[Federal Register Volume 65, Number 122 (Friday, June 23, 2000)]
[Notices]
[Pages 39124-39125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15962]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-805]


Aramid Fiber Formed of PolyPara-Phenylene Terephthalamide from 
the Netherlands; Preliminary Results of Full Sunset Review

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

ACTION: Notice of preliminary results of full sunset review: aramid 
fiber formed of polypara-phenylene terephthalamide from the 
netherlands.

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SUMMARY: On December 1, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on aramid fiber formed of polypara-phenylene terephthalamide (``Aramid 
Fiber'') from the Netherlands (64 FR 67247) 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 filed on behalf of domestic interested 
parties and adequate substantive comments filed on behalf of domestic 
and respondent interested parties, the Department determined to conduct 
a full review. As a result of this review, the Department preliminarily 
finds that revocation of the antidumping duty order would likely lead 
to continuation or recurrence of dumping at the levels indicated in the 
Preliminary Results of Review section of this notice.

Effective Date:  June 23, 2000.

For Further Information Contact: Martha V. Douthit or James P. Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-5050 or (202) 
482-3330, respectively.

SUPPLEMENTARY INFORMATION:

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 of 
Commerce's (``the Department's'') regulations are to 19 CFR Part 351 
(1999). Guidance on methodological or analytical issues relevant to the 
Department's conduct of sunset reviews is set forth in the Department 
Policy Bulletin 98:3--Policies Regarding the Conduct of Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders; 
Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

Background

    On December 1, 1999, the Department initiated a sunset review of 
the antidumping order on aramid fiber formed of polypara-phenylene 
terephthalamide (``Aramid Fiber'') from the Netherlands (65 FR 67247), 
pursuant to section 751(c) of the Act. On December 16, 1999, the 
Department received a notice of intent to participate on behalf of E.I. 
DuPont de Nemours & Company (``DuPont''), within the deadline specified 
in section 351.218(d)(1)(i) of the Sunset Regulations. DuPont claimed 
interested-party status under section 771(9)(C) of the Act, as a U.S. 
producer of aramid fiber. In its notice of intent to participate, Du 
Pont stated that it is related to two foreign producers of aramid 
fiber: DuPont (UK) Ltd., Maydown Works, United Kingdom, and DuPont 
Toray Company, Ltd., Japan.\6\
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    \6\ See DuPont's December 16, 2000, Notice of Intent to 
Participate, at 2. DuPont asserts that DuPont (UK) is 100 percent 
owned by DuPont, DuPont Toray Company, Ltd., is 50 percent owned by 
DuPont Kabushkik Kaisha (``DKK'') and 50 percent owned by Toray, and 
DKK is 100 percent owned by DuPont Asia Pacific, Ltd., which is 
owned 100 percent by DuPont.
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    On January 3, 2000, within the 30-day deadline specified in the 
Sunset Regulations under section 351.218(d)(3)(i), the Department 
received complete substantive response from the domestic interested-
party, DuPont, and respondent interested parties (Twaron Products 
V.o.F. and Twaron Products Inc. (collectively ``Twaron'')). Twaron 
Products V.o.F claimed interested-party status under section 771(9)(A) 
of the Act, as foreign manufacturer/producer/exporter of the subject 
merchandise to the United States. Twaron Products Inc., claimed 
interested-party status as a U.S. importer of the subject merchandise. 
In its January 3, 2000, substantive response, Twaron asserts that it 
has participated in all prior phases of this antidumping duty order. 
The effective date of this order is June 27, 1994.
    The regulations provide, at section 351.218(e)(1)(ii)(A), that the 
Secretary normally will conclude that respondent interested-parties 
have provided adequate response to a notice of initiation where it 
receives complete substantive responses from respondent interested 
parties accounting on average for more than 50 percent, by volume, or 
value basis if appropriate, of the total exports of the subject 
merchandise to the United States over the five calendar years preceding 
the year of publication of the notice of initiation. See also 
Procedures for Conducting Five-year (``Sunset'') Reviews of Antidumping 
Duty and Countervailing Duty Orders, 63 Fed. Reg. 13516 (March 20, 
1998). On January 21, 2000, the Department determined that Twaron 
response constituted an adequate response to the notice of initiation. 
As a result, the Department determined, in accordance with section 
351.218(e)(2)(i) of the Sunset Regulations, to conduct a full (240 day) 
sunset review.
    On January 10, 2000, the Department received rebuttal comments on 
behalf of the domestic and respondent interested parties, within the 
deadline as specified under section 351.218(d)(4).\7\
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    \7\ On January 3, 2000, the Department received a request for an 
extension to file rebuttal comments on behalf of Twaron. The 
Department granted the extension to file rebuttal comment to all 
interested-parties in this case until no later than January 10, 
2000.
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    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a sunset review as extraordinarily complicated if 
it is a review of a transition order (i.e., an order in effect on 
January 1, 1995). On March 20, 2000 the Department determined that the 
sunset review of the antidumping duty order on aramid fiber from the 
Netherlands is extraordinarily complicated pursuant to section 
751(c)(5)(C)(v) of the Act, and extended the time limit for completion 
of the preliminary results of this review until not later than June 19, 
2000, in accordance with section 751(c)(5)(B) of the Act.\8\
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    \8\ See Extension of Time Limit for Final Results of Expedited 
Five-Year Reviews, 65 FR 16166 (March 27, 2000).
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Scope of the Order

    The products covered by this review are all forms of aramid fiber 
formed of polypara-phenylene terephthalamide from the Netherlands. 
These consist of polypara-phenylene terephthalamide aramid in the form 
of filament yarn (including single and corded), staple fiber, pulp (wet 
or dry), spun-laced and spun-bonded nonwovens, chopped fiber, and floc. 
Tire cord is excluded

[[Page 39125]]

from the class or kind of merchandise under review. This merchandise is 
currently classifiable under the Harmonized Tariff Schedule of the 
United States (``HTSUS'') item numbers 5402.10.3020, 5402.10.3040, 
5402.10.6000, 5503.10.1000, 5503.10.9000, 5601.30.0000, and 
5603.00.9000. The HTSUS item numbers are provided for convenience and 
Customs purposes. The written description of the scope remains 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office 
of Policy, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated June 19, 2000, which is 
hereby adopted by this notice. The issues discussed in the attached 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margin likely to prevail were the 
order revoked. 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 Commerce Building.
    In addition, a complete version of the Decision Memo 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 Memo are 
identical in content.

Preliminary Results of Review

    The Department preliminary determines that revocation of the 
antidumping duty order on a on aramid fiber formed of polypara-
phenylene terephthalamide from the Netherlands would be likely to lead 
to continuation or recurrence of dumping. The Department, therefore, 
will report to the Commission the company-specific and ``all other'' 
rates from the original investigation listed below.

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/Exporter                      (percent)
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Azko.......................................................         2.90
All others.................................................        66.92
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    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). Any 
hearing, if requested, will be held on August 16, 2000, in accordance 
with 19 CFR 351.310(d). Interested parties may submit case briefs, no 
later than August 7, 2000, in accordance with 19 CFR 351.309(c)(1)(i). 
Rebuttal briefs, which must be limited to issues raised in the case 
briefs, may be filed not later than August 14, 2000. The Department 
will issue a notice of final results of this sunset review, which will 
include the results of its analysis of issues raised in any such 
comments, no later than October 26, 2000.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751 (c), 752, and 777(i)(1) of the Act.

    Dated: June 19, 2000.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-15962 Filed 6-22-00; 8:45 am]
BILLING CODE 3510-DS-P