Purified Carboxymethylcellulose From the Netherlands: Final Results of Antidumping Duty Administrative Review, 75393-75395 [E8-29384]
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Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: December 4, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–29392 Filed 12–10–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–863)
mstockstill on PROD1PC66 with NOTICES
Honey From the People’s Republic of
China: Notice of Court Decision Not in
Harmony with Final Results of
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 18, 2008, the
United States Court of International
Trade (‘‘CIT’’) sustained the remand
redetermination issued by the
Department of Commerce
(‘‘Department’’) pursuant to the CIT’s
remand order in the final results of the
administrative review of the
antidumping duty order on honey from
the People’s Republic of China. See
Shanghai Eswell Enterprise Co., Ltd., et.
al. v. United States, Court No. 05–
00439, Slip Op. 08–124 (CIT November
18, 2008) (‘‘Eswell II’’). This case arose
from the Department’s final results for
the period of review (‘‘POR’’) December
1, 2002, through November 30, 2003.
See Honey from the People’s Republic of
China: Final Results and Final
Rescission, In Part, of Antidumping
Duty Administrative Review, 70 FR
38873 (July 6, 2005) (‘‘Final Results’’).
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), the Department is
notifying the public that Eswell II is not
in harmony with the Department’s Final
Results.
EFFECTIVE DATE: December 11, 2008.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Ave., NW, Washington, DC
20230; telephone: (202) 482–0413.
SUPPLEMENTARY INFORMATION: On
September 13, 2007, the CIT remanded
the following issues to the Department
for further administrative proceedings
consistent with its opinion and Order:
1) the calculation of the raw honey
surrogate value; 2) the calculation of
VerDate Aug<31>2005
17:27 Dec 10, 2008
Jkt 217001
surrogate financial ratios with respect to
(a) the treatment of honey sales
commissions and (b) the treatment of
jars, corks, and honey machine
purchases; and 3) the use of export price
sales for Jinfu Trading Co., Ltd.’s
(‘‘Jinfu’’) U.S. sales. See Shanghai
Eswell Enterprise, Co., Ltd., et. al. v.
United States, Slip Op. 07–138 (CIT
September 13, 2007) (‘‘Eswell I’’), at 17–
18. Pursuant to the CIT’s remand
instructions, we: 1) addressed record
evidence which indicated a decline in
export prices during the second half of
the POR and explained why we have
refrained from considering these data in
calculating a surrogate value for raw
honey; 2) (a) discussed evidence which
reflects an exact correlation between the
selling commission expenses incurred
by respondents, and those incurred by
the surrogate financial company and
further explained our decision in the
Final Results that the record evidence
was insufficient to permit a
circumstances of sale adjustment, as
well as (b) revised our financial ratio
calculations to include reported
expenses for jars and corks as direct
materials used for producing finished
honey and provided further explanation
regarding our finding that honey
machine purchases do not constitute
direct expenses; and 3) addressed the
CIT’s findings with respect to
operational control, and explained our
continued finding, in accordance with
our decision in the Final Results of
Redetermination Pursuant to Court
Remand: Jinfu Trading Co., Ltd. v.
United States, Court No. 04–00597, Slip
Op. 07–95 (CIT June 13, 2007).
On January 15, 2008, the Department
released the Draft Results of
Redetermination Pursuant to Court
Remand to interested parties. On
January 22 and January 24, 2008, we
received comments on the draft results
of redetermination from interested
parties. On February 11, 2008, the
Department filed its final results of
redetermination pursuant to Eswell I
with the CIT. See Final Results of
Redetermination Pursuant to Court
Remand: Shanghai Eswell Enterprise
Co., Ltd. v. United States, Court No. 06–
00430 (February 11, 2008). In
responding to the CIT’s questions and
reassessing the record evidence, we
determined it was appropriate to revise
our financial ratio calculations to
include, as direct materials used to
producing finished honey, expenses for
jars and corks. Thus, the Department
revised, as appropriate, the surrogate
financial ratios of the margin
calculations for Eswell Enterprise Co.,
Ltd., Jinfu and Zhejiang Native Produce
PO 00000
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Fmt 4703
Sfmt 4703
75393
and Animal By–Products Import &
Export Group Corp. On November 18,
2008, the CIT sustained all aspects of
the redetermination made by the
Department pursuant to the CIT’s
remand of the Final Results.
In Timken, 893 F.2d at 341, the CAFC
held that, pursuant to section 516A(e) of
the Tariff Act of 1930, as amended
(‘‘Act’’), the Department must publish a
notice of a court decision that is not ‘‘in
harmony’’ with a Department
determination, and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
decision in Eswell II on November 18,
2008, constitutes a decision of the court
that is not in harmony with the
Department’s Final Results. This notice
is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will
continue the suspension of liquidation
of the subject merchandise pending the
expiration of the period of appeal or, if
appealed, pending a final and
conclusive court decision. In the event
the CIT’s ruling is not appealed or, if
appealed, upheld by the CAFC, the
Department will publish an amended
final results and instruct U.S. Customs
and Border Protection to revise the cash
deposit rates covering the subject
merchandise and to assess antidumping
duties on entries of the subject
merchandise during the POR based on
the revised assessment rates calculated
by the Department.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: December 5, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–29486 Filed 12–10–08; 8:45 am]
BILLING CODE 3510–DS–S
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, 2008, the
Department of Commerce (Department)
published the preliminary results of the
administrative review of the
antidumping duty order on purified
carboxymethylcellulose (CMC) from the
E:\FR\FM\11DEN1.SGM
11DEN1
75394
Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
Netherlands. See Purified
Carboxymethylcellulose from the
Netherlands; Preliminary Results of
Antidumping Duty Administrative
Review, 73 FR 45943 (August 7, 2008)
(Preliminary Results). The merchandise
covered by the order is purified CMC as
described in the ‘‘Scope of the Order’’
section of this notice. The period of
review (POR) is July 1, 2006, through
June 30, 2007. In our Preliminary
Results, we invited parties to comment.
We received comments from interested
parties and have made no changes to
our calculation based on our analysis of
the comments received. Therefore, the
final results do not differ from those
published in the Department’s
Preliminary Results. The final weightedaverage dumping margin for the
reviewed firm is listed below in the
section entitled ‘‘Final Results of the
Review.’’
DATES: Effective Date: December 11,
2008.
FOR FURTHER INFORMATION CONTACT:
Patrick Edwards 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) 482–8029 or (202) 482–
3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2008, the Department
published the preliminary results of
administrative review of the
antidumping duty order covering
purified CMC from the Netherlands. See
Preliminary Results. The parties subject
to this review are CP Kelco B.V. and its
U.S. affiliates, CP Kelco U.S., Inc. and
Huber Engineered Materials
(collectively, CP Kelco). The Petitioner
in this proceeding is The Aqualon
Company, a division of Hercules
Incorporated (Petitioner).
We invited interested parties to
comment on the Preliminary Results. On
September 5, 2008, Petitioner filed
comments on the Preliminary Results.
See Letter from Haynes & Boone, LLP,
regarding ‘‘Request for a Public Hearing
and Comment in Lieu of a Formal Case
Brief,’’ dated September 5, 2008. CP
Kelco did not file a case brief in this
proceeding. On September 15, 2008, CP
Kelco filed its rebuttal to Petitioner’s
September 5, 2008, submission. See
Letter from Arent Fox LLP, regarding
‘‘Rebuttal Brief of CP Kelco BV,’’ dated
September 15, 2008. On September 11,
2008, Petitioner contacted Department
officials and withdrew its request for a
public hearing. See Memorandum to the
VerDate Aug<31>2005
17:27 Dec 10, 2008
Jkt 217001
File from Robert James, Program
Manager, titled, ‘‘Withdrawal of
Petitioner’s Request for Hearing,’’ dated
September 11, 2008.
Scope of the 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 the 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 the case and
rebuttal briefs are addressed in the
‘‘Memorandum to the Assistant
Secretary: Issues and Decision
Memorandum for the Final Results of
the Antidumping Duty Administrative
Review of Purified
Carboxymethylcellulose from the
Netherlands,’’ dated December 4, 2008
(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 1117
of the main 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.
Based on our analysis of the
comments received from the interested
parties, we have made no changes to the
margin calculations for CP Kelco from
the Preliminary Results.
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Fmt 4703
Sfmt 4703
Final Results of the Review
We determine the following
percentage weighted-average margin
exists for the period July 1, 2006,
through June 30, 2007:
Manufacturer/exporter
CP Kelco B.V. ...............
Weighted average
margin
(percentage)
7.02
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 covered by the review. 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 intends to issue assessment
instructions directly to CBP 15 days
after publication of these final results of
review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR 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 allothers 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 CMC from the Netherlands
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices
751(a)(1) of the Tariff Act of 1930, as
amended (the Act): (1) The cash deposit
rate for CP Kelco will be the rate
established in the final results of this
review; (2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in the
original less-than-fair-value
investigation or previous reviews, the
cash deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this or any
previous review or the less-than-fairvalue (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 (4) 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
14.57 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 cash
deposit requirements shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping 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 duties
occurred and the subsequent assessment
of doubled antidumping duties.
mstockstill on PROD1PC66 with NOTICES
Notification Regarding Administrative
Protective Orders
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(a)(3). 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 that is subject to
sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
VerDate Aug<31>2005
17:27 Dec 10, 2008
Jkt 217001
Dated: December 4, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Background
Appendix I—Comment in the Issues
and Decision Memorandum:
Comment 1: Whether to Increase CP Kelco
B.V.’s Costs of Production for Shut-down
Costs Incurred by its Swedish Affiliate.
[FR Doc. E8–29384 Filed 12–10–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–401–808]
Purified Carboxymethylcellulose From
Sweden: Final Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2008, the
Department of Commerce (Department)
published the preliminary results of the
administrative review of the
antidumping duty order on purified
carboxymethylcellulose (CMC) from
Sweden. See Purified
Carboxymethylcellulose from Sweden:
Preliminary Results of Antidumping
Duty Administrative Review, 73 FR
45703 (August 6, 2008) (Preliminary
Results). The merchandise covered by
this order is purified CMC as described
in the ‘‘Scope of the Order’’ section of
this notice. The period of review (POR)
is July 1, 2006, through June 30, 2007.
In our Preliminary Results, we invited
parties to comment. We received
comments from interested parties and,
consequently, have made changes to our
calculation based on our analysis of the
comments received. Therefore, the final
results differ from those published in
the Department’s Preliminary Results.
The final weighted-average dumping
margin for the reviewed firm is listed
below in the section titled ‘‘Final
Results of the Review.’’
DATES:
Effective Date: December 11,
2008.
FOR FURTHER INFORMATION CONTACT:
Patrick Edwards 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) 482–8029 or (202) 482–
3019, respectively.
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4703
Sfmt 4703
75395
On August 6, 2008, the Department
published the preliminary results of
administrative review of the
antidumping duty order covering
purified CMC from Sweden. See
Preliminary Results. The parties subject
to this review are CP Kelco A.B. and its
U.S. affiliate, CP Kelco U.S., Inc.
(collectively, CP Kelco). The petitioner
in this proceeding is The Aqualon
Company, a division of Hercules
Incorporated (Petitioner).
We invited interested parties to
comment on the Preliminary Results. On
September 5, 2008, Petitioner filed
comments on the Preliminary Results.
See Letter from Haynes & Boone, LLP,
regarding ‘‘Request for a Public Hearing
and Comment in Lieu of a Formal Case
Brief,’’ dated September 5, 2008. Also
on September 5, 2008, CP Kelco
submitted comments on the Preliminary
Results. See Letter from Arent Fox LLP,
regarding ‘‘Comments Regarding August
6, 2008 Preliminary Results of Review,’’
dated September 5, 2008. On September
11, 2008, CP Kelco filed its rebuttal to
Petitioner’s September 5, 2008,
submission. See Letter from Arent Fox
LLP, regarding ‘‘Rebuttal Brief of CP
Kelco AB,’’ dated September 11, 2008.
Petitioner did not submit a rebuttal
brief. On September 11, 2008, Petitioner
subsequently contacted Department
officials and withdrew its request for a
public hearing. See Memorandum to the
File from Robert James, Program
Manager, titled ‘‘Withdrawal of
Petitioner’s Request for Hearing,’’ dated
September 11, 2008.
Scope of the 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 the 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;
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75393-75395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29384]
-----------------------------------------------------------------------
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, 2008, the Department of Commerce (Department)
published the preliminary results of the administrative review of the
antidumping duty order on purified carboxymethylcellulose (CMC) from
the
[[Page 75394]]
Netherlands. See Purified Carboxymethylcellulose from the Netherlands;
Preliminary Results of Antidumping Duty Administrative Review, 73 FR
45943 (August 7, 2008) (Preliminary Results). The merchandise covered
by the order is purified CMC as described in the ``Scope of the Order''
section of this notice. The period of review (POR) is July 1, 2006,
through June 30, 2007. In our Preliminary Results, we invited parties
to comment. We received comments from interested parties and have made
no changes to our calculation based on our analysis of the comments
received. Therefore, the final results do not differ from those
published in the Department's Preliminary Results. The final weighted-
average dumping margin for the reviewed firm is listed below in the
section entitled ``Final Results of the Review.''
DATES: Effective Date: December 11, 2008.
FOR FURTHER INFORMATION CONTACT: Patrick Edwards 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-
8029 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2008, the Department published the preliminary results
of administrative review of the antidumping duty order covering
purified CMC from the Netherlands. See Preliminary Results. The parties
subject to this review are CP Kelco B.V. and its U.S. affiliates, CP
Kelco U.S., Inc. and Huber Engineered Materials (collectively, CP
Kelco). The Petitioner in this proceeding is The Aqualon Company, a
division of Hercules Incorporated (Petitioner).
We invited interested parties to comment on the Preliminary
Results. On September 5, 2008, Petitioner filed comments on the
Preliminary Results. See Letter from Haynes & Boone, LLP, regarding
``Request for a Public Hearing and Comment in Lieu of a Formal Case
Brief,'' dated September 5, 2008. CP Kelco did not file a case brief in
this proceeding. On September 15, 2008, CP Kelco filed its rebuttal to
Petitioner's September 5, 2008, submission. See Letter from Arent Fox
LLP, regarding ``Rebuttal Brief of CP Kelco BV,'' dated September 15,
2008. On September 11, 2008, Petitioner contacted Department officials
and withdrew its request for a public hearing. See Memorandum to the
File from Robert James, Program Manager, titled, ``Withdrawal of
Petitioner's Request for Hearing,'' dated September 11, 2008.
Scope of the 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 the 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 the case and rebuttal briefs are addressed in
the ``Memorandum to the Assistant Secretary: Issues and Decision
Memorandum for the Final Results of the Antidumping Duty Administrative
Review of Purified Carboxymethylcellulose from the Netherlands,'' dated
December 4, 2008 (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
1117 of the main 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.
Based on our analysis of the comments received from the interested
parties, we have made no changes to the margin calculations for CP
Kelco from the Preliminary Results.
Final Results of the Review
We determine the following percentage weighted-average margin
exists for the period July 1, 2006, through June 30, 2007:
------------------------------------------------------------------------
Weighted average
Manufacturer/exporter margin
(percentage)
------------------------------------------------------------------------
CP Kelco B.V........................................ 7.02
------------------------------------------------------------------------
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 covered by the review. 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 intends to
issue assessment instructions directly to CBP 15 days after publication
of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR 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 CMC from the Netherlands entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section
[[Page 75395]]
751(a)(1) of the Tariff Act of 1930, as amended (the Act): (1) The cash
deposit rate for CP Kelco will be the rate established in the final
results of this review; (2) for merchandise exported by manufacturers
or exporters not covered in this review but covered in the original
less-than-fair-value investigation or previous reviews, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this or any previous 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 (4) 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 14.57
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 cash deposit
requirements shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping 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 duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
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(a)(3). 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 that is
subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: December 4, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I--Comment in the Issues and Decision Memorandum:
Comment 1: Whether to Increase CP Kelco B.V.'s Costs of Production
for Shut-down Costs Incurred by its Swedish Affiliate.
[FR Doc. E8-29384 Filed 12-10-08; 8:45 am]
BILLING CODE 3510-DS-P
