[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Notices]
[Pages 11817-11818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03740]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-405-803]
Purified Carboxymethylcellulose From Finland: Final Results of
Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2012, the Department of Commerce (the Department)
published its preliminary results of the 2010-2011 administrative
review of the antidumping duty order on Purified Carboxymethylcellulose
from Finland.\1\ The Department issued the results of its targeted
dumping post-preliminary analysis on December 26, 2012.\2\ This review
covers one respondent, CP Kelco Oy and CP Kelco, Inc. (collectively CP
Kelco). The period of review (POR) is July 1, 2010, through June 30,
2011.
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\1\ See Purified Carboxymethylcellulose from Finland: Notice of
Preliminary Results of Antidumping Duty Administrative Review, 77 FR
47036 (August 7, 2012) (Preliminary Results).
\2\ See Memorandum to Lynn Fischer Fox, Antidumping Duty
Administrative Review of Purified Carboxymethylcellulose (CMC) from
Finland: Post-Preliminary Targeted Dumping Analysis Memorandum
(December 26, 2012).
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DATES: Effective February 20, 2013.
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., Room 7850, Washington, DC 20230; telephone
(202) 482-1121 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2012, the Department published the Preliminary
Results. This review covers one respondent, CP Kelco. The petitioner in
this proceeding is the Aqualon Company, a division of Hercules
Incorporated (Petitioner). We invited parties to comment on the
Preliminary Results, and in response, we received a case brief from
Petitioner on September 6, 2012. CP Kelco filed a rebuttal brief on
September 11, 2012. We also invited parties to comment on our post-
preliminary analysis. We received comments from Petitioner and CP Kelco
on January 2 and 3, 2013, respectively, and we received rebuttal
comments from Petitioner and CP Kelco on January 8, 2013.
Period of Review (POR)
The POR is July 1, 2010, through June 30, 2011.
Scope of the Order
The merchandise covered by this order is all purified
carboxymethylcellulose (CMC). A complete description of the scope of
the Order is found in the Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for Import Administration (Issues
and Decision Memorandum), which is dated concurrently with and hereby
incorporated by reference. The Issues and Decision Memorandum is a
public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at http://iaaccess.trade.gov and in the Central
Records Unit (CRU), room 7046 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content. The merchandise subject to this order 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 the
order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
Appendix I.
Changes Since the Preliminary Results
The Department conducted a targeted dumping analysis for these
final results. The Department also corrected certain ministerial
errors, as described in the Memorandum from Tyler Weinhold to the File,
Regarding ``Final Results of the 2010-2011 Administrative Review of
Purified Carboxymethylcellulose (CMC) from Finland: Analysis of Data
Submitted by CP Kelco Oy and CP Kelco U.S. Inc. (collectively, CP
Kelco),'' dated February 5, 2013, and hereby incorporated by reference.
This targeted dumping analysis added an analysis of targeted dumping by
U.S. Census division, as well as the original consideration of targeted
dumping by U.S. Census region.
Final Results of Review
We determine that the following dumping margin exists for the
period July 1, 2010, through June 30, 2011:
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Weighted-average
Manufacturer/Exporter dumping margin
(percentage)
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CP Kelco Oy......................................... 12.06
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.212(b), the Department will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. For assessment purposes, we
calculated importer (or customer)-specific assessment rates for
merchandise subject to this review. Where appropriate, we calculated an
ad valorem rate for each importer (or customer) by dividing the total
dumping margins for reviewed sales to that party by the total entered
values associated with those transactions. For duty assessment rates
calculated on this basis, we will direct CBP to assess the resulting ad
valorem rate against the entered customs values for the subject
merchandise. Where appropriate, we calculated a per-unit rate for each
importer (or customer) by dividing the total dumping margins for
reviewed sales to that party by the total sales quantity associated
with those transactions. For duty-assessment rates calculated on this
basis, we will direct CBP to assess the resulting per-unit rate against
the entered quantity of the subject merchandise. Where an importer
[[Page 11818]]
(or customer)-specific assessment rate is de minimis (i.e., less than
0.50 percent), the Department will instruct CBP to assess that importer
(or customer's) entries of subject merchandise without regard to
antidumping duties, in accordance with 19 CFR 351.106(c)(2). The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
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). This
clarification will apply to entries of subject merchandise during the
POR produced by the company included in these final results of review
for which the reviewed company did not know their merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate un-reviewed entries at the all-others rate if there is no
rate for the intermediate company involved in the transaction.
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 of these
final results, consistent with section 751(a)(1) of the Act: (1) For
the company covered by this review, the cash deposit will be the rate
listed above; (2) if the exporter is not a firm covered in this review,
but was covered in a previous review or the original less than fair
value (LTFV) investigation, 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 review, a prior review, or
the original 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 conducted by the Department, the cash deposit rate will continue
to be 6.65 percent, which is the all-others rate established in the
LTFV investigation. See Notice of Antidumping Duty Order; Purified
Carboxymethylcellulose From Finland; Mexico, the Netherlands and
Sweden, 70 FR 39734 (July 11, 2005). 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 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 doubled antidumping duties.
Administrative Protective Order
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, 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: February 5, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Issues Discussed in the Accompanying Issues and Decision
Memorandum
Issue 1: Authority to Conduct a Targeted Dumping Analysis and Apply
an Alternative Methodology
Issue 2: The Department's Choice of a Targeted Dumping Analysis
Methodology
Issue 3: Region vs. Region and Division Targeted Dumping Analysis
[FR Doc. 2013-03740 Filed 2-19-13; 8:45 am]
BILLING CODE 3510-DS-P