[Federal Register Volume 69, Number 37 (Wednesday, February 25, 2004)]
[Notices]
[Pages 8626-8627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4142]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-804]


Industrial Nitrocellulose From Brazil: Notice of Initiation of 
Changed Circumstances Review and Consideration of Revocation of the 
Antidumping Duty Order

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

ACTION: Notice of initiation of changed circumstances review.

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SUMMARY: In accordance with 19 CFR 351.216(b), Nitro Quimica 
Brasileira, a Brazilian exporter of subject merchandise and an 
interested party in this proceeding, filed a request for a changed 
circumstances review of the antidumping duty order on industrial 
nitrocellulose from Brazil, as described below. In response to this 
request, the Department of Commerce is initiating a changed 
circumstances review of the antidumping duty order on industrial 
nitrocellulose from Brazil.

EFFECTIVE DATE: February 25, 2004.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Enforcement Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 10, 1990, the Department published in the Federal Register 
the antidumping duty order on industrial nitrocellulose from Brazil. 
See Antidumping Duty Order: Industrial Nitrocellulose From Brazil, 55 
FR 28266 (July 10, 1990). On December 31, 2003, Nitro Quimica 
Brasileira (Nitro Quimica), a Brazilian exporter of subject merchandise 
and an interested party in this proceeding, requested that the 
Department revoke the antidumping duty order on industrial 
nitrocellulose from Brazil through a changed circumstances review. 
According to Nito Quimica, revocation is warranted because of ``lack of 
interest'' on behalf of the U.S. industry. Specifically, Nitro Quimeca 
asserts that no domestic producer of industrial nitrocellulose 
currently exists. Nitro Quimica asserts that Hercules Incorporated, the 
only petitioner in the original investigation and the only U.S. 
producer at the time in which this order was issued, sold its

[[Page 8627]]

nitrocellulose business to Green Tree Chemical Technologies (Green 
Tree) on June 16, 2001. Nitro Quimica further contends that Green Tree 
has closed its U.S. production facility on about November 26, 2003. 
(See Nitro Quimica December 31, 2003 letter at Attachment 3.) Nitro 
Quimica asserts that the effective date of the revocation should be 
``retroactive to the date on which Green Tree ceased its U.S. 
production'' (Nitro Quimica December 31, 2003 letter at page 2).

Scope of the Review

    The product covered by this review is industrial nitrocellulose, 
currently classifiable under HTS subheading 3912.20.00. The HTS item 
number is provided for convenience and Customs purposes. The written 
description remains dispositive as to the scope of the product 
coverage.
    Industrial nitrocellulose is a dry, white, amorphous synthetic 
chemical with a nitrogen content between 10.8 and 12.2 percent. 
Industrial nitrocellulose 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.

Initiation of Changed Circumstances Review

    Pursuant to section 782(h)(2) of the Tariff Act of 1930, as amended 
(the Tariff Act), the Department may revoke an antidumping or 
countervailing duty order based on a review under section 751(b) of the 
Tariff Act (i.e., a changed circumstances review). Section 751(b)(1) of 
the Tariff Act requires a changed circumstances review to be conducted 
upon receipt of a request which shows changed circumstances sufficient 
to warrant a review. 19 CFR 351.222(g) provides that the Department 
will conduct a changed circumstances review under 19 CFR 351.216 and 
may revoke an order (in whole or in part) if it determines that 
producers accounting for substantially all of the production of the 
domestic like product to which the order (or the part of the order to 
be revoked) pertains have expressed a lack of interest in the relief 
provided by the order, in whole or in part, or if changed circumstances 
exist sufficient to warrant revocation.
    In this case, the Department finds that the information submitted 
provides sufficient evidence of changed circumstances to warrant a 
review. Given Nitro Quimica's assertions, we will consider whether 
there is interest in continuing the order on the part of the U.S. 
industry.
    Interested parties may submit comments for consideration in the 
Department's preliminary results. (These comments may include the 
effective date proposed by Nitro Quimica for revocation of this order.) 
The due date for filing any such comments is no later than 20 days 
after publication of this notice. Responses to those comments may be 
submitted not later than 10 days following submission of the comments. 
All written comments must be submitted in accordance with 19 CFR 
351.303, and must be served on all interested parties on the 
Department's service list in accordance with 19 CFR 351.303.
    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances review, in accordance with 
19 CFR 351.221(c)(3)(i), which will set forth the factual and legal 
conclusions upon which our preliminary results are based, and a 
description of any action proposed based on those results. The 
Department will also issue its final results of review within 270 days 
after the date on which the changed circumstances review is initiated, 
in accordance with 19 CFR 351.216(e), and will publish these results in 
the Federal Register.
    While the changed circumstances review is underway, the current 
requirement for a cash deposit of estimated antidumping duties on all 
subject merchandise will continue unless and until it is modified 
pursuant to the final results of this changed circumstances review.
    This notice is in accordance with sections 751(b)(1) of the Act and 
19 CFR 351.216 and 351.222.

    Dated: February 19, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-4142 Filed 2-24-04; 8:45 am]
BILLING CODE 3510-DS-P