Purified Carboxymethylcellulose From the Netherlands: Final Results of Antidumping Duty Administrative Review; 2012-2013, 78395-78396 [2014-30547]

Download as PDF Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices DEPARTMENT OF COMMERCE Bureau of Industry and Security Fiber Materials, Inc., 5 Morin Street, Biddeford, ME 04005, Respondent; Order Waiving Remainder of Denial Order Period mstockstill on DSK4VPTVN1PROD with NOTICES On March 12, 2007, BIS issued an order denying the export privileges of Fiber Materials, Inc. (‘‘FMI’’), of Biddeford, Maine, until November 18, 2015, pursuant to Section 11(h) of the Export Administration Act of 1979, as amended (‘‘Act’’), and Section 766.25 of the Export Administration Regulations (‘‘Regulations’’), based on FMI’s criminal conviction for violating the Act by knowingly exporting and causing to be exported from the United States to India a component, accessory and controls for a hot isostatic press without having obtained the required export license from BIS.1 The March 12, 2007 Order provided a standard denial of export privileges that prohibited FMI from participating in any way in any transaction involving the export from the United States of any item subject to the Regulations or in any other activity subject to the Regulations. Subsequent to the issuance of the March 12, 2007 Order, ownership and management control of FMI changed. Ultimately, by letter dated February 10, 2014, GrafTech International Ltd. (‘‘GrafTech’’) submitted a request on behalf of FMI, GrafTech’s wholly-owned subsidiary, seeking to terminate the denial order. The request seeks relief on various grounds, including due to a strong compliance program that has been put into place and updated by FMI/GrafTech. BIS has reviewed the compliance program, including through an Office of Export Enforcement site visit at FMI. Upon consideration of the compliance program and the totality of the circumstances found here, It is therefore ordered: 1. That the remainder of the denial order period imposed on Fiber Materials, Inc., 5 Morin Street, 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2014). The underlying criminal conduct occurred in April 1988, for which FMI was tried criminally in 1995, and for which ultimately a judgment of conviction issued against FMI following its sentencing on November 18, 2005. See March 12, 2007 Order; U.S. v. Lachman, 521 F.3d 12 (1st Cir. 2008). Since August 21, 2001, the Act (50 U.S.C. app. §§ 2401–2420 (2000)) has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 7, 2014 (79 FR 46959 (Aug. 11, 2014)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.) (2006 & Supp. IV 2010). VerDate Sep<11>2014 21:42 Dec 29, 2014 Jkt 235001 Biddeford, ME 04005, its successors or assigns, and, when acting for or on behalf of FMI, its officers, representatives, agents or employees, under the March 12, 2007 Order is hereby waived upon the effective date of this Order; and 2. That this Order shall be effective upon publication in the Federal Register. Issued this 19th day of December, 2014. Karen Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2014–30301 Filed 12–29–14; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–421–811] Purified Carboxymethylcellulose From the Netherlands: Final Results of Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 21, 2014, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on purified carboxymethylcellulose (CMC) from the Netherlands.1 We invited interested parties to comment on the Preliminary Results. We received no comments or requests for a hearing. Therefore, for the final results, we continue to find that sales of subject merchandise by Akzo Nobel Functional Chemicals, B.V. (Akzo Nobel) were not made at less than normal value during the period of review (POR). DATES: Effective Date: December 30, 2014. AGENCY: FOR FURTHER INFORMATION CONTACT: Ericka Ukrow 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) 482–0405, and (202) 482–3019, respectively. Background On August 21, 2014, the Department published the Preliminary Results. The POR is July 1, 2012 through June 30, 1 See Purified Carboxymethylcellulose From the Netherlands: Preliminary Results of Antidumping Duty Administrative Review; 2012–2013, 79 FR 49494 (August 21, 2014) (Preliminary Results). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 78395 2013. We invited interested parties to comment on the Preliminary Results. We received no comments or requests for a hearing. The Department conducted this administrative review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). 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. Final Results of Review As noted above, the Department received no comments concerning the Preliminary Results on the record of this segment of the proceeding. As there are no changes from, or comments upon, the Preliminary Results, the Department finds that there is no reason to modify its analysis. Thus, we continue to find that sales of subject merchandise by Akzo Nobel were not made at less than normal value during the POR. Accordingly, no decision memorandum accompanies this Federal Register notice. For further details of the issues addressed in this proceeding, see the Preliminary Results and the accompanying Preliminary Decision Memorandum.2 The final weightedaverage dumping margin for the period July 1, 2012, through June 30, 2013 for Akzo Nobel is as follows: 2 See ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative: Purified Carboxymethylcellulose from the Netherlands,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, dated August 14, 2014 (Preliminary Decision Memorandum), which can be accessed directly at http:// enforcement.trade.gov/frn/. E:\FR\FM\30DEN1.SGM 30DEN1 78396 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices Producer/Exporter Weightedaverage margin (percentage) Akzo Nobel Functional Chemicals B.V. ................. 0.00 mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rates The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in this review, in accordance with 19 CFR 351.212(b). The Department intends to issue assessment instructions directly to CBP 15 days after publication of these final results of review. Because we have calculated a zero margin for Akzo Nobel in the final results of this review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.3 This clarification applies to entries of subject merchandise during the POR produced and exported by Akzo Nobel for which it did not know that the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate effective during the POR if there is no rate for the intermediate company(ies) involved in the transaction.4 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 Act: (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 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 3 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). 4 See Assessment Policy Notice for a full discussion of this clarification. VerDate Sep<11>2014 21:42 Dec 29, 2014 Jkt 235001 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.5 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, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–30547 Filed 12–29–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–520–804] Certain Steel Nails from the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2011–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 5 See Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands and Sweden, 70 FR 39734, 39735 (July 11, 2005). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 On June 24, 2014, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain steel nails from the United Arab Emirates (UAE). The period of review (POR) is November 3, 2011, through April 30, 2013. The review covers two producers/exporters of the subject merchandise, Dubai Wire FZE (Dubai Wire) and Precision Fasteners, L.L.C. (Precision). For these final results, we continue to find subject merchandise has been sold in the United States at less than normal value. DATES: Effective Date: December 30, 2014. FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Michael Romani, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3683 or (202) 482– 0198, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: Background On June 24, 2014, the Department published the preliminary results of the administrative review of the antidumping duty order on certain steel nails from the United Arab Emirates.1 On September 30, 2014, we extended the due date for the final results to December 22, 2014.2 On October 16, 2014, we issued a post-preliminary analysis finding that: (i) Dubai Wire’s affiliated 3 importer, Itochu Building Products Inc., and affiliated 4 distributor, PrimeSource Building Products Inc., (collectively, IBP) employed an acceptable constructed export price (CEP) sales reporting methodology; (ii) certain submissions by Dubai Wire accompanied by certifications signed by a representative of IBP meet the requirements of 19 CFR 351.303(g); (iii) it was appropriate to rely on facts available without an 1 See Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2011–2013, 79 FR 35721 (June 24, 2014) (Preliminary Results). 2 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ‘‘Certain Steel Nails from the United Arab Emirates: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review; 2011–2013’’ dated September 30, 2014. 3 For details on our affiliation determination, see Memorandum to Thomas Gilgunn, Office Director, AD/CVD Operations, Office I, ‘‘Certain Steel Nails from the United Arab Emirates—Affiliation Memorandum for Dubai Wire FZE’’ dated May 28, 2014. 4 Id. E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78395-78396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30547]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-811]


Purified Carboxymethylcellulose From the Netherlands: Final 
Results of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 21, 2014, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty (AD) order on purified 
carboxymethylcellulose (CMC) from the Netherlands.\1\ We invited 
interested parties to comment on the Preliminary Results. We received 
no comments or requests for a hearing. Therefore, for the final 
results, we continue to find that sales of subject merchandise by Akzo 
Nobel Functional Chemicals, B.V. (Akzo Nobel) were not made at less 
than normal value during the period of review (POR).
---------------------------------------------------------------------------

    \1\ See Purified Carboxymethylcellulose From the Netherlands: 
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013, 79 FR 49494 (August 21, 2014) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: December 30, 2014.

FOR FURTHER INFORMATION CONTACT: Ericka Ukrow 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-
0405, and (202) 482-3019, respectively.

Background

    On August 21, 2014, the Department published the Preliminary 
Results. The POR is July 1, 2012 through June 30, 2013. We invited 
interested parties to comment on the Preliminary Results. We received 
no comments or requests for a hearing. The Department conducted this 
administrative review in accordance with section 751(a)(2) of the 
Tariff Act of 1930, as amended (the Act).

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.

Final Results of Review

    As noted above, the Department received no comments concerning the 
Preliminary Results on the record of this segment of the proceeding. As 
there are no changes from, or comments upon, the Preliminary Results, 
the Department finds that there is no reason to modify its analysis. 
Thus, we continue to find that sales of subject merchandise by Akzo 
Nobel were not made at less than normal value during the POR. 
Accordingly, no decision memorandum accompanies this Federal Register 
notice. For further details of the issues addressed in this proceeding, 
see the Preliminary Results and the accompanying Preliminary Decision 
Memorandum.\2\ The final weighted-average dumping margin for the period 
July 1, 2012, through June 30, 2013 for Akzo Nobel is as follows:
---------------------------------------------------------------------------

    \2\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative: Purified Carboxymethylcellulose 
from the Netherlands,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, dated August 14, 2014 (Preliminary Decision Memorandum), 
which can be accessed directly at http://enforcement.trade.gov/frn/.

[[Page 78396]]



------------------------------------------------------------------------
                                                             Weighted-
                    Producer/Exporter                     average margin
                                                           (percentage)
------------------------------------------------------------------------
Akzo Nobel Functional Chemicals B.V.....................            0.00
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries in this review, in accordance with 19 CFR 351.212(b). The 
Department intends to issue assessment instructions directly to CBP 15 
days after publication of these final results of review. Because we 
have calculated a zero margin for Akzo Nobel in the final results of 
this review, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\3\ This clarification applies to entries of subject 
merchandise during the POR produced and exported by Akzo Nobel for 
which it did not know that the merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate effective during the POR if there is no 
rate for the intermediate company(ies) involved in the transaction.\4\
---------------------------------------------------------------------------

    \3\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \4\ See Assessment Policy Notice for a full discussion of this 
clarification.
---------------------------------------------------------------------------

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 Act: (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 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.\5\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \5\ See Notice of Antidumping Duty Orders: Purified 
Carboxymethylcellulose from Finland, Mexico, the Netherlands and 
Sweden, 70 FR 39734, 39735 (July 11, 2005).
---------------------------------------------------------------------------

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, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-30547 Filed 12-29-14; 8:45 am]
BILLING CODE 3510-DS-P