[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48649-48651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19347]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-811]


Purified Carboxymethylcellulose From the Netherlands: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary No 
Shipment Determination; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on purified 
carboxymethylcellulose (purified CMC) from the Netherlands. The period 
of review (POR) is July 1, 2011, through June 30, 2012. The review 
covers two producers/exporters of the subject merchandise, Akzo Nobel 
Functional Chemicals, B.V. (Akzo Nobel) and CP Kelco, B.V. (CP Kelco).
    We preliminarily determine that sales of subject merchandise by 
Akzo Nobel were made at less than normal value and CP Kelco had no 
shipments of subject merchandise during the POR.

DATES: Effective Date: August 9, 2013.

FOR FURTHER INFORMATION CONTACT: John Drury 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-
0195 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by the order is all purified CMC. The 
merchandise subject to the order is currently 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. A full description of the scope of the order is 
contained in the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, titled 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Purified Carboxymethylcellulose from the 
Netherlands'' (Preliminary Decision Memorandum), which is issued 
concurrent with and hereby adopted by this notice.
    The Preliminary 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). 
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, Room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://www.trade.gov/ia/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price (CEP) is calculated in accordance with section 772 of the 
Act. Normal value is calculated in accordance with section 773 of the 
Act. In accordance with section 773(b) of the Act, we disregarded 
certain sales made by Akzo Nobel in the home market which were made at 
below-cost prices. To determine the appropriate comparison method, the 
Department applied a ``differential pricing'' analysis and has 
preliminarily determined to apply the average-to-transaction method to 
the portion of U.S. sales which passed the Cohen's d test and the 
average-to-average method to the remaining portion of U.S. sales which 
did not pass the Cohen's d test in order to calculate Akzo Nobel's 
weighted-average dumping margin. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.

[[Page 48650]]

Preliminary Determination of No Shipments

    The Department received a timely submission from CP Kelco reporting 
to the Department that it did not sell or export the subject 
merchandise to the United States during the POR.\1\ On April 19, 2013, 
we transmitted a ``No-Shipment Inquiry'' to U.S. Customs and Border 
Protection (CBP) regarding this company. Pursuant to this inquiry, the 
Department received no notification from CBP of entries of subject 
merchandise from CP Kelco within the ten-day deadline.\2\ Accordingly, 
based on record evidence, we preliminarily determine that CP Kelco had 
no shipments during the POR.
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    \1\ See Letter from CP Kelco to the Secretary of Commerce, 
entitled ``Purified Carboxymethylcellulose from the Netherlands: CP 
Kelco BV No Shipment Letter,'' dated November 13, 2012.
    \2\ See Memorandum to the File regarding No Shipments Inquiry 
for CP Kelco B.V., dated July 18, 2013.
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    Consistent with our practice, the Department finds that it is not 
appropriate to rescind the review with respect to CP Kelco, but rather 
to complete the review with respect to CP Kelco and issue appropriate 
instructions to CBP based on the final results of this review.

Preliminary Results of Review

    We preliminarily determine that, for the period July 1, 2011, 
through June 30, 2012, the following dumping margin exists:

------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer/Exporter                  margin  (percent)
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Akzo Nobel Functional Chemicals B.V.................                0.64
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Disclosure and Public Comment

    The Department will disclose to parties to the proceeding any 
calculations performed in connection with these preliminary results 
within five days after the date of publication of this notice.\3\ 
Interested parties may submit case briefs to the Department in response 
to these preliminary results no later than 30 days after the 
publication of these preliminary results.\4\ Rebuttal briefs, the 
content of which is limited to the issues raised in the case briefs, 
must be filed within five days from the deadline date for the 
submission of case briefs.\5\
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    \3\ See 19 CFR 351.224(b)
    \4\ See 19 CFR 351.309(c)(1)(ii).
    \5\ See 19 CFR 351.309(d)(1) and (2).
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    Parties who submit arguments in this proceeding are requested to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\6\ Case and 
rebuttal briefs should be filed using IA ACCESS.\7\ Case and rebuttal 
briefs must be served on interested parties.\8\ Executive summaries 
should be limited to five pages total, including footnotes.
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    \6\ See 19 CFR 351.309(c)(2).
    \7\ See generally 19 CFR 351.303.
    \8\ See 19 CFR 351.303(f).
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    Within 30 days of the date of publication of this notice, 
interested parties may request a public hearing on arguments raised in 
the case and rebuttal briefs.\9\ Unless the Department specifies 
otherwise, the hearing, if requested, will be held two days after the 
date for submission of rebuttal briefs.\10\ Written argument and 
hearings requests should be electronically submitted to the Department 
via IA ACCESS.\11\ The Department's electronic records system, IA 
ACCESS, must successfully receive an electronically-filed document in 
its entirety by 5:00 p.m. Eastern Daylight Time within 30 days after 
the date of publication of this notice.\12\ Requests should contain: 
(1) The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. Parties will be notified of the time and location of the 
hearing.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d)(1).
    \11\ See generally 19 CFR 351.303.
    \12\ See 19 CFR 351.310(c).
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    The Department intends to publish the final results of this 
administrative review, including the results of its analysis of issues 
addressed in any case or rebuttal brief, no later than 120 days after 
publication of the preliminary results, unless extended.\13\
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    \13\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of this administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.\14\ We have calculated, whenever possible, an exporter/
importer (or customer)-specific assessment rate or value for 
merchandise subject to this review as described below.
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    \14\ See 19 CFR 351.212(b)(1)
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    For CEP sales, we divide 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 
of that importer's POR entries.\15\
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    \15\ See 19 CFR 351.212(b).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\16\ This clarification will apply to entries of subject 
merchandise during the POR produced by Akzo Nobel and CP Kelco in these 
preliminary results of review for which these 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 if there is no rate for the intermediate company(ies) 
involved in the transaction. Further, instead of rescinding the review 
with respect to CP Kelco, we find it appropriate to complete the review 
and issue liquidation instruction to CBP concerning entries for CP 
Kelco following issuance of the final results of review. If we continue 
to find that CP Kelco had no shipments of subject merchandise in the 
final results, we will instruct CBP to liquidate any existing entries 
of merchandise produced by CP Kelco, but exported by other parties at 
the rate for the intermediate reseller, if available, or at the all-
others rate.\17\
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    \16\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \17\ See, e.g., Magnesium Metal From the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review. 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. We will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the assessment rate is de minimis.\18\ The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of this review and for 
future deposits of estimated duties, where applicable.\19\
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    \18\ See 19 CFR 351.106(c)(2)
    \19\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments

[[Page 48651]]

of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this administrative review, as provided by section 751(a)(2)(C) of the 
Act: (1) The cash deposit rate for the company listed above will be 
that established in the final results of this review, except if the 
rate is less than 0.50 percent and, therefore, de minimis within the 
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate 
will be zero; (2) for previously reviewed or 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, a prior review, or in the 
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 the all-others rate of 
14.57 percent, which is the all-others rate established in the 
investigation.\20\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \20\ See Notice of Antidumping Duty Orders: Purified 
Carboxymethylcellulose from Finland, Mexico, the Netherlands and 
Sweden, 70 FR 39734, 39735 (July 11, 2005).
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Notification to Importers

    This notice also serves as a 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: August 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Scope of the Order
2. Preliminary Determination of No Shipments
3. Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
4. Product Comparisons
5. Date of Sale
6. Export Price
7. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the Cost of Production Test
    D. Calculation of Normal Value Based on Comparison Market Prices
8. Currency Conversion

[FR Doc. 2013-19347 Filed 8-8-13; 8:45 am]
BILLING CODE 3510-DS-P