Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose From Sweden, 28278-28279 [E5-2467]
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28278
Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
(A–401–808)
Notice of Final Determination of Sales
at Less Than Fair Value: Purified
Carboxymethylcellulose From Sweden
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 27, 2004, the
Department of Commerce published the
preliminary determination in the
antidumping duty investigation of
purified carboxymethylcellulose (CMC)
from Sweden. See Notice of Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination: Purified
Carboxymethylcellulose From Sweden,
69 FR 77213 (‘‘Preliminary
Determination’’). The period of
investigation (POI) is April 1, 2003,
through March 31, 2004. The mandatory
respondent, Noviant AB, did not
respond to Sections B and C of the
Department’s questionnaire.
Accordingly, we based the preliminary
determination on adverse facts
available, and applied the highest
estimated dumping margin set forth in
the notice of initiation. We gave
interested parties an opportunity to
comment on the preliminary
determination, but no comments were
received and no hearing was requested.
Therefore, we have made no changes
from the preliminary determination that
CMC was sold in the United States at
less than fair value (LTFV) during the
period of investigation. The final
weighted–average dumping margins are
listed below in the section entitled
‘‘Continuation of Suspension of
Liquidation.’’
AGENCY:
EFFECTIVE DATE:
May 17, 2005.
FOR FURTHER INFORMATION CONTACT:
Helen M. Kramer at 202–482–0405 or
Abdelali Elouaradia at 202–482–1374,
AD/CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Period of Investigation
The POI corresponds to the four most
recent fiscal quarters prior to the filing
of the petition, April 1, 2003, through
March 31, 2004. See 19 CFR
351.204(b)(1).
Scope of Investigation
For purposes of this investigation, the
products covered are all purified
VerDate jul<14>2003
15:22 May 16, 2005
Jkt 205001
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 carboxymethylcellulose 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.
Final Determination
The Department of Commerce (the
Department) has determined that
purified carboxymethylcellulose (CMC)
from Sweden is being sold, or is likely
to be sold, in the United States at less
than fair value (LTFV), as provided in
section 735 of the Tariff Act of 1930, as
amended (‘‘the Act’’). The final
weighted–average dumping margins are
listed below in the section entitled
‘‘Continuation of Suspension of
Liquidation.’’
Use of Facts Otherwise Available
As explained in the Preliminary
Determination, because Noviant AB
failed to respond to our request for
information that is necessary to
calculate the dumping margin, we have
found that the company failed to
cooperate to the best of its ability.
Therefore, pursuant to section 776(b) of
the Act, we have used an adverse
inference in selecting from the facts
available for the margin for this
company.
As adverse facts available, we have
applied the highest estimated dumping
margin set forth in the notice of
initiation, which is the margin alleged
in the petition, adjusted by the
Department for currency conversion.
Section 776(c) of the Act provides that
the Department shall, to the extent
practicable, corroborate secondary
information used for facts available by
reviewing independent sources
reasonably at its disposal. Information
from the petitioner constitutes
secondary information. The Statement
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
of Administrative Action accompanying
the Uruguay Round Agreements Act,
H.R. Doc. 103–316, Vol. 1, at 870 (1994),
provides that the word ‘‘corroborate’’
means that the Department will satisfy
itself that the secondary information to
be used has probative value. We
examined the key elements of the export
price and normal value calculations on
which the margin in the petition was
based. We found that the estimated
margin has probative value, adjusted by
the Department for currency conversion.
See Memorandum to the File from
Helen M. Kramer, International Trade
Compliance Analyst, Re: Preliminary
Determination in the Antidumping
Investigation of Purified
Carboxymethylcellulose (CMC) from
Sweden: Total Facts Available
Corroboration Memorandum, dated
December 16, 2004. Furthermore, there
is no information on the record that
demonstrates that the rate we have
selected is an inappropriate total
adverse facts available rate for the
company in question. Accordingly, we
find that the highest margin based on
that information, 25.29 percent, is
corroborated within the meaning of
section 776(c) of the Act. Therefore, we
consider the selected rate to have
probative value with respect to Noviant
AB and to reflect the appropriate
adverse inference.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B)(ii) of the Act, we are
directing U.S. Customs and Border
Protection (‘‘CBP’’) to continue to
suspend liquidation of all entries of
purified CMC from Sweden 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. CBP shall continue to
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, as indicated in
the chart below. These suspension–ofliquidation instructions will remain in
effect until further notice.
The weighted–average dumping
margins are as follows:
Manufacturer/exporter
Noviant AB ....................
All Others ......................
Weighted–Average
Margin (percent)
25.29
25.29
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we have notified the
E:\FR\FM\17MYN1.SGM
17MYN1
28279
Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices
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.
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 19 CFR 351.305. 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 pursuant to sections)735(d)
and 777(i)(1) of the Act.
Dated: May 10, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–2467 Filed 5–16–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–405–803)
Notice of Final Determination of Sales
at Less Than Fair Value: Purified
Carboxymethylcellulose From Finland
AGENCY: Import
Administration, International Trade
Administration, Department of
Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
purified carboxymethylcellulose (CMC)
from Finland is being, or is likely to be,
sold in the United States at less than fair
value, as provided in section 735 of the
Tariff Act of 1930, as amended (the
Tariff Act). 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:
Brian J. Sheba, or Robert M. James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
AGENCY:
VerDate jul<14>2003
15:22 May 16, 2005
Jkt 205001
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230,
telephone (202) 482–0145 or (202) 482–
0469 respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the
preliminary determination of this
investigation (see Notice of Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination: Purified
Carboxymethylcellulose From Finland,
69 FR 77216 (December 27, 2004)
(Preliminary Determination), the
following events have occurred.
On January 28, 2005, we received a
case brief from Aqualon Company (the
petitioner) and on February 2, 2005, we
received a rebuttal brief from Noviant
OY (Noviant). Noviant did not file a
case brief. Petitioner withdrew its
request for a public hearing on March 4,
2005.
Scope of the 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 carboxymethylcellulose 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.
See 19 CFR 351.204(b)(1).
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the
‘‘Issues and Decision Memorandum for
the Final Determination in the
Antidumping Duty Investigation of
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Purified Carboxymethylcellulose from
Finland’’ from Barbara E. Tillman,
Acting Deputy Assistant Secretary for
Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for
Import Administration, dated May 10,
2005 (Decision Memorandum), which is
hereby adopted by this notice. Attached
to this notice as an appendix is a list of
the issues which parties have raised and
to which we have responded in the
Decision Memorandum. 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 Records Unit
(CRU). In addition, a complete version
of the Decision Memorandum can be
accessed directly on the Web at https://
ia.ita.doc.gov/frn/. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Adverse Facts Available
For the final determination, the
Department continues to find that
Noviant, a producer and exporter of
purified CMC from Finland, and
mandatory respondent in these
proceedings, did not act to the best of
its ability by failing to provide
information requested by the
Department. Thus, the Department
continues to find the use of adverse
facts available (AFA) is warranted under
section 776(a)(2) of the Tariff Act. See
Preliminary Determination at 77217 77219.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Tariff Act, we are
directing U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all imports of subject
merchandise from Finland 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. CBP shall continue to
require a cash deposit or the posting of
a bond equal to the weighted–average
amount by which the normal value (NV)
exceeds the export price (EP) or
constructed export price (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:
Manufacturer/exporter
Noviant OY ...................
E:\FR\FM\17MYN1.SGM
17MYN1
Weighted–Average
Margin (percent)
6.65
]]>Agencies
[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28278-28279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2467]
[[Page 28278]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-401-808)
Notice of Final Determination of Sales at Less Than Fair Value:
Purified Carboxymethylcellulose From Sweden
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 27, 2004, the Department of Commerce published the
preliminary determination in the antidumping duty investigation of
purified carboxymethylcellulose (CMC) from Sweden. See Notice of
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination: Purified Carboxymethylcellulose
From Sweden, 69 FR 77213 (``Preliminary Determination''). The period of
investigation (POI) is April 1, 2003, through March 31, 2004. The
mandatory respondent, Noviant AB, did not respond to Sections B and C
of the Department's questionnaire. Accordingly, we based the
preliminary determination on adverse facts available, and applied the
highest estimated dumping margin set forth in the notice of initiation.
We gave interested parties an opportunity to comment on the preliminary
determination, but no comments were received and no hearing was
requested. Therefore, we have made no changes from the preliminary
determination that CMC was sold in the United States at less than fair
value (LTFV) 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: Helen M. Kramer at 202-482-0405 or
Abdelali Elouaradia at 202-482-1374, AD/CVD Operations, Office 7,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Period of Investigation
The POI corresponds to the four most recent fiscal quarters prior
to the filing of the petition, April 1, 2003, through March 31, 2004.
See 19 CFR 351.204(b)(1).
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 carboxymethylcellulose 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.
Final Determination
The Department of Commerce (the Department) has determined that
purified carboxymethylcellulose (CMC) from Sweden is being sold, or is
likely to be sold, in the United States at less than fair value (LTFV),
as provided in section 735 of the Tariff Act of 1930, as amended (``the
Act''). The final weighted-average dumping margins are listed below in
the section entitled ``Continuation of Suspension of Liquidation.''
Use of Facts Otherwise Available
As explained in the Preliminary Determination, because Noviant AB
failed to respond to our request for information that is necessary to
calculate the dumping margin, we have found that the company failed to
cooperate to the best of its ability. Therefore, pursuant to section
776(b) of the Act, we have used an adverse inference in selecting from
the facts available for the margin for this company.
As adverse facts available, we have applied the highest estimated
dumping margin set forth in the notice of initiation, which is the
margin alleged in the petition, adjusted by the Department for currency
conversion. Section 776(c) of the Act provides that the Department
shall, to the extent practicable, corroborate secondary information
used for facts available by reviewing independent sources reasonably at
its disposal. Information from the petitioner constitutes secondary
information. The Statement of Administrative Action accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1, at 870 (1994),
provides that the word ``corroborate'' means that the Department will
satisfy itself that the secondary information to be used has probative
value. We examined the key elements of the export price and normal
value calculations on which the margin in the petition was based. We
found that the estimated margin has probative value, adjusted by the
Department for currency conversion. See Memorandum to the File from
Helen M. Kramer, International Trade Compliance Analyst, Re:
Preliminary Determination in the Antidumping Investigation of Purified
Carboxymethylcellulose (CMC) from Sweden: Total Facts Available
Corroboration Memorandum, dated December 16, 2004. Furthermore, there
is no information on the record that demonstrates that the rate we have
selected is an inappropriate total adverse facts available rate for the
company in question. Accordingly, we find that the highest margin based
on that information, 25.29 percent, is corroborated within the meaning
of section 776(c) of the Act. Therefore, we consider the selected rate
to have probative value with respect to Noviant AB and to reflect the
appropriate adverse inference.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B)(ii) of the Act, we are
directing U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all entries of purified CMC from Sweden 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. CBP shall continue to 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, 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
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Noviant AB.......................................... 25.29
All Others.......................................... 25.29
------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
[[Page 28279]]
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.
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 19 CFR 351.305. 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 pursuant to
sections)735(d) and 777(i)(1) of the Act.
Dated: May 10, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2467 Filed 5-16-05; 8:45 am]
BILLING CODE 3510-DS-S
