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Notice of Rescission of Antidumping Duty Administrative Review: Sebacic Acid From the People's Republic of China

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Import Administration, International Trade Administration, Department of Commerce.


In response to a request from SST Materials, Inc. d/b/a Genesis Chemicals, Inc. (Genesis), a domestic producer of subject merchandise, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on sebacic acid from the People's Republic of China (PRC) for entries of subject merchandise by Tianjin Chemical Import and Export Corporation (Tianjin) and Guangdong Chemical Import and Export Corporation (Guangdong), covering the period July 1, 2003, through June 30, 2004. We are now rescinding this review as a result of the petitioner's withdrawal of its request for an administrative review.


January 19, 2005.

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Jennifer Moats or Brian Ledgerwood, China/NME Group, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-5047 or (202) 482-3836, respectively.

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On July 1, 2004, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on sebacic acid from the PRC. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 69 FR 39903 (July 1, 2004). On August 30, 2004, pursuant to a request made by Genesis, the Department initiated an administrative review of the antidumping duty order on sebacic acid from the PRC with respect to Tianjin and Guangdong. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 69 FR 52857 (August 30, 2004). On November 29, 2004, Genesis withdrew its request for an administrative review of sebacic acid from the PRC.

Scope of the Review

The products covered by this order are all grades of sebacic acid, a dicarboxylic acid with the formula (CH2)8 (COOH)2, which include but are not limited to CP Grade (500 ppm maximum ash, 25 maximum APHA color), Purified Grade (1000 ppm maximum ash, 50 maximum APHA color), and Nylon Grade (500 ppm maximum ash, 70 maximum ICV color). The principal difference between the grades is the quantity of ash and color. Sebacic acid contains a minimum of 85 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 2917.13.00.30 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.

Rescission of Review

The Department's regulations at 19 CFR 351.213(d)(1) provide that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review. The Department's regulations further provide that the Secretary may extend this time limit if the Secretary determines that it is reasonable to do so. In this case, the 90-day deadline fell on a non-business day and, therefore, the deadline was the next business day, November 29, 2004. Genesis made a timely withdrawal of its request for an administrative review and the Department has granted the request to rescind the review because Genesis was the only party to request the review. The Department will issue appropriate assessment instructions to U.S. Customs Start Printed Page 2999and Border Protection within 15 days of publication of this notice.

Notification to Importers

This notice 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 subsequent assessment of double antidumping duties.

This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.

This notice is in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 251.213(d)(4).

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Dated: January 11, 2005.

Barbara E. Tillman,

Acting Deputy Assistant Secretary for Import Administration.

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[FR Doc. E5-195 Filed 1-18-05; 8:45 am]