68 FR 46579, August 6, 2003

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-830]
 
Notice of Initiation of Changed Circumstances Review and 
Consideration of Revocation of the Antidumping Duty Order: Coumarin 
From the Peoples's Republic of China

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

SUMMARY: In accordance with 19 CFR 351.216(b), Berj[eacute] 
Incorporated (Berj[eacute]), a U.S. importer of subject merchandise and 
an interested party in this proceeding, filed a request for a changed 
circumstances review of the antidumping duty order on coumarin from the 
People's Republic of China (PRC), as described below. In response to 
this request, the Department of Commerce (the Department) is initiating 
a changed circumstances review of the antidumping duty order on 
coumarin from the PRC.

EFFECTIVE DATE: August 6, 2003.

FOR FURTHER INFORMATION CONTACT: Addilyn Chams-Eddine or Dana 
Mermelstein, Office of AD/CVD Enforcement VII, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington DC 20230; telephone: 
(202) 482-0648 or (202) 482-1391, respectively.

Background

    On February 9, 1995, the Department published in the Federal 
Register the antidumping duty order on coumarin from the PRC. See 
Notice of Antidumping Order: Coumarin from the People's Republic of 
China, 60 FR 7751. On June 23, 2003, Berj[eacute], a U.S. importer of 
subject merchandise and an interested party in this proceedings, 
requested that the Department conduct a changed circumstances review 
for the purpose of revoking the antidumping duty order on coumarin from 
the PRC. According to Berj[eacute], Rhone-Poulenc Specialty Chemicals 
Company (Rhone-Poulenc), the petitioner, was the only domestic coumarin 
producer at the time of the original investigation. Since the original 
investigation, Rhone-Poulenc has changed its company name and now does 
business under the name Rhodia, Inc. (Rhodia). Berg[eacute] informed 
the Department that Rhodia, in a press release dated November 28, 2001, 
announced its intent to cease production of coumarin in 2002. 
Berj[eacute] further provided information obtained

[[Page 46580]]

from Rhodia indicating that Rhodia no longer produces coumarin in the 
United States.

Scope of the Review

    The product covered by this order is coumarin. Coumarin is an aroma 
chemical with the chemical formula 
(C9H6O2) 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 (C11H10O2) and 
methylcoumarins (C10H8O2). 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 investigation is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 782(h)(2) the Tariff Act of 1930, as amended 
(the Act), the Department may revoke an antidumping or countervailing 
duty order based on a review under section 751(b) of the Act (e.g., a 
changed circumstances review). Section 751(b)(1) of the Act requires a 
changed circumstance review to be conducted upon receipt of a request 
which shows changed circumstances sufficient to warrant a review. 
Section 351.222(g) of the Department's regulations provides that the 
Department will conduct a changed circumstances review under 19 CFR 
351.216 and may revoke an order (in whole or in part) if it determines 
that producers accounting for substantially all of the production of 
the domestic like product to which the order (or the part of the order 
to be revoked) pertains have expressed a lack of interest in the relief 
provided by the order, in whole or in part, or if changed circumstances 
exist to warrant revocation.
    In this case, the Department finds that the press release and other 
information submitted by Berj[eacute] provides sufficient evidence of 
changed circumstances to warrant the initiation of a changed 
circumstances review. The press release, dated November 28, 2001, 
announced Rhodia's intent to cease its U.S. production of coumarin in 
2002. Given this information the Department will consider whether the 
U.S. industry maintains an interest in continuing the order.
    Interested parties may submit comments for consideration in the 
Department's preliminary results not later than 20 days after 
publication of this notice. Responses to those comments may be 
submitted not later than 10 days following submissions of the comments. 
All written comments must be submitted in accordance with 19 CFR 
351.303, and must be served on all interested parties on the 
Department's service list in accordance with 19 CFR 351.303.
    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances review, in accordance with 
19 CFR 351.221(c)(3)(i), which will set forth the factual and legal 
conclusions upon which our preliminary results are based, and a 
description of any actions proposed based on the those results. The 
Department will also issue its final results of review within 270 days 
after the date on which the changed circumstances review is initiated 
or within 45 days if all parties agree, in accordance with 19 CFR 
351.216(e), and will publish these results in the Federal Register.
    While the changed circumstances review is underway, the current 
requirement for a cash deposit of estimated antidumping duties on all 
subject merchandise will continue unless and until it is modified 
pursuant to the final results of the changed circumstances review.
    This notice is in accordance with sections 751(b)(1) of the Act and 
19 CFR 351.216 and 351.222.

    Dated: July 31, 2003.
Richard O. Weible,
Acting Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 03-20048 Filed 8-5-03; 8:45 am]