[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53168-53169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4857]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-533-807)


Final Results of Expedited Sunset Review of Countervailing Duty 
Order: Sulfanilic Acid from India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 2, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
(``CVD'') order on sulfanilic acid from India pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). See 
Initiation of Five-Year (``Sunset'') Reviews, 70 FR 22632 (May 2, 
2005). On the basis of a notice of intent to participate and an 
adequate substantive response filed on behalf of a domestic interested 
party and an inadequate response (in this case, no response) from 
respondent interested parties, the Department decided to conduct an 
expedited sunset review of this CVD order pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of 
this review, the Department finds that revocation of the CVD order 
would be likely to lead to continuation or recurrence of a 
countervailable subsidy at the level indicated the ``Final Results of 
Review'' section of this notice.

EFFECTIVE DATE: September 7, 2005.

FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington; DC 20230; telephone: (202) 482-1767 or (101) 
482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2005, the Department initiated a sunset review of the CVD 
order on sulfanilic acid from India pursuant to section 751(c) of the 
Act. See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 22632 (May 
2, 2005). The Department received a notice of intent to participate on 
behalf of National Ford Chemical Company (``NFC''), within the deadline 
specified in 19 CFR 351.218(d)(1)(i). NFC claimed interested party 
status under section 771(9)(C) of the Act, as a domestic producer of 
sulfanilic acid.
    The Department received a complete substantive response from NFC 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 
However, the Department did not receive a substantive response from any 
respondent interested party to 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 review of this order.

Scope of the Order

    The merchandise covered by the CVD order are all grades of 
sulfanilic acid, which include technical (or crude) sulfanilic acid, 
refined (or purified) sulfanilic acid and sodium salt of sulfanilic 
acid (sodium sulfanilate). The principal differences between the grades 
are the undesirable quantities of residual aniline and alkali insoluble 
materials present in the sulfanilic acid. All grades are available as 
dry free flowing powders. Technical sulfanilic acid contains 96 percent 
minimum sulfanilic acid, 1.0 percent maximum aniline, and 1.0 percent 
maximum alkali insoluble materials. Refined sulfanilic acid contains 98 
percent minimum sulfanilic acid, 0.5 percent maximum aniline, and 0.25 
percent maximum alkali insoluble materials. Sodium salt of sulfanilic 
acid (sodium sulfanilate) is a granular or crystalline material 
containing 75 percent minimum sulfanilic acid, 0.5 percent maximum 
aniline, and 0.25 percent maximum alkali insoluble materials based on 
the equivalent sulfanilic acid content. The merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings 2921.42.22 and 2921.42.24.20. HTSUS subheadings 
for sulfanilic acid and sodium salts of sulfanilic acid have changed 
since the issuance of this order. The petitioner asserts that the HTSUS 
subheading for sulfanilic acid was 2921.42.24.20 in 1993 and has 
remained at 2921.42.22 since 1994. Although the HTSUS subheadings are 
provided for convenience and customs purposes, our written description 
of the scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Barbara E. Tillman, 
Acting Deputy Assistant

[[Page 53169]]

Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated August 30, 2005, 
which is hereby adopted by this notice. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendation 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 Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Final Results of Review

    The Department determines that revocation of the countervailing 
duty order would be likely to lead to continuation or recurrence of a 
countervailable subsidy at the rate listed below:

------------------------------------------------------------------------
                                                              Net
                 Producers/Exporters                    Countervailable
                                                       Subsidy (percent)
------------------------------------------------------------------------
All Manufacturers/Producers/Exporters...............               43.71
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of 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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4857 Filed 9-6-05; 8:45 am]
Billing Code: 3510-DS-S