66 FR 34614, June 29, 2001

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-830]
 
Coumarin From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 8, 2001, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on coumarin from the People's Republic of China 
(66 FR 13881). The review covers the period February 1, 1999 through 
January 31, 2000, and two firms: Netchem Inc. (Netchem), a Canadian 
reseller, and Jiangsu Native Produce Import & Export Corporation 
(Jiangsu), a Chinese exporter.
    We gave interested parties an opportunity to comment on our 
preliminary results. No interested parties have filed comments on the 
preliminary results and no request for a hearing has been received by 
the Department. Therefore, we have not changed the results from those 
presented in the preliminary results of review, and we will instruct 
the U.S. Customs Service to assess antidumping duties on suspended 
entries for Netchem and Jiangsu at the rate determined in the 
preliminary results (see ``Final Results of Review'' section below).

EFFECTIVE DATE: June 29, 2001.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Abdelali Elouaradia, 
Office of AD/CVD Enforcement VII, Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-0197 or (202) 482-1374, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions of the Tariff Act of 1930 (the Act), as 
amended by the Uruguay Round Agreements Act (URAA) effective January 1, 
1995. In addition, unless otherwise indicated, all citations to the 
Department's regulations are codified at 19 CFR part 351 (2000).

Background

    On March 8, 2001, the Department published the preliminary results 
of the administrative review of the antidumping duty order on coumarin. 
See Coumarin From the People's Republic of China; Preliminary Results 
of Antidumping Duty Administrative Review, 66 FR 13881 (March 8, 2001) 
(Preliminary Results). This review covers imports of subject 
merchandise from Netchem, a Canadian reseller, and Jiangsu, a Chinese 
exporter. The period of review (POR) for both companies is February 1, 
1999 through January 31, 2000. As noted above, the Department did not 
receive any comments from interested parties. The Department is 
conducting this review in accordance with section 751 of the Act.

Scope of the Antidumping Duty Order

    The product covered by this order is coumarin. Coumarin is an aroma 
chemical with the chemical formula C sub9 H sub6 O sub2 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 (C sub11 H sub10 O sub2) and methylcoumarins (C sub10 H 
sub8 O sub2). 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 review is dispositive.

Separate Rates

    It is the Department's standard policy to assign all exporters of 
the merchandise subject to review in non-market economy (NME) countries 
a single rate, unless an exporter can affirmatively demonstrate an 
absence of government control, both in law (de jure) and in fact (de 
facto), with respect to exports. To establish whether a company is 
sufficiently independent to be entitled to a separate, company-specific 
rate, the Department analyzes each exporting entity in an NME country 
under the test established in the Final Determination of Sales at Less 
Than Fair Value: Sparklers From the People's Republic of China, 56 FR 
20588, 20589 (May 6, 1991), as amplified by the Final Determination of 
Sales at Less Than Fair Value: Silicon Carbide From the People's 
Republic of China, 59 FR 22585, 22586-2587 (May 2, 1994). Because 
Netchem is a Canadian reseller, a separate rate analysis is neither 
requested nor relevant for purposes of this review. Because Jiangsu 
failed to cooperate, the Department is not granting a separate rate to 
Jiangsu.

Period of Review

    The review period is February 1, 1999 through January 31, 2000.

Use of Adverse Facts Available

    As discussed in the Preliminary Results, we preliminarily 
determined that the application of total adverse facts available with 
respect to Netchem and Jiangsu was appropriate. Both Netchem and 
Jiangsu failed to cooperate by not acting to the best of their ability. 
No parties have commented on this determination, and no new facts have 
been submitted which would cause the Department to revisit this 
decision. Therefore, for the reasons set out in the Preliminary 
Results, (see 66 FR 13881, 13882-13884), we have continued to apply 
total adverse facts available to Netchem and Jiangsu for the purposes 
of this final results notice.

Final Results of Review

    The Department has not altered its determination from the 
preliminary results to use the rate of 160.80 percent as the adverse 
facts available for the period February 1, 1999 through January 31, 
2000 for all firms which have not demonstrated that they are entitled 
to a separate, company-specific rate, and for Netchem.
    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. We will direct Customs 
to assess the resulting percentage margin against the entered Customs 
values for the subject merchandise on each entry of that importer 
during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of coumarin from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(c) of the Act: (1) The cash deposit 
rate for the reviewed companies will be 160.80 percent; (2) for 
previously-reviewed PRC and non-PRC exporters with separate rates, the 
cash deposit rate will be the company-specific rate established for the 
most recent period; (3) for all other PRC exporters, the cash deposit 
rate will be

[[Page 34615]]

the PRC-wide rate, 160.80 percent; and (4) for all other non-PRC 
exporters of the subject merchandise, the cash deposit rate will be the 
rate applicable to the PRC supplier of that exporter. These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 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. Timely written notification of 
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.
    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act (19 U.S.C. 1675(a)(1) and 19 U.S.C. 1677f(i)(1)).

    Dated: June 22, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-16454 Filed 6-28-01; 8:45 am]
BILLING CODE 3510-DS-P