Notice of Antidumping Order: Coumarin From the People's Republic of China

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-830]

Notice of Antidumping Order: Coumarin From the People's Republic

of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: February 9, 1995.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Louis Apple,

Office of Antidumping Investigations, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W., Washington, D.C. 20230;

telephone: (202) 482-4136 or (202) 482-1769, respectively.

Scope of Order

The product covered by this order is coumarin. Coumarin is an aroma

chemical with the chemical formula C9H6O2 that is also

known by other names, including 2H-1-benzopyran-2-one, 1,2-benzopyrone,

cis-o-coumaric acid lactone, coumarinic anhydride, 2-Oxo-1,2-

benzopyran, 5,6-benzo-alpha-pyrone, ortho-hydroxyc innamic acid

lactone, cis-ortho-coumaric acid anhydride, and tonka bean camphor.

All forms and variations of coumarin are included within the scope

of the order, such as coumarin in crystal, flake, or powder form, and

``crude'' or unrefined coumarin (i.e. prior to purification or

crystallization). Excluded from the scope of this order are

ethylcoumarins (C11H10O2) and methylcoumarins

(C10H8O2). Coumarin is classifiable under subheading

2932.21.0000 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

investigation is dispositive.

Antidumping Duty Order

In accordance with sections 735(a) of the Tariff Act of 1930, as

amended (``the Act''), the Department of Commerce (``the Department'')

made its final determination that coumarin from the People's Republic

of China (``PRC'') is being sold at less than fair value (59 FR 66895,

December 28, 1994). On February 1, 1995, the International Trade

Commission (ITC) 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 imports of the subject

merchandise from the PRC.

In addition, three ITC Commissioners found that critical

circumstances exist with regard to such products, and three

Commissioners found that critical circumstances do not exist with

regard to such imports from the PRC. The Commissioners do not agree as

to whether three votes constitute an affirmative critical circumstances

determination. There is no definition of or limitation on the meaning

of the term ``determination'' in the statute or

[[Page 7752]] legislative history for purposes of the tie-vote rule.

The statute refers to critical circumstances interchangeably as a

determination or finding. Therefore, we conclude that Section 771(11)

applies to critical circumstances determinations and that it is

appropriate to treat the tie vote in this case as an affirmative

critical circumstances determination.

All unliquidated entries of coumarin from the PRC, that are

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

6, 1994, the date 90 days prior to the publication of the Department's

preliminary determination, except for imports by Jiangsu Native Import

and Export Corporation (Jiangsu Native), are liable for the assessment

of antidumping duties. In the case of Jiangsu Native, the effective

date of suspension of liquidation is August 4, 1994, the date of

publication of the Department's preliminary determination, (59 FR

39727).

In accordance with section 736(a)(1) of the Act, the Department

will direct Customs officers to assess, upon further advice by the

administering authority, antidumping duties equal to the amount by

which the foreign market exceeds the United States price for all

relevant entries of coumarin from the PRC. Customs officers must

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 noted below. The ``All

Others'' rate applies to all exporters of PRC coumarin not specifically

listed below.

The ad valorem weighted-average dumping margins are as follows:

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

Weighted-

Manufacturer/producer/ average

exporter margin Critical circumstances

percentage

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

Jiangsu Native Produce I/E 15.04 Negative.

Corp.

Tianjin Native Produce I/E 50.35 Affirmative.

Corp.

All others................... 160.80 Affirmative.

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

This notice constitutes the antidumping duty order with respect to

coumarin from the PRC. 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: February 6, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-3329 Filed 2-8-95; 8:45 am]

BILLING CODE 3510-DS-P