
USITC Pub. 3189, Inv. No. 731-TA-653 (Review) (May 1999)).

Scope

    The merchandise covered by this antidumping duty order is all 
grades of sebacic acid, a dicarboxylic acid with the formula 
(CH2)8(COOH)2, which include but are not limited to CP Grade (500ppm 
maximum ash, 25 maximum APHA color), Purified Grade (1000ppm maximum 
ash, 50 maximum APHA color), and Nylon Grade (500ppm maximum ash, 70 
maximum ICV color), from the People's Republic of China. The principal 
difference between the grades is the quantity of ash and color. Sebacic 
acid contains a minimum of 85

[[Page 47767]]

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 2917.13.00.00 of the Harmonized 
Tariff Schedule (HTS). The HTS subheading/ item number is provided for 
convenience and customs purposes. The written product description of 
the scope of this proceeding remains dispositive.

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of this antidumping duty order would likely 
to lead to continuation or recurrence of dumping and material injury to 
an industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on sebacic acid from the People's Republic of China. The 
Department will instruct the U.S. Customs Service to continue to 
collect antidumping duty deposits at the rate in effect at the time of 
entry for all imports of subject merchandise. Pursuant to section 
751(c)(6)(A)(iii) of the Act, any subsequent five-year review of this 
order will be initiated not later than the fifth anniversary of the 
effective date of continuation of this order.
    Normally, the effective date of continuation of a finding, order, 
or suspension agreement will be the date of publication in the Federal 
Register of the Notice of Continuation. As provided in 19 CFR 
351.218(f)(4), the Department normally will issue its determination to 
continue a finding, order, or suspended investigation not later than 
seven days after the date of publication in the Federal Register of the 
Commission's determination concluding the sunset review and immediately 
thereafter will publish its notice of continuation in the Federal 
Register. In the instant case, however, the Department's publication of 
the Notice of Continuation was delayed. The Department has explicitly 
indicated that the effective date of continuation of this order is May 
26, 1999, seven days after the date of publication in the Federal 
Register of the Commission's determination. As a result, pursuant to 
sections 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends 
to initiate the next five-year review of this order not later than 
April 2004.

    Dated: August 26, 1999.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-22793 Filed 8-31-99; 8:45 am]
BILLING CODE 3510-DS-P