[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