|
INCOME TAXES (Tables)
|
12 Months Ended |
|
Dec. 31, 2012
|
| INCOME TAXES |
|
| Schedule of income before taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
Years Ended December 31, |
|
|
(In thousands) |
|
2012 |
|
2011 |
|
2010 |
|
|
U.S. operations |
|
$ |
175,992 |
|
$ |
48,855 |
|
$ |
32,381 |
|
|
Foreign operations |
|
|
1,792 |
|
|
4,685 |
|
|
11,576 |
|
| |
|
|
|
|
|
|
|
|
Total |
|
$ |
177,784 |
|
$ |
53,540 |
|
$ |
43,957 |
|
| |
|
|
|
|
|
|
|
|
| Schedule of provision for (benefit from) income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
Years Ended December 31, |
|
|
(In thousands) |
|
2012 |
|
2011 |
|
2010 |
|
|
Current income taxes: |
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
63,466 |
|
$ |
17,200 |
|
$ |
9,793 |
|
|
State |
|
|
6,739 |
|
|
1,657 |
|
|
1,587 |
|
|
Foreign |
|
|
(4,519 |
) |
|
(19,312 |
) |
|
(8,182 |
) |
| |
|
|
|
|
|
|
|
|
Total current |
|
|
65,686 |
|
|
(455 |
) |
|
3,198 |
|
| |
|
|
|
|
|
|
|
|
Deferred income taxes: |
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
(11,713 |
) |
|
(3,540 |
) |
|
(1,838 |
) |
|
State |
|
|
3,251 |
|
|
(172 |
) |
|
(81 |
) |
|
Foreign |
|
|
(1 |
) |
|
(50 |
) |
|
- |
|
| |
|
|
|
|
|
|
|
|
Total deferred |
|
|
(8,463 |
) |
|
(3,762 |
) |
|
(1,919 |
) |
| |
|
|
|
|
|
|
|
|
Provision for (benefit from) income taxes |
|
$ |
57,223 |
|
$ |
(4,217 |
) |
$ |
1,279 |
|
| |
|
|
|
|
|
|
|
|
| Reconciliation of the effective income tax rate and the U.S. statutory federal income tax rate |
|
|
|
|
|
|
|
|
|
|
|
|
|
Years Ended December 31, |
|
|
|
2012 |
|
2011 |
|
2010 |
|
|
|
|
|
35.0 |
% |
|
35.0 |
% |
|
35.0 |
% |
|
State and local income taxes, net of federal benefit |
|
|
3.7 |
|
|
2.3 |
|
|
1.8 |
|
|
Difference between U.S. and foreign tax rates |
|
|
- |
|
|
0.4 |
|
|
(2.3 |
) |
|
Tax credits |
|
|
(1.3 |
) |
|
- |
|
|
- |
|
|
Domestic manufacturing deduction |
|
|
(2.8 |
) |
|
(3.3 |
) |
|
(2.2 |
) |
|
Non-deductible compensation |
|
|
0.2 |
|
|
0.6 |
|
|
0.5 |
|
|
Percentage depletion |
|
|
(0.4 |
) |
|
(1.5 |
) |
|
(1.9 |
) |
|
Debt restructuring activities |
|
|
- |
|
|
- |
|
|
1.6 |
|
|
Capitalized acquisition costs |
|
|
2.1 |
|
|
- |
|
|
- |
|
|
Change in valuation allowance |
|
|
0.3 |
|
|
0.9 |
|
|
(13.4 |
) |
|
Net change in unrecognized tax benefits |
|
|
(3.5 |
) |
|
(39.6 |
) |
|
(17.3 |
) |
|
Other, net |
|
|
(1.1 |
) |
|
(2.7 |
) |
|
1.1 |
|
| |
|
|
|
|
|
|
|
|
Effective income tax rate |
|
|
32.2 |
% |
|
(7.9 |
)% |
|
2.9 |
% |
| |
|
|
|
|
|
|
|
|
| Schedule of major items of net deferred tax liability |
|
|
|
|
|
|
|
|
|
|
As of December 31, |
|
|
(In thousands) |
|
2012 |
|
2011 |
|
|
Deferred tax assets: |
|
|
|
|
|
|
|
|
Receivables |
|
$ |
2,817 |
|
$ |
1,416 |
|
|
Inventories |
|
|
4,440 |
|
|
4,051 |
|
|
Net operating loss carryforwards |
|
|
4,258 |
|
|
11,596 |
|
|
Employee compensation |
|
|
10,789 |
|
|
7,762 |
|
|
Accrued liabilities |
|
|
5,420 |
|
|
3,986 |
|
|
Tax credits |
|
|
24,338 |
|
|
24,548 |
|
|
Environmental |
|
|
2,683 |
|
|
2,254 |
|
|
Property, plant and equipment—foreign |
|
|
91,255 |
|
|
80,707 |
|
|
Pension |
|
|
19,990 |
|
|
15,872 |
|
|
Other deferred tax assets |
|
|
1,181 |
|
|
1,357 |
|
| |
|
|
|
|
|
|
Total deferred tax assets |
|
|
167,171 |
|
|
153,549 |
|
|
Valuation allowance |
|
|
(105,286 |
) |
|
(101,267 |
) |
| |
|
|
|
|
|
|
Total deferred tax assets, net of valuation allowance |
|
|
61,885 |
|
|
52,282 |
|
|
Deferred tax liability: |
|
|
|
|
|
|
|
|
Property, plant and equipment—domestic |
|
|
(111,958 |
) |
|
(113,767 |
) |
|
Intangible assets |
|
|
(32,917 |
) |
|
(32,610 |
) |
|
Other |
|
|
- |
|
|
(3,066 |
) |
|
Debt restructuring |
|
|
(50,617 |
) |
|
(50,338 |
) |
|
Foreign currency translation gain |
|
|
(19,088 |
) |
|
(15,207 |
) |
| |
|
|
|
|
|
|
Total deferred tax liability |
|
|
(214,580 |
) |
|
(214,988 |
) |
| |
|
|
|
|
|
|
Net deferred tax liability |
|
$ |
(152,695 |
) |
$ |
(162,706 |
) |
| |
|
|
|
|
|
|
| Schedule of jurisdictional amount of NOLs and the years in which they will expire |
The jurisdictional amount of NOLs as of December 31, 2012, and the years in which they will expire, are as follows (in thousands):
|
|
|
|
|
|
| Jurisdiction |
|
NOL Amount |
|
Year of Expiration |
|
U.S. state |
|
$ |
1,654 |
|
2013-2031 |
|
Canada federal |
|
|
23,738 |
|
2027-2029 |
|
Canada provincial |
|
|
1,196 |
|
2028-2029 |
|
| Schedule of tax credits that expire over varying amounts and periods |
As of December 31, 2012, we had U.S. state and foreign tax credit carryovers. These tax credits expire over varying amounts and periods as follows (in thousands):
|
|
|
|
|
|
| Jurisdiction |
|
Tax credit
Carryover
Amount |
|
Year of
Expiration |
|
U.S. state tax credits (gross of federal benefit) |
|
$ |
21,936 |
|
indefinite |
|
Foreign tax credits |
|
|
10,079 |
|
2018-2030 |
|
| Schedule of the tax years that remain subject to examination by major tax jurisdiction |
|
|
|
| Tax Jurisdiction |
|
Open Years |
|
United States Federal |
|
2009-2012 |
|
Canada |
|
2008-2012 |
|
Various states |
|
2006-2012 |
|
| Reconciliation of the liability for unrecognized tax benefits |
|
|
|
|
|
|
|
|
|
|
|
|
|
2012 |
|
2011 |
|
2010 |
|
|
Balance as of beginning of the year |
|
$ |
28,884 |
|
$ |
53,315 |
|
$ |
58,458 |
|
|
Additions for current year tax positions |
|
|
311 |
|
|
210 |
|
|
3,329 |
|
|
Additions for prior year tax positions (including interest and penalties of $826, $1,533 and $1,522 for the years ended December 31, 2012, 2011 and 2010, respectively) |
|
|
1,508 |
|
|
1,533 |
|
|
1,626 |
|
|
Reductions for prior year tax positions |
|
|
(58 |
) |
|
(19,345 |
) |
|
(7,715 |
) |
|
Settlements |
|
|
(306 |
) |
|
(2,095 |
) |
|
(1,303 |
) |
|
Reductions related to expirations of statute of limitations |
|
|
(7,250 |
) |
|
(3,675 |
) |
|
(3,215 |
) |
|
Foreign currency translation |
|
|
398 |
|
|
(1,059 |
) |
|
2,135 |
|
| |
|
|
|
|
|
|
|
|
Balance as of the end of the year |
|
$ |
23,487 |
|
$ |
28,884 |
|
$ |
53,315 |
|
| |
|
|
|
|
|
|
|
|