[Federal Register: December 12, 2002 (Volume 67, Number 239)]
[Notices]
[Page 76380-76381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de02-30]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-812]
Notice of Final Results of Antidumping Duty Administrative
Review: Furfuryl Alcohol from Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2002, the Department of Commerce (the Department)
published the preliminary results of its administrative review of the
antidumping duty order on furfuryl alcohol from Thailand. This review
covers one producer/exporter of the subject merchandise, Indorama
Chemicals (Thailand) Limited (Indorama). The period of review (POR) is
July 1, 2000, through June 30, 2001. Based on comments received,
including the identification of certain ministerial errors, we have
made changes in the margin calculations. Therefore, the final results
differ from the preliminary results. The final weighted-average dumping
margin is listed below in the section entitled Final Results of Review.
EFFECTIVE DATE: December 12, 2002.
FOR FURTHER INFORMATION CONTACT: Tisha Loeper-Viti or Charles Riggle,
Office 5, Group II, AD/CVD Enforcement, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-7425 or (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
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 regulations are references
to the provisions codified at 19 CFR Part 351 (2001).
Background
On August 7, 2002, the Department published in the Federal Register
the preliminary results of the administrative review of the antidumping
duty order on furfuryl alcohol from Thailand. See Furfuryl Alcohol from
Thailand: Preliminary Results of Antidumping Duty Administrative
Review, 67 FR 51191 (Aug. 7, 2002). In response to the Department's
invitation to comment on the preliminary results of this review,
Indorama submitted comments on September 6, 2002. No other comments
were submitted, nor was a hearing requested.
Scope of Review
The merchandise covered by this review is furfuryl alcohol
(C4H3OCH2OH). Furfuryl alcohol is a primary alcohol, and is colorless
or pale yellow in appearance. It is used in the manufacture of resins
and as a wetting agent and solvent for coating resins, nitrocellulose,
cellulose acetate, and other soluble dyes.
The product subject to this order is classifiable under subheading
2932.13.00 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading is provided for convenience and
Customs purposes, our written description of the scope of this
proceeding is dispositive.
Analysis of Comment Received
The sole issue raised in Indorama's case brief is addressed in the
Issues and Decision Memorandum for the Final Results of the Antidumping
Duty Administrative Review: Furfuryl Alcohol from Thailand, from
Bernard T. Carreau, Deputy Assistant Secretary for Group II, Import
Administration, to Faryar Shirzad, Assistant Secretary for Import
Administration, dated December 5, 2002, (Decision Memorandum) which is
hereby adopted by this notice. The issue raised pertains to alleged
sales outside the ordinary course of trade and not sold in usual
commercial quantities. Parties can find a complete discussion of this
issue and the corresponding recommendations in this public memorandum,
which is on file in the Central Records Unit, room B-099 of the main
Commerce building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Internet at http://ia.ita.doc.gov/. The paper
copy and electronic version of the Decision Memorandum are identical in
content.
Final Results of Review
As a result of our review, we determine that the following
weighted-average percentage margin exists for the period July 1, 2000,
through June 30, 2001:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Indorama Chemicals (Thailand) Ltd. (Indorama)........ 0.43
------------------------------------------------------------------------
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), we have calculated importer-specific
assessment rates by dividing the dumping margin found on the subject
merchandise examined by the entered value of such merchandise. Where
the importer-specific assessment rate is above de minimis we will
instruct the Customs Service to assess antidumping duties on that
importer's entries of subject merchandise. The Department will issue
appropriate assessment instructions directly to the Customs Service
within 15 days of publication of these final results of review.
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 these
final results of administrative review, as provided by section 751(a)
of the Act: (1) for Indorama, because the margin is de minimis, no cash
deposit will be required, (2) for merchandise exported by manufacturers
or exporters not covered in this review but covered in a previous
segment of this proceeding, the cash deposit rate will continue to be
the company-specific rate published in the most recent final results in
which that manufacturer or exporter participated; (3) if the exporter
is not a firm covered in this review or in any previous segment of this
proceeding, but the manufacturer is, the cash deposit rate will be that
established for the manufacturer of the merchandise in these final
results of review or in the most recent segment of the proceeding in
which that manufacturer participated; and (4) if neither the
[[Page 76381]]
exporter nor the manufacturer is a firm covered in this review or in
any previous segment of this proceeding, the cash deposit rate will be
7.82 percent, the all-others rate established in the less-than-fair-
value investigation. These deposit requirements shall remain in effect
until publication of the final results of the next administrative
review.
This notice also serves as the 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 in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
December 5, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-31375 Filed 12-12-02; 8:45 am]