98-32086. Castor Oil Products From Brazil and Sebacic Acid From China  

  • [Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
    [Notices]
    [Pages 66567-66570]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-32086]
    
    
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    INTERNATIONAL TRADE COMMISSION
    
    
    Castor Oil Products From Brazil and Sebacic Acid From China
    
    [Investigation No. 104-TAA-20 (Review) and (Investigation No. 731-TA-
    653 (Review))
    AGENCY: United States International Trade Commission.
    
    ACTION: Institution of five-year reviews concerning the countervailing 
    duty order on castor oil products from Brazil and the antidumping duty 
    order on sebacic acid from China.
    
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    SUMMARY: The Commission hereby gives notice that it has instituted 
    reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
    1675(c)) (the Act) to determine whether revocation of the 
    countervailing duty order on castor oil
    
    [[Page 66568]]
    
    products from Brazil and/or the antidumping duty order on sebacic acid 
    from China would be likely to lead to continuation or recurrence of 
    material injury. Pursuant to section 751(c)(2) of the Act, interested 
    parties are requested to respond to this notice by submitting the 
    information specified below to the Commission; the deadline for 
    responses is January 20, 1999. Comments on the adequacy of responses 
    may be filed with the Commission by February 12, 1999.
        For further information concerning the conduct of these reviews and 
    rules of general application, consult the Commission's Rules of 
    Practice and Procedure, part 201, subparts A through E (19 CFR part 
    201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent 
    amendments to the Rules of Practice and Procedure pertinent to five-
    year reviews, including the text of subpart F of part 207, are 
    published at 63 FR 30599, June 5, 1998, and may be downloaded from the 
    Commission's World Wide Web site at http://www.usitc.gov/rules.htm.
    
    EFFECTIVE DATE: December 2, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera 
    Libeau (202-205-3176), Office of Investigations, U.S. International 
    Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
    impaired persons can obtain information on this matter by contacting 
    the Commission's TDD terminal on 202-205-1810. Persons with mobility 
    impairments who will need special assistance in gaining access to the 
    Commission should contact the Office of the Secretary at 202-205-2000. 
    General information concerning the Commission may also be obtained by 
    accessing its internet server (http://www.usitc.gov).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        On March 16, 1976, the Department of the Treasury issued a 
    countervailing duty order under section 303 of the Act on imports of 
    castor oil products from Brazil (42 FR 8634). In January 1984, pursuant 
    to section 104 of the Trade Agreements Act of 1979, the Commission 
    determined that industries in the United States would be materially 
    injured by reason of imports of the subject castor oil products 
    (hydrogenated castor oil (HCO) and 12-hydroxystearic acid (HSA)) from 
    Brazil if the countervailing duty order were to be revoked. On July 14, 
    1994, in an unrelated investigation, the Department of Commerce issued 
    an antidumping duty order on imports of sebacic acid from China (59 FR 
    35909). The Commission is conducting reviews to determine whether 
    revocation of the orders would be likely to lead to continuation or 
    recurrence of material injury to the domestic industry within a 
    reasonably foreseeable time.
    
    Definitions
    
        The following definitions apply to these reviews:
        (1) Subject Merchandise is the class or kind of merchandise that is 
    within the scope of the five-year reviews, as defined by the Department 
    of Commerce.
        (2) The Subject Countries in these reviews are Brazil and China.
        (3) The Domestic Like Product is the domestically produced product 
    or products which are like, or in the absence of like, most similar in 
    characteristics and uses with, the Subject Merchandise. In its original 
    determinations concerning castor oil products from Brazil, the 
    Commission defined two separate Domestic Like Products: HCO and HSA. In 
    its original determination concerning sebacic acid from China, the 
    Commission defined the Domestic Like Product as sebacic acid.
        (4) The Domestic Industry is the U.S. producers as a whole of the 
    Domestic Like Product, or those producers whose collective output of 
    the Domestic Like Product constitutes a major proportion of the total 
    domestic production of the products. In its original determinations 
    concerning castor oil products from Brazil, the Commission defined two 
    separate Domestic Industries, one producing HCO and one producing HSA. 
    In its original determination concerning sebacic acid from China, the 
    Commission defined the Domestic Industry as producers of sebacic acid.
        (5) The Order Dates are the dates that the countervailing and 
    antidumping duty orders under review became effective. In the review 
    concerning castor oil products from Brazil, the Order Date is March 16, 
    1976, and in the review concerning sebacic aid from China, the Order 
    Date is July 14, 1994.
        (6) An Importer is any person or firm engaged, either directly or 
    through a parent company or subsidiary, in importing the Subject 
    Merchandise into the United States from a foreign manufacturer or 
    through its selling agent.
    
    Participation in the Reviews and Public Service List
    
        Persons, including industrial users of the Subject Merchandise and, 
    if the merchandise is sold at the retail level, representative consumer 
    organizations, wishing to participate in the reviews as parties must 
    file an entry of appearance with the Secretary to the Commission, as 
    provided in section 201.11(b)(4) of the Commission's rules, no later 
    than 21 days after publication of this notice in the Federal Register. 
    The Secretary will maintain a public service list containing the names 
    and addresses of all persons, or their representatives, who are parties 
    to the reviews.
    
    Limited Disclosure of Business Proprietary Information (BPI) Under 
    an Administrative Protective Order (APO) and APO Service List
    
        Pursuant to section 207.7(a) of the Commission's rules, the 
    Secretary will make BPI submitted in these reviews available to 
    authorized applicants under the APO issued in the reviews, provided 
    that the application is made no later than 21 days after publication of 
    this notice in the Federal Register. Authorized applicants must 
    represent interested parties, as defined in 19 U.S.C. Sec. 1677(9), who 
    are parties to the reviews. A separate service list will be maintained 
    by the Secretary for those parties authorized to receive BPI under the 
    APO.
    
    Certification
    
        Pursuant to section 207.3 of the Commission's rules, any person 
    submitting information to the Commission in connection with these 
    reviews must certify that the information is accurate and complete to 
    the best of the submitter's knowledge. In making the certification, the 
    submitter will be deemed to consent, unless otherwise specified, for 
    the Commission, its employees, and contract personnel to use the 
    information provided in any other reviews or investigations of the same 
    or comparable products which the Commission conducts under Title VII of 
    the Act, or in internal audits and investigations relating to the 
    programs and operations of the Commission pursuant to 5 U.S.C. Appendix 
    3.
    
    Written Submissions
    
        Pursuant to section 207.61 of the Commission's rules, each 
    interested party response to this notice must provide the information 
    specified below. The deadline for filing such responses is January 20, 
    1999. Pursuant to section 207.62(b) of the Commission's rules, eligible 
    parties (as specified in Commission rule 207.62(b)(1)) may also file 
    comments concerning the adequacy of responses to the notice of 
    institution and whether the Commission should conduct expedited or full 
    reviews. The deadline for filing such comments is February 12, 1999. 
    All written submissions must conform with the
    
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    provisions of sections 201.8 and 207.3 of the Commission's rules and 
    any submissions that contain BPI must also conform with the 
    requirements of sections 201.6 and 207.7 of the Commission's rules. The 
    Commission's rules do not authorize filing of submissions with the 
    Secretary by facsimile or electronic means. Also, in accordance with 
    sections 201.16(c) and 207.3 of the Commission's rules, each document 
    filed by a party to the reviews must be served on all other parties to 
    the reviews (as identified by either the public or APO service list as 
    appropriate), and a certificate of service must accompany the document 
    (if you are not a party to the reviews you do not need to serve your 
    response).
    
    Inability to Provide Requested Information
    
        Pursuant to section 207.61(c) of the Commission's rules, any 
    interested party that cannot furnish the information requested by this 
    notice in the requested form and manner shall notify the Commission at 
    the earliest possible time, provide a full explanation of why it cannot 
    provide the requested information, and indicate alternative forms in 
    which it can provide equivalent information. If an interested party 
    does not provide this notification (or the Commission finds the 
    explanation provided in the notification inadequate) and fails to 
    provide a complete response to this notice, the Commission may take an 
    adverse inference against the party pursuant to section 776(b) of the 
    Act in making its determinations in the reviews.
    
    Information to be provided in Response to This Notice of 
    Institution
    
         Please provide the requested information separately for each 
    Domestic Like Product, as defined by the Commission in its original 
    determinations, and for each of the products identified by Commerce as 
    Subject Merchandise. If you are a domestic producer, union/worker 
    group, or trade/business association; import/export Subject Merchandise 
    from more than one Subject Country; or produce Subject Merchandise in 
    more than one Subject Country, you may file a single response. If you 
    do so, please ensure that your response to each question includes the 
    information requested for each pertinent Subject Country. As used 
    below, the term ``firm'' includes any related firms.
        (1) The name and address of your firm or entity (including World 
    Wide Web address if available) and name, telephone number, fax number, 
    and E-mail address of the certifying official.
        (2) A statement indicating whether your firm/entity is a U.S. 
    producer of the Domestic Like Product, a U.S. union or worker group, a 
    U.S. importer of the Subject Merchandise, a foreign producer or 
    exporter of the Subject Merchandise, a U.S. or foreign trade or 
    business association, or another interested party (including an 
    explanation). If you are a union/worker group or trade/business 
    association, identify the firms in which your workers are employed or 
    which are members of your association.
        (3) A statement indicating whether your firm/entity is willing to 
    participate in these reviews by providing information requested by the 
    Commission.
        (4) A statement of the likely effects of the revocation of the 
    countervailing and antidumping duty orders on the Domestic Industry in 
    general and/or your firm/entity specifically. In your response, please 
    discuss the various factors specified in section 752(a) of the Act (19 
    U.S.C. Sec. 1675a(a)) including the likely volume of subject imports, 
    likely price effects of subject imports, and likely impact of imports 
    of Subject Merchandise on the Domestic Industry.
        (5) A list of all known and currently operating U.S. producers of 
    the Domestic Like Product. Identify any known related parties and the 
    nature of the relationship as defined in section 771(4)(B) of the Act 
    (19 U.S.C. Sec. 1677(4)(B)).
        (6) For certain castor oil products, a list of all known and 
    currently operating U.S. importers of the Subject Merchandise and 
    producers of the Subject Merchandise in Brazil that currently export or 
    have exported Subject Merchandise to the United States or other 
    countries since 1975. For sebacic acid, a list of all known and 
    currently operating U.S. importers of the Subject Merchandise and 
    producers of the Subject Merchandise in China that currently export or 
    have exported Subject Merchandise to the United States or other 
    countries since 1993.
        (7) If you are a U.S. producer of the Domestic Like Product, 
    provide the following information on your firm's operations on that 
    product during calendar year 1997 (report quantity data in thousands of 
    pounds and value data in thousands of U.S. dollars, f.o.b. plant). If 
    you are a union/worker group or trade/business association, provide the 
    information, on an aggregate basis, for the firms in which your workers 
    are employed/which are members of your association.
        (a) Production (quantity) and, if known, an estimate of the 
    percentage of total U.S. production of the Domestic Like Product 
    accounted for by your firm's(s') production; and
        (b) the quantity and value of U.S. commercial shipments of the 
    Domestic Like Product produced in your U.S. plant(s).
        (8) If you are a U.S. importer or a trade/business association of 
    U.S. importers of the Subject Merchandise from the Subject Countries, 
    provide the following information on your firm's(s') operations on that 
    product during calendar year 1997 (report quantity data in thousands of 
    pounds and value data in thousands of U.S. dollars). If you are a 
    trade/business association, provide the information, on an aggregate 
    basis, for the firms which are members of your association.
        (a) The quantity and value (landed, duty-paid but not including 
    antidumping or countervailing duties) of U.S. imports and, if known, an 
    estimate of the percentage of total U.S. imports of Subject Merchandise 
    from the Subject Countries accounted for by your firm's(s'') imports; 
    and
        (b) the quantity and value (f.o.b. U.S. port, including antidumping 
    and/or countervailing duties) of U.S. commercial shipments of Subject 
    Merchandise imported from the Subject Countries.
        (9) If you are a producer, an exporter, or a trade/business 
    association of producers or exporters of the Subject Merchandise in the 
    Subject Countries, provide the following information on your 
    firm's(s'') operations on that product during calendar year 1997 
    (report quantity data in thousands of pounds and value data in 
    thousands of U.S. dollars, landed and duty-paid at the U.S. port but 
    not including antidumping or countervailing duties). If you are a 
    trade/business association, provide the information, on an aggregate 
    basis, for the firms which are members of your association.
        (a) Production (quantity) and, if known, an estimate of the 
    percentage of total production of Subject Merchandise in the Subject 
    Countries accounted for by your firm's(s'') production; and
        (b) the quantity and value of your firm's(s'') exports to the 
    United States of Subject Merchandise and, if known, an estimate of the 
    percentage of total exports to the United States of Subject Merchandise 
    from the Subject Countries accounted for by your firm's(s'') exports.
        (10) Identify significant changes, if any, in the supply and demand 
    conditions or business cycle for the Domestic Like Product that have 
    occurred in the United States or in the market for the Subject 
    Merchandise in the Subject Countries since the Order Dates, and 
    significant changes, if any,
    
    [[Page 66570]]
    
    that are likely to occur within a reasonably foreseeable time. Supply 
    conditions to consider include technology; production methods; 
    development efforts; ability to increase production (including the 
    shift of production facilities used for other products and the use, 
    cost, or availability of major inputs into production); and factors 
    related to the ability to shift supply among different national markets 
    (including barriers to importation in foreign markets or changes in 
    market demand abroad). Demand conditions to consider include end uses 
    and applications; the existence and availability of substitute 
    products; and the level of competition among the Domestic Like Product 
    produced in the United States, Subject Merchandise produced in the 
    Subject Countries, and such merchandise from other countries.
        (11) (OPTIONAL) A statement of whether you agree with the above 
    definitions of the Domestic Like Product and Domestic Industry; if you 
    disagree with either or both of these definitions, please explain why 
    and provide alternative definitions.
    
        Authority: These reviews are being conducted under authority of 
    title VII of the Tariff Act of 1930; this notice is published 
    pursuant to section 207.61 of the Commission's rules.
    
        Issued: November 25, 1998.
    
        By order of the Commission.
    Donna R. Koehnke,
    Secretary.
    [FR Doc. 98-32086 Filed 12-1-98; 8:45 am]
    BILLING CODE 7020-02-P
    
    
    

Document Information

Effective Date:
12/2/1998
Published:
12/02/1998
Department:
International Trade Commission
Entry Type:
Notice
Action:
Institution of five-year reviews concerning the countervailing duty order on castor oil products from Brazil and the antidumping duty order on sebacic acid from China.
Document Number:
98-32086
Dates:
December 2, 1998.
Pages:
66567-66570 (4 pages)
PDF File:
98-32086.pdf