[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Notices]
[Pages 70821-70823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24186]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-811]


Purified Carboxymethylcellulose from the Netherlands: 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 
the Netherlands. The period of review (POR) 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 13, 2007.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey 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-
0193 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 
the Netherlands. See Purified Carboxymethylcellulose from the 
Netherlands; Preliminary Results of Antidumping Duty Administrative 
Review, 72 FR 44099 (August 7, 2007) (Preliminary Results). On August 
7, 2007, the Department issued an additional supplemental questionnaire 
to CP Kelco B.V. and Noviant B.V. (collectively, CP Kelco), respondent 
in this administrative review, requesting that it report third country 
and U.S. sales factoring expenses on a transaction-specific basis to 
the Department. CP Kelco submitted its response on August 15, 2007. See 
Letter

[[Page 70822]]

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, CP Kelco filed with the 
Department its case brief on the Preliminary Results. On September 11, 
2007, The Aqualon Company, a division of Hercules Incorporated 
(petitioner) filed its rebuttal brief to CP Kelco's September 6, 2007, 
case brief. We received no requests for a public hearing from the 
parties.

Scope of the Antidumping Duty Order

    The merchandise covered by the order is all 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 ``Issues and 
Decision Memorandum for the Final Results of the First Antidumping Duty 
Administrative Review of Purified Carboxymethylcellulose from the 
Netherlands,'' dated December 3, 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 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 calculation for CP Kelco, which include 
corrections to clerical errors made at the Preliminary Results with 
regard to foreign currency conversions. Additionally, as 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 both 
comparison market and U.S. market 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 
account receivables and remitting payment to CP Kelco at an earlier 
date than payment would have been otherwise received from the invoiced 
customer) reported by CP Kelco in the Factoring Expenses Supplemental 
Response. For a discussion of the changes to the margin calculations 
for CP Kelco, see Memorandum to the File entitled, ``First Antidumping 
Duty Administrative Review of Purified Carboxymethylcellulose from the 
Netherlands: Analysis Memorandum for the Final Results of Review for CP 
Kelco B.V.,'' from Stephen Bailey, Case Analyst, dated December 3, 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 preliminarily determined that CP 
Kelco B.V., as it alleged, is the successor-in-interest to the former 
Noviant B.V. 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 44101.
    Accordingly, we determine that CP Kelco B.V. is the successor-in-
interest to Noviant B.V., and that the following antidumping duty 
margin exists for the period December 27, 2004, through June 30, 2006:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
CP Kelco B.V........................................                4.59
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. 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 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, we will instruct CBP to apply the assessment 
rate to the entered value of the importer's entries during the POR. 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 Antidumping and Countervailing Duty Proceedings: 
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.

[[Page 70823]]

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 the Netherlands 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 4.59 percent; (2) 
for merchandise exported by producers or exporters that were previously 
investigated, the cash deposit will continue to be the most recent rate 
published in the final determination for which the producer or exporter 
received an individual rate; (3) if the exporter is not a firm covered 
in this review or the original less-than-fair-value investigation 
(LTFV) 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 review or the LTFV 
investigation, the cash-deposit rate shall be 14.57 percent, the all-
others rate established in the less-than-fair-value investigation. See 
Notice of Final Determination of Sales at Less Than Fair Value: 
Purified Carboxymethylcellulose from the Netherlands, 70 FR 28275 (May 
17, 2005). 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 return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return/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 that is 
subject to sanction.
    These final results of administrative review and notice are issued 
and published in accordance with sections 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: Alleged Errors Regarding Foreign Currency Conversions
Comment 2: Excluded Constructed Export Price Sales
Comment 3: Zeroing of Non-Dumping Margins
[FR Doc. E7-24186 Filed 12-12-07; 8:45 am]
BILLING CODE 3510-DS-S