[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47766-47767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22793]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-825]
Continuation of Antidumping Duty Order: Sebacic Acid From the
People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of continuation of antidumping duty order: Sebacic acid
from the People's Republic of China.
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SUMMARY: On April 7, 1999, the Department of Commerce (``the
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of
1930, as amended (``the Act''), determined that revocation of the
antidumping duty order on sebacic acid from the People's Republic of
China would likely to lead to continuation or recurrence of dumping (64
FR 16910 (April 7, 1999)). On May 19, 1999, the International Trade
Commission (``the Commission''), pursuant to section 751(c) of the Act,
determined that revocation of the antidumping duty order on sebacic
acid from the People's Republic of China would likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time (64 FR 27297 (May
19, 1999)). Therefore, pursuant to 19 CFR 351.218(f)(4), the Department
is publishing notice of the continuation of the antidumping duty order
on sebacic acid 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: May 26, 1999.
Background
On December 2, 1998, the Department initiated, and the Commission
instituted, a sunset review (63 FR 66527 and 63 FR 66567, respectively)
of the antidumping duty order on sebacic acid 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: Sebacic Acid from the People's Republic of China, 64 FR
16910 (April 7, 1999)).
On May 19, 1999, the Commission determined, pursuant to section
751(c) of the Act, that revocation of the antidumping duty order on
sebacic acid from the People's Republic of China would likely to lead
to continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time (see Sebacic acid
from the People's Republic of China, 64 FR 27297 (May 19, 1999) and
USITC Pub. 3189, Inv. No. 731-TA-653 (Review) (May 1999)).
Scope
The merchandise covered by this antidumping duty order is all
grades of sebacic acid, a dicarboxylic acid with the formula
(CH2)8(COOH)2, which include but are not limited to CP Grade (500ppm
maximum ash, 25 maximum APHA color), Purified Grade (1000ppm maximum
ash, 50 maximum APHA color), and Nylon Grade (500ppm maximum ash, 70
maximum ICV color), from the People's Republic of China. The principal
difference between the grades is the quantity of ash and color. Sebacic
acid contains a minimum of 85
[[Page 47767]]
percent dibasic acids of which the predominant species is the C10
dibasic acid. Sebacic acid is sold generally as a free-flowing powder/
flake. Sebacic acid has numerous industrial uses, including the
production of nylon 6/10 (a polymer used for paintbrush and toothbrush
bristles and paper machine felts), plasticizers, esters, automotive
coolants, polyamides, polyester castings and films, inks and adhesives,
lubricants, and polyurethane castings and coatings. Sebacic acid is
currently classifiable under subheading 2917.13.00.00 of the Harmonized
Tariff Schedule (HTS). The HTS subheading/ item number is provided for
convenience and customs purposes. The written product description of
the scope of this proceeding remains dispositive.
Determination
As a result of the determinations by the Department and the
Commission that revocation of this antidumping duty order would 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 sebacic acid 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(f)(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, 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 May
26, 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
April 2004.
Dated: August 26, 1999.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-22793 Filed 8-31-99; 8:45 am]
BILLING CODE 3510-DS-P
