[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Notices]
[Pages 52231-52232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1926]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-351-804, A-427-009, A-428-803, A-580-805, A-588-812, A-570-802, and 
A-412-803


Industrial Nitrocellulose from Brazil, France, Germany, the 
Republic of Korea, Japan, the People's Republic of China, and the 
United Kingdom: Notice of Final Results of Changed Circumstances Review 
and Revocation of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 17, 2004, the Department of Commerce published its 
preliminary results of changed circumstances review and intent to 
revoke the antidumping orders on industrial nitrocellulose from Brazil, 
France, Germany, the Republic of Korea (South Korea or Korea), Japan, 
the People's Republic of China (the PRC), and the United Kingdom (the 
UK). The basis of the revocation is that Green Tree Chemical 
Technologies (Green Tree), the sole producer of industrial 
nitrocellulose in the United States, has ceased production.

EFFECTIVE DATE: August 25, 2004.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Enforcement, Office VII, 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 August 10, 1983, the Department published an antidumping duty 
order on industrial nitrocellulose from France. See Antidumping Duty 
Order: Industrial Nitrocellulose from France, 48 FR 36303 (August 10, 
1983). On July 10, 1990, the Department published antidumping orders on 
industrial nitrocellulose from Brazil, Germany, Korea, Japan, the PRC, 
and the United Kingdom. See Antidumping Duty Order: Industrial 
Nitrocellulose from Brazil, 55 FR 28266, Antidumping Duty Order: 
Industrial Nitrocellulose from the Federal Republic of Germany, 55 FR 
28271, Antidumping Duty Order: Industrial Nitrocellulose from the 
Republic of Korea, 55 FR 28266, Antidumping Duty Order: Industrial 
Nitrocellulose from Japan, 55 FR 28268, Antidumping Duty Order: 
Industrial Nitrocellulose from the People's Republic of China, 55 FR 
28267, and Antidumping Duty Order: Industrial Nitrocellulose from the 
United Kingdom, 55 FR 28270.
    On December 31, 2003, Nitro Quimica Brasileira (Nitro Quimica) 
requested that the Department revoke the antidumping duty order on 
industrial nitrocellulose from Brazil through a changed circumstances 
review. According to Nitro Quimica, revocation is warranted because of 
``lack of interest'' on behalf of the U.S. industry. Specifically, 
Nitro Quimica asserts that no domestic producer of industrial 
nitrocellulose currently exists. Nitro Quimica contends 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 
nitrocellulose business to Green Tree on June 16, 2001. Nitro Quimica 
further contends that Green Tree closed its U.S. production facility on 
or about November 26, 2003. See Nitro Quimica December 31, 2003 letter 
at Attachment 3.
    On February 12, 2004, Wolff Cellulosics GmbH (Wolff) asserted that 
the Department should revoke the order on industrial nitrocellulose 
from Germany because there is no U.S. producer of industrial 
nitrocellulose. Wolff argued that the Department should make revocation 
of the order on industrial nitrocellulose from Germany effective July 
1, 2003, which is earliest date for which there are entries that have 
not yet been the subject of a completed administrative review. Wolff 
contended that Green Tree, the sole producer of the domestic like 
product, has ceased production and no longer maintains the capacity to 
produce industrial nitrocellulose. See Wolff's February 12, 2004 letter 
at Exhibits A and B. On February 25, 2004, the Department initiated a 
changed circumstances review with respect to the order on industrial 
nitrocellulose from Brazil (69 FR 8626, February 25, 2004).
    On March 9, 2004, the Valspar Corporation (Valspar) requested that 
the Department revoke the antidumping duty orders on industrial 
nitrocellulose from France, Germany, Korea, Japan, the PRC, and the UK. 
Valspar asserts that cessation of production of the domestic like 
product constitutes ``lack of interest'' by the domestic industry in 
the continuation of the antidumping duty

[[Page 52232]]

orders. See Valspar's March 9, 2004 letter, at pages 1-2.
    On March 23, 2004, Bergerac NC and its affiliated U.S. importer 
SNPF North America, LLC (collectively BNC) requested that the 
Department revoke the order on industrial nitrocellulose from France. 
BNC asserts that the cessation of production of the domestic like 
product constitutes ``lack of interest'' by the domestic industry in 
the order on industrial nitrocellulose from France.
    On April 5, 2004, the Department initiated changed circumstances 
reviews of the antidumping orders on industrial nitrocellulose from 
France, Germany, Korea, Japan, the PRC, and the UK (69 FR 17643, April 
5, 2004). On April 23, 2004, Wolff filed additional comments supporting 
its request for revocation of the order on industrial nitrocellulose 
from Germany.
    On May 3, 2004, counsel for petitioners informed the Department 
that (1) Green Tree had located no buyer for its nitrocellulose 
production facility, (2) Green Tree did not anticipate finding such a 
buyer within the foreseeable future, and (3) Green Tree did not 
anticipate that either Green Tree or a successor-in-interest to Green 
Tree would resume production of industrial nitrocellulose within a 
determinable time frame. Accordingly, Green Tree acknowledged that it 
is no longer in a position to oppose revocation of the antidumping 
orders on industrial nitrocellulose from Brazil, France, Germany, 
Korea, Japan, the PRC, and the UK. See May 3, 2004 Memorandum from 
Michael J. Heaney to the File.
    On June 17, 2004, we published Industrial Nitrocellulose from 
Brazil, France, Germany, Korea, Japan, the People's Republic of China, 
and the United Kingdom: Notice of Preliminary Results of Changed 
Circumstances Review and Intent to Revoke Antidumping Duty Orders, 69 
FR 33884 (Preliminary Results). In the Preliminary Results, we 
announced our intent to revoke the antidumping orders on industrial 
nitrocellulose from Brazil, Germany, Korea, Japan, the PRC, and the UK 
effective July 1, 2003. We also announced in those Preliminary Results 
our intent to revoke the antidumping duty order on industrial 
nitrocellulose from France effective August 1, 2003. We received no 
comments from interested parties concerning these Preliminary Results.
    On July 14, 2004, Wolff filed a letter reiterating its position 
that the order on industrial nitrocellulose from Germany should be 
revoked effective July 1, 2003.

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.

Final Results of Changed Circumstances Antidumping Duty Administrative 
Reviews

    Having received no comments in objection to the analysis presented 
in our Preliminary Results, we are revoking the antidumping duty orders 
on industrial nitrocellulose from Brazil, Germany, Korea, Japan, the 
PRC, and the UK effective July 1, 2003. Additionally, we are revoking 
the antidumping duty order on industrial nitrocellulose from France 
effective August 1, 2003.

Instructions to Customs

    In accordance with section 351.222 of the Department's Regulations, 
the Department will instruct U.S. Customs and Border Protection (CBP) 
to terminate the suspension of liquidation and to liquidate, without 
regard to antidumping duties, all unliquidated entries of industrial 
nitrocellulose from Brazil, Germany, Korea, Japan, the PRC, and the UK 
effective July 1, 2003. Additionally, the Department will instruct CBP 
to terminate the suspension of liquidation and to liquidate, without 
regard to antidumping duties, all unliquidated entries of industrial 
nitrocellulose from France effective August 1, 2003. The Department 
will further instruct CBP to refund with interest any estimated duties 
collected with respect to unliquidated entries of industrial 
nitrocellulose from Brazil, Germany, Korea, Japan, the PRC, and the UK, 
entered, or withdrawn from warehouse, for consumption on or after July 
1, 2003, in accordance with section 778 of the Act. The Department will 
additionally instruct CBP to refund with interest any estimated duties 
collected with respect to unliquidated entries of industrial 
nitrocellulose from France entered, or withdrawn from warehouse, for 
consumption on or after August 1, 2003.

Notification

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.306 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 sanctionable 
violation.
    This notice of final results of changed circumstances review and 
revocation of the antidumping duty order is in accordance with sections 
751(b) and (d), and 777(I)(1) of the Act and 351.216(d) and 351.222(g) 
of the Department's regulations.

    Dated: August 18, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-1926 Filed 8-24-04; 8:45 am]
BILLING CODE 3510-DS-S