[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Notices]
[Pages 7751-7752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3329]



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DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-830]


Notice of Antidumping Order: Coumarin From the People's Republic 
of China

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

EFFECTIVE DATE: February 9, 1995.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Louis Apple, 
Office of Antidumping Investigations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-4136 or (202) 482-1769, respectively.

Scope of Order

    The product covered by this order is coumarin. Coumarin is an aroma 
chemical with the chemical formula C<INF>9H<INF>6O<INF>2 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<INF>11H<INF>10O<INF>2) and methylcoumarins 
(C<INF>10H<INF>8O<INF>2). 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.

Antidumping Duty Order

    In accordance with sections 735(a) of the Tariff Act of 1930, as 
amended (``the Act''), the Department of Commerce (``the Department'') 
made its final determination that coumarin from the People's Republic 
of China (``PRC'') is being sold at less than fair value (59 FR 66895, 
December 28, 1994). On February 1, 1995, the International Trade 
Commission (ITC) notified the Department of its final determination, 
pursuant to section 735(b)(1)(A)(i) of the Act, that an industry in the 
United States is materially injured by reason of imports of the subject 
merchandise from the PRC.
    In addition, three ITC Commissioners found that critical 
circumstances exist with regard to such products, and three 
Commissioners found that critical circumstances do not exist with 
regard to such imports from the PRC. The Commissioners do not agree as 
to whether three votes constitute an affirmative critical circumstances 
determination. There is no definition of or limitation on the meaning 
of the term ``determination'' in the statute or 
[[Page 7752]] legislative history for purposes of the tie-vote rule. 
The statute refers to critical circumstances interchangeably as a 
determination or finding. Therefore, we conclude that Section 771(11) 
applies to critical circumstances determinations and that it is 
appropriate to treat the tie vote in this case as an affirmative 
critical circumstances determination.
    All unliquidated entries of coumarin from the PRC, that are 
entered, or withdrawn from warehouse, for consumption on or after May 
6, 1994, the date 90 days prior to the publication of the Department's 
preliminary determination, except for imports by Jiangsu Native Import 
and Export Corporation (Jiangsu Native), are liable for the assessment 
of antidumping duties. In the case of Jiangsu Native, the effective 
date of suspension of liquidation is August 4, 1994, the date of 
publication of the Department's preliminary determination, (59 FR 
39727).
    In accordance with section 736(a)(1) of the Act, the Department 
will direct Customs officers to assess, upon further advice by the 
administering authority, antidumping duties equal to the amount by 
which the foreign market exceeds the United States price for all 
relevant entries of coumarin from the PRC. Customs officers must 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the estimated 
weighted-average antidumping duty margins as noted below. The ``All 
Others'' rate applies to all exporters of PRC coumarin not specifically 
listed below.
    The ad valorem weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                Weighted-                               
    Manufacturer/producer/       average                                
           exporter              margin        Critical circumstances   
                               percentage                               
------------------------------------------------------------------------
Jiangsu Native Produce I/E          15.04  Negative.                    
 Corp.                                                                  
Tianjin Native Produce I/E          50.35  Affirmative.                 
 Corp.                                                                  
All others...................      160.80  Affirmative.                 
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    This notice constitutes the antidumping duty order with respect to 
coumarin from the PRC. Interested parties may contact the Central 
Records Unit, Room B-099 of the Main Commerce Building, for copies of 
an updated list of antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 353.21.
    Dated: February 6, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-3329 Filed 2-8-95; 8:45 am]
BILLING CODE 3510-DS-P