[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Notices]
[Pages 51775-51776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24602]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-307-801; C-307-802]
Aluminum Sulfate From Venezuela, Revocation of the Antidumping
and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of revocation of antidumping and countervailing duty
orders.
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SUMMARY: The Department of Commerce (the Department) is notifying the
public of its revocation of the antidumping and countervailing duty
orders on aluminum sulfate from Venezuela because the orders are no
longer of any interest to domestic interested parties.
EFFECTIVE DATE: October 3, 1995.
FOR FURTHER INFORMATION CONTACT: Matthew Rosenbaum or Michael Panfeld,
Office of Antidumping Compliance (telephone: (202) 482-0198), or Brian
Albright, Office of Countervailing Compliance (telephone: (202) 482-
2786), Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue, N.W.,
Washington, D.C. 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department may revoke an antidumping or countervailing duty
order if the Secretary concludes that the order is no longer of
interest to domestic
[[Page 51776]]
interested parties. We conclude that there is no interest in an
antidumping or countervailing duty order when no interested party has
requested an administrative review for five consecutive review periods
and no domestic interested party objects to revocation (19 CFR
Sec. 353.25(d)(4)(iii) and 355.25(d)(4)(iii)).
On November 25, 1994, the Department published in the Federal
Register (59 FR 60604 & 60608) its notices of intent to revoke the
antidumping duty order (December 15, 1989) and the countervailing duty
order (December 19, 1989) on aluminum sulfate from Venezuela.
Additionally, as required by 19 CFR Sec. 353.25(d)(4)(ii) and
355.25(d)(4)(ii), the Department served written notice of its intent to
revoke these orders on each domestic interested party on the service
list. Domestic interested parties who might object to the revocation
were provided the opportunity to submit their comments not later than
the last day of the anniversary month.
In these cases, we received no requests for review for five
consecutive review periods. Furthermore, as discussed below, no
domestic interested party, as defined under Sec. 353.2(k)(3), (k)(4),
(k)(5), or (k)(6) and 355.2(i)(3), (i)(4), (i)(5), or (i)(6) of the
Department's regulations, has expressed opposition to revocation.
Section 771(4)(A) of the Act defines ``industry'' generally as domestic
producers of the like product. Likewise, the regulations define
domestic interested parties as producers of the like product in the
United States (i.e., the industry), as well as U.S. sellers (non-
retail) of the industry's products and the industry's unions and
associations. 19 C.F.R. Secs. 353.2(k)(3), (4), (5) and (6);
355.2(i)(3), (4), (5) and (6).
Section 771(4)(C) of the Act further provides that ``[i]n
appropriate circumstances, the United States, for a particular product
market, may be divided into two or more markets and the producers
within each market may be treated as if they were a separate industry.*
* *'' (Emphasis added). In such regional industry cases, the
International Trade Commission (ITC) may find injury to the regional
industry, even if the domestic industry as a whole is not injured. Id.
In accordance with section 771(4)(C), the orders on aluminum sulfate
from Venezuela were issued on the basis of the ITC's determinations
that producers in Puerto Rico constituted a separate, regional
industry, and that the regional industry was injured by dumped and
subsidized imports.
Because the regulatory definition of domestic interested parties is
drawn from the statutory definition of the industry, it follows that,
in a regional industry case, domestic interested parties are the
producers of the like product that are located in the region (i.e., the
industry), as well as the U.S. sellers, unions and associations for
that regional industry. This definition of domestic interested parties
accurately defines those who are part of the industry found to have
been injured and who, therefore, may have an interest in whether the
orders are revoked. Accordingly, for purposes of evaluating objections
to revocation of these orders, domestic interested parties are defined
as producers or sellers of the like product located in Puerto Rico, as
well as the unions and associations for that regional industry.
On December 29, 1994, General Chemical Corporation, a U.S. producer
of aluminum sulfate, objected to revocation of the orders. However,
because General Chemical Corporation does not produce the like product
in Puerto Rico, it does not fall within the definition of domestic
interested parties with standing to object to revocation of these
orders. Based on these facts, we have concluded that the antidumping
and countervailing duty orders on aluminum sulfate from Venezuela are
no longer of any interest to domestic interested parties. Accordingly,
we are revoking these orders in accordance with 19 CFR
Sec. 353.25(d)(4)(iii) and 355.25(d)(4)(iii).
Scope of the Order
Imports covered by the revocation are shipments of aluminum sulfate
from Venezuela. This merchandise is currently classifiable under
Harmonized Tariff Schedules (HTS) item number 2833.22.00. The HTS
number is provided for convenience and customs purposes. The written
description remains dispositive.
Revocation of the antidumping duty order applies to all
unliquidated entries of aluminum sulfate from Venezuela entered, or
withdrawn from warehouse, for consumption on or after December 1, 1994.
Entries made during the period December 1, 1993 through November 30,
1994, will be subject to automatic assessment in accordance with 19 CFR
353.22(e). The Department will instruct the Customs Service to proceed
with liquidation of all unliquidated entries of this merchandise
entered, or withdrawn from warehouse, for consumption on or after
December 1, 1994, without regard to antidumping duties, and to refund
any estimated antidumping duties collected with respect to those
entries.
Revocation of the countervailing duty order applies to all
unliquidated entries of aluminum sulfate from Venezuela entered, or
withdrawn from warehouse, for consumption on or after January 1, 1995.
Entries made during the period January 1, 1994, through December 31,
1994, will be subject to automatic assessment in accordance with 19 CFR
355.22(g). The Department will instruct the Customs Service to proceed
with liquidation of all unliquidated entries of this merchandise
entered, or withdrawn from warehouse, for consumption on or after
January 1, 1995, without regard to countervailing duties, and to refund
any estimated countervailing duties collected with respect to those
entries.
This notice is in accordance with 19 CFR 353.25(d) and 355.25(d).
Dated: September 26, 1995.
Joseph A. Spetrini,
Deputy Assistant Secretary for Compliance.
[FR Doc. 95-24602 Filed 10-2-95; 8:45 am]
BILLING CODE 3510-DS-P
