[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28279-28280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2469]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-405-803)


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

AGENCY: AGENCY: Import Administration, International Trade 
Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
purified carboxymethylcellulose (CMC) from Finland is being, or is 
likely to be, sold in the United States at less than fair value, as 
provided in section 735 of the Tariff Act of 1930, as amended (the 
Tariff Act). 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: Brian J. Sheba, or Robert M. James, 
AD/CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone (202) 482-0145 
or (202) 482-0469 respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the preliminary determination of this 
investigation (see Notice of Preliminary Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination: Purified 
Carboxymethylcellulose From Finland, 69 FR 77216 (December 27, 2004) 
(Preliminary Determination), the following events have occurred.
    On January 28, 2005, we received a case brief from Aqualon Company 
(the petitioner) and on February 2, 2005, we received a rebuttal brief 
from Noviant OY (Noviant). Noviant did not file a case brief. 
Petitioner withdrew its request for a public hearing on March 4, 2005.

Scope of the 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.

Period of Investigation

    The period of investigation (POI) is April 1, 2003, through March 
31, 2004. See 19 CFR 351.204(b)(1).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the ``Issues and Decision 
Memorandum for the Final Determination in the Antidumping Duty 
Investigation of Purified Carboxymethylcellulose from Finland'' from 
Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for 
Import Administration, dated May 10, 2005 (Decision Memorandum), which 
is hereby adopted by this notice. Attached to this notice as an 
appendix is a list of the issues which parties have raised and to which 
we have responded in the Decision Memorandum. Parties can find a 
complete discussion of all issues raised in this investigation and the 
corresponding recommendations in this public memorandum which is on 
file in the Department's Central Records Unit (CRU). In addition, a 
complete version of the Decision Memorandum 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 Memorandum are identical in content.

Adverse Facts Available

    For the final determination, the Department continues to find that 
Noviant, a producer and exporter of purified CMC from Finland, and 
mandatory respondent in these proceedings, did not act to the best of 
its ability by failing to provide information requested by the 
Department. Thus, the Department continues to find the use of adverse 
facts available (AFA) is warranted under section 776(a)(2) of the 
Tariff Act. See Preliminary Determination at 77217 - 77219.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Tariff Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all imports of subject merchandise from Finland 
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 (NV) exceeds the export price (EP) or 
constructed export price (CEP), 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 OY..........................................                6.65

[[Page 28280]]

 
All Others..........................................                6.65
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ITC Notification

    In accordance with section 735(d) of the Tariff Act, we have 
notified the 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 pursuant to 
section 736(a) of the Act.

Notification Regarding APOs

    This notice also serves as the only reminder to parties subject to 
the administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO material or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulation and the terms of an APO is a sanctionable 
violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: May 10, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I: List of Comments in the Issues and Decision Memorandum

1. Selection of Adverse Facts Available Margin
[FR Doc. E5-2469 Filed 5-16-05; 8:45 am]
BILLING CODE 3510-DS-S