[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Notices]
[Pages 40978-40980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19620]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-803]


Industrial Nitrocellulose From the United Kingdom; Final Results 
of Antidumping Duty Administrative Review

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

SUMMARY: On April 11, 2001, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on industrial nitrocellulose (INC) from the 
United Kingdom (66 FR 18749). This review covers one manufacturer/
exporter of the subject merchandise (Imperial Chemical Industries, 
PLC). The period of review (POR) is July 1, 1999, through June 30, 
2000.
    Based on our analysis of the comments received, we have made 
changes in the margin calculation. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping margin 
for the reviewed firm is listed below in the section entitled ``Final 
Results of Review.''

EFFECTIVE DATE: August 6, 2001.

FOR FURTHER INFORMATION CONTACT: Nithya Nagarajan or Michele Mire, 
Office of AD/CVD Enforcement, Office 4, Group II, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th

[[Page 40979]]

Street and Constitution Avenue, NW, Washington, DC 20230; telephone 
(202) 482-5253 or (202) 482-4711, respectively.

SUPPLEMENTARY INFORMATION:

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. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to 19 CFR 
part 351 (2000).

Background

    On April 11, 2001, the Department published in the Federal Register 
the preliminary results of the administrative review of the antidumping 
duty order on INC from the United Kingdom. See Notice of Preliminary 
Results of Antidumping Duty Administrative Review: Industrial 
Nitrocellulose from the United Kingdom, 66 FR 18749 (April 11, 2001).
    In response to the Department's invitation to comment on the 
preliminary results of this review, Imperial Chemical Industries, PLC 
(ICI or respondent) filed its case brief on May 11, 2001. No other 
interested parties filed case or rebuttal briefs.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of Review

    Imports covered by this review are shipments of INC from the United 
Kingdom. INC is a dry, white amorphous synthetic chemical with a 
nitrogen content between 10.8 and 12.2 percent, and is produced from 
the reaction of cellulose with nitric acid. INC is used as a film-
former in coatings, lacquers, furniture finishes, and printing inks. 
The scope of this order does not include explosive grade 
nitrocellulose, which has a nitrogen content of greater than 12.2 
percent.
    INC is currently classified under Harmonized Tariff System (HTS) 
subheading 3912.20.00. While the HTS item number is provided for 
convenience and Customs purposes, the written description remains 
dispositive as to the scope of the product coverage.

Period of Review

    The POR is July 1, 1999 to June 30, 2000.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Bernard T. Carreau, Deputy 
Assistant Secretary, Group II, Import Administration, to Faryar 
Shirzad, Assistant Secretary for Import Administration, dated July 20, 
2001, which is hereby adopted by this notice. A list of the issues 
which parties have raised and to which we have responded, all of which 
are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum, which is on file in the Central Records Unit, room B-099, 
of the main Department building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculation. These changes are discussed in the 
relevant sections of the Decision Memorandum.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for the period July 1, 1999 through June 30, 2000:

------------------------------------------------------------------------
                                                               Percent
                   Manufacturer/Exporter                        margin
------------------------------------------------------------------------
Imperial Chemical Industries, PLC..........................         3.44
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the U.S. Customs Service 
(Customs) shall assess, antidumping duties on all appropriate entries. 
In accordance with 19 CFR 351.212(b)(1), we have calculated importer-
specific assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the importer-specific sales to the 
total entered value of the same sales. Where the importer-specific 
assessment rate is above de minimis, we will instruct Customs to assess 
duties on all entries of subject merchandise by that importer. The 
Department will issue appraisement instructions directly to Customs.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of INC from the United Kingdom entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for 
ICI will be the rate shown above; (2) for previously reviewed or 
investigated companies not covered in this review, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, or the original less-than-fair-value (LTFV) investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recent period for the manufacturer of the merchandise; and 
(4) the cash deposit rate for all other manufacturers or exporters will 
be 11.13 percent, the ``all-others'' rate established in the LTFV 
investigation (55 FR 21058, May 22, 1990).
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of administrative review for a 
subsequent review period.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.


[[Page 40980]]


    Dated: July 20, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comment

    1. Ministerial Errors

[FR Doc. 01-19620 Filed 8-3-01; 8:45 am]
BILLING CODE 3510-DS-P