[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Notices]
[Pages 31684-31685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13264]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-825]


Sebacic Acid From the People's Republic of China: Notice of Final 
Results of Changed Circumstances Review and Intent Not To Revoke the 
Antidumping Duty Order

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

ACTION: Notice of final results of changed circumstances antidumping 
duty administrative review and intent not to revoke antidumping duty 
order.

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SUMMARY: On March 27, 2003, the Department published a notice of 
preliminary results of changed circumstances review and preliminarily 
found that there was no reasonable basis to determine that changed 
circumstances sufficient to warrant revocation exist. In our 
preliminary results, we gave interested parties an opportunity to 
comment. See 68 FR 14945 (March 27, 2003). On April 25, 2003, the sole 
domestic producer of sebacic acid, SST Materials, Inc., doing business 
as Genesis Chemicals, Inc. (Genesis), submitted a letter in support of 
the Department's preliminary results. We received no other comments. 
Therefore, the final results do not differ from the preliminary 
results, and we find that changed circumstances do not exist to warrant 
revocation of the order.

EFFECTIVE DATE: May 28, 2003.

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

SUPPLEMENTARY INFORMATION:

Background

    On March 27, 2003, the Department published in the Federal Register 
a notice of preliminary results of changed circumstances review and 
preliminary intent not to revoke the antidumping duty order for sebacic 
acid from the People's Republic of China (PRC). See 68 FR 14945. On 
April 25, 2003, Genesis submitted comments on the Department's 
preliminary results. Genesis reiterated that it was the sole domestic 
producer of sebacic acid, produces commercial quantities of sebacic 
acid in the United States, and noted that since filing both its 
questionnaire response and additional comments in February 2003, it has 
increased its production staff and invested additional capital to 
increase domestic sebacic acid production capacity. We received no 
other comments from interested parties on the Department's preliminary 
results.

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 maxim-um 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.

Final Results of Changed Circumstances Review

    Pursuant to Sec. 751(d) of the Tariff Act of 1930 (the Act), the 
Department may revoke an antidumping duty order based on a review under 
Sec. 751(b) of the Act. 19 CFR 351.222(g)(1)(i) provides that the 
Department may revoke an order, in whole or in part, based on changed 
circumstances if ``(p)roducers 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) * * * have expressed a lack of interest in 
the order, in whole or in part * * *'' See also Sec. 782(h)(2) of the 
Act. Based on the fact that Genesis objects to the revocation of the 
antidumping duty order, and has indicated that it comprises the 
universe of domestic sebacic acid producers, we have determined that 
there are no grounds for concluding that substantially all of the 
domestic producers of like product have expressed a lack of interest in 
maintaining the order.\1\ As a result, we determine that changed 
circumstances sufficient to warrant revocation of the antidumping duty 
order on sebacic acid from the PRC do not exist. Therefore,

[[Page 31685]]

the Department is maintaining the order on sebacic acid from the PRC.
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    \1\ An article from the trade journal ``Chemical Market 
Reporter,'' dated January 20, 2003, was placed on the record which 
indicated that: (1) Arizona Chemical Corporation and CasChem, Inc. 
had been the only domestic producers of sebacic acid but both ceased 
domestic production of sebacic acid in December 2002; (2) Genesis 
began producing sebacic acid in December 2002; and (3) Genesis, as 
of January 2003, was the sole domestic producer of sebacic acid.
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    This notice is published in accordance with Sec. Sec.  751(b)(1) 
and 777(i) of the Act, and 19 CFR 351.221(c)(3).

    Dated: May 21, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-13264 Filed 5-27-03; 8:45 am]
BILLING CODE 3510-DS-P