[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19540]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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DEPARTMENT OF COMMERCE
[A-307-809]
Notice of Final Determination of Sales at Less Than Fair Value:
Phthalic Anhydride From Venezuela
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 10, 1994.
FOR FURTHER INFORMATION CONTACT: Kimberly Hardin, Office of Antidumping
Investigations, Import Administration, U.S. Department of Commerce,
14th Street and Constitution Avenue, N.W., Washington, D.C. 20230;
telephone (202) 482-0371.
Final Determination
The Department of Commerce (the Department) determines that
phthalic anhydride (PA) from Venezuela is being, or is likely to be,
sold in the United States at less than fair value, as provided in
section 735 of the Tariff Act of 1930, as amended (the Act). The
estimated margins are shown in the ``Suspension of Liquidation''
section of this notice.
Case History
Since the publication of our affirmative preliminary determination
on May 27, 1994 (58 FR 27532), the following events have occurred.
On May 27, 1994, we issued a deficiency letter to Oxidaciones
Organicas, C.A. (Oxidor), respondent in this investigation, regarding
its response to Section D of the antidumping questionnaire. (Section D
requests information on cost of production and constructed value.)
On June 6, 1994, Oxidor informed the Department that it would no
longer be participating in the investigation due to the cost and time
required to fully respond to the supplemental cost questionnaire and
participate in the verification.
Scope of Investigation
The product covered by this investigation is PA, an aromatic
synthetic organic chemical usually produced from a primary
petrochemical called orthoxylene, although it is sometimes produced
from naphthalene. PA is predominately used in the production of
plasticizers, unsaturated polyester resins, and alkyd resins, which in
turn are generally used to produce plastics and paints. This
investigation covers PA sold in either flaked or molten form.
PA is classifiable under subheading 2917.35.00 of the Harmonized
Tariff Schedule of the United States (HTSUS). The HTSUS subheading is
provided for convenience and customs purposes. Our written description
of the scope of this investigation is dispositive.
Period of Investigation
The period of investigation is May 1, 1993, to October 31, 1993.
Best Information Available
As noted in the ``Case History'' section of this notice, Oxidor
informed the Department that it would not reply to the Department's
Section D deficiency letter and that it would not participate in
verification. Section 776(c) of the Act provides that whenever a party
refuses or is unable to produce information requested in a timely
manner and in the form required, or otherwise significantly impedes an
investigation, the Department shall use the best information otherwise
available (BIA). We have done so in this investigation.
In assigning BIA, the Department applies a two-tiered methodology
based on the degree of a respondent's cooperation. Under this
methodology, the Department imposes the most adverse rate upon those
respondents who refuse to cooperate or otherwise significantly impede
the proceeding. See Final Determination: Antifriction Bearings (other
than Tapered Roller Bearings) and Parts thereof from the Federal
Republic of Germany, 54 FR 18992, 19033 (1989). The Department's two-
tiered methodology for assigning BIA has been upheld by the U.S. Court
of Appeals for the Federal Circuit. (See Allied-Signal v. U.S., 996
F.2d 1185 (Fed. Cir. 1993) (CAFC) (June 22, 1993); see also Krupp Stahl
AG et al. v. U.S., 822 F. Supp. 789 (CIT 1993).)
Because Oxidor refused to reply to the Department's deficiency
questionnaire and refused verification, we find it has been
uncooperative in this investigation. As BIA for Oxidor, we are
assigning the highest margin alleged in the petition because that
margin is higher than the only calculated rate in this investigation.
The highest margin in the petition is 52.00 percent. (See Initiation of
Antidumping Duty Investigations: Phthalic Anhydride from Brazil,
Hungary, Israel, Mexico and Venezuela (58 FR 60847, November 18, 1993),
for a description of the United States price and foreign market value
used to calculate the above-mentioned margin.)
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, we are directing
the Customs Service to continue to suspend liquidation of all entries
of PA from Venezuela, as defined in the ``Scope of Investigation''
section of this notice, that are entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this notice in
the Federal Register. The Customs Service shall require a cash deposit
or posting of a bond equal to the margins below on all entries of PA
from Venezuela. The suspension of liquidation will remain in effect
until further notice. The estimated dumping margins are as follows:
------------------------------------------------------------------------
Margin
Manufacturer/producer/exporter percent
------------------------------------------------------------------------
Oxidaciones Organicas, C.A.................................... 52.00
All Others.................................................... 52.00
------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. As our final
determination is affirmative, the ITC will determine whether these
imports are materially injuring, or threaten material injury to, the
U.S. industry within 45 days.
If the ITC determines that material injury or threat of material
injury does not exist, the proceeding will be terminated and all
securities posted as a result of the suspension of liquidation will be
refunded or cancelled. However, if the ITC determines that such injury
does exist, we will issue an antidumping duty order directing Customs
officers to assess antidumping duties on PA from Venezuela entered or
withdrawn from warehouse, for consumption on or after the date of
suspension of liquidation.
Notification to Interested Parties
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility covering
the return or destruction of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Failure to comply is a
violation of the APO.
This determination is published pursuant to section 735(d) of the
Act (19 U.S.C. 1673d(d)), and 19 CFR 353.20(a)(4).
Dated: August 3, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-19540 Filed 8-9-94; 8:45 am]
BILLING CODE 3510-DS-P
