[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28278-28279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2467]



[[Page 28278]]

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DEPARTMENT OF COMMERCE

International Trade Administration

(A-401-808)


Notice of Final Determination of Sales at Less Than Fair Value: 
Purified Carboxymethylcellulose From Sweden

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 27, 2004, the Department of Commerce published the 
preliminary determination in the antidumping duty investigation of 
purified carboxymethylcellulose (CMC) from Sweden. See Notice of 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination: Purified Carboxymethylcellulose 
From Sweden, 69 FR 77213 (``Preliminary Determination''). The period of 
investigation (POI) is April 1, 2003, through March 31, 2004. The 
mandatory respondent, Noviant AB, did not respond to Sections B and C 
of the Department's questionnaire. Accordingly, we based the 
preliminary determination on adverse facts available, and applied the 
highest estimated dumping margin set forth in the notice of initiation. 
We gave interested parties an opportunity to comment on the preliminary 
determination, but no comments were received and no hearing was 
requested. Therefore, we have made no changes from the preliminary 
determination that CMC was sold in the United States at less than fair 
value (LTFV) during the period of investigation. The final weighted-
average dumping margins are listed below in the section entitled 
``Continuation of Suspension of Liquidation.''

EFFECTIVE DATE: May 17, 2005.

FOR FURTHER INFORMATION CONTACT: Helen M. Kramer at 202-482-0405 or 
Abdelali Elouaradia at 202-482-1374, AD/CVD Operations, Office 7, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Period of Investigation

    The POI corresponds to the four most recent fiscal quarters prior 
to the filing of the petition, April 1, 2003, through March 31, 2004. 
See 19 CFR 351.204(b)(1).

Scope of Investigation

    For purposes of this investigation, the products covered are all 
purified carboxymethylcellulose (CMC), sometimes also referred to as 
purified sodium CMC, polyanionic cellulose, or cellulose gum, which is 
a white to off-white, non-toxic, odorless, biodegradable powder, 
comprising sodium carboxymethylcellulose that has been refined and 
purified to a minimum assay of 90 percent. Purified CMC does not 
include unpurified or crude CMC, CMC Fluidized Polymer Suspensions, and 
CMC that is cross-linked through heat treatment. Purified CMC is CMC 
that has undergone one or more purification operations which, at a 
minimum, reduce the remaining salt and other by-product portion of the 
product to less than ten percent.
    The merchandise subject to this investigation is classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) at subheading 
3912.31.00. This tariff classification is provided for convenience and 
customs purposes; however, the written description of the scope of this 
investigation is dispositive.

Final Determination

    The Department of Commerce (the Department) has determined that 
purified carboxymethylcellulose (CMC) from Sweden is being sold, or is 
likely to be sold, in the United States at less than fair value (LTFV), 
as provided in section 735 of the Tariff Act of 1930, as amended (``the 
Act''). The final weighted-average dumping margins are listed below in 
the section entitled ``Continuation of Suspension of Liquidation.''

Use of Facts Otherwise Available

    As explained in the Preliminary Determination, because Noviant AB 
failed to respond to our request for information that is necessary to 
calculate the dumping margin, we have found that the company failed to 
cooperate to the best of its ability. Therefore, pursuant to section 
776(b) of the Act, we have used an adverse inference in selecting from 
the facts available for the margin for this company.
    As adverse facts available, we have applied the highest estimated 
dumping margin set forth in the notice of initiation, which is the 
margin alleged in the petition, adjusted by the Department for currency 
conversion. Section 776(c) of the Act provides that the Department 
shall, to the extent practicable, corroborate secondary information 
used for facts available by reviewing independent sources reasonably at 
its disposal. Information from the petitioner constitutes secondary 
information. The Statement of Administrative Action accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1, at 870 (1994), 
provides that the word ``corroborate'' means that the Department will 
satisfy itself that the secondary information to be used has probative 
value. We examined the key elements of the export price and normal 
value calculations on which the margin in the petition was based. We 
found that the estimated margin has probative value, adjusted by the 
Department for currency conversion. See Memorandum to the File from 
Helen M. Kramer, International Trade Compliance Analyst, Re: 
Preliminary Determination in the Antidumping Investigation of Purified 
Carboxymethylcellulose (CMC) from Sweden: Total Facts Available 
Corroboration Memorandum, dated December 16, 2004. Furthermore, there 
is no information on the record that demonstrates that the rate we have 
selected is an inappropriate total adverse facts available rate for the 
company in question. Accordingly, we find that the highest margin based 
on that information, 25.29 percent, is corroborated within the meaning 
of section 776(c) of the Act. Therefore, we consider the selected rate 
to have probative value with respect to Noviant AB and to reflect the 
appropriate adverse inference.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B)(ii) of the Act, we are 
directing U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of purified CMC from Sweden that are 
entered, or withdrawn from warehouse, for consumption on or after 
December 27, 2004, the date of publication of the Preliminary 
Determination in the Federal Register. CBP shall continue to require a 
cash deposit or the posting of a bond equal to the weighted-average 
amount by which the normal value exceeds the export price, as indicated 
in the chart below. These suspension-of-liquidation instructions will 
remain in effect until further notice.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Noviant AB..........................................               25.29
All Others..........................................               25.29
------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the

[[Page 28279]]

International Trade Commission (``ITC'') of our determination. As our 
final determination is affirmative, the ITC will, within 45 days, 
determine whether these imports are materially injuring, or threatening 
material injury to, the U.S. industry. If the ITC determines that 
material injury, or threat of material injury, does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.
    This determination is issued and published pursuant to 
sections)735(d) and 777(i)(1) of the Act.

    Dated: May 10, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2467 Filed 5-16-05; 8:45 am]
BILLING CODE 3510-DS-S