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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-825]

Continuation of Antidumping Duty Order: Sebacic Acid From the

People's Republic of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of continuation of antidumping duty order: Sebacic acid

from the People's Republic of China.

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SUMMARY: On April 7, 1999, the Department of Commerce (``the

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

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

antidumping duty order on sebacic acid from the People's Republic of

China would likely to lead to continuation or recurrence of dumping (64

FR 16910 (April 7, 1999)). On May 19, 1999, the International Trade

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

determined that revocation of the antidumping duty order on sebacic

acid from the People's Republic of China would likely to lead to

continuation or recurrence of material injury to an industry in the

United States within a reasonably foreseeable time (64 FR 27297 (May

19, 1999)). Therefore, pursuant to 19 CFR 351.218(f)(4), the Department

is publishing notice of the continuation of the antidumping duty order

on sebacic acid 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: May 26, 1999.

Background

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

instituted, a sunset review (63 FR 66527 and 63 FR 66567, respectively)

of the antidumping duty order on sebacic acid 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: Sebacic Acid from the People's Republic of China, 64 FR

16910 (April 7, 1999)).

On May 19, 1999, the Commission determined, pursuant to section

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

sebacic acid from the People's Republic of China would likely to lead

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

United States within a reasonably foreseeable time (see Sebacic acid

from the People's Republic of China, 64 FR 27297 (May 19, 1999) and

USITC Pub. 3189, Inv. No. 731-TA-653 (Review) (May 1999)).

Scope

The merchandise covered by this antidumping duty order is all

grades of sebacic acid, a dicarboxylic acid with the formula

(CH2)8(COOH)2, which include but are not limited to CP Grade (500ppm

maximum ash, 25 maximum APHA color), Purified Grade (1000ppm maximum

ash, 50 maximum APHA color), and Nylon Grade (500ppm maximum ash, 70

maximum ICV color), from the People's Republic of China. The principal

difference between the grades is the quantity of ash and color. Sebacic

acid contains a minimum of 85

[[Page 47767]]

percent dibasic acids of which the predominant species is the C10

dibasic acid. Sebacic acid is sold generally as a free-flowing powder/

flake. Sebacic acid has numerous industrial uses, including the

production of nylon 6/10 (a polymer used for paintbrush and toothbrush

bristles and paper machine felts), plasticizers, esters, automotive

coolants, polyamides, polyester castings and films, inks and adhesives,

lubricants, and polyurethane castings and coatings. Sebacic acid is

currently classifiable under subheading 2917.13.00.00 of the Harmonized

Tariff Schedule (HTS). The HTS subheading/ item number is provided for

convenience and customs purposes. The written product description of

the scope of this proceeding remains dispositive.

Determination

As a result of the determinations by the Department and the

Commission that revocation of this antidumping duty order would 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 sebacic acid 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(f)(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, 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 May

26, 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

April 2004.

Dated: August 26, 1999.

Bernard T. Carreau,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-22793 Filed 8-31-99; 8:45 am]

BILLING CODE 3510-DS-P