Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose From the Netherlands, 5609-5610 [05-2089]
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Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices
the purposes of determining critical
circumstances. Therefore, for the
reasons expressed above with respect to
the PRC-wide entity, we determine that
the increase in imports from Guangling
were massive during the applicable
relatively short period of time.
We preliminarily determine for the
RSM companies and Jiangsu that no
critical circumstances exist because we
do not find massive imports over a
relatively short period.
We will issue a final determination
concerning critical circumstances for all
producers/exporters of subject
merchandise from the PRC when we
issue our final determination in this
investigation, which will be on February
16, 2005.
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Import Administration no
later than three days after the
publication of the preliminary
determination of critical circumstances
in this proceeding. Rebuttal briefs
limited to issues raised in the
aforementioned case briefs will be due
no later than two days after the deadline
date for case briefs.
Suspension of Liquidation
With respect to Tianjin, Guangling
and the PRC-wide entity for magnesium
metal we will direct U.S. Customs and
Border Protection (‘‘CBP’’) to suspend
liquidation of all unliquidated entries of
magnesium metal from the PRC that
were entered, or withdrawn from
warehouse, for consumption on or after
90 days prior to the date of publication
in the Federal Register of our
preliminary determination in these
investigation. In accordance with
section 733(d) of the Act, with respect
to the RSM companies and Jiangsu, we
will make no changes to our
instructions to the CBP with respect to
the suspension of liquidation of all
entries of subject merchandise entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication of our preliminary
determination in the Federal Register.
This determination is issued and
published in accordance with Sections
733(f) and 777(i)(1) of the Act.
Dated: January 28, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–2187 Filed 2–2–05; 8:45 am]
BILLING CODE: 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839]
Certain Polyester Staple Fiber From
Korea: Notice of Extension of Time
Limit for 2003–2004 Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 3, 2005.
FOR FURTHER INFORMATION CONTACT:
Andrew McAllister or Yasmin Bordas,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–1174 or (202) 482–
3813, respectively.
5609
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: January 28, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 05–2085 Filed 2–2–05; 8:45 am]
BILLING CODE 3510–DS–P
AGENCY:
Statutory Time Limits
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department of Commerce
(‘‘Department’’) to issue the preliminary
results of an administrative review
within 245 days after the last day of the
anniversary month of an order for which
a review is requested and a final
determination within 120 days after the
date on which the preliminary results
are published. If it is not practicable to
complete the review within the time
period, section 751(a)(3)(A) of the Act
allows the Department to extend these
deadlines to a maximum of 365 days
and 180 days, respectively.
Background
On June 30, 2004, the Department
published a notice of initiation of
administrative review of the
antidumping duty order on certain
polyester staple fiber (‘‘PSF’’) from
Korea, covering the period May 1, 2003,
through April 30, 2004 (69 FR 39409).
The preliminary results for the
antidumping duty administrative review
of certain PSF from Korea are currently
due no later than January 31, 2005.
Extension of Time Limits for
Preliminary Results
Because the Department requires
additional time to review and analyze
the supplemental questionnaire
response, it is not practicable to
complete this review within the
originally anticipated time limit (i.e.,
January 31, 2005). Therefore, the
Department is extending the time limit
for completion of the preliminary
results to not later than May 31, 2005,
in accordance with section 751(a)(3)(A)
of the Act.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–811]
Notice of Amended Preliminary
Determination of Sales at Less Than
Fair Value: Purified
Carboxymethylcellulose From the
Netherlands
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of amended preliminary
determination of sales at less than fair
value.
AGENCY:
EFFECTIVE DATE:
February 3, 2005.
FOR FURTHER INFORMATION CONTACT:
Angelica Mendoza or John Drury, Office
7, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 1401 Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–3019 or (202) 482–
0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2004, the
Department determined that purified
carboxymethylcellulose (‘‘CMC’’) from
the Netherlands is being, or is likely to
be, sold in the United States at less than
fair value (‘‘LTFV’’), as provided in
section 735(a) of the Tariff Act of 1930,
as amended (‘‘the Act’’). See Notice of
Preliminary Determination of Sales at
Less Than Fair Value and Postponement
of Final Determination: Purified
Carboxymethylcellulose From the
Netherlands, 69 FR 77205 (December
27, 2004). The Department released
disclosure materials to interested parties
on December 21, 2004.
On December 27, 2004, respondent
Noviant BV (‘‘Noviant’’) submitted a
letter to the Department alleging
significant ministerial errors as defined
by 19 CFR 351.224(g). On December 30,
2004, Aqualon Company (‘‘petitioner’’)
also submitted a letter to the
Department alleging an additional
ministerial error.
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5610
Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices
Scope of the Investigation
For purposes of this investigation, the
products covered are all purified CMC,
sometimes also referred to as purified
sodium CMC, polyanionic cellulose, or
cellulose gum, which is a white to offwhite, 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
investigation is classified in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) at subheading
3912.31.00. This tariff classification is
provided for convenience and customs
purposes; however, the written
description of the scope of this
investigation is dispositive.
Amended Preliminary Determination
In accordance with section 735(e) of
the Act, we have determined that
significant ministerial errors were made
in the calculation of Noviant’s
preliminary margin. Specifically, we
have determined that there were errors
concerning the calculation of
constructed export price (‘‘CEP’’) profit,
third-party commissions, indirect
selling expenses, currency conversions,
billing adjustments, and level of trade.
We have disregarded comments by
petitioner as they were not timely filed
in accordance with 19 CFR
351.224(c)(2). For a detailed discussion
of the above-cited ministerial error
allegations and the Department’s
analysis, see Memorandum to Richard
O. Weible, ‘‘Allegation of Significant
Ministerial Errors; Preliminary
Determination in the Antidumping Duty
Investigation of Purified
Carboxymethylcellulose from the
Netherlands’’ dated January 27, 2005, a
public version of which is on file in
room B–099 of the main Commerce
building.
Therefore, in accordance with 19 CFR
351.224(e), we are amending the
preliminary determination of the
antidumping duty investigation of
Purified CMC to correct these significant
ministerial errors. The revised
preliminary weighted-average dumping
margins are as follows:
Original
weighted-average margin
percentage
Exporter/manufacturer
Noviant BV ...............................................................................................................................................................
All others ..................................................................................................................................................................
Continuation of Suspension of
Liquidation
DEPARTMENT OF COMMERCE
International Trade Administration
In accordance with section
735(c)(1)(B) of the Act, we are directing
U.S. Customs and Border Protection
(‘‘CBP’’) to continue to suspend
liquidation of all imports of Purified
CMC from the Netherlands. CBP shall
require a cash deposit or the posting of
a bond equal to the weighted-average
amount by which the normal value
exceeds the export price or CEP, as
indicated in the chart above. These
suspension of liquidation instructions
will remain in effect until further notice.
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
Dated: January 28, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–2089 Filed 2–2–05; 8:45 am]
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[A–583–830]
Stainless Steel Plate in Coils From
Taiwan; Notice of Extension of Time
Limits for Preliminary Results in
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 3, 2005.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Jill Pollack at
(202) 482–3874 or (202) 482–4593,
respectively, AD/CVD Operations,
Office 2, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2004, the Department
published in the Federal Register (69
FR 39409) a notice of initiation of an
administrative review of the
antidumping duty order on stainless
steel plate in coils from Taiwan. The
period of review (POR) is May 1, 2003,
through April 30, 2004, and the
preliminary results are currently due no
later than January 31, 2004.
AGENCY:
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Revised
weighted-average margin
percentage
27.11
22.21
13.27
12.84
Extension of Preliminary Results
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
the Department shall make a
preliminary determination in an
administrative review of an
antidumping order within 245 days after
the last day of the anniversary month of
the date of publication of the order. The
Act further provides, however, that the
Department may extend the 245-day
period to 365 days if it determines it is
not practicable to complete the review
within the foregoing time period. We
determine that it is not practicable to
complete this administrative review
within the time limits mandated by
section 751(a)(3)(A) of the Act because
the Department received a filing from
the petitioners in this administrative
review 1 on January 21, 2005, in which
the petitioners allege that Ta Chen
Stainless Pipe Co., Ltd. misclassified
entries of subject merchandise made
during the POR as non-subject
merchandise. The Department requires
further time in order to analyze the
issue. Consequently, we have extended
the deadline for completing the
preliminary results until May 31, 2005.
This extension is in accordance with
section 751(a)(3)(A) of the Act (19
1 The petitioners are Allegheny Ludlum Corp.,
United Auto Workers Local 3303, Zanesville Armco
Independent Organization and the United
Steelworkers of America, and AFL–CIO/CLC.
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[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Pages 5609-5610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2089]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-811]
Notice of Amended Preliminary Determination of Sales at Less Than
Fair Value: Purified Carboxymethylcellulose From the Netherlands
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended preliminary determination of sales at less
than fair value.
-----------------------------------------------------------------------
EFFECTIVE DATE: February 3, 2005.
FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or John Drury, Office
7, Import Administration, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-3019 or (202) 482-0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2004, the Department determined that purified
carboxymethylcellulose (``CMC'') from the Netherlands is being, or is
likely to be, sold in the United States at less than fair value
(``LTFV''), as provided in section 735(a) of the Tariff Act of 1930, as
amended (``the Act''). See Notice of Preliminary Determination of Sales
at Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethylcellulose From the Netherlands, 69 FR 77205
(December 27, 2004). The Department released disclosure materials to
interested parties on December 21, 2004.
On December 27, 2004, respondent Noviant BV (``Noviant'') submitted
a letter to the Department alleging significant ministerial errors as
defined by 19 CFR 351.224(g). On December 30, 2004, Aqualon Company
(``petitioner'') also submitted a letter to the Department alleging an
additional ministerial error.
[[Page 5610]]
Scope of the Investigation
For purposes of this investigation, the products covered are 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 this investigation is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheading 3912.31.00. This tariff classification is provided for
convenience and customs purposes; however, the written description of
the scope of this investigation is dispositive.
Amended Preliminary Determination
In accordance with section 735(e) of the Act, we have determined
that significant ministerial errors were made in the calculation of
Noviant's preliminary margin. Specifically, we have determined that
there were errors concerning the calculation of constructed export
price (``CEP'') profit, third-party commissions, indirect selling
expenses, currency conversions, billing adjustments, and level of
trade. We have disregarded comments by petitioner as they were not
timely filed in accordance with 19 CFR 351.224(c)(2). For a detailed
discussion of the above-cited ministerial error allegations and the
Department's analysis, see Memorandum to Richard O. Weible,
``Allegation of Significant Ministerial Errors; Preliminary
Determination in the Antidumping Duty Investigation of Purified
Carboxymethylcellulose from the Netherlands'' dated January 27, 2005, a
public version of which is on file in room B-099 of the main Commerce
building.
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the preliminary determination of the antidumping duty investigation of
Purified CMC to correct these significant ministerial errors. The
revised preliminary weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Original Revised
weighted- weighted-
Exporter/manufacturer average margin average margin
percentage percentage
------------------------------------------------------------------------
Noviant BV.............................. 27.11 13.27
All others.............................. 22.21 12.84
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all imports of Purified CMC from the
Netherlands. CBP shall require a cash deposit or the posting of a bond
equal to the weighted-average amount by which the normal value exceeds
the export price or CEP, as indicated in the chart above. These
suspension of liquidation instructions will remain in effect until
further notice.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: January 28, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-2089 Filed 2-2-05; 8:45 am]
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