[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Notices]
[Pages 49537-49539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20561]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-825]


Sebacic 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 antidumping duty administrative 
review.

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SUMMARY: On April 10, 2000, the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on sebacic acid from the People's Republic of China. The products 
covered by this order are all grades of sebacic acid which include but 
are not limited to CP Grade, Purified Grade, and Nylon Grade. The 
review covers two manufacturers/exporters. The period of review is July 
1, 1998, through June 30, 1999.
    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: August 14, 2000.

FOR FURTHER INFORMATION CONTACT: Christopher Priddy or Shawn Thompson, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, Washington, D.C. 20230; telephone: (202) 482-
1130 or (202) 482-1776, 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 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).

Background

    On April 10, 2000, the Department published the preliminary results 
of administrative review of the antidumping duty order on sebacic acid 
from the People's Republic of China (PRC). See Sebacic Acid from the 
People's Republic of China: Preliminary Results of Antidumping 
Administrative Review, 65 FR 18968 (April 10, 2000). The review covers 
two exporters and their respective manufacturers. The period of review 
(POR) is July 1, 1998, through June 30, 1999.
    We invited parties to comment on the preliminary results of review. 
At the request of certain interested parties, we held a public hearing 
on June 2, 2000. The Department has conducted this administrative 
review in accordance with section 751 of the Act.

Scope of Review

    The product covered by this review is sebacic acid. The products 
covered by this review are 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). The principal difference between 
the grades is the quantity of ash and color. Sebacic acid contains a 
minimum of 85 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 
2917.13.00.30 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheading is provided for convenience and 
customs purposes, our written description of the scope of this 
proceeding remains dispositive.

Separate Rates

    Tianjin Chemicals Import and Export Corporation (Tianjin) and 
Guangdong Chemicals Import and Export Corporation (Guangdong) have 
requested separate, company-specific antidumping duty rates. In the 
Preliminary Results, we found that Tianjin and Guangdong had met the 
criteria for the application of separate antidumping duty rates. See 
Sebacic Acid from the People's Republic of China: Preliminary Results 
of Antidumping Administrative Review, 65 FR 18968, 18968-69 (April 10, 
2000)

[[Page 49538]]

(Preliminary Results). We have not received any other information since 
the preliminary results which would warrant reconsideration of our 
separate rates determination with respect to these companies. We 
therefore determine that Tianjin and Guangdong should be assigned 
individual dumping margins in this administrative review.
    With respect to Sinochem International Chemicals Company, Ltd. 
(SICC) and Sinochem Jiangsu Import and Export Corporation (Jiangsu), 
which did not respond to the Department's questionnaire, we determine 
that these companies do not merit separate rates. The Department 
assigns a single rate to companies in a non-market economy, unless an 
exporter demonstrates an absence of government control. We determine 
that SICC and Jiangsu are subject to the country-wide rate for this 
case because these companies failed to demonstrate an absence of 
government control.

Use of Facts Available

    As explained in the preliminary results, the use of facts available 
is warranted in this case because SICC and Jiangsu, which are part of 
the PRC entity (see ``Separate Rates'' section above), have failed to 
respond to the original questionnaire and have refused to participate 
in this administrative review. Therefore, in accordance with sections 
776(a)(2)(A) and (C) of the Act, we find that the use of total facts 
available is appropriate for SICC and Jiangsu. Furthermore, in the 
preliminary results we determined that SICC and Jiangsu did not 
cooperate to the best of their ability with our requests for necessary 
information. Therefore, in accordance with section 776(b) of the Act, 
we applied adverse inferences when selecting among the facts available. 
As adverse facts available in this proceeding, in accordance with the 
Department's practice, we preliminarily assigned SICC, Jiangsu, and all 
other exporters subject to the PRC-wide rate the petition rate of 
243.40 percent, which is the PRC-wide rate established in the less than 
fair value (LTFV) investigation, and the highest dumping margin 
determined in any segment of this proceeding. As explained in the 
preliminary results, we determined that this margin was corroborated in 
accordance with section 776(c) of the Act in the LTFV investigation. 
See Preliminary Results, 65 FR at 18969-70. There is no evidence on the 
record which warrants revisiting this issue in these final results, and 
no interested party submitted comments on our use of adverse facts 
available. Accordingly, we continue to use the petition rate from the 
LTFV investigation of 243.40 percent.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant 
Secretary, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated August 8, 2000, which is 
adopted by 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 the 
Central Records Unit, room B-099, of the main Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ia.ita.doc.gov/frn/summary/countrylist.htm under the heading ``China.'' The paper copy and 
electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We have also corrected certain 
programming and clerical errors in our preliminary results, where 
applicable. Any programming or clerical errors are discussed in the 
relevant sections of the Decision Memorandum.

Final Results of Review

    We determine that the following percentage weighted-average margin 
percentages exist for the period July 1, 1998, through June 30, 1999:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (Percent)
------------------------------------------------------------------------
Guangdong Chemicals Import and Export Corporation..........         6.64
Tianjin Chemicals Import and Export Corporation............         0.44
PRC Country-Wide Rate......................................       243.40
------------------------------------------------------------------------

    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. We divided the total dumping margins for the reviewed 
sales by their total entered value for each importer. We will direct 
Customs to assess the resulting percentage margins against the entered 
Customs values for the subject merchandise on each 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 sebacic acid from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) For Guangdong, the cash 
deposit rate will be the rate indicated above; (2) for Tianjin, the 
cash deposit rate will be zero because Tianjin's margin is de minimis; 
(3) for companies previously found to be entitled to a separate rate 
and for which no review was requested, the cash deposit rates will be 
the rate established in the most recent review of that company; (4) for 
all other PRC exporters of subject merchandise, the cash deposit rates 
will be the PRC country-wide rate indicated above; and (5) 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 doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (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 and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.


[[Page 49539]]


    Dated: August 8, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

Acceptance of the Respondents' April 28, 2000, Surrogate Value 
Submission
2. Capryl Alcohol Valuation
3. Water Valuation
4. Activated Carbon and Macropore Resin Valuation
5. Caustic Soda Valuation
6. Capryl Alcohol and Glycerine Purity Level Adjustments
7. Hengshui Dongfeng Chemical Factory's Castor Seed Freight 
Valuation and Electricity Valuation
8. International Freight Valuation
9. Brokerage and Handling Valuation
10. Castor Oil and Castor Seed Valuation
11. Phenol Valuation

[FR Doc. 00-20561 Filed 8-11-00; 8:45 am]
BILLING CODE 3510-DS-P