[Federal Register: August 6, 2004 (Volume 69, Number 151)]
[Notices]
[Page 47911-47912]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au04-50]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-887]
Notice of Antidumping Duty Order: Tetrahydrofurfuryl Alcohol From
The People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to section 736(a) of the Tariff Act of 1930, as
amended, the Department of Commerce (``the Department'') is issuing an
antidumping duty order on Tetrahydrofurfuryl Alcohol from The People's
Republic of China.
EFFECTIVE DATE: August 6, 2004.
FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-3207.
Scope of Order
The product covered by this order is tetrahydrofurfuryl alcohol
(C5H10O2) (``THFA''). THFA, a primary
alcohol, is a clear, water white to pale yellow liquid. THFA is a
member of the heterocyclic compounds known as furans and is miscible
with water and soluble in many common organic solvents. THFA is
currently classifiable in the Harmonized Tariff Schedules of the United
States (``HTSUS'') under subheading 2932.13.00.00. Although the HTS
subheadings are provided for convenience and for customs purposes, the
Department's written description of the merchandise subject to the
order is dispositive.
Background
In accordance with section 735(a) of the Act, the Department made
its final determination that THFA from the People's Republic of China
(``PRC'') is being sold at less than fair value. See Notice of Final
Determination of Sales at Less Than Fair Value: Tetrahydrofurfuryl
Alcohol From The People's Republic of China, 69 FR 34130 (June 18,
2004).
[[Page 47912]]
Antidumping Duty Order
On July 29, 2004, in accordance with section 735(d) of the Act, the
International Trade Commission (``the Commission'') notified the
Department of its final determination pursuant to section
735(b)(1)(A)(i) of the Act that an industry in the United States is
materially injured by reason of less-than-fair-value imports of subject
merchandise from the PRC. Therefore, in accordance with section
736(a)(1) of the Act, the Department will direct U.S. Customs and
Border Protection (``CBP'') to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price of the merchandise
for all relevant entries of THFA from the PRC. These antidumping duties
will be assessed on all unliquidated entries of THFA from the PRC
entered, or withdrawn from the warehouse, for consumption on or after
January 27, 2004, the date on which the Department published its Notice
of Preliminary Determination of Sales at Less Than Fair Value:
Tetrahydrofurfuryl Alcohol From The People's Republic of China, 69 FR
3887 (January 27, 2004).
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of THFA, we extended the four-month period to no more than
six months. See Notice of Postponement of Final Determination of
Antidumping Duty Investigation: Tetrahydrofurfuryl Alcohol From The
People's Republic of China, 69 FR 12127 (March 15, 2004). In this
investigation, the six-month period beginning on the date of the
publication of the preliminary determination ends on July 27, 2004.
Furthermore, section 737 of the Act states that definitive duties are
to begin on the date of publication of the ITC's final injury
determination. Therefore, in accordance with section 733(d) of the Act
and our practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of THFA from the PRC entered, or withdrawn from
warehouse, for consumption on or after July 27, 2004, and before the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation will continue on or after
this date.
On or after the date of publication of the Commission's notice of
final determination in the Federal Register, CBP will require, at the
same time as importers would normally deposit estimated duties on this
merchandise, a cash deposit equal to the estimated weighted-average
antidumping duty margins as listed below. The ``PRC-wide'' rate applies
to all exporters of subject merchandise not specifically listed. The
weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Qingdao Wenkem (F.T.Z.) Trading Co., Ltd.................... 136.86
PRC-Wide.................................................... 136.86
------------------------------------------------------------------------
This notice constitutes the antidumping duty order with respect to
THFA from the PRC pursuant to section 735(a) of the Act. Interested
parties may contact the Department's Central Records Unit, Room B-099
of the main Commerce building, for copies of an updated list of
antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211.
Dated: August 2, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-18041 Filed 8-5-04; 8:45 am]