[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Notices]
[Pages 71085-71087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23281]
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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 July 21, 2005, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on furfuryl alcohol from Thailand. The period of review is
July 1, 2003, through June 30, 2004. The final results do not differ
from the preliminary results of this review, in which we found that
sales of the subject merchandise have not been made below normal value.
We will instruct the U.S. Bureau of Customs and Border Protection not
to assess antidumping duties on the subject merchandise exported by
this company.
EFFECTIVE DATE: November 25, 2005.
FOR FURTHER INFORMATION CONTACT: Andrew Smith or Brandon Farlander, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1276 and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the July 21, 2005, publication of the preliminary results in
this review (see Notice of Preliminary Results of Antidumping Duty
Administrative Review: Furfuryl Alcohol from Thailand, 70 FR 42029
(July 21, 2005) (``Preliminary Results'')), the following events have
occurred:
We invited parties to comment on the Preliminary Results of the
review. On August 22, 2005, the respondent, Indorama Chemicals
(Thailand) Ltd. (``IRCT''), and the petitioner, Penn Specialty
Chemicals, Inc. (``petitioner''), each filed case briefs. On August,
29, 2005, the respondent and petitioner each filed rebuttal briefs. On
October 27, 2005, the Department rejected the petitioner's case brief
and IRCT's rebuttal brief on the basis that these briefs contained new
factual
[[Page 71086]]
information. The deadline for submission of new factual information was
October 20, 2004. On November 2, 2005, the petitioner and IRCT each
filed a new case brief and rebuttal brief, respectively, absent the
information the Department deemed to be new information.
Scope of the Order
The merchandise covered by this order 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.
Period of Review
The period of review is July 1, 2003, through June 30, 2004.
Analysis of Comments Received
All issues raised in the case brief filed by parties to this review
are addressed in the ``Issues and Decision Memorandum for 2003-2004
Administrative Review of Furfuryl Alcohol from Thailand'' from Stephen
J. Claeys, Deputy Assistant Secretary for Import Administration to
Joseph A. Spetrini, Acting Assistant Secretary for Import
Administration, dated November 18, 2005 (``Decision Memo''), which is
hereby adopted by this notice. Attached to this notice as an appendix
is a list of the issues that parties have raised and to which we have
responded in the Decision Memo. Parties can find a complete discussion
of all issues raised in this review and the corresponding
recommendations in this public memorandum, which is on file in the
Department of Commerce's (``the Department'') Central Records Unit,
located in Room B-099 of the main Department building (``CRU''). In
addition, a complete version of the Decision Memo can be accessed
directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper
copy and electronic version of the Decision Memo are identical in
content.
Fair Value Comparisons
To determine whether sales of furfuryl alcohol by IRCT to the
United States were made at less than normal value (``NV''), we compared
export price (``EP'') to NV. Our calculations followed the
methodologies described in the Preliminary Results, except as noted
below and in the final results calculation memorandum cited below,
which is on file in the CRU.
Export Price
We calculated EP in accordance with section 772(a) of the Tariff
Act of 1930, as amended (``the Act''), because the merchandise was sold
to the first unaffiliated purchaser in the United States prior to
importation by the exporter/producer outside the United States and
because constructed export price methodology was not otherwise
warranted. We calculated EP based on the same general methodology
described in the Preliminary Results.
Normal Value
Except as noted below, we used the same methodology as that
described in the Preliminary Results to determine the cost of
production and the NV. As discussed in the Decision Memo, we used
IRCT's reported interest expense ratio in these final calculations.
Changes from the Preliminary Results
Based on our review of the comments received, we have made certain
changes to the calculations for the final results. Specifically, we re-
calculated the cost of manufacture, general and administrative
expenses, duty drawback adjustment, and U.S. packing expense for the
final results. These changes are discussed in the Decision Memo and in
the final results calculation memorandum. See ``Final Results
Calculation Memorandum for Indorama Chemicals (Thailand) Ltd.,'' dated
November 18, 2005, which is on file in the CRU.
Final Results of the Review
We determine that the following margin percentage exists for the
period July 1, 2003, through June 30, 2004:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer margin percentage
------------------------------------------------------------------------
Indorama Chemicals (Thailand) Ltd................... 0.00
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have
calculated exporter/importer (or customer)-specific assessment rates
for merchandise subject to this review. To determine whether the duty
assessment rate is de minimis, in accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we calculated importer-specific (or
customer-specific) ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to that importer (or customer) and
dividing this amount by the total value of the sales to that importer
(or customer). Where an importer-specific (or customer-specific) ad
valorem rate is greater than de minimis, we calculated a per-unit
assessment rate by aggregating the dumping margins calculated for all
U.S. sales to that importer (or customer) and dividing this amount by
the total quantity sold to that importer (or customer).
The Department will issue appropriate assessment instructions
directly to CBP within 15 days of publication of these final results of
review.
Cash Deposit Rates
The following antidumping duty deposits will be required on all
shipments of furfuryl alcohol from Thailand entered, or withdrawn from
warehouse, for consumption, effective on or after the publication date
of the final results of this administrative review, as provided by
section 751(a)(1) of the Act: (1) the cash deposit rate for the
reviewed company will be the rate listed above (except no cash deposit
will be required if a company's weighted-average margin is de minimis,
i.e., less than 0.5 percent); (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, the
previous review, or the original 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 reviews, the cash deposit rate will be 7.82 percent, the
``all others'' rate established in Furfuryl Alcohol from Thailand:
Notice of Amended Final Antidumping Duty Determination and Order, 60 FR
38035 (July 25, 1995). These cash deposit requirements shall remain in
effect until publication of the final results of the next
administrative review. See section 751(a)(2)(C) of the Act.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a
[[Page 71087]]
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.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
Administrative Protective Order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a violation which is
subject to sanctions.
We are issuing and publishing these results and this notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX I
List of Comments in the Issues and Decision Memorandum
Comment 1: Certain Loss Related to General and Administrative Expenses
(Cost Adjustment 1)
Comment 2: Changes in Inventory (Cost Adjustment 2)
Comment 3: Cost Adjustment 3
Comment 4: Financial Expenses
Comment 5: Technical Services Adjustment
Comment 6: Duty Drawback
Comment 7: Packing Costs
[FR Doc. 05-23281 Filed 11-23-05; 8:45 am]
BILLING CODE 3510-DS-S