Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from the Netherlands, 28275-28277 [E5-2466]

Download as PDF Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices entitled to a separate rate and for which no review was requested, the cash deposit rate will be the rate established in the most recent review of that company; (3) for all other PRC exporters of subject merchandise, the rate will be the PRC country–wide rate of 128.63 percent, which is the ‘‘All Other PRC Manufacturers, Producers and Exporters’’ rate from the Final Determination of Sales at Less Than Fair Value: Certain Helical Spring Lock Washers from the PRC, 58 FR 48833 (September 20, 1993); and (4) for non– PRC exporters of subject merchandise from the PRC, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that exporter. These deposit rates shall remain in effect until publication of the final results of the next administrative review. Notification to Importers 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 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 doubled antidumping duties. Notification Regarding APOs 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, 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 these results and notice in accordance with sections 751(a) and 777(i) of the Act. Date: May 9, 2005. Joseph A Spetrini, Acting Assistant Secretary for Import Administration. Appendix I--Decision Memorandum Comment 1: Use of Steel Wire Rod from the United Kingdom Comment 2: Plating Factor vs. Plating Services Comment 3: Labor Rate VerDate jul<14>2003 15:22 May 16, 2005 Jkt 205001 Comment 4: Offsetting for Negative Margins Comment 5: By–Product Offset Comment 6: Calculation of Brokerage and Handling Cost Comment 7: Steel Wire Rod Inputs Comment 8: Financial Ratios Comment 9: Valuation of Steel Scrap Comment 10: Hydrochloric Acid Comment 11: Joint Venture Comment 12: Application of Overhead to COM [FR Doc. E5–2465 Filed 5–16–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–485–806) Notice of Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review: Certain Hot– Rolled Carbon Steel Flat Products from Romania Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 17,2005. FOR FURTHER INFORMATION CONTACT: David Layton or Paul Stolz, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0371 and (202) 482–4474, respectively. SUPPLEMENTARY INFORMATION: On April 13, 2005, the Department of Commerce (the Department) published in the Federal Register a notice extending the final results of the administrative review of the antidumping duty order on certain cut–to-length carbon steel plate from Romania by 30 days until no later than May 6, 2005. See Notice of Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review: Certain Hot– Rolled Carbon Steel Flat Products from Romania 70 FR 19417 (April 13, 2005). 28275 the complexity of the issues arising from Romania’s graduation to market economy status during the review period, it is not practicable to complete this review within the time limits mandated by section 751(a)(3)(A) of the Act and section 351.213(h)(1) of the Department’s regulations. Therefore, the Department is extending the time limit for the completion of these final results to 180 days. Accordingly, the final results of this review will now be due no later than June 6, 2005, which is the first business day after 180 days from the publication of the preliminary results. This notice is published in accordance with section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations. Dated: May 6, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–2468 Filed 5–16–05; 8:45 am] BILLING CODE 3510–DS–S AGENCY: Extension of Time Limit for Final Results Section 751(a)(3)(A) of the Trade Act as amended (the Act) provides that the Department may extend the time limit for completion of the final results of an administrative review to a maximum of 180 days if it determines that it is not practicable to complete the final results within the statutory time limit of 120 days from the date on which the preliminary results were published. The Department has determined that due to PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration (A–421–811) Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from the Netherlands Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 16, 2004, the U.S. Department of Commerce (the Department) made its preliminary determination in the antidumping duty investigation of purified carboxymethylcellulose (CMC) from the Netherlands, which was amended on February 3, 2005, pursuant to comments received by Noviant B.V. We gave interested parties an opportunity to comment on the preliminary and amended determinations. Based upon the results of verification and our analysis of the comments received, we have made certain changes. We continue to find that purified CMC from the Netherlands was sold in the United States below normal value during the period of investigation. The final weighted–average dumping margins are listed below in the section entitled ‘‘Continuation of Suspension of Liquidation.’’ EFFECTIVE DATE: May 17, 2005. FOR FURTHER INFORMATION CONTACT: Angelica Mendoza, John Drury, David Kurt Kraus or Judy Lao, AD/CVD AGENCY: E:\FR\FM\17MYN1.SGM 17MYN1 28276 Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3019, (202) 482–0195, (202) 482–7871, or (202) 482–7924, respectively. SUPPLEMENTARY INFORMATION: Background On December 16, 2004, the Department determined that purified 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 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) (Preliminary Determination). The two companies that the Department is investigating are Noviant B.V. (Noviant) and Akzo Nobel Surface Chemistry (ANSC). The Department released disclosure materials to interested parties on December 21, 2004. On December 27, 2004, respondent Noviant submitted a letter to the Department alleging significant ministerial errors as defined by section 351.224(g) of the Department’s regulations. On December 30, 2004, Aqualon Company (petitioner) also submitted a letter to the Department alleging an additional ministerial error. ANSC did not allege ministerial errors with respect to the Department’s calculation of its preliminary dumping margin. On January 21, 2005, petitioner and Noviant requested that a public hearing be held for this case. From January 31, 2005, through February 4, 2005, Department officials verified constructed value information submitted by Noviant. See Memorandum to Neal M. Halper, Director, Office of Accounting, through Theresa L. Caherty, Program Manager, ‘‘Verification Report on the Constructed Value Data Submitted by Noviant BV,’’ dated March 17, 2005. On February 3, 2005, the Department published its amended preliminary determination of the antidumping duty investigation of purified CMC from the Netherlands. See Amended Preliminary Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from the Netherlands, 70 FR 5609 (February 3, 2005) (Amended Preliminary Determination). See also Memorandum to Richard O. Weible, Director, Office 7, VerDate jul<14>2003 15:22 May 16, 2005 Jkt 205001 ‘‘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. Since the Amended Preliminary Determination, the following events have occurred: From February 14, 2005, through February 16, 2005, the Department verified U.S. sales information submitted by Noviant Inc. See the Memorandum to the File, through Abdelali Elouaradia, Program Manager, Office 7, ‘‘Verification of U.S. Sales Information Submitted by Noviant Inc.,’’ dated March 17, 2005. From February 21, 2005, through February 23, 2005, the Department verified U.S. sales information submitted by Akzo Nobel Cellulosic Specialties, Inc. (AN–US), ANSC’s U.S. affiliate. See the Memorandum to the File, through Abdelali Elouaradia, Program Manager, Office 7, ‘‘Verification of U.S. Sales Information Submitted by AN–US,’’ dated March 24, 2005. From February 21, 2005, through February 25, 2005, Department officials verified third country and U.S. sales information submitted by Noviant. See the Memorandum to the File, through Abdelali Elouaradia, Program Manager, Office 7, ‘‘Verification of Third Country and U.S. Sales Information Submitted by Noviant B.V. (Noviant BV),’’ dated March 17, 2005. From February 28, 2005, to March 4, 2005, Department officials verified home and U.S. market sales data submitted by ANSC. See the Memorandum to the File, through Abdelali Elouaradia, Program Manager, Office 7, ‘‘Verification of Home Market and U.S sales in the Netherlands,’’ dated March 31, 2005. On March 24, 2005, petitioner submitted comments for consideration in the Department’s final margin calculation for Noviant and withdrew its request for a public hearing; and Noviant submitted its case brief. On March 25, 2005, Noviant withdrew its January 21, 2005, request for a public hearing. Since both parties withdrew their hearing requests, we did not hold a public hearing for this case. On March 29, 2005, petitioner filed its rebuttal brief in response to arguments made by Noviant in its case brief. Noviant did not file a rebuttal brief. On April 6, 2005, ANSC filed its case brief regarding the Department’s March 31, 2005, verification report. Petitioner did not file any briefs or rebuttal briefs to coincide with ANSC’s submission. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Scope of Investigation For purposes of this investigation, the products covered are 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 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. Period of Investigation The period of investigation (POI) is April 1, 2003, through March 31, 2004. This period corresponds to the four most recent fiscal quarters prior to the filing of the petition on June 9, 2004. Fair Value Comparisons We calculated constructed export price, export price, and normal value based on the same methodologies used in the Preliminary Determination and Amended Preliminary Determination for Noviant. However, we made the following changes: Noviant We used the third country and U.S. sales databases submitted by Noviant after verification, which included revisions for minor corrections and findings from verification. We revised our treatment of the indirect selling expense calculation of Noviant Pte., an affiliate of Noviant that handles all of its sales to Asia. See the Memorandum from Barbara E. Tillman to Joseph A. Spetrini, ‘‘Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Purified Carboxymethylcellulose from the Netherlands,’’ dated May 10, 2005 (Decision Memo) at Comment 2. We corrected an inadvertent error in the Department’s preliminary calculation of certain movement expenses incurred on sales by Noviant, which was not E:\FR\FM\17MYN1.SGM 17MYN1 Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices corrected in our Amended Preliminary Determination. See Decision Memo at Comment 3. We applied facts available to account for certain unreported U.S. sales of subject merchandise. We made an adjustment to account for the bad debt expenses incurred by Noviant. We revised Noviant’s reported inventory carrying costs to reflect corrections presented at verification and to correct for errors discovered in our preliminary inventory carrying cost calculations. We used the shipment dates as the date of sale for sales where the date of shipment occurred prior to the issuance of an invoice. For a detailed discussion of the changes made to Noviant’s final margin calculation, see the Memorandum to File, through Abdelali Elouaradia, Program Manager, Office 7, ‘‘Noviant’s Final Determination Calculation Memorandum,’’ dated May 10, 2005. ANSC We used the U.S. database submitted by ANSC after verification in our margin calculations, which includes the minor corrections presented at verification. We made no changes to ANSC’s final margin calculation, see the Memorandum to File, through Abdelali Elouaradia, Program Manager, Office 7, ‘‘ANSC’s Final Determination Calculation Memorandum,’’ dated May 10, 2005. Constructed Value We calculated constructed value (CV) for Noviant based on the same methodologies used in the Preliminary Determination. However, we revised Noviant’s general and administrative (G&A), research and development (R&D) and financial expense ratios consistent with the summary of findings section of the cost verification report. See Memorandum to Neal Halper, Director, Office of Accounting, through Theresa L. Caherty, Program Manager, ‘‘Constructed Value Calculation Adjustments for the Final Determination - Noviant BV,’’ dated May 10, 2005. Verifications As provided in section 782(i)(1) of the Act, we verified the information submitted by the respondents during January and February 2005. We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the respondents. Analysis of Comments Received All issues raised in the petitioner’s and the respondents’ case and rebuttal briefs are addressed in the May 10, 2005, Decision Memo, which is hereby adopted by this notice. Attached to this notice as an appendix is a list of the issues that the petitioner and the respondents have raised and to which we have responded in the Decision Memo. Parties can find a complete discussion of all issues raised in this investigation and the corresponding Manufacturer/Exporter See Memoranda to the File, Final Determination Analysis for ANSC and Noviant, respectively, dated May 10, 2005. Public versions of our analysis memoranda are on file in the CRU. ITC Notification In accordance with section 735(d) of the Act, we have notified the U.S. International Trade Commission (ITC) of our determination. As our final determination is affirmative, the ITC will, within 45 days, determine whether these imports are materially injuring, or threatening material injury to, the U.S. industry. If the ITC determines that material injury, or threat of material injury, does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury VerDate jul<14>2003 15:22 May 16, 2005 Jkt 205001 Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B)(ii) of the Act, we are directing the U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all imports of subject merchandise from the Netherlands that are entered, or withdrawn from warehouse, for consumption on or after December 27, 2004, the date of publication of the Preliminary Determination in the Federal Register. The CBP shall continue to require a cash deposit or the posting of a bond equal to the weighted–average amount by which the NV exceeds the EP or CEP, as indicated in the chart below. These suspension–of-liquidation instructions will remain in effect until further notice. The weighted–average dumping margins are as follows: Weighted–Average Margin (percent) 04/01/03 - 03/31/04 04/01/03 - 03/31/04 04/01/03 - 03/31/04 does exist, the Department will issue an antidumping duty order. Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.305 of the Department’s regulations. Timely notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. PO 00000 recommendations in this public memorandum, which is on file in the Department’s Central Record Unit (CRU), room B–099 of the main Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn/summary/ list.htm. The paper copy and electronic version of the Decision Memo are identical in content. POI Akzo Nobel Surface Chemistry ........................................................................... Noviant BV ........................................................................................................... All Others ............................................................................................................. Frm 00009 Fmt 4703 Sfmt 4703 28277 13.39 14.88 14.57 Dated: May 10, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX List of Issues Noviant 1. Request for Scope Modification to Exclude Certain CMC Products 2. Treatment of Noviant Pte. Ltd.’s Indirect Selling Expenses 3. Ministerial Error Allegation Relating to Noviant’s Net U.S. Price Calculations ANSC 4. ANSC’s Reporting Methodology for Certain U.S. Sales [FR Doc. E5–2466 Filed 5–16–05; 8:45 am] [Billing Code: 3510–DS–S] E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28275-28277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2466]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-421-811)


Notice of Final Determination of Sales at Less Than Fair Value: 
Purified Carboxymethylcellulose from the Netherlands

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 16, 2004, the U.S. Department of Commerce (the 
Department) made its preliminary determination in the antidumping duty 
investigation of purified carboxymethylcellulose (CMC) from the 
Netherlands, which was amended on February 3, 2005, pursuant to 
comments received by Noviant B.V. We gave interested parties an 
opportunity to comment on the preliminary and amended determinations. 
Based upon the results of verification and our analysis of the comments 
received, we have made certain changes. We continue to find that 
purified CMC from the Netherlands was sold in the United States below 
normal value during the period of investigation. The final weighted-
average dumping margins are listed below in the section entitled 
``Continuation of Suspension of Liquidation.''

EFFECTIVE DATE: May 17, 2005.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza, John Drury, David 
Kurt Kraus or Judy Lao, AD/CVD

[[Page 28276]]

Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW, Washington, DC 20230; telephone: (202) 482-3019, (202) 482-0195, 
(202) 482-7871, or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 16, 2004, the Department determined that purified 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 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) (Preliminary 
Determination). The two companies that the Department is investigating 
are Noviant B.V. (Noviant) and Akzo Nobel Surface Chemistry (ANSC). The 
Department released disclosure materials to interested parties on 
December 21, 2004.
    On December 27, 2004, respondent Noviant submitted a letter to the 
Department alleging significant ministerial errors as defined by 
section 351.224(g) of the Department's regulations. On December 30, 
2004, Aqualon Company (petitioner) also submitted a letter to the 
Department alleging an additional ministerial error. ANSC did not 
allege ministerial errors with respect to the Department's calculation 
of its preliminary dumping margin.
    On January 21, 2005, petitioner and Noviant requested that a public 
hearing be held for this case. From January 31, 2005, through February 
4, 2005, Department officials verified constructed value information 
submitted by Noviant. See Memorandum to Neal M. Halper, Director, 
Office of Accounting, through Theresa L. Caherty, Program Manager, 
``Verification Report on the Constructed Value Data Submitted by 
Noviant BV,'' dated March 17, 2005.
    On February 3, 2005, the Department published its amended 
preliminary determination of the antidumping duty investigation of 
purified CMC from the Netherlands. See Amended Preliminary 
Determination of Sales at Less Than Fair Value: Purified 
Carboxymethylcellulose from the Netherlands, 70 FR 5609 (February 3, 
2005) (Amended Preliminary Determination). See also Memorandum to 
Richard O. Weible, Director, Office 7, ``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. Since the Amended Preliminary 
Determination, the following events have occurred:
    From February 14, 2005, through February 16, 2005, the Department 
verified U.S. sales information submitted by Noviant Inc. See the 
Memorandum to the File, through Abdelali Elouaradia, Program Manager, 
Office 7, ``Verification of U.S. Sales Information Submitted by Noviant 
Inc.,'' dated March 17, 2005. From February 21, 2005, through February 
23, 2005, the Department verified U.S. sales information submitted by 
Akzo Nobel Cellulosic Specialties, Inc. (AN-US), ANSC's U.S. affiliate. 
See the Memorandum to the File, through Abdelali Elouaradia, Program 
Manager, Office 7, ``Verification of U.S. Sales Information Submitted 
by AN-US,'' dated March 24, 2005. From February 21, 2005, through 
February 25, 2005, Department officials verified third country and U.S. 
sales information submitted by Noviant. See the Memorandum to the File, 
through Abdelali Elouaradia, Program Manager, Office 7, ``Verification 
of Third Country and U.S. Sales Information Submitted by Noviant B.V. 
(Noviant BV),'' dated March 17, 2005. From February 28, 2005, to March 
4, 2005, Department officials verified home and U.S. market sales data 
submitted by ANSC. See the Memorandum to the File, through Abdelali 
Elouaradia, Program Manager, Office 7, ``Verification of Home Market 
and U.S sales in the Netherlands,'' dated March 31, 2005.
    On March 24, 2005, petitioner submitted comments for consideration 
in the Department's final margin calculation for Noviant and withdrew 
its request for a public hearing; and Noviant submitted its case brief. 
On March 25, 2005, Noviant withdrew its January 21, 2005, request for a 
public hearing. Since both parties withdrew their hearing requests, we 
did not hold a public hearing for this case. On March 29, 2005, 
petitioner filed its rebuttal brief in response to arguments made by 
Noviant in its case brief. Noviant did not file a rebuttal brief. On 
April 6, 2005, ANSC filed its case brief regarding the Department's 
March 31, 2005, verification report. Petitioner did not file any briefs 
or rebuttal briefs to coincide with ANSC's submission.

Scope of Investigation

    For purposes of this investigation, the products covered are 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 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.

Period of Investigation

    The period of investigation (POI) is April 1, 2003, through March 
31, 2004. This period corresponds to the four most recent fiscal 
quarters prior to the filing of the petition on June 9, 2004.

Fair Value Comparisons

    We calculated constructed export price, export price, and normal 
value based on the same methodologies used in the Preliminary 
Determination and Amended Preliminary Determination for Noviant. 
However, we made the following changes:
    Noviant
    We used the third country and U.S. sales databases submitted by 
Noviant after verification, which included revisions for minor 
corrections and findings from verification. We revised our treatment of 
the indirect selling expense calculation of Noviant Pte., an affiliate 
of Noviant that handles all of its sales to Asia. See the Memorandum 
from Barbara E. Tillman to Joseph A. Spetrini, ``Issues and Decision 
Memorandum for the Final Determination of the Antidumping Duty 
Investigation of Purified Carboxymethylcellulose from the 
Netherlands,'' dated May 10, 2005 (Decision Memo) at Comment 2. We 
corrected an inadvertent error in the Department's preliminary 
calculation of certain movement expenses incurred on sales by Noviant, 
which was not

[[Page 28277]]

corrected in our Amended Preliminary Determination. See Decision Memo 
at Comment 3. We applied facts available to account for certain 
unreported U.S. sales of subject merchandise. We made an adjustment to 
account for the bad debt expenses incurred by Noviant. We revised 
Noviant's reported inventory carrying costs to reflect corrections 
presented at verification and to correct for errors discovered in our 
preliminary inventory carrying cost calculations. We used the shipment 
dates as the date of sale for sales where the date of shipment occurred 
prior to the issuance of an invoice. For a detailed discussion of the 
changes made to Noviant's final margin calculation, see the Memorandum 
to File, through Abdelali Elouaradia, Program Manager, Office 7, 
``Noviant's Final Determination Calculation Memorandum,'' dated May 10, 
2005.
    ANSC
    We used the U.S. database submitted by ANSC after verification in 
our margin calculations, which includes the minor corrections presented 
at verification. We made no changes to ANSC's final margin calculation, 
see the Memorandum to File, through Abdelali Elouaradia, Program 
Manager, Office 7, ``ANSC's Final Determination Calculation 
Memorandum,'' dated May 10, 2005.

Constructed Value

    We calculated constructed value (CV) for Noviant based on the same 
methodologies used in the Preliminary Determination. However, we 
revised Noviant's general and administrative (G&A), research and 
development (R&D) and financial expense ratios consistent with the 
summary of findings section of the cost verification report. See 
Memorandum to Neal Halper, Director, Office of Accounting, through 
Theresa L. Caherty, Program Manager, ``Constructed Value Calculation 
Adjustments for the Final Determination - Noviant BV,'' dated May 10, 
2005.

Verifications

    As provided in section 782(i)(1) of the Act, we verified the 
information submitted by the respondents during January and February 
2005. We used standard verification procedures, including examination 
of relevant accounting and production records, as well as original 
source documents provided by the respondents.

Analysis of Comments Received

    All issues raised in the petitioner's and the respondents' case and 
rebuttal briefs are addressed in the May 10, 2005, Decision Memo, which 
is hereby adopted by this notice. Attached to this notice as an 
appendix is a list of the issues that the petitioner and the 
respondents have raised and to which we have responded in the Decision 
Memo. Parties can find a complete discussion of all issues raised in 
this investigation and the corresponding recommendations in this public 
memorandum, which is on file in the Department's Central Record Unit 
(CRU), room B-099 of the main Commerce building. In addition, a 
complete version of the Decision Memo can be accessed directly on the 
Web at https://ia.ita.doc.gov/frn/summary/list.htm. The paper copy and 
electronic version of the Decision Memo are identical in content.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B)(ii) of the Act, we are 
directing the U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all imports of subject merchandise from the 
Netherlands that are entered, or withdrawn from warehouse, for 
consumption on or after December 27, 2004, the date of publication of 
the Preliminary Determination in the Federal Register. The CBP shall 
continue to require a cash deposit or the posting of a bond equal to 
the weighted-average amount by which the NV exceeds the EP or CEP, as 
indicated in the chart below. These suspension-of-liquidation 
instructions will remain in effect until further notice.
    The weighted-average dumping margins are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                       Weighted-Average Margin
                Manufacturer/Exporter                              POI                        (percent)
----------------------------------------------------------------------------------------------------------------
Akzo Nobel Surface Chemistry........................           04/01/03 - 03/31/04                         13.39
Noviant BV..........................................           04/01/03 - 03/31/04                         14.88
All Others..........................................           04/01/03 - 03/31/04                         14.57
----------------------------------------------------------------------------------------------------------------

    See Memoranda to the File, Final Determination Analysis for ANSC 
and Noviant, respectively, dated May 10, 2005. Public versions of our 
analysis memoranda are on file in the CRU.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
U.S. International Trade Commission (ITC) of our determination. As our 
final determination is affirmative, the ITC will, within 45 days, 
determine whether these imports are materially injuring, or threatening 
material injury to, the U.S. industry. If the ITC determines that 
material injury, or threat of material injury, does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305 of the Department's regulations. 
Timely notification of return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: May 10, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Issues

Noviant

    1. Request for Scope Modification to Exclude Certain CMC Products
    2. Treatment of Noviant Pte. Ltd.'s Indirect Selling Expenses
    3. Ministerial Error Allegation Relating to Noviant's Net U.S. 
Price Calculations

ANSC

    4. ANSC's Reporting Methodology for Certain U.S. Sales
[FR Doc. E5-2466 Filed 5-16-05; 8:45 am]
[Billing Code: 3510-DS-S]
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