[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Pages 61700-61702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25210]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-405-803, A-421-811, A-401-808]
Purified Carboxymethylcellulose From Finland, the Netherlands,
and Sweden: Final Results of the Expedited First Sunset Reviews of the
Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 2, 2010, the Department of Commerce (the Department)
initiated first sunset reviews of the antidumping duty orders on
purified carboxymethylcellulose (CMC) from, inter alia, Finland, the
Netherlands, and Sweden, pursuant to section 751(c) of the Tariff Act
of 1930, as amended (the Act). The Department has conducted expedited
(120-day) sunset reviews of the Finland, the Netherlands, and Sweden
antidumping duty orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2).\1\
As a result of these sunset reviews, the Department finds that
revocation of the antidumping duty orders would be likely to lead to
continuation or recurrence of dumping.
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\1\ With respect to the antidumping duty order on CMC from
Mexico, the Department is conducting a full sunset review, the
preliminary results of which were signed on September 20, 2010. See
Purified Carboxymethylcellulose from Mexico: Preliminary Results of
the First Five-Year (``Sunset'') Review of Antidumping Duty Order,
75 FR 60084 (September 29, 2010).
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., Washington, DC 20230; telephone: (202) 482-
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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) \2\ within the
deadline specified in 19 CFR 351.218(d)(1)(i). Aqualon 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.
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\2\ Aqualon Company is a division of Hercules Incorporated.
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The Department received adequate substantive responses to the
Notice of Initiation from Aqualon within the 30-day deadline specified
in 19 CFR 351.218(d)(3)(i). We received no substantive responses from
respondent interested parties with respect to the antidumping duty
orders on CMC from Finland and Sweden.
On July 2, 2010, respondent Akzo Nobel filed a response concerning
the sunset review of CMC from the Netherlands. Using the data provided
by Aqualon in its July 1, 2010, substantive response, and data provided
by Akzo Nobel in its July, 2, 2010, response, the Department found that
Akzo Nobel accounted for less than 50 percent of exports of subject
merchandise from the Netherlands. On July 22, 2010, the Department
determined that Akzo Nobel's response was not adequate because it did
not account for more than 50 percent of the total exports of subject
merchandise to the United States over the relevant five-year period as
required by 19 CFR 351.218(e)(1)(ii)(A). 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 the
Netherlands,'' dated July 22, 2010.
As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department determined that it would conduct expedited (120-day) sunset
reviews of the antidumping duty orders on CMC from Finland, the
Netherlands, and Sweden 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
its reference to Harmonized Tariff Schedule of the United States
(HTSUS) number 3913.31.00.10 at page
[[Page 61701]]
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
Finland, the Netherlands, and Sweden; Correction to Domestic Interested
Party's July 1, 2010, Substantive Response, dated September 23, 2010.
Scope of the Orders
The merchandise covered by the orders 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 orders is currently classified in the HTSUS
at subheading 3912.31.00.\3\ This tariff classification is provided for
convenience and customs purposes; however, the written description of
the scope of the orders is dispositive.
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\3\ 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 these sunset
reviews 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 these reviews are addressed in the ``Issues
and Decision Memorandum for the Expedited First Sunset Reviews of the
Antidumping Duty Orders on Purified Carboxymethylcellulose from
Finland, the Netherlands, and Sweden'' 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
orders were revoked. Parties can find a complete discussion of all
issues raised in these reviews and the corresponding recommendations in
this public memorandum which is on file in the Central Records Unit,
room 7046 of the main 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. The paper copy and electronic version of the
Decision Memo are identical in content.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on CMC
from Finland, the Netherlands, and Sweden would be likely to lead to
continuation or recurrence of dumping at the following weighted-average
percentage margins:
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Weighted-
average
Manufacturers/Exporters/Producers margin
(percent)
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Finland:
CP Kelco Oy............................................ 6.65
All Others Rate........................................ 6.65
The Netherlands:
Akzo Nobel Surface Chemistry B.V.\4\................... 13.39
CP Kelco B.V........................................... 14.88
All Others Rate........................................ 14.57
Sweden:
CP Kelco AB............................................ 25.29
All Others Rate........................................ 25.29
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[[Page 61702]]
Notification to Interested Parties
This notice also serves as the only 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. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
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\4\ The Department preliminarily determined that Akzo Nobel
Functional Chemicals B.V. is the successor-in-interest to Akzo Nobel
Surface Chemistry B.V. See Purified Carboxymethylcellulose From the
Netherlands; Preliminary Results of Antidumping Duty Administrative
Review, 75 FR 48310 (August 10, 2010). The Department intends to
issue the final results on December 8, 2010 (the deadline may be
extended).
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We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: September 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-25210 Filed 10-5-10; 8:45 am]
BILLING CODE 3510-DS-P