[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 11836-11837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5944]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-412-803]
Industrial Nitrocellulose From the United Kingdom, Amended Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative review.
-----------------------------------------------------------------------
SUMMARY: On February 10, 1999, the Department of Commerce (the
Department) published the final results of its administrative review of
the antidumping duty order on industrial nitrocellulose (INC) from the
United Kingdom. The review covers 1 manufacturer/exporter, and the
period July 1, 1996, through June 30, 1997. Based on our analysis of a
clerical error comment received, we determine the dumping margin for
the reviewed manufacturer/exporter, Imperial Chemical Industries PLC
(ICI), has changed.
EFFECTIVE DATE: March 10, 1999.
FOR FURTHER INFORMATION CONTACT: Todd Peterson or Thomas Futtner,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-
4195, or 482-3814, respectively.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to 19 CFR
Part 351 (62 FR 27296, May 19, 1997).
Background
On February 10, 1999, the Department published the final results
(64 FR 6609) of its administrative review of the antidumping duty order
on industrial nitrocellulose from the United Kingdom. The Department
has now amended its final results in accordance with section 751 of the
Act.
Scope of the 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 System (HTS)
subheading 3912.20.00. While the HTS item number is provided for
convenience and Customs purposes, the written description remains
dispositive as to the scope of the product coverage.
Analysis of Comments Received
After publication of our final results, we received an allegation
of ministerial error from the respondent that the Department agrees is
a ministerial error and has corrected. According to the respondent, the
Department's coding of a variable cost of manufacture in the SAS model
match program did not function as intended which resulted in an
improper calculation of adjustments for differences in merchandise. See
memorandum to the file dated March 3, 1999, for a detailed description
of the adjustment made.
[[Page 11837]]
Final Results of Review
As a result of the clerical error comment received, we have revised
our final results and determine that the following margins exist for
the period July 1, 1996, through June 30, 1997:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Imperial Chemical PLC...................................... 13.00
------------------------------------------------------------------------
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. The Department
will issue appraisement instructions concerning all respondents
directly to the U.S. Customs Service. For assessment purposes, we have
calculated an importer-specific duty assessment rate based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of the same sales. The rate will be
assessed uniformly on all entries of that particular company made
during the POR.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(1) of the Act: (1) the cash deposit rates for the reviewed firms
will be the rates indicated above; (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 LTFV investigation, but the manufacturer
is, the cash deposit rate will be the rate established for the most
recent period for the manufacturer of the merchandise; and (4) if
neither the exporter nor the manufacturer is a firm covered in this or
any previous review conducted by the Department or the LTFV
investigation, the cash deposit rate will be 11.13 percent, the all
others rate from the LFTV investigation.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice 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 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.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of the APO is a sanctionable
violation.
This administrative review and notice are in accordance with
section 751(a)(1) and 777(i)(1) of the Act.
Dated: March 3, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-5944 Filed 3-9-99; 8:45 am]
BILLING CODE 3510-DS-P
