[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Notices]
[Pages 52178-52180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24462]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-834]


Purified Carboxymethylcellulose From Mexico: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 10, 2009, the Department of Commerce (the Department) 
published the preliminary

[[Page 52179]]

results of the administrative review of the antidumping duty order on 
purified carboxymethylcellulose (CMC) from Mexico. See Purified 
Carboxymethylcellulose From Mexico: Notice of Preliminary Results of 
Antidumping Duty Administrative Review, 74 FR 16359 (April 10, 2009) 
(Preliminary Results). The review covers one producer/exporter, Quimica 
Amtex, S.A. de C.V. (Amtex). The period of review (POR) is July 1, 
2007, through June 30, 2008. We invited interested parties to comment 
on our Preliminary Results. The Department received comments concerning 
our Preliminary Results from respondents only. Based on our analysis of 
the comments received, we have made certain changes in the margin 
calculations. 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 
Review.''

DATES: Effective Date: October 9, 2009.

FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 10, 2009, the Department published the preliminary results 
of this review in the Federal Register. See Preliminary Results. We 
invited parties to comment on the Preliminary Results.
    Since the Preliminary Results, we received a case brief from 
respondent Amtex on May 11, 2009. No brief was received from 
petitioner, Aqualon Company (a division of Hercules Incorporated).
    Amtex originally reported as many as three entered values for some 
of its constructed export price (CEP) sales; these particular sales 
quantities had been blended from various lots of CMC held in Amtex 
USA's U.S. inventory. In order for the Department to calculate 
importer-specific ad valorem assessment rates, we directed Amtex to 
report a single weighted entered value for each reported CEP sale in a 
supplemental questionnaire. See ``Purified Carboxymethylcellulose from 
Mexico: Supplemental Section C Questionnaire,'' dated July 17, 2009. 
Amtex fully complied with this request in its ``Quimica Amtex, S.A. de 
C.V. Supplemental Section C Questionnaire Response,'' dated August 5, 
2009. At our instruction, Amtex allocated its entered value to report a 
single weighted-average entered value for each CEP transaction.
    On August 5, 2009, the Department published in the Federal Register 
an extension of the time limit for the final results until October 7, 
2009. See Purified Carboxymethylcellulose from Mexico: Extension of 
Time Limit for Final Results of Antidumping Duty Administrative Review, 
74 FR 39054 (August 5, 2009).

Scope of the Order

    The merchandise covered by the 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. 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 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.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations. In its case brief, Amtex 
alleged that the Department had failed to make several conversions from 
pounds to kilograms for those sales originally invoiced in pounds. See 
``Purified Carboxymethylcellulose from Mexico (A-201-834): Case Brief 
for the Final Results,'' dated May 11, 2009, at pages 1-5. The 
comparison market database fields affected were inland freight charges 
(INLFTCH) and variable cost of manufacture (VCOMH). Id., at 1-4. The 
U.S. market database fields affected were variable cost of manufacture 
(VCOMU), total cost of manufacture (TCOMU), and packing (PACKU and 
PACK1U). Id., at 1-5.
    After analyzing the databases and the programming used in the 
Preliminary Results, we agreed with Amtex. Therefore, we added two 
lines of programming to the comparison market program stipulating that 
if the quantity unit reporting was in pounds, then the following 
adjustments to the comparison market program were appropriate: 
``INLFTCH = INLFTCH * 2.204'' and ``VCOMH = VCOMH * 2.204.'' We also 
added three lines of programming to the U.S. market program stipulating 
that if the quantity unit reporting was in pounds, then the following 
adjustments to the U.S. market program were appropriate: ``VCOMU = 
VCOMU * 2.204'' and ``TCOMU = TCOMU * 2.204'' and ``PACKU = PACK1U'' 
(PACK1U reported the PACKU value as converted into kilograms).

Final Results of Review

    The final weighted-average dumping margin for the period July 1, 
2007, through June 30, 2008, is as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                  Producer/Exporter                         Margin
                                                         (Percentage)
------------------------------------------------------------------------
Quimica Amtex, S.A. de C.V..........................                2.94
------------------------------------------------------------------------

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries. We have calculated importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of antidumping duties calculated for the examined sales to the total 
entered value of the sales. We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review if any 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis (i.e., less than 0.50 percent). 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). This 
clarification will apply to entries of subject merchandise during the 
POR produced by companies included in these final results of review for 
which the reviewed companies did not know their merchandise was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate un-reviewed entries at the all-others rate established in 
the less-than-fair-value (LTFV) investigation if there is no rate for 
the intermediate company or companies involved in the transaction.

[[Page 52180]]

Cash Deposit Requirements

    Further, the following deposit requirements will be effective for 
all shipments of purified carboxymethylcellulose from Mexico entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date of the final results of this administrative review, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act): (1) the cash deposit rates for the reviewed 
companies will be the rates shown above, except if the rate is less 
than 0.50 percent, de minimis within the meaning of 19 CFR 
351.106(c)(1), the cash deposit will be zero; (2) for previously-
investigated or reviewed 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 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) the cash deposit rate 
for all other manufacturers or exporters will continue to be 12.61 
percent, the ``all others'' rate established in the LTFV investigation. 
See Notice of Final Determination of Sales at Less Than Fair Value: 
Purified Carboxymethylcellulose from Mexico, 70 FR 28280 (May 17, 
2005). These 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)(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 double antidumping duties.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 2, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-24462 Filed 10-8-09; 8:45 am]
BILLING CODE 3510-DS-S