[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Notices]
[Pages 29344-29347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13844]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-96, 439-445 (Review)]


Industrial Nitrocellulose from Brazil, China, France, Germany, 
Japan, Korea, United Kingdom, and Yugoslavia

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the antidumping 
duty orders on industrial nitrocellulose from Brazil, China, France, 
Germany, Japan, Korea, United Kingdom, and Yugoslavia.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the antidumping 
duty orders on industrial nitrocellulose from Brazil, China, France, 
Germany, Japan, Korea, United Kingdom, and Yugoslavia would be likely 
to lead to continuation or recurrence of material injury. Pursuant to 
section 751(c)(2) of the Act, interested parties are requested to 
respond to this notice by submitting the information specified below to 
the Commission; 1 to be assured of consideration, the 
deadline for responses is July 21, 1999. Comments on the adequacy of 
responses may be filed with the Commission by August 16, 1999.
---------------------------------------------------------------------------

    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 99-5-011. Public 
reporting burden for the request is estimated to average 7 hours per 
response. Please send comments regarding the accuracy of this burden 
estimate to the Office of Investigations, U.S. International Trade 
Commission, 500 E Street, SW, Washington, DC 20436.
---------------------------------------------------------------------------

    For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's rules of 
practice and procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent 
amendments to the rules of practice and procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are 
published at 63 F.R. 30599, June 5, 1998, and may be downloaded from 
the Commission's World Wide Web site at http://www.usitc.gov/rules.htm.

EFFECTIVE DATE: June 1, 1999.


[[Page 29345]]


FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera 
Libeau (202-205-3176), Office of Investigations, U.S. International 
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:
    Background.--On the dates listed below, the Department of Commerce 
issued antidumping duty orders on the subject imports:

----------------------------------------------------------------------------------------------------------------
           Order date                 Product/country                Inv. No.                  F.R. cite
----------------------------------------------------------------------------------------------------------------
8/10/83........................  Industrial nitrocellulose/ 731-TA-96                  48 F.R. 36303.
                                  France.
7/10/90........................  Industrial nitrocellulose/ 731-TA-439                 55 F.R. 28266.
                                  Brazil.
7/10/90........................  Industrial nitrocellulose/ 731-TA-441                 55 F.R. 28267.
                                  China.
7/10/90........................  Industrial nitrocellulose/ 731-TA-444                 55 F.R. 28271.
                                  Germany.
7/10/90........................  Industrial nitrocellulose/ 731-TA-440                 55 F.R. 28268.
                                  Japan.
7/10/90........................  Industrial nitrocellulose/ 731-TA-442                 55 F.R. 28266.
                                  Korea.
7/10/90........................  Industrial nitrocellulose/ 731-TA-443                 55 F.R. 28270.
                                  United Kingdom.
10/16/90.......................  Industrial nitrocellulose/ 731-TA-445                 55 F.R. 41870.
                                  Yugoslavia.
----------------------------------------------------------------------------------------------------------------

    The Commission is conducting reviews to determine whether 
revocation of the orders would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. It will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct full reviews or expedited reviews. The Commission's 
determinations in any expedited reviews will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Brazil, China, 
France, Germany, Japan, Korea, United Kingdom, and Yugoslavia.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, the Commission found one Domestic Like Product: 
industrial nitrocellulose.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined one Domestic Industry: producers of industrial 
nitrocellulose.
    (5) The Order Dates are the dates that the antidumping duty orders 
under review became effective. In these reviews, the Order Dates are as 
presented in the preceding tabulation.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the reviews and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than 
21 days after publication of this notice in the Federal Register. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the reviews.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will 
make BPI submitted in these reviews available to authorized applicants 
under the APO issued in the reviews, provided that the application is 
made no later than 21 days after publication of this notice in the 
Federal Register. Authorized applicants must represent interested 
parties, as defined in 19 U.S.C. 1677(9), who are parties to the 
reviews. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to Sec. 207.3 of the Commission's rules, 
any person submitting information to the Commission in connection with 
these reviews must certify that the information is accurate and 
complete to the best of the submitter's knowledge. In making the 
certification, the submitter will be deemed to consent, unless 
otherwise specified, for the Commission, its employees, and contract 
personnel to use the information provided in any other reviews or 
investigations of the same or comparable products which the Commission 
conducts under Title VII of the Act, or in internal audits and 
investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to Sec. 207.61 of the Commission's 
rules, each interested party response to this notice must provide the 
information specified below. The deadline for filing such responses is 
July 21, 1999. Pursuant to Sec. 207.62(b) of the Commission's rules, 
eligible parties (as specified in Commission rule 207.62(b)(1)) may 
also file comments concerning the adequacy of responses to the notice 
of institution and whether the Commission should conduct expedited or 
full reviews. The deadline for filing such comments is August 16, 1999. 
All written submissions must conform with the provisions of Secs. 201.8 
and 207.3 of the Commission's rules and any submissions that contain 
BPI must also conform with the requirements of Secs. 201.6 and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means. 
Also, in accordance with Secs. 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the reviews must be served on 
all other parties to the reviews (as identified by either the public or 
APO service list as appropriate), and a

[[Page 29346]]

certificate of service must accompany the document (if you are not a 
party to the reviews you do not need to serve your response).
    Inability to provide requested information.--Pursuant to 
Sec. 207.61(c) of the Commission's rules, any interested party that 
cannot furnish the information requested by this notice in the 
requested form and manner shall notify the Commission at the earliest 
possible time, provide a full explanation of why it cannot provide the 
requested information, and indicate alternative forms in which it can 
provide equivalent information. If an interested party does not provide 
this notification (or the Commission finds the explanation provided in 
the notification inadequate) and fails to provide a complete response 
to this notice, the Commission may take an adverse inference against 
the party pursuant to section 776(b) of the Act in making its 
determinations in the reviews.
    INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF 
INSTITUTION: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty orders on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
France that currently export or have exported Subject Merchandise to 
the United States or other countries since 1982. A list of all known 
and currently operating U.S. importers of the Subject Merchandise and 
producers of the Subject Merchandise in Brazil, China, Germany, Japan, 
Korea, United Kingdom, and Yugoslavia that currently export or have 
exported Subject Merchandise to the United States or other countries 
since 1989.
    (7) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on the 
product during calendar year 1998 (report quantity data in wet pounds 
and value data in thousands of U.S. dollars, f.o.b. plant). If you are 
a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production; and
    (b) The quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s); and
    (c) The quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Countries, 
provide the following information on your firm's(s') operations on that 
product during calendar year 1998 (report quantity data in wet pounds 
and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis, 
for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') imports; 
and
    (b) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Countries; and
    (c) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Countries, provide the following information on your firm's(s') 
operations on that product during calendar year 1998 (report quantity 
data in wet pounds and value data in thousands of U.S. dollars, landed 
and duty-paid at the U.S. port but not including antidumping or 
countervailing duties). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Countries accounted for by your firm's(s') production; and
    (b) The quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Countries since the Order Dates, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of production facilities used 
for other products and the use, cost, or availability of major inputs 
into production); and factors related to the ability to shift supply 
among different national markets (including barriers to importation in 
foreign markets or changes in market demand abroad). Demand conditions 
to consider include

[[Page 29347]]

end uses and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Countries, and such merchandise from other countries.
    (11) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published pursuant 
to Sec. 207.61 of the Commission's rules.

    Issued: May 24, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-13844 Filed 5-28-99; 8:45 am]
BILLING CODE 7020-02-P