Furfuryl Alcohol From the Republic of South Africa; Final Results of Antidumping Duty Administrative Review and Revocation of Antidumping Duty Order

Federal RegisterJul 12, 1999

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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

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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