Purified Carboxymethylcellulose From Mexico: Notice of Preliminary Results of Antidumping Duty Administrative Review, 33775-33778 [2010-14386]

Download as PDF Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Notices their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the period of review. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4). Dated: June 9, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–14382 Filed 6–14–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–834] mstockstill on DSKH9S0YB1PROD with NOTICES Purified Carboxymethylcellulose From Mexico: Notice of Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Quimica Amtex S.A. de C.V. (Amtex), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on purified carboxymethylcellulose (CMC) from Mexico. The review covers exports of the subject merchandise to the United States produced and exported by Amtex; the period of review (POR) is July 1, 2008, through June 30, 2009. We preliminarily find that Amtex has made sales at less than normal value (NV) during the POR. If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties based on differences between the export price (EP) or constructed export price (CEP) and NV. Interested parties are invited to comment on these preliminary results. Parties who submit arguments in this proceeding are requested to submit with the arguments: (1) A statement of the issues, (2) a brief summary of the arguments, and (3) a table of authorities. DATES: Effective Date: June 15, 2010. VerDate Mar<15>2010 17:15 Jun 14, 2010 Jkt 220001 FOR FURTHER INFORMATION CONTACT: Mark Flessner 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) 482–6312 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the antidumping duty order on CMC from Mexico on July 11, 2005. See Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands, and Sweden, 70 FR 39734 (July 11, 2005). On July 1, 2009, the Department published the notice of opportunity to request an administrative review of CMC from Mexico for the period of July 1, 2008, through June 30, 2009. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 74 FR 31406 (July 1, 2009). On July 22, 2009, respondent Amtex requested an administrative review. On August 25, 2009, the Department published in the Federal Register a notice of initiation of this antidumping duty administrative review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 74 FR 42873 (August 25, 2009). On September 3, 2009, the Department issued its standard antidumping duty questionnaire to Amtex. Amtex submitted its response to section A of the Department’s questionnaire on October 9, 2009 (Amtex Section A Response). Amtex submitted its response to sections B and C of the Department’s questionnaire on October 29, 2009 (Amtex Sections B and C Response). Period of Review The POR is July 1, 2008, through June 30, 2009. Scope of the Order The merchandise covered by this order is all purified carboxymethylcellulose (CMC), sometimes also referred to as purified sodium CMC, polyanionic cellulose, or cellulose gum, which is a white to offwhite, 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 33775 treatment. Purified CMC is CMC that has undergone one or more purification operations which, at a minimum, reduce the remaining salt and other by-product portion of the product to less than ten percent. The merchandise subject to this order is 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. Date of Sale The Department’s regulations state that it will normally use the date of invoice, as recorded in the exporter’s or producer’s records kept in the ordinary course of business, as the date of sale. See 19 CFR 351.401(i). However, if the Department is satisfied that ‘‘a different date * * * better reflects the date on which the exporter or producer establishes the material terms of sale,’’ the Department may choose a different date. Id. Amtex has reported the definitive invoice (as differentiated from pro forma invoice) as the invoice date. See Amtex Section A Response at A20– A21. With regard to the invoice date, Amtex bills some of its sales via ‘‘delayed invoices’’ in both the home and U.S. markets. Id. In these instances, delivery is made to the customer and a pro forma invoice is issued, but the subject merchandise remains in storage and continues to be the property of Amtex until withdrawn for consumption by the customer (usually at the end of a regular, monthly billing cycle), at which time a definitive invoice is issued. Id. In Amtex’s normal books and records, it is this definitive invoice date (not the pro forma invoice date) that is recorded as the date of sale. Id. Therefore, the Department preliminarily determines that the definitive invoice date is the date of sale provided that the definite invoice is issued on or before the shipment date; and that the shipment date is the date of sale where the invoice is issued after the shipment date. See Purified Carboxymethylcellulose from Mexico: Preliminary Results Analysis Memorandum for Quimica Amtex, S.A. de C.V., dated June 8, 2010 (Analysis Memorandum), for further discussion of date of sale. A public version of this memorandum is on file in the Department’s Central Records Unit (CRU) located in Room 1117 of the main Department of Commerce Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. E:\FR\FM\15JNN1.SGM 15JNN1 33776 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Notices Fair Value Comparisons To determine whether sales of CMC in the United States were made at less than NV, we compared U.S. price to NV, as described in the ‘‘Export Price,’’ ‘‘Constructed Export Price,’’ and ‘‘Normal Value’’ sections of this notice. In accordance with section 777A(d)(2) of the Tariff Act of 1930, as amended (the Tariff Act), we calculated monthly weighted-average NVs and compared these to individual U.S. transactions. Because we determined Amtex made both EP and CEP sales during the POR, we used both EP and CEP as the basis for U.S. price in our comparisons. Product Comparisons In accordance with section 771(16) of the Tariff Act, we considered all products produced by Amtex covered by the description in the ‘‘Scope of the Order’’ section, above, and sold in the home market during the POR, to be foreign like products for purposes of determining appropriate product comparisons to U.S. sales. We relied on five characteristics to match U.S. sales of subject merchandise to comparison sales of the foreign like product (listed in order of priority): (1) Grade; (2) viscosity; (3) degree of substitution; (4) particle size; and (5) solution gel characteristics. Where there were no sales of identical merchandise in the home market to compare to U.S. sales, we compared U.S. sales to the next most similar foreign like product on the basis of these product characteristics and the reporting instructions listed in the Department’s September 3, 2009, questionnaire. Because there were contemporaneous sales of identical or similar merchandise in the home market suitable for comparison to all U.S. sales, we did not compare any U.S. sales to constructed value (CV). See the CV section below. mstockstill on DSKH9S0YB1PROD with NOTICES Export Price (EP) Section 772(a) of the Tariff Act defines EP as ‘‘the price at which the subject merchandise is first sold (or agreed to be sold) before the date of importation by the producer or exporter of subject merchandise outside of the United States to an unaffiliated purchaser in the United States or to an unaffiliated purchaser for exportation to the United States,’’ as adjusted under section 772(c) of the Tariff Act. In accordance with section 772(a) of the Tariff Act, we used EP for a number of Amtex’s U.S. sales because these sales were made before the date of importation and were sales directly to unaffiliated customers in the United VerDate Mar<15>2010 17:15 Jun 14, 2010 Jkt 220001 States, and because CEP methodology was not otherwise indicated. We based EP on the packed, delivered duty paid, cost and freight (C&F) or free on board (FOB) prices to unaffiliated customers in the United States. Amtex reported no price or billing adjustments, and no discounts. We made deductions for movement expenses in accordance with section 772(c)(2)(A) of the Tariff Act, which included, where appropriate, foreign inland freight from the mill to the U.S. border, inland freight from the border to the customer or warehouse, and U.S. brokerage and handling. We made adjustment for direct expenses (credit expenses) in accordance with section 772(c)(2)(A) of the Tariff Act. Constructed Export Price (CEP) In accordance with section 772(b) of the Tariff Act, CEP is ‘‘the price at which the subject merchandise is first sold (or agreed to be sold) in the United States before or after the date of importation by or for the account of the producer or exporter of such merchandise, or by a seller affiliated with the producer or exporter, to a purchaser not affiliated with the producer or exporter,’’ as adjusted under sections 772(c) and (d) of the Tariff Act. In accordance with section 772(b) of the Tariff Act, we used CEP for a number of Amtex’s U.S. sales because Amtex sold merchandise to its affiliate in the United States, Amtex Chemicals LLC (Amtex Chemicals or ACUS), which, in turn, sold subject merchandise to unaffiliated U.S. customers. See, e.g., Amtex’s Section A Response at A2, A11–A12, and Exhibit A–4. We preliminarily find these U.S. sales are properly classified as CEP sales because they occurred in the United States and were made through Amtex’s U.S. affiliate, Amtex Chemicals, to unaffiliated U.S. customers. We based CEP on the packed, delivered duty paid or FOB warehouse prices to unaffiliated purchasers in the United States. Amtex reported no price or billing adjustments, and no discounts or rebates. We made deductions for movement expenses in accordance with section 772(c)(2)(A) of the Tariff Act, which included, where appropriate, foreign inland freight to the border, foreign brokerage and handling, customs duties, U.S. brokerage, U.S. inland freight, and U.S. warehousing expenses. In accordance with section 772(d)(1) of the Tariff Act, we deducted those selling expenses associated with economic activities occurring in the United States, including direct selling expenses (credit costs), inventory carrying costs, and indirect selling expenses. We made an adjustment for CEP profit as set forth in PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 the Analysis Memorandum. See Analysis Memorandum at 11. Normal Value A. Selection of Comparison Market In order to determine whether there was a sufficient volume of sales in the home market to serve as a viable basis for calculating NV, we compared the respondent’s volume of home market sales of the foreign like product to the volume of U.S. sales of the subject merchandise, in accordance with section 773(a) of the Tariff Act. Because Amtex’s aggregate volume of home market sales of the foreign like product was greater than five percent of its aggregate volume of U.S. sales of the subject merchandise, we determined the home market was viable. See section 773(a)(1)(B) of the Tariff Act. Therefore, we based NV on home market sales in the usual commercial quantities and in the ordinary course of trade. B. Price-to-Price Comparisons We calculated NV based on prices to unaffiliated customers. Amtex reported no billing adjustments, discounts or rebates in the home market. We made deductions for movement expenses including, where appropriate, foreign inland freight and insurance, pursuant to section 773(a)(6)(B) of the Tariff Act. In addition, when comparing sales of similar merchandise, we made adjustments for differences in cost attributable to differences in physical characteristics of the merchandise (i.e., DIFMER) pursuant to section 773(a)(6)(C)(ii) of the Tariff Act and 19 CFR 351.411. We also made adjustments for differences in circumstances of sale (COS) in accordance with section 773(a)(6)(C)(iii) of the Tariff Act and 19 CFR 351.410. We made COS adjustments for imputed credit expenses. Finally, we deducted home market packing costs and added U.S. packing costs in accordance with sections 773(a)(6)(A) and (B) of the Tariff Act. C. Constructed Value (CV) In accordance with section 773(a)(4) of the Tariff Act, we base NV on CV if we are unable to find a contemporaneous comparison market match of identical or similar merchandise for the U.S. sale. Section 773(e) of the Act provides that CV shall be based on the sum of the cost of materials and fabrication employed in making the subject merchandise, selling, general and administrative (SG&A) expenses, financial expenses, profit, and U.S. packing costs. We found contemporaneous market matches for all E:\FR\FM\15JNN1.SGM 15JNN1 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES the U.S. sales. Therefore, for these preliminary results, it was not necessary to base NV on CV. For a more detailed explanation of our CV analysis, which relies upon business proprietary information, please see Analysis Memorandum at 10–13. Level of Trade In accordance with section 773(a)(1)(B)(i) of the Tariff Act, to the extent practicable, we base NV on sales made in the comparison market at the same level of trade (LOT) as the export transaction. The NV LOT is based on the starting price of sales in the home market or, when NV is based on CV, on the LOT of the sales from which SG&A expenses and profit are derived. With respect to CEP transactions in the U.S. market, the CEP LOT is defined as the level of the constructed sale from the exporter to the importer. See section 19 CFR 351.412(c)(1)(ii). To determine whether NV sales are at a different LOT than CEP sales, we examine stages in the marketing process and selling functions along the chain of distribution between the producer and the customer. See 19 CFR 351.412(c)(2). If the comparison-market sales are at a different LOT, and the difference affects price comparability, as manifested in a pattern of consistent price differences between the sales on which NV is based and comparison-market sales at the LOT of the export transaction, we make a LOT adjustment under section 773(a)(7)(A) of the Tariff Act. For CEP sales, if the NV level is more remote from the factory than the CEP level and there is no basis for determining whether the difference in the levels between NV and CEP affects price comparability, we adjust NV under section 773(a)(7)(B) of the Tariff Act (the CEP offset provision). See, e.g., Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products from Brazil; Preliminary Results of Antidumping Duty Administrative Review, 70 FR 17406, 17410 (April 6, 2005), results unchanged in Notice of Final Results of Antidumping Duty Administrative Review: Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products from Brazil, 70 FR 58683 (October 7, 2005); see also Final Determination of Sales at Less Than Fair Value: Greenhouse Tomatoes From Canada, 67 FR 8781 (February 26, 2002) and accompanying Issues and Decisions Memorandum at Comment 8. For CEP sales, we consider only the selling activities reflected in the price after the deduction of expenses and CEP profit under section 772(d)(3) of the Tariff Act. See Micron Technology, Inc. v. United States, 243 F.3d 1301, 1314–15 (Fed. Cir. 2001). We VerDate Mar<15>2010 17:15 Jun 14, 2010 Jkt 220001 expect that if the claimed LOTs are the same, the functions and activities of the seller should be similar. Conversely, if a party claims that the LOTs are different for different groups of sales, the functions and activities of the seller should be dissimilar. See Porcelain-onSteel Cookware from Mexico: Final Results of Antidumping Duty Administrative Review, 65 FR 30068 (May 10, 2000) and accompanying Issues and Decisions Memorandum at Comment 6. Amtex reported it sold CMC to endusers and distributors in the home market and to end-users and distributors in the United States. For the home market, Amtex identified two channels of distribution: end users (channel 1) and distributors (channel 2). See Amtex’s Section A Response at A13. Amtex claimed a single level of trade in the home market, stating that it performs essentially the same selling functions to either category of customer. See Amtex’s Section A Response at A17–A18. We obtained information from Amtex regarding the marketing stages involved in making its reported home market and U.S. sales. Amtex provided a table listing all selling activities it performs, and comparing the levels of trade among each channel of distribution in each market. See Amtex’s Section A Response at Exhibit A–7. We reviewed Amtex’s claims concerning the intensity to which all selling functions were performed for each home market channel of distribution and customer category. For virtually all selling functions, the selling activities of Amtex were identical in both channels, including sales forecasting, personnel training, sales promotion, direct sales personnel, technical assistance, warranty service, after-sales service and arranging delivery. Id. Amtex described the level of activity as independent of channel of distribution. See Amtex’s Section A Response at A16. While we find some differences in the selling functions performed between the home market end-user and distributor channels of distribution, such differences are minor in that they are not the principal selling functions but rather specific to a few customers and rarely performed. See Amtex’s Section A Response at Exhibit A–7. Based on our analysis of all of Amtex’s home market selling functions, we agree with Amtex’s characterization of all its home market sales as being made at the same level of trade, the NV LOT. In the U.S. market, Amtex reported a single level of trade for both EP and CEP sales through two channels of distribution (i.e., end-users and PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 33777 distributors). See Amtex Section C Response at C16. We examined the record with respect to Amtex’s EP sales and find that for all EP sales, Amtex performed such selling functions as sales forecasting, sales promotion, direct sales personnel, technical assistance, warranties, after-sales services and arranging delivery. See Amtex’s Section A Response at Exhibit A–7. In terms of the number and intensity of selling functions performed on EP sales, these were indistinguishable between sales from Amtex to end users and to distributors. Id. Accordingly, we agree with Amtex and preliminarily determine that all EP sales were made at the same LOT. We compared Amtex’s EP level of trade to the single NV level of trade found in the home market. However, while we find differences in the levels of intensity performed for some of these functions between the home market NV level of trade and the EP level of trade, such differences are minor (specific to a few customers and rarely performed) and do not establish distinct levels of trade between the home market and the U.S. market. Based on our analysis of all of Amtex’s home market and EP selling functions, we find these sales were made at the same level of trade. For CEP sales, Amtex claims that the number and intensity of selling functions performed by Amtex in making its sales to Amtex Chemicals are lower than the number and intensity of selling functions Amtex performed for its EP sales, and further claims that CEP sales are at a less advanced stage than home market sales. See Amtex’s Section A Response at A17 and Exhibit A–7. Amtex specifically states that Amtex ‘‘made no sales in the home market or other markets at the same level of trade as its CEP sales for the U.S.’’ See Amtex’s Section A Response at A17. However, we find that the CEP LOT is more advanced than the NV LOT. Amtex’s Section C Response indicates that Amtex’s CEP sales are at a more advanced marketing stage than are its home market sales. See Amtex Sections B and C Response at C49–50 and Exhibit B12.1. Amtex reports that many of the principal functions in both markets are carried out by a single employee in the Mexico office. Based on the allocation of that employee’s time between CEP sales and other sales, it is evident that the intensity of activity for the principal functions is greater for CEP sales than other sales. Id.; see also Exhibit A–1. Accordingly, we preliminarily determine that the CEP LOT (that is, sales from Amtex to its U.S. affiliate) involves a much more advanced stage of E:\FR\FM\15JNN1.SGM 15JNN1 33778 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Notices distribution than the NV LOT. See Analysis Memorandum at 4–7. Because we found the home market and U.S. CEP sales were made at different LOTs, we examined whether a LOT adjustment or a CEP offset may be appropriate in this review. As we found only one LOT in the home market, it was not possible to make a LOT adjustment to home market sales prices, because such an adjustment is dependent on our ability to identify a pattern of consistent price differences between the home market sales on which NV is based and home market sales at the CEP LOT. See 19 CFR 351.412(d)(1)(ii). Furthermore, because the CEP LOT involves a much more advanced stage of distribution than the NV LOT, it is not possible to make a CEP offset to NV in accordance with section 773(a)(7)(B) of the Tariff Act. Currency Conversions Amtex reported certain home market and U.S. sales prices and adjustments in both U.S. dollars and Mexican pesos. Therefore, we made peso-U.S. dollar currency conversions, where appropriate, based on the exchange rates in effect on the date of the sale, as certified by the Federal Reserve Board, in accordance with section 773A(a) of the Tariff Act. Preliminary Results of Review As a result of our review, we preliminarily find the following weighted-average dumping margin exists for the period July 1, 2008 through June 30, 2009: Weighted-average margin (percentage) Quimica Amtex, S.A. de C.V ............................ mstockstill on DSKH9S0YB1PROD with NOTICES Producer/exporter 1.42 The Department will disclose calculations performed within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). An interested party may request a hearing within thirty days of publication. See 19 CFR 351.310(c). Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. At the hearing, each party may make an affirmative presentation only on issues raised in that party’s case brief, and may make rebuttal presentations only on arguments included in that party’s rebuttal brief. Any hearing, if requested, will be held 37 days after the date of publication, or the first business day thereafter, unless the Department alters the date pursuant to 19 CFR 351.310(d). VerDate Mar<15>2010 17:15 Jun 14, 2010 Jkt 220001 Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review. See 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than 35 days after the date of publication of this notice. See 19 CFR 351.309(d)(1). Parties who submit arguments in these proceedings are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Further, parties submitting written comments must provide the Department with an additional copy of the public version of any such comments on diskette. The Department will issue final results of this administrative review, including the results of our analysis of the issues in any such written comments or at a hearing, within 120 days of publication of these preliminary results. The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Upon completion of this administrative review, pursuant to 19 CFR 351.212(b), the Department will calculate an assessment rate on all appropriate entries. Amtex 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 will calculate 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 if these preliminary results are adopted in the final results of review. Where the assessment rate is above de minimis, we will instruct CBP to assess duties on all entries of subject merchandise by that importer. In accordance with 19 CFR 356.8(a), the Department intends to issue appropriate assessment instructions directly to CBP on or after 41 days following the publication of the final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the POR produced by the company included in these preliminary results that the company did not know were destined for the United States. In such instances we will instruct CBP to liquidate PO 00000 Frm 00020 Fmt 4703 Sfmt 9990 unreviewed entries at the ‘‘all others’’ rate if there is no rate for the intermediate company or companies involved in the transaction. Cash Deposit Requirements Furthermore, the following cash deposit requirements will be effective for all shipments of CMC from Mexico entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for Amtex will be the rate established in the final results of review, unless that rate is less than 0.50 percent (de minimis within the meaning of 19 CFR 351.106(c)(1)), in which case the cash deposit rate will be zero; (2) if the exporter is not a firm covered in this review or the less-thanfair-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 (3) 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 12.61 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). This notice also serves as a preliminary 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 duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act and 19 CFR 351.221(b)(4). Dated: June 8, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–14386 Filed 6–14–10; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Notices]
[Pages 33775-33778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14386]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-834]


Purified Carboxymethylcellulose From Mexico: Notice of 
Preliminary Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to a request from Quimica Amtex S.A. de C.V. 
(Amtex), the Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on purified 
carboxymethylcellulose (CMC) from Mexico. The review covers exports of 
the subject merchandise to the United States produced and exported by 
Amtex; the period of review (POR) is July 1, 2008, through June 30, 
2009.
    We preliminarily find that Amtex has made sales at less than normal 
value (NV) during the POR. If these preliminary results are adopted in 
our final results of this review, we will instruct U.S. Customs and 
Border Protection (CBP) to assess antidumping duties based on 
differences between the export price (EP) or constructed export price 
(CEP) and NV.
    Interested parties are invited to comment on these preliminary 
results. Parties who submit arguments in this proceeding are requested 
to submit with the arguments: (1) A statement of the issues, (2) a 
brief summary of the arguments, and (3) a table of authorities.

DATES: Effective Date: June 15, 2010.

FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on CMC from 
Mexico on July 11, 2005. See Notice of Antidumping Duty Orders: 
Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands, 
and Sweden, 70 FR 39734 (July 11, 2005). On July 1, 2009, the 
Department published the notice of opportunity to request an 
administrative review of CMC from Mexico for the period of July 1, 
2008, through June 30, 2009. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 74 FR 31406 (July 1, 2009). On July 22, 2009, 
respondent Amtex requested an administrative review. On August 25, 
2009, the Department published in the Federal Register a notice of 
initiation of this antidumping duty administrative review. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 74 FR 42873 (August 25, 
2009).
    On September 3, 2009, the Department issued its standard 
antidumping duty questionnaire to Amtex. Amtex submitted its response 
to section A of the Department's questionnaire on October 9, 2009 
(Amtex Section A Response). Amtex submitted its response to sections B 
and C of the Department's questionnaire on October 29, 2009 (Amtex 
Sections B and C Response).

Period of Review

    The POR is July 1, 2008, through June 30, 2009.

Scope of the Order

    The merchandise covered by this order is all purified 
carboxymethylcellulose (CMC), sometimes also referred to as purified 
sodium CMC, polyanionic cellulose, or cellulose gum, which is a white 
to off-white, non-toxic, odorless, biodegradable powder, comprising 
sodium CMC that has been refined and purified to a minimum assay of 90 
percent. Purified CMC does not include unpurified or crude CMC, CMC 
Fluidized Polymer Suspensions, and CMC that is cross-linked through 
heat treatment. Purified CMC is CMC that has undergone one or more 
purification operations which, at a minimum, reduce the remaining salt 
and other by-product portion of the product to less than ten percent. 
The merchandise subject to this order is 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.

Date of Sale

    The Department's regulations state that it will normally use the 
date of invoice, as recorded in the exporter's or producer's records 
kept in the ordinary course of business, as the date of sale. See 19 
CFR 351.401(i). However, if the Department is satisfied that ``a 
different date * * * better reflects the date on which the exporter or 
producer establishes the material terms of sale,'' the Department may 
choose a different date. Id. Amtex has reported the definitive invoice 
(as differentiated from pro forma invoice) as the invoice date. See 
Amtex Section A Response at A20-A21.
    With regard to the invoice date, Amtex bills some of its sales via 
``delayed invoices'' in both the home and U.S. markets. Id. In these 
instances, delivery is made to the customer and a pro forma invoice is 
issued, but the subject merchandise remains in storage and continues to 
be the property of Amtex until withdrawn for consumption by the 
customer (usually at the end of a regular, monthly billing cycle), at 
which time a definitive invoice is issued. Id. In Amtex's normal books 
and records, it is this definitive invoice date (not the pro forma 
invoice date) that is recorded as the date of sale. Id. Therefore, the 
Department preliminarily determines that the definitive invoice date is 
the date of sale provided that the definite invoice is issued on or 
before the shipment date; and that the shipment date is the date of 
sale where the invoice is issued after the shipment date. See Purified 
Carboxymethylcellulose from Mexico: Preliminary Results Analysis 
Memorandum for Quimica Amtex, S.A. de C.V., dated June 8, 2010 
(Analysis Memorandum), for further discussion of date of sale. A public 
version of this memorandum is on file in the Department's Central 
Records Unit (CRU) located in Room 1117 of the main Department of 
Commerce Building, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

[[Page 33776]]

Fair Value Comparisons

    To determine whether sales of CMC in the United States were made at 
less than NV, we compared U.S. price to NV, as described in the 
``Export Price,'' ``Constructed Export Price,'' and ``Normal Value'' 
sections of this notice. In accordance with section 777A(d)(2) of the 
Tariff Act of 1930, as amended (the Tariff Act), we calculated monthly 
weighted-average NVs and compared these to individual U.S. 
transactions. Because we determined Amtex made both EP and CEP sales 
during the POR, we used both EP and CEP as the basis for U.S. price in 
our comparisons.

Product Comparisons

    In accordance with section 771(16) of the Tariff Act, we considered 
all products produced by Amtex covered by the description in the 
``Scope of the Order'' section, above, and sold in the home market 
during the POR, to be foreign like products for purposes of determining 
appropriate product comparisons to U.S. sales. We relied on five 
characteristics to match U.S. sales of subject merchandise to 
comparison sales of the foreign like product (listed in order of 
priority): (1) Grade; (2) viscosity; (3) degree of substitution; (4) 
particle size; and (5) solution gel characteristics. Where there were 
no sales of identical merchandise in the home market to compare to U.S. 
sales, we compared U.S. sales to the next most similar foreign like 
product on the basis of these product characteristics and the reporting 
instructions listed in the Department's September 3, 2009, 
questionnaire. Because there were contemporaneous sales of identical or 
similar merchandise in the home market suitable for comparison to all 
U.S. sales, we did not compare any U.S. sales to constructed value 
(CV). See the CV section below.

Export Price (EP)

    Section 772(a) of the Tariff Act defines EP as ``the price at which 
the subject merchandise is first sold (or agreed to be sold) before the 
date of importation by the producer or exporter of subject merchandise 
outside of the United States to an unaffiliated purchaser in the United 
States or to an unaffiliated purchaser for exportation to the United 
States,'' as adjusted under section 772(c) of the Tariff Act. In 
accordance with section 772(a) of the Tariff Act, we used EP for a 
number of Amtex's U.S. sales because these sales were made before the 
date of importation and were sales directly to unaffiliated customers 
in the United States, and because CEP methodology was not otherwise 
indicated.
    We based EP on the packed, delivered duty paid, cost and freight 
(C&F) or free on board (FOB) prices to unaffiliated customers in the 
United States. Amtex reported no price or billing adjustments, and no 
discounts. We made deductions for movement expenses in accordance with 
section 772(c)(2)(A) of the Tariff Act, which included, where 
appropriate, foreign inland freight from the mill to the U.S. border, 
inland freight from the border to the customer or warehouse, and U.S. 
brokerage and handling. We made adjustment for direct expenses (credit 
expenses) in accordance with section 772(c)(2)(A) of the Tariff Act.

Constructed Export Price (CEP)

    In accordance with section 772(b) of the Tariff Act, CEP is ``the 
price at which the subject merchandise is first sold (or agreed to be 
sold) in the United States before or after the date of importation by 
or for the account of the producer or exporter of such merchandise, or 
by a seller affiliated with the producer or exporter, to a purchaser 
not affiliated with the producer or exporter,'' as adjusted under 
sections 772(c) and (d) of the Tariff Act. In accordance with section 
772(b) of the Tariff Act, we used CEP for a number of Amtex's U.S. 
sales because Amtex sold merchandise to its affiliate in the United 
States, Amtex Chemicals LLC (Amtex Chemicals or ACUS), which, in turn, 
sold subject merchandise to unaffiliated U.S. customers. See, e.g., 
Amtex's Section A Response at A2, A11-A12, and Exhibit A-4. We 
preliminarily find these U.S. sales are properly classified as CEP 
sales because they occurred in the United States and were made through 
Amtex's U.S. affiliate, Amtex Chemicals, to unaffiliated U.S. 
customers.
    We based CEP on the packed, delivered duty paid or FOB warehouse 
prices to unaffiliated purchasers in the United States. Amtex reported 
no price or billing adjustments, and no discounts or rebates. We made 
deductions for movement expenses in accordance with section 
772(c)(2)(A) of the Tariff Act, which included, where appropriate, 
foreign inland freight to the border, foreign brokerage and handling, 
customs duties, U.S. brokerage, U.S. inland freight, and U.S. 
warehousing expenses. In accordance with section 772(d)(1) of the 
Tariff Act, we deducted those selling expenses associated with economic 
activities occurring in the United States, including direct selling 
expenses (credit costs), inventory carrying costs, and indirect selling 
expenses. We made an adjustment for CEP profit as set forth in the 
Analysis Memorandum. See Analysis Memorandum at 11.

Normal Value

A. Selection of Comparison Market

    In order to determine whether there was a sufficient volume of 
sales in the home market to serve as a viable basis for calculating NV, 
we compared the respondent's volume of home market sales of the foreign 
like product to the volume of U.S. sales of the subject merchandise, in 
accordance with section 773(a) of the Tariff Act. Because Amtex's 
aggregate volume of home market sales of the foreign like product was 
greater than five percent of its aggregate volume of U.S. sales of the 
subject merchandise, we determined the home market was viable. See 
section 773(a)(1)(B) of the Tariff Act. Therefore, we based NV on home 
market sales in the usual commercial quantities and in the ordinary 
course of trade.

B. Price-to-Price Comparisons

    We calculated NV based on prices to unaffiliated customers. Amtex 
reported no billing adjustments, discounts or rebates in the home 
market. We made deductions for movement expenses including, where 
appropriate, foreign inland freight and insurance, pursuant to section 
773(a)(6)(B) of the Tariff Act. In addition, when comparing sales of 
similar merchandise, we made adjustments for differences in cost 
attributable to differences in physical characteristics of the 
merchandise (i.e., DIFMER) pursuant to section 773(a)(6)(C)(ii) of the 
Tariff Act and 19 CFR 351.411. We also made adjustments for differences 
in circumstances of sale (COS) in accordance with section 
773(a)(6)(C)(iii) of the Tariff Act and 19 CFR 351.410. We made COS 
adjustments for imputed credit expenses. Finally, we deducted home 
market packing costs and added U.S. packing costs in accordance with 
sections 773(a)(6)(A) and (B) of the Tariff Act.

C. Constructed Value (CV)

    In accordance with section 773(a)(4) of the Tariff Act, we base NV 
on CV if we are unable to find a contemporaneous comparison market 
match of identical or similar merchandise for the U.S. sale. Section 
773(e) of the Act provides that CV shall be based on the sum of the 
cost of materials and fabrication employed in making the subject 
merchandise, selling, general and administrative (SG&A) expenses, 
financial expenses, profit, and U.S. packing costs. We found 
contemporaneous market matches for all

[[Page 33777]]

the U.S. sales. Therefore, for these preliminary results, it was not 
necessary to base NV on CV. For a more detailed explanation of our CV 
analysis, which relies upon business proprietary information, please 
see Analysis Memorandum at 10-13.

Level of Trade

    In accordance with section 773(a)(1)(B)(i) of the Tariff Act, to 
the extent practicable, we base NV on sales made in the comparison 
market at the same level of trade (LOT) as the export transaction. The 
NV LOT is based on the starting price of sales in the home market or, 
when NV is based on CV, on the LOT of the sales from which SG&A 
expenses and profit are derived. With respect to CEP transactions in 
the U.S. market, the CEP LOT is defined as the level of the constructed 
sale from the exporter to the importer. See section 19 CFR 
351.412(c)(1)(ii).
    To determine whether NV sales are at a different LOT than CEP 
sales, we examine stages in the marketing process and selling functions 
along the chain of distribution between the producer and the customer. 
See 19 CFR 351.412(c)(2). If the comparison-market sales are at a 
different LOT, and the difference affects price comparability, as 
manifested in a pattern of consistent price differences between the 
sales on which NV is based and comparison-market sales at the LOT of 
the export transaction, we make a LOT adjustment under section 
773(a)(7)(A) of the Tariff Act. For CEP sales, if the NV level is more 
remote from the factory than the CEP level and there is no basis for 
determining whether the difference in the levels between NV and CEP 
affects price comparability, we adjust NV under section 773(a)(7)(B) of 
the Tariff Act (the CEP offset provision). See, e.g., Certain Hot-
Rolled Flat-Rolled Carbon Quality Steel Products from Brazil; 
Preliminary Results of Antidumping Duty Administrative Review, 70 FR 
17406, 17410 (April 6, 2005), results unchanged in Notice of Final 
Results of Antidumping Duty Administrative Review: Certain Hot-Rolled 
Flat-Rolled Carbon Quality Steel Products from Brazil, 70 FR 58683 
(October 7, 2005); see also Final Determination of Sales at Less Than 
Fair Value: Greenhouse Tomatoes From Canada, 67 FR 8781 (February 26, 
2002) and accompanying Issues and Decisions Memorandum at Comment 8. 
For CEP sales, we consider only the selling activities reflected in the 
price after the deduction of expenses and CEP profit under section 
772(d)(3) of the Tariff Act. See Micron Technology, Inc. v. United 
States, 243 F.3d 1301, 1314-15 (Fed. Cir. 2001). We expect that if the 
claimed LOTs are the same, the functions and activities of the seller 
should be similar. Conversely, if a party claims that the LOTs are 
different for different groups of sales, the functions and activities 
of the seller should be dissimilar. See Porcelain-on-Steel Cookware 
from Mexico: Final Results of Antidumping Duty Administrative Review, 
65 FR 30068 (May 10, 2000) and accompanying Issues and Decisions 
Memorandum at Comment 6.
    Amtex reported it sold CMC to end-users and distributors in the 
home market and to end-users and distributors in the United States. For 
the home market, Amtex identified two channels of distribution: end 
users (channel 1) and distributors (channel 2). See Amtex's Section A 
Response at A13. Amtex claimed a single level of trade in the home 
market, stating that it performs essentially the same selling functions 
to either category of customer. See Amtex's Section A Response at A17-
A18.
    We obtained information from Amtex regarding the marketing stages 
involved in making its reported home market and U.S. sales. Amtex 
provided a table listing all selling activities it performs, and 
comparing the levels of trade among each channel of distribution in 
each market. See Amtex's Section A Response at Exhibit A-7. We reviewed 
Amtex's claims concerning the intensity to which all selling functions 
were performed for each home market channel of distribution and 
customer category. For virtually all selling functions, the selling 
activities of Amtex were identical in both channels, including sales 
forecasting, personnel training, sales promotion, direct sales 
personnel, technical assistance, warranty service, after-sales service 
and arranging delivery. Id. Amtex described the level of activity as 
independent of channel of distribution. See Amtex's Section A Response 
at A16.
    While we find some differences in the selling functions performed 
between the home market end-user and distributor channels of 
distribution, such differences are minor in that they are not the 
principal selling functions but rather specific to a few customers and 
rarely performed. See Amtex's Section A Response at Exhibit A-7. Based 
on our analysis of all of Amtex's home market selling functions, we 
agree with Amtex's characterization of all its home market sales as 
being made at the same level of trade, the NV LOT.
    In the U.S. market, Amtex reported a single level of trade for both 
EP and CEP sales through two channels of distribution (i.e., end-users 
and distributors). See Amtex Section C Response at C16. We examined the 
record with respect to Amtex's EP sales and find that for all EP sales, 
Amtex performed such selling functions as sales forecasting, sales 
promotion, direct sales personnel, technical assistance, warranties, 
after-sales services and arranging delivery. See Amtex's Section A 
Response at Exhibit A-7. In terms of the number and intensity of 
selling functions performed on EP sales, these were indistinguishable 
between sales from Amtex to end users and to distributors. Id. 
Accordingly, we agree with Amtex and preliminarily determine that all 
EP sales were made at the same LOT.
    We compared Amtex's EP level of trade to the single NV level of 
trade found in the home market. However, while we find differences in 
the levels of intensity performed for some of these functions between 
the home market NV level of trade and the EP level of trade, such 
differences are minor (specific to a few customers and rarely 
performed) and do not establish distinct levels of trade between the 
home market and the U.S. market. Based on our analysis of all of 
Amtex's home market and EP selling functions, we find these sales were 
made at the same level of trade.
    For CEP sales, Amtex claims that the number and intensity of 
selling functions performed by Amtex in making its sales to Amtex 
Chemicals are lower than the number and intensity of selling functions 
Amtex performed for its EP sales, and further claims that CEP sales are 
at a less advanced stage than home market sales. See Amtex's Section A 
Response at A17 and Exhibit A-7. Amtex specifically states that Amtex 
``made no sales in the home market or other markets at the same level 
of trade as its CEP sales for the U.S.'' See Amtex's Section A Response 
at A17. However, we find that the CEP LOT is more advanced than the NV 
LOT. Amtex's Section C Response indicates that Amtex's CEP sales are at 
a more advanced marketing stage than are its home market sales. See 
Amtex Sections B and C Response at C49-50 and Exhibit B12.1. Amtex 
reports that many of the principal functions in both markets are 
carried out by a single employee in the Mexico office. Based on the 
allocation of that employee's time between CEP sales and other sales, 
it is evident that the intensity of activity for the principal 
functions is greater for CEP sales than other sales. Id.; see also 
Exhibit A-1. Accordingly, we preliminarily determine that the CEP LOT 
(that is, sales from Amtex to its U.S. affiliate) involves a much more 
advanced stage of

[[Page 33778]]

distribution than the NV LOT. See Analysis Memorandum at 4-7.
    Because we found the home market and U.S. CEP sales were made at 
different LOTs, we examined whether a LOT adjustment or a CEP offset 
may be appropriate in this review. As we found only one LOT in the home 
market, it was not possible to make a LOT adjustment to home market 
sales prices, because such an adjustment is dependent on our ability to 
identify a pattern of consistent price differences between the home 
market sales on which NV is based and home market sales at the CEP LOT. 
See 19 CFR 351.412(d)(1)(ii). Furthermore, because the CEP LOT involves 
a much more advanced stage of distribution than the NV LOT, it is not 
possible to make a CEP offset to NV in accordance with section 
773(a)(7)(B) of the Tariff Act.

Currency Conversions

    Amtex reported certain home market and U.S. sales prices and 
adjustments in both U.S. dollars and Mexican pesos. Therefore, we made 
peso-U.S. dollar currency conversions, where appropriate, based on the 
exchange rates in effect on the date of the sale, as certified by the 
Federal Reserve Board, in accordance with section 773A(a) of the Tariff 
Act.

Preliminary Results of Review

    As a result of our review, we preliminarily find the following 
weighted-average dumping margin exists for the period July 1, 2008 
through June 30, 2009:

------------------------------------------------------------------------
                                                       Weighted-average
                 Producer/exporter                          margin
                                                         (percentage)
------------------------------------------------------------------------
Quimica Amtex, S.A. de C.V.........................                1.42
------------------------------------------------------------------------

    The Department will disclose calculations performed within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b). An interested party may request a hearing within thirty 
days of publication. See 19 CFR 351.310(c). Requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. At the hearing, 
each party may make an affirmative presentation only on issues raised 
in that party's case brief, and may make rebuttal presentations only on 
arguments included in that party's rebuttal brief. Any hearing, if 
requested, will be held 37 days after the date of publication, or the 
first business day thereafter, unless the Department alters the date 
pursuant to 19 CFR 351.310(d). Interested parties may submit case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review. See 19 CFR 351.309(c)(1)(ii). Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than 35 days after the date of publication of this notice. See 19 
CFR 351.309(d)(1). Parties who submit arguments in these proceedings 
are requested to submit with the argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Further, parties submitting written comments must provide 
the Department with an additional copy of the public version of any 
such comments on diskette. The Department will issue final results of 
this administrative review, including the results of our analysis of 
the issues in any such written comments or at a hearing, within 120 
days of publication of these preliminary results.
    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries. Upon completion of this 
administrative review, pursuant to 19 CFR 351.212(b), the Department 
will calculate an assessment rate on all appropriate entries. Amtex 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 will calculate 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 
if these preliminary results are adopted in the final results of 
review. Where the assessment rate is above de minimis, we will instruct 
CBP to assess duties on all entries of subject merchandise by that 
importer. In accordance with 19 CFR 356.8(a), the Department intends to 
issue appropriate assessment instructions directly to CBP on or after 
41 days following the publication of the final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by the company included in these preliminary results that 
the company did not know were 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 or 
companies involved in the transaction.

Cash Deposit Requirements

    Furthermore, the following cash deposit requirements will be 
effective for all shipments of CMC from Mexico entered, or withdrawn 
from warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Tariff Act: (1) The cash deposit rate for Amtex will 
be the rate established in the final results of review, unless that 
rate is less than 0.50 percent (de minimis within the meaning of 19 CFR 
351.106(c)(1)), in which case the cash deposit rate will be zero; (2) 
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 (3) 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 12.61 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).
    This notice also serves as a preliminary 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 duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act and 19 CFR 
351.221(b)(4).

    Dated: June 8, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-14386 Filed 6-14-10; 8:45 am]
BILLING CODE 3510-DS-P