[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Notices]
[Pages 2315-2316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-981]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-825]


Sebacic Acid from the People's Republic of China: Notice of 
Initiation of Changed Circumstances Review and Consideration of 
Revocation of the Antidumping Duty Order

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

ACTION: Notice of initiation of changed circumstances review.

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SUMMARY: In accordance with 19 CFR 351.216(b), Morflex, Inc., a U.S. 
importer of subject merchandise and an interested party in this 
proceeding, filed a request for a changed circumstances review of the 
antidumping duty order on sebacic acid from the People's Republic of 
China, as described below. In response to this request, the Department 
of Commerce is initiating a changed circumstances review of the 
antidumping duty order on sebacic acid from the People's Republic of 
China.

EFFECTIVE DATE: January 16, 2003.

FOR FURTHER INFORMATION CONTACT: Mike Strollo or Gregory E. Kalbaugh, 
Office 2, AD/CVD Enforcement Group I, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-0629 or (202) 482-3693, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 1994, the Department published in the Federal Register 
the antidumping duty order on sebacic acid from the People's Republic 
of China. See Antidumping Duty Order: Sebacic Acid From the People's 
Republic of China, 59 FR 35909 (July 14, 1994). On November 26, 2002, 
Morflex, Inc. (Morflex), a U.S. importer of subject merchandise and an 
interested party in this proceeding, requested that the Department 
revoke the antidumping duty order on sebacic acid from the People's 
Republic of China (PRC) through a changed circumstances review. 
According to Morflex, Arizona Chemical Corporation (Arizona Chemical) 
will cease production of subject merchandise in the United States at 
the end of November 2002. Arizona Chemical is the successor-in-interest 
to the original petitioner in this proceeding, Union Camp Corporation. 
In addition, on September 25, 2002, prior to Morflex's request, Arizona 
Chemical notified the Department that it intended to cease production 
of sebacic acid no later than December 31, 2002.

Scope of the Review

    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 is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 782(h)(2) of the Tariff Act of 1930, as amended 
(the Act), the Department may revoke an antidumping or countervailing 
duty order based on a review under section 751(b) of the Act (i.e., a 
changed circumstances review). Section 751(b)(1) of the Act requires a 
changed circumstances review to be conducted upon receipt of a request 
which shows changed circumstances sufficient to warrant a review. 19 
CFR 351.222(g) provides that the Department will conduct a changed 
circumstances review under 19 CFR 351.216 and may revoke an order (in 
whole or in part) if it determines that producers accounting for 
substantially all of the production of the domestic like product to 
which the order (or the part of the order to be revoked) pertains have 
expressed a lack of interest in the relief provided by the order, in 
whole or in part, or if changed circumstances exist sufficient to 
warrant revocation.
    In this case, the Department finds that the information submitted 
provides sufficient evidence of changed circumstances to warrant a 
review. Given Moreflex's assertions, we will consider whether there is 
interest in continuing the order on the part of the U.S. industry.
    Interested parties may submit comments for consideration in the 
Department's preliminary results not later than 20 days after 
publication of this notice. Responses to those comments may be 
submitted not later than 10 days following submission of the comments. 
All written comments must be submitted in accordance with 19 CFR 
351.303, and must be served on all interested parties on the 
Department's service list in accordance with 19 CFR 351.303.

[[Page 2316]]

    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances review, in accordance with 
19 CFR 351.221(c)(3)(i), which will set forth the factual and legal 
conclusions upon which our preliminary results are based, and a 
description of any action proposed based on those results. The 
Department will also issue its final results of review within 270 days 
after the date on which the changed circumstances review is initiated, 
in accordance with 19 CFR 351.216(e), and will publish these results in 
the Federal Register.
    While the changed circumstances review is underway, the current 
requirement for a cash deposit of estimated antidumping duties on all 
subject merchandise will continue unless and until it is modified 
pursuant to the final results of this changed circumstances review.
    This notice is in accordance with sections 751(b)(1) of the Act and 
19 CFR 351.216 and 351.222.

    Dated: January 10, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-981 Filed 1-15-03; 8:45 am]
BILLING CODE 3510-DS-P