[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Notices]
[Pages 69667-69668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23893]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-401-808]


Purified Carboxymethylcellulose from Sweden: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 7, 2007, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on purified carboxymethylcellulose (CMC) from 
Sweden. See Purified Carboxymethylcellulose from Sweden: Preliminary 
Results of Antidumping Duty Administrative Review, 72 FR 44089 (August 
7, 2007) (Preliminary Results). The period of review is December 27, 
2004, through June 30, 2006. We received comments from interested 
parties and have made changes to the margin for the final results. The 
final margin for the respondent is listed below in the section entitled 
``Final Results of Review.''

EFFECTIVE DATE: December 10, 2007.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards or Angelica Mendoza, 
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-
8029 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2007, the Department published the preliminary results 
of the administrative review of the antidumping duty order on CMC from 
Sweden. See Preliminary Results. On August 1, 2007, prior to the 
publication of the Preliminary Results, the Department issued an 
additional supplemental questionnaire to CP Kelco, requesting that it 
report its factoring expenses on a transaction-specific basis to the 
Department. CP Kelco submitted its response on August 15, 2007. See 
Letter from Arent Fox, LLP to the Secretary of Commerce dated August 
15, 2007 (Factoring Expenses Supplemental Response). For a further 
discussion of CP Kelco's factoring expenses, see ``Changes Since the 
Preliminary Results'' section below.
    We invited interested parties to comment on the Preliminary 
Results. On September 6, 2007, petitioner filed comments on the 
Preliminary Results.\1\ See Letter from Haynes & Boone, LLP to the 
Secretary of Commerce, regarding ``Demonstration of Programming 
Errors,'' dated September 6, 2007. Also on September 6, 2007, CP Kelco 
AB and Noviant AB, respondents in this administrative review 
(collectively, CP Kelco), submitted comments on the Preliminary 
Results. See Letter from Arent Fox, LLP to the Secretary of Commerce, 
regarding ``Comments regarding August 7, 2007 Preliminary Results of 
Review,'' dated September 6, 2007 (CP Kelco Brief). On September 11, 
2007, petitioner filed its rebuttal to CP Kelco's September 6, 2007, 
submission. See Letter from Haynes & Boone, LLP to the Secretary of 
Commerce, regarding Rebuttal Brief of the Aqualon Company, dated 
September 11, 2007 (Petitioner Rebuttal Brief). We received no requests 
for a public hearing from the parties.
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    \1\ Petitioner in this proceeding is The Aqualon Company, a 
division of Hercules Incorporated.
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Scope of the Order

    The merchandise covered by this order is purified 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 order 
is currently 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 order is dispositive.

Analysis of Comments Received

    All issues raised in the briefs are addressed in the ``Memorandum 
to the Assistant Secretary: Issues and Decision Memorandum for the 
Final Results of First Administrative Review of Purified 
Carboxymethylcellulose from Sweden,'' dated December 5, 2007 (Issues 
and Decision Memorandum), which is hereby adopted by this notice. A 
list of the issues raised, all of which are in the Issues and Decision 
Memorandum, is attached to this notice as Appendix I. Parties can find 
a complete discussion of all issues raised in the briefs and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit (CRU), room B-099 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Web at 
http://www.trade.gov/ia/. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made changes to the margin calculations for CP Kelco, including 
corrections to clerical errors made at the Preliminary Results with 
regard to foreign currency conversions. As previously stated above, CP 
Kelco submitted its Factoring Expenses Supplemental Response on August 
15, 2007. Petitioner did not comment on these data in its case and 
rebuttal briefs. Following our review of these data, we have determined 
that it is appropriate to revise our calculation of net price using the 
transaction-specific factoring expenses (i.e., transaction fees charged 
to CP Kelco by its affiliated financial institution for purchasing CP 
Kelco's accounts receivable and remitting payment to CP Kelco at an 
earlier date than payment would have otherwise been received from the 
invoiced customer) reported by CP Kelco in the Factoring Expenses 
Supplemental Response. For a discussion of all changes the Department 
has made to the margin calculations for CP Kelco, see ``Memorandum to 
the File: First Antidumping Duty Administrative Review of the 
Antidumping Duty Order on Purified Carboxymethylcellulose for CP Kelco 
AB (CP Kelco),'' dated December 5, 2007 (Final Analysis Memo). A public 
version of this memorandum is on file in the CRU.

Final Results of Review

    In the Preliminary Results, we determined that CP Kelco AB is, as 
the company had alleged, the successor-in-interest to the former 
Noviant AB for purposes of this proceeding and application of the 
antidumping law. We received no comments on this issue, and we 
determine that CP Kelco AB is the successor-in-interest to Noviant 
AB,\2\ and that the following antidumping duty margin exists for the 
period

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December 27, 2004, through June 30, 2006:
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    \2\ For a complete discussion of our successorship analysis, see 
Preliminary Results at 44090.

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                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
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CP Kelco AB.........................................                3.84
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Assessment Rates

    The Department will determine, and U.S. Bureau of Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries. Pursuant to section 751(a)(1) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.212(b), the Department 
calculates an assessment rate for each importer of the subject 
merchandise covered by the review. Upon issuance of the final results 
of this review, if any importer-specific assessment rates calculated in 
the final results are above de minimis (i.e., at or above 0.50 
percent), we will issue appraisement instructions directly to CBP to 
assess antidumping duties on appropriate entries by applying the 
assessment rate to the entered value of the merchandise. To determine 
whether the duty-assessment rate covering the period is de minimis, in 
accordance with the requirement set forth in sections 733(b)(3) and 735 
of the Act, and 19 CFR 351.106(c)(2), we have calculated an importer-
specific assessment ad valorem rate by aggregating the dumping margins 
calculated for all U.S. sales to the importers of CP Kelco's subject 
merchandise and dividing this amount by the total entered value of the 
sales to that importer. Where the importer-specific ad valorem rate is 
greater than de minimis and because the respondent has reported 
reliable entered values, we will instruct CBP to apply the assessment 
rate to the entered value of the importer's entries during the period 
of review. The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of these final results of 
review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This 
clarification will apply to entries of subject merchandise during the 
POR produced by CP Kelco, for which CP Kelco did not know that the 
merchandise it sold to an intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no company-specific rate for an 
intermediary involved in the transaction. See Assessment Policy Notice 
for a full discussion of this clarification.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of CMC from Sweden that are entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results, as provided by section 751(a)(2)(C) of the Act: (1) the 
cash-deposit rate for CP Kelco will be 3.84 percent; (2) for 
merchandise exported by producers or exporters that were previously 
reviewed or investigated, the cash deposit will continue to be the most 
recent rate published in the final determination or final results for 
which the producer or exporter received an individual rate; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original less-than-fair-value investigation but the manufacturer is, 
the cash-deposit rate will be the rate established for the most recent 
period for the manufacturer of the subject merchandise; and (4) if 
neither the exporter nor the manufacturer is a firm covered in this or 
any previous review, the cash-deposit rate shall be 25.29 percent, the 
all-others rate established in the less-than-fair-value investigation. 
These cash-deposit requirements shall remain in effect until further 
notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during the 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 double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative protective order itself. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested in 
accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation 
of APO.
    These final results of administrative review and notice are issued 
and published in accordance with ections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: December 3, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix I

Comment 1: Programming Errors regarding Foreign Currency Conversions
Comment 2: Zeroing of Non-Dumping Margins
[FR Doc. E7-23893 Filed 12-7-07; 8:45 am]
BILLING CODE 3510-DS-S