[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28280-28281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2470]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-201-834)


Notice of Final Determination of Sales at Less Than Fair Value: 
Purified Carboxymethylcellulose from Mexico

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 27, 2004, the U.S. Department of Commerce (the 
Department) published a preliminary determination in the antidumping 
duty investigation of purified carboxymethylcellulose (CMC) from Mexico 
(69 FR 77201). The petitioner is Aqualon Company (Aqualon or 
petitioner), a division of Hercules Incorporated. The respondent is 
Quimica Amtex S.A. de C.V. of Mexico (Amtex). We gave interested 
parties an opportunity to comment on the preliminary determination. No 
interested party submitted case briefs, and no hearing was held. Based 
upon the results of verification, we have made certain minor changes to 
the dumping calculations. We continue to find that purified CMC from 
Mexico is being, 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. 
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: Mark Flessner or Robert 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-
6312 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 16, 2004, the Department determined that purified CMC 
from Mexico is being, or is likely to be, sold in the United States at 
less than fair value, as provided in section 733(b) of the Tariff Act 
of 1930, as amended (the Act). See Preliminary Determination of Sales 
at Less Than Fair Value and Postponement of Final Determination: 
Purified Carboxymethylcellulose from Mexico, 69 FR 77201 (December 27, 
2004) (Preliminary Determination). The Department released disclosure 
materials to interested parties on December 22, 2004.
    From February 21, 2005, through February 25, 2005, the Department 
verified the questionnaire responses of Amtex. See Memorandum to the 
File, from Robert James and Mark Flessner, Office VII, ``Purified 
Carboxymethylcellulose from Mexico: Verification of Quimica Amtex, S.A. 
de C.V.,'' dated April 8, 2005 (Verification Report).
    On December 21, 2004, Amtex submitted a proposal for a suspension 
agreement in this investigation. On January 18, 2005, petitioner filed 
a letter expressing support for the Amtex proposal. The Department did 
not find that the circumstances surrounding this investigation 
warranted departing from the Department's normal course in concluding 
an investigation. (See Letter from Grant D. Aldonas, Under Secretary 
for International Trade, to Lic. Juan Antonio Garcia Villa, 
Subsecretario de Normatividad, dated March 4, 2005, and Letter from 
Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, to the Honorable Ken Smith Ramos, Director General for 
International Trade Negotiations, dated May 6, 2005, which is on the 
public file in the Department's Central Record Unit (CRU), room B-099 
of the main Commerce building.)
    Neither party submitted case briefs, and no hearing was held.

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 CMC 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 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. This period corresponds to the four most recent fiscal 
quarters prior to the filing of the petition on June 9, 2004.

Fair Value Comparisons

    We calculated export price and normal value based on the same 
methodologies used in the Preliminary Determination. We used the home 
market and U.S. sales databases submitted by Amtex after verification, 
which included minor corrections

[[Page 28281]]

presented at the beginning of verification and findings from 
verification. (See Memorandum to the File from Mark Flessner, Case 
Analyst, through Robert James, Program Manager, dated May 10, 2005 
(Analysis Memo), at section II; see also Verification Report.)

Cost of Production and Constructed Value

    We calculated the cost of production and constructed value for 
Amtex based on the same methodologies used in the Preliminary 
Determination.

Verifications

    As provided in section 782(i)(1) of the Act, we verified the 
information submitted by respondents during the period February 21 
through 25, 2005. See Verification Report. We used standard 
verification procedures, including examination of relevant accounting 
and production records, as well as original source documents provided 
by the respondents.

Analysis of Comments Received

    We did not receive any interested party comments on our preliminary 
decision or on our Verification Report. Therefore, there is no Issues 
and Decisions Memorandum for this final determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B)(ii) of the Act, we are 
directing the U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all imports of subject merchandise from Mexico 
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. The CBP shall continue to 
require a cash deposit or the posting of a bond equal to the weighted-
average amount by which the NV exceeds the EP, 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:

----------------------------------------------------------------------------------------------------------------
               Producer                                 POI                   Weighted-Average Margin (percent)
----------------------------------------------------------------------------------------------------------------
Quimica Amtex, S.A. de C.V............                  04/01/03 - 03/31/04                                12.61
All Others............................                  04/01/03 - 03/31/04                                12.61
----------------------------------------------------------------------------------------------------------------

See Memorandum to the File, Final Determination Analysis for Quimica 
Amtex, S.A. de C.V., dated May 10, 2005. Public versions of the 
analysis memorandum are on file in the CRU.

ITC Notification

    In accordance with section 735(d) of the 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 United States 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.

Notification to Interested Parties

    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 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.
[FR Doc. E5-2470 Filed 5-16-05; 8:45 am]
BILLING CODE 3510-DS-S