[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Notices]
[Pages 42655-42656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20215]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-002]
Continuation of Antidumping Duty Order: Chloropicrin From the
People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
ACTION: Notice of continuation of antidumping duty order: chloropicrin
from the People's Republic of China.
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SUMMARY: On March 9, 1999, the Department of Commerce (``the
Department''), pursuant to sections 751(c) and 752 of the Tariff Act
from 1930, as amended (``the Act''), determined that revocation of the
antidumping duty order on chloropicrin from the People's Republic of
China would be likely to lead to continuation or recurrence of dumping
(64 FR 11440 (March 9, 1999)). On April 7, 1999, the International
Trade Commission (``the Commission''), pursuant to section 751(c) of
the Act, determined that revocation of the antidumping duty order on
chloropicrin from the People's Republic of China would be likely to
lead to continuation or recurrence of material injury to an industry in
the United States within a reasonably foreseeable time (64 FR 16998
(April 7, 1999)). Therefore, pursuant to 19 CFR 351.218(e)(4), the
Department is publishing notice of the continuation of the antidumping
duty order on chloropicrin from the People's Republic of China.
FOR FURTHER INFORMATION CONTACT: Scott E. Smith or Melissa G. Skinner,
Office of Policy for Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th and Constitution
Ave., NW, Washington, DC 20230; telephone: (202) 482-6397 or (202) 482-
1560, respectively.
EFFECTIVE DATE: April 14, 1999.
Background
On November 2, 1998, the Department initiated, and the Commission
instituted, a sunset review (63 FR 58709 and 63 FR 58761, respectively)
of the antidumping duty order on chloropicrin from the People's
Republic of China pursuant to section 751(c) of the Act. As a result of
this review, the Department found that revocation of the antidumping
duty order would likely lead to continuation or recurrence of dumping
and notified the Commission of the magnitude of the margin likely to
prevail were the order to be revoked (see Final Results of Expedited
Sunset Review: Chloropicrin from the People's Republic of China, 64 FR
11440 (March 9, 1999)).
On April 7, 1999, the Commission determined, pursuant to section
751(c) of the Act, that revocation of the antidumping duty order on
chloropicrin from the People's Republic of China would be likely to
lead to continuation or recurrence of material injury to an industry in
the United States within a reasonably foreseeable time (see
Chloropicrin from the People's Republic of China, 64 FR 16998 (April 7,
1999), and USITC Pub. 3175, Inv. No. 731-TA-130 (Review) (April 1999)).
Scope
The merchandise covered by this antidumping duty order is
chloropicrin, also known as trichloronitromethane from the People's
Republic of China. A major use of the product is as a pre-plant soil
fumigant. Chloropicrin is currently classifiable under Harmonized
Tariff Schedule (HTS) item number 2904.90.50. The HTS item number is
provided for convenience and customs purposes. The written product
description remains dispositive.
Determination
As a result of the determinations by the Department and the
Commission that revocation of this antidumping duty order would be
likely to lead to continuation or recurrence of dumping and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, the Department hereby orders the continuation of
the antidumping duty order on chloropicrin from the People's Republic
of China. The Department will instruct the U.S. Customs Service to
continue to collect antidumping duty deposits at the rate in effect at
the time of entry for all imports of subject merchandise. Pursuant to
section 751(c)(6)(A)(iii) of the Act, any subsequent five-year review
of this order will be initiated not later than the fifth anniversary of
the effective date of continuation of this order.
Normally, the effective date of continuation of a finding, order,
or suspension agreement will be the date of publication in the Federal
Register of the Notice of Continuation. As provided in 19 CFR
351.218(e)(4), the Department normally will issue its determination to
continue a finding, order, or suspended investigation not later than
seven days after the date of publication in the Federal Register of the
Commission's determination concluding the sunset review and immediately
thereafter will publish its notice of continuation in the Federal
Register. In the instant case,
[[Page 42656]]
however, the Department's publication of the Notice of Continuation was
delayed. The Department has explicitly indicated that the effective
date of continuation of this order is April 14, 1999, seven days after
the date of publication in the Federal Register of the Commission's
determination. As a result, pursuant to sections 751(c)(2) and
751(c)(6)(A) of the Act, the Department intends to initiate the next
five-year review of this order not later than March 2004.
Dated: July 30, 1999.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-20215 Filed 8-4-99; 8:45 am]
BILLING CODE 3510-DS-P
