[Federal Register Volume 69, Number 16 (Monday, January 26, 2004)]
[Notices]
[Pages 3543-3544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1577]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-830]


Coumarin From the People's Republic of China; Preliminary Results 
of Changed Circumstances Review and Intent To Revoke the Antidumping 
Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a 
changed circumstances review of the antidumping duty order on coumarin 
from the People's Republic of China (PRC). The preliminary results of 
this review indicate that Rhodia, Inc., the successor-in-interest to 
Rhone-Poulenc and the sole U.S. producer of coumarin, ceased production 
during 2002. Consequently, we have preliminarily determined to revoke 
the antidumping duty order on coumarin from the Peoples Republic of 
China effective February 1, 2003, the earliest date for which there are 
entries which have not been subject to an administrative review.

EFFECTIVE DATE: January 26, 2004.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay or Dana Mermelstein, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230, at (202) 482-0780 or (202) 482-1391, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 9, 1995, the Department published in the Federal 
Register the antidumping duty order on coumarin from the PRC. See 
Notice of Antidumping Order: Coumarin From the People's Republic of 
China, 60 FR 7751. On June 23, 2003, Berj[eacute] Incorporated 
(Berj[eacute]), a U.S. importer of subject merchandise and an 
interested party in this proceeding, requested that the Department 
conduct a changed circumstances review for the purpose of revoking the 
antidumping duty order on coumarin from the PRC. According to 
Berj[eacute], Rhone-Poulenc Specialty Chemicals Company (Rhone-
Poulenc), the petitioner, was the only domestic coumarin producer at 
the time of the original investigation. Berj[eacute] also indicated 
that since the original investigation, Rhone-Poulenc has changed its 
company name and now does business under the name Rhodia, Inc. (Rhodia) 
and that Rhodia remained the only producer of coumarin in the United 
States. Berj[eacute] informed the Department that Rhodia, in a press 
release dated November 28, 2001, announced its intent to cease 
production of coumarin in 2002. Berj[eacute] provided further 
information obtained from Rhodia indicating that Rhodia no longer 
produces coumarin in the United States.
    Based on Berj[eacute]'s June 23, 2003 submission, the Department 
initiated this changed circumstances review on July 31, 2003. See 
Notice of Initiation of Changed Circumstances Review and Consideration 
of Revocation of the Antidumping Duty Order: Coumarin From the 
Peoples's Republic of China, 68 FR 46579. On August 26, 2003, Rhodia 
submitted comments on the initiation of this changed circumstances 
review. Rhodia stated that while it had produced and distributed 
coumarin in the United States during the most recent administrative 
review period, February 1, 2002 through January 31, 2003, it no longer 
produces coumarin in the United States. Rhodia further stated that it 
did not oppose the revocation of the order on a prospective basis.
    Also on August 26, 2003, H. Reynaud & Fils USA Co. (HRF), an 
importer of the subject merchandise, submitted comments regarding the 
effective date of the revocation of the order. HRF claimed to have 
confirmed via a telephone call to Rhodia that the factory had actually 
shut down in May 2002. HRF then noted that, since it takes 
approximately 2 months to actually close down a factory, Rhodia 
probably ceased production in March 2002. Therefore, HRF requested that 
the revocation of the order be made retroactive to March 2002. On 
September 5, 2003, Berj[eacute] submitted a response to Rhodia's August 
26, 2003 comments. Berj[eacute] argued that the effective date of the 
revocation of the order should be July 1, 2002. Berj[eacute] reasoned 
that because Rhodia had not requested an administrative review during 
the most recent anniversary month, February 2003, the most recent 
review period before Rhodia ceased production was the administrative 
review that would have covered February 2001 through January 2002. In 
addition, Berj[eacute] stated that Rhodia was vague about when its 
production actually ceased, referring only to mid-2002. As such, 
Berj[eacute] stated that mid-2002 should be considered June 30, 2002, 
and, as a result, the effective date of the revocation of the order 
should be July 1, 2002, the day after Rhodia stopped production. No 
other parties commented on our Notice of Initiation of Changed 
Circumstances Review and Consideration of Revocation of the Antidumping 
Duty Order: Coumarin From the Peoples's Republic of China, 68 FR 46579.

Scope of the Antidumping Duty Order

    The product covered by this order is coumarin. Coumarin is an aroma 
chemical with the chemical formula 
(C9H6O2) that is also known by other 
names, including 2H-1-benzopyran-2-one, 1, 2-benzopyrone, cis-o-
coumaric acid lactone, coumarinic anhydride, 2-Oxo-1, 2-benzopyran, 5, 
6-benzo-alpha-pyrone, ortho-hydroxyc innamic acid lactone, cis-ortho-
coumaric acid anhydride, and tonka bean camphor.
    All forms and variations of coumarin are included within the scope 
of the order, such as coumarin in crystal, flake, or powder form, and 
``crude'' or unrefined coumarin (i.e., prior to purification or 
crystallization). Excluded from the scope of this order

[[Page 3544]]

are ethylcoumarins (C11H10O2) and 
methylcoumarins (C10H8O2). Coumarin is 
classifiable under subheading 2932.21.0000 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 investigation is dispositive.

Preliminary Results of Review and Intent To Revoke the Antidumping Duty 
Order

    The Department preliminarily determines that the producer 
accounting for all of the domestic like product to which the order 
pertains has ceased U.S. production and has expressed a lack of 
interest in the relief provided by this order, and thus, sufficient 
changed circumstances exist to warrant revocation of the order. The 
Department also preliminarily determines that the effective date of 
revocation for this order should be February 1, 2003, the earliest date 
for which entries of coumarin have not been subject to an 
administrative review. Therefore, the Department preliminarily 
determines that it shall revoke, effective February 1, 2003, the 
antidumping duty order on coumarin from the PRC in whole, pursuant to 
sections 751(b) and (d) and 782(h) of the Act, as well as 19 CFR 
351.216 and 351.222(g).
    Pursuant to section 782(h)(2) of 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. Section 351.222(g) of the 
regulations provides that the Department will conduct a changed 
circumstances review under Sec. 351.216 of the regulations, 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 other changed circumstances exist 
sufficient to warrant revocation. Furthermore, it is the Department's 
practice to revoke an antidumping duty order so that the effective date 
of revocation covers entries that have not been subject to a completed 
administrative review. See e.g., Large Newspaper Printing Presses and 
Components Thereof, Whether Assembled or Unassembled, From Germany: 
Notice of Final Results of Changed Circumstances Review, Revocation of 
the Antidumping Duty Order, and Rescission of Administrative Reviews, 
67 FR 19551.

Public Comment

    Pursuant to 19 CFR 351.309, interested parties may submit written 
comments in response to these preliminary results. Case briefs are 
currently scheduled for submission within 30 days after the date of 
publication of this notice, and rebuttal briefs, limited to arguments 
raised in case briefs, must be submitted no later than five (5) days 
after the time limit for filing case briefs. Parties who submit briefs 
in this proceeding are requested to submit with the briefs: (1) A 
statement of the issue, and (2) a brief summary of the argument. Case 
and rebuttal briefs must be served on interested parties in accordance 
with 19 CFR 351.303(f). Also, pursuant to 19 CFR 351.310, within 30 
days of the date of publication of this notice, interested parties may 
request a public hearing on arguments to be raised in the case and 
rebuttal briefs. Unless the Secretary specifies otherwise, the hearing, 
if requested, will be held two days after the deadline for submission 
of rebuttal briefs. The Department plans to issue the final results of 
this administrative review, including its analysis of issues raised in 
any case or rebuttal brief or at a hearing, not later than April 26, 
2004.

Instructions to U.S. Customs and Border Protection

    If our final results do not differ from our preliminary results 
with respect to revocation, the Department, in accordance with 19 CFR 
351.222, will instruct the U.S. Customs and Border Protection (CBP) to 
terminate the suspension of liquidation and to liquidate, without 
regard to antidumping duties, all unliquidated entries of coumarin from 
the PRC, entered, or withdrawn from warehouse, for consumption on or 
after February 1, 2003. The Department will further instruct CBP to 
refund with interest any estimated duties collected with respect to 
unliquidated entries of coumarin from the PRC entered, or withdrawn 
from warehouse, for consumption on or after February 1, 2003, in 
accordance with section 778 of the Act.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 771 (i)(1) of the Tariff Act.

    Dated: January 16, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-1577 Filed 1-23-04; 8:45 am]
BILLING CODE 3510-DS-P