[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
[Notices]
[Pages 60302-60303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29851]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-805]
Industrial Nitrocellulose From the Republic of Korea; Notice of
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Antidumping Duty Administrative
Review.
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SUMMARY: On July 10, 1998, the Department of Commerce (the Department)
published the preliminary results of its administrative review of the
antidumping duty order on industrial nitrocellulose (INC) from the
Republic of Korea (Korea). This review covers one manufacturer/exporter
of the subject merchandise to the United States during the period July
1, 1996, through June 30, 1997.
We gave interested parties an opportunity to comment on our
preliminary results. Based on our analysis of the comments received, we
have changed the final results from those presented in the preliminary
results.
EFFECTIVE DATE: November 9, 1998.
FOR FURTHER INFORMATION CONTACT:
Todd Peterson or Thomas Futtner, 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).
SUPPLEMENTARY INFORMATION:
Background
On July 10, 1998, the Department published in the Federal Register
(63 FR 37329) the preliminary results of the administrative review of
the antidumping order on industrial nitrocellulose (INC) from Korea, 55
FR 28267 (July 10, 1990). On August 10, 1998, we received a case brief
from Daesang Corporation (respondent) as well as comments from Hercules
Incorporated (petitioner). Based on our analysis of the comments
received, we changed the final results from those presented in the
preliminary results.
Scope of Review
Imports covered by this review are shipments of INC from Korea. 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. This review covers
one manufacturer/exporter of industrial nitrocellulose, Daesang
Corporation, and period July 1, 1996, through June 30, 1997.
Analysis of Comments Received
Comment 1
Daesang states that the Department made a clerical error in its
preliminary results computer programming by erroneously adding both the
commission offset (OFFSETU) and U.S. indirect selling expenses
(INDEXUS) in its calculation of foreign net price expressed in dollars
(FUPDOL). Daesang states that OFFSETU correctly accounted for home
market commissions on two of the three matching control numbers
(CONNUMs) for the U.S. sales, which had no commissions. Adding the
variable INDEXUS in the calculation of FUPDOL would lead to a double
counting of the commission offset. While petitioner did not comment on
this specific issue, petitioner supports the Department's Preliminary
Determination.
Department's Position
We agree with Daesang Corporation that home market commissions or
U.S. indirect selling expenses, whichever is less, have been accounted
for in U.S. offsets (OFFSETU) applied to FUPDOL, and have revised our
programming language accordingly for these final results.
Final Results of the Review
As a result of our review, we determine that the following margin
exists:
[[Page 60303]]
Daesang Corporation.......................................... 2.1
The Department shall determine, and the Customs Services shall
assess, antidumping duties on all appropriate entires. Individual
differences between export price and normal value may vary from the
percentage stated above. 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 rates will be assessed uniformly on all entries of
that particular company made during the POR. The Department will issue
appraisement instructions directly to the Customs Service.
The following deposit requirements will be effective upon
publication of this notice of final results of review for all shipments
of industrial nitrocellulose from Korea entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit
rate for the reviewed company will be the rate listed 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 less-than fair-
value (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) for all other producers and/or
exporters of this merchandise, the cash deposit rate shall be 66.30
percent, the ``all others'' rate established in the LTFV investigation
(55 FR 21055, May 22, 1990). 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
reponsibility 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 doubled antidumping duties.
This notice also serves as the only 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 353.32 of the Department's regulations.
Timely notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 30, 1998.
Robert S. LaRussa,
Assistant Secretary, Import Administration.
[FR Doc. 98-29851 Filed 11-6-98; 8:45 am]
BILLING CODE 3510-DS-M