ANTIDUMPING DUTY ORDER ON SULFANILIC ACID FROM INDIA (030293 IS DATE OF ORDER)

MESSAGE NO: 3062113 DATE: 03 03 1993 CATEGORY: ADA TYPE: ORD REFERENCE: REFERENCE DATE: CASES: A - 533 - 806 - - - - - - - - - - PERIOD COVERED: 03 02 1993 TO LIQ SUSPENSION DATE: 02 24 1993 TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT DIRECTORS, AREA AND PORT DIRECTORS FROM: DIRECTOR, IMPORT SPECIALIST DIVISION RE: ANTIDUMPING DUTY ORDER ON SULFANILIC ACID FROM INDIA (030293 IS DATE OF ORDER) 1. ON MARCH 2, 1993, THE DEPARTMENT OF COMMERCE WILL ISSUE ITS ANTIDUMPING DUTY ORDER ON SULFANILIC ACID FROM INDIA 2. THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS ALL GRADES OF SULFANILIC ACID, WHICH INCLUDE TECHNICAL (OR CRUDE) SULFANILIC ACID. REFINED (OR PURIFIED) SULFANILIC ACID AND SODIUM SALT OF SULFANILIC ACID (SODIUM SULFANILATE). SULFANILIC ACID IS A SYNTHETIC ORGANIC CHEMICAL PRODUCED FROM THE DIRECT SULFONATION OF ANILINE WITH SULFURIC ACID. SULFANILIC ACID IS USED AS A RAW MATERIAL IN THE PRODUCTION OF OPTICAL BRIGHTNERS, FOOD COLORS, SPECIALTY DYES, AND CONCRETE ADDITIVES. THE PRINCIPAL DIFFERENCES BETWEEN THE GRADES ARE THE UNDESIRABLE QUANTITIES OF RESIDUAL ANILINE AND ALKALI INSOLUBLE MATERIALS PRESENT IN THE SULFANILIC ACID. ALL GRADES ARE AVAILABLE AS DRY, FREE FLOWING POWDERS. TECHNICAL SULFANILIC ACID, CLASSIFIABLE UNDER THE SUBHEADING 2921.42.2800 OF THE HARMONIZED TARIFF SCHEDULE (HTS), CONTAINS 96 PERCENT MINIMUM SULFANILIC AID, 1.0 PERCENT MAXIMUM ANILINE AND 1.0 PERCENT MAXIMUM ALKALI INSOLUBLE MATERIALS. REFINED SULFANILIC ACID, CLASSIFIABLE UNDER THE HTS SUBHEADING 2921.42.2800 CONTAINS 98 PERCENT MINIMUM SULFANILIC ACID, 0.5 PERCENT MAXIMUM ANILINE AND 0.25 PERCENT MAXIMUM ALKALI INSOLUBLE MATERIALS. SODIUM SALT OF SULFANILIC ACID (SODIUM SULFANILATE) CLASSIFIABLE UNDER THE HTS SUBHEADING 2921.42.7500 IS A GRANULAR OR CRYSTALLINE MATERIAL CONTAINING 75 PERCENT MINIMUM EQUIVALENT SULFANILIC ACID, 0.5 PERCENT MAXIMUM ANILINE, AND 0.25 PERCENT MAXIMUM ALKALI INSOLUBLE MATERIALS BASED ON THE EQUIVALENT SULFANILIC ACID CONTENT. THE HTS SUBHEADING ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES. OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DESPOSITIVE. 3. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER INDIA A-533-806. 4. BLUE LINE REPORTS ARE REQUIRED FOR WAREHOUSE WITHDRAWALS FOR CONSUMPTION. 5. THE INTERNATIONAL TRADE COMMISSION (ITC) FOUND THAT A U.S. INDUSTRY IS THREATENED WITH MATERIAL INJURY BY REASON OF IMPORTS OF SULFNILIC ACID FROM INDIA. 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 SULFANILIC ACID FROM INDIA. THEREFORE, THE SPECIAL RULE PROVISION OF SECTION 736(B)(C) APPLIES. 6. THEREFORE, FOR SULFANILIC ACID FROM INDIA, THE CUSTOMS SERVICE SHALL ASSESS ANTIDUMPING DUTIES ON ALL ENTRIES THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER FEBRUARY 24, 1993, THE DATE THE ITC PUBLISHED ITS FINAL DETERMINATION, AND SHALL RELEASE ANY BOND OR OTHER SECURITY, AND REFUND ANY CASH DEPOSIT POSTED TO SECURE THE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES WITH RESPECT TO THESE ENTRIES BEFORE FEBRUARY 24, 1993. CUSTOMS OFFICERS MUST REQUIRE AT THE SAME TIME AS IMPORTERS WOULD NORMALLY DEPOSIT ESTIMATED DUTIES. THE FOLLOWING CASH DEPOSITS FOR THE SUBJECT MERCHANDISE MANUFACTURER/PRODUCER CUSTOMS ID FINAL MARGIN/ EXPORTER NUMBER PERCENTAGE ALL A-533-806-000 114.8% 7. SECTION 772(D)(1)(D) OF THE ACT PROHIBITS ASSESSING DUMPING DUTIES ON THE PORTION OF THE MARGIN ATTRIBUTABLE TO AN EXPORT SUBSIDY. THEREFORE, FOR ALL ENTRIES ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER FEBRUARY 24, 1993, WE ARE REQUESTING FOR DUTY DEPOSIT PURPOSES THAT YOU DEDUCT THE PORTION OF THE MARGIN ATTRIBUTABLE TO THE EXPORT SUBSIDY IN THE COUNTERVAILING DUTY INVESTIGATION. THE EXPORT SUBSIDY RATE IS 43.71 PERCENT, RESULTING IN A CASH DEPOSIT RATE OF 71.09. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, THEY SHOULD BE REFERRED TO THE IMPORT SPECIALIST DIVISION, OTHER AGENCY BRANCH, CUSTOMS HEADQUARTERS (FTS 566-8651), OR BY E-MAIL ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT MARY JENKINS OF THE OFFICE OF ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, TELEPHONE (202) 482-1756, RESPECTIVELY. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. NANCY MCTIERNAN