[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Pages 61700-61702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25210]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-405-803, A-421-811, A-401-808]


Purified Carboxymethylcellulose From Finland, the Netherlands, 
and Sweden: Final Results of the Expedited First Sunset Reviews of the 
Antidumping Duty Orders

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

SUMMARY: On June 2, 2010, the Department of Commerce (the Department) 
initiated first sunset reviews of the antidumping duty orders on 
purified carboxymethylcellulose (CMC) from, inter alia, Finland, the 
Netherlands, and Sweden, pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (the Act). The Department has conducted expedited 
(120-day) sunset reviews of the Finland, the Netherlands, and Sweden 
antidumping duty orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2).\1\ 
As a result of these sunset reviews, the Department finds that 
revocation of the antidumping duty orders would be likely to lead to 
continuation or recurrence of dumping.
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    \1\ With respect to the antidumping duty order on CMC from 
Mexico, the Department is conducting a full sunset review, the 
preliminary results of which were signed on September 20, 2010. See 
Purified Carboxymethylcellulose from Mexico: Preliminary Results of 
the First Five-Year (``Sunset'') Review of Antidumping Duty Order, 
75 FR 60084 (September 29, 2010).

FOR FURTHER INFORMATION CONTACT: Dena Crossland 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-
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3362 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2010, the Department published in the Federal Register 
the notice of initiation of the sunset reviews of the antidumping duty 
orders on CMC from Finland, the Netherlands, Mexico, and Sweden, 
pursuant to section 751(c) of the Act. See Initiation of Five-Year 
(``Sunset'') Review, 75 FR 30777 (June 2, 2010) (Notice of Initiation).
    The Department received a notice of intent to participate from 
domestic interested party Aqualon Company (Aqualon) \2\ within the 
deadline specified in 19 CFR 351.218(d)(1)(i). Aqualon claimed 
interested party status under section 771(9)(C) of the Act, as the sole 
manufacturer of a domestic-like product in the United States.
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    \2\ Aqualon Company is a division of Hercules Incorporated.
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    The Department received adequate substantive responses to the 
Notice of Initiation from Aqualon within the 30-day deadline specified 
in 19 CFR 351.218(d)(3)(i). We received no substantive responses from 
respondent interested parties with respect to the antidumping duty 
orders on CMC from Finland and Sweden.
    On July 2, 2010, respondent Akzo Nobel filed a response concerning 
the sunset review of CMC from the Netherlands. Using the data provided 
by Aqualon in its July 1, 2010, substantive response, and data provided 
by Akzo Nobel in its July, 2, 2010, response, the Department found that 
Akzo Nobel accounted for less than 50 percent of exports of subject 
merchandise from the Netherlands. On July 22, 2010, the Department 
determined that Akzo Nobel's response was not adequate because it did 
not account for more than 50 percent of the total exports of subject 
merchandise to the United States over the relevant five-year period as 
required by 19 CFR 351.218(e)(1)(ii)(A). See Memorandum to Richard O. 
Weible, Director, AD/CVD Operations, Office 7, ``Adequacy Determination 
in the First Five-Year `Sunset Review' (2005 through 2009) of the 
Antidumping Duty Order on Purified Carboxymethylcellulose from the 
Netherlands,'' dated July 22, 2010.
    As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department determined that it would conduct expedited (120-day) sunset 
reviews of the antidumping duty orders on CMC from Finland, the 
Netherlands, and Sweden and notified the U.S. International Trade 
Commission. See Letter to Ms. Catherine DeFilippo, Director, Office of 
Investigations, U.S. International Trade Commission, from James Maeder, 
Director, Office 2, AD/CVD Operations, entitled ``Expedited and Full 
Sunset Reviews of the Antidumping Duty Orders Initiated in June 2010,'' 
dated July 22, 2010.
    On September 15, 2010, the Department contacted Aqualon regarding 
its reference to Harmonized Tariff Schedule of the United States 
(HTSUS) number 3913.31.00.10 at page

[[Page 61701]]

12 of the Appendix of its substantive response, dated July 1, 2010. 
Aqualon stated on September 15, 2010, that it had mistakenly referenced 
the wrong HTSUS number in its substantive response and intended to 
reference HTSUS number 3912.31.00.10. See Memorandum to the File from 
Dena Crossland, Regarding Preliminary Results of First Sunset Review of 
the Antidumping Duty Order on Purified Carboxymethylcellulose from 
Finland, the Netherlands, and Sweden; Correction to Domestic Interested 
Party's July 1, 2010, Substantive Response, dated September 23, 2010.

Scope of the Orders

    The merchandise covered by the orders 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 orders is currently classified in the HTSUS 
at subheading 3912.31.00.\3\ This tariff classification is provided for 
convenience and customs purposes; however, the written description of 
the scope of the orders is dispositive.
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    \3\ Although HTSUS number 3912.31.00.10 may be more specific to 
subject merchandise, it was not created until 2005. As such, we are 
relying on HTSUS number 3912.31.00 for purposes of these sunset 
reviews because in determining whether revocation of an order would 
likely lead to continuation or recurrence of dumping, the Department 
considers the margins established in the investigation and/or 
reviews conducted during the sunset review period as well as the 
volume of imports for the periods before and after the issuance of 
the order. See section 752(c)(1) of the Act.
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Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited First Sunset Reviews of the 
Antidumping Duty Orders on Purified Carboxymethylcellulose from 
Finland, the Netherlands, and Sweden'' from Susan H. Kuhbach, Acting 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration (Decision Memo), which is hereby adopted by, and 
issued concurrently with, this notice. The issues discussed in the 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail if the 
orders were revoked. Parties can find a complete discussion of all 
issues raised in these reviews and the corresponding recommendations in 
this public memorandum which is on file in the Central Records Unit, 
room 7046 of the main Department building. In addition, a complete 
version of the Decision Memo can be accessed directly on the Web at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on CMC 
from Finland, the Netherlands, and Sweden would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Manufacturers/Exporters/Producers                  margin
                                                              (percent)
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Finland:
    CP Kelco Oy............................................         6.65
    All Others Rate........................................         6.65
The Netherlands:
    Akzo Nobel Surface Chemistry B.V.\4\...................        13.39
    CP Kelco B.V...........................................        14.88
    All Others Rate........................................        14.57
Sweden:
    CP Kelco AB............................................        25.29
    All Others Rate........................................        25.29
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[[Page 61702]]

Notification to Interested Parties

    This notice also serves as the only 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. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
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    \4\ The Department preliminarily determined that Akzo Nobel 
Functional Chemicals B.V. is the successor-in-interest to Akzo Nobel 
Surface Chemistry B.V. See Purified Carboxymethylcellulose From the 
Netherlands; Preliminary Results of Antidumping Duty Administrative 
Review, 75 FR 48310 (August 10, 2010). The Department intends to 
issue the final results on December 8, 2010 (the deadline may be 
extended).
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    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: September 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-25210 Filed 10-5-10; 8:45 am]
BILLING CODE 3510-DS-P