[Federal Register Volume 74, Number 116 (Thursday, June 18, 2009)]
[Notices]
[Pages 28886-28887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-405-803]


Purified Carboxymethylcellulose from Finland; Notice of Final 
Results of Antidumping Duty Administrative Review

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

SUMMARY: On April 9, 2009, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on purified 
carboxymethylcellulose from Finland. See Purified 
Carboxymethylcellulose from Finland; Preliminary Results of Antidumping 
Duty Administrative Review, 74 FR 16180 (April 9, 2009) (Preliminary 
Results). We gave interested parties an opportunity to comment on the 
Preliminary Results, and received no comments.

EFFECTIVE DATE: June 18, 2009.

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:

Background

    On April 9, 2009, the Department published the preliminary results 
of administrative review of the antidumping duty order covering 
purified CMC from Finland. See Preliminary Results. The parties subject 
to this review are CP Kelco Oy and CP Kelco U.S., Inc. (collectively, 
CP Kelco). The petitioner in this proceeding is the Aqualon Company, a 
division of Hercules Incorporated (Petitioner).
    In the Preliminary Results, the Department stated that interested 
parties were to submit case briefs within 30 days of publication of the 
Preliminary Results and rebuttal briefs within five days after the due 
date for filing case briefs. See Preliminary Results at 16185. No 
interested party submitted a case or rebuttal brief. On April 8, 2009, 
we issued a supplementary questionnaire to CP Kelco to address certain 
inconsistencies in CP Kelco's U.S. sales response. CP Kelco responded 
on April 14, 2009, and submitted a corrected U.S. sales database. We 
modified the margin calculation program used in the Preliminary Results 
in order to use CP Kelco's April 14, 2009, U.S. sales database for the 
final results. We made no other changes for the final results.\1\
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    \1\ In past segments of this proceeding, the Department has 
included the transaction fees relating to the factoring of certain 
comparison market and U.S. sales by CP Kelco Oy through an 
affiliated finance company in its dumping margin calculations. 
However, the Department intends to re-examine the appropriateness of 
including these affiliated transactions in its calculations in 
subsequent reviews of this proceeding.
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Period of Review

    The period of review (POR) is July 1, 2007, through June 30, 2008.

Scope of the Order

    The merchandise covered by this 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. 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 order is 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

    The Department has determined that the following margins exist for 
the period July 1, 2007, through June 30, 2008:

[[Page 28887]]



------------------------------------------------------------------------
                                                       Weighted Average
               Manufacturer / Exporter                      Margin
                                                         (percentage)
------------------------------------------------------------------------
CP Kelco............................................       12.00[percnt]
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department has determined, and 
CBP shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions for CP Kelco to CBP 
15 days after the date of publication of these final results. Pursuant 
to 19 CFR 351.212(b)(1), we calculated importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific (or customer-specific) assessment rate 
calculated in the final results of this review are above de minimis.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the POR produced by CP Kelco for which CP 
Kelco did not know the merchandise was destined for the United States. 
In such instances, we will instruct CBP to liquidate un-reviewed 
entries at the 6.65 percent all-others rate if there is no company-
specific rate for an intermediary involved in the transaction. See 
Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose from 
Finland, Mexico, the Netherlands and Sweden, 70 FR 39734 (July 11, 
2005) (Purified Carboxymethylcellulose Orders). See Assessment of 
Antidumping Duties for a full discussion of this clarification.

Cash Deposit Requirements

    Furthermore, the following deposit requirements will be effective 
upon publication of these final results for all shipments of CMC from 
Finland entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the final results of this administrative 
review, as provided by section 751(a)(1) of the Tariff Act: 1) the cash 
deposit rate for CP Kelco will be the rate established in the final 
results of review; 2) if the exporter is not a firm covered in this 
review or 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 3) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review conducted by the Department, the cash deposit 
rate will be the all-others rate of 6.65 percent ad valorem from the 
LTFV investigation. See Purified Carboxymethylcellulose Orders. These 
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) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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) of the Tariff Act.

    Dated: June 11, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-14373 Filed 6-17-09; 8:45 am]
BILLING CODE 3510-DS-S