[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75393-75395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29384]


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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, 2008, the Department of Commerce (Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on purified carboxymethylcellulose (CMC) from 
the

[[Page 75394]]

Netherlands. See Purified Carboxymethylcellulose from the Netherlands; 
Preliminary Results of Antidumping Duty Administrative Review, 73 FR 
45943 (August 7, 2008) (Preliminary Results). The merchandise covered 
by the order is purified CMC as described in the ``Scope of the Order'' 
section of this notice. The period of review (POR) is July 1, 2006, 
through June 30, 2007. In our Preliminary Results, we invited parties 
to comment. We received comments from interested parties and have made 
no changes to our calculation based on our analysis of the comments 
received. Therefore, the final results do not differ from those 
published in the Department's Preliminary Results. The final weighted-
average dumping margin for the reviewed firm is listed below in the 
section entitled ``Final Results of the Review.''

DATES: Effective Date: December 11, 2008.

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, 2008, the Department published the preliminary results 
of administrative review of the antidumping duty order covering 
purified CMC from the Netherlands. See Preliminary Results. The parties 
subject to this review are CP Kelco B.V. and its U.S. affiliates, CP 
Kelco U.S., Inc. and Huber Engineered Materials (collectively, CP 
Kelco). The Petitioner in this proceeding is The Aqualon Company, a 
division of Hercules Incorporated (Petitioner).
    We invited interested parties to comment on the Preliminary 
Results. On September 5, 2008, Petitioner filed comments on the 
Preliminary Results. See Letter from Haynes & Boone, LLP, regarding 
``Request for a Public Hearing and Comment in Lieu of a Formal Case 
Brief,'' dated September 5, 2008. CP Kelco did not file a case brief in 
this proceeding. On September 15, 2008, CP Kelco filed its rebuttal to 
Petitioner's September 5, 2008, submission. See Letter from Arent Fox 
LLP, regarding ``Rebuttal Brief of CP Kelco BV,'' dated September 15, 
2008. On September 11, 2008, Petitioner contacted Department officials 
and withdrew its request for a public hearing. See Memorandum to the 
File from Robert James, Program Manager, titled, ``Withdrawal of 
Petitioner's Request for Hearing,'' dated September 11, 2008.

Scope of the 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 the 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 the case and rebuttal briefs are addressed in 
the ``Memorandum to the Assistant Secretary: Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty Administrative 
Review of Purified Carboxymethylcellulose from the Netherlands,'' dated 
December 4, 2008 (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 
1117 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.
    Based on our analysis of the comments received from the interested 
parties, we have made no changes to the margin calculations for CP 
Kelco from the Preliminary Results.

Final Results of the Review

    We determine the following percentage weighted-average margin 
exists for the period July 1, 2006, through June 30, 2007:

------------------------------------------------------------------------
                                                       Weighted average
                Manufacturer/exporter                       margin
                                                         (percentage)
------------------------------------------------------------------------
CP Kelco B.V........................................                7.02
------------------------------------------------------------------------

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 covered by the review. 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 intends to 
issue assessment instructions directly to CBP 15 days after publication 
of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR 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 CMC from the Netherlands entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section

[[Page 75395]]

751(a)(1) of the Tariff Act of 1930, as amended (the Act): (1) The cash 
deposit rate for CP Kelco will be the rate established in the final 
results of this review; (2) for merchandise exported by manufacturers 
or exporters not covered in this review but covered in the original 
less-than-fair-value investigation or previous reviews, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period; (3) if the exporter is not a firm covered 
in this or any previous 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 (4) 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 14.57 
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 cash deposit 
requirements shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping 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 duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Orders

    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(a)(3). 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 that is 
subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: December 4, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I--Comment in the Issues and Decision Memorandum:

Comment 1: Whether to Increase CP Kelco B.V.'s Costs of Production 
for Shut-down Costs Incurred by its Swedish Affiliate.

 [FR Doc. E8-29384 Filed 12-10-08; 8:45 am]
BILLING CODE 3510-DS-P