[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Notices]
[Page 70404-70406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-47]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-815]
Sulfanilic Acid From the People's Republic of China; Final
Results and Partial Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 22, 2002.
SUMMARY: On May 10, 2002, the Department of Commerce (the Department)
published the preliminary results of the antidumping administrative
review of sulfanilic acid from the People's Republic of China. See
Notice of Preliminary Results and Preliminary Partial Rescission of
Antidumping Duty Administrative Review of Sulfanilic Acid: Sulfanilic
Acid from the People's Republic of China, 67 FR 31770 (May 10, 2002)
(Preliminary Results).
Based on our analysis of comments received, we have made changes to
the margin calculations. Therefore, the final results differ from the
preliminary results. The final weighted-average dumping margin for
Zhenxing Chemical Industry Company (Zhenxing) (also known as Baoding
Mancheng Zhenxing Chemical Plant) is listed below in the section
entitled ``Final Results of Review.''
We are rescinding the review with respect to Xinyu Chemical Plant
(Xinyu) (formerly known as Yude Chemical Industry Company) as explained
below in the ``Final Rescission'' section of this notice because Xinyu
did not export the subject merchandise to the United States during the
period of review (POR).
FOR FURTHER INFORMATION CONTACT: Sean Carey or Holly Hawkins, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue N.W., Washington, D.C.
20230 at (202) 482-3964 or (202) 482-0414, respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
All citations to the statute are references to the Tariff Act of
1930 (the Act), as amended. In addition, unless otherwise indicated,
all citations to the Department's regulations are to 19 CFR part 351
(2002).
Background
Since the Preliminary Results, the following events have occurred.
Petitioner, Nation Ford Chemical Company (NFC), timely submitted
publicly available information regarding the valuation of factors of
production on May 30, 2002, in accordance with section
351.301(c)(3)(ii) of the Department's regulations. In accordance with
section 351.301(c)(1), respondents submitted timely factual information
on June 10, 2002 in response to the factual information submitted by
petitioner on May 30, 2002.
On June 10, 2002, petitioner and respondents submitted case briefs,
and respondents made a timely request for a public hearing. Petitioner
and respondents submitted rebuttal briefs on June 19, 2002 after the
Department granted an extension for the filing of rebuttal briefs in
response to a request from respondents. On August 29, 2002, we extended
the deadline for the final results of this review. See Extension of
Time Limit for Final Results of Antidumping Duty Administrative Review;
Sulfanilic Acid from the People's Republic of China, 67 FR 57220
(September 9, 2002). Respondents withdrew their request for a public
hearing on October 8, 2002.
Final Rescission
In the Preliminary Results, the Department noted that a query of
U.S. Customs Service data on entries of sulfanilic acid from the
People's
[[Page 70405]]
Republic of China made during the POR confirmed that Xinyu made no
entries during the POR. Although in a prior decision we had found that
Xinyu and Zhenxing should be treated as a single entity (see Notice of
Amendment of Final Results of Antidumping Duty Administrative Review;
Sulfanilic Acid from the People's Republic of China, 65 FR 18300, April
7, 2000), our analysis in this review has revealed no evidence that
Xinyu and Zhenxing should be treated as a single entity. No new
information has been presented since the Preliminary Results to warrant
reconsideration of our determination to rescind. Therefore, we are
rescinding the review with respect to Xinyu.
Scope of the Antidumping Duty Order
Imports covered by this antidumping duty order are all grades of
sulfanilic acid, which include technical (or crude) sulfanilic acid,
refined (or purified) sulfanilic acid and sodium salt of sulfanilic
acid.
Sulfanilic acid is a synthetic organic chemical produced from the
direct sulfonation of aniline with sulfuric acid. Sulfanilic acid is
used as a raw material in the production of optical brighteners, food
colors, specialty dyes, and concrete additives. The principal
differences between the grades are the undesirable quantities of
residual aniline and alkali insoluble materials present in the
sulfanilic acid. All grades are available as dry, free flowing powders.
Technical sulfanilic acid, classifiable under the subheading
2921.42.22 of the Harmonized Tariff Schedule (HTS), contains 96 percent
minimum sulfanilic acid, 1.0 percent maximum aniline, and 1.0 percent
maximum alkali insoluble materials. Refined sulfanilic acid, also
classifiable under the subheading 2921.42.22 of the HTS, contains 98
percent minimum sulfanilic acid, 0.5 percent maximum aniline and 0.25
percent maximum alkali insoluble materials.
Sodium salt (sodium sulfanilate), classifiable under the HTS
subheading 2921.42.90, is a powder, granular or crystalline material
which contains 75 percent minimum equivalent sulfanilic acid, 0.5
percent maximum aniline based on the equivalent sulfanilic acid
content, and 0.25 percent maximum alkali insoluble materials based on
the equivalent sulfanilic acid content.
Although the HTS subheadings are provided for convenience and
customs purposes, our written description of the scope of this
proceeding is dispositive.
Analysis of the Comments Received
All issues raised in the briefs filed by parties to this
administrative review are addressed in the Memorandum from Joseph A.
Spetrini, Deputy Assistant Secretary for AD/CVD Enforcement Group III,
to Faryar Shirzad, Assistant Secretary for Import Administration:
Issues and Decision Memorandum for the Final Results of the
Administrative Review of Sulfanilic Acid from the People's Republic of
China, dated November 15, 2002 (Decision Memo), which is hereby adopted
by this notice.
A list of the issues which parties have raised and to which we have
responded, all of which are in the Decision Memo, is attached to this
notice as an Appendix. Parties can find a complete discussion of all
issues raised in this review and the corresponding recommendations in
this public memorandum, which is on file in the Central Records Unit,
room B-099 of the main Commerce Building. In addition, a complete
version of the Decision Memo can be accessed directly on the internet
at http://ia.ita.doc.gov. The paper copy and electronic version of the
Decision Memo are identical in content.
Separate Rates
In the Preliminary Results, we found that Zhenxing met the
requirements for receiving a separate rate. No new information or
evidence of changed circumstances has been presented since then to
warrant reconsideration of this finding. Accordingly, Zhenxing has been
assigned a separate rate, the rate listed below under the section
``Final Results of Review,'' for purposes of these final results.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made certain
changes in the margin calculations. A complete discussion of the
changes made to these calculations can be found in the ``Memorandum to
the File from Sean Carey, Trade Analyst, through Dana Mermelstein,
Program Manager, AD/CVD Enforcement, Office 7: Analysis for the Final
Results of the 2000/2001 Administrative Review of Sulfanilic Acid from
the People's Republic of China,'' dated November 15, 2002.
Final Results of Review
We determine the weighted-average dumping margin for Zhenxing for
the periodAugust 1, 2000 through July 31, 2001 to be 64.22 percent.
Assessment Rates
The Department shall determine, and the U.S. Customs Service shall
assess, antidumping duties on all appropriate entries. Since the
reported sales are CEP sales through a single affiliated importer, we
will direct Customs to assess the rate that was calculated using the
aggregate value of the calculated antidumping duties divided by the
aggregate entered customs value of the subject merchandise from
Zhenxing during the POR.
Cash Deposit Requirements
The deposit requirement, at the rate noted above under ``Final
Results of Review,'' will be effective for all shipments of subject
merchandise by Zhenxing entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice, as
provided by section 751(a)(2)(C) of the Act.
For all other companies, the following rates are in effect and
remain unaffected by the results of this administrative review: (1) for
previously-reviewed PRC and non-PRC exporters with separate rates, the
cash deposit rate will be the company-specific rate established for the
most recent period; (2) for all other PRC exporters, the rate will be
the current PRC-wide ad valorem rate, which is 85.20 percent; and (3)
for all other non-PRC exporters of subject merchandise from the PRC,
the cash deposit rate will be the rate applicable to the PRC supplier
of that exporter.
Notification to Parties
This notice serves as a final reminder to importers of their
responsibility under section 351.402(f)(2) of the Department's
regulations to file a certificate regarding the reimbursement of
antidumping duties prior to liquidation of the relevant entries during
this review period. Failure to comply with this requirement could
result in the Secretary's presumption that reimbursement of antidumping
duties occurred and the subsequent assessment of double antidumping
duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with section 351.305(a)(3) of the Department's
regulations. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
This administrative review and notice are in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act.
[[Page 70406]]
Dated: November 15, 2002.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
APPENDIX
List of Issues
1. Use of New Surrogate Value Information for Aniline and Sulfuric Acid
2. Supplementing or Adjusting New Surrogate Value Information for
Aniline and Sulfuric Acid
[FR Doc. 02-29789 Filed 11-21-02; 8:45 am]