MESSAGE NO: 4195111 DATE: 07 14 1994
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 825 - -
- - - -
- - - -

PERIOD COVERED: 07 14 1994 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: ANTIDUMPING DUTY ORDER FOR SEBACIC ACID FROM THE
PEOPLE'S REPUBLIC OF CHINA (PRC) (A-570-825)


1. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ON JULY 14, 1994, THE ANTIDUMPING DUTY ORDER ON SEBACIC
ACID FROM THE PRC.

2. 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 (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). 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 CASTING AND COATINGS.

SEBACIC ACID IS CURRENTLY CLASSIFIABLE UNDER SUBHEADING
2917.13.00.00 OF THE HTSUS. ALTHOUGH THE HTSUS

SUBHEADING IS PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES,
OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS ORDER IS
DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER (A-570-825).

4. THE INTERNATIONAL TRADE COMMISSION (ITC) FOUND THAT A U.S.
INDUSTRY IS THREATENED WITH MATERIAL INJURY BY REASON OF IMPORTS
OF SEBACIC ACID FROM THE PRC. THE ITC DETERMINED, PURSUANT TO
SECTION 735(B)(4)(B) OF THE ACT THAT IT WOULD NOT HAVE FOUND
MATERIAL INJURY BUT FOR THE SUSPENSION OF LIQUIDATION OF ENTRIES
OF SEBACIC ACID FROM THE PRC. THEREFORE, THE SPECIAL RULE
PROVISION OF SECTION 736(B)(C) APPLIES.

5. THEREFORE, THE U.S. CUSTOMS SERVICE SHALL TERMINATE
SUSPENSION OF LIQUIDATION FOR ENTRIES OF SEBACIC ACID FROM THE
PRC ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION BEFORE
JULY 13, 1994, THE DATE THE ITC PUBLISHED ITS FINAL
DETERMINATION, AND SHALL RELEASE ANY BOND OR OTHER SECURITY,
AND RETURN ANY CASH DEPOSIT POSTED TO SECURE THE PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES WITH RESPECT TO THESE ENTRIES.

INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO
NOT APPLY.

6. THE DEPARTMENT WILL DIRECT U.S. CUSTOMS OFFICERS TO ASSESS
ANTIDUMPING DUTIES EQUAL TO THE AMOUNT BY WHICH THE FOREIGN
MARKET VALUE OF THE MERCHANDISE EXCEEDS THE UNITED STATES PRICE
FOR ALL ENTRIES OF SEBACIC ACID FROM THE PRC. ANTIDUMPING DUTIES
WILL BE ASSESSED ON ALL UNLIQUIDATED ENTRIES OF SEBACIC ACID FROM
THE PRC ENTERED OR WITHDRAWN FROM THE WAREHOUSE FOR CONSUMPTION
ON OR AFTER JULY 13, 1994. EFFECTIVE JULY 14, 1994, CUSTOMS
OFFICERS MUST REQUIRE, AT THE SAME TIME AS IMPORTERS WOULD
NORMALLY DEPOSIT ESTIMATED DUTIES, THE FOLLOWING CASH DEPOSITS ON
THE SUBJECT MERCHANDISE. AS NOTED BELOW, THE PRC COUNTRY-WIDE
RATE APPLIES TO ALL PRC COMPANIES NOT SPECIFICALLY LISTED BELOW.

MANUFACTURER/ ID NUMBER WEIGHTED-AVERAGE
EXPORTER MARGIN PERCENTAGE

SINOCHEM INTERNATIONAL CHEMICALS COMPANY
A-570-825-001 43.72%

SINOCHEM JIANGSU IMPORT/EXPORT CORP.
A-570-825-002 85.48%

TIANJIN CHEMICALS IMPORT/EXPORT CORP.
A-570-825-003 59.67%

GUANGDONG CHEMICALS IMPORT/EXPORT CORP.
A-570-825-004 57.00%


PRC COUNTRY-WIDE RATE
A-570-825-000 243.40%

7. ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS

SHOULD BE DIRECTED THROUGH THE REGIONAL ANTIDUMPING/
COUNTERVAILING DUTY COORDINATOR, TRADE COMPLIANCE DIVISION,
ANTIDUMPING/COUNTERVAILING DUTY BRANCH BY EMAIL TO ATTRIBUTE "HQ
OAB". OTHER INTERESTED PARTIES SHOULD CONTACT BRIAN SMITH,
OFFICE OF ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
TELEPHONE (202) 482-1766.

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION

NANCY MCTIERNAN


NOTE: THIS MESSAGE WAS INADVERTENTLY NOT POSTED TO ADIL BECAUSE
THE PERIOD COVERED IN THE HEADER WAS NOT CORRECTLY COMPLETED SO
HAS BEEN POSTED TO ADIL ON NOVEMBER 26, 2009. THE ORIGINAL
MESSAGE WAS SENT TO REGIONAL DIRECTORS, COMMERCIAL OPERATIONS,
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS, NOT DIRECTORS, FIELD
OPERATIONS AND PORT DIRECTORS. DIRECTOR, TRADE COMPLIANCE
DIVISION IS NOW SHOWN AS DIRECTOR, SPECIAL ENFORCEMENT. THE
BALANCE OF THE TEXT AND INFORMATION REMAINS UNCHANGED. THIS
MESSAGE WITH THE CORRECTED HEADER HAS BEEN POSTED TO THE
ADD/CVD SEARCH APPLICATION ON CBP.GOV.