[Federal Register Volume 67, Number 226 (Friday, November 22, 2002)]
[Notices]
[Pages 70404-70406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29789]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-815]


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

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

EFFECTIVE DATE: November 22, 2002.
SUMMARY: On May 10, 2002, the Department of Commerce (the Department) 
published the preliminary results of the antidumping administrative 
review of sulfanilic acid from the People's Republic of China. See 
Notice of Preliminary Results and Preliminary Partial Rescission of 
Antidumping Duty Administrative Review of Sulfanilic Acid: Sulfanilic 
Acid from the People's Republic of China, 67 FR 31770 (May 10, 2002) 
(Preliminary Results).
    Based on our analysis of comments received, we have made changes to 
the margin calculations. Therefore, the final results differ from the 
preliminary results. The final weighted-average dumping margin for 
Zhenxing Chemical Industry Company (Zhenxing) (also known as Baoding 
Mancheng Zhenxing Chemical Plant) is listed below in the section 
entitled ``Final Results of Review.''
    We are rescinding the review with respect to Xinyu Chemical Plant 
(Xinyu) (formerly known as Yude Chemical Industry Company) as explained 
below in the ``Final Rescission'' section of this notice because Xinyu 
did not export the subject merchandise to the United States during the 
period of review (POR).

FOR FURTHER INFORMATION CONTACT: Sean Carey or Holly Hawkins, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue N.W., Washington, D.C. 
20230 at (202) 482-3964 or (202) 482-0414, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    All citations to the statute are references to the Tariff Act of 
1930 (the Act), as amended. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to 19 CFR part 351 
(2002).

Background

    Since the Preliminary Results, the following events have occurred. 
Petitioner, Nation Ford Chemical Company (NFC), timely submitted 
publicly available information regarding the valuation of factors of 
production on May 30, 2002, in accordance with section 
351.301(c)(3)(ii) of the Department's regulations. In accordance with 
section 351.301(c)(1), respondents submitted timely factual information 
on June 10, 2002 in response to the factual information submitted by 
petitioner on May 30, 2002.
    On June 10, 2002, petitioner and respondents submitted case briefs, 
and respondents made a timely request for a public hearing. Petitioner 
and respondents submitted rebuttal briefs on June 19, 2002 after the 
Department granted an extension for the filing of rebuttal briefs in 
response to a request from respondents. On August 29, 2002, we extended 
the deadline for the final results of this review. See Extension of 
Time Limit for Final Results of Antidumping Duty Administrative Review; 
Sulfanilic Acid from the People's Republic of China, 67 FR 57220 
(September 9, 2002). Respondents withdrew their request for a public 
hearing on October 8, 2002.

Final Rescission

    In the Preliminary Results, the Department noted that a query of 
U.S. Customs Service data on entries of sulfanilic acid from the 
People's

[[Page 70405]]

Republic of China made during the POR confirmed that Xinyu made no 
entries during the POR. Although in a prior decision we had found that 
Xinyu and Zhenxing should be treated as a single entity (see Notice of 
Amendment of Final Results of Antidumping Duty Administrative Review; 
Sulfanilic Acid from the People's Republic of China, 65 FR 18300, April 
7, 2000), our analysis in this review has revealed no evidence that 
Xinyu and Zhenxing should be treated as a single entity. No new 
information has been presented since the Preliminary Results to warrant 
reconsideration of our determination to rescind. Therefore, we are 
rescinding the review with respect to Xinyu.

Scope of the Antidumping Duty Order

    Imports covered by this antidumping duty order 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 
2921.42.22 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 2921.42.22 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 2921.42.90, 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 the Comments Received

    All issues raised in the briefs filed by parties to this 
administrative review are addressed in the Memorandum from Joseph A. 
Spetrini, Deputy Assistant Secretary for AD/CVD Enforcement Group III, 
to Faryar Shirzad, Assistant Secretary for Import Administration: 
Issues and Decision Memorandum for the Final Results of the 
Administrative Review of Sulfanilic Acid from the People's Republic of 
China, dated November 15, 2002 (Decision Memo), which is hereby 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 Commerce Building. In addition, a complete 
version of the Decision Memo can be accessed directly on the internet 
at http://ia.ita.doc.gov. The paper copy and electronic version of the 
Decision Memo are identical in content.

Separate Rates

    In the Preliminary Results, we found that Zhenxing met the 
requirements for receiving a separate rate. No new information or 
evidence of changed circumstances has been presented since then to 
warrant reconsideration of this finding. Accordingly, Zhenxing has been 
assigned a separate rate, the rate listed below under the section 
``Final Results of Review,'' for purposes of these final results.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. A complete discussion of the 
changes made to these calculations can be found in the ``Memorandum to 
the File from Sean Carey, Trade Analyst, through Dana Mermelstein, 
Program Manager, AD/CVD Enforcement, Office 7: Analysis for the Final 
Results of the 2000/2001 Administrative Review of Sulfanilic Acid from 
the People's Republic of China,'' dated November 15, 2002.

Final Results of Review

    We determine the weighted-average dumping margin for Zhenxing for 
the periodAugust 1, 2000 through July 31, 2001 to be 64.22 percent.

Assessment Rates

    The Department shall determine, and the U.S. Customs Service shall 
assess, antidumping duties on all appropriate entries. Since the 
reported sales are CEP sales through a single affiliated importer, we 
will direct Customs to assess the rate that was calculated using the 
aggregate value of the calculated antidumping duties divided by the 
aggregate entered customs value of the subject merchandise from 
Zhenxing during the POR.

Cash Deposit Requirements

    The deposit requirement, at the rate noted above under ``Final 
Results of Review,'' will be effective for all shipments of subject 
merchandise by Zhenxing entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice, as 
provided by section 751(a)(2)(C) of the Act.
    For all other companies, the following rates are in effect and 
remain unaffected by the results of this administrative review: (1) for 
previously-reviewed PRC and non-PRC exporters with separate rates, the 
cash deposit rate will be the company-specific rate established for the 
most recent period; (2) for all other PRC exporters, the rate will be 
the current PRC-wide ad valorem rate, which is 85.20 percent; and (3) 
for all other non-PRC exporters of subject merchandise from the PRC, 
the cash deposit rate will be the rate applicable to the PRC supplier 
of that exporter.

Notification to Parties

    This notice serves as a final reminder to importers of their 
responsibility under section 351.402(f)(2) of the Department's 
regulations 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 disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.


[[Page 70406]]


    Dated: November 15, 2002.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Issues
1. Use of New Surrogate Value Information for Aniline and Sulfuric Acid
2. Supplementing or Adjusting New Surrogate Value Information for 
Aniline and Sulfuric Acid
[FR Doc. 02-29789 Filed 11-21-02; 8:45 am]
BILLING CODE 3510-DS-S