[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Notices]
[Pages 62100-62101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25300]


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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 June 15, 2010, the Department of Commerce (the Department) 
published the preliminary 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, 75 FR 
33775 (June 15, 2010) (Preliminary Results). The review covers one 
producer/exporter, Quimica Amtex, S.A. de C.V. (Amtex). The period of 
review (POR) is July 1, 2008, through June 30, 2009. We invited 
interested parties to comment on our Preliminary Results. The 
Department received comments concerning our Preliminary Results from 
Amtex only. Based on our analysis of the comments received, we have 
made one change 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 7, 2010.

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 June 15, 2010, the Department published the preliminary results 
of this review in the Federal Register. See Preliminary Results. We 
invited interested parties to comment on the Preliminary Results. Since 
the Preliminary Results, we received a case brief from respondent Amtex 
on July 15, 2010. See ``Purified Carboxymethylcellulose from Mexico--A-
201-834 (Administrative Review 7/1/2008-6/30/2009): Case Brief,'' dated 
July 15, 2010, at 1-2 (Amtex Case Brief). No brief was received from 
petitioner, Aqualon Company (a division of Hercules Incorporated), nor 
did petitioner file a rebuttal to Amtex's case brief.
    Amtex originally reported the quantity unit of measure for some of 
its U.S. sales as ``2,'' indicating sales in pounds. See Amtex's 
Section C Questionnaire Response dated October 29, 2010, at pages C-53 
to C-56. For such sales, Amtex contends, the Department should adjust 
for packing expenses using per-pound amounts. See Amtex Case Brief at 
1-2. In its case brief, Amtex alleged that the Department had failed to 
make a conversion from kilograms to pounds for those sales originally 
reported in pounds in the U.S. market database when adjusting for 
packing expenses. Id.

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 Amtex's comments, we have made one change 
to the margin calculations. After analyzing the databases and the 
programming used in the Preliminary Results, we agreed with Amtex's 
contention concerning the conversion of packing costs reported in 
pounds. Therefore, we added one line of programming to the comparison 
market program stipulating that if the quantity unit reporting is in 
pounds (i.e., ``2''), then an adjustment to the comparison market 
program is appropriate. See Memorandum to the File from Mark Flessner, 
Case Analyst, through Robert James, Program Manager, entitled 
``Purified Carboxymethylcellulose from Mexico: Final Determination 
Analysis Memorandum for Quimica Amtex, S.A. de C.V.,'' dated September 
27, 2010. Because the only comments received dealt with the singular 
programming issue, we have not included a separate Issues and Decisions 
memorandum to accompany this notice of final results.

Final Results of Review

    The final weighted-average dumping margin for the period July 1, 
2008, through June 30, 2009, is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         margin
                                                            (percentage)
------------------------------------------------------------------------
Quimica Amtex, S.A. de C.V................................          0.83
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (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 41 days after the date of 
publication of these final results of review. See 19 CFR 356.8(a).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68

[[Page 62101]]

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.

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 Amtex will be the 
rate shown above; (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: September 27, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-25300 Filed 10-6-10; 8:45 am]
BILLING CODE 3510-DS-P