Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose From Finland, 28279-28280 [E5-2469]

Download as PDF 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 28280 Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices SUMMARY: On December 27, 2004, the U.S. Department of Commerce (the Department) published a preliminary All Others ...................... 6.65 determination in the antidumping duty investigation of purified ITC Notification carboxymethylcellulose (CMC) from Mexico (69 FR 77201). The petitioner is In accordance with section 735(d) of Aqualon Company (Aqualon or the Tariff Act, we have notified the International Trade Commission (ITC) of petitioner), a division of Hercules Incorporated. The respondent is our determination. As our final Quimica Amtex S.A. de C.V. of Mexico determination is affirmative, the ITC will, within 45 days, determine whether (Amtex). We gave interested parties an these imports are materially injuring, or opportunity to comment on the preliminary determination. No threatening material injury to, the U.S. interested party submitted case briefs, industry. If the ITC determines that material injury, or threat of material and no hearing was held. Based upon injury, does not exist, the proceeding the results of verification, we have made will be terminated and all securities certain minor changes to the dumping posted will be refunded or canceled. If calculations. We continue to find that the ITC determines that such injury purified CMC from Mexico is being, or does exist, the Department will issue an is likely to be, sold in the United States antidumping duty order pursuant to at less than fair value (LTFV) as section 736(a) of the Act. provided in section 735 of the Tariff Act. The final weighted–average Notification Regarding APOs dumping margins are listed below in the This notice also serves as the only section entitled ‘‘Continuation of reminder to parties subject to the Suspension of Liquidation.’’ administrative protective order (APO) of EFFECTIVE DATE: May 17, 2005. their responsibility concerning the FOR FURTHER INFORMATION CONTACT: disposition of proprietary information Mark Flessner or Robert James, AD/CVD disclosed under APO in accordance Operations, Office 7, Import with 19 CFR 351.305(a)(3), which Administration, International Trade continues to govern business Administration, U.S. Department of proprietary information in this segment Commerce, 14th Street and Constitution of the proceeding. Timely written Avenue, NW, Washington, DC 20230; notification of return/destruction of telephone: (202) 482–6312 or (202) 482– APO material or conversion to judicial 0649, respectively. protective order is hereby requested. SUPPLEMENTARY INFORMATION: Failure to comply with the regulation and the terms of an APO is a Background sanctionable violation. On December 16, 2004, the This determination is issued and Department determined that purified published in accordance with sections CMC from Mexico is being, or is likely 735(d) and 777(i)(1) of the Act. to be, sold in the United States at less Dated: May 10, 2005. than fair value, as provided in section Joseph A. Spetrini, 733(b) of the Tariff Act of 1930, as Acting Assistant Secretary for Import amended (the Act). See Preliminary Administration. Determination of Sales at Less Than Fair Value and Postponement of Final Appendix I: List of Comments in the Determination: Purified Issues and Decision Memorandum Carboxymethylcellulose from Mexico, 1. Selection of Adverse Facts Available 69 FR 77201 (December 27, 2004) Margin (Preliminary Determination). The [FR Doc. E5–2469 Filed 5–16–05; 8:45 am] Department released disclosure BILLING CODE 3510–DS–S materials to interested parties on December 22, 2004. From February 21, 2005, through DEPARTMENT OF COMMERCE February 25, 2005, the Department verified the questionnaire responses of International Trade Administration Amtex. See Memorandum to the File, (A–201–834) from Robert James and Mark Flessner, Office VII, ‘‘Purified Notice of Final Determination of Sales Carboxymethylcellulose from Mexico: at Less Than Fair Value: Purified Verification of Quimica Amtex, S.A. de Carboxymethylcellulose from Mexico C.V.,’’ dated April 8, 2005 (Verification AGENCY: Import Administration, Report). International Trade Administration, On December 21, 2004, Amtex Department of Commerce. submitted a proposal for a suspension Manufacturer/exporter VerDate jul<14>2003 Weighted–Average Margin (percent) 15:22 May 16, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 agreement in this investigation. On January 18, 2005, petitioner filed a letter expressing support for the Amtex proposal. The Department did not find that the circumstances surrounding this investigation warranted departing from the Department’s normal course in concluding an investigation. (See Letter from Grant D. Aldonas, Under Secretary for International Trade, to Lic. Juan Antonio Garcia Villa, Subsecretario de Normatividad, dated March 4, 2005, and Letter from Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, to the Honorable Ken Smith Ramos, Director General for International Trade Negotiations, dated May 6, 2005, which is on the public file in the Department’s Central Record Unit (CRU), room B–099 of the main Commerce building.) Neither party submitted case briefs, and no hearing was held. 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 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 export price and normal value based on the same methodologies used in the Preliminary Determination. We used the home market and U.S. sales databases submitted by Amtex after verification, which included minor corrections E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28279-28280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2469]


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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: 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 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 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:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Noviant OY..........................................                6.65

[[Page 28280]]

 
All Others..........................................                6.65
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Tariff Act, we have 
notified the 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 pursuant to 
section 736(a) of the Act.

Notification Regarding APOs

    This notice also serves as the only reminder to parties subject to 
the administrative protective order (APO) of their responsibility 
concerning the disposition 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 return/destruction of APO material or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulation 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 I: List of Comments in the Issues and Decision Memorandum

1. Selection of Adverse Facts Available Margin
[FR Doc. E5-2469 Filed 5-16-05; 8:45 am]
BILLING CODE 3510-DS-S
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