[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Notices]
[Pages 53701-53703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22676]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-835; A-549-812]


Furfuryl Alcohol From the People's Republic of China and 
Thailand; Final Results of Antidumping Duty Sunset Reviews

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

ACTION: Notice of final results of antidumping duty sunset reviews: 
Furfuryl Alcohol from the People's Republic of China and Thailand.

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

SUMMARY: On May 1, 2000, the Department of Commerce (the 
``Department'') published the notice of initiation of sunset review of 
the antidumping duty orders on furfuryl from the People's Republic of 
China (``PRC'') and Thailand (65 FR 25309). On the basis of a notice of 
intent to participate and adequate substantive response filed on behalf 
of a domestic interested party, and inadequate response from respondent 
interested parties, we determined to conduct expedited sunset reviews. 
Based on our analysis of the comments received, we find that revocation 
of the antidumping duty orders would likely lead to continuation or 
recurrence of dumping at the levels listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: September 5, 2000.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or James P. Maeder, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, Washington, D.C. 20230; telephone: (202) 482-
5050 or (202-482-3330).

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'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).

[[Page 53702]]

Background

    On May 1, 2000, the Department initiated sunset reviews of the 
antidumping duty orders on furfuryl alcohol from the PRC and Thailand 
(65 FR 25309 ), pursuant to section 751(c) of the Act. On May 16, 2000, 
the Department received Notices of Intent to Participate, in each 
sunset review of these orders, on behalf of Penn Specialty Chemicals, 
Inc. (``Penn''), within the deadline specified in 19 CFR 351.218(d)(i). 
On May 31, 2000, the Department received substantive responses in each 
sunset review of these orders, within the 30-day deadline specified in 
the Sunset Regulations under section 351.218(d)(3)(i), on behalf of 
Penn. Penn claimed in its substantive response to these sunset reviews 
that it is a manufacturer of the domestic like product and therefore, 
is an interested party pursuant to section 771(9)(C) of the Act. 
Further, in its response to the notice of initiation on furfuryl 
alcohol from the PRC, Penn asserts that it purchased the furfuryl 
operation of QO Chemical, Inc., the petitioner in the original 
investigation. See Penn's, May 31, 2000, Substantive Response at 3.
    On June 7, 2000, the Department received a substantive response to 
the notice of initiation from respondent interested parties from the 
PRC: Sinochem International Furan Chemicals Co., Ltd., Shangong 
Zhucheng Chemical Co., Ltd., Shandong Baofeng Chemicals Group Corp., 
Linzi Organic Chemical Inc., Jilin Sanchun Chemical Plant Co. Ltd., 
Sinochem Hebei Fuheng Co., Ltd., Shanxi Province Gaoping Chemical 
Industry Co., Ltd., Qingdao Import and Export Corp., Tieling North and 
the China Chamber of Commerce of Metals, Minerals, and Chemicals 
(collectively, ``respondent interested parties'').\1\
---------------------------------------------------------------------------

    \1\ On May 30, 2000, the Department received a request for a 
one-week extension of the deadline for filing substantive comments 
on behalf of respondent interested parties, China Chamber of 
Commerce of Metals, Minerals, and Chemicals. The Department granted 
the extension for all participants eligible to file substantive 
comments in this sunset review until June 7, 2000.
    On June 6, 2000, China Chamber of Commerce of Metals, Minerals, 
and Chemicals, submitted a request to the Department to amend their 
list of entry of appearance. The new list includes: Sinochem 
International Furan Chemicals Co., Ltd., Shangong Zhucheng Chemical 
Co., Ltd., Shandong Baofeng Chemicals Group Corp., Linzi Organic 
Chemical Inc., Jilin Sanchun Chemical Plant Co. Ltd., Sinochem Hebei 
Fuheng Co., Ltd., Shanxi Province Gaoping Chemical Industry Co., 
Ltd., Qingdao Import and Export Corp.
    On June 6, 2000, the Department received a request for a further 
extension to file additional information in the substantive response 
on behalf of respondent interested parties: Sinochem International 
Furan Chemicals Co., Ltd., Shangong Zhucheng Chemical Co., Ltd., 
Shandong Baofeng Chemicals Group Corp., Linzi Organic Chemical Inc., 
Jilin Sanchun Chemical Plant Co. Ltd., Sinochem Hebei Fuheng Co., 
Ltd., Shanxi Province Gaoping Chemical Industry Co., Ltd., Qingdao 
Import and Export Corp., and the China Chamber of Commerce of 
Metals, Minerals, and Chemicals. The Department granted the 
extension to respondent interested parties to file additional 
information to their June 7, 2000, substantive response of the 
sunset review on furfuryl alcohol from the PRC until not later than 
June 16, 2000. See letter to Bruce Aitken, Attorney, Aitken, Irvin, 
Lewin, Berlin, Vrooman, & Cohn, LLP., from James P. Maeder, Office 
of Policy, Import Administration.
---------------------------------------------------------------------------

    On May 19, 2000, the Department received notice of waiver of 
participation in the sunset review on furfuryl alcohol from Thailand, 
on behalf of Indo-Rama Chemicals (Thailand) Ltd., pursuant to 
351.218(d)(2)(i) of the Department's regulations.
    With respect to the antidumping duty order on furfuryl alcohol from 
the PRC, the respondent interested parties note that, of the eight 
companies participating in this review, only two companies, Shandong 
Zhucheng and Linzi Organiz participated in the original antidumping 
duty investigation. The respondent interested parties note that Qingdao 
Import & Export is a different company from the Quingdao participated 
in the investigation, and that Qingdao's furfuryl alcohol division is 
an independent operation called Qingdao on Billion International. 
Further, they note that Sinochem Furan was formed two years ago, and 
includes the assets of the Sinochem Shandong, a company that 
participated in the original investigation.\2\ Shandong, Hebei, 
Sanchun, Shanxi, and Linzi are producers and exporters of furfuryl 
alcohol from the PRC to the United States, and Sinochem Furan, Qingdao, 
and Teiling are exporters of furfuryl alcohol from the PRC. See 
Respondent Interested Parties, Supplement to Response, June 16, 2000, 
at 3. Therefore, the respondent interested parties assert that all 
these companies qualify as interested parties under section 771(9)(A) 
of the Act.
---------------------------------------------------------------------------

    \2\ See Respondent Interested Parties, June 16, 2000, Supplement 
Filing to Response at 11.
---------------------------------------------------------------------------

    On June 21, 2000, the Department notified the Commission that the 
respondent interested parties did not provide an adequate response in 
these sunset reviews, pursuant to section 751(c)(3)(B) of the Act, and 
19 CFR 351.218(e)(1)(ii)(C)(2). Therefore, because we did not receive 
adequate responses from respondent interested parties in each of the 
two cases, we determined to conduct expedited sunset reviews and to 
issue the final results not later than August 29, 2000, (120 days after 
the date of publication in the Federal Register of the notice of 
initiation). We have addressed the interested parties' comments below.

Scope of Reviews

    The merchandise covered in these reviews is furfuryl alcohol 
(C4H3OCH2OH). Furfuryl alcohol is a 
primary alcohol and is colorless or pale yellow in appearance. It is 
used in the manufacture of resins and as a wetting agent and solvent 
for coating resins, nitrocellulose, cellulose acetate, and other 
soluble dyes. The product subject to these orders are classifiable5 
under subheading 2932.13.00 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 these orders is dispositive.

Analysis of Comments Received

    All issues raised by parties to these sunset reviews are addressed 
in the ``Issues and Decision Memorandum'' (``Decision Memo'') from 
Jeffrey A. May, Director, Office of Policy, Import Administration, to 
Troy H. Cribb, Assistant Secretary for Import Administration, dated 
August 29, 2000, which is adopted by this notice. The issues discussed 
in the Department's Decision Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail were the orders revoked. Parties can find a complete 
discussion of all issues raised in these reviews and the corresponding 
recommendations in this public memorandum which is on file in room B-
099 of the Central Records Unit of the Department's main building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://www.ia.ita.doc.gov under the 
headings ``PRC'' and ``Thailand.'' The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty orders on 
furfuryl alcohol from the PRC and Thailand would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                                Margin
               Manufacturer/producer/exporter                 (percent)
------------------------------------------------------------------------
China:
    Quingdao Chemicals & Medicines Import and Export               50.43
     Corporation...........................................

[[Page 53703]]

 
    Sinochem Shandong Import and Export Corporation........        43.54
    All Others.............................................        45.27
Thailand:
    Indo-Rama Chemicals Ltd. (Thailand)(``IRCT'')..........         7.82
    All Others.............................................         7.82
------------------------------------------------------------------------

    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. Timely notification of 
the return or 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(c), 752, and 777(i) of the Act.

    Dated: August 29, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-22676 Filed 9-1-00; 8:45 am]
BILLING CODE 3510-DS-P