[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Notices]
[Pages 9884-9886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03212]


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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 and Final No Shipment 
Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 2, 2012, the Department of Commerce (the Department) 
published its preliminary results of the 2010-2011 administrative 
review of the antidumping duty order on purified carboxymethylcellulose 
(purified CMC) from the Netherlands.\1\ This review covers two 
respondents, Akzo Nobel Functional Chemicals B.V. (Akzo Nobel) and CP 
Kelco B.V. (CP Kelco). The period of review (POR) is July 1, 2010, 
through June 30, 2011. The final weighted-average dumping margin is 
listed below in the ``Final Results of Review'' section of this notice.
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    \1\ See Purified Carboxymethylcellulose From the Netherlands: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Intent To Rescind, 77 FR 46024 (August 2, 2012) 
(Preliminary Results).

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DATES: Effective Date: February 12, 2013.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Angelica Mendoza, 
AD/CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Room 7850, Washington, DC 20230; telephone 
(202) 482-3362 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION: 

[[Page 9885]]

Background

    On August 2, 2012, the Department published the Preliminary 
Results. We invited interested parties to comment on the Preliminary 
Results. We timely received case and rebuttal briefs from interested 
parties.
    On December 26, 2012, we issued a post-preliminary analysis in 
which we addressed the targeted dumping allegations made by petitioner, 
Aqualon Company, a unit of Hercules Incorporated, and invited comments 
from interested parties.\2\ We timely received additional briefs and 
rebuttal briefs from interested parties commenting on the Post-
Preliminary Analysis.
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    \2\ See Antidumping Duty Administrative Review of Purified 
Carboxymethylcellulose (CMC) from the Netherlands: Post-Preliminary 
Results Analysis Memorandum from Richard Weible, Office Director, 
AD/CVD Operations, Office 7, to Paul Piquado, Assistant Secretary 
for Import Administration, through Christian Marsh, Deputy Assistant 
Secretary, for Antidumping and Countervailing Duty Operations, dated 
December 20, 2012 (Post-Preliminary Analysis); see also Antidumping 
Duty Administrative Review of Purified Carboxymethylcellulose (CMC) 
from the Netherlands: Post-Preliminary Calculation Memorandum from 
Dena Crossland, International Trade Compliance Analyst, AD/CVD 
Operations, Office 7, Import Administration, to The File, through 
Angelica Mendoza, Program Manager, AD/CVD Operations, Import 
Administration, dated December 20, 2012.
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Period of Review

    The POR is July 1, 2010, through June 30, 2011.

Scope of the Order

    The merchandise covered by this order is all purified 
carboxymethylcellulose, 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 (HTSUS) 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. See Notice of Antidumping Duty Orders: Purified 
Carboxymethylcellulose from Finland, Mexico, the Netherlands and 
Sweden, 70 FR 39734 (July 11, 2005) (Order).

Determination of No Shipments

    As noted in the Preliminary Results, we received a no-shipment 
claim from CP Kelco, and we confirmed this claim with U.S. Customs and 
Border Protection (CBP). Because we find that the record indicates that 
CP Kelco did not export subject merchandise to the United States during 
the POR, we determine that it had no reviewable transactions during the 
POR.
    Our former practice concerning respondents submitting timely no-
shipment certifications was to rescind the administrative review with 
respect to those companies if we were able to confirm the no-shipment 
certifications through a no-shipment inquiry with CBP. See Antidumping 
Duties; Countervailing Duties; Final rule, 62 FR 27296, 27393 (May 19, 
1997); see also Stainless Steel Sheet and Strip in Coils from Taiwan: 
Final Results of Antidumping Duty Administrative Review, 75 FR 76700, 
76701 (December 9, 2010). As a result, in such circumstances, we 
normally instructed CBP to liquidate any entries from the no-shipment 
company at the deposit rate in effect on the date of entry.
    In our May 6, 2003, clarification of the ``automatic assessment'' 
regulation, we explained that, where respondents in an administrative 
review demonstrate that they had no knowledge of sales through 
resellers to the United States, we would instruct CBP to liquidate such 
entries at the all-others rate applicable to the proceeding. See 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy 
Notice). Because ``as entered'' liquidation instructions do not 
alleviate the concerns which the May 2003 clarification was intended to 
address, we find it appropriate in this case to instruct CBP to 
liquidate any existing entries of merchandise produced by CP Kelco and 
exported by other parties at the all-others rate. In addition, we 
continue to find that it is more consistent with the May 2003 
clarification not to rescind the review in part in these circumstances 
but, rather, to complete the review with respect to CP Kelco and issue 
appropriate instructions to CBP based on the final results of this 
administrative review. See the ``Assessment Rates'' section of this 
notice below.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs and the post-
preliminary comments by parties to this administrative review are 
addressed in the Issues and Decision Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order on Purified 
Carboxymethylcellulose (CMC) from the Netherlands from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration (Issues and Decision Memorandum), which is dated 
concurrently with and hereby adopted by this notice. A list of the 
issues raised is attached to this notice as Appendix I. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
Central Records Unit (CRU), room 7046 of the main Department of 
Commerce 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 signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    The Department has revised its calculations from the Preliminary 
Results based on its targeted dumping analysis. Accordingly the cash 
deposit rates and importer-specific assessment rates have changed for 
the final results. See the Issues and Decision Memorandum and the 
memorandum entitled ``Antidumping Duty Administrative Review of 
Purified Carboxymethylcellulose (CMC) from the Netherlands: Final 
Calculation Memorandum from Dena Crossland, International Trade 
Compliance Analyst, AD/CVD Operations, Office 7, Import Administration, 
to The File, through Angelica Mendoza, Program Manager, AD/CVD 
Operations, Import Administration,'' dated January 31, 2013 (CMC Final 
Calculation Memo) for further discussion.

Final Results of Review

    We determine that the following weighted-average dumping margin 
exists for the period July 1, 2010, through June 30, 2011:

[[Page 9886]]



------------------------------------------------------------------------
                                                       Weighted-Average
                      Producer                              Margin
                                                         (percentage)
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Akzo Nobel Functional Chemicals B.V.................                9.03
------------------------------------------------------------------------

Assessment

    The Department shall determine, and 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. In 
this review, we have calculated, whenever possible, an importer-
specific assessment rate or value for merchandise subject to this 
review as described below.
    As noted in the Preliminary Results, all of Akzo Nobel's U.S. sales 
of CMC were constructed-export-price sales (e.g., sales through Akzo 
Nobel's U.S. affiliate to the unaffiliated purchaser in the United 
States). Accordingly, we divided the total dumping margins for the 
reviewed sales by the total entered value of those reviewed sales for 
each importer. We will direct CBP to assess the resulting percentage 
margin against the entered customs values for the subject merchandise 
on each importer's respective POR entries. See 19 CFR 351.212(b).
    The calculated ad valorem rates will be assessed uniformly on all 
entries made by the respective importers 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.
    As stated above, 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).
    The Department intends to issue assessment instructions directly to 
CBP 15 days after publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended: (1) The cash deposit rate for Akzo Nobel will be the rate 
established in the final results of this review; (2) for previously 
reviewed or investigated companies not covered in this review, 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 in 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 or the investigation, 
the cash-deposit rate will continue to be the all-others rate of 14.57 
percent, which is the all-others rate established by the Department in 
the LTFV investigation. See Order. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Reimbursement of Duties

    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 duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    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, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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, which 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: January 31, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Issues Discussed in the Accompanying Issues and Decision 
Memorandum

Issue 1: Targeted Dumping Methodology
Issue 2: Monthly Time Period Allegation
Issue 3: Cost Database

[FR Doc. 2013-03212 Filed 2-11-13; 8:45 am]
BILLING CODE 3510-DS-P