[Federal Register: February 25, 2004 (Volume 69, Number 37)]
[Notices]
[Page 8626-8627]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe04-41]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-804]
Industrial Nitrocellulose From Brazil: Notice of Initiation of
Changed Circumstances Review and Consideration of Revocation of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of changed circumstances review.
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SUMMARY: In accordance with 19 CFR 351.216(b), Nitro Quimica
Brasileira, a Brazilian exporter of subject merchandise and an
interested party in this proceeding, filed a request for a changed
circumstances review of the antidumping duty order on industrial
nitrocellulose from Brazil, as described below. In response to this
request, the Department of Commerce is initiating a changed
circumstances review of the antidumping duty order on industrial
nitrocellulose from Brazil.
EFFECTIVE DATE: February 25, 2004.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Enforcement Group III, 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 July 10, 1990, the Department published in the Federal Register
the antidumping duty order on industrial nitrocellulose from Brazil.
See Antidumping Duty Order: Industrial Nitrocellulose From Brazil, 55
FR 28266 (July 10, 1990). On December 31, 2003, Nitro Quimica
Brasileira (Nitro Quimica), a Brazilian exporter of subject merchandise
and an interested party in this proceeding, requested that the
Department revoke the antidumping duty order on industrial
nitrocellulose from Brazil through a changed circumstances review.
According to Nito Quimica, revocation is warranted because of ``lack of
interest'' on behalf of the U.S. industry. Specifically, Nitro Quimeca
asserts that no domestic producer of industrial nitrocellulose
currently exists. Nitro Quimica asserts 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
[[Page 8627]]
nitrocellulose business to Green Tree Chemical Technologies (Green
Tree) on June 16, 2001. Nitro Quimica further contends that Green Tree
has closed its U.S. production facility on about November 26, 2003.
(See Nitro Quimica December 31, 2003 letter at Attachment 3.) Nitro
Quimica asserts that the effective date of the revocation should be
``retroactive to the date on which Green Tree ceased its U.S.
production'' (Nitro Quimica December 31, 2003 letter at page 2).
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.
Initiation of Changed Circumstances Review
Pursuant to section 782(h)(2) of the Tariff Act of 1930, as amended
(the Tariff Act), the Department may revoke an antidumping or
countervailing duty order based on a review under section 751(b) of the
Tariff Act (i.e., a changed circumstances review). Section 751(b)(1) of
the Tariff Act requires a changed circumstances review to be conducted
upon receipt of a request which shows changed circumstances sufficient
to warrant a review. 19 CFR 351.222(g) provides that the Department
will conduct a changed circumstances review under 19 CFR 351.216 and
may revoke an order (in whole or in part) if it determines that
producers accounting for substantially all of the production of the
domestic like product to which the order (or the part of the order to
be revoked) pertains have expressed a lack of interest in the relief
provided by the order, in whole or in part, or if changed circumstances
exist sufficient to warrant revocation.
In this case, the Department finds that the information submitted
provides sufficient evidence of changed circumstances to warrant a
review. Given Nitro Quimica's assertions, we will consider whether
there is interest in continuing the order on the part of the U.S.
industry.
Interested parties may submit comments for consideration in the
Department's preliminary results. (These comments may include the
effective date proposed by Nitro Quimica for revocation of this order.)
The due date for filing any such comments is no later than 20 days
after publication of this notice. Responses to those comments may be
submitted not later than 10 days following submission of the comments.
All written comments must be submitted in accordance with 19 CFR
351.303, and must be served on all interested parties on the
Department's service list in accordance with 19 CFR 351.303.
The Department will publish in the Federal Register a notice of
preliminary results of changed circumstances review, in accordance with
19 CFR 351.221(c)(3)(i), which will set forth the factual and legal
conclusions upon which our preliminary results are based, and a
description of any action proposed based on those results. The
Department will also issue its final results of review within 270 days
after the date on which the changed circumstances review is initiated,
in accordance with 19 CFR 351.216(e), and will publish these results in
the Federal Register.
While the changed circumstances review is underway, the current
requirement for a cash deposit of estimated antidumping duties on all
subject merchandise will continue unless and until it is modified
pursuant to the final results of this changed circumstances review.
This notice is in accordance with sections 751(b)(1) of the Act and
19 CFR 351.216 and 351.222.
Dated: February 19, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-4142 Filed 2-24-04; 8:45 am]