[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73035-73036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29961]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-405-803]
Purified Carboxymethylcellulose From Finland; Notice of Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 9, 2010, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on purified
carboxymethylcellulose from Finland. See Purified
Carboxymethylcellulose from Finland; Notice of Preliminary Results of
Antidumping Duty Administrative Review, 75 FR 47788 (August 9, 2010)
(Preliminary Results). We gave interested parties an opportunity to
comment on the Preliminary Results and received no comments.
DATES: Effective Date: November 29, 2010.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, or Robert James, 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-
1121 or (202) 482-0649, respectively
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2010, the Department published the preliminary results
of administrative review of the antidumping duty order covering
purified carboxymethylcellulose from Finland. See Preliminary Results.
The parties subject to this review are CP Kelco Oy and CP Kelco U.S.,
Inc. (collectively, CP Kelco). The petitioner in this proceeding is the
Aqualon Company, a division of Hercules Incorporated (Petitioner).
In the Preliminary Results, the Department stated that interested
parties may submit case briefs within 30 days of publication of the
Preliminary Results and rebuttal briefs within five days after the due
date for filing case briefs. See Preliminary Results at 47794. No
interested party submitted a case or rebuttal brief. Accordingly, we
made no changes for the final results. See Memorandum from Tyler
Weinhold, to the File, ``Analysis of Data Submitted by CP Kelco Oy and
CP Kelco U.S. Inc. (collectively, CP Kelco) in the Preliminary Results
of the 2008-2009 Administrative Review of Purified
Carboxymethylcellulose (CMC) from Finland,'' dated August 2, 2010;
Memorandum from Tyler Weinhold, to the File, ``Analysis of Data
Submitted by CP Kelco Oy and CP Kelco U.S. Inc. (collectively, CP
Kelco) in the 2008-2009 Administrative Review of Purified
Carboxymethylcellulose (CMC) from Finland,'' and Memorandum from Sheikh
M. Hannan, to the File, ``Cost of Production and Constructed Value
Calculation Adjustments for the Preliminary Results--CP Kelco Oy.''
Period of Review
The period of review (POR) is July 1, 2008, through June 30, 2009.
Scope of the Order
The merchandise covered by this order is all purified
carboxymethylcellulose (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 this order is 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.
Final Results of Review
The Department has determined that the following margin exists for
the period July 1, 2008, through June 30, 2009:
------------------------------------------------------------------------
Weighted-
Manufacturer average margin
(percentage)
------------------------------------------------------------------------
CP Kelco Oy............................................. 6.10
------------------------------------------------------------------------
Assessment Rates
Pursuant to these final results, the Department has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. The Department intends to issue
assessment instructions for CP Kelco to CBP 15 days after the date of
publication of these final results. Pursuant to 19 CFR 351.212(b)(1),
we calculated importer-specific (or customer-specific) ad valorem duty
assessment rates based on the ratio of the total amount of the dumping
margins calculated for the examined sales to the total entered value of
those same sales. We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review if any importer-specific
(or customer-specific) assessment rate calculated in the final results
of this review are above de minimis.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
of Antidumping Duties). This clarification will apply to entries of
subject
[[Page 73036]]
merchandise during the POR produced by CP Kelco for which CP Kelco did
not know the merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate un-reviewed entries at the
6.65 percent all-others rate from the LTFV investigation if there is no
company-specific rate for an intermediary involved in the transaction.
See Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose
from Finland, Mexico, the Netherlands and Sweden, 70 FR 39734 (July 11,
2005). See Assessment of Antidumping Duties for a full discussion of
this clarification.
Cash Deposit Requirements
Furthermore, the following cash deposit requirements will be
effective upon publication of these final results for all shipments of
purified carboxymethylcellulose from Finland 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)(1) of the Tariff Act of 1930, as amended (the Act): (1) The cash
deposit rate for CP Kelco will be the rate established in the final
results of review; (2) if the exporter is not a firm covered in this
review or 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 (3)
if neither the exporter nor the manufacturer is a firm covered in this
or any previous review conducted by the Department, the cash deposit
rate will be the all-others rate from the LTFV investigation. Id. These
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 POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
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(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) of the Act.
Dated: November 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29961 Filed 11-26-10; 8:45 am]
BILLING CODE 3510-DS-P