[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 78812-78814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31114]


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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; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: On August 9, 2013, the Department of Commerce (the Department) 
published the preliminary results of the administrative review and 
preliminary no shipment determination of the antidumping duty (AD) 
order on purified carboxymethylcellulose (CMC) from the Netherlands. 
For the final results, we continue to find that sales of subject 
merchandise by Akzo Nobel Functional Chemicals, B.V. (Akzo Nobel) were 
made at less than normal value, and that CP Kelco, B.V. (CP Kelco) had 
no shipments of subject merchandise during the POR.

DATES: Effective Date: December 27, 2013.

FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0195, and (202) 482-3019, respectively.

Background

    On August 9, 2013, the Department published the preliminary results 
of the administrative review of the AD order on purified CMC from the 
Netherlands.\1\ We invited interested parties to comment on the 
Preliminary Results. We received no comments. The Department has 
conducted this administrative review in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Purified Carboxymethylcellulose From the Netherlands: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary No Shipment Determination; 2011-2012, 78 FR 48649 
(August 9, 2013) (Preliminary Results).
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Tolling of Deadlines

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the

[[Page 78813]]

closure of the Federal Government from October 1, through October 16, 
2013.\2\ Therefore, all deadlines in this segment of the proceeding 
have been extended by 16 days. If the new deadline falls on a non-
business day, in accordance with the Department's practice, the 
deadline will become the next business day. The revised deadline for 
the final results of this review is now December 26, 2013.
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    \2\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' dated October 18, 2013.
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Scope of the Order

    The product 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 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.

Determination of No Shipments

    As noted in the Preliminary Results,\3\ we received a no-shipment 
claim from CP Kelco, and we confirmed this claim with U.S. Customs and 
Border Protection (CBP). Because we continue to 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.
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    \3\ See Preliminary Results at 48650.
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    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.\4\ 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.
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    \4\ 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).
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    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.\5\ 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.
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    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
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Final Results of Review

    We have made no changes to our calculations announced in the 
Preliminary Results. Therefore, as a result of our review, we determine 
that the following weighted-average dumping margin exists for the 
period July 1, 2011, through June 30, 2012:

------------------------------------------------------------------------
                                                            weighted-
                        Producer                          average margin
                                                           (percentage)
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Akzo Nobel Functional Chemicals B.V....................            0.64
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Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review. 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).\6\ 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.\7\
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    \6\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at page 7.
    \7\ See 19 CFR 351.212(b).
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    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.\8\
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    \8\ For a full discussion of this clarification, see Assessment 
Policy Notice.
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    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

[[Page 78814]]

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.\9\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \9\ 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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Reimbursement of Duties

    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 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 order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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: December 18, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-31114 Filed 12-26-13; 8:45 am]
BILLING CODE 3510-DS-P