[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 <greek-i>1)
Comment 2: Changes in Inventory (Cost Adjustment <greek-i>2)
Comment 3: Cost Adjustment <greek-i>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