Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Synthetic Indigo From the People's Republic of China

AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

EFFECTIVE DATE:

June 19, 2000.

FOR FURTHER INFORMATION CONTACT:

David J. Goldberger or Dinah McDougall, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-3773, respectively.

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (“the Act”), are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act (“URAA”). In addition, unless otherwise indicated, all citations to the Department of Commerce's (“the Department's”) regulations refer to 19 CFR Part 351 (1999).

Amendment to the Final Determination

On May 3, 2000, the Department published its final determination that synthetic indigo from the People's Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value. See Synthetic Indigo from the People's Republic of China; Notice of Final Determination of Sales at Less Than Fair Value, 65 FR 25706, May, 3, 2000) (“Final Determination”). On May 9, 2000, we received a timely submission from the petitioners, Buffalo Color Corporation and the United Steelworkers of America, AFL-CIO/CLC, alleging ministerial errors pertaining to the margin calculations in the Department's final determination.

After analyzing the submissions, we determined, in accordance with 19 CFR 351.224, that ministerial errors were made in the margin calculations for the exporter Wonderful Chemical Industrial Ltd. (“Wonderful”). Specifically:

• In valuing the dispersing agent factor in the final determination calculation of normal value, the Department inadvertently applied the per-kilogram price to the per-metric-ton factor.
• The Department inadvertently omitted price corrections for certain sales made by Wonderful, which were identified at verification.

For a detailed discussion of the ministerial error allegations and the Department's analysis, see Memorandum to Richard W. Moreland from the Team, dated May 25, 2000.

Therefore, in accordance with 19 CFR 351.224(e), we are amending the final determination of the antidumping duty investigation of synthetic indigo from the PRC. The revised weighted-average dumping margins are listed in the “Antidumping Order” section below.

Scope of Order

The products subject to this investigation are the deep blue synthetic vat dye known as synthetic indigo and those of its derivatives designated commercially as “Vat Blue 1.” Included are Vat Blue 1 (synthetic indigo), Color Index No. 73000, and its derivatives, pre-reduced indigo or indigo white (Color Index No. 73001) and solubilized indigo (Color Index No. 73002). The subject merchandise may be sold in any form (e.g., powder, granular, paste, liquid, or solution) and in any strength. Synthetic indigo and its derivatives subject to this investigation are currently classifiable under subheadings 3204.15.10.00, 3204.15.40.00 or 3204.15.80.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.

Antidumping Duty Order

On June 12, 2000, in accordance with section 735(d) of the Act, the U.S. International Trade Commission (ITC) notified the Department that a U.S. industry is materially injured by reason of imports of synthetic indigo from the PRC, pursuant to section 735(b)(1)(A) of the Act. In addition, the ITC found that critical circumstances exist with regard to such imports from the PRC.

Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct the United States Customs Service to assess, upon further advice by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the merchandise for all relevant entries of synthetic indigo from the PRC. These antidumping duties will be assessed on all unliquidated entries of imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after September 15, 1999, the date 90 days prior to the date of publication of the preliminary determination in the Federal Register, in accordance with the critical circumstances finding in the final determination.

On or after the date of publication of this notice in the Federal Register, U.S. Customs officers must require, at the same time as importers would normally deposit estimated duties, the cash deposits listed below for the subject merchandise. The “PRC-wide Rate” applies to all exporters of synthetic indigo not specifically listed below.

The revised final weighted-average margins are as follows:

This notice constitutes the antidumping duty order with respect to synthetic indigo from the PRC, pursuant to section 736(a) of the Act. 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 351.211.