Purified Carboxymethylcellulose From Finland; Notice of Final Results of Antidumping Duty Administrative Review, 73035-73036 [2010-29961]

Download as PDF Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices variable pressure capability, low kV and Schottky field emission source, secondary and backscatter detection, and a temperature control Peltier stage. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: October 27, 2010. Docket Number: 10–066. Applicant: Vanderbilt University, 2201 West End Avenue, Nashville, TN 37235. Instrument: Electron Microscope. Manufacturer: JEOL Limited, Japan. Intended Use: The instrument will be used to study cement-based composites, environmental materials, and geological samples for their microstructure, phase characteristics, and interfacial processes. This instrument can image and analyze samples that are completely wet while carrying the humidity and pressure in the specimen chamber. This instrument also offers a WetSTEM detector for imaging completely wet samples in both bright field (BF) and dark field (DF) modes without special sample handling/encapsulation. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: October 27, 2010. Dated: November 22, 2010. Gregory Campbell, Acting Director, IA Subsidies Enforcement Office. [FR Doc. 2010–29967 Filed 11–26–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–405–803] Purified Carboxymethylcellulose From Finland; Notice of Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 9, 2010, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on purified carboxymethylcellulose from Finland. See Purified Carboxymethylcellulose from Finland; Notice of Preliminary Results of Antidumping Duty Administrative Review, 75 FR 47788 (August 9, 2010) (Preliminary Results). mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:57 Nov 26, 2010 Jkt 223001 We gave interested parties an opportunity to comment on the Preliminary Results and received no comments. DATES: Effective Date: November 29, 2010. 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 or (202) 482– 0649, respectively SUPPLEMENTARY INFORMATION: Background On August 9, 2010, the Department published the preliminary results of administrative review of the antidumping duty order covering purified carboxymethylcellulose 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, the Department stated that interested parties may submit case briefs within 30 days of publication of the Preliminary Results and rebuttal briefs within five days after the due date for filing case briefs. See Preliminary Results at 47794. No interested party submitted a case or rebuttal brief. Accordingly, we made no changes for the final results. See Memorandum from Tyler Weinhold, to the File, ‘‘Analysis of Data Submitted by CP Kelco Oy and CP Kelco U.S. Inc. (collectively, CP Kelco) in the Preliminary Results of the 2008–2009 Administrative Review of Purified Carboxymethylcellulose (CMC) from Finland,’’ dated August 2, 2010; Memorandum from Tyler Weinhold, to the File, ‘‘Analysis of Data Submitted by CP Kelco Oy and CP Kelco U.S. Inc. (collectively, CP Kelco) in the 2008– 2009 Administrative Review of Purified Carboxymethylcellulose (CMC) from Finland,’’ and Memorandum from Sheikh M. Hannan, to the File, ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Preliminary Results—CP Kelco Oy.’’ Period of Review The period of review (POR) is July 1, 2008, through June 30, 2009. Scope of the Order The merchandise covered by this order is all purified carboxymethylcellulose (CMC), PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 73035 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 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. Final Results of Review The Department has determined that the following margin exists for the period July 1, 2008, through June 30, 2009: Manufacturer CP Kelco Oy ......................... Weightedaverage margin (percentage) 6.10 Assessment Rates Pursuant to these final results, the Department has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions for CP Kelco to CBP 15 days after the date of publication of these final results. Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific (or customer-specific) ad valorem duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined sales to the total entered value of those same sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific (or customer-specific) assessment rate calculated in the final results of this review are above de minimis. 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) (Assessment of Antidumping Duties). This clarification will apply to entries of subject E:\FR\FM\29NON1.SGM 29NON1 73036 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices merchandise during the POR produced by CP Kelco for which CP Kelco did not know the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the 6.65 percent allothers rate from the LTFV investigation if there is no company-specific rate for an intermediary involved in the transaction. See Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands and Sweden, 70 FR 39734 (July 11, 2005). See Assessment of Antidumping Duties for a full discussion of this clarification. mstockstill on DSKH9S0YB1PROD with NOTICES Cash Deposit Requirements Furthermore, the following cash deposit requirements will be effective upon publication of these final results for all shipments of purified carboxymethylcellulose from Finland 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 of 1930, as amended (the Act): (1) The cash deposit rate for CP Kelco will be the rate established in the final results of review; (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 from the LTFV investigation. Id. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties 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 POR. 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. 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 VerDate Mar<15>2010 17:57 Nov 26, 2010 Jkt 223001 with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: November 15, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–29961 Filed 11–26–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with October anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. DATES: Effective Date: November 29, 2010. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482–4697. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with October anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date. Notice of No Sales Under 19 CFR 351.213(d)(3), the Department may rescind a review where PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 there are no exports, sales, or entries of subject merchandise during the respective period of review (‘‘POR’’) listed below. If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the POR, it must notify the Department within 60 days of publication of this notice in the Federal Register. The Department will consider rescinding the review only if the producer or exporter, as appropriate, submits a properly filed and timely statement certifying that it had no exports, sales, or entries of subject merchandise during the period of review. All submissions must be made in accordance with 19 CFR 351.303 and are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (‘‘the Act’’). Six copies of the submission should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on every party on the Department’s service list. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports during the period of review (‘‘POR’’). We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties having an APO within seven days of publication of this initiation notice and to make our decision regarding respondent selection within 21 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the applicable review. Separate Rates In proceedings involving non-market economy (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73035-73036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29961]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-405-803]


Purified Carboxymethylcellulose From Finland; Notice of Final 
Results of Antidumping Duty Administrative Review

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

SUMMARY: On August 9, 2010, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on purified 
carboxymethylcellulose from Finland. See Purified 
Carboxymethylcellulose from Finland; Notice of Preliminary Results of 
Antidumping Duty Administrative Review, 75 FR 47788 (August 9, 2010) 
(Preliminary Results). We gave interested parties an opportunity to 
comment on the Preliminary Results and received no comments.

DATES: Effective Date: November 29, 2010.

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 or (202) 482-0649, respectively

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2010, the Department published the preliminary results 
of administrative review of the antidumping duty order covering 
purified carboxymethylcellulose 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, the Department stated that interested 
parties may submit case briefs within 30 days of publication of the 
Preliminary Results and rebuttal briefs within five days after the due 
date for filing case briefs. See Preliminary Results at 47794. No 
interested party submitted a case or rebuttal brief. Accordingly, we 
made no changes for the final results. See Memorandum from Tyler 
Weinhold, to the File, ``Analysis of Data Submitted by CP Kelco Oy and 
CP Kelco U.S. Inc. (collectively, CP Kelco) in the Preliminary Results 
of the 2008-2009 Administrative Review of Purified 
Carboxymethylcellulose (CMC) from Finland,'' dated August 2, 2010; 
Memorandum from Tyler Weinhold, to the File, ``Analysis of Data 
Submitted by CP Kelco Oy and CP Kelco U.S. Inc. (collectively, CP 
Kelco) in the 2008-2009 Administrative Review of Purified 
Carboxymethylcellulose (CMC) from Finland,'' and Memorandum from Sheikh 
M. Hannan, to the File, ``Cost of Production and Constructed Value 
Calculation Adjustments for the Preliminary Results--CP Kelco Oy.''

Period of Review

    The period of review (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.

Final Results of Review

    The Department has determined that the following margin exists for 
the period July 1, 2008, through June 30, 2009:

------------------------------------------------------------------------
                                                             Weighted-
                      Manufacturer                        average margin
                                                           (percentage)
------------------------------------------------------------------------
CP Kelco Oy.............................................            6.10
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department has determined, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. The Department intends to issue 
assessment instructions for CP Kelco to CBP 15 days after the date of 
publication of these final results. Pursuant to 19 CFR 351.212(b)(1), 
we calculated importer-specific (or customer-specific) ad valorem duty 
assessment rates based on the ratio of the total amount of the dumping 
margins calculated for the examined sales to the total entered value of 
those same sales. We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review if any importer-specific 
(or customer-specific) assessment rate calculated in the final results 
of this review are above de minimis.
    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) (Assessment 
of Antidumping Duties). This clarification will apply to entries of 
subject

[[Page 73036]]

merchandise during the POR produced by CP Kelco for which CP Kelco did 
not know the merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate un-reviewed entries at the 
6.65 percent all-others rate from the LTFV investigation if there is no 
company-specific rate for an intermediary involved in the transaction. 
See Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose 
from Finland, Mexico, the Netherlands and Sweden, 70 FR 39734 (July 11, 
2005). See Assessment of Antidumping Duties for a full discussion of 
this clarification.

Cash Deposit Requirements

    Furthermore, the following cash deposit requirements will be 
effective upon publication of these final results for all shipments of 
purified carboxymethylcellulose from Finland 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 of 1930, as amended (the Act): (1) The cash 
deposit rate for CP Kelco will be the rate established in the final 
results of review; (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 from the LTFV investigation. Id. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    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 POR. 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.

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), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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 which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: November 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29961 Filed 11-26-10; 8:45 am]
BILLING CODE 3510-DS-P
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