[Federal Register Volume 67, Number 244 (Thursday, December 19, 2002)]
[Notices]
[Pages 77747-77749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31975]


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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 August 12, 2002, 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 (67 FR 52447). This review covers one 
manufacturer/exporter of the subject merchandise (Imperial Chemical 
Industries, PLC). The period of review (POR) is July 1, 2000, through 
June 30, 2001.
    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

[[Page 77748]]

the reviewed firm is listed below in the section entitled ``Final 
Results of Review.''

EFFECTIVE DATE: December 19, 2002.

FOR FURTHER INFORMATION CONTACT: Howard Smith or Michele Mire, Office 
of AD/CVD Enforcement, Office 4, Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-5193 or (202) 482-4711, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations are to the Tariff Act of 
1930, as amended (the Act). In addition, unless otherwise indicated, 
all citations to the Department's regulations are to 19 CFR Part 351 
(2001).

Background

    On August 12, 2002, 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 Industrial 
Nitrocellulose from the United Kingdom: Notice of Preliminary Results 
of Antidumping Duty Administrative Review, 67 FR 52447 (August 12, 
2002).
    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 November 13, 2002. Green 
Tree Chemical Technologies, Inc. (Green Tree or petitioner) filed its 
rebuttal brief on November 18, 2002.

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 Schedule of the 
United States (HTSUS) item number 3912.20.0000. While the HTS 
classification number is provided for convenience and Customs purposes, 
the written description remains dispositive as to the scope of the 
product coverage.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by the respondent for use in our final results. 
We used standard verification procedures including examination of 
relevant accounting and production records, and original source 
documents provided by the respondent.

Analysis of Comments Received

    The issue raised in the case and rebuttal briefs submitted by 
parties to this administrative review is addressed in the ``Issues and 
Decision Memorandum'' (Decision Memorandum) from Bernard T. Carreau, 
Deputy Assistant Secretary for Import Administration, to Faryar 
Shirzad, Assistant Secretary for Import Administration, dated December 
10, 2002, which is hereby adopted by this notice. This issue is 
identified in the attached appendix to this notice. Parties can find a 
complete discussion of the issue raised in this review and the 
corresponding recommendation 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, 2000, through June 30, 2001:

------------------------------------------------------------------------
         Manufacturer/exporter           Weighted-average percent margin
------------------------------------------------------------------------
Imperial Chemical Industries, PLC......  3.06 percent.
------------------------------------------------------------------------

Assessment

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated an importer-specific 
assessment rate for merchandise subject to this review. The Department 
will issue appropriate assessment instructions directly to the Customs 
Service within 15 days of publication of these final results of review. 
We will direct the Customs Service to assess the resulting assessment 
rates against the entered customs values of the subject merchandise on 
each of the importer's entries during the review period.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of this notice of 
final results of administrative review, as provided by section 
751(a)(1) of the Act: (1) The cash deposit rate for the reviewed 
company will be that rate established in the final results of this 
review; (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 original 
less-than-fair-value (LTFV) investigation, but the manufacturer is, the 
cash deposit rate will be the rate established in the most recent final 
results for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 11.13 percent, the ``all-others'' rate established in the LTFV 
investigation (55 FR 21055, 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.

Notification to Importers

    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

[[Page 77749]]

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.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 10, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix--Issue in Decision Memorandum

    1. Whether the Department Should Calculate the Net Interest 
Expense Ratio Based on the Fiscal Year Financial Statements of the 
Subsidiary, Nobel's Explosives Company, Ltd. (NEC), rather than the 
Fiscal Year Consolidated Financial Statements of the Parent, 
Imperial Chemical Industries, PLC (ICI).

[FR Doc. 02-31975 Filed 12-18-02; 8:45 am]
BILLING CODE 3510-DS-P