[Federal Register Volume 65, Number 49 (Monday, March 13, 2000)]
[Notices]
[Pages 13366-13368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6085]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-815]


Sulfanilic Acid From the People's Republic of China; Final 
Results of Antidumping Duty Administrative Review

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

ACTION: Notice of final results of the 1997-1998 antidumping duty 
administrative review of sulfanilic acid from the People's Republic of 
China.

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

SUMMARY: On September 8, 1999, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review of the antidumping duty order on sulfanilic acid from the 
People's Republic of China (PRC). The merchandise covered by this order 
is all grades of sulfanilic acid, which include technical (or crude) 
sulfanilic acid, refined (or purified) sulfanilic acid and sodium salt 
of sulfanilic acid. The review covers the period August 1, 1997 through 
July 31, 1998, and all PRC exporters of the subject merchandise.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. 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 13, 2000.

FOR FURTHER INFORMATION CONTACT: Sean Carey or Dana Mermelstein, AD/CVD 
Enforcement, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3964 or (202) 482-3208, respectively.

[[Page 13367]]


SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    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 Round 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 8, 1999, the Department published the preliminary 
results of its administrative review of the antidumping duty order on 
sulfanilic acid from the PRC (64 FR 48788). The review covers all 
exporters of sulfanilic acid. The period of review (POR) is August 1, 
1997 through July 31, 1998. We invited parties to comment on our 
preliminary results of review. No timely requests were made for a 
public hearing. The Department has conducted this review in accordance 
with section 751 of the Act.

Scope of Review

    The product covered by this review 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 
2921.42.24 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 2921.42.24 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 2921.42.79, 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.
    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 the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Joseph A. Spetrini, Deputy Assistant 
Secretary, Import Administration, to Robert S. LaRussa, Assistant 
Secretary for Import Administration, dated March 6, 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 Memo, 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 Import Administration's Central Records 
Unit (CRU), Room B-099 of the Main Commerce Building. For a discussion 
of our determination with respect to this matter, see the (topic 
heading) section of the Decision Memo, accessible in the CRU and on the 
Web at www.ita.doc.gov/import__admin/record/frn under the (topic 
heading) section. The paper copy and electronic version of the Decision 
Memo are identical in content.

Use of Facts Available (If Necessary)

    For a discussion of our application of the facts available, see the 
``Facts Available'' section of the Decision Memo, which is on file in 
the CRU and also available at the Web address shown above.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We also have corrected certain 
programming and clerical errors in our preliminary results, where 
applicable. Any alleged programming and clerical errors with which we 
do not agree are discussed in the relevant sections of the Decision 
Memo, accessible in the CRU and also available at the Web address shown 
above.

Final Results of Review

    We determine that the following percentage weighted-average margins 
exist for the period August 1, 1997 through July 31, 1998:

------------------------------------------------------------------------
  Manufacturer/producer/exporter       Time period     Margin  (percent)
------------------------------------------------------------------------
Yude (Yude/Xinyu) Chemical             8/1/97-7/31/98              18.75
 Industry, Co. and Zhenxing
 (Zhenxing/Mancheng) Chemical
 Industry, Co \1\.................
PRC Rate \2\......................     8/1/97-7/31/98             85.20
------------------------------------------------------------------------
\1\ Exporters Yude (Yude/Xinyu) and Zhenxing (Zhenxing/Mancheng) have
  been collapsed for the purposes of this administrative review. See
  Sulfanilic Acid from the People's Republic of China: Preliminary
  Results of Antidumping Administrative Review, 64 FR 48788 (September
  8, 1999); Decision Memo, Affiliation/Collapsing section.
\2\ This rate will be applied to all firms other than Yude (Yude/Xinyu)
  and Zhenxing (Zhenxing/Mancheng), including all firms which did not
  respond to our questionnaire.

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates. With respect to both export price and constructed 
export price sales, we divided the total dumping margins for the 
reviewed sales by the total entered value of those reviewed sales for 
each importer. We will direct Customs to assess the resulting 
percentage margins against the entered Customs values for the subject 
merchandise on each of that importer's entries under the relevant order 
during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of sulfanilic acid from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section

[[Page 13368]]

751(a)(2)(c) of the Act: (1) The cash deposit rate for Yude/Xinyu and 
Zhenxing/Mancheng will be the rate shown above except that, for firms 
whose weighted-average margins are less than 0.5 percent and therefore 
de minimis, the Department shall require no deposit of estimated 
antidumping duties; (2) the cash deposit rate for all other PRC 
exporters (i.e., the PRC rate) will be 85.20 percent; and (3) the cash 
deposit rate for non-PRC exporters of subject merchandise from the PRC 
will be the rate applicable to the PRC supplier of that exporter. These 
deposit requirements shall remain in effect until publication of the 
final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, 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 in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: March 6, 2000.
Robert S. LaRussa.
Assistant Secretary for Import Administration.

Appendix

Issues in the Decision Memo

1. Facts Available
2. Non-Market Economies
    Factor Valuation
3. Affiliation
    Control
    Collapsing
4. EP/CEP
    Movement Expenses
5. Circumstances-of-Sale Adjustments
    Indirect Selling Expenses
6. Packing and Movement Expenses
    Inventory Carrying Costs
7. Miscellaneous Issues
8. Programming and Clerical Errors

[FR Doc. 00-6085 Filed 3-10-00; 8:45 am]
BILLING CODE 3510-DS-P