Determination
On the basis of the record developed in the subject investigation, the United States International Trade Commission (Commission) determines , pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United States is materially injured by reason of imports from China of tetrahydrofurfuryl alcohol (THFA), provided for in subheading 2932.13.00 of the Harmonized Tariff Schedule of the United States, that have been found by the Department of Commerce (Commerce) to be sold in the United States at less than fair value (LTFV).
The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR § 207.2(f)).
Vice Chairman Okun and Commissioners Lane and Pearson dissenting.
Background
The Commission instituted this investigation effective June 23, 2003, following receipt of a petition filed with the Commission and Commerce by Penn Specialty Chemicals, Inc., Plymouth Meeting, PA. The final phase of the investigation was scheduled by the Commission following notification of a preliminary determination by Commerce that imports of THFA from China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission's investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of February 9, 2004 (69 FR 6005). Subsequent to Commerce's postponement of its final determination, the Commission gave notice of the revised schedule for the final phase of its investigation and the related public hearing (69 FR 15380, March 25, 2004). The hearing was held in Washington, DC, on June 14, 2004, and all persons who requested the opportunity were permitted to appear in person or by counsel.
The Commission transmitted its determination in this investigation to the Secretary of Commerce on July 29, 2004. The views of the Commission are contained in USITC Publication 3709 (July 2004), entitled Tetrahydrofurfuryl Alcohol From China: Investigation No. 731-TA-1046 (Final).
By order of the Commission.
Issued: July 29, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-17811 Filed 8-3-04; 8:45 am]
BILLING CODE 7020-02-P