[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Pages 5609-5610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2089]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-811]


Notice of Amended Preliminary Determination of Sales at Less Than 
Fair Value: Purified Carboxymethylcellulose From the Netherlands

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

ACTION: Notice of amended preliminary determination of sales at less 
than fair value.

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EFFECTIVE DATE: February 3, 2005.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or John Drury, Office 
7, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-3019 or (202) 482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 16, 2004, the Department determined that purified 
carboxymethylcellulose (``CMC'') from the Netherlands is being, or is 
likely to be, sold in the United States at less than fair value 
(``LTFV''), as provided in section 735(a) of the Tariff Act of 1930, as 
amended (``the Act''). See Notice of Preliminary Determination of Sales 
at Less Than Fair Value and Postponement of Final Determination: 
Purified Carboxymethylcellulose From the Netherlands, 69 FR 77205 
(December 27, 2004). The Department released disclosure materials to 
interested parties on December 21, 2004.
    On December 27, 2004, respondent Noviant BV (``Noviant'') submitted 
a letter to the Department alleging significant ministerial errors as 
defined by 19 CFR 351.224(g). On December 30, 2004, Aqualon Company 
(``petitioner'') also submitted a letter to the Department alleging an 
additional ministerial error.

[[Page 5610]]

Scope of the Investigation

    For purposes of this investigation, the products covered are 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 this investigation is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheading 3912.31.00. This tariff classification is provided for 
convenience and customs purposes; however, the written description of 
the scope of this investigation is dispositive.

Amended Preliminary Determination

    In accordance with section 735(e) of the Act, we have determined 
that significant ministerial errors were made in the calculation of 
Noviant's preliminary margin. Specifically, we have determined that 
there were errors concerning the calculation of constructed export 
price (``CEP'') profit, third-party commissions, indirect selling 
expenses, currency conversions, billing adjustments, and level of 
trade. We have disregarded comments by petitioner as they were not 
timely filed in accordance with 19 CFR 351.224(c)(2). For a detailed 
discussion of the above-cited ministerial error allegations and the 
Department's analysis, see Memorandum to Richard O. Weible, 
``Allegation of Significant Ministerial Errors; Preliminary 
Determination in the Antidumping Duty Investigation of Purified 
Carboxymethylcellulose from the Netherlands'' dated January 27, 2005, a 
public version of which is on file in room B-099 of the main Commerce 
building.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the preliminary determination of the antidumping duty investigation of 
Purified CMC to correct these significant ministerial errors. The 
revised preliminary weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                             Original         Revised
                                             weighted-       weighted-
          Exporter/manufacturer           average margin  average margin
                                            percentage      percentage
------------------------------------------------------------------------
Noviant BV..............................           27.11           13.27
All others..............................           22.21           12.84
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all imports of Purified CMC from the 
Netherlands. CBP shall require a cash deposit or the posting of a bond 
equal to the weighted-average amount by which the normal value exceeds 
the export price or CEP, as indicated in the chart above. These 
suspension of liquidation instructions will remain in effect until 
further notice.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: January 28, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-2089 Filed 2-2-05; 8:45 am]
BILLING CODE 3510-DS-P