[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]
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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.
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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.
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\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.
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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:
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Margin
Manufacturer/exporter (percent)
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Illovo Sugar Ltd........................................... 0.00
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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