[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16218-16219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1401]


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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 Changed Circumstances Review and Reinstatement of 
the Antidumping Duty Order

AGENCY: AGENCY: Import Administration, International Trade 
Administration, Department of Commerce.
SUMMARY: On November 26, 2004, the Department of Commerce (the 
Department) published the preliminary results of the changed 
circumstances review and intent to reinstate the Tianjin Chemicals 
Import and Export Corporation (Tianjin) in the antidumping duty order 
on exports of sebacic acid from the People's Republic of China (PRC). 
See Sebacic Acid From the People's Republic of China: Preliminary 
Results of Changed Circumstances Review and Intent to Reinstate the 
Antidumping Duty Order, 69 FR 68879 (November 26, 2004) (Preliminary 
Results). This review covers subject merchandise exported by Tianjin. 
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 
(POR) 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 differ from the preliminary results. We 
determine that Tianjin sold subject merchandise at less than normal 
value (NV) during the referenced period, and hereby reinstate Tianjin 
in the order. The final weighted-average dumping margin is listed below 
in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: March 30, 2005.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Brian Ledgerwood, 
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 November 26, 2004, the Department published in the Federal 
Register the preliminary results of changed circumstances review and 
intent to reinstate Tianjin in the antidumping duty order on exports of 
sebacic acid from the PRC. See Preliminary Results. This review covers 
subject merchandise exported by Tianjin. The POR is July 1, 2002, 
through June 30, 2003.
    We invited interested parties to comment on the preliminary results 
of review. We received comments from Tianjin on January 3, 2005. On 
March 11, 2005, we put excerpts from the International Trade 
Commission's Staff Report on the record and invited parties to comment. 
The hearing was held on March 15, 2005. The Department has conducted 
this changed circumstances review in accordance with section 751(b) of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products covered by this order are all grades of sebacic acid, 
a dicarboxylic acid with the formula (CH2)[bdi8](COOH)[bdi2], 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 C[bdi1][bdi0] 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

    We initiated this changed circumstance review for the sole purpose 
of determining whether Tianjin has resumed dumping of sebacic acid from 
the PRC. We did not require Tianjin to answer questions related to 
separate rates because no administrative review has been initiated that 
would require Tianjin to substantiate a de facto and de jure absence of 
government control of its export activities. We have not received any 
other information since the Preliminary Results which would indicate 
that Tianjin is not eligible for a separate rate. Therefore, we 
determine that Tianjin should be assigned an individual dumping margin 
in this changed circumstances review.

Analysis of Comments Received

    All issues raised in the case brief submitted by Tianjin to this 
changed circumstances review are addressed in the ``Issues and Decision 
Memorandum''

[[Page 16219]]

(Decision Memo) from Barbara E. Tillman, Acting Deputy Assistant 
Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated March 23, 2005, 
which is adopted by this notice. A list of the issues which parties 
have raised are in the Decision Memo and it 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 Records 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. 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 and the Memorandum to the File 
from Jennifer Moats, dated March 23, 2005 (Analysis Memo). 
Specifically, for these final results, we have revalued sebacic acid 
and revalued capryl alcohol with a more recently submitted value for 
octanol.

Final Results of Review

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

------------------------------------------------------------------------
                  Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Tianjin Chemicals Import and Export Corporation.........   26.33 percent
------------------------------------------------------------------------

    Since we have established that sebacic acid exported by Tianjin is 
being sold at less than NV, Tianjin is hereby reinstated in the 
antidumping duty order effective on the publication date of this 
notice. We will advise U.S. Customs and Border Protection (CBP) to 
collect a cash deposit of 26.33 percent on all entries of the subject 
merchandise exported by Tianjin that are entered, or withdrawn from 
warehouse, for consumption on or after, the publication date of these 
final results. This requirement shall remain in effect until 
publication of the final results of the next administrative review as 
to Tianjin. 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 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) of the Act and 19 CFR 351.216.

    Dated: March 23, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix - - Issues in Decision Memo

Comments

1. Authority to Reinstate the Antidumping Duty Order
2. Lack of Domestic Interested Party
3. Appearance of Cognis Corporation
4. Valuation of Sebacic Acid
5. Valuation of Activated Carbon
6. Valuation of Capryl Alcohol
7. Selection of Surrogate Financial Ratios
[FR Doc. E5-1401 Filed 3-29-05; 8:45 am]
BILLING CODE 3510-DS-S