Purified Carboxymethylcellulose from Finland, Notice of Final Results of Antidumping Duty Administrative Review, 70568-70570 [E7-24072]
Download as PDF
70568
Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices
analyze supplemental questionnaires
regarding these issues. Therefore, in
accordance with section 751(a)(3)(A) of
the Act, the Department is extending the
time period for completing the
preliminary results of this
administrative review until February 29,
2008, which is 305 days from the last
day of the anniversary month of the date
of publication of the order. The deadline
for the final results of the review
continues to be 120 days after the
publication of the preliminary results.
This extension notice is issued and
published in accordance with sections
751(a)(3)(A) and 777(i) of the Act.
Dated: December 4, 2007.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E7–24071 Filed 12–11–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–405–803]
Purified Carboxymethylcellulose from
Finland, Notice of Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of
Antidumping Duty Administrative
Review.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: On August 7, 2007, the
Department of Commerce (the
Department) published the preliminary
results of administrative review of the
antidumping duty order covering
purified carboxymethylcellulose from
Finland. See Purified
Carboxymethylcellulose from Finland;
Notice of Preliminary Determination of
Antidumping Duty Administrative
Review, 72 FR 44106 (August 7, 2007)
(Preliminary Results). The merchandise
covered by this order is purified
carboxymethylcellulose as described in
the ‘‘Scope of the Order’’ section of this
notice. The period of review (POR) is
December 27, 2004, through June 30,
2006. In the Preliminary Results, we
invited parties to provide comments.
Based on our analysis of the comments
received, we have made changes to the
margin calculation. Therefore, the final
results differ from the Preliminary
Results. The final weighted–average
dumping margin for the reviewed firm
is listed below in the section entitled
‘‘Final Results of the Review.’’
EFFECTIVE DATE: December 12, 2007.
VerDate Aug<31>2005
15:54 Dec 11, 2007
Jkt 214001
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold, 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) 482–1121, and (202)
482–0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2007, the Department
published the Preliminary Results of
administrative review of the
antidumping order covering purified
carboxymethylcellulose from Finland.
See Preliminary Results. The parties
subject to this review are Noviant Oy,
CP Kelco Oy, Noviant Inc., and CP
Kelco U.S., Inc. (collectively, CP Kelco).
The petitioner in this proceeding is The
Aqualon Company, a division of
Hercules Incorporated.
On August 1, 2007, we sent a
supplemental questionnaire to CP
Kelco, requesting certain information
about factoring expenses. CP Kelco
responded to this questionnaire on
August 15, 2007. See Letter from CP
Kelco, dated August 15, 2007 (CP
Kelco’s August 15, 2007, Questionnaire
Response). On August 22, 2007, the
Department released a verification
report describing the May 14 to May 18,
2007, verification of CP Kelco Oy’s and
Noviant Oy’s Export Price (EP) and
Home Market (HM) sales of subject
merchandise. See Memorandum to the
File Regarding ‘‘Verification of Sections
A–C Questionnaire Responses
submitted by CP Kelco Oy, Noviant Oy,
CP Kelco U.S., Inc., and Noviant Inc., in
the Antidumping Review of Purified
Carboxymethylcellulose (CMC) from
Finland,’’ dated August 22, 2007.
In the Preliminary Results we invited
parties to provide comments. In
response, the Department received a
case brief on September 10, 2007, from
CP Kelco. On September 10, 2007, the
Department also received a letter from
Petitioner alleging programming errors
in the calculation of the Preliminary
Results dumping margin. Also, on
September 17, 2007, Petitioner
submitted a rebuttal brief. At CP Kelco’s
request, the Department held a public
hearing on September 26, 2007.
Scope of the Order
The merchandise covered by this
order is 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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
sodium CMC that has been refined and
purified to a minimum assay of 90
percent. CMC does not include
unpurified or crude CMC, CMC
Fluidized Polymer Suspensions, and
CMC that is cross–linked through heat
treatment. 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
order 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 the order is dispositive.
Analysis of Comments Received
All issues raised in CP Kelco’s case
brief and in Petitioner’s rebuttal brief
are addressed in the Memorandum to
David M. Spooner, Assistant Secretary
for Import Administration, dated
December 5, 2007 (Issues and Decision
Memorandum), which is hereby
adopted by this notice. A list of the
issues which parties have raised and to
which we have responded, all of which
are in the Decision Memorandum, is
attached to this notice as an appendix.
The Issues and Decision Memorandum
is on file in room B–099 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://www.ia.ita.doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
In addition, Petitioner submitted a
letter in which it alleged certain
programming errors. See Letter from
Edward M. Lebow regarding ‘‘Purified
Carboxymethylcellulose from Finland;
Demonstration of Programming Errors in
Lieu of Case Brief,’’ dated September 10,
2007 (Petitioner’s Allegation of
Programming Errors) .
Successor–In-Interest Determination
In the Preliminary Results, we
preliminarily determined that CP Kelco
Oy is the successor–in-interest to the
former Noviant Oy for purposes of this
proceeding and application of the
antidumping law. We did not receive
comments on this issue and have no
reason to change our findings from the
Preliminary Results. For a complete
discussion of our successorship
analysis, see Preliminary Results at
44107 to 44108. As a result of our
review, we determine that CP Kelco Oy
is the successor–in-interest to Noviant
Oy.
E:\FR\FM\12DEN1.SGM
12DEN1
Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices
mstockstill on PROD1PC66 with NOTICES
Changes Since the Preliminary Results
In the Preliminary Results, we made
a direct adjustment to normal value and
U.S. price for certain factoring expenses
CP Kelco incurred in both the home
market and in the United States.
However, as we had not asked CP Kelco
to report these expenses, we relied upon
a sample of these expenses gathered at
the CEP and HM/EP sales verifications
as facts otherwise available. See the
Preliminary Results. Therefore, in a
questionnaire dated August 1, 2007, we
asked CP Kelco to submit new U.S. and
HM sales databases containing this
information for all of its sales. CP Kelco
responded to this questionnaire on
August 15, 2007. See CP Kelco’s August
15, 2007, questionnaire response. As a
result we relied upon the U.S. and HM
sales databases submitted August 15,
2007, in the final results. These
databases include additional fields for
per–unit factoring expenses and
factoring rates, but are otherwise
identical to those databases relied upon
in the Preliminary Results. Accordingly,
the programming language used to
calculate factoring expenses as facts
available has been removed from the
margin calculation program for these
final results, and other programming
language has been added to deduct the
reported factoring expenses from U.S.
price and normal value. See
Memorandum to the File from Tyler
Weinhold Regarding ‘‘Analysis of Data
Submitted by Noviant Oy and CP Kelco
Oy (Collectively, CP Kelco) in the Final
Results of the 2004–2006
Administrative Review of the
Antidumping Duty Order on Purified
Carboxymethylcellulose (CMC) from
Finland,’’ dated December 5, 2007
(Final Analysis Memorandum).
CP Kelco was not able to report the
importer of record for some of its U.S.
sales during the POR. Therefore, in
order to allow for importer–specific
assessment, we set the importer field for
such sales equal to the consolidated
customer codes reported by CP Kelco.
This change is explained in detail in the
Final Analysis Memorandum.
In addition, we made certain changes
to our calculation of comparison market
net price and certain other changes
related to foreign currency conversions
as a result of our analysis of the issues
raised in Petitioner’s Allegation of
Programming Errors. The issues raised
and the changes made to the margin
calculation program since the
Preliminary Results as a result of our
analysis of these issues are explained in
the Final Analysis Memorandum.
VerDate Aug<31>2005
15:54 Dec 11, 2007
Jkt 214001
Final Results of the Review
We determine the following
percentage weighted–average margin
exists for the period December 27, 2004,
through June 30, 2006:
70569
warehouse, for consumption on or after
the date of publication, as provided by
section 751(a)(1) of the Tariff Act of
1930, as amended (the Tariff Act):
1) The cash deposit rate for CP Kelco
Oy and Noviant Oy will be the rate
Weighted Av- established in the final results of review;
Manufacturer/Exporter
erage Margin
2) if the exporter is not a firm covered
(percentage)
in this review or the less–than-fair–
CP Kelco Oy .........................
5.97 value (LTFV) investigation, but the
Noviant Oy ............................
5.97 manufacturer is, the cash deposit rate
will be the rate established for the most
Assessment
recent period for the manufacturer of
The Department shall determine, and
the merchandise; and 3) if neither the
U.S. Customs and Border Protection
exporter nor the manufacturer is a firm
(CBP) shall assess, antidumping duties
covered in this or any previous review
on all appropriate entries. In accordance conducted by the Department, the cash
with 19 CFR 351.212(b)(1), the
deposit rate will be the all–others rate
Department calculates an assessment
of 6.65 percent from the LTFV
rate for each importer of the subject
investigation. See Notice of
merchandise. CP Kelco has reported
Antidumping Duty Orders: Purified
entered values for all of its sales of
Carboxymethylcellulose from Finland,
subject merchandise to the United
Mexico, the Netherlands and Sweden,
States during the POR. Therefore, in
70 FR 39734 (July 11, 2005). These
accordance with 19 CFR 351.212(b)(1),
deposit requirements, when imposed,
we have calculated importer–specific
duty assessment rates on the basis of the shall remain in effect until further
ratio of the total amount of antidumping notice.
duties calculated for the examined sales
These deposit requirements shall
to the total entered value of the
remain in effect until publication of the
examined sales of that importer. These
final results of the next administrative
rates will be assessed uniformly on all
review.
entries the respective importers made
Notification to Interested Parties
during the POR. Where the assessment
rate is above de minimis, we will
This notice also serves as a final
instruct CBP to assess duties on all
reminder to importers of their
entries of subject merchandise by that
responsibility under 19 CFR 351.402(f)
importer. The Department will issue
to file a certificate regarding the
appropriate liquidation instructions
reimbursement of antidumping or
directly to CBP within fifteen days of
countervailing duties prior to
publication of the final results of
liquidation of the relevant entries
review.
during this review period. Failure to
The Department clarified its
‘‘automatic assessment’’ regulation on
comply with this requirement could
May 6, 2003 (68 FR 23954). This
result in the Secretary’s presumption
clarification will apply to entries of
that reimbursement of antidumping or
subject merchandise during the period
countervailing duties occurred and the
of review produced by reviewed
subsequent assessment of doubled
companies for which these companies
antidumping duties.
did not know their merchandise was
This notice also serves as a reminder
destined for the United States. In such
to parties subject to administrative
instances, we will instruct CBP to
protective orders (APO) of their
liquidate unreviewed entries at the all–
responsibility concerning the return or
others rate if there is no rate for the
destruction of proprietary information
intermediate company(ies) involved in
disclosed under APO in accordance
the transaction. For a full discussion of
with 19 CFR 351.305. Timely written
this clarification, see Antidumping and
notification of the return or destruction
Countervailing Duty Proceedings:
of APO materials or conversion to
Assessment of Antidumping Duties, 68
judicial protective order is hereby
FR 23954 (May 6, 2003).
requested. Failure to comply with the
Cash Deposit Requirements
regulations and terms of an APO is a
The following deposit requirements
violation which is subject to sanction.
will be effective upon publication of
We are issuing and publishing this
this notice of final results of
notice in accordance with sections
administrative review for all shipments
of purified carboxymethylcellulose from 751(a)(1) and 777(i) of the Tariff Act.
Finland entered, or withdrawn from
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
E:\FR\FM\12DEN1.SGM
12DEN1
70570
Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices
Dated: December 3, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
mstockstill on PROD1PC66 with NOTICES
In 1996, the Magnuson–Stevens Act
was amended (by Public Law 104–297)
to, among other things, require the
Secretary of Commerce to ‘‘collect a fee
to recover the actual costs directly
APPENDIX
related to the management and
Comments and Responses:
enforcement of any . . . individual
Issue 1:Amortization of Goodwill
quota program.’’ This requirement was
Issue 2: Zeroing of Non–Dumping
further amended in 2006 (by Public Law
Margins
109–479) to include collection of the
actual costs of data collection, and to
[FR Doc. E7–24072 Filed 12–11–07; 8:45 am]
replace the reference to individual quota
BILLING CODE 3510–DS–S
program with a more general reference
to ‘‘limited access privilege program’’
(section 304(d)(2)(A)). Section 304(d)(2)
DEPARTMENT OF COMMERCE
of the Magnuson–Stevens Act specifies
National Oceanic and Atmospheric
an upper limit on these fees, when the
Administration
fees must be collected, and where the
fees must be deposited.
RIN 0648–XE24
On March 20, 2000, NMFS published
regulations implementing the IFQ cost
Fisheries of the Exclusive Economic
recovery program (65 FR 14919), which
Zone Off Alaska; North Pacific Halibut
are set forth at § 679.45. Under the
and Sablefish Individual Fishing Quota regulations, an IFQ permit holder incurs
Cost Recovery Program
a cost recovery fee liability for every
pound of IFQ halibut and IFQ sablefish
AGENCY: National Marine Fisheries
that is landed on his or her IFQ
Service (NMFS), National Oceanic and
permit(s). The IFQ permit holder is
Atmospheric Administration (NOAA),
responsible for self–collecting the fee
Commerce.
liability for all IFQ halibut and IFQ
ACTION: Notification of standard prices
sablefish landings on his or her
and fee percentage.
permit(s). The IFQ permit holder is also
SUMMARY: NMFS publishes IFQ standard responsible for submitting a fee liability
payment to NMFS on or before the due
prices for the individual fishing quota
date of January 31 following the year in
(IFQ) cost recovery program in the
which the IFQ landings were made. The
halibut and sablefish fisheries of the
North Pacific. This action is intended to dollar amount of the fee due is
provide holders of halibut and sablefish determined by multiplying the annual
IFQ fee percentage (3 percent or less) by
IFQ permits with the 2007 standard
the ex-vessel value of each IFQ landing
prices and fee percentage to calculate
made on a permit and summing the
the required payment for IFQ cost
totals of each permit (if more than one).
recovery fees due by January 31, 2008.
DATES: Effective December 12, 2007.
Standard Prices
FOR FURTHER INFORMATION CONTACT:
The fee liability is based on the sum
Troie Zuniga, Fee Coordinator, 907–
of all payments of monetary worth made
586–7231.
to fishermen for the sale of the fish
during the year. This includes any
SUPPLEMENTARY INFORMATION:
retro–payments (e.g., bonuses, delayed
Background
partial payments, post–season
NMFS Alaska Region administers the
payments) made to the IFQ permit
halibut and sablefish IFQ programs in
holder for previously landed IFQ
the North Pacific. The IFQ programs are halibut or sablefish.
For purposes of calculating IFQ cost
limited access systems authorized by
section 303(b) of the Magnuson–Stevens recovery fees, NMFS distinguishes
between two types of ex-vessel value:
Fishery Conservation and Management
‘‘actual’’ and ‘‘standard.’’ ‘‘Actual’’ exAct (Magnuson–Stevens Act) and the
vessel value is the amount of all
Northern Pacific Halibut Act of 1982.
compensation, monetary or non–
Fishing under the IFQ programs began
monetary, that an IFQ permit holder
in March 1995. Regulations
received as payment for his or her IFQ
implementing the IFQ program are set
fish sold. ‘‘Standard’’ ex-vessel value is
forth at 50 CFR part 679.
VerDate Aug<31>2005
15:54 Dec 11, 2007
Jkt 214001
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
the default value on which to base fee
liability calculations. IFQ permit
holders have the option of using actual
ex-vessel value if they can satisfactorily
document it, otherwise the ‘‘standard’’
ex-vessel value is used.
Regulations at § 679.45(c)(2)(i) require
the Regional Administrator to publish
IFQ standard prices during the last
quarter of each calendar year. These
standard prices are used, along with
estimates of IFQ halibut and IFQ
sablefish landings, to calculate standard
values. The standard prices are
described in U.S. dollars per IFQ
equivalent pound for IFQ halibut and
IFQ sablefish landings made during the
year. IFQ equivalent pound(s) is the
weight (in pounds) for an IFQ landing,
calculated as the round weight for
sablefish and headed and gutted net
weight for halibut. NMFS calculates the
standard prices to closely reflect the
variations in the actual ex-vessel values
of IFQ halibut and IFQ sablefish
landings by month and port or port–
group. The standard prices for IFQ
halibut and IFQ sablefish are listed in
the tables that follow the next section.
Data from ports are combined as
necessary to protect confidentiality.
Fee Percentage
Section 304(d)(2)(B) of the
Magnuson–Stevens Act provides for a
maximum fee of 3 percent of the exvessel value of fish harvested under an
IFQ Program. NMFS annually sets a fee
percentage for sablefish and halibut IFQ
holders that is based on the actual
annual costs associated with certain
management and enforcement
functions, as well as the standard exvessel value of the catch subject to the
IFQ fee for the current year. The method
used by NMFS to calculate the IFQ fee
percentage is described at
§ 679.45(d)(2)(ii).
Regulations at § 679.45(d) require
NMFS to publish the IFQ fee percentage
for the halibut and sablefish IFQ
fisheries in the Federal Register during
or before the last quarter of each year.
For the 2007 sablefish and halibut IFQ
fishing season, an IFQ permit holder is
to use a fee liability percentage of 1.2
percent to calculate his or her fee for
landed IFQ in pounds. The IFQ permit
holder is responsible for submitting the
fee liability payment to NMFS on or
before January 31, 2008.
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Notices]
[Pages 70568-70570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24072]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-405-803]
Purified Carboxymethylcellulose from Finland, Notice of Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Antidumping Duty Administrative
Review.
-----------------------------------------------------------------------
SUMMARY: On August 7, 2007, the Department of Commerce (the Department)
published the preliminary results of administrative review of the
antidumping duty order covering purified carboxymethylcellulose from
Finland. See Purified Carboxymethylcellulose from Finland; Notice of
Preliminary Determination of Antidumping Duty Administrative Review, 72
FR 44106 (August 7, 2007) (Preliminary Results). The merchandise
covered by this order is purified carboxymethylcellulose as described
in the ``Scope of the Order'' section of this notice. The period of
review (POR) is December 27, 2004, through June 30, 2006. In the
Preliminary Results, we invited parties to provide comments. Based on
our analysis of the comments received, we have made changes to the
margin calculation. Therefore, the final results differ from the
Preliminary Results. The final weighted-average dumping margin for the
reviewed firm is listed below in the section entitled ``Final Results
of the Review.''
EFFECTIVE DATE: December 12, 2007.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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-
1121, and (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2007, the Department published the Preliminary Results
of administrative review of the antidumping order covering purified
carboxymethylcellulose from Finland. See Preliminary Results. The
parties subject to this review are Noviant Oy, CP Kelco Oy, Noviant
Inc., and CP Kelco U.S., Inc. (collectively, CP Kelco). The petitioner
in this proceeding is The Aqualon Company, a division of Hercules
Incorporated.
On August 1, 2007, we sent a supplemental questionnaire to CP
Kelco, requesting certain information about factoring expenses. CP
Kelco responded to this questionnaire on August 15, 2007. See Letter
from CP Kelco, dated August 15, 2007 (CP Kelco's August 15, 2007,
Questionnaire Response). On August 22, 2007, the Department released a
verification report describing the May 14 to May 18, 2007, verification
of CP Kelco Oy's and Noviant Oy's Export Price (EP) and Home Market
(HM) sales of subject merchandise. See Memorandum to the File Regarding
``Verification of Sections A-C Questionnaire Responses submitted by CP
Kelco Oy, Noviant Oy, CP Kelco U.S., Inc., and Noviant Inc., in the
Antidumping Review of Purified Carboxymethylcellulose (CMC) from
Finland,'' dated August 22, 2007.
In the Preliminary Results we invited parties to provide comments.
In response, the Department received a case brief on September 10,
2007, from CP Kelco. On September 10, 2007, the Department also
received a letter from Petitioner alleging programming errors in the
calculation of the Preliminary Results dumping margin. Also, on
September 17, 2007, Petitioner submitted a rebuttal brief. At CP
Kelco's request, the Department held a public hearing on September 26,
2007.
Scope of the Order
The merchandise covered by this order is 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. CMC does not include unpurified or crude CMC, CMC Fluidized
Polymer Suspensions, and CMC that is cross-linked through heat
treatment. 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 order 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 the order is
dispositive.
Analysis of Comments Received
All issues raised in CP Kelco's case brief and in Petitioner's
rebuttal brief are addressed in the Memorandum to David M. Spooner,
Assistant Secretary for Import Administration, dated December 5, 2007
(Issues and Decision Memorandum), which is hereby adopted by this
notice. A list of the issues which parties have raised and to which we
have responded, all of which are in the Decision Memorandum, is
attached to this notice as an appendix. The Issues and Decision
Memorandum is on file in room B-099 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at https://
www.ia.ita.doc.gov/frn/. The paper copy and electronic
version of the Decision Memorandum are identical in content.
In addition, Petitioner submitted a letter in which it alleged
certain programming errors. See Letter from Edward M. Lebow regarding
``Purified Carboxymethylcellulose from Finland; Demonstration of
Programming Errors in Lieu of Case Brief,'' dated September 10, 2007
(Petitioner's Allegation of Programming Errors) .
Successor-In-Interest Determination
In the Preliminary Results, we preliminarily determined that CP
Kelco Oy is the successor-in-interest to the former Noviant Oy for
purposes of this proceeding and application of the antidumping law. We
did not receive comments on this issue and have no reason to change our
findings from the Preliminary Results. For a complete discussion of our
successorship analysis, see Preliminary Results at 44107 to 44108. As a
result of our review, we determine that CP Kelco Oy is the successor-
in-interest to Noviant Oy.
[[Page 70569]]
Changes Since the Preliminary Results
In the Preliminary Results, we made a direct adjustment to normal
value and U.S. price for certain factoring expenses CP Kelco incurred
in both the home market and in the United States. However, as we had
not asked CP Kelco to report these expenses, we relied upon a sample of
these expenses gathered at the CEP and HM/EP sales verifications as
facts otherwise available. See the Preliminary Results. Therefore, in a
questionnaire dated August 1, 2007, we asked CP Kelco to submit new
U.S. and HM sales databases containing this information for all of its
sales. CP Kelco responded to this questionnaire on August 15, 2007. See
CP Kelco's August 15, 2007, questionnaire response. As a result we
relied upon the U.S. and HM sales databases submitted August 15, 2007,
in the final results. These databases include additional fields for
per-unit factoring expenses and factoring rates, but are otherwise
identical to those databases relied upon in the Preliminary Results.
Accordingly, the programming language used to calculate factoring
expenses as facts available has been removed from the margin
calculation program for these final results, and other programming
language has been added to deduct the reported factoring expenses from
U.S. price and normal value. See Memorandum to the File from Tyler
Weinhold Regarding ``Analysis of Data Submitted by Noviant Oy and CP
Kelco Oy (Collectively, CP Kelco) in the Final Results of the 2004-2006
Administrative Review of the Antidumping Duty Order on Purified
Carboxymethylcellulose (CMC) from Finland,'' dated December 5, 2007
(Final Analysis Memorandum).
CP Kelco was not able to report the importer of record for some of
its U.S. sales during the POR. Therefore, in order to allow for
importer-specific assessment, we set the importer field for such sales
equal to the consolidated customer codes reported by CP Kelco. This
change is explained in detail in the Final Analysis Memorandum.
In addition, we made certain changes to our calculation of
comparison market net price and certain other changes related to
foreign currency conversions as a result of our analysis of the issues
raised in Petitioner's Allegation of Programming Errors. The issues
raised and the changes made to the margin calculation program since the
Preliminary Results as a result of our analysis of these issues are
explained in the Final Analysis Memorandum.
Final Results of the Review
We determine the following percentage weighted-average margin
exists for the period December 27, 2004, through June 30, 2006:
------------------------------------------------------------------------
Weighted
Manufacturer/Exporter Average Margin
(percentage)
------------------------------------------------------------------------
CP Kelco Oy............................................. 5.97
Noviant Oy.............................................. 5.97
------------------------------------------------------------------------
Assessment
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), the Department
calculates an assessment rate for each importer of the subject
merchandise. CP Kelco has reported entered values for all of its sales
of subject merchandise to the United States during the POR. Therefore,
in accordance with 19 CFR 351.212(b)(1), we have calculated importer-
specific duty assessment rates on the basis of the ratio of the total
amount of antidumping duties calculated for the examined sales to the
total entered value of the examined sales of that importer. These rates
will be assessed uniformly on all entries the respective importers made
during the POR. Where the assessment rate is above de minimis, we will
instruct CBP to assess duties on all entries of subject merchandise by
that importer. The Department will issue appropriate liquidation
instructions directly to CBP within fifteen days of publication of the
final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the period of review produced by reviewed
companies for which these companies did not know their merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction. For
a full discussion of this clarification, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of purified carboxymethylcellulose from Finland
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(1) of the Tariff Act
of 1930, as amended (the Tariff Act):
1) The cash deposit rate for CP Kelco Oy and Noviant Oy will be the
rate established in the final results of review; 2) if the exporter is
not a firm covered in this review or the less-than-fair-value (LTFV)
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and 3) if neither the exporter nor the manufacturer is
a firm covered in this or any previous review conducted by the
Department, the cash deposit rate will be the all-others rate of 6.65
percent from the LTFV investigation. See Notice of Antidumping Duty
Orders: Purified Carboxymethylcellulose from Finland, Mexico, the
Netherlands and Sweden, 70 FR 39734 (July 11, 2005). These deposit
requirements, when imposed, shall remain in effect until further
notice.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
Notification to Interested Parties
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 or countervailing 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 or countervailing duties
occurred and the subsequent assessment of doubled antidumping duties.
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. Timely written
notification of the return or 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 this notice in accordance with
sections 751(a)(1) and 777(i) of the Tariff Act.
[[Page 70570]]
Dated: December 3, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
APPENDIX
Comments and Responses:
Issue 1:Amortization of Goodwill
Issue 2: Zeroing of Non-Dumping Margins
[FR Doc. E7-24072 Filed 12-11-07; 8:45 am]
BILLING CODE 3510-DS-S