[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Notices]
[Pages 47891-47892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17935]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-825]


Sebacic Acid From the People's Republic of China; Final Results 
of the Expedited Sunset Review of Antidumping Duty Order; Final Results

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

ACTION: Expedited sunset review of antidumping duty order on sebacic 
acid from the People's Republic of China; final results.

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SUMMARY: On April 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of sebacic acid from the 
People's Republic of China (``China'').\1\ On the basis of the notice 
of intent to participate, adequate substantive comments filed on behalf 
of the domestic interested parties, and an inadequate response (in this 
case, no response) from respondent interested parties, the Department 
determined to conduct an expedited sunset review. As a result of this 
review, the Department finds that revocation of the antidumping duty 
order would likely lead to continuation or recurrence of dumping at the 
levels listed below in the section entitled ``Final Results of 
Review.''
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 69 FR 17129 
(April 1, 2004) (``Initiation Notice'').

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DATES: Effective August 6, 2004.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC, 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2004, the Department initiated a sunset review of the 
antidumping duty order on sebacic acid from China pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the ``Act'') (69 FR 
17129). The Department received a notice of intent to participate on 
behalf of SST Materials Inc. d/b/a Genesis Chemicals, Inc. 
(``Genesis''), within the deadline specified in section 
351.218(d)(1)(i) of the Department's Regulations. The domestic 
interested parties claimed interested party status under section 
771(9)(C) of the Act as U.S. producers of sebacic acid. We received a 
complete response from Genesis within the 30-day deadline specified in 
the Department's regulations under section 351.218(d)(3)(i). We 
received no response from any interested party respondents in this 
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an 
expedited sunset review of this antidumping duty order.
    This order remains in effect for all Chinese manufacturers, 
producers, and exporters, except for exporter, Tianjin Chemicals Import 
& Export Corporation with respect to subject merchandise produced by 
Hengshui.\2\
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    \2\ Sebacic Acid From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Determination 
To Revoke Order in Part, 67 FR 69719 (November 19, 2002).
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Scope of the Order

    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 (500 ppm maximum ash, 25 maximum APHA color), Purified 
Grade (1000 ppm maximum ash, 50 maximum APHA color), and Nylon Grade 
(500 ppm 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. of the

[[Page 47892]]

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.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to James J. 
Jochum, Assistant Secretary for Import Administration, dated July 30, 
2004, which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margin likely to prevail if the 
finding were to be revoked. Parties can find a complete discussion of 
all issues raised in this review and the corresponding recommendations 
in this public memo, which is on file in room B-099 of the main 
Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``August 2004.'' The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on 
sebacic acid from China would be likely to lead to continuation or 
recurrence of dumping at the following percentage weighted-average 
percentage margins:

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                                               Weighted-average margin
     Manufacturers/exporters/producers                (percent)
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Sinochem Jiangsu Import & Export             85.48
 Corporation.
Tianjin Chemicals Import & Export            Revoked
 Corporation.
Guangdong Chemicals Import & Export          57.00
 Corporation.
Sinochem International Chemicals Company...  43.72
China-wide rate............................  243.40
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
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 violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: July 30, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-17935 Filed 8-5-04; 8:45 am]
BILLING CODE 3510-DS-P