Purified Carboxymethylcellulose From the Netherlands: Final Results of Antidumping Duty Administrative Review, 66687-66688 [2011-27870]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[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]]

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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]
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