Purified Carboxymethylcellulose From the Netherlands: Final Results of Antidumping Duty Administrative Review, 66687-66688 [2011-27870]
Download as PDF
Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–811]
Purified Carboxymethylcellulose From
the Netherlands: Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 22, 2011, the
Department of Commerce (the
Department) published in the Federal
Register its preliminary results in the
antidumping duty administrative review
of purified carboxymethylcellulose
(CMC) from the Netherlands, covering
the period July 1, 2009, through June 30,
2010. See Purified
Carboxymethylcellulose from the
Netherlands; Preliminary Results of
Antidumping Duty Administrative
Review, 76 FR 36519 (June 22, 2011)
(Preliminary Results). The merchandise
covered by the order is purified CMC, as
described in the ‘‘Scope of the Order’’
section of this notice. The Department
gave interested parties an opportunity to
comment on the Preliminary Results.
We received comments from an
interested party on July 5, 2011, and, in
light of these comments, have made
changes to our margin calculations.
Thus, the final results differ from those
published in the Department’s
Preliminary Results. The final weightedaverage dumping margin for the
reviewed firm is listed below in the
section entitled ‘‘Final Results of the
Review.’’
DATES: Effective Date: October 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Dena Crossland, David Cordell, 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) 482–3362, (202) 482–
0408, or (202) 482–3019, respectively.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK7SPTVN1PROD with NOTICES
AGENCY:
Background
On June 22, 2011, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on purified
CMC from the Netherlands. See
Preliminary Results. The respondent
under review is Akzo Nobel Functional
Chemicals B.V. (ANFC). The petitioner
in this proceeding is Aqualon Company,
a unit of Hercules Inc. We invited
interested parties to comment on the
VerDate Mar<15>2010
14:47 Oct 26, 2011
Jkt 226001
Preliminary Results following the
publication of the preliminary results.
See Preliminary Results at 36524.
On July 5, 2011, petitioner submitted
a letter in lieu of a case brief. ANFC did
not file any comments on the
Preliminary Results and no party
requested a hearing concerning the
review.
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
currently 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.
Period of Review
The period of review (POR) is July 1,
2009, through June 30, 2010.
Analysis of Comments Received
All issues raised in petitioner’s letter
in lieu of a case brief are addressed in
the ‘‘Issues and Decision Memorandum
for the Final Results of the 2009/2010
Antidumping Duty Administrative
Review of Purified
Carboxymethylcellulose from the
Netherlands,’’ from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, dated October 20, 2011
(Issues and Decision Memorandum),
which is hereby adopted by this notice.
A list of the issues raised is attached to
this notice as Appendix I. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). Access to IA ACCESS is
available in the Central Records Unit
(CRU), room 7046 of the main
Department of Commerce building. In
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
66687
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received from petitioner, we
have made the following changes in
calculating ANFC’s dumping margin for
the final results: (1) We corrected the
margin program with respect to ANFC’s
U.S. packing expenses by converting the
Euro-denominated expenses into U.S.
dollars; and (2) we revised ANFC’s cost
of manufacturing by using the latest
major input information supplied by
respondent. See Issues and Decision
Memorandum at Comments 2 and 3. For
further details on how the changes were
applied in the margin calculation, see
Memorandum to the File, from David
Cordell and Dena Crossland,
International Trade Analysts, through
Angelica Mendoza, Program Manager,
entitled ‘‘Analysis of Data Submitted by
Akzo Nobel Functional Chemicals B.V.
(ANFC) in the Final Results of the 2009–
2010 Administrative Review of the
Antidumping Duty Order on Purified
Carboxymethylcellulose (CMC) from the
Netherlands,’’ dated October 20, 2011;
see also Memorandum to Neal M.
Halper from Christopher J. Zimpo,
‘‘Regarding the Antidumping Duty
Administrative Review of Purified
Carboxymethylcellulose (‘‘CMC’’) from
the Netherlands, Cost of Production and
Constructed Value Calculation
Adjustments for the Final Results—
Akzo Nobel Functional Chemicals
B.V.,’’ dated October 20, 2011.
Final Results of the Review
We determine the following
percentage weighted-average margin to
exist for the period July 1, 2009, through
June 30, 2010:
Manufacturer/exporter
Akzo Nobel Functional
Chemicals B.V. .............
Weighted-average margin
(percentage)
3.57
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
E:\FR\FM\27OCN1.SGM
27OCN1
66688
Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Notices
wreier-aviles on DSK7SPTVN1PROD with NOTICES
review. In this review, we have
calculated, whenever possible, an
importer-specific assessment rate or
value for merchandise subject to this
review as described below.
As noted in the Preliminary Results,
all of ANFC’s U.S. sales of CMC were
constructed-export-price sales (e.g.,
sales through ANFC’s U.S. affiliate to
the unaffiliated purchaser in the United
States). Accordingly, we divided the
total dumping margins for the reviewed
sales by the total entered value of those
reviewed sales for each importer. We
will direct CBP to assess the resulting
percentage margin against the entered
customs values for the subject
merchandise on each importer’s
respective POR entries. See 19 CFR
351.212(b).
The calculated ad valorem rates will
be assessed uniformly on all entries
made by the respective importers 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 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 allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
The Department intends to issue
assessment instructions directly to CBP
15 days after publication of these final
results of review.
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)(2)(C) of the Act: (1) The
cash-deposit rate for ANFC will be the
rate established in the final results of
this review; (2) for previously reviewed
or investigated companies not covered
in this review, 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 in the
less-than-fair-value (LTFV) investigation
VerDate Mar<15>2010
14:47 Oct 26, 2011
Jkt 226001
but the manufacturer is, the cashdeposit 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
investigation, the cash-deposit rate will
continue to be the all-others rate of
14.57 percent, which is the all-others
rate established by the Department in
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 cashdeposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’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 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
Comments in the Issues and Decision
Memorandum:
Comment 1: Calculation of the
General and Administrative
Expense Ratio
Comment 2: Calculation of Major
Input Adjustment
Comment 3: U.S. Packing Expense
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Clerical Error
[FR Doc. 2011–27870 Filed 10–26–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–850]
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe (Over 41⁄2 Inches) From
Japan: Final Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 7, 2011, the U.S.
Department of Commerce (‘‘the
Department’’) published its preliminary
results of the administrative review of
the antidumping duty order on certain
large diameter carbon and alloy
seamless standard, line, and pressure
pipe (over 4 1⁄2 inches) from Japan. The
review covers four manufacturers/
exporters: JFE Steel Corporation (‘‘JFE’’);
Nippon Steel Corporation (‘‘Nippon’’);
NKK Tubes (‘‘NKK’’); and Sumitomo
Metal Industries, Ltd. (‘‘SMI’’). The
period of review (‘‘POR’’) is June 1,
2009, through May 31, 2010. We
received no comments on our
preliminary results. Therefore, the final
results do not differ from the
preliminary results. We have reached a
final determination of no shipments by
the respondents in this administrative
review. We will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries.
DATES: Effective Date: October 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Joshua Morris, AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–1779.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 7, 2011, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on carbon and
alloy seamless standard, line, and
pressure pipe (over 41⁄2 inches) from
Japan for the period June 1, 2009,
through May 31, 2010. See Certain Large
Diameter Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe (Over
4 1⁄2 Inches) From Japan: Final Results
E:\FR\FM\27OCN1.SGM
27OCN1
Agencies
[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Notices]
[Pages 66687-66688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27870]
[[Page 66687]]
-----------------------------------------------------------------------
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 June 22, 2011, the Department of Commerce (the Department)
published in the Federal Register its preliminary results in the
antidumping duty administrative review of purified
carboxymethylcellulose (CMC) from the Netherlands, covering the period
July 1, 2009, through June 30, 2010. See Purified
Carboxymethylcellulose from the Netherlands; Preliminary Results of
Antidumping Duty Administrative Review, 76 FR 36519 (June 22, 2011)
(Preliminary Results). The merchandise covered by the order is purified
CMC, as described in the ``Scope of the Order'' section of this notice.
The Department gave interested parties an opportunity to comment on the
Preliminary Results. We received comments from an interested party on
July 5, 2011, and, in light of these comments, have made changes to our
margin calculations. Thus, 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.''
DATES: Effective Date: October 27, 2011.
FOR FURTHER INFORMATION CONTACT: Dena Crossland, David Cordell, 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) 482-3362, (202) 482-0408, or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 22, 2011, the Department published the preliminary results
of the administrative review of the antidumping duty order on purified
CMC from the Netherlands. See Preliminary Results. The respondent under
review is Akzo Nobel Functional Chemicals B.V. (ANFC). The petitioner
in this proceeding is Aqualon Company, a unit of Hercules Inc. We
invited interested parties to comment on the Preliminary Results
following the publication of the preliminary results. See Preliminary
Results at 36524.
On July 5, 2011, petitioner submitted a letter in lieu of a case
brief. ANFC did not file any comments on the Preliminary Results and no
party requested a hearing concerning the review.
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 currently 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.
Period of Review
The period of review (POR) is July 1, 2009, through June 30, 2010.
Analysis of Comments Received
All issues raised in petitioner's letter in lieu of a case brief
are addressed in the ``Issues and Decision Memorandum for the Final
Results of the 2009/2010 Antidumping Duty Administrative Review of
Purified Carboxymethylcellulose from the Netherlands,'' from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, dated October 20, 2011 (Issues and Decision
Memorandum), which is hereby adopted by this notice. A list of the
issues raised is attached to this notice as Appendix I. The Issues and
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS
is available in the Central Records Unit (CRU), room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at https://www.trade.gov/ia/. The signed Issues and Decision Memorandum
and the electronic versions of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received from petitioner, we
have made the following changes in calculating ANFC's dumping margin
for the final results: (1) We corrected the margin program with respect
to ANFC's U.S. packing expenses by converting the Euro-denominated
expenses into U.S. dollars; and (2) we revised ANFC's cost of
manufacturing by using the latest major input information supplied by
respondent. See Issues and Decision Memorandum at Comments 2 and 3. For
further details on how the changes were applied in the margin
calculation, see Memorandum to the File, from David Cordell and Dena
Crossland, International Trade Analysts, through Angelica Mendoza,
Program Manager, entitled ``Analysis of Data Submitted by Akzo Nobel
Functional Chemicals B.V. (ANFC) in the Final Results of the 2009-2010
Administrative Review of the Antidumping Duty Order on Purified
Carboxymethylcellulose (CMC) from the Netherlands,'' dated October 20,
2011; see also Memorandum to Neal M. Halper from Christopher J. Zimpo,
``Regarding the Antidumping Duty Administrative Review of Purified
Carboxymethylcellulose (``CMC'') from the Netherlands, Cost of
Production and Constructed Value Calculation Adjustments for the Final
Results--Akzo Nobel Functional Chemicals B.V.,'' dated October 20,
2011.
Final Results of the Review
We determine the following percentage weighted-average margin to
exist for the period July 1, 2009, through June 30, 2010:
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter margin
(percentage)
------------------------------------------------------------------------
Akzo Nobel Functional Chemicals B.V................... 3.57
------------------------------------------------------------------------
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
[[Page 66688]]
review. In this review, we have calculated, whenever possible, an
importer-specific assessment rate or value for merchandise subject to
this review as described below.
As noted in the Preliminary Results, all of ANFC's U.S. sales of
CMC were constructed-export-price sales (e.g., sales through ANFC's
U.S. affiliate to the unaffiliated purchaser in the United States).
Accordingly, we divided the total dumping margins for the reviewed
sales by the total entered value of those reviewed sales for each
importer. We will direct CBP to assess the resulting percentage margin
against the entered customs values for the subject merchandise on each
importer's respective POR entries. See 19 CFR 351.212(b).
The calculated ad valorem rates will be assessed uniformly on all
entries made by the respective importers 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 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).
The Department intends to issue assessment instructions directly to
CBP 15 days after publication of these final results of review.
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)(2)(C) of the Act: (1) The
cash-deposit rate for ANFC will be the rate established in the final
results of this review; (2) for previously reviewed or investigated
companies not covered in this review, 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 in the less-than-fair-value (LTFV) investigation but
the manufacturer is, the cash-deposit rate will be the rate established
for the most recent period for the manufacturer of the merchandise; and
(4) if neither the exporter nor the manufacturer is a firm covered in
this or any previous review or the investigation, the cash-deposit rate
will continue to be the all-others rate of 14.57 percent, which is the
all-others rate established by the Department in 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,
when imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department'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 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Comments in the Issues and Decision Memorandum:
Comment 1: Calculation of the General and Administrative Expense
Ratio
Comment 2: Calculation of Major Input Adjustment
Comment 3: U.S. Packing Expense Clerical Error
[FR Doc. 2011-27870 Filed 10-26-11; 8:45 am]
BILLING CODE 3510-DS-P