Continuation of Antidumping Duty Order: Chloropicrin From the People's Republic of China

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-002]

Continuation of Antidumping Duty Order: Chloropicrin From the

People's Republic of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce

ACTION: Notice of continuation of antidumping duty order: chloropicrin

from the People's Republic of China.

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SUMMARY: On March 9, 1999, the Department of Commerce (``the

Department''), pursuant to sections 751(c) and 752 of the Tariff Act

from 1930, as amended (``the Act''), determined that revocation of the

antidumping duty order on chloropicrin from the People's Republic of

China would be likely to lead to continuation or recurrence of dumping

(64 FR 11440 (March 9, 1999)). On April 7, 1999, the International

Trade Commission (``the Commission''), pursuant to section 751(c) of

the Act, determined that revocation of the antidumping duty order on

chloropicrin from the People's Republic of China would be likely to

lead to continuation or recurrence of material injury to an industry in

the United States within a reasonably foreseeable time (64 FR 16998

(April 7, 1999)). Therefore, pursuant to 19 CFR 351.218(e)(4), the

Department is publishing notice of the continuation of the antidumping

duty order on chloropicrin from the People's Republic of China.

FOR FURTHER INFORMATION CONTACT: Scott E. Smith or Melissa G. Skinner,

Office of Policy for Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th and Constitution

Ave., NW, Washington, DC 20230; telephone: (202) 482-6397 or (202) 482-

1560, respectively.

EFFECTIVE DATE: April 14, 1999.

Background

On November 2, 1998, the Department initiated, and the Commission

instituted, a sunset review (63 FR 58709 and 63 FR 58761, respectively)

of the antidumping duty order on chloropicrin from the People's

Republic of China pursuant to section 751(c) of the Act. As a result of

this review, the Department found that revocation of the antidumping

duty order would likely lead to continuation or recurrence of dumping

and notified the Commission of the magnitude of the margin likely to

prevail were the order to be revoked (see Final Results of Expedited

Sunset Review: Chloropicrin from the People's Republic of China, 64 FR

11440 (March 9, 1999)).

On April 7, 1999, the Commission determined, pursuant to section

751(c) of the Act, that revocation of the antidumping duty order on

chloropicrin from the People's Republic of China would be likely to

lead to continuation or recurrence of material injury to an industry in

the United States within a reasonably foreseeable time (see

Chloropicrin from the People's Republic of China, 64 FR 16998 (April 7,

1999), and USITC Pub. 3175, Inv. No. 731-TA-130 (Review) (April 1999)).

Scope

The merchandise covered by this antidumping duty order is

chloropicrin, also known as trichloronitromethane from the People's

Republic of China. A major use of the product is as a pre-plant soil

fumigant. Chloropicrin is currently classifiable under Harmonized

Tariff Schedule (HTS) item number 2904.90.50. The HTS item number is

provided for convenience and customs purposes. The written product

description remains dispositive.

Determination

As a result of the determinations by the Department and the

Commission that revocation of this antidumping duty order would be

likely to lead to continuation or recurrence of dumping and material

injury to an industry in the United States, pursuant to section

751(d)(2) of the Act, the Department hereby orders the continuation of

the antidumping duty order on chloropicrin from the People's Republic

of China. The Department will instruct the U.S. Customs Service to

continue to collect antidumping duty deposits at the rate in effect at

the time of entry for all imports of subject merchandise. Pursuant to

section 751(c)(6)(A)(iii) of the Act, any subsequent five-year review

of this order will be initiated not later than the fifth anniversary of

the effective date of continuation of this order.

Normally, the effective date of continuation of a finding, order,

or suspension agreement will be the date of publication in the Federal

Register of the Notice of Continuation. As provided in 19 CFR

351.218(e)(4), the Department normally will issue its determination to

continue a finding, order, or suspended investigation not later than

seven days after the date of publication in the Federal Register of the

Commission's determination concluding the sunset review and immediately

thereafter will publish its notice of continuation in the Federal

Register. In the instant case,

[[Page 42656]]

however, the Department's publication of the Notice of Continuation was

delayed. The Department has explicitly indicated that the effective

date of continuation of this order is April 14, 1999, seven days after

the date of publication in the Federal Register of the Commission's

determination. As a result, pursuant to sections 751(c)(2) and

751(c)(6)(A) of the Act, the Department intends to initiate the next

five-year review of this order not later than March 2004.

Dated: July 30, 1999.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-20215 Filed 8-4-99; 8:45 am]

BILLING CODE 3510-DS-P