Purified Carboxymethylcellulose From the Netherlands: Final Results of Antidumping Duty Administrative Review and Final No Shipment Determination; 2011-2012, 78812-78814 [2013-31114]
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Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
Contact Person for Further Information
DEPARTMENT OF COMMERCE
Hillary J. Cohen, Communications
Manager, hillary.cohen@csb.gov or (202)
446–8094. General information about
the CSB can be found on the agency
Web site at: www.csb.gov.
Economic Development Administration
Dated: December 23, 2013.
Rafael Moure-Eraso,
Chairperson.
AGENCY:
Notice of Petitions by Firms for
Determination of Eligibility to Apply for
Trade Adjustment Assistance
Economic Development
Administration, Department of
Commerce.
ACTION: Notice and Opportunity for
Public Comment.
[FR Doc. 2013–31156 Filed 12–24–13; 11:15 am]
BILLING CODE 6350–01–P
Pursuant to Section 251 of the Trade
Act 1974, as amended (19 U.S.C. 2341
et seq.), the Economic Development
Administration (EDA) has received
petitions for certification of eligibility to
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of these
firms contributed importantly to the
total or partial separation of the firm’s
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
[12/19/2013 through 12/19/2013]
Date accepted
for investigation
Firm name
Firm address
The Line Group, Inc. ......................
539 W. Algonquin Road, Arlington
Heights, IL 60005.
11367 Higgins Airport Way, Burlington, WA 98233.
2364 Leicester Road, Leicester,
NY 14481.
29690 SE Orient Dr, Gresham, OR
97080.
........................
60 North Street, Nunda, NY 14517
12/19/2013
Nordic Tugs Incorporated ..............
CPAC Equipment, Inc. ...................
S3 Manufacturing, Inc. ...................
Seating, Inc. ...................................
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance for Firms Division, Room
71030, Economic Development
Administration, U.S. Department of
Commerce, Washington, DC 20230, no
later than ten (10) calendar days
following publication of this notice.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Dated: December 19, 2013.
Michael DeVillo,
Eligibility Examiner.
[FR Doc. 2013–31006 Filed 12–26–13; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 3510–WH–P
12/18/2013
12/19/2013
12/19/2013
Jkt 232001
The firm manufactures dry heat sterilizers and dental evacuation equipment.
The firm manufactures parts for bicycle, motorcycle
industry; custom job shop for other aluminum,
steel and plastics.
The firm manufactures upholstered seats with metal
frames.
International Trade Administration
[A–421–811]
Purified Carboxymethylcellulose From
the Netherlands: Final Results of
Antidumping Duty Administrative
Review and Final No Shipment
Determination; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
On August 9, 2013, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review and
preliminary no shipment determination
of the antidumping duty (AD) order on
purified carboxymethylcellulose (CMC)
from the Netherlands. For the final
results, we continue to find that sales of
subject merchandise by Akzo Nobel
Functional Chemicals, B.V. (Akzo
Nobel) were made at less than normal
value, and that CP Kelco, B.V. (CP
Kelco) had no shipments of subject
merchandise during the POR.
SUMMARY:
Effective Date: December 27,
2013.
23:48 Dec 26, 2013
The firm manufactures metal stampings and assemblies.
The firm manufactures recreational trawlers/yachts.
DEPARTMENT OF COMMERCE
DATES:
VerDate Mar<15>2010
Product(s)
PO 00000
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Fmt 4703
Sfmt 4703
John
Drury or Angelica Mendoza, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0195, and (202)
482–3019, respectively.
FOR FURTHER INFORMATION CONTACT:
Background
On August 9, 2013, the Department
published the preliminary results of the
administrative review of the AD order
on purified CMC from the Netherlands.1
We invited interested parties to
comment on the Preliminary Results.
We received no comments. The
Department has conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Tolling of Deadlines
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
1 See Purified Carboxymethylcellulose From the
Netherlands: Preliminary Results of Antidumping
Duty Administrative Review and Preliminary No
Shipment Determination; 2011–2012, 78 FR 48649
(August 9, 2013) (Preliminary Results).
E:\FR\FM\27DEN1.SGM
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Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
closure of the Federal Government from
October 1, through October 16, 2013.2
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days. If the new deadline falls on
a non-business day, in accordance with
the Department’s practice, the deadline
will become the next business day. The
revised deadline for the final results of
this review is now December 26, 2013.
Scope of the Order
The product 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.
tkelley on DSK3SPTVN1PROD with NOTICES
Determination of No Shipments
As noted in the Preliminary Results,3
we received a no-shipment claim from
CP Kelco, and we confirmed this claim
with U.S. Customs and Border
Protection (CBP). Because we continue
to find that the record indicates that CP
Kelco did not export subject
merchandise to the United States during
the POR, we determine that it had no
reviewable transactions during the POR.
Our former practice concerning
respondents submitting timely noshipment certifications was to rescind
the administrative review with respect
to those companies if we were able to
confirm the no-shipment certifications
through a no-shipment inquiry with
CBP.4 As a result, in such
circumstances, we normally instructed
2 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government’’ dated October 18, 2013.
3 See Preliminary Results at 48650.
4 See Antidumping Duties; Countervailing Duties;
Final rule, 62 FR 27296, 27393 (May 19, 1997); see
also Stainless Steel Sheet and Strip in Coils from
Taiwan: Final Results of Antidumping Duty
Administrative Review, 75 FR 76700, 76701
(December 9, 2010).
VerDate Mar<15>2010
23:48 Dec 26, 2013
Jkt 232001
CBP to liquidate any entries from the
no-shipment company at the deposit
rate in effect on the date of entry.
In our May 6, 2003, clarification of the
‘‘automatic assessment’’ regulation, we
explained that, where respondents in an
administrative review demonstrate that
they had no knowledge of sales through
resellers to the United States, we would
instruct CBP to liquidate such entries at
the all-others rate applicable to the
proceeding.5 Because ‘‘as entered’’
liquidation instructions do not alleviate
the concerns which the May 2003
clarification was intended to address,
we find it appropriate in this case to
instruct CBP to liquidate any existing
entries of merchandise produced by CP
Kelco and exported by other parties at
the all-others rate. In addition, we
continue to find that it is more
consistent with the May 2003
clarification not to rescind the review in
part in these circumstances but, rather,
to complete the review with respect to
CP Kelco and issue appropriate
instructions to CBP based on the final
results of this administrative review.
See the ‘‘Assessment Rates’’ section of
this notice below.
Final Results of Review
We have made no changes to our
calculations announced in the
Preliminary Results. Therefore, as a
result of our review, we determine that
the following weighted-average
dumping margin exists for the period
July 1, 2011, through June 30, 2012:
Producer
weightedaverage margin
(percentage)
Akzo Nobel Functional
Chemicals B.V. .................
0.64
Assessment
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. 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
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.
5 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
PO 00000
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Fmt 4703
Sfmt 4703
78813
As noted in the Preliminary Results,
all of Akzo Nobel’s U.S. sales of CMC
were constructed-export-price sales
(e.g., sales through Akzo Nobel’s U.S.
affiliate to the unaffiliated purchaser in
the United States).6 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.7
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.
As stated above, 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.8
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 the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended: (1) The cash deposit rate for
Akzo Nobel 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-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
6 See Preliminary Results and accompanying
Preliminary Decision Memorandum at page 7.
7 See 19 CFR 351.212(b).
8 For a full discussion of this clarification, see
Assessment Policy Notice.
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78814
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
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 allothers rate established by the
Department in the LTFV investigation.9
These cash 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)(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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (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)(1) of the Act.
Dated: December 18, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2013–31114 Filed 12–26–13; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P
9 See Notice of Antidumping Duty Orders:
Purified Carboxymethylcellulose from Finland,
Mexico, the Netherlands and Sweden, 70 FR 39734,
39735 (July 11, 2005).
VerDate Mar<15>2010
23:48 Dec 26, 2013
Jkt 232001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Zhongce Rubber Group
Company Limited (‘‘Zhongce’’)
requested a changed circumstances
review of the antidumping duty order
on certain new pneumatic off-the-road
tires (‘‘OTR tires’’) from the People’s
Republic of China (‘‘PRC’’) pursuant to
section 751(b)(1) of the Tariff Act of
1930, as amended (‘‘the Act’’) and 19
CFR 351.216(b). The Department of
Commerce (‘‘Department’’) is initiating
this changed circumstances review and
preliminarily determining, pursuant to
19 CFR 351.221(c)(3)(ii) that Zhongce is
the successor-in-interest to Hangzhou
Zhongce Rubber Co., Ltd. (‘‘Hangzhou’’).
DATES: Effective Date: December 27,
2013.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Brendan Quinn, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
202–482–4987 or 202–482–5848,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2008, the
Department published in the Federal
Register an antidumping duty order on
OTR tires from the PRC.1 Under the
Order, in the third administrative
review, Hangzhou received its own
calculated rate of 112.41 percent.2
On November 5, 2013, Zhongce
requested that the Department conduct
a changed circumstances review of the
Order to confirm that Zhongce is the
successor-in-interest to Hangzhou.3 In
1 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Notice of
Amended Final Affirmative Determination of Sales
at Less Than Fair Value and Antidumping Duty
Order, 73 FR 51624 (September 4, 2008) (‘‘Order’’).
2 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review and
Final Rescission, in Part; 2010–2011, 78 FR 22513
(April 16, 2013).
3 See Letter from Zhongce to the Department
titled ‘‘New Pneumatic Off-The-Road Tires from the
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Fmt 4703
Sfmt 4703
its submission, Zhongce explained that
the only change was to the name of the
company, and provided evidence
supporting its claim.4
Scope of the Order
The merchandise covered by this
Order includes new pneumatic tires
designed for off-the-road and offhighway use, subject to certain
exceptions.5 The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written product description of
the scope of the order is dispositive.
Initiation and Preliminary Results
Pursuant to section 751(b)(1) of the
Act, the Department will conduct a
changed circumstances review upon
receipt of information concerning, or a
request from, an interested party for a
review of an antidumping duty order
which shows changed circumstances
sufficient to warrant a review of the
order. As indicated in the ‘‘Background’’
section, we received information
indicating that Hangzhou changed its
name to Zhongce, effective August 19,
2013. This constitutes changed
circumstances warranting a review of
the order.6 Therefore, in accordance
with section 751(b)(1) of the Act and 19
CFR 351.216(d) and (e), we are initiating
a changed circumstances review based
upon the information contained in
Zhongce’s submission.
Section 351.221(c)(3)(ii) of the
Department’s regulations permits the
Department to combine the notice of
initiation of a changed circumstances
review and the notice of preliminary
results if the Department concludes that
expedited action is warranted. In this
instance, because the record contains
information necessary to make a
preliminary finding, we find that
expedited action is warranted and have
PRC: Request for Hangzhou Zhongce Rubber Co.,
Ltd. for Changed Circumstances Review’’
(November 5, 2013) (‘‘Zhongce Request for CCR’’).
4 Id. at 2–3 and Attachments 1, 2, and 3.
5 For a complete description of the Scope of the
Order, see Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of China: Final
Results of Antidumping Duty New Shipper Review;
2011–2012, 78 FR 33341 (June 4, 2013), and
accompanying Issues and Decision Memorandum at
‘‘Scope.’’
6 See 19 CFR 351.216(d).
E:\FR\FM\27DEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 78812-78814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31114]
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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 and Final No Shipment
Determination; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On August 9, 2013, the Department of Commerce (the Department)
published the preliminary results of the administrative review and
preliminary no shipment determination of the antidumping duty (AD)
order on purified carboxymethylcellulose (CMC) from the Netherlands.
For the final results, we continue to find that sales of subject
merchandise by Akzo Nobel Functional Chemicals, B.V. (Akzo Nobel) were
made at less than normal value, and that CP Kelco, B.V. (CP Kelco) had
no shipments of subject merchandise during the POR.
DATES: Effective Date: December 27, 2013.
FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0195, and (202) 482-3019, respectively.
Background
On August 9, 2013, the Department published the preliminary results
of the administrative review of the AD order on purified CMC from the
Netherlands.\1\ We invited interested parties to comment on the
Preliminary Results. We received no comments. The Department has
conducted this administrative review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Purified Carboxymethylcellulose From the Netherlands:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary No Shipment Determination; 2011-2012, 78 FR 48649
(August 9, 2013) (Preliminary Results).
---------------------------------------------------------------------------
Tolling of Deadlines
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the
[[Page 78813]]
closure of the Federal Government from October 1, through October 16,
2013.\2\ Therefore, all deadlines in this segment of the proceeding
have been extended by 16 days. If the new deadline falls on a non-
business day, in accordance with the Department's practice, the
deadline will become the next business day. The revised deadline for
the final results of this review is now December 26, 2013.
---------------------------------------------------------------------------
\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' dated October 18, 2013.
---------------------------------------------------------------------------
Scope of the Order
The product 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.
Determination of No Shipments
As noted in the Preliminary Results,\3\ we received a no-shipment
claim from CP Kelco, and we confirmed this claim with U.S. Customs and
Border Protection (CBP). Because we continue to find that the record
indicates that CP Kelco did not export subject merchandise to the
United States during the POR, we determine that it had no reviewable
transactions during the POR.
---------------------------------------------------------------------------
\3\ See Preliminary Results at 48650.
---------------------------------------------------------------------------
Our former practice concerning respondents submitting timely no-
shipment certifications was to rescind the administrative review with
respect to those companies if we were able to confirm the no-shipment
certifications through a no-shipment inquiry with CBP.\4\ As a result,
in such circumstances, we normally instructed CBP to liquidate any
entries from the no-shipment company at the deposit rate in effect on
the date of entry.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties; Final rule,
62 FR 27296, 27393 (May 19, 1997); see also Stainless Steel Sheet
and Strip in Coils from Taiwan: Final Results of Antidumping Duty
Administrative Review, 75 FR 76700, 76701 (December 9, 2010).
---------------------------------------------------------------------------
In our May 6, 2003, clarification of the ``automatic assessment''
regulation, we explained that, where respondents in an administrative
review demonstrate that they had no knowledge of sales through
resellers to the United States, we would instruct CBP to liquidate such
entries at the all-others rate applicable to the proceeding.\5\ Because
``as entered'' liquidation instructions do not alleviate the concerns
which the May 2003 clarification was intended to address, we find it
appropriate in this case to instruct CBP to liquidate any existing
entries of merchandise produced by CP Kelco and exported by other
parties at the all-others rate. In addition, we continue to find that
it is more consistent with the May 2003 clarification not to rescind
the review in part in these circumstances but, rather, to complete the
review with respect to CP Kelco and issue appropriate instructions to
CBP based on the final results of this administrative review. See the
``Assessment Rates'' section of this notice below.
---------------------------------------------------------------------------
\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
---------------------------------------------------------------------------
Final Results of Review
We have made no changes to our calculations announced in the
Preliminary Results. Therefore, as a result of our review, we determine
that the following weighted-average dumping margin exists for the
period July 1, 2011, through June 30, 2012:
------------------------------------------------------------------------
weighted-
Producer average margin
(percentage)
------------------------------------------------------------------------
Akzo Nobel Functional Chemicals B.V.................... 0.64
------------------------------------------------------------------------
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. 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 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 Akzo Nobel's U.S. sales
of CMC were constructed-export-price sales (e.g., sales through Akzo
Nobel's U.S. affiliate to the unaffiliated purchaser in the United
States).\6\ 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.\7\
---------------------------------------------------------------------------
\6\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at page 7.
\7\ 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.
As stated above, 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.\8\
---------------------------------------------------------------------------
\8\ For a full discussion of this clarification, see Assessment
Policy Notice.
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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 the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as
amended: (1) The cash deposit rate for Akzo Nobel 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
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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.\9\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\9\ See Notice of Antidumping Duty Orders: Purified
Carboxymethylcellulose from Finland, Mexico, the Netherlands and
Sweden, 70 FR 39734, 39735 (July 11, 2005).
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Reimbursement of Duties
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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (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)(1) of the Act.
Dated: December 18, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-31114 Filed 12-26-13; 8:45 am]
BILLING CODE 3510-DS-P
