[Federal Register: July 12, 1999 (Volume 64, Number 132)] [Notices] [Page 37500-37501] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12jy99-34] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-791-802] Furfuryl Alcohol From the Republic of South Africa; Final Results of Antidumping Duty Administrative Review and Revocation of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of final results of antidumping duty administrative review and revocation of antidumping duty order. ----------------------------------------------------------------------- SUMMARY: On March 8, 1999, the Department of Commerce published the preliminary results of its administrative review of the antidumping duty order on furfuryl alcohol from the Republic of South Africa and intent to revoke in part. This review covers one manufacturer/exporter and the period June 1, 1997-May 31, 1998. We have analyzed comments submitted regarding the preliminary results. EFFECTIVE DATE: July 12, 1999. FOR FURTHER INFORMATION CONTACT: Charles Riggle or Kris Campbell, AD/ CVD Enforcement Group I, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, Washington, DC 20230; telephone: (202) 482-0650 or 482-3813, respectively. SUPPLEMENTARY INFORMATION: The Applicable Statute and Regulations Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Act), are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Department of Commerce's (the Department's) regulations are to the regulations codified at 19 CFR Part 351 (1998). Background On March 8, 1999, we published the preliminary results of this review and intent to revoke in part. See Furfuryl Alcohol from the Republic of South Africa; Preliminary Results of Antidumping Duty Administrative Review and Intent To Revoke Order in Part, 64 FR 10983. We gave interested parties an opportunity to comment on our preliminary results. On April 7, 1999, respondent Illovo Sugar Limited [[Page 37501]] (ISL) and its related U.S. selling agent, Harborchem, filed a case brief and requested a hearing. We received no comments from any other party. On April 21, 1999, representatives for ISL met with Department officials in lieu of a hearing to discuss the preliminary results. See Memorandum from Case Analyst to the File, April 22, 1999. Scope of Review The merchandise covered by this order is furfuryl alcohol (C4H3OCH2OH). Furfuryl alcohol is a primary alcohol and is colorless or pale yellow in appearance. It is used in the manufacture of resins and as a wetting agent and solvent for coating resins, nitrocellulose, cellulose acetate, and other soluble dyes. The product subject to this order is classifiable under subheading 2932.13.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. Revocation of the Order In the preliminary results, we indicated our intent to revoke the antidumping duty order in part, with respect to merchandise produced and exported by ISL, noting that record evidence indicated that a South African company unrelated to ISL has exported the subject merchandise to the United States under the order. On April 7, 1999, ISL filed a case brief in which the company argued that the Department should revoke the order in full because there has been no dumping of furfuryl alcohol by any South African producer or exporter for three consecutive reviews, and because the petitioner no longer has an interest in the order. Based on a review of the relevant record evidence, including the facts pertaining to the shipments exported by the unrelated exporter, we have determined to revoke the order in full for the following reasons: (1) ISL has sold the subject merchandise at not less than normal value (NV) for three consecutive review periods, including this review; (2) there is no evidence to indicate that ISL or other persons are likely to sell the subject merchandise at less than NV in the future; and (3) the exports in question, which occurred over two years ago, represent isolated shipments of insignificant quantities of subject merchandise. We also note that there were no comments filed by any other party on this issue, with respect to either our preliminary results or ISL's case brief.1 Accordingly, we determine that a full revocation of the order is warranted under 19 CFR 351.222(b)(1) and section 751(d)(1) of the Act. --------------------------------------------------------------------------- \1\ Although aware of our preliminary decision to revoke in part and of the possibility of a revocation of the order in full, the petitioner did not participate in this review. See Memorandum to the File from Richard Moreland dated May 21, 1999. --------------------------------------------------------------------------- Final Results of Review As a result of this review, we determine that the following margin exists for the period June 1, 1997-May 31, 1998: ------------------------------------------------------------------------ Margin Manufacturer/exporter (percent) ------------------------------------------------------------------------ Illovo Sugar Ltd........................................... 0.00 ------------------------------------------------------------------------ We determine that ISL has met the requirements for revocation set forth in section 351.222(b) of our regulations. This revocation applies to all entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after June 1, 1998. The Department will order the suspension of liquidation ended for all such entries and will instruct the Customs Service to release any cash deposits or bonds. The Department will further instruct Customs to refund with interest any cash deposits on entries made after May 31, 1998. This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 6, 1999. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 99-17647 Filed 7-9-99; 8:45 am] BILLING CODE 3510-DS-P