[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Pages 60084-60085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24458]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-201-834
Purified Carboxymethylcellulose from Mexico: Preliminary Results
of the First Five-year (``Sunset'') Review of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 2, 2010, the Department of Commerce (the Department)
initiated sunset reviews of the antidumping duty orders on purified
carboxymethylcellulose (CMC) from Finland, Mexico, the Netherlands, and
Sweden, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).
On the basis of the notice of intent to participate, and adequate
substantive responses filed on behalf of the domestic and respondent
interested parties, the Department is conducting a full sunset review
of the antidumping duty order on CMC from Mexico, pursuant to section
751(e)(3)(B) of the Act and 19 CFR 351.218(e)(2)(i).
As a result of this sunset review, the Department preliminarily
finds that revocation of the antidumping duty order with respect to CMC
from Mexico would likely lead to continuation or recurrence of dumping
at the levels listed below in the section entitled ``Preliminary
Results of Review.''
FOR FURTHER INFORMATION: 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, Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2010, the Department published in the Federal Register
the notice of initiation of the sunset reviews of the antidumping duty
orders on CMC from Finland, the Netherlands, Mexico, and Sweden,
pursuant to section 751(c) of the Act. See Initiation of Five-year
(``Sunset'') Review, 75 FR 30777 (June 2, 2010) (Notice of Initiation).
The Department received a notice of intent to participate from
domestic interested party Aqualon Company (Aqualon) within the deadline
specified in 19 CFR 351.218(d)(1)(i). The domestic interested party
claimed interested party status under section 771(9)(C) of the Act, as
the sole manufacturer of a domestic-like product in the United States.
The Department received complete substantive responses to the
Notice of Initiation from the domestic interested party and respondent
interested party, Quimica Amtex S.A. de C.V. (Quimica Amtex), within
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\1\ The
Department did not receive any rebuttal comments from the domestic
interested party or respondent interested party.
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\1\ Domestic interested and respondent parties filed substantive
responses on July 1, 2010, and July 2, 2010, respectively.
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On July 22, 2010, the Department determined that respondent
interested party accounted for more than 50 percent of exports by
volume of the subject merchandise and, therefore, submitted an adequate
substantive response to the Department's Notice of Initiation. See
Memorandum to Richard O. Weible, Director, AD/CVD Operations, Office 7,
``Adequacy Determination in the First Five-year ``Sunset Review'' (2005
through 2009) of the Antidumping Duty Order on Purified
Carboxymethylcellulose from Mexico,'' dated July 22, 2010 (Adequacy
Memo). The Department also determined that the domestic interested
party submitted an adequate response. See Adequacy Memo at 2 and 19 CFR
351.218(d)(3)(ii) and 19 CFR 351.218(e)(1)(A). In accordance with 19
[[Page 60085]]
CFR 351.218(e)(2)(i), the Department determined to conduct a full
sunset review of this antidumping duty order and notified the U.S.
International Trade Commission. See Letter to Ms. Catherine DeFilippo,
Director, Office of Investigations, U.S. International Trade
Commission, from James Maeder, Director, Office 2, AD/CVD Operations,
entitled ``Expedited and Full Sunset Reviews of the Antidumping Duty
Orders Initiated in June 2010,'' dated July 22, 2010.
On September 15, 2010, the Department contacted Aqualon regarding
the reference to Harmonized Tariff Schedule of the United States
(HTSUS) number 3913.31.00.10 at 12 of the Appendix of its substantive
response, dated July 1, 2010. Aqualon stated on September 15, 2010,
that it had mistakenly referenced the wrong HTSUS number in its
substantive response and intended to reference HTSUS number
3912.31.00.10. See Memorandum to the File from Dena Crossland,
Regarding Preliminary Results of First Sunset Review of the Antidumping
Duty Order on Purified Carboxymethylcellulose from Mexico; Correction
to Domestic Interested Party's July 1, 2010, Substantive Response,
dated September 16, 2010.
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 currently classified in the HTSUS at subheading 3912.31.00.\2\ This
tariff classification is provided for convenience and Customs purposes;
however, the written description of the scope of the order is
dispositive.
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\2\ Although HTSUS number 3912.31.00.10 may be more specific to
subject merchandise, it was not created until 2005. As such, we are
relying on HTSUS number 3912.31.00 for purposes of this sunset
review because in determining whether revocation of an order would
likely lead to continuation or recurrence of dumping, the Department
considers the margins established in the investigation and/or
reviews conducted during the sunset review period as well as the
volume of imports for the periods before and after the issuance of
the order. See section 752(c)(1) of the Act.
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Analysis of Comments Received
All issues raised in this review are addressed in the ``Issues and
Decision Memorandum for the Preliminary Results of First Sunset Review
of the Antidumping Duty Order on Purified Carboxymethylcellulose from
Mexico,'' from Susan H. Kuhbach, Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration (Decision Memo),
which is hereby adopted by, and issued concurrently with, this notice.
The issues discussed in the Decision Memo include the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
likely to prevail if the order were revoked. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit, room 7046 of the main Commerce
Department building. In addition, a complete version of the Decision
Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision Memo
are identical in content.
Preliminary Results
The Department preliminarily determines that revocation of the
antidumping duty order on CMC from Mexico is likely to lead to
continuation or recurrence of dumping at the following weighted-average
margins:
Quimica Amtex....................................... 12.61 percent
All Others.......................................... 12.61 percent
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Public Comment
Any interested party may request a hearing within 30 days of
publication of this notice in accordance with 19 CFR 351.310(c).
Consistent with 19 CFR 351.309(c)(1)(i), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, which must be limited to issues raised in the
case briefs, may be filed no later than 5 days after the time limit for
filing the case briefs, in accordance with 19 CFR 351.309(d)(1). Any
hearing, if requested will be held two days after rebuttal briefs are
due, unless the Department alters the date, in accordance with 19 CFR
351.310(d)(1). The Department intends to issue a notice of final
results of the first sunset review, which will include the results of
its analysis of issues raised in any such briefs, no later than January
28, 2011.
This five-year (``sunset'') review and notice are in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: September 20, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-24458 Filed 9-28-10; 8:45 am]
BILLING CODE 3510-DS-S