Notice of Amended Final Antidumping Duty Determination and Order: Furfuryl Alcohol From South Africa.

Federal RegisterJun 21, 1995

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DEPARTMENT OF COMMERCE

[A-791-802]

Notice of Amended Final Antidumping Duty Determination and Order:

Furfuryl Alcohol From South Africa.

AGENCY: Import Administration, International Trade Administration, U.S.

Department of Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

EFFECTIVE DATE: June 21, 1995.

FOR FURTHER INFORMATION CONTACT: John Brinkmann or Donna Berg, Office

of Antidumping Investigations, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-

5288 or (202) 482-0114, respectively.

Amended Final Determination

We presented counsel for the respondent, Illovo Sugar Limited, and

counsel for the petitioner, QO Chemicals, with the calculations and

disclosure materials concerning the final determination on May 4, and

8, 1995, respectively.

The respondent and the petitioner filed timely submissions alleging

ministerial errors in the Department of Commerce's (Department) final

determination calculations. On May 5, [[Page 32303]] 1995, the

respondent alleged that the Department made an inadvertent spreadsheet

error which resulted in the revised figures for certain ESP

observations being moved to the wrong columns. On May 15, 1995, the

petitioner alleged that we departed from our established practice and,

for certain U.S. observations, applied a daily exchange rate instead of

the quarterly rate to convert South African Rand to U.S. dollars. (For

specific details of these allegations and our analysis thereof, see

Memorandum from Gary Taverman to Barbara R. Stafford dated May 25,

1995).

We have reviewed the respondent's allegation and agree that we

erred in moving the revised figures for certain variables to the

adjacent spreadsheet columns. In accordance with 19 CFR 353.28, we have

corrected the calculations for the final determination.

With respect to the petitioner's allegation, however, we disagree

that our reliance on the daily exchange rate constitutes a departure

from our established practice. It is the Department's practice to make

currency conversions at the Federal Reserve certified quarterly

exchange rate except where the daily exchange rate varies by five

percent or more from the quarterly rate.

Inasmuch as the variance between the daily and quarterly rates

equaled five percent, we followed our established practice and used the

daily rate in the final determination. Accordingly, we determined that

petitioner's allegation does not constitute a ministerial error.

Pursuant to 19 CFR 353.28, we have corrected the final dumping

margins. The final dumping margin for Illovo Sugar Limited and ``All

Others'' has been amended from 15.48 to 11.55 percent.

Scope of Order

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.

Antidumping Duty Order

On June 14, 1995, in accordance with section 735(d) of the Act, the

U.S. International Trade Commission (ITC) notified the Department that

imports of furfuryl alcohol from South Africa materially injure a U.S.

industry. Therefore, in accordance with section 736 of the Act, the

Department will direct United States Customs officers to assess, upon

further advice by the administering authority pursuant to section

736(a)(1) of the Act, antidumping duties equal to the amount by which

the foreign market value of the merchandise exceeds the United States

price for all entries of furfuryl alcohol from South Africa. These

antidumping duties will be assessed on all unliquidated entries of

furfuryl alcohol from South Africa entered, or withdrawn from

warehouse, for consumption on or after December 16, 1994, the date on

which the Department published its preliminary determination notice in

the Federal Register (59 FR 65012).

On or after the date of publication of this notice in the Federal

Register, U.S. Customs officers must require, at the same time as

importers would normally deposit estimated duties, the following cash

deposits for the subject merchandise:

------------------------------------------------------------------------

Weighted-

average

Manufacturer/producer/exporter margin

percentage

------------------------------------------------------------------------

Illovo Sugar Company........................................ 11.55

All others.................................................. 11.55

------------------------------------------------------------------------

This notice constitutes the antidumping duty order with respect to

furfuryl alcohol from South Africa, pursuant to section 736(a) of the

Act. Interested parties may contact the 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 353.21.

Dated: June 14, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-15221 Filed 6-20-95; 8:45 am]

BILLING CODE 3510-DS-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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