[Federal Register: October 27, 2005 (Volume 70, Number 207)]
[Notices]
[Page 61937-61938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc05-21]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-852]


Notice of Extension of the Deadline for Determining the Adequacy
of the Antidumping Duty Petition: Liquid Sulfur Dioxide from Canada

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

EFFECTIVE DATE: October 27, 2005.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4929 and (202) 482-4007, respectively.

Initiation of Investigation

The Petition

    On September 30, 2005, the Department of Commerce (``Department'')
received an antidumping duty petition (``Petition'') filed by Calabrian
Corporation (``Petitioner'') on behalf of the domestic industry
producing liquid sulfur dioxide.

Scope of the Petition

    The product covered by this petition is technical or commercial
grade and refrigeration grade liquid sulfur dioxide of a minimum 99.98
percent assay. Sulfur dioxide is identified by the chemical formula
SO2. The CAS No. for sulfur dioxide is 7446-09-5. Liquid sulfur dioxide
is pure sulfur dioxide gas compressed through refrigeration and stored
under pressure. Sulfur dioxide in its gaseous state is excluded from
the petition.
    Liquid sulfur dioxide subject to this petition is currently
classifiable under subheading 2811.23.00 of the Harmonized Tariff
Schedule of the United States (``HTSUS''). While the HTSUS subheading
is provided for convenience and Customs purposes, the written
description of the scope of this petition is dispositive.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Tariff Act of 1930, as amended (``the
Act'') requires that a petition be filed by or on behalf of the
domestic industry. Section 732(c)(4)(A) of the Act provides that the
Department's industry support determination be based on whether a
minimum percentage of the relevant industry supports the petition. A
petition meets this requirement if the domestic producers or workers
who support the petition account for: (i) at least 25 percent of the
total production of the domestic like product; and (ii) more than 50
percent of the production of the domestic like product produced by that
portion of the industry expressing support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D) of the Act provides that, if
the petition does not establish support of domestic producers or
workers accounting for more than 50 percent of the total production of
the domestic like product, the Department shall: (i) poll the industry
or rely on other information in order to determine if there is support
for the petition, as required by subparagraph (A), or (ii) if there is
a large number of producers, determine industry support using a
statistically valid sampling method to poll the industry.

Extension of Time

    Section 732(c)(1)(A)(ii) of the Act provides that within 20 days of
the filing of an antidumping duty petition, the Department will
determine, inter alia, whether the petition has been filed by or on
behalf of the U.S. industry producing the domestic like product.
Section 732(c)(1)(B) of the Act provides that the deadline for the
initiation determination can be extended by 20 days in any case in
which the Department must ``poll or otherwise determine support for the
petition by the industry . . .'' Because it is not clear from the
petition whether the industry support criteria have been met, we have
determined to extend the time for initiating an investigation in order
to

[[Page 61938]]

poll the domestic industry. On October 7, 2005, we issued polling
questionnaires to all known domestic producers of liquid sulfur dioxide
identified in the petition. On October 12, 2005, we sent a letter to
the domestic producers transmitting revised scope language provided by
the petitioner on October 11, 2005. The questionnaires are on file in
the Central Records Unit in room B-099 of the main Department of
Commerce building. We requested that each company complete the polling
questionnaire and fax their responses to the Department.
    We will need additional time to analyze the domestic producers'
responses to our request for information. See the ``Determination of
Industry Support for the Petition'' section of this notice, above.
Therefore, it is necessary to extend the deadline determining the
adequacy of the petition for a period not to exceed 40 days from the
filing of the petition. As a result, the initiation determination is
due no later than November 9, 2005.

International Trade Commission Notification

    Because the Department has extended the deadline of the initiation
determination, the Department will contact the International Trade
Commission (``ITC'') and will make this extension notice available to
the ITC.

    Dated: October 20, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5965 Filed 10-26-05;8:45 am]

BILLING CODE 3510-DS-S