[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Notices]
[Pages 54213-54214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27057]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-009]


Industrial Nitrocellulose From France: Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On September 7, 2001, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on industrial nitrocellulose from France. The review covers 
one manufacturer/exporter, Bergerac, NC. The period of review is August 
1, 1999, through July 31, 2000.
    We have made no changes to the margin calculation used for the 
preliminary results of review. Therefore, the final results do not 
differ from the preliminary results in which we found that sales of the 
subject merchandise were made below normal value. The final weighted-
average dumping margin for Bergerac, NC is listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: October 26, 2001.

FOR FURTHER INFORMATION CONTACT: David Dirstine, AD/CVD Enforcement 3, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4033.

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 of Commerce's (the 
Department's) regulations are to 19 CFR part 351 (2000).

[[Page 54214]]

Background

    On September 7, 2001, the Department of Commerce (the Department) 
published in the Federal Register (66 FR 46773) the preliminary results 
of the antidumping duty order on industrial nitrocellulose (INC) from 
France. The review covers one manufacturer/exporter, Bergerac, NC 
(BNC). The period of review (POR) is August 1, 1999, through July 31, 
2000. The Department is conducting this administrative review in 
accordance with section 751 of the Act.
    We invited interested parties to comment on our preliminary 
results. BNC submitted a case brief on September 24, 2001, and the 
petitioner submitted a rebuttal brief on September 28, 2001. On October 
3, 2001, the parties requested to withdraw the case and rebuttal 
briefs, to which there was no objection from any other party. See the 
October 3, 2001, letter from respondent's counsel to the Secretary of 
Commerce. On October 5, 2001, we withdrew the case and rebuttal briefs 
from the record pursuant to the requests of the parties and destroyed 
them. See memorandum to file from J. David Dirstine dated October 5, 
2001. We have not considered or relied upon any argument or information 
contained in the withdrawn case and rebuttal briefs in making this 
determination.

Scope of Order

    The product covered by this order is INC containing between 10.8 
and 12.2 percent nitrogen. INC is a dry, white amorphous synthetic 
chemical produced by the action of nitric acid on cellulose. The 
product comes in serveral viscosities and is used to form films in 
lacquers, coatings, furniture finishes and printing inks. Imports of 
this product are classified under the Harmonized Tariff Schedule of the 
United States Annotated (HTSUS) subheadings 3912.20.00 and 3912.90.00. 
Although the HTSUS item numbers are provided for convenience and 
customs purposes, the written description of the scope of this 
proceeding remains dispositive.

Final Results of Review

    We made no changes to our preliminary analysis for these final 
results. The final weighted-average dumping margin for BNC for the 
period August 1, 1999, through July 31, 2000, is 3.26 percent.

Assessment

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. We have 
calculated an importer-specific ad valorem duty-assessment rate based 
on the ratio of the total amount of antidumping duties calculated for 
the examined sales made during the POR to the total customs entered 
value of the sales used to calculate these duties. We will direct the 
Customs Service to assess the resulting percentage margin for the 
reviewed sales uniformly on all entries of that particular importer 
during the POR as well as on those entries of subject merchandise for 
which we applied the special rule for merchandise with value added 
after importation under section 772(e) of the Act. See 19 CFR 
351.212(a).

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 subject merchandise 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 
BNC will be the rate shown above; (2) for previously reviewed or 
investigated companies not listed above, 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, a 
prior review, or the less-than-fair-value 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 
1.38 percent. This is the ``All Others'' rate from the less-than-fair-
value investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 18, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-27057 Filed 10-25-01; 8:45 am]
BILLING CODE 3510-DS-P