[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75397-75398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29388]



[[Page 75397]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-405-803)


Purified Carboxymethylcellulose From Finland; 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 (the Department) 
published the preliminary results of administrative review of the 
antidumping duty order covering purified carboxymethylcellulose (CMC) 
from Finland. See Purified Carboxymethylcellulose from Finland; Notice 
of Preliminary Results of Antidumping Duty Administrative Review, 73 FR 
45948 (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 the Preliminary Results, we invited parties 
to provide comments. We have not made any changes to our calculation 
based on our analysis of the comments received. Therefore, the final 
results do not differ from the Preliminary Results. The final weighted-
average dumping margin for the reviewed firm is listed below in the 
section titled ``Final Results of the Review.''

DATES: December 11, 2008.

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, 2008, the Department published the preliminary results 
of administrative review of the antidumping duty order covering 
purified CMC from Finland. See Preliminary Results. The parties subject 
to this review are CP Kelco Oy and CP Kelco U.S., Inc. (collectively, 
CP Kelco). The petitioner in this proceeding is the Aqualon Company, a 
division of Hercules Incorporated (Petitioner).
    In the Preliminary Results we invited parties to provide comments. 
In response, the Department received comments from Petitioner on 
September 5, 2008. See Letter from Haynes Boone Regarding Purified 
Carboxymethylcellulose from Finland; Request for a Public Hearing and 
Comment by Petitioner Aqualon Company in Lieu of Formal Case Brief, 
dated September 5, 2008 (Petitioner's Comments). On September 15, 2008, 
CP Kelco submitted its rebuttal to Petitioner's September 5, 2008 
submission (CP Kelco's Rebuttal). Petitioner contacted officials at the 
Department and withdrew its request for a public hearing. See 
Memorandum to the File from Robert James, Program Manager, titled, 
``Withdrawl of Petitioner's Request for a 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 Petitioner's Comments and in CP Kelco's 
Rebuttal are addressed in the Memorandum to David M. Spooner, Assistant 
Secretary for Import Administration: ``Issues and Decision Memorandum 
for the Final Results of the 2006-2007 Administrative Review of 
Purified Carboxymethylcellulose from Finland,'' dated December 4, 2008 
(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 Issues and Decision Memorandum, 
is attached to this notice as an appendix. The Issues and Decision 
Memorandum is on file in the Central Records Unit in room 1117 of the 
main Department's building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
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 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 Oy.........................................       13.89[percnt]
------------------------------------------------------------------------

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 fifteen days after 
publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification applies 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:

[[Page 75398]]

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 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 Act): 1) The cash deposit rate for CP Kelco will be the rate 
established in the final results of this review; 2) for previously 
investigated companies not listed above, 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 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 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 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) 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 or countervailing 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 
issubject 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

Comments:

    Comment 1: Whether to Increase CP Kelco Oy's Cost of Production for 
Shut-down Costs Incurred by its Swedish Affiliate
[FR Doc. E8-29388 Filed 12-10-08; 8:45 am]
BILLING CODE 3510-DS-S