Purified Carboxymethylcellulose From Finland; Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 50028-50029 [2013-19730]

Download as PDF 50028 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–405–803] Purified Carboxymethylcellulose From Finland; Preliminary Results of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from Aqualon Company, a division of Hercules Inc., (Petitioner) and respondents CP Kelco Oy and CP Kelco U.S., Inc. (collectively, CP Kelco), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on purified carboxymethylcellulose (CMC) from Finland. The period of review (POR) is July 1, 2011, through June 30, 2012. We preliminarily find that CP Kelco made sales at prices below 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. We invite interested parties to comment on these preliminary results. DATES: Effective Date: August 16, 2013. 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: emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: Scope of the Order The merchandise covered by the 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. The merchandise subject to the order is classified in the Harmonized Tariff Schedule of the United States at subheading 3912.31.00. For a full description of the scope of the order, see the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant VerDate Mar<15>2010 19:06 Aug 15, 2013 Jkt 229001 Secretary for Import Administration, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Purified Carboxymethylcellulose from Finland’’ (Preliminary Decision Memorandum), which is dated concurrently with, and is hereby incorporated by reference.1 Methodology The Department has conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). EP is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. In accordance with section 773(b) of the Act, we disregarded certain of CP Kelco’s sales in the home market that were made at below-cost prices. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary 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). IA ACCESS is available to registered users at https:// iaaccess.trade.gov and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at https:// www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of the Review As a result of this review, we preliminarily determine the following dumping margin for the period July 1, 2011, through June 30, 2012. Exporter/manufacturer Margin (percent) CP Kelco Oy ............................. 3.40 Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice.2 Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs no later than 30 days after the date of publication of this notice. 1 A list of the topics discussed in the Preliminary Decision Memorandum appears in Appendix I of this notice. 2 See 19 CFR 351.224(b). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.3 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.4 Case and rebuttal briefs should be filed using IA Access.5 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, filed electronically via IA ACCESS. An electronically filed document must be received successfully in its entirety by the Departments electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.6 Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the date and time for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, within 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. If CP Kelco’s weighted-average dumping margin is not zero or de minimis in the final results of this review, we will calculate importerspecific assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for an importer’s examined sales and the total entered value of such sales in accordance with 19 CFR 351.212(b)(1). If CP Kelco’s weighted-average dumping margin is zero or de minimis in the final 3 See 19 CFR 351.309(d). 19 CFR 351.309(c)(2) and (d)(2). 5 See 19 CFR 351.303. 6 See 19 CFR 351.310(c). 4 See E:\FR\FM\16AUN1.SGM 16AUN1 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices Notification to Importers This notice also serves as a preliminary 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 double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Cash Deposit Requirements emcdonald on DSK67QTVN1PROD with NOTICES results of review, or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to dumping margins. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.7 This clarification will apply to entries of subject merchandise during the POR produced by CP Kelco for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Appendix I The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of CMC from Finland entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for CP Kelco Oy will be the rate established in the final results of this administrative review except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fairvalue 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; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.65 percent, the allothers rate established in the less-thanfair-value investigation.8 These cash deposit requirements, when imposed, shall remain in effect until further notice. List of Topics Discussed in the Preliminary Decision Memorandum Scope of the Order Methodology Fair Value Comparisons Product Comparisons Date of Sale U.S. Price Normal Value Currency Conversion Differential Pricing Analysis 7 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 See Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands and Sweden, 70 FR 39734 (July 11, 2005). VerDate Mar<15>2010 19:06 Aug 15, 2013 Jkt 229001 Dated: August 1, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–19730 Filed 8–15–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–841] Polyethylene Terephthalate Film, Sheet and Strip From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 16, 2013. SUMMARY: In response to requests from respondent Terphane Ltda. and from DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc. (collectively, Petitioners), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet and strip (PET film) from Brazil. The administrative review covers Terphane Ltda. and Terphane Inc. (collectively, Terphane) for the period of review (POR) November 1, 2011, through October 31, 2012. As we currently have no evidence of any AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 50029 reviewable entries, shipments or sales of subject PET film by Terphane during the POR, we are issuing a preliminary no shipment determination.1 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: Scope of the Order The products covered by this order are all gauges of raw, pre-treated, or primed PET film, whether extruded or co-extruded. PET film is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States.2 Methodology The Department has conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary 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). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at https:// iaaccess.trade.gov. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination of No Shipments Based on information Terphane submitted after the initiation of this administrative review and information collected from U.S. Customs and Border 1 Terphane is the only respondent in this review. a full description of the scope of the order, see ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet and Strip from Brazil: 2011–2012,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. 2 For E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50028-50029]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19730]



[[Page 50028]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-405-803]


Purified Carboxymethylcellulose From Finland; Preliminary Results 
of Antidumping Duty Administrative Review; 2011-2012

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

SUMMARY: In response to requests from Aqualon Company, a division of 
Hercules Inc., (Petitioner) and respondents CP Kelco Oy and CP Kelco 
U.S., Inc. (collectively, CP Kelco), the Department of Commerce (the 
Department) is conducting an administrative review of the antidumping 
duty order on purified carboxymethylcellulose (CMC) from Finland. The 
period of review (POR) is July 1, 2011, through June 30, 2012.
    We preliminarily find that CP Kelco made sales at prices below 
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. We invite interested parties to comment on these 
preliminary results.

DATES: Effective Date: August 16, 2013.

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:

Scope of the Order

    The merchandise covered by the 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. The merchandise subject to the order is classified in the 
Harmonized Tariff Schedule of the United States at subheading 
3912.31.00. For a full description of the scope of the order, see the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Import Administration, ``Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review: 
Purified Carboxymethylcellulose from Finland'' (Preliminary Decision 
Memorandum), which is dated concurrently with, and is hereby 
incorporated by reference.\1\
---------------------------------------------------------------------------

    \1\ A list of the topics discussed in the Preliminary Decision 
Memorandum appears in Appendix I of this notice.
---------------------------------------------------------------------------

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). EP is 
calculated in accordance with section 772 of the Act. NV is calculated 
in accordance with section 773 of the Act. In accordance with section 
773(b) of the Act, we disregarded certain of CP Kelco's sales in the 
home market that were made at below-cost prices. For a full description 
of the methodology underlying our conclusions, see Preliminary Decision 
Memorandum. The Preliminary 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). IA ACCESS is available to registered users at https://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at https://www.trade.gov/ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following dumping margin for the period July 1, 2011, through June 30, 
2012.

------------------------------------------------------------------------
                                                               Margin
                   Exporter/manufacturer                      (percent)
------------------------------------------------------------------------
CP Kelco Oy...............................................         3.40
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\2\ Pursuant 
to 19 CFR 351.309(c), interested parties may submit cases briefs no 
later than 30 days after the date of publication of this notice. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than five days after the date for filing case briefs.\3\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\4\ Case and rebuttal briefs should be filed using IA 
Access.\5\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
    \5\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Departments 
electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard 
Time within 30 days after the date of publication of this notice.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, parties will be notified of the date and time for the hearing 
to be held at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.
    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, within 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If CP Kelco's weighted-
average dumping margin is not zero or de minimis in the final results 
of this review, we will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of antidumping duties 
calculated for an importer's examined sales and the total entered value 
of such sales in accordance with 19 CFR 351.212(b)(1). If CP Kelco's 
weighted-average dumping margin is zero or de minimis in the final

[[Page 50029]]

results of review, or an importer-specific rate is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to dumping margins.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ This clarification will apply to entries of subject 
merchandise during the POR produced by CP Kelco for which it did not 
know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate un-reviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
---------------------------------------------------------------------------

    \7\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of CMC from Finland entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) The cash deposit rate for CP Kelco Oy 
will be the rate established in the final results of this 
administrative review except if the rate is de minimis within the 
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate 
will be zero; (2) for merchandise exported by manufacturers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period in which the 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original less-than-
fair-value 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; (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 6.65 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\8\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Notice of Antidumping Duty Orders: Purified 
Carboxymethylcellulose from Finland, Mexico, the Netherlands and 
Sweden, 70 FR 39734 (July 11, 2005).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary 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 double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

Scope of the Order
Methodology
    Fair Value Comparisons
    Product Comparisons
    Date of Sale
    U.S. Price
    Normal Value
    Currency Conversion
    Differential Pricing Analysis

[FR Doc. 2013-19730 Filed 8-15-13; 8:45 am]
BILLING CODE 3510-DS-P
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