[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Notices]
[Pages 2998-2999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-825]


Notice of Rescission of Antidumping Duty Administrative Review: 
Sebacic Acid From the People's Republic of China

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

SUMMARY: In response to a request from SST Materials, Inc. d/b/a 
Genesis Chemicals, Inc. (Genesis), a domestic producer of subject 
merchandise, the Department of Commerce (the Department) initiated an 
administrative review of the antidumping duty order on sebacic acid 
from the People's Republic of China (PRC) for entries of subject 
merchandise by Tianjin Chemical Import and Export Corporation (Tianjin) 
and Guangdong Chemical Import and Export Corporation (Guangdong), 
covering the period July 1, 2003, through June 30, 2004. We are now 
rescinding this review as a result of the petitioner's withdrawal of 
its request for an administrative review.

EFFECTIVE DATE: January 19, 2005.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Brian Ledgerwood, 
China/NME Group, AD/CVD Operations, 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 July 1, 2004, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
sebacic acid from the PRC. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 69 FR 39903 (July 1, 2004). On August 30, 2004, 
pursuant to a request made by Genesis, the Department initiated an 
administrative review of the antidumping duty order on sebacic acid 
from the PRC with respect to Tianjin and Guangdong. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 69 FR 52857 (August 30, 2004). On November 29, 
2004, Genesis withdrew its request for an administrative review of 
sebacic acid from the PRC.

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 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.

Rescission of Review

    The Department's regulations at 19 CFR 351.213(d)(1) provide that 
the Department will rescind an administrative review if the party that 
requested the review withdraws its request for review within 90 days of 
the date of publication of the notice of initiation of the requested 
review. The Department's regulations further provide that the Secretary 
may extend this time limit if the Secretary determines that it is 
reasonable to do so. In this case, the 90-day deadline fell on a non-
business day and, therefore, the deadline was the next business day, 
November 29, 2004. Genesis made a timely withdrawal of its request for 
an administrative review and the Department has granted the request to 
rescind the review because Genesis was the only party to request the 
review. The Department will issue appropriate assessment instructions 
to U.S. Customs

[[Page 2999]]

and Border Protection within 15 days of publication of this notice.

Notification to Importers

    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 order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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.
    This notice is in accordance with section 777(i)(1) of the Tariff 
Act of 1930, as amended, and 19 CFR 251.213(d)(4).

    Dated: January 11, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
 [FR Doc. E5-195 Filed 1-18-05; 8:45 am]
BILLING CODE 3510-DS-P