[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Notices]
[Pages 68593-68594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30490]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-803]


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Industrial Nitrocellulose from the United Kingdom

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

ACTION: Notice of Final Results of Antidumping Duty Changed 
Circumstances Review.

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SUMMARY: On October 16, 2003, the Department of Commerce (the 
Department) published a notice of preliminary results of its changed 
circumstances review of the antidumping duty order on industrial 
nitrocellulose (INC) from the United Kingdom in which we preliminarily 
determined that Troon Investments Limited (TIL) is the successor-in-
interest to Imperial Chemical Industries, PLC (ICI).\1\ See Notice of 
Preliminary Results of Antidumping Duty Changed Circumstances Review: 
Industrial Nitrocellulose from the United Kingdom, 68 FR 59584, 59585 
(October 16, 2003) (Preliminary Results). We gave interested parties, 
TIL and Green Tree Chemical Technologies, Inc. (Green Tree), the sole 
U.S. producer of INC and the petitioner in this proceeding, the

[[Page 68594]]

opportunity to comment on the Preliminary Results. We received no 
comments from either Green Tree or TIL on the Department's Preliminary 
Results. Therefore, the Department is adopting its preliminary finding 
that TIL is the successor-in-interest to ICI in these final results.
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    \1\ Note: TIL purchased ICI's INC business on December 31, 2002.

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EFFECTIVE DATE: December 9, 2003.

FOR FURTHER INFORMATION CONTACT: Michele Mire or Howard Smith, 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) 482-4711 
and (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 1990, the Department published in the Federal Register 
(55 FR 28270) the antidumping duty order on INC from the United 
Kingdom. On March 28, 2003, TIL requested that the Department conduct a 
changed circumstances review of the antidumping duty order on INC from 
the United Kingdom, claiming that it is the successor-in-interest to 
ICI, and, as such, it is entitled to receive the same antidumping 
treatment accorded to ICI. On April 11, 2003, Green Tree notified the 
Department that it opposed TIL's request to be considered the 
successor-in-interest to ICI. On July 18, 2003, and August 14, 2003, at 
the request of the Department, TIL submitted additional information and 
documentation pertaining to its changed circumstances request. 
Notwithstanding Green Tree's objection to finding TIL to be the 
successor-in-interest to ICI, record evidence indicates that, with the 
exception of the managing director of the INC business, TIL has made no 
material changes to the management, production facilities, suppliers of 
raw materials, or customers of ICI's former INC business. Further, 
while Green Tree expressed concern over a possible difference between 
the cost of capital for TIL and ICI, the record indicates that many of 
the significant factors that affect costs have not changed. Finally, 
although there has been a change in the legal entity performing U.S. 
selling functions under TIL, the record indicates that there have been 
no significant changes in the sales process or pricing of INC. See 
Preliminary Results at 59585. On October 16, 2003, the Department 
published its preliminary results in the Federal Register, finding TIL 
to be the successor-in-interest to ICI for purposes of determining 
antidumping liability. See Preliminary Results. We invited interested 
parties to comment on these findings. On October 31, 2003, and November 
5, 2003, Green Tree and TIL, respectively, submitted letters in which 
they notified the Department that they would not file comments on the 
Preliminary Results.

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 HTSUS 
classification is provided for convenience and customs purposes, the 
written description remains dispositive as to the scope of the product 
coverage.

Final Results of Changed Circumstances Review

    Because we received no comments from interested parties on the 
Preliminary Results, and for the reasons stated in the Preliminary 
Results, we find the record supports TIL to be the successor-in-
interest to ICI for antidumping duty cash deposit purposes. We will 
instruct Customs and Border Protection to suspend shipments of subject 
merchandise made by TIL at ICI's cash deposit rate (i.e., 3.06 percent) 
effective upon publication of this notice. This cash deposit rate shall 
remain in effect until publication of the next administrative review in 
which TIL participates.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Tariff Act of 
1930, as amended, and section 351.216 of the Department's regulations.

    Dated: December 1, 2003.
James S. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-30490 Filed 12-8-03; 8:45 am]
BILLING CODE 3510-DS-S