Purified Carboxymethylcellulose from the Netherlands: Final Results of Antidumping Duty Administrative Review, 70821-70823 [E7-24186]
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Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices
in the preparation of fresh salsa or salad
bars), are covered by this Agreement.
Commercially grown tomatoes, both
for the fresh market and for processing,
are classified as Lycopersicon
esculentum. Important commercial
varieties of fresh tomatoes include
common round, cherry, grape, plum,
greenhouse, and pear tomatoes, all of
which are covered by this investigation.
Tomatoes imported from Mexico
covered by this investigation are
classified under the following
subheadings of the Harmonized Tariff
Schedules of the United States
(HTSUS), according to the season of
importation: 0702 and 9906.07.01
through 9906.07.09. Although the
HTSUS numbers are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
mstockstill on PROD1PC66 with NOTICES
Intent To Terminate Suspension
Agreement and Resume the
Antidumping Investigation
On November 26, 2007, Mexican
tomato growers/exporters accounting for
a significant percentage of all fresh
tomatoes imported into the United
States from Mexico provided written
notice to the Department of their
withdrawal from the 2002 Suspension
Agreement, effective 90 days from the
date of their withdrawal letter, or
earlier, at the Department’s discretion.
Based on the withdrawal of the growers/
exporters accounting for a significant
percentage of exports of tomatoes to the
United States from the 2002 Suspension
Agreement, the 2002 Suspension
Agreement will no longer cover
substantially all imports of fresh
tomatoes from Mexico. Accordingly, the
Department intends to terminate the
2002 Suspension Agreement, effective
no later than February 24, 2008.
Intent To Resume Antidumping
Investigation
With the termination of the
suspension agreement, in accordance
with section 734(i)(1)(B) of the Act, the
Department intends to resume the
underlying antidumping investigation.
Pursuant to section 734(i)(1)(B) of the
Act, the Department intends to resume
the investigation as if it had published
the affirmative preliminary
determination under section 733(b) of
the Act on the effective date of the
termination. As explained in the
Preliminary Determination at 61 FR
56609, the Department postponed the
final determination until the 135th day
after the date of the preliminary
determination. The Department
therefore intends to make its final
determination in the resumed
VerDate Aug<31>2005
17:10 Dec 12, 2007
Jkt 214001
investigation within 135 days of
termination of the 2002 Suspension
Agreement.
Intent To Terminate the Five-Year
Sunset Review
On November 1, 2007, the Department
initiated a five-year sunset review of the
suspended antidumping investigation
on fresh tomatoes from Mexico pursuant
to section 751(c) of the Act (See
Initiation of Five-Year (‘‘Sunset’’)
Reviews, 72 FR 61861 (November 1,
2007).
If the Department terminates the 2002
Suspension Agreement, there will no
longer be a suspended investigation of
which to perform a sunset review.
Therefore, the Department announces
its intent to terminate the sunset review
of the suspended LTFV investigation on
fresh tomatoes from Mexico, effective on
the date of termination of the 2002
Suspension Agreement.
70821
Dated: December 7, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–24187 Filed 12–12–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–811]
Purified Carboxymethylcellulose from
the Netherlands: Final Results of
Antidumping Duty Administrative
Review
International Trade Commission
The Department has notified the
International Trade Commission (ITC) of
its intent to terminate the 2002
Suspension Agreement and resume the
LTFV investigation. If the Department
makes a final affirmative determination,
the ITC is scheduled to make its final
determination concerning injury within
45 days after publication of the
Department’s final determination. If
both the Department’s and the ITC’s
final determinations are affirmative, the
Department will issue an antidumping
duty order.
Suspension of Liquidation
The Department will instruct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of fresh
tomatoes from Mexico that are entered,
or withdrawn from warehouse, for
consumption on or after the effective
date of the termination of the 2002
Suspension Agreement. CBP shall
require antidumping duty cash deposits
or bonds for entries of the subject
merchandise based on the preliminary
dumping margins, which range from
4.16 to 188.45 percent.
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2007, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on purified
carboxymethylcellulose (CMC) from the
Netherlands. The period of review
(POR) is December 27, 2004, through
June 30, 2006. We received comments
from interested parties and have made
changes to the margin for the final
results. The final margin for the
respondent is listed below in the section
entitled ‘‘Final Results of Review.’’
EFFECTIVE DATE: December 13, 2007.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Angelica Mendoza,
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) 482–0193 or (202) 482–
3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
Administrative Protective Order Access
Administrative protective orders
previously granted in the original
investigation will remain in effect. Any
necessary amendments for changes in
staff must be submitted promptly.
Parties must use the APO application
form in effect at the time of the original
investigation, Form ITA–367 (3.89).
This determination is issued and
published in accordance with section
733(f) of the Act (19 U.S.C. 1673b(f))
and 19 CFR 353.15(1996).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
AGENCY:
On August 7, 2007, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on CMC from
the Netherlands. See Purified
Carboxymethylcellulose from the
Netherlands; Preliminary Results of
Antidumping Duty Administrative
Review, 72 FR 44099 (August 7, 2007)
(Preliminary Results). On August 7,
2007, the Department issued an
additional supplemental questionnaire
to CP Kelco B.V. and Noviant B.V.
(collectively, CP Kelco), respondent in
this administrative review, requesting
that it report third country and U.S.
sales factoring expenses on a
transaction–specific basis to the
Department. CP Kelco submitted its
response on August 15, 2007. See Letter
E:\FR\FM\13DEN1.SGM
13DEN1
70822
Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices
from Arent Fox, LLP to the Secretary of
Commerce dated August 15, 2007
(Factoring Expenses Supplemental
Response). For a further discussion of
CP Kelco’s factoring expenses, see
‘‘Changes Since the Preliminary
Results’’ section below. We invited
interested parties to comment on the
Preliminary Results. On September 6,
2007, CP Kelco filed with the
Department its case brief on the
Preliminary Results. On September 11,
2007, The Aqualon Company, a division
of Hercules Incorporated (petitioner)
filed its rebuttal brief to CP Kelco’s
September 6, 2007, case brief. We
received no requests for a public hearing
from the parties.
mstockstill on PROD1PC66 with NOTICES
Scope of the Antidumping Duty Order
The merchandise covered by the order
is all purified 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 order is
currently 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 order is dispositive.
Analysis of Comments Received
All issues raised in the briefs are
addressed in the ‘‘Issues and Decision
Memorandum for the Final Results of
the First Antidumping Duty
Administrative Review of Purified
Carboxymethylcellulose from the
Netherlands,’’ dated December 3, 2007
(Issues and Decision Memorandum),
which is hereby adopted by this notice.
A list of the issues raised, all of which
are in the Issues and Decision
Memorandum, is attached to this notice
as Appendix I. Parties can find a
complete discussion of all issues raised
in the briefs and the corresponding
recommendations in this public
memorandum which is on file in the
Central Records Unit (CRU), room B–
099 of the Department of Commerce
building. In addition, a complete
version of the Issues and Decision
VerDate Aug<31>2005
17:10 Dec 12, 2007
Jkt 214001
Memorandum can be accessed directly
on the Web at https://www.trade.gov/ia/
. The paper copy and electronic version
of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we have made
changes to the margin calculation for CP
Kelco, which include corrections to
clerical errors made at the Preliminary
Results with regard to foreign currency
conversions. Additionally, as stated
above, CP Kelco submitted its Factoring
Expenses Supplemental Response on
August 15, 2007. Petitioner did not
comment on these data in its case and
rebuttal briefs. Following our review of
these data, we have determined that it
is appropriate to revise our calculation
of both comparison market and U.S.
market net price using the transaction–
specific factoring expenses (i.e.,
transaction fees charged to CP Kelco by
its affiliated financial institution for
purchasing CP Kelco’s account
receivables and remitting payment to CP
Kelco at an earlier date than payment
would have been otherwise received
from the invoiced customer) reported by
CP Kelco in the Factoring Expenses
Supplemental Response. For a
discussion of the changes to the margin
calculations for CP Kelco, see
Memorandum to the File entitled, ‘‘First
Antidumping Duty Administrative
Review of Purified
Carboxymethylcellulose from the
Netherlands: Analysis Memorandum for
the Final Results of Review for CP Kelco
B.V.,’’ from Stephen Bailey, Case
Analyst, dated December 3, 2007 (Final
Analysis Memo). A public version of
this memorandum is on file in the CRU.
Final Results of Review
In the Preliminary Results, we
preliminarily determined that CP Kelco
B.V., as it alleged, is the successor–ininterest to the former Noviant B.V. 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 44101.
Accordingly, we determine that CP
Kelco B.V. is the successor–in-interest
to Noviant B.V., and that the following
antidumping duty margin exists for the
period December 27, 2004, through June
30, 2006:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Manufacturer/Exporter
CP Kelco B.V. ...............
Weighted–Average
Margin (Percent)
4.59
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries. Pursuant to
section 751(a)(1) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.212(b), the Department calculates
an assessment rate for each importer of
the subject merchandise covered by the
review. Upon issuance of the final
results of this review, if any importer–
specific assessment rates calculated in
the final results are above de minimis
(i.e., at or above 0.50 percent), we will
issue appraisement instructions directly
to CBP to assess antidumping duties on
appropriate entries by applying the
assessment rate to the entered value of
the merchandise. To determine whether
the duty–assessment rate covering the
period is de minimis, in accordance
with the requirement set forth in 19 CFR
351.106(c)(2), we have calculated an
importer–specific assessment ad
valorem rate by aggregating the
dumping margins calculated for all U.S.
sales to the importers of CP Kelco’s
subject merchandise and dividing this
amount by the total entered value of the
sales to that importer. Where the
importer–specific ad valorem rate is
greater than de minimis, we will
instruct CBP to apply the assessment
rate to the entered value of the
importer’s entries during the POR. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will
apply to entries of subject merchandise
during the POR produced by CP Kelco,
for which CP Kelco did not know that
the merchandise it sold to an
intermediary (e.g., a reseller, trading
company, or exporter) 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 company–specific rate for
an intermediary involved in the
transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
E:\FR\FM\13DEN1.SGM
13DEN1
Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices
Cash–Deposit Requirements
The following deposit requirements
will be effective upon publication of
these final results of this administrative
review for all shipments of CMC from
the Netherlands that are entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash–deposit rate for CP Kelco will be
4.59 percent; (2) for merchandise
exported by producers or exporters that
were previously investigated, the cash
deposit will continue to be the most
recent rate published in the final
determination for which the producer or
exporter received an individual rate; (3)
if the exporter is not a firm covered in
this review or the original less–thanfair–value investigation (LTFV) but the
manufacturer is, the cash–deposit rate
will be the rate established for the most
recent period for the manufacturer of
the subject merchandise; and (4) if
neither the exporter nor the
manufacturer is a firm covered in this
review or the LTFV investigation, the
cash–deposit rate shall be 14.57 percent,
the all–others rate established in the
less–than-fair–value investigation. See
Notice of Final Determination of Sales
at Less Than Fair Value: Purified
Carboxymethylcellulose from the
Netherlands, 70 FR 28275 (May 17,
2005). These cash–deposit requirements
shall remain in effect until further
notice.
mstockstill on PROD1PC66 with NOTICES
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as the only
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(a)(3).
Timely written notification of the
return/destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation that is subject to
sanction.
VerDate Aug<31>2005
17:10 Dec 12, 2007
Jkt 214001
These final results of administrative
review and notice are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 3, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
Appendix I
Comment 1: Alleged Errors Regarding
Foreign Currency Conversions
Comment 2: Excluded Constructed
Export Price Sales
Comment 3: Zeroing of Non–Dumping
Margins
70823
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686). The panel review in this
matter was requested and terminated
pursuant to these Rules.
BILLING CODE 3510–DS–S
Dated: December 10, 2007.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E7–24162 Filed 12–12–07; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–GT–P
[FR Doc. E7–24186 Filed 12–12–07; 8:45 am]
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Reviews: Notice of Consent Motion To
Terminate Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of Consent Motion to
Terminate Panel Review of the Final
Injury Determination Under Section 129
of the Uruguay Round Agreements Act
made by the International Trade
Commission, respecting Certain
Softwood Lumber from Canada
(Secretariat File No. USA–CDA–2005–
1904–03).
AGENCY:
Pursuant to the Notice of
Consent Motion to Terminate the Panel
Review by the case participants, the
panel review is terminated as of
December 7, 2007. Pursuant to Rule
71(2) of the Rules of Procedure for
Article 1904 Binational Panel Review,
this panel review is terminated.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) establishes a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
SUMMARY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE31
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit (EFP)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notification of a proposal for an
EFP to conduct experimental fishing;
request for comments.
AGENCY:
SUMMARY: The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator) has made a
preliminary determination that the
subject EFP application submitted by
Truex Enterprises contains all the
required information and warrants
further consideration. The proposed
EFP would test the safety and efficacy
of harvesting surfclams and ocean
quahogs from the Atlantic surfclam and
ocean quahog Georges Bank (GB)
Closure Area using a harvesting protocol
developed by state and Federal
regulatory agencies and endorsed by the
U.S. Food and Drug Administration
(FDA). The Assistant Regional
Administrator has also made a
preliminary determination that the
activities authorized under the EFP
would be consistent with the goals and
objectives of the Atlantic Surfclam and
Ocean Quahog regulations and Fishery
Management Plan (FMP). However,
further review and consultation may be
necessary before a final determination is
E:\FR\FM\13DEN1.SGM
13DEN1
]]>Agencies
[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Notices]
[Pages 70821-70823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24186]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-811]
Purified Carboxymethylcellulose from the Netherlands: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2007, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on purified carboxymethylcellulose (CMC) from
the Netherlands. The period of review (POR) is December 27, 2004,
through June 30, 2006. We received comments from interested parties and
have made changes to the margin for the final results. The final margin
for the respondent is listed below in the section entitled ``Final
Results of Review.''
EFFECTIVE DATE: December 13, 2007.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza,
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-
0193 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2007, the Department published the preliminary results
of the administrative review of the antidumping duty order on CMC from
the Netherlands. See Purified Carboxymethylcellulose from the
Netherlands; Preliminary Results of Antidumping Duty Administrative
Review, 72 FR 44099 (August 7, 2007) (Preliminary Results). On August
7, 2007, the Department issued an additional supplemental questionnaire
to CP Kelco B.V. and Noviant B.V. (collectively, CP Kelco), respondent
in this administrative review, requesting that it report third country
and U.S. sales factoring expenses on a transaction-specific basis to
the Department. CP Kelco submitted its response on August 15, 2007. See
Letter
[[Page 70822]]
from Arent Fox, LLP to the Secretary of Commerce dated August 15, 2007
(Factoring Expenses Supplemental Response). For a further discussion of
CP Kelco's factoring expenses, see ``Changes Since the Preliminary
Results'' section below. We invited interested parties to comment on
the Preliminary Results. On September 6, 2007, CP Kelco filed with the
Department its case brief on the Preliminary Results. On September 11,
2007, The Aqualon Company, a division of Hercules Incorporated
(petitioner) filed its rebuttal brief to CP Kelco's September 6, 2007,
case brief. We received no requests for a public hearing from the
parties.
Scope of the Antidumping Duty Order
The merchandise covered by the order is all purified 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 order
is currently 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 order is dispositive.
Analysis of Comments Received
All issues raised in the briefs are addressed in the ``Issues and
Decision Memorandum for the Final Results of the First Antidumping Duty
Administrative Review of Purified Carboxymethylcellulose from the
Netherlands,'' dated December 3, 2007 (Issues and Decision Memorandum),
which is hereby adopted by this notice. A list of the issues raised,
all of which are in the Issues and Decision Memorandum, is attached to
this notice as Appendix I. Parties can find a complete discussion of
all issues raised in the briefs and the corresponding recommendations
in this public memorandum which is on file in the Central Records Unit
(CRU), room B-099 of the Department of Commerce building. In addition,
a complete version of the Issues and Decision Memorandum can be
accessed directly on the Web at https://www.trade.gov/ia/. The paper
copy and electronic version of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made changes to the margin calculation for CP Kelco, which include
corrections to clerical errors made at the Preliminary Results with
regard to foreign currency conversions. Additionally, as stated above,
CP Kelco submitted its Factoring Expenses Supplemental Response on
August 15, 2007. Petitioner did not comment on these data in its case
and rebuttal briefs. Following our review of these data, we have
determined that it is appropriate to revise our calculation of both
comparison market and U.S. market net price using the transaction-
specific factoring expenses (i.e., transaction fees charged to CP Kelco
by its affiliated financial institution for purchasing CP Kelco's
account receivables and remitting payment to CP Kelco at an earlier
date than payment would have been otherwise received from the invoiced
customer) reported by CP Kelco in the Factoring Expenses Supplemental
Response. For a discussion of the changes to the margin calculations
for CP Kelco, see Memorandum to the File entitled, ``First Antidumping
Duty Administrative Review of Purified Carboxymethylcellulose from the
Netherlands: Analysis Memorandum for the Final Results of Review for CP
Kelco B.V.,'' from Stephen Bailey, Case Analyst, dated December 3, 2007
(Final Analysis Memo). A public version of this memorandum is on file
in the CRU.
Final Results of Review
In the Preliminary Results, we preliminarily determined that CP
Kelco B.V., as it alleged, is the successor-in-interest to the former
Noviant B.V. 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 44101.
Accordingly, we determine that CP Kelco B.V. is the successor-in-
interest to Noviant B.V., and that the following antidumping duty
margin exists for the period December 27, 2004, through June 30, 2006:
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (Percent)
------------------------------------------------------------------------
CP Kelco B.V........................................ 4.59
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. Pursuant to section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.212(b), the Department calculates an
assessment rate for each importer of the subject merchandise covered by
the review. Upon issuance of the final results of this review, if any
importer-specific assessment rates calculated in the final results are
above de minimis (i.e., at or above 0.50 percent), we will issue
appraisement instructions directly to CBP to assess antidumping duties
on appropriate entries by applying the assessment rate to the entered
value of the merchandise. To determine whether the duty-assessment rate
covering the period is de minimis, in accordance with the requirement
set forth in 19 CFR 351.106(c)(2), we have calculated an importer-
specific assessment ad valorem rate by aggregating the dumping margins
calculated for all U.S. sales to the importers of CP Kelco's subject
merchandise and dividing this amount by the total entered value of the
sales to that importer. Where the importer-specific ad valorem rate is
greater than de minimis, we will instruct CBP to apply the assessment
rate to the entered value of the importer's entries during the POR. The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by CP Kelco, for which CP Kelco did
not know that the merchandise it sold to an intermediary (e.g., a
reseller, trading company, or exporter) 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 company-specific rate for
an intermediary involved in the transaction. See Assessment Policy
Notice for a full discussion of this clarification.
[[Page 70823]]
Cash-Deposit Requirements
The following deposit requirements will be effective upon
publication of these final results of this administrative review for
all shipments of CMC from the Netherlands that are entered, or
withdrawn from warehouse, for consumption on or after the publication
date of the final results, as provided by section 751(a)(2)(C) of the
Act: (1) the cash-deposit rate for CP Kelco will be 4.59 percent; (2)
for merchandise exported by producers or exporters that were previously
investigated, the cash deposit will continue to be the most recent rate
published in the final determination for which the producer or exporter
received an individual rate; (3) if the exporter is not a firm covered
in this review or the original less-than-fair-value investigation
(LTFV) but the manufacturer is, the cash-deposit rate will be the rate
established for the most recent period for the manufacturer of the
subject merchandise; and (4) if neither the exporter nor the
manufacturer is a firm covered in this review or the LTFV
investigation, the cash-deposit rate shall be 14.57 percent, the all-
others rate established in the less-than-fair-value investigation. See
Notice of Final Determination of Sales at Less Than Fair Value:
Purified Carboxymethylcellulose from the Netherlands, 70 FR 28275 (May
17, 2005). These cash-deposit requirements shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as the only 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(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation that is
subject to sanction.
These final results of administrative review and notice are issued
and published in accordance with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: December 3, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
Appendix I
Comment 1: Alleged Errors Regarding Foreign Currency Conversions
Comment 2: Excluded Constructed Export Price Sales
Comment 3: Zeroing of Non-Dumping Margins
[FR Doc. E7-24186 Filed 12-12-07; 8:45 am]
BILLING CODE 3510-DS-S
