Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from Mexico, 28280-28281 [E5-2470]

Download as PDF 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 Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices presented at the beginning of verification and findings from verification. (See Memorandum to the File from Mark Flessner, Case Analyst, through Robert James, Program Manager, dated May 10, 2005 (Analysis Memo), at section II; see also Verification Report.) period February 21 through 25, 2005. See Verification Report. We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the respondents. Cost of Production and Constructed Value We calculated the cost of production and constructed value for Amtex based on the same methodologies used in the Preliminary Determination. Analysis of Comments Received We did not receive any interested party comments on our preliminary decision or on our Verification Report. Therefore, there is no Issues and Decisions Memorandum for this final determination. Verifications As provided in section 782(i)(1) of the Act, we verified the information submitted by respondents during the Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B)(ii) of the Act, we are Producer Dated: May 10, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–2470 Filed 5–16–05; 8:45 am] ITC Notification BILLING CODE 3510–DS–S In accordance with section 735(d) of the 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 United States 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 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 in accordance with sections 735(d) and 777(i)(1) of the Act. 15:22 May 16, 2005 Jkt 205001 DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade Advisory Committee (ETTAC) International Trade Administration, U.S. Department of Commerce. ACTION: Notice of open meeting. AGENCY: Date: May 20, 2005. Time: 9 a.m. to 3 p.m. Place: MWH Global, 175 W. Jackson Blvd., Suite 1900, Chicago, IL. SUMMARY: The Environmental Technologies Trade Advisory Committee (ETTAC) will hold a plenary meeting on May 20, 2005, at the MWH Global. The ETTAC will discuss Trade Liberalization of Environmental Goods and Services in the World Trade Organization and the results of the ETTAC Survey on Priority Markets. The afternoon session will include a discussion of the Environmental Law and Policy Center’s work with Renewable Energy Sources. The meeting is open to the public and time will be permitted for public comment. Written comments concerning ETTAC affairs are welcome anytime before or after the meeting. PO 00000 Frm 00013 Fmt 4703 Weighted–Average Margin (percent) 04/01/03 - 03/31/04 04/01/03 - 03/31/04 See Memorandum to the File, Final Determination Analysis for Quimica Amtex, S.A. de C.V., dated May 10, 2005. Public versions of the analysis memorandum are on file in the CRU. VerDate jul<14>2003 directing the U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all imports of subject merchandise from Mexico 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, 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: POI Quimica Amtex, S.A. de C.V. ...................................................... All Others ..................................................................................... Sfmt 4703 28281 12.61 12.61 Minutes will be available within 30 days of this meeting. The ETTAC is mandated by Public Law 103–392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently rechartered until May 30, 2006. For further information phone Joseph Ayoub, Office of Environmental Technologies Industries (ETI), International Trade Administration, U.S. Department of Commerce at (202) 482–0313 or 5225. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at (202) 482– 5225. Carlos F. Montoulieu, Office of Energy and Environmental Industries. [FR Doc. E5–2464 Filed 5–16–05; 8:45 am] BILLING CODE 3510–DR–P E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28280-28281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2470]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(A-201-834)


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 27, 2004, the U.S. Department of Commerce (the 
Department) published a preliminary determination in the antidumping 
duty investigation of purified carboxymethylcellulose (CMC) from Mexico 
(69 FR 77201). The petitioner is Aqualon Company (Aqualon or 
petitioner), a division of Hercules Incorporated. The respondent is 
Quimica Amtex S.A. de C.V. of Mexico (Amtex). We gave interested 
parties an opportunity to comment on the preliminary determination. No 
interested party submitted case briefs, and no hearing was held. Based 
upon the results of verification, we have made certain minor changes to 
the dumping calculations. We continue to find that purified CMC from 
Mexico is being, 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. 
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: Mark Flessner or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
6312 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 16, 2004, the Department determined that purified CMC 
from Mexico is being, or is likely to be, sold in the United States at 
less than fair value, as provided in section 733(b) 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 Mexico, 69 FR 77201 (December 27, 
2004) (Preliminary Determination). The Department released disclosure 
materials to interested parties on December 22, 2004.
    From February 21, 2005, through February 25, 2005, the Department 
verified the questionnaire responses of Amtex. See Memorandum to the 
File, from Robert James and Mark Flessner, Office VII, ``Purified 
Carboxymethylcellulose from Mexico: Verification of Quimica Amtex, S.A. 
de C.V.,'' dated April 8, 2005 (Verification Report).
    On December 21, 2004, Amtex submitted a proposal for a suspension 
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

[[Page 28281]]

presented at the beginning of verification and findings from 
verification. (See Memorandum to the File from Mark Flessner, Case 
Analyst, through Robert James, Program Manager, dated May 10, 2005 
(Analysis Memo), at section II; see also Verification Report.)

Cost of Production and Constructed Value

    We calculated the cost of production and constructed value for 
Amtex based on the same methodologies used in the Preliminary 
Determination.

Verifications

    As provided in section 782(i)(1) of the Act, we verified the 
information submitted by respondents during the period February 21 
through 25, 2005. See Verification Report. 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

    We did not receive any interested party comments on our preliminary 
decision or on our Verification Report. Therefore, there is no Issues 
and Decisions Memorandum for this final determination.

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 Mexico 
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, 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:

----------------------------------------------------------------------------------------------------------------
               Producer                                 POI                   Weighted-Average Margin (percent)
----------------------------------------------------------------------------------------------------------------
Quimica Amtex, S.A. de C.V............                  04/01/03 - 03/31/04                                12.61
All Others............................                  04/01/03 - 03/31/04                                12.61
----------------------------------------------------------------------------------------------------------------

See Memorandum to the File, Final Determination Analysis for Quimica 
Amtex, S.A. de C.V., dated May 10, 2005. Public versions of the 
analysis memorandum are on file in the CRU.

ITC Notification

    In accordance with section 735(d) of the 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 United States 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 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 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.
[FR Doc. E5-2470 Filed 5-16-05; 8:45 am]
BILLING CODE 3510-DS-S
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