Purified Carboxymethylcellulose from the Netherlands: Final Results of Antidumping Duty Administrative Review, 52742-52744 [E9-24700]

Download as PDF 52742 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 393), the Salmon-Challis National Forest’s Central Idaho Resource Advisory Committee will conduct a business meeting which is open to the public. DATES: Monday, October 19, 2009, beginning at 1 p.m. ADDRESSES: Public Lands Center, 1206 South Challis Street, Salmon, Idaho. SUPPLEMENTARY INFORMATION: Agenda topics will include review of RAC 2009 projects, possible approval of RAC project proposals, and preparing for the 2010 RAC project season. The meeting is an open public forum. Some RAC members may attend the meeting by conference call or electronically. FOR FURTHER INFORMATION CONTACT: William A. Wood, Forest Supervisor and Designated Federal Officer, at 208– 756–5111. National Oceanic and Atmospheric Administration Suite 301, Port Angeles, WA 98362. Completed applications should be sent to the same address. FOR FURTHER INFORMATION CONTACT: Andrew Palmer, 115 5. Railroad Ave., Suite 301, Port Angeles, WA 98362, e-mail Andrew.palmer@noaa.gov. SUPPLEMENTARY INFORMATION: Sanctuary Advisory Council members and alternates serve three-year terms. The Advisory Council meets bi-monthly in public sessions in communities in and around the Olympic Coast National Marine Sanctuary. The Olympic Coast National Marine Sanctuary Advisory Council was established in December 1998 to assure continued public participation in the management of the sanctuary. Serving in a volunteer capacity, the advisory council’s 15 voting members represent a variety of local user groups, as well as the general public. In addition, five Federal government agencies and one federally funded program serve as nonvoting, ex officio members. Since its establishment, the advisory council has played a vital role in advising the sanctuary and NOAA on critical issues. In addition to providing advice on management issues facing the Sanctuary, the Council members serve as a communication bridge between constituents and the Sanctuary staff. Availability of Seats for the Olympic Coast National Marine Sanctuary Advisory Council Authority: 16 U.S.C. 1431, et seq. (Federal Domestic Assistance Catalog Number 11.429, Marine Sanctuary Program) AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice and request for applications. Dated: October 6, 2009. Daniel J. Basta, Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. E9–24673 Filed 10–13–09; 8:45 am] Dated: September 30, 2009. William A. Wood, Forest Supervisor, Salmon-Challis National Forest. [FR Doc. E9–24649 Filed 10–13–09; 8:45 am] BILLING CODE 3410–11–P DEPARTMENT OF COMMERCE The ONMS is seeking applications for the following vacant seats on the Olympic Coast National Marine Sanctuary Advisory Council: The Commercial Fishing seat and the Education seat. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the council’s Charter. DATES: Applications are due by November 20, 2009. ADDRESSES: Application kits may be obtained from Olympic Coast National Marine Sanctuary, 115 5. Railroad Ave., BILLING CODE 3510–NK–M mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Nov<24>2008 17:35 Oct 13, 2009 Jkt 220001 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 May 26, 2009, 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. See Purified Carboxymethylcellulose from the PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Netherlands; Preliminary Results of Antidumping Duty Administrative Review, 74 FR 24823 (May 26, 2009) (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, 2007, through June 30, 2008. We afforded interested parties an opportunity to comment on the Preliminary Results. 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 entitled ‘‘Final Results of the Review.’’ EFFECTIVE DATE: October 14, 2009. FOR FURTHER INFORMATION CONTACT: Patrick Edwards, Brian Davis, 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, (202) 482– 7924, or (202) 482–3019, respectively. SUPPLEMENTARY INFORMATION: Background On May 26, 2009, the Department published the preliminary results of the 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. 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 June 26, 2009, CP Kelco timely filed its comments on the Preliminary Results and requested a public hearing. See Case Brief from Arent Fox LLP (counsel for respondent) titled ‘‘Purified Carboxymethylcellulose from the Netherlands; Case Brief of CP Kelco B.V.,’’ dated June 26, 2009 (Case Brief). On June 30, 2009, petitioner timely submitted comments in lieu of a formal brief in reply to the June 26, 2009, case brief filed by CP Kelco. See Letter from Haynes & Boone, LLP, regarding ‘‘Comment by Petitioner Aqualon Company in Lieu of Reply Brief,’’ dated June 30, 2009. On July 2, 2009, CP Kelco withdrew its request for a public hearing. See CP Kelco’s letter regarding ‘‘Withdrawal of Hearing Request,’’ dated E:\FR\FM\14OCN1.SGM 14OCN1 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices July 2, 2009. On July 15, 2009, counsel for CP Kelco met with Department officials. See Ex–parte Memorandum to the File through Angelica L. Mendoza, Program Manager, Office 7, from Patrick Edwards and Brian Davis, Case Analysts, titled ‘‘Administrative Review of the Antidumping Duty Order on Purified Carboxymethylcellulose from Netherlands: Meeting with Counsel for Respondent,’’ dated July 17, 2009. mstockstill on DSKH9S0YB1PROD with NOTICES 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 CP Kelco’s case brief and petitioner’s comment in lieu of a formal reply brief are addressed in the Memorandum from John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Purified Carboxymethylcellulose from the Netherlands,’’ dated October 7, 2009 (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 brief and rebuttal and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room 1117 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision VerDate Nov<24>2008 17:35 Oct 13, 2009 Jkt 220001 Memorandum can be accessed directly on the Web at http://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 our analysis of the comments received from the interested parties, we have made changes to the margin calculation for CP Kelco, in order to account for CP Kelco’s factoring expenses as a direct selling expense. For a discussion of the changes which the Department has made to the margin calculation for CP Kelco, see ‘‘Memorandum to the File: Final Results of Antidumping Duty Administrative Review of Purified Carboxymethylcellulose from the Netherlands: Analysis of the Sales Responses Submitted by CP Kelco B.V.,’’ dated October 7, 2009. A public version of this memorandum is on file in the Central Records Unit. 52743 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 cash deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of purified CMC from the Final Results of the Review Netherlands entered, or withdrawn from We determine the following warehouse, for consumption on or after percentage weighted–average margin the date of publication, as provided by exists for the period July 1, 2007, section 751(a)(1) of the Tariff Act of through June 30, 2008: 1930, as amended (the Act): (1) The cash deposit rate for CP Kelco will be the rate Weighted–Average established in the final results of this Manufacturer / Exporter Margin review; (2) for merchandise exported by (Percentage) manufacturers or exporters not covered CP Kelco B.V. ............... 24.23 percent in this review but covered in the original less–than-fair–value (LTFV) investigation or previous reviews, the Assessment cash deposit rate will continue to be the The Department shall determine, and company–specific rate published for the U.S. Customs and Border Protection most recent period; (3) if the exporter is (CBP) shall assess, antidumping duties not a firm covered in this or any on all appropriate entries. In accordance previous review or the LTFV with 19 CFR 351.212(b)(1), the investigation, but the manufacturer is, Department normally calculates an assessment rate for each importer of the the cash deposit rate will be the rate established for the most recent period subject merchandise covered by the for the manufacturer of the review. CP Kelco has reported entered merchandise; and (4) if neither the values for all of its sales of subject merchandise to the United States during exporter nor the manufacturer is a firm covered in this or any previous review the POR. Therefore, in accordance with or the LTFV investigation conducted by 19 CFR 351.212(b)(1), we have the Department, the cash deposit rate calculated importer–specific duty will be the all–others rate of 14.57 assessment rates by dividing the percent from the LTFV investigation. dumping margin found on the subject See Notice of Antidumping Duty Orders: merchandise examined by the entered Purified Carboxymethylcellulose from value of such merchandise for normal Finland, Mexico, the Netherlands and 1 These rates customs duty purposes. will be assessed uniformly on all entries Sweden, 70 FR 39734 (July 11, 2005). of the respective importers made during These cash deposit requirements shall remain in effect until further notice. the POR. Where the assessment rate is above de minimis, we will instruct CBP Notification to Importers to assess duties on all entries of subject This notice also serves as a final merchandise by that importer. The reminder to importers of their Department intends to issue assessment responsibility under 19 CFR instructions directly to CBP 15 days 351.402(f)(2) to file a certificate regarding the reimbursement of 1 In instances where the importer is unknown antidumping duties prior to liquidation (e.g., EP sales), we have calculated customerspecific duty assessment rates. of the relevant entries during this PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.SGM 14OCN1 52744 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 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)(1) of the Act. Dated: October 7, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I Comment in the Issues and Decision Memorandum: Comment 1: The Department’s Use of Factoring Discounts [FR Doc. E9–24700 Filed 10–13–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–956] mstockstill on DSKH9S0YB1PROD with NOTICES Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China: Initiation of Antidumping Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: October 14, 2009. FOR FURTHER INFORMATION CONTACT: Drew Jackson at (202) 482–4406 or Melissa Blackledge at (202) 482–3518, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On September 16, 2009, the Department of Commerce VerDate Nov<24>2008 17:35 Oct 13, 2009 Jkt 220001 (‘‘Department’’) received an antidumping duty (‘‘AD’’) petition 1 concerning imports of certain seamless pipe (‘‘seamless pipe’’) from the People’s Republic of China (‘‘PRC’’) filed in proper form by United States Steel Corporation and V&M Star L.P. (on September 28, 2009, TMK IPSCO, and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union also entered the proceeding as petitioners). On September 21, 2009, the Department issued a request to United States Steel Corporation, V&M Star L.P., TMK IPSCO, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, (collectively, ‘‘Petitioners’’) for additional information and for clarification of certain areas of the Petition. Based on the Department’s request, Petitioners filed two supplements to the Petition, one regarding general issues and one addressing AD-specific issues, on September 25, 2009 (‘‘Supplement Regarding General Issues to the AD/CVD Petition’’ and ‘‘Supplement to the AD Petition,’’ respectively). On September 25, 2009, the Department requested further information from Petitioners, including suggested refinements to the scope. On September 29, 2009, Petitioners filed a second supplement to the Petition in response to the Department’s September 25, 2009 request (‘‘Second Supplement Regarding General Issues to the AD/CVD Petition’’). Also, on September 29, 2009, the Department issued additional requests to Petitioners for further information and clarification of certain areas of the Petition. Based on the Department’s request, Petitioners again filed two supplements to the Petition, one regarding general issues and one addressing AD-specific issues, on October 1, 2009 (‘‘Third Supplement Regarding General Issues to the AD/CVD Petition’’ and ‘‘Second Supplement to the AD Petition’’). On September 30, 2009, the Department requested comments from Petitioners on revisions made by the Department to the proposed scope language. In response to the Department’s request, Petitioners reiterated their scope comments filed in the Second Supplement Regarding General Issues to the AD/CVD Petition. See memorandum to the file from Drew 1 See Petition for the Imposition of Antidumping Duties: Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China, dated September 16, 2009 (‘‘Petition’’). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Jackson regarding ‘‘Initiation of the Antidumping Duty Investigation of Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China (‘‘Scope Memorandum’’). In accordance with section 732(b) of the Tariff Act of 1930, as amended (‘‘Act’’), Petitioners allege that imports of seamless pipe from the PRC are being, or are likely to be, sold in the United States at less than fair value, within the meaning of section 731 of the Act, and that such imports materially injure, and threaten further material injury to, an industry in the United States. The Department finds that Petitioners filed the Petition on behalf of the domestic industry and unions because Petitioners are interested parties, as defined in section 771(9)(C) and (D) of the Act, and have demonstrated sufficient industry support with respect to the investigation that they request the Department to initiate (see ‘‘Determination of Industry Support for the Petition’’ below). Scope of Investigation The products covered by this investigation are seamless pipe from the PRC. For a full description of the scope of the investigation, please see the ‘‘Scope of the Investigation’’ in Appendix I of this notice. Comments on the Scope of Investigation During our review of the Petition, we discussed the scope of the investigation with Petitioners and suggested a number of revisions to the scope language, including the removal from the scope of all language that relies on end-use to define covered merchandise. While Petitioners made a number of the suggested revisions to the scope, they did not remove end-use language from the scope. See Supplement Regarding General Issues to the AD/CVD Petition at 4; Second Supplement Regarding General Issues to the AD/CVD Petition, Item 3; and Scope Memorandum. The Department has inherent authority to define the scope of the investigation and may depart from the scope as proposed by a petition. NTN Bearing Corp. v. U.S., 747 F. Supp. 726, 731 (CIT 1990). In this case, consistent with the position taken in circular welded carbon quality steel pipe from the PRC, we have revised the scope by removing all enduse language from it. See Notice of Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances: Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China, 73 FR 31970 (June 5, 2008) (‘‘Circular Welded Pipe’’) at E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Notices]
[Pages 52742-52744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24700]


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

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 May 26, 2009, 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. See Purified Carboxymethylcellulose from the 
Netherlands; Preliminary Results of Antidumping Duty Administrative 
Review, 74 FR 24823 (May 26, 2009) (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, 2007, through June 30, 2008. We afforded interested 
parties an opportunity to comment on the Preliminary Results. 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 
entitled ``Final Results of the Review.''

EFFECTIVE DATE: October 14, 2009.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards, Brian Davis, 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, (202) 482-7924, or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 2009, the Department published the preliminary results 
of the 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. 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 June 26, 2009, CP Kelco timely filed its comments on the 
Preliminary Results and requested a public hearing. See Case Brief from 
Arent Fox LLP (counsel for respondent) titled ``Purified 
Carboxymethylcellulose from the Netherlands; Case Brief of CP Kelco 
B.V.,'' dated June 26, 2009 (Case Brief). On June 30, 2009, petitioner 
timely submitted comments in lieu of a formal brief in reply to the 
June 26, 2009, case brief filed by CP Kelco. See Letter from Haynes & 
Boone, LLP, regarding ``Comment by Petitioner Aqualon Company in Lieu 
of Reply Brief,'' dated June 30, 2009. On July 2, 2009, CP Kelco 
withdrew its request for a public hearing. See CP Kelco's letter 
regarding ``Withdrawal of Hearing Request,'' dated

[[Page 52743]]

July 2, 2009. On July 15, 2009, counsel for CP Kelco met with 
Department officials. See Ex-parte Memorandum to the File through 
Angelica L. Mendoza, Program Manager, Office 7, from Patrick Edwards 
and Brian Davis, Case Analysts, titled ``Administrative Review of the 
Antidumping Duty Order on Purified Carboxymethylcellulose from 
Netherlands: Meeting with Counsel for Respondent,'' dated July 17, 
2009.

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 CP Kelco's case brief and petitioner's comment 
in lieu of a formal reply brief are addressed in the Memorandum from 
John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, ``Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty Administrative 
Review of Purified Carboxymethylcellulose from the Netherlands,'' dated 
October 7, 2009 (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 brief and rebuttal and the corresponding recommendations in this 
public memorandum which is on file in the Central Records Unit, 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 http://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 our analysis of the comments received from the interested 
parties, we have made changes to the margin calculation for CP Kelco, 
in order to account for CP Kelco's factoring expenses as a direct 
selling expense. For a discussion of the changes which the Department 
has made to the margin calculation for CP Kelco, see ``Memorandum to 
the File: Final Results of Antidumping Duty Administrative Review of 
Purified Carboxymethylcellulose from the Netherlands: Analysis of the 
Sales Responses Submitted by CP Kelco B.V.,'' dated October 7, 2009. A 
public version of this memorandum is on file in the Central Records 
Unit.

Final Results of the Review

    We determine the following percentage weighted-average margin 
exists for the period July 1, 2007, through June 30, 2008:

------------------------------------------------------------------------
                                                       Weighted-Average
               Manufacturer / Exporter                      Margin
                                                         (Percentage)
------------------------------------------------------------------------
CP Kelco B.V........................................       24.23 percent
------------------------------------------------------------------------

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 
normally 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 by dividing the 
dumping margin found on the subject merchandise examined by the entered 
value of such merchandise for normal customs duty purposes.\1\ These 
rates will be assessed uniformly on all entries of 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.
---------------------------------------------------------------------------

    \1\ In instances where the importer is unknown (e.g., EP sales), 
we have calculated customer-specific duty assessment rates.
---------------------------------------------------------------------------

    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 cash 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 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 (LTFV) 
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 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 or the LTFV investigation 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

[[Page 52744]]

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)(1) of the Act.

    Dated: October 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

Comment in the Issues and Decision Memorandum:

Comment 1: The Department's Use of Factoring Discounts
[FR Doc. E9-24700 Filed 10-13-09; 8:45 am]
BILLING CODE 3510-DS-S