[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Notices]
[Pages 77567-77568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31632]


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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 8, 2000, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review on the antidumping duty order on elemental sulphur from Canada. 
This review covers imports of subject merchandise from Husky Oil 
Limited (``Husky''), a producer, and Petrosul International 
(``Petrosul''), a reseller. The period of review (``POR'') for Husky 
and Petrosul is from December 1, 1998 through December 31, 1999. The 
POR for all other entries is December 1, 1998 through November 30, 
1999. We gave interested parties an opportunity to comment on our 
preliminary results. No interested parties have filed case briefs or 
rebuttal briefs on the preliminary results and no request for a hearing 
has been received by the Department. Therefore, we have not changed the 
results from those presented in the preliminary results of review and 
we will instruct the U.S. Customs Service to assess antidumping duties 
on suspended entries for Petrosul and Husky.

EFFECTIVE DATE: December 12, 2000.

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

SUPPLEMENTARY INFORMATION:

The 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 the regulations codified at 19 CFR Part 351 (April 
1, 1999).

[[Page 77568]]

Background

    The antidumping dumping duty order for elemental sulphur from 
Canada was revoked, pursuant to the sunset procedures established by 
statute, effective January 1, 2000. See Revocation of Antidumping 
Finding: Elemental Sulphur From Canada, 64 FR 40553 (July 27, 1999). 
However, we are conducting this review to cover sales of the subject 
merchandise made in the United States by Husky and Petrosul during the 
13-month period from December 1, 1998, until the effective date of the 
revocation.
    On September 8, 2000, the Department published in the Federal 
Register its preliminary results of the antidumping duty order on 
elemental sulphur from Canada (65 FR 54488) (``Preliminary Results''). 
As noted above, the Department did not receive comments from interested 
parties.
    The Department is conducting this administrative review in 
accordance with section 751 of the Act.

Scope of the Review

    Imports covered by this review are shipments of 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 Department's written description of the scope of 
this order remains dispositive.

Period of Review

    The POR for Husky and Petrosul is from December 1, 1998 through 
December 31, 1999. See April 11, 2000 letters to Husky and Petrosul, in 
which the Department extended the POR to include December 1999. The POR 
for all other entries is December 1, 1998 through November 30, 1999.

Adverse Facts Available

    As discussed in the Preliminary Results, we preliminarily 
determined that the application of total adverse facts available with 
respect to Petrosul was appropriate. No parties have commented on this 
determination, and no new facts have been submitted which would cause 
the Department to revisit this decision. Therefore, for the reasons set 
out in the Preliminary Results, 65 FR 54489-90, we have continued to 
apply total adverse facts available to Petrosul for the purposes of 
this final results notice.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average dumping margins exist for the period December 1, 1998 
through December 31, 1999:

------------------------------------------------------------------------
                                                                 Margin
                Manufacturer/exporter/reseller                 (percent)
------------------------------------------------------------------------
Husky Oil Limited............................................       0.55
Petrosul International, Ltd..................................      40.38
------------------------------------------------------------------------

Assessment

    The Department will assess antidumping duties on all Petrosul 
entries at the same rate as the dumping margin (i.e., 40.38 percent) 
since the margin is not a current calculated rate for the respondent, 
but a rate based upon total adverse facts available pursuant to section 
776(b) of the Act. We will assess importer-specific antidumping duties 
on all appropriate Husky entries. Also, 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).
    This notice 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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 6, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.
[FR Doc. 00-31632 Filed 12-11-00; 8:45 am]
BILLING CODE 3510-DS-P