Purified Carboxymethylcellulose From Sweden: Final Results of Antidumping Duty Administrative Review, 75395-75396 [E8-29385]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75395-75396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29385]


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

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:

Background

    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;

[[Page 75396]]

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 Sweden,'' 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.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES][NOTICE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]

Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made one change to the margin calculation for CP Kelco, to correct for 
a clerical error made at the Preliminary Results with regard to certain 
constructed export price sales that were inadvertently removed from our 
overall margin calculation. For a discussion of the change which the 
Department has made to the margin calculation for CP Kelco, see 
``Memorandum to the File: Antidumping Duty Administrative Review of the 
Antidumping Duty Order on Purified Carboxymethylcellulose for CP Kelco 
AB (CP Kelco),'' dated December 4, 2008. A public version of this 
memorandum is on file in the CRU.

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 A.B........................................                5.88
------------------------------------------------------------------------

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 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 Sweden 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 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 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 25.29 
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--Comments in the Issues and Decision Memorandum

Comment 1: Inclusion of Shut-down Costs in CP Kelco's Cost of 
Production.
Comment 2: Correction for Ministerial Errors.
[FR Doc. E8-29385 Filed 12-10-08; 8:45 am]
BILLING CODE 3510-DS-P