[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 78812-78814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31114]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-811]
Purified Carboxymethylcellulose From the Netherlands: Final
Results of Antidumping Duty Administrative Review and Final No Shipment
Determination; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On August 9, 2013, the Department of Commerce (the Department)
published the preliminary results of the administrative review and
preliminary no shipment determination of the antidumping duty (AD)
order on purified carboxymethylcellulose (CMC) from the Netherlands.
For the final results, we continue to find that sales of subject
merchandise by Akzo Nobel Functional Chemicals, B.V. (Akzo Nobel) were
made at less than normal value, and that CP Kelco, B.V. (CP Kelco) had
no shipments of subject merchandise during the POR.
DATES: Effective Date: December 27, 2013.
FOR FURTHER INFORMATION CONTACT: John Drury 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-
0195, and (202) 482-3019, respectively.
Background
On August 9, 2013, the Department published the preliminary results
of the administrative review of the AD order on purified CMC from the
Netherlands.\1\ We invited interested parties to comment on the
Preliminary Results. We received no comments. The Department has
conducted this administrative review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).
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\1\ See Purified Carboxymethylcellulose From the Netherlands:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary No Shipment Determination; 2011-2012, 78 FR 48649
(August 9, 2013) (Preliminary Results).
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Tolling of Deadlines
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the
[[Page 78813]]
closure of the Federal Government from October 1, through October 16,
2013.\2\ Therefore, all deadlines in this segment of the proceeding
have been extended by 16 days. If the new deadline falls on a non-
business day, in accordance with the Department's practice, the
deadline will become the next business day. The revised deadline for
the final results of this review is now December 26, 2013.
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\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' dated October 18, 2013.
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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.
Determination of No Shipments
As noted in the Preliminary Results,\3\ we received a no-shipment
claim from CP Kelco, and we confirmed this claim with U.S. Customs and
Border Protection (CBP). Because we continue to find that the record
indicates that CP Kelco did not export subject merchandise to the
United States during the POR, we determine that it had no reviewable
transactions during the POR.
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\3\ See Preliminary Results at 48650.
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Our former practice concerning respondents submitting timely no-
shipment certifications was to rescind the administrative review with
respect to those companies if we were able to confirm the no-shipment
certifications through a no-shipment inquiry with CBP.\4\ As a result,
in such circumstances, we normally instructed CBP to liquidate any
entries from the no-shipment company at the deposit rate in effect on
the date of entry.
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\4\ See Antidumping Duties; Countervailing Duties; Final rule,
62 FR 27296, 27393 (May 19, 1997); see also Stainless Steel Sheet
and Strip in Coils from Taiwan: Final Results of Antidumping Duty
Administrative Review, 75 FR 76700, 76701 (December 9, 2010).
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In our May 6, 2003, clarification of the ``automatic assessment''
regulation, we explained that, where respondents in an administrative
review demonstrate that they had no knowledge of sales through
resellers to the United States, we would instruct CBP to liquidate such
entries at the all-others rate applicable to the proceeding.\5\ Because
``as entered'' liquidation instructions do not alleviate the concerns
which the May 2003 clarification was intended to address, we find it
appropriate in this case to instruct CBP to liquidate any existing
entries of merchandise produced by CP Kelco and exported by other
parties at the all-others rate. In addition, we continue to find that
it is more consistent with the May 2003 clarification not to rescind
the review in part in these circumstances but, rather, to complete the
review with respect to CP Kelco and issue appropriate instructions to
CBP based on the final results of this administrative review. See the
``Assessment Rates'' section of this notice below.
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\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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Final Results of Review
We have made no changes to our calculations announced in the
Preliminary Results. Therefore, as a result of our review, we determine
that the following weighted-average dumping margin exists for the
period July 1, 2011, through June 30, 2012:
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weighted-
Producer average margin
(percentage)
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Akzo Nobel Functional Chemicals B.V.................... 0.64
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Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. In accordance with 19 CFR
351.212(b)(1), the Department normally calculates an assessment rate
for each importer of the subject merchandise covered by the review. In
this review, we have calculated, whenever possible, an importer-
specific assessment rate or value for merchandise subject to this
review as described below.
As noted in the Preliminary Results, all of Akzo Nobel's U.S. sales
of CMC were constructed-export-price sales (e.g., sales through Akzo
Nobel's U.S. affiliate to the unaffiliated purchaser in the United
States).\6\ Accordingly, we divided the total dumping margins for the
reviewed sales by the total entered value of those reviewed sales for
each importer. We will direct CBP to assess the resulting percentage
margin against the entered customs values for the subject merchandise
on each importer's respective POR entries.\7\
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\6\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at page 7.
\7\ See 19 CFR 351.212(b).
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The calculated ad valorem rates will be assessed uniformly on all
entries made by the respective importers during the POR. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise by that importer.
As stated above, the Department clarified its ``automatic
assessment'' regulation on May 6, 2003. This clarification will apply
to entries of subject merchandise during the POR produced by reviewed
companies for which these companies did not know their merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\8\
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\8\ For a full discussion of this clarification, see Assessment
Policy Notice.
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The Department intends to issue assessment instructions directly to
CBP 15 days after publication of these final results of review.
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 Tariff Act of 1930, as
amended: (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
[[Page 78814]]
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.\9\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\9\ See Notice of Antidumping Duty Orders: Purified
Carboxymethylcellulose from Finland, Mexico, the Netherlands and
Sweden, 70 FR 39734, 39735 (July 11, 2005).
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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, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-31114 Filed 12-26-13; 8:45 am]
BILLING CODE 3510-DS-P