Aluminum Sulfate From Venezuela, Revocation of the Antidumping and Countervailing Duty Orders

DEPARTMENT OF COMMERCE

International Trade Administration

[A-307-801; C-307-802]

Aluminum Sulfate From Venezuela, Revocation of the Antidumping

and Countervailing Duty Orders

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of revocation of antidumping and countervailing duty

orders.

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SUMMARY: The Department of Commerce (the Department) is notifying the

public of its revocation of the antidumping and countervailing duty

orders on aluminum sulfate from Venezuela because the orders are no

longer of any interest to domestic interested parties.

EFFECTIVE DATE: October 3, 1995.

FOR FURTHER INFORMATION CONTACT: Matthew Rosenbaum or Michael Panfeld,

Office of Antidumping Compliance (telephone: (202) 482-0198), or Brian

Albright, Office of Countervailing Compliance (telephone: (202) 482-

2786), Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street & Constitution Avenue, N.W.,

Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

The Department may revoke an antidumping or countervailing duty

order if the Secretary concludes that the order is no longer of

interest to domestic

[[Page 51776]]

interested parties. We conclude that there is no interest in an

antidumping or countervailing duty order when no interested party has

requested an administrative review for five consecutive review periods

and no domestic interested party objects to revocation (19 CFR

Sec. 353.25(d)(4)(iii) and 355.25(d)(4)(iii)).

On November 25, 1994, the Department published in the Federal

Register (59 FR 60604 & 60608) its notices of intent to revoke the

antidumping duty order (December 15, 1989) and the countervailing duty

order (December 19, 1989) on aluminum sulfate from Venezuela.

Additionally, as required by 19 CFR Sec. 353.25(d)(4)(ii) and

355.25(d)(4)(ii), the Department served written notice of its intent to

revoke these orders on each domestic interested party on the service

list. Domestic interested parties who might object to the revocation

were provided the opportunity to submit their comments not later than

the last day of the anniversary month.

In these cases, we received no requests for review for five

consecutive review periods. Furthermore, as discussed below, no

domestic interested party, as defined under Sec. 353.2(k)(3), (k)(4),

(k)(5), or (k)(6) and 355.2(i)(3), (i)(4), (i)(5), or (i)(6) of the

Department's regulations, has expressed opposition to revocation.

Section 771(4)(A) of the Act defines ``industry'' generally as domestic

producers of the like product. Likewise, the regulations define

domestic interested parties as producers of the like product in the

United States (i.e., the industry), as well as U.S. sellers (non-

retail) of the industry's products and the industry's unions and

associations. 19 C.F.R. Secs. 353.2(k)(3), (4), (5) and (6);

355.2(i)(3), (4), (5) and (6).

Section 771(4)(C) of the Act further provides that ``[i]n

appropriate circumstances, the United States, for a particular product

market, may be divided into two or more markets and the producers

within each market may be treated as if they were a separate industry.*

* *'' (Emphasis added). In such regional industry cases, the

International Trade Commission (ITC) may find injury to the regional

industry, even if the domestic industry as a whole is not injured. Id.

In accordance with section 771(4)(C), the orders on aluminum sulfate

from Venezuela were issued on the basis of the ITC's determinations

that producers in Puerto Rico constituted a separate, regional

industry, and that the regional industry was injured by dumped and

subsidized imports.

Because the regulatory definition of domestic interested parties is

drawn from the statutory definition of the industry, it follows that,

in a regional industry case, domestic interested parties are the

producers of the like product that are located in the region (i.e., the

industry), as well as the U.S. sellers, unions and associations for

that regional industry. This definition of domestic interested parties

accurately defines those who are part of the industry found to have

been injured and who, therefore, may have an interest in whether the

orders are revoked. Accordingly, for purposes of evaluating objections

to revocation of these orders, domestic interested parties are defined

as producers or sellers of the like product located in Puerto Rico, as

well as the unions and associations for that regional industry.

On December 29, 1994, General Chemical Corporation, a U.S. producer

of aluminum sulfate, objected to revocation of the orders. However,

because General Chemical Corporation does not produce the like product

in Puerto Rico, it does not fall within the definition of domestic

interested parties with standing to object to revocation of these

orders. Based on these facts, we have concluded that the antidumping

and countervailing duty orders on aluminum sulfate from Venezuela are

no longer of any interest to domestic interested parties. Accordingly,

we are revoking these orders in accordance with 19 CFR

Sec. 353.25(d)(4)(iii) and 355.25(d)(4)(iii).

Scope of the Order

Imports covered by the revocation are shipments of aluminum sulfate

from Venezuela. This merchandise is currently classifiable under

Harmonized Tariff Schedules (HTS) item number 2833.22.00. The HTS

number is provided for convenience and customs purposes. The written

description remains dispositive.

Revocation of the antidumping duty order applies to all

unliquidated entries of aluminum sulfate from Venezuela entered, or

withdrawn from warehouse, for consumption on or after December 1, 1994.

Entries made during the period December 1, 1993 through November 30,

1994, will be subject to automatic assessment in accordance with 19 CFR

353.22(e). The Department will instruct the Customs Service to proceed

with liquidation of all unliquidated entries of this merchandise

entered, or withdrawn from warehouse, for consumption on or after

December 1, 1994, without regard to antidumping duties, and to refund

any estimated antidumping duties collected with respect to those

entries.

Revocation of the countervailing duty order applies to all

unliquidated entries of aluminum sulfate from Venezuela entered, or

withdrawn from warehouse, for consumption on or after January 1, 1995.

Entries made during the period January 1, 1994, through December 31,

1994, will be subject to automatic assessment in accordance with 19 CFR

355.22(g). The Department will instruct the Customs Service to proceed

with liquidation of all unliquidated entries of this merchandise

entered, or withdrawn from warehouse, for consumption on or after

January 1, 1995, without regard to countervailing duties, and to refund

any estimated countervailing duties collected with respect to those

entries.

This notice is in accordance with 19 CFR 353.25(d) and 355.25(d).

Dated: September 26, 1995.

Joseph A. Spetrini,

Deputy Assistant Secretary for Compliance.

[FR Doc. 95-24602 Filed 10-2-95; 8:45 am]

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