[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Notices]
[Pages 70568-70570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24072]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-405-803]


Purified Carboxymethylcellulose from Finland, Notice of Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review.

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SUMMARY: On August 7, 2007, the Department of Commerce (the Department) 
published the preliminary results of administrative review of the 
antidumping duty order covering purified carboxymethylcellulose from 
Finland. See Purified Carboxymethylcellulose from Finland; Notice of 
Preliminary Determination of Antidumping Duty Administrative Review, 72 
FR 44106 (August 7, 2007) (Preliminary Results). The merchandise 
covered by this order is purified carboxymethylcellulose as described 
in the ``Scope of the Order'' section of this notice. The period of 
review (POR) is December 27, 2004, through June 30, 2006. In the 
Preliminary Results, we invited parties to provide comments. Based on 
our analysis of the comments received, we have made changes to the 
margin calculation. Therefore, the final results differ from the 
Preliminary Results. The final weighted-average dumping margin for the 
reviewed firm is listed below in the section entitled ``Final Results 
of the Review.''

EFFECTIVE DATE: December 12, 2007.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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-
1121, and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2007, the Department published the Preliminary Results 
of administrative review of the antidumping order covering purified 
carboxymethylcellulose from Finland. See Preliminary Results. The 
parties subject to this review are Noviant Oy, CP Kelco Oy, Noviant 
Inc., and CP Kelco U.S., Inc. (collectively, CP Kelco). The petitioner 
in this proceeding is The Aqualon Company, a division of Hercules 
Incorporated.
    On August 1, 2007, we sent a supplemental questionnaire to CP 
Kelco, requesting certain information about factoring expenses. CP 
Kelco responded to this questionnaire on August 15, 2007. See Letter 
from CP Kelco, dated August 15, 2007 (CP Kelco's August 15, 2007, 
Questionnaire Response). On August 22, 2007, the Department released a 
verification report describing the May 14 to May 18, 2007, verification 
of CP Kelco Oy's and Noviant Oy's Export Price (EP) and Home Market 
(HM) sales of subject merchandise. See Memorandum to the File Regarding 
``Verification of Sections A-C Questionnaire Responses submitted by CP 
Kelco Oy, Noviant Oy, CP Kelco U.S., Inc., and Noviant Inc., in the 
Antidumping Review of Purified Carboxymethylcellulose (CMC) from 
Finland,'' dated August 22, 2007.
    In the Preliminary Results we invited parties to provide comments. 
In response, the Department received a case brief on September 10, 
2007, from CP Kelco. On September 10, 2007, the Department also 
received a letter from Petitioner alleging programming errors in the 
calculation of the Preliminary Results dumping margin. Also, on 
September 17, 2007, Petitioner submitted a rebuttal brief. At CP 
Kelco's request, the Department held a public hearing on September 26, 
2007.

Scope of the Order

    The merchandise covered by this order is 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. CMC does not include unpurified or crude CMC, CMC Fluidized 
Polymer Suspensions, and CMC that is cross-linked through heat 
treatment. 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 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 the order is 
dispositive.

Analysis of Comments Received

    All issues raised in CP Kelco's case brief and in Petitioner's 
rebuttal brief are addressed in the Memorandum to David M. Spooner, 
Assistant Secretary for Import Administration, dated December 5, 2007 
(Issues and Decision Memorandum), which is hereby adopted by this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memorandum, is 
attached to this notice as an appendix. The Issues and Decision 
Memorandum is on file in 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 Internet at http://www.ia.ita.doc.gov/frn/index.html. The paper copy and electronic 
version of the Decision Memorandum are identical in content.
    In addition, Petitioner submitted a letter in which it alleged 
certain programming errors. See Letter from Edward M. Lebow regarding 
``Purified Carboxymethylcellulose from Finland; Demonstration of 
Programming Errors in Lieu of Case Brief,'' dated September 10, 2007 
(Petitioner's Allegation of Programming Errors) .

Successor-In-Interest Determination

    In the Preliminary Results, we preliminarily determined that CP 
Kelco Oy is the successor-in-interest to the former Noviant Oy for 
purposes of this proceeding and application of the antidumping law. We 
did not receive comments on this issue and have no reason to change our 
findings from the Preliminary Results. For a complete discussion of our 
successorship analysis, see Preliminary Results at 44107 to 44108. As a 
result of our review, we determine that CP Kelco Oy is the successor-
in-interest to Noviant Oy.

[[Page 70569]]

Changes Since the Preliminary Results

    In the Preliminary Results, we made a direct adjustment to normal 
value and U.S. price for certain factoring expenses CP Kelco incurred 
in both the home market and in the United States. However, as we had 
not asked CP Kelco to report these expenses, we relied upon a sample of 
these expenses gathered at the CEP and HM/EP sales verifications as 
facts otherwise available. See the Preliminary Results. Therefore, in a 
questionnaire dated August 1, 2007, we asked CP Kelco to submit new 
U.S. and HM sales databases containing this information for all of its 
sales. CP Kelco responded to this questionnaire on August 15, 2007. See 
CP Kelco's August 15, 2007, questionnaire response. As a result we 
relied upon the U.S. and HM sales databases submitted August 15, 2007, 
in the final results. These databases include additional fields for 
per-unit factoring expenses and factoring rates, but are otherwise 
identical to those databases relied upon in the Preliminary Results. 
Accordingly, the programming language used to calculate factoring 
expenses as facts available has been removed from the margin 
calculation program for these final results, and other programming 
language has been added to deduct the reported factoring expenses from 
U.S. price and normal value. See Memorandum to the File from Tyler 
Weinhold Regarding ``Analysis of Data Submitted by Noviant Oy and CP 
Kelco Oy (Collectively, CP Kelco) in the Final Results of the 2004-2006 
Administrative Review of the Antidumping Duty Order on Purified 
Carboxymethylcellulose (CMC) from Finland,'' dated December 5, 2007 
(Final Analysis Memorandum).
    CP Kelco was not able to report the importer of record for some of 
its U.S. sales during the POR. Therefore, in order to allow for 
importer-specific assessment, we set the importer field for such sales 
equal to the consolidated customer codes reported by CP Kelco. This 
change is explained in detail in the Final Analysis Memorandum.
    In addition, we made certain changes to our calculation of 
comparison market net price and certain other changes related to 
foreign currency conversions as a result of our analysis of the issues 
raised in Petitioner's Allegation of Programming Errors. The issues 
raised and the changes made to the margin calculation program since the 
Preliminary Results as a result of our analysis of these issues are 
explained in the Final Analysis Memorandum.

Final Results of the Review

    We determine the following percentage weighted-average margin 
exists for the period December 27, 2004, through June 30, 2006:

------------------------------------------------------------------------
                                                             Weighted
                  Manufacturer/Exporter                   Average Margin
                                                            (percentage)
------------------------------------------------------------------------
CP Kelco Oy.............................................            5.97
Noviant Oy..............................................            5.97
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), the Department 
calculates an assessment rate for each importer of the subject 
merchandise. CP Kelco has reported entered values for all of its sales 
of subject merchandise to the United States during the POR. Therefore, 
in accordance with 19 CFR 351.212(b)(1), we have calculated importer-
specific duty assessment rates on the basis of the ratio of the total 
amount of antidumping duties calculated for the examined sales to the 
total entered value of the examined sales of that importer. These rates 
will be assessed uniformly on all entries the respective importers made 
during the POR. Where the assessment rate is above de minimis, we will 
instruct CBP to assess duties on all entries of subject merchandise by 
that importer. The Department will issue appropriate liquidation 
instructions directly to CBP within fifteen days of publication of the 
final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by reviewed 
companies for which these companies did not know their merchandise 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 
rate for the intermediate company(ies) involved in the transaction. For 
a full discussion of this clarification, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of purified carboxymethylcellulose from Finland 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(1) of the Tariff Act 
of 1930, as amended (the Tariff Act):
    1) The cash deposit rate for CP Kelco Oy and Noviant Oy will be the 
rate established in the final results of review; 2) if the exporter is 
not a firm covered in this review or the less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and 3) if neither the exporter nor the manufacturer is 
a firm covered in this or any previous review conducted by the 
Department, the cash deposit rate will be the all-others rate of 6.65 
percent from the LTFV investigation. See Notice of Antidumping Duty 
Orders: Purified Carboxymethylcellulose from Finland, Mexico, the 
Netherlands and Sweden, 70 FR 39734 (July 11, 2005). These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.

Notification to Interested Parties

    This notice also 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 or countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping or countervailing duties 
occurred and the subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Tariff Act.


[[Page 70570]]


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

APPENDIX

Comments and Responses:
Issue 1:Amortization of Goodwill
Issue 2: Zeroing of Non-Dumping Margins
[FR Doc. E7-24072 Filed 12-11-07; 8:45 am]
BILLING CODE 3510-DS-S