[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Notices]
[Pages 52742-52744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24700]


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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 May 26, 2009, 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. See Purified Carboxymethylcellulose from the 
Netherlands; Preliminary Results of Antidumping Duty Administrative 
Review, 74 FR 24823 (May 26, 2009) (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, 2007, through June 30, 2008. We afforded interested 
parties an opportunity to comment on the Preliminary Results. We 
received comments from interested parties and, consequently, have made 
changes to our calculation based on our analysis of the comments 
received. Therefore, the final results 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.''

EFFECTIVE DATE: October 14, 2009.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards, Brian Davis, 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, (202) 482-7924, or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 2009, the Department published the preliminary results 
of the 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. affiliate, CP 
Kelco U.S., Inc. (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 June 26, 2009, CP Kelco timely filed its comments on the 
Preliminary Results and requested a public hearing. See Case Brief from 
Arent Fox LLP (counsel for respondent) titled ``Purified 
Carboxymethylcellulose from the Netherlands; Case Brief of CP Kelco 
B.V.,'' dated June 26, 2009 (Case Brief). On June 30, 2009, petitioner 
timely submitted comments in lieu of a formal brief in reply to the 
June 26, 2009, case brief filed by CP Kelco. See Letter from Haynes & 
Boone, LLP, regarding ``Comment by Petitioner Aqualon Company in Lieu 
of Reply Brief,'' dated June 30, 2009. On July 2, 2009, CP Kelco 
withdrew its request for a public hearing. See CP Kelco's letter 
regarding ``Withdrawal of Hearing Request,'' dated

[[Page 52743]]

July 2, 2009. On July 15, 2009, counsel for CP Kelco met with 
Department officials. See Ex-parte Memorandum to the File through 
Angelica L. Mendoza, Program Manager, Office 7, from Patrick Edwards 
and Brian Davis, Case Analysts, titled ``Administrative Review of the 
Antidumping Duty Order on Purified Carboxymethylcellulose from 
Netherlands: Meeting with Counsel for Respondent,'' dated July 17, 
2009.

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 CP Kelco's case brief and petitioner's comment 
in lieu of a formal reply brief are addressed in the Memorandum from 
John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, ``Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty Administrative 
Review of Purified Carboxymethylcellulose from the Netherlands,'' dated 
October 7, 2009 (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 brief and rebuttal and the corresponding recommendations in this 
public memorandum which is on file in the Central Records Unit, 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.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from the interested 
parties, we have made changes to the margin calculation for CP Kelco, 
in order to account for CP Kelco's factoring expenses as a direct 
selling expense. For a discussion of the changes which the Department 
has made to the margin calculation for CP Kelco, see ``Memorandum to 
the File: Final Results of Antidumping Duty Administrative Review of 
Purified Carboxymethylcellulose from the Netherlands: Analysis of the 
Sales Responses Submitted by CP Kelco B.V.,'' dated October 7, 2009. A 
public version of this memorandum is on file in the Central Records 
Unit.

Final Results of the Review

    We determine the following percentage weighted-average margin 
exists for the period July 1, 2007, through June 30, 2008:

------------------------------------------------------------------------
                                                       Weighted-Average
               Manufacturer / Exporter                      Margin
                                                         (Percentage)
------------------------------------------------------------------------
CP Kelco B.V........................................       24.23 percent
------------------------------------------------------------------------

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 
normally 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 by dividing the 
dumping margin found on the subject merchandise examined by the entered 
value of such merchandise for normal customs duty purposes.\1\ These 
rates will be assessed uniformly on all entries of 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.
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    \1\ In instances where the importer is unknown (e.g., EP sales), 
we have calculated customer-specific duty assessment rates.
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    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 cash 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 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 (LTFV) 
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 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 or the LTFV investigation 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

[[Page 52744]]

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)(1) of the Act.

    Dated: October 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

Comment in the Issues and Decision Memorandum:

Comment 1: The Department's Use of Factoring Discounts
[FR Doc. E9-24700 Filed 10-13-09; 8:45 am]
BILLING CODE 3510-DS-S