[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Notices]
[Pages 11980-11981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5512]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-047]


Elemental Sulphur From Canada; Final Results of Antidumping Duty 
Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review of elemental sulphur from Canada.

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SUMMARY: On September 7, 1999, the Department of Commerce (``the 
Department'') published the preliminary results and partial rescission 
of its administrative review of the antidumping duty order on elemental 
sulphur from Canada (64 FR 48587). This review covers Husky Oil, Ltd. 
(``Husky''), a manufacturer and exporter, and Petrosul International, 
Ltd. (``Petrosul''), a reseller, of the subject merchandise to the 
United States. The period of review is December 1, 1997, through 
November 30, 1998.
    Based on our analysis of the comments received, we have modified 
our determination for the final results with respect to Petrosul. The 
final weighted-average dumping margins for the reviewed firms are 
listed below in the section entitled ``Final Results of the Review.''

EFFECTIVE DATE: March 7, 2000.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Rick Johnson, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th and Constitution Avenue, N.W., Washington, 
D.C. 20230; telephone: (202) 482-0182 or (202) 482-3818, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Rounds Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department's 
regulations are to 19 CFR Part 351 (1998).

Background

    On September 7, 1999, the Department published in the Federal 
Register (64 FR 48587) the preliminary results and partial rescission 
of its administrative review of the antidumping duty order on elemental 
sulphur from Canada (``Preliminary Results''). This review covers Husky 
Oil, Ltd. (``Husky''), a manufacturer and exporter, and Petrosul 
International, Ltd. (``Petrosul''), a reseller, of the subject 
merchandise to the United States. The period of review (``POR'') is 
December 1, 1997, through November 30, 1998. We invited parties to 
comment on our preliminary results of review.
    Under section 751(a)(3)(A) of the Act, the Department may extend 
the deadline for completion of an administrative review if it 
determines that it is not practicable to complete the review within the 
statutory time limit. On December 22, 1999, the Department extended the 
time limit for the final results in this review to January 21, 2000. 
See Elemental Sulphur From Canada: Extension of Time Limit for Final 
Results of the Antidumping Duty

[[Page 11981]]

Administrative Review, 65 FR 280, (January 4, 2000). Also, on January 
21, 2000, the Department extended the time limit for the final results 
in this review to February 29, 2000. See Elemental Sulphur From Canada: 
Extension of Time Limit for Final Results of the Antidumping Duty 
Administrative Review, 65 FR 4804, (February 1, 2000).
    On January 24, 2000, we issued a supplemental questionnaire to 
Petrosul for the purpose of gathering additional information regarding 
the sales for which Petrosul had knowledge that the merchandise was 
ultimately destined for the United States. On February 4, 2000, we 
received a letter from Petrosul indicating that it would not respond to 
this supplemental questionnaire.
    We have now completed the administrative review in accordance with 
section 751 of the Act.

Scope of the Review

    The product covered by this review is elemental sulphur from 
Canada. This merchandise is classifiable under Harmonized Tariff 
Schedule (``HTS'') subheadings 2503.10.00, 2503.90.00, and 2802.00.00. 
Although the HTS subheadings are provided for convenience and for U.S. 
Customs purposes, the written description of the scope of this finding 
remains dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration, to Robert S. LaRussa, 
Assistant Secretary for Import Administration, dated February 29, 2000, 
which is hereby adopted and incorporated by reference into this notice. 
A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memorandum, 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 Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at www.ita.doc.gov/import--admin/records/
frn. The paper copy and electronic version of the Decision Memorandum 
are identical in content.

Use of Facts Available

    For a discussion of our application of facts available, see the 
``Facts Available'' section of the Decision Memorandum, which is on 
file in the Central Records Unit, room B-099 of the main Department 
building and available on the Web at www.ita.doc.gov/import--admin/
records/frn.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have assigned an 
adverse facts available margin to Petrosul for its failure to cooperate 
to the best of its ability based on its decision to not respond to our 
request for information.

Final Results of Review

    We determine that the following percentage margins exist for the 
period December 1, 1997, through November 30, 1998:

------------------------------------------------------------------------
                                                                 Margin
                Manufacturer/exporter/reseller                 (percent)
------------------------------------------------------------------------
Husky Oil, Ltd...............................................      40.38
Petrosul International, Ltd..................................      40.38
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. The Department will 
issue appraisement instructions directly to the Customs Service.

Cash Deposit

    Because the antidumping duty order on elemental sulphur from Canada 
has been revoked, effective January 1, 2000, no cash deposits are 
required for entries of elemental sulphur from Canada for entries on or 
after January 1, 2000. See Revocation of Antidumping Finding: Elemental 
Sulphur From Canada, 64 FR 40553 (July 27, 1999).

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 771(i) of the Act.

    Dated: February 29, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix 1-- Issues in Decision Memorandum

Comments and Responses

1. Adverse Facts Available
2. Facts Available Corroboration
3. Facts Available Determination

[FR Doc. 00-5512 Filed 2-6-00; 8:45 am]
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