[Federal Register: August 5, 1999 (Volume 64, Number 150)] [Notices] [Page 42655-42656] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05au99-53] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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