Industrial Nitrocellulose From the United Kingdom, Amended Final Results of Antidumping Duty Administrative Review

Federal RegisterMar 10, 1999

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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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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