Purified Carboxymethylcellulose From Finland; Final Results of Antidumping Duty Administrative Review, 75397-75398 [E8-29388]
Download as PDF
<![CDATA[
75397
Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
(A-405-803)
Purified Carboxymethylcellulose From
Finland; 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 (the
Department) published the preliminary
results of administrative review of the
antidumping duty order covering
purified carboxymethylcellulose (CMC)
from Finland. See Purified
Carboxymethylcellulose from Finland;
Notice of Preliminary Results of
Antidumping Duty Administrative
Review, 73 FR 45948 (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 the Preliminary
Results, we invited parties to provide
comments. We have not made any
changes to our calculation based on our
analysis of the comments received.
Therefore, the final results do not differ
from the 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:
December 11, 2008.
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:
mstockstill on PROD1PC66 with NOTICES
Background
On August 7, 2008, the Department
published the preliminary results of
administrative review of the
antidumping duty order covering
purified CMC from Finland. See
Preliminary Results. The parties subject
to this review are CP Kelco Oy and CP
Kelco U.S., Inc. (collectively, CP Kelco).
The petitioner in this proceeding is the
Aqualon Company, a division of
Hercules Incorporated (Petitioner).
In the Preliminary Results we invited
parties to provide comments. In
response, the Department received
comments from Petitioner on September
5, 2008. See Letter from Haynes Boone
VerDate Aug<31>2005
17:27 Dec 10, 2008
Jkt 217001
Regarding Purified
Carboxymethylcellulose from Finland;
Request for a Public Hearing and
Comment by Petitioner Aqualon
Company in Lieu of Formal Case Brief,
dated September 5, 2008 (Petitioner’s
Comments). On September 15, 2008, CP
Kelco submitted its rebuttal to
Petitioner’s September 5, 2008
submission (CP Kelco’s Rebuttal).
Petitioner contacted officials at the
Department and withdrew its request for
a public hearing. See Memorandum to
the File from Robert James, Program
Manager, titled, ‘‘Withdrawl of
Petitioner’s Request for a 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 Petitioner’s
Comments and in CP Kelco’s Rebuttal
are addressed in the Memorandum to
David M. Spooner, Assistant Secretary
for Import Administration: ‘‘Issues and
Decision Memorandum for the Final
Results of the 2006-2007 Administrative
Review of Purified
Carboxymethylcellulose from Finland,’’
dated December 4, 2008 (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 Issues and Decision
Memorandum, is attached to this notice
as an appendix. The Issues and Decision
Memorandum is on file in the Central
Records Unit in room 1117 of the main
Department’s building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
directly on the Internet 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 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:
Manufacturer/Exporter
CP Kelco Oy .................
Weighted Average
Margin
(Percentage)
13.89%
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 fifteen days
after publication of these final results of
review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification applies
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:
E:\FR\FM\11DEN1.SGM
11DEN1
75398
Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices
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 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 Act): 1) The cash deposit
rate for CP Kelco will be the rate
established in the final results of this
review; 2) for previously investigated
companies not listed above, 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
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 cash
deposit requirements shall remain in
effect until further notice.
mstockstill on PROD1PC66 with NOTICES
Notification to Importers
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 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.
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
VerDate Aug<31>2005
17:27 Dec 10, 2008
Jkt 217001
with the regulations and terms of an
APO is a violation that issubject to
sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson or George McMahon at
(202) 482–3797 or (202) 482–1167,
respectively; Office of AD/CVD
Operations 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2008, the Department
published in the Federal Register the
preliminary results of the sixth
administrative review of the
antidumping duty order on SSPC from
Belgium. See Preliminary Results. On
September 15, 2008, the Department
published a notice extending the
deadline of the final results to December
3, 2008. See Stainless Steel Plate in
Coils From Belgium: Extension of Time
Limit for Final Results of Antidumping
Duty Administrative Review, 73 FR
53190 (September 15, 2008). Since the
Preliminary Results, the following
events have occurred. On October 17,
2008, the Department issued a Post–
Preliminary Determination which
applied an alternative cost–averaging
methodology. See Memorandum from
Angela Strom to Neal Halper titled,
‘‘Proposed Adjustments to the Cost of
Production and Constructed Value
Data–Ugine and ALZ Belgium,’’ dated
October 17, 2008 (Post–Preliminary
Determination).
The Department extended the briefing
schedule to provide interested parties
an opportunity to comment on the post–
preliminary results. Case and rebuttal
briefs were timely filed by the
respondent, U&A Belgium, and
Allegheny Ludlum Corporation, North
American Stainless, United Auto
Workers Local 3303, Zanesville Armco
Independent Organization, and the
United Steelworkers of America, AFL–
CIO/CLC (collectively, the petitioners).1
The issues raised in all case and
rebuttal briefs by parties to this
administrative review are addressed in
the memorandum titled, ‘‘Issues and
Decisions for the Final Results of the
Sixth Administrative Review of the
Antidumping Duty Order on Stainless
Steel Plate in Coils from Belgium (2006–
2007)’’, from Stephen J. Claeys, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations to
David M. Spooner, Assistant Secretary
for Import Administration (December 3,
2008) (Decision Memorandum), which
is hereby adopted by this notice. A list
of the issues addressed in the Decision
Memorandum is appended to this
notice. The Decision Memorandum is
on file in the Central Records Unit
(CRU), room 1117 of the Department of
1 Case briefs and rebuttal briefs were submitted by
the following domestic interested parties and
respondent: on October 24, 2008, the petitioners
filed a case brief (the Petitioners’ Case Brief); on
October 29, 2008, the petitioners filed a rebuttal
brief (the Petitioners’ Rebuttal Brief); on October 24,
2008, U&A Belgium submitted a case brief (U&A
Belgium’s Case Brief); and on October 29, 2008,
U&A Belgium submitted a rebuttal brief (U&A
Belgium’s Rebuttal Brief).
Dated: December 4, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
Comments:
Comment 1: Whether to Increase CP
Kelco Oy’s Cost of Production for
Shut-down Costs Incurred by its
Swedish Affiliate
[FR Doc. E8–29388 Filed 12–10–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–423–808)
Stainless Steel Plate in Coils From
Belgium: Final Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On June 6, 2008, the
Department of Commerce (the
Department) published the preliminary
results of the antidumping duty order
on stainless steel plate in coils (SSPC)
from Belgium. See Stainless Steel Plate
in Coils From Belgium: Preliminary
Results of Antidumping Duty
Administrative Review, 73 FR 32298
(June 6, 2008) (Preliminary Results).
This review covers one manufacturer/
exporter of the subject merchandise:
Ugine & ALZ Belgium (U&A Belgium).
The period of review (POR) is May 1,
2006, through April 30, 2007.
Based on our analysis of the
comments received, we have made
changes to the Preliminary Results. For
the final dumping margins see the
‘‘Final Results of Review’’ section
below.
EFFECTIVE DATE:
PO 00000
Frm 00015
December 11, 2008.
Fmt 4703
Sfmt 4703
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75397-75398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29388]
[[Page 75397]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-405-803)
Purified Carboxymethylcellulose From Finland; 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 (the Department)
published the preliminary results of administrative review of the
antidumping duty order covering purified carboxymethylcellulose (CMC)
from Finland. See Purified Carboxymethylcellulose from Finland; Notice
of Preliminary Results of Antidumping Duty Administrative Review, 73 FR
45948 (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 the Preliminary Results, we invited parties
to provide comments. We have not made any changes to our calculation
based on our analysis of the comments received. Therefore, the final
results do not differ from the 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: December 11, 2008.
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, 2008, the Department published the preliminary results
of administrative review of the antidumping duty order covering
purified CMC from Finland. See Preliminary Results. The parties subject
to this review are CP Kelco Oy and CP Kelco U.S., Inc. (collectively,
CP Kelco). The petitioner in this proceeding is the Aqualon Company, a
division of Hercules Incorporated (Petitioner).
In the Preliminary Results we invited parties to provide comments.
In response, the Department received comments from Petitioner on
September 5, 2008. See Letter from Haynes Boone Regarding Purified
Carboxymethylcellulose from Finland; Request for a Public Hearing and
Comment by Petitioner Aqualon Company in Lieu of Formal Case Brief,
dated September 5, 2008 (Petitioner's Comments). On September 15, 2008,
CP Kelco submitted its rebuttal to Petitioner's September 5, 2008
submission (CP Kelco's Rebuttal). Petitioner contacted officials at the
Department and withdrew its request for a public hearing. See
Memorandum to the File from Robert James, Program Manager, titled,
``Withdrawl of Petitioner's Request for a 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 Petitioner's Comments and in CP Kelco's
Rebuttal are addressed in the Memorandum to David M. Spooner, Assistant
Secretary for Import Administration: ``Issues and Decision Memorandum
for the Final Results of the 2006-2007 Administrative Review of
Purified Carboxymethylcellulose from Finland,'' dated December 4, 2008
(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 Issues and Decision Memorandum,
is attached to this notice as an appendix. The Issues and Decision
Memorandum is on file in the Central Records Unit in room 1117 of the
main Department's building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
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 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 Oy......................................... 13.89[percnt]
------------------------------------------------------------------------
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 fifteen days after
publication of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification applies 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:
[[Page 75398]]
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 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 Act): 1) The cash deposit rate for CP Kelco will be the rate
established in the final results of this review; 2) for previously
investigated companies not listed above, 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 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 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) 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 or countervailing 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
issubject 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
Comments:
Comment 1: Whether to Increase CP Kelco Oy's Cost of Production for
Shut-down Costs Incurred by its Swedish Affiliate
[FR Doc. E8-29388 Filed 12-10-08; 8:45 am]
BILLING CODE 3510-DS-S
