[Federal Register Volume 69, Number 85 (Monday, May 3, 2004)]
[Notices]
[Pages 24122-24123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9993]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-830]


Notice of the Final Results of Changed Circumstances Review and 
Revocation of the Antidumping Order: Coumarin from the People's 
Republic of China

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On January 26, 2004, the Department of Commerce published a 
notice of preliminary results of changed circumstances review and 
intent to revoke the antidumping duty order (69 FR 3543). We are now 
revoking this order effective February 1, 2003. The basis of the 
revocation is that Rhodia, Inc., which is the current name of Rhone-
Poulenc, the petitioner in original investigation and the sole U.S. 
producer of coumarin, ceased production during 2002.

EFFECTIVE DATE: May 3, 2004.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay or Addilyn Chams-Eddine 
at (202) 482-0780 or (202) 482-0648, respectively; Office of AD/CVD 
Enforcement Group VII, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

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 had 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 (Initiation). On August 26, 
2003, Rhodia submitted comments on the initiation of this changed 
circumstances review. Also on August 26, 2003, H. Reynaud & Fils USA 
Co. (H. Reynaud), an importer of the subject merchandise, submitted 
comments regarding the effective date of the revocation of the order. 
No other parties commented on our Initiation.
    On January 26, 2004, we published Coumarin From the People's 
Republic of China: Preliminary Results of Changed Circumstances Review 
and Intent to Revoke the Antidumping Order, 69 FR 3543 (Preliminary 
Results). In the Preliminary Results we announced our intent to revoke 
the antidumping order on Coumarin from the PRC, effective February 1, 
2003. Both Berj[eacute] and H. Reynaud submitted comments on the 
Preliminary Results on February 25, 2004. H. Reynaud submitted rebuttal 
comments on March 1, 2004. We have addressed the comments of the 
parties in the Issues and Decision Memo, which is on file in the 
Central Records Unit, room B-099 of the main Commerce Building. In 
addition, a complete version of the Issues and Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov. The paper copy 
and electronic version of the Issues and Decision Memo are identical in 
content.

Scope of the Antidumping Duty Order

    The product covered by this order is coumarin. Coumarin is an aroma 
chemical with the chemical formula (C[bdi9]H[bdi6]O[bdi2]) 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 are 
ethylcoumarins (C[bdi1][bdi1]H[bdi1][bdi0]O[bdi2]) and methylcoumarins 
(C[bdi1][bdi0]H[bdi8]O[bdi2]). 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.

Final Results of Changed Circumstances Review and Revocation of the 
Antidumping Duty Order

    In the Preliminary Results, we indicated our intent to revoke the 
antidumping order on coumarin from the PRC, effective February 1, 2003. 
We have considered the comments of the parties and we determine that 
February 1, 2003, is still the appropriate date on which to make the 
revocation of the antidumping order on coumarin effective. See Issues 
and Decision Memo.

Instructions to the Customs Service

    In accordance with section 351.222 of the Department's regulations, 
the Department will instruct 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,

[[Page 24123]]

entered, or withdrawn from warehouse, for consumption on or after 
February 1, 2003, the effective date of the revocation of the order. 
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 notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.306 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 terms of an APO is a sanctionable 
violation.
    This notice of final results of changed circumstances review and 
revocation of the antidumping duty order is in accordance with sections 
751(b) and (d), and 777(i)(1) of the Act and 351.216(d) and 
351.222(g)of the Department's regulations.

    Dated: April 26, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-9993 Filed 4-30-04; 8:45 am]
BILLING CODE 3510-DS-S