[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Notices]
[Pages 75303-75305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3678]


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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 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 5, 2004, the Department of Commerce (the Department) 
published the preliminary results of the 2002-2003 administrative 
review of the antidumping duty order on sebacic acid from the People's 
Republic of China (PRC). See Sebacic Acid From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review, 
69 FR 47409 (August 05, 2004) (Preliminary Results). On August 31, 
2004, the Department issued a Memorandum to the File from Jennifer 
Moats entitled ``Analysis for the Post-Preliminary Calculation of 
Sebacic Acid from the People's Republic of China: Guangdong Chemicals 
Import and Export Corporation'' to correct an error it made in the 
Preliminary Results. This review covers subject merchandise exported by 
Guangdong Chemicals Import and Export Corporation (Guangdong). The 
products covered by this order are all grades of sebacic acid which 
include but are not limited to CP Grade, Purified Grade, and Nylon 
Grade (see Scope of the Review section below). The period of review is 
July 1, 2002, through June 30, 2003. Based on our analysis of the 
comments received, we have made changes in the margin calculation. 
Therefore, the final results differs from the preliminary results. We 
determine that Guangdong has sold subject merchandise at less than 
normal value (NV). The final weighted-average dumping margin is listed 
below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: December 16, 2004.

[[Page 75304]]


FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Brian Ledgerwood, 
China/NME Group, AD/CVD Operations, Office 8, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-5047 or (202) 482-3836, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 5, 2004, the Department published in the Federal Register 
the preliminary results of administrative review of the antidumping 
duty order on sebacic acid from the PRC. See Preliminary Results. In 
the Preliminary Results, in accordance with 19 CFR 351.213(d)(3) and 
consistent with our practice, we preliminarily rescinded the review of 
the antidumping duty order on sebacic acid from the PRC for the period 
of July 1, 2002, through June 30, 2003, with respect to subject 
merchandise exported to the United States by Tianjin Chemical Import 
and Export Corporation. On August 31, 2004, the Department issued a 
Memorandum to the File from Jennifer Moats entitled ``Analysis for the 
Post-Preliminary Calculation of Sebacic Acid from the People's Republic 
of China: Guangdong Chemicals Import and Export Corporation'' to 
correct an error made in the Preliminary Results. This review covers 
subject merchandise exported by Guangdong. The POR is July 1, 2002, 
through June 30, 2003.
    We invited interested parties to comment on the preliminary results 
of review. The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of the Review

    The products covered by this order 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 principle 
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.

Separate Rates

    Guangdong has requested a separate, company-specific antidumping 
duty rate. In the Preliminary Results, we found that Guangdong met the 
criteria for the application of a separate antidumping duty rate. We 
have not received any other information since the Preliminary Results 
which would warrant reconsideration of our separate-rate determination 
with respect to Guangdong. Therefore, we determine that Guangdong 
should be assigned an individual dumping margin in this administrative 
review.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Barbara E. Tillman, Acting Deputy 
Assistant Secretary for Import Administration, to James J. Jochum, 
Assistant Secretary for Import Administration, dated December 10, 2004, 
which is adopted by this notice. A list of the issues which parties 
have raised and to which we have responded, all of which are in the 
Decision Memo, is attached to this notice as an appendix. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file in the Central Record Unit, 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://www.ia.ita.doc.gov/frn/summary/countrylist.htm under the heading ``China.'' The paper copy and 
electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. These changes are discussed in the 
relevant sections of the Decision Memo.
    Specifically, for these final results, we have revalued activated 
carbon with a more type-specific price quote consistent with our 
practice, revalued labor with updated labor statistics, revalued capryl 
alcohol with a more recently submitted value for octanol, and made the 
necessary corrections for clerical errors in the Preliminary Results.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist for the period July 1, 2002, through June 30, 2003:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Guangdong Chemicals Import and Export Corporation...........       29.87
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. For assessment purposes, we do not have the information to 
calculate an estimated entered value. Accordingly, we have calculated 
importer/customer-specific duty assessment rates for the subject 
merchandise by aggregating the dumping margins calculated for all U.S. 
sales and dividing this amount by the total quantity of those sales. To 
determine whether the duty-assessment rates were de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculated importer/customer-specific ad valorem ratios based on the 
export prices. We will direct the CBP to assess the resulting 
assessment rates uniformly on all entries of that particular importer/
customer made during the POR. Pursuant to 19 CFR 351.106(c)(2), we will 
instruct the CBP to liquidate without regard to antidumping duties any 
entries for which the assessment rate is de minimis (i.e., less than 
0.50 percent). The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of these 
final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of the subject merchandise from the PRC entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by section 751(a)(1) of the Act: (1) The cash deposit 
rate for Guangdong will be 29.87 percent; (2) for a company previously 
found to be entitled to a separate rate and for which no review was 
requested,

[[Page 75305]]

the cash deposit rate will be the rate established in the most recent 
review of that company; (3) the cash deposit rate for the NME/PRC 
entity will continue to be the NME/PRC-wide rate (i.e., 243.40 
percent); and (4) the cash deposit rate for non-PRC exporters of 
subject merchandise from the PRC will be the rate applicable to the PRC 
exporter/producer that supplied that non-PRC exporter. These 
requirements shall remain in effect until publication of the final 
results of the next administrative review. There are no changes to the 
rates applicable to any other companies under this antidumping duty 
order.

Notification to Interested Parties

    The Department will disclose calculations performed in connection 
with the final results of review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b) of its 
regulations. This notice serves as a final reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and subsequent assessment 
of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3) 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 the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with section 751(b)(1) and 777(i)(1) of the Act.

    Dated: December 10, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

    1. Valuation of Sebacic Acid
    2. Valuation of Activated Carbon
    3. Valuation of Capryl Alcohol
    4. Valuation of Castor Oil
    5. Methodology for Calculation of Co-Product Ration
    6. Selection of Surrogate Financial Ratios
    7. Correction of Clerical Errors

 [FR Doc. E4-3678 Filed 12-15-04; 8:45 am]
BILLING CODE 3510-DS-P