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BILLING CODE 3510-24-P DEPARTMENT OF COMMERCE International Trade Administration (A-351-832) Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Brazil AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 8, 2004, the Department of Commerce (the Department) published the preliminary results of its first administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Brazil. The review covers one producer of the subject merchandise. The period of review
(POR)is April 15, 2002, through September 30, 2003. Based on our analysis of comments received, these final results do not differ from the preliminary results. The final results are listed below in the Final Results of Review section. EFFECTIVE DATE: May 17, 2005. FOR FURTHER INFORMATION CONTACT: Constance Handley or David Neubacher, at
(202)482-0631 or
(202)482-5823, respectively; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On November 8, 2004, the Department published in the **Federal Register** the preliminary results of the first administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Brazil. *See Notice of Preliminary Results of Antidumping Duty Administrative Review: Carbon and Certain Steel Alloy Steel Wire from Brazil* , 69 FR 64716 (November 8, 2004) (Preliminary Results) We invited parties to comment on the *Preliminary Results* . On January 5, 2005, we received case briefs from the respondent, Companhia Siderúrgica Belgo Mineira, Belgo Mineira Participãç o Indústria e Comércio S.A. and BMP Siderúrgica S.A. (collectively, Belgo), Belgo's affiliate, 1 and the petitioners, Gerdau Ameristeel US Inc., Georgetown Steel Company, Keystone Consolidated Industries, Inc., and North Star Steel Texas, Inc. 2 The respondent and petitioners submitted rebuttal briefs on January 12, 2005. A public hearing was requested, with parties agreeing to limit it to issues raised on the scope inquiry that was initiated in conjunction with this administrative review. 1 Bekaert Corporation (Bekaert U.S.) and N.V. Bekaert S.A. (N.V. Bakaert) (collectively, “Bekaert“). 2 Since the review was initiated, Georgetown Steel Company was purchased by International Steel Group and is now known as ISG Georgetown. As of November 1, 2004, Gerdau Ameristeel completed its purchase of the assets of North Star Steel, and that facility is now part of Gerdau Ameristeel. Scope Issues On October 27, 2004, the Department issued its preliminary ruling concerning the exclusion of grade 1080 tire cord quality wire rod and tire bead quality tire wire rod (1080 TCBQWR). *See* Memorandum from Jesse Cortes, Analyst to Jeffery May, Deputy Assistant Secretary, Re: Carbon and Certain Alloy Steel Wire Rod from Brazil: Preliminary Scope Ruling on Grade 1080 Tire Cord Quality Wire Rod and Tire Bead Quality Wire Rod (October 27, 2004). We received case briefs from Belgo and Bakaert, and the petitioners submitted rebuttal comments. As mentioned above, a public hearing was held on the scope inquiry on January 28, 2005. On May 9, 2005, the Department issued its final ruling on the scope inquiry. *See* Memorandum from David Neubacher, Analyst to Barbara E. Tillman, Acting Deputy Assistant Secretary, Re: Carbon and Certain Alloy Steel Wire Rod from Brazil: Final Scope Ruling on Grade 1080 Tire Cord Quality Wire Rod and Tire Bead Quality Wire Rod ( *Final Scope Ruling* ) (May 9, 2005), which is on file in the Central Records Unit in Room B-099 of the main Commerce building. For the final ruling, we have continued to hold that for entries prior to July 24, 2003, 1080 TCBQWR with inclusions greater than 20 microns measured in any direction, is excluded from the order Scope of the Order Effective July 24, 2003, in accordance with the Department's *Notice of Final Result of Changed Circumstances Review of the Antidumping Duty and Countervailing Duty Orders, and Intent to Revoke Orders in Part* , 68 FR 64079 (November 12, 2003), the scope of this order was amended. Therefore, for purposes of this review, there were separate scopes in effect. These scopes are set forth below. Scope of Order from April 15, 2002, through July 23, 2003 The merchandise subject to this order is certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, 5.00 mm or more, but less than 19.00 mm, in solid cross-sectional diameter. Specifically excluded are steel products possessing the above-noted physical characteristics and meeting the *Harmonized Tariff Schedule of the United States* (HTSUS) definitions for
(a)stainless steel;
(b)tool steel;
(c)high nickel steel;
(d)ball bearing steel; and
(e)concrete reinforcing bars and rods. Also excluded are
(f)free machining steel products ( *i.e.* , products that contain by weight one or more of the following elements: 0.03 percent or more of lead, 0.05 percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of phosphorus, more than 0.05 percent of selenium, or more than 0.01 percent of tellurium). Also excluded from the scope are 1080 grade tire cord quality wire rod and 1080 grade tire bead quality wire rod. This grade 1080 tire cord quality rod is defined as:
(i)grade 1080 tire cord quality wire rod measuring 5.0 mm or more but not more than 6.0 mm in cross-sectional diameter;
(ii)with an average partial decarburization of no more than 70 microns in depth (maximum individual 200 microns);
(iii)having no inclusions greater than 20 microns;
(iv)having a carbon segregation per heat average of 3.0 or better using European Method NFA 04- 114;
(v)having a surface quality with no surface defects of a length greater than 0.15 mm;
(vi)capable of being drawn to a diameter of 0.30 mm or less with 3 or fewer breaks per ton, and
(vii)containing by weight the following elements in the proportions shown:
(1)0.78 percent or more of carbon,
(2)less than 0.01 percent of aluminum,
(3)0.040 percent or less, in the aggregate, of phosphorus and sulfur,
(4)0.006 percent or less of nitrogen, and
(5)not more than 0.15 percent, in the aggregate, of copper, nickel and chromium. This grade 1080 tire bead quality rod is defined as:
(i)grade 1080 tire bead quality wire rod measuring 5.5 mm or more but not more than 7.0 mm in cross-sectional diameter;
(ii)with an average partial decarburization of no more than 70 microns in depth (maximum individual 200 microns);
(iii)having no inclusions greater than 20 microns;
(iv)having a carbon segregation per heat average of 3.0 or better using European Method NFA 04-114;
(v)having a surface quality with no surface defects of a length greater than 0.2 mm;
(vi)capable of being drawn to a diameter of 0.78 mm or larger with 0.5 or fewer breaks per ton; and
(vii)containing by weight the following elements in the proportions shown:
(1)0.78 percent or more of carbon,
(2)less than 0.01 percent of soluble aluminum,
(3)0.040 percent or less, in the aggregate, of phosphorus and sulfur,
(4)0.008 percent or less of nitrogen, and
(5)either not more than 0.15 percent, in the aggregate, of copper, nickel and chromium (if chromium is not specified), or not more than 0.10 percent in the aggregate of copper and nickel and a chromium content of 0.24 to 0.30 percent (if chromium is specified). The designation of the products as “tire cord quality” or “tire bead quality” indicates the acceptability of the product for use in the production of tire cord, tire bead, or wire for use in other rubber reinforcement applications such as hose wire. These quality designations are presumed to indicate that these products are being used in tire cord, tire bead, and other rubber reinforcement applications, and such merchandise intended for the tire cord, tire bead, or other rubber reinforcement applications is not included in the scope. However, should petitioners or other interested parties provide a reasonable basis to believe or suspect that there exists a pattern of importation of such products for other than those applications, end-use certification for the importation of such products may be required. Under such circumstances, only the importers of record would normally be required to certify the end use of the imported merchandise. All products meeting the physical description of subject merchandise that are not specifically excluded are included in this scope. The products under review are currently classifiable under subheadings 7213.91.3010, 7213.91.3015, 7213.91.3090, 7213.91.3092, 7213.91.4510, 7213.91.4590, 7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 7227.90.6053, 7227.90.6058, and 7227.90.6059 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. Scope of Order from July 24, 2003, through the POR The merchandise subject to this order is certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, 5.00 mm or more, but less than 19.00 mm, in solid cross-sectional diameter. Specifically excluded are steel products possessing the above-noted physical characteristics and meeting the HTSUS definitions for
(a)stainless steel;
(b)tool steel; c) high nickel steel;
(d)ball bearing steel; and
(e)concrete reinforcing bars and rods. Also excluded are
(f)free machining steel products ( *i.e.* , products that contain by weight one or more of the following elements: 0.03 percent or more of lead, 0.05 percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of phosphorus, more than 0.05 percent of selenium, or more than 0.01 percent of tellurium). Also excluded from the scope are 1080 grade tire cord quality wire rod and 1080 grade tire bead quality wire rod. This grade 1080 tire cord quality rod is defined as:
(i)grade 1080 tire cord quality wire rod measuring 5.0 mm or more but not more than 6.0 mm in cross-sectional diameter;
(ii)with an average partial decarburization of no more than 70 microns in depth (maximum individual 200 microns);
(iii)having no non-deformable inclusions greater than 20 microns and no deformable inclusions greater than 35 microns;
(iv)having a carbon segregation per heat average of 3.0 or better using European Method NFA 04-114;
(v)having a surface quality with no surface defects of a length greater than 0.15 mm;
(vi)capable of being drawn to a diameter of 0.30 mm or less with 3 or fewer breaks per ton, and
(vii)containing by weight the following elements in the proportions shown:
(1)0.78 percent or more of carbon,
(2)less than 0.01 percent of aluminum,
(3)0.040 percent or less, in the aggregate, of phosphorus and sulfur,
(4)0.006 percent or less of nitrogen, and
(5)not more than 0.15 percent, in the aggregate, of copper, nickel and chromium. This grade 1080 tire bead quality rod is defined as:
(i)grade 1080 tire bead quality wire rod measuring 5.5 mm or more but not more than 7.0 mm in cross-sectional diameter;
(ii)with an average partial decarburization of no more than 70 microns in depth (maximum individual 200 microns);
(iii)having no non-deformable inclusions greater than 20 microns and no deformable inclusions greater than 35 microns;
(iv)having a carbon segregation per heat average of 3.0 or better using European Method NFA 04-114;
(v)having a surface quality with no surface defects of a length greater than 0.2 mm;
(vi)capable of being drawn to a diameter of 0.78 mm or larger with 0.5 or fewer breaks per ton; and
(vii)containing by weight the following elements in the proportions shown:
(1)0.78 percent or more of carbon,
(2)less than 0.01 percent of soluble aluminum,
(3)0.040 percent or less, in the aggregate, of phosphorus and sulfur,
(4)0.008 percent or less of nitrogen, and
(5)either not more than 0.15 percent, in the aggregate, of copper, nickel and chromium (if chromium is not specified), or not more than 0.10 percent in the aggregate of copper and nickel and a chromium content of 0.24 to 0.30 percent (if chromium is specified). For purposes of the grade 1080 tire cord quality wire rod and the grade 1080 tire bead quality wire rod, an inclusion will be considered to be deformable if its ratio of length (measured along the axis - that is, the direction of rolling - of the rod) over thickness (measured on the same inclusion in a direction perpendicular to the axis of the rod) is equal to or greater than three. The size of an inclusion for purposes of the 20 microns and 35 microns limitations is the measurement of the largest dimension observed on a longitudinal section measured in a direction perpendicular to the axis of the rod. This measurement methodology applies only to inclusions on certain grade 1080 tire cord quality wire rod and certain grade 1080 tire bead quality wire rod that are entered, or withdrawn from warehouse, for consumption on or after July 24, 2003. The designation of the products as “tire cord quality” or “tire bead quality” indicates the acceptability of the product for use in the production of tire cord, tire bead, or wire for use in other rubber reinforcement applications such as hose wire. These quality designations are presumed to indicate that these products are being used in tire cord, tire bead, and other rubber reinforcement applications, and such merchandise intended for the tire cord, tire bead, or other rubber reinforcement applications is not included in the scope. However, should petitioners or other interested parties provide a reasonable basis to believe or suspect that there exists a pattern of importation of such products for other than those applications, end-use certification for the importation of such products may be required. Under such circumstances, only the importers of record would normally be required to certify the end use of the imported merchandise. All products meeting the physical description of subject merchandise that are not specifically excluded are included in this scope. The products under review are currently classifiable under subheadings 7213.91.3010, 7213.91.3015, 7213.91.3090, 7213.91.3092, 7213.91.4510, 7213.91.4590, 7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 7227.90.6053, 7227.90.6058, and 7227.90.6059 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. 3 3 Effective January 1, 2004, U.S. Customs and Border Protection
(CBP)reclassified certain HTSUS numbers related to the subject merchandise. *See* http://hotdocs.usitc.gov/tariff_chapters_current/toc.html. Analysis of Comments Received The issues raised in the case briefs by parties to this administrative review are addressed in the *Issues and Decision Memorandum* to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, from Barbara E. Tillman, Acting Deputy Assistant Secretary ( *Decision Memorandum* ), and the *Final Scope Ruling* which is hereby adopted by this notice. A list of the issues addressed in the *Decision Memorandum* is appended to this notice. The *Decision Memorandum* is on file in the Central Records Unit in Room B-099 of the main Commerce building, and can also be accessed directly on the Web at www.ia.ita.doc.gov/frn. The paper copy and electronic version of the *Decision Memorandum* are identical in content. Changes Since the Preliminary Results No changes have been made since the *Preliminary Results* . Our decisions regarding issues raised in the case briefs are discussed in detail in the *Decision Memorandum* and the *Final Scope Ruling* . Final Results of Review As a result of our review, we determine that the following weighted-average margin exists for the period of April 15, 2002, through September 30, 2003: Producer Weighted-Average Margin (Percentage) Companhia Siderúrgica Belgo Mineira, Belgo Mineira Participãço Indústria e Comércio S.A. and BMP Siderúrgica S.A. 98.69 Assessment The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The Department calculated importer-specific duty assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above *de minimis* , we will instruct CBP to assess duties on all entries of subject merchandise by that importer. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. Cash Deposits Furthermore, the following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of carbon and certain alloy steel wire rod from Brazil entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Tariff Act of 1930, as amended (the Act):
(1)for companies covered by this review, the cash deposit rate will be the rate listed above;
(2)for merchandise exported by producers or exporters not covered in this review but covered in the investigation, the cash deposit rate will continue to be the company-specific rate from the final determination;
(3)if the exporter is not a firm covered in this review or the investigation, but the producer is, the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the final determination; and
(4)if neither the exporter nor the producer is a firm covered in this review or the investigation, the cash deposit rate will be 74.35 percent, 4 the “All Others” rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until publication of the final results of the next administrative review. 4 Please note that the instructions sent to Customs and Border Protection will reduce the rate by the amount of the export subsidy. 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 in the subsequent assessment of double antidumping duties. This notice also is 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 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 the terms of an APO is a sanctionable violation. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 9, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX *Comment 1:* Normal Value Adjustment for ICMS taxes *Comment 2:* U.S. Price Adjustment for Duty Drawback *Comment 3:* Adjustment for Commissions *Comment 4:* Affiliated Parties *Comment 5:* Special Rule for Products Further Manufactured in the United States *Comment 6:* Final Scope Ruling [FR Doc. E5-2471 Filed 5-16-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-570-822 Certain Helical Spring Lock Washers from the People's Republic of China: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 17, 2005. SUMMARY: On November 9, 2004, the Department of Commerce (the Department) published in the **Federal Register** the preliminary results of the administrative review of the antidumping duty order on certain helical spring lock washers (HSLWs) from the People's Republic of China (the PRC). We gave interested parties an opportunity to comment on the preliminary results. Based upon our analysis of the comments and information received, we made changes to the dumping margin calculations for the final results. We find that certain HSLWs from the PRC were not being sold in the United States below normal value by Hangzhou Spring Washer Co., Ltd. (Hangzhou) during the period October 1, 2002, through September 30, 2003. FOR FURTHER INFORMATION CONTACT: Marin Weaver at
(202)482-2336 or Cathy Feig at
(202)482-3962; AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Case History The preliminary results in this administrative review were published on November 9, 2004. *See Certain Helical Spring Lock Washers from the PRC; Preliminary Results of Antidumping Duty Administrative Review* , 69 FR 64903 ( *Preliminary Results* ). Since the *Preliminary Results* , the following events have occurred. On December 10, 2004, Hangzhou submitted its case brief. Shakeproof Assembly Components Division of Illinois Tool Works, Inc. (Shakeproof), a domestic interested party, filed one “bracketing-not-final” copy of its case brief on December 10, 2004, and the final proprietary version on December 13, 2004. Both Shakeproof and Hangzhou submitted rebuttal briefs on December 17, 2004. On March 8, 2005, we extended the deadline for the final results of this review from March 9, 2005, to May 8, 2005. *See Notice of Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review: Certain Helical Spring Lock Washers from the People's Republic of China* , 70 FR 11193 (March 8, 2005). Scope of the Order The products covered by the order are HSLWs of carbon steel, of carbon alloy steel, or of stainless steel, heat-treated or non-heat-treated, plated or non-plated, with ends that are off-line. HSLWs are designed to:
(1)function as a spring to compensate for developed looseness between the component parts of a fastened assembly;
(2)distribute the load over a larger area for screws or bolts; and
(3)provide a hardened bearing surface. The scope does not include internal or external tooth washers, nor does it include spring lock washers made of other metals, such as copper. HSLWs subject to the order are currently classifiable under subheading 7318.21.0030 of the *Harmonized Tariff Schedule of the United States* (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this proceeding and to which we have responded are listed in the *Appendix* to this notice and addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. Parties can find a complete discussion of the issues raised in this administrative review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit (CRU), room B-099 of the main Department building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://ia.ita.doc.gov/fm. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Price Comparisons We calculated export price and normal value based on the same methodology used in the *Preliminary Results* with the following exceptions: We calculated the surrogate financial ratios using the 2003 Reserve Bank of India
(RBI)Bulletin instead of the 1997 RBI Bulletin. Additionally, we did not apply overhead to the plating costs and we have calculated brokerage and handling on a per-piece basis instead of a per-kilogram basis. Finally, we corrected our calculation of distances from the suppliers for each applicable input. See the accompanying Issues and Decision Memorandum and the Final Results Calculation Memorandum for Hangzhou Spring Washer Co., Ltd., dated May 9, 2005, for a full discussion of the issues and application of the changes. Final Results of Review The weighted-average dumping margin for the POR is as follows: Manufacturer/exporter Margin (percent) Hangzhou Spring Washer Co., Ltd. 0.00 Assessment Rates In accordance with 19 CFR 351.212(b)(1), we have calculated importer (or customer)-specific assessment rates for the merchandise subject to this review. To determine whether the duty assessment rates were *de minimis* , in accordance with the requirement set forth in 19 CFR 351.106(c), we calculated importer (or customer)-specific *ad valorem* rates by aggregating the dumping margins calculated for all U.S. sales to that importer (or customer) and dividing this amount by the total entered value of the sales to that importer (or customer). Where an importer (or customer)-specific *ad valorem* rate was greater than *de minimis* , we will direct U.S. Customs and Border Protection
(CBP)to apply the *ad valorem* assessment rates against the entered value of each of the importer's (or customer's) entries during the review period. Where an importer (or customer) -specific *ad valorem* rate was *de minimis* , we will instruct CBP to liquidate without regard to antidumping duties. All other entries of the subject merchandise during the POR will be liquidated at the antidumping duty rate in place at the time of entry. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. Cash Deposit Requirements The following cash deposit rates will be effective upon publication of these final results for all shipments of HSLWs from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice, as provided for by section 751(a)(1) of the Tariff Act of 1930, as amended (the Act):
(1)the cash deposit rate for Hangzhou will be zero;
(2)for a company previously found to be entitled to a separate rate and for which no review was requested, the cash deposit rate will be the rate established in the most recent review of that company;
(3)for all other PRC exporters of subject merchandise, the rate will be the PRC country-wide rate of 128.63 percent, which is the “All Other PRC Manufacturers, Producers and Exporters” rate from the *Final Determination of Sales at Less Than Fair Value: Certain Helical Spring Lock Washers from the PRC* , 58 FR 48833 (September 20, 1993); and
(4)for non-PRC exporters of subject merchandise from the PRC, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that exporter. These deposit rates shall remain in effect until publication of the final results of the next administrative review. Notification to Importers 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. Notification Regarding APOs 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 these results and notice in accordance with sections 751(a) and 777(i) of the Act. Date: May 9, 2005. Joseph A Spetrini, Acting Assistant Secretary for Import Administration. Appendix I--Decision Memorandum *Comment 1:* Use of Steel Wire Rod from the United Kingdom *Comment 2:* Plating Factor vs. Plating Services *Comment 3:* Labor Rate *Comment 4:* Offsetting for Negative Margins *Comment 5:* By-Product Offset *Comment 6:* Calculation of Brokerage and Handling Cost *Comment 7:* Steel Wire Rod Inputs *Comment 8:* Financial Ratios *Comment 9:* Valuation of Steel Scrap *Comment 10:* Hydrochloric Acid *Comment 11:* Joint Venture *Comment 12:* Application of Overhead to COM [FR Doc. E5-2465 Filed 5-16-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-485-806) Notice of Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products from Romania AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 17,2005. FOR FURTHER INFORMATION CONTACT: David Layton or Paul Stolz, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0371 and
(202)482-4474, respectively. SUPPLEMENTARY INFORMATION: On April 13, 2005, the Department of Commerce (the Department) published in the **Federal Register** a notice extending the final results of the administrative review of the antidumping duty order on certain cut-to-length carbon steel plate from Romania by 30 days until no later than May 6, 2005. *See Notice of Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products from Romania* 70 FR 19417 (April 13, 2005). Extension of Time Limit for Final Results Section 751(a)(3)(A) of the Trade Act as amended (the Act) provides that the Department may extend the time limit for completion of the final results of an administrative review to a maximum of 180 days if it determines that it is not practicable to complete the final results within the statutory time limit of 120 days from the date on which the preliminary results were published. The Department has determined that due to the complexity of the issues arising from Romania's graduation to market economy status during the review period, it is not practicable to complete this review within the time limits mandated by section 751(a)(3)(A) of the Act and section 351.213(h)(1) of the Department's regulations. Therefore, the Department is extending the time limit for the completion of these final results to 180 days. Accordingly, the final results of this review will now be due no later than June 6, 2005, which is the first business day after 180 days from the publication of the preliminary results. This notice is published in accordance with section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department's regulations. Dated: May 6, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-2468 Filed 5-16-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-421-811) Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from the Netherlands AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 16, 2004, the U.S. Department of Commerce (the Department) made its preliminary determination in the antidumping duty investigation of purified carboxymethylcellulose
(CMC)from the Netherlands, which was amended on February 3, 2005, pursuant to comments received by Noviant B.V. We gave interested parties an opportunity to comment on the preliminary and amended determinations. Based upon the results of verification and our analysis of the comments received, we have made certain changes. We continue to find that purified CMC from the Netherlands was sold in the United States below normal value during the period of investigation. The final weighted-average dumping margins are listed below in the section entitled “Continuation of Suspension of Liquidation.” EFFECTIVE DATE: May 17, 2005. FOR FURTHER INFORMATION CONTACT: Angelica Mendoza, John Drury, David Kurt Kraus or Judy Lao, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-3019,
(202)482-0195,
(202)482-7871, or
(202)482-7924, respectively. SUPPLEMENTARY INFORMATION: Background On December 16, 2004, the Department determined that purified 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 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) ( *Preliminary Determination* ). The two companies that the Department is investigating are Noviant B.V. (Noviant) and Akzo Nobel Surface Chemistry (ANSC). The Department released disclosure materials to interested parties on December 21, 2004. On December 27, 2004, respondent Noviant submitted a letter to the Department alleging significant ministerial errors as defined by section 351.224(g) of the Department's regulations. On December 30, 2004, Aqualon Company (petitioner) also submitted a letter to the Department alleging an additional ministerial error. ANSC did not allege ministerial errors with respect to the Department's calculation of its preliminary dumping margin. On January 21, 2005, petitioner and Noviant requested that a public hearing be held for this case. From January 31, 2005, through February 4, 2005, Department officials verified constructed value information submitted by Noviant. *See* Memorandum to Neal M. Halper, Director, Office of Accounting, through Theresa L. Caherty, Program Manager, “Verification Report on the Constructed Value Data Submitted by Noviant BV,” dated March 17, 2005. On February 3, 2005, the Department published its amended preliminary determination of the antidumping duty investigation of purified CMC from the Netherlands. *See Amended Preliminary Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from the Netherlands* , 70 FR 5609 (February 3, 2005) ( *Amended Preliminary Determination* ). *See also* Memorandum to Richard O. Weible, Director, Office 7, “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. Since the *Amended Preliminary Determination* , the following events have occurred: From February 14, 2005, through February 16, 2005, the Department verified U.S. sales information submitted by Noviant Inc. See the Memorandum to the File, through Abdelali Elouaradia, Program Manager, Office 7, “Verification of U.S. Sales Information Submitted by Noviant Inc.,” dated March 17, 2005. From February 21, 2005, through February 23, 2005, the Department verified U.S. sales information submitted by Akzo Nobel Cellulosic Specialties, Inc. (AN-US), ANSC's U.S. affiliate. See the Memorandum to the File, through Abdelali Elouaradia, Program Manager, Office 7, “Verification of U.S. Sales Information Submitted by AN-US,” dated March 24, 2005. From February 21, 2005, through February 25, 2005, Department officials verified third country and U.S. sales information submitted by Noviant. See the Memorandum to the File, through Abdelali Elouaradia, Program Manager, Office 7, “Verification of Third Country and U.S. Sales Information Submitted by Noviant B.V. (Noviant BV),” dated March 17, 2005. From February 28, 2005, to March 4, 2005, Department officials verified home and U.S. market sales data submitted by ANSC. *See* the Memorandum to the File, through Abdelali Elouaradia, Program Manager, Office 7, “Verification of Home Market and U.S sales in the Netherlands,” dated March 31, 2005. On March 24, 2005, petitioner submitted comments for consideration in the Department's final margin calculation for Noviant and withdrew its request for a public hearing; and Noviant submitted its case brief. On March 25, 2005, Noviant withdrew its January 21, 2005, request for a public hearing. Since both parties withdrew their hearing requests, we did not hold a public hearing for this case. On March 29, 2005, petitioner filed its rebuttal brief in response to arguments made by Noviant in its case brief. Noviant did not file a rebuttal brief. On April 6, 2005, ANSC filed its case brief regarding the Department's March 31, 2005, verification report. Petitioner did not file any briefs or rebuttal briefs to coincide with ANSC's submission. Scope of Investigation For purposes of this investigation, the products covered are 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 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. Period of Investigation The period of investigation
(POI)is April 1, 2003, through March 31, 2004. This period corresponds to the four most recent fiscal quarters prior to the filing of the petition on June 9, 2004. Fair Value Comparisons We calculated constructed export price, export price, and normal value based on the same methodologies used in the *Preliminary Determination and Amended Preliminary Determination* for Noviant. However, we made the following changes: *Noviant* We used the third country and U.S. sales databases submitted by Noviant after verification, which included revisions for minor corrections and findings from verification. We revised our treatment of the indirect selling expense calculation of Noviant Pte., an affiliate of Noviant that handles all of its sales to Asia. *See* the Memorandum from Barbara E. Tillman to Joseph A. Spetrini, “Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Purified Carboxymethylcellulose from the Netherlands,” dated May 10, 2005 (Decision Memo) at Comment 2. We corrected an inadvertent error in the Department's preliminary calculation of certain movement expenses incurred on sales by Noviant, which was not corrected in our *Amended Preliminary Determination* . *See* Decision Memo at Comment 3. We applied facts available to account for certain unreported U.S. sales of subject merchandise. We made an adjustment to account for the bad debt expenses incurred by Noviant. We revised Noviant's reported inventory carrying costs to reflect corrections presented at verification and to correct for errors discovered in our preliminary inventory carrying cost calculations. We used the shipment dates as the date of sale for sales where the date of shipment occurred prior to the issuance of an invoice. For a detailed discussion of the changes made to Noviant's final margin calculation, *see* the Memorandum to File, through Abdelali Elouaradia, Program Manager, Office 7, “Noviant's Final Determination Calculation Memorandum,” dated May 10, 2005. *ANSC* We used the U.S. database submitted by ANSC after verification in our margin calculations, which includes the minor corrections presented at verification. We made no changes to ANSC's final margin calculation, *see* the Memorandum to File, through Abdelali Elouaradia, Program Manager, Office 7, “ANSC's Final Determination Calculation Memorandum,” dated May 10, 2005. Constructed Value We calculated constructed value
(CV)for Noviant based on the same methodologies used in the *Preliminary Determination* . However, we revised Noviant's general and administrative (G&A), research and development (R&D) and financial expense ratios consistent with the summary of findings section of the cost verification report. See Memorandum to Neal Halper, Director, Office of Accounting, through Theresa L. Caherty, Program Manager, “Constructed Value Calculation Adjustments for the Final Determination - Noviant BV,” dated May 10, 2005. Verifications As provided in section 782(i)(1) of the Act, we verified the information submitted by the respondents during January and February 2005. We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the respondents. Analysis of Comments Received All issues raised in the petitioner's and the respondents' case and rebuttal briefs are addressed in the May 10, 2005, Decision Memo, which is hereby adopted by this notice. Attached to this notice as an appendix is a list of the issues that the petitioner and the respondents have raised and to which we have responded in the Decision Memo. Parties can find a complete discussion of all issues raised in this investigation and the corresponding recommendations in this public memorandum, which is on file in the Department's Central Record Unit (CRU), room B-099 of the main Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn/summary/list.htm. The paper copy and electronic version of the Decision Memo are identical in content. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B)(ii) of the Act, we are directing the U.S. Customs and Border Protection
(CBP)to continue to suspend liquidation of all imports of subject merchandise from the Netherlands that are entered, or withdrawn from warehouse, for consumption on or after December 27, 2004, the date of publication of the *Preliminary Determination* in the **Federal Register** . The CBP shall continue to require a cash deposit or the posting of a bond equal to the weighted-average amount by which the NV exceeds the EP or CEP, as indicated in the chart below. These suspension-of-liquidation instructions will remain in effect until further notice. The weighted-average dumping margins are as follows: Manufacturer/Exporter POI Weighted-Average Margin (percent) Akzo Nobel Surface Chemistry 04/01/03 - 03/31/04 13.39 Noviant BV 04/01/03 - 03/31/04 14.88 All Others 04/01/03 - 03/31/04 14.57 See Memoranda to the File, Final Determination Analysis for ANSC and Noviant, respectively, dated May 10, 2005. Public versions of our analysis memoranda are on file in the CRU. ITC Notification In accordance with section 735(d) of the Act, we have notified the U.S. International Trade Commission
(ITC)of our determination. As our final determination is affirmative, the ITC will, within 45 days, determine whether these imports are materially injuring, or threatening material injury to, the U.S. industry. If the ITC determines that material injury, or threat of material injury, does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order. Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.305 of the Department's regulations. Timely notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: May 10, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX List of Issues Noviant 1. Request for Scope Modification to Exclude Certain CMC Products 2. Treatment of Noviant Pte. Ltd.'s Indirect Selling Expenses 3. Ministerial Error Allegation Relating to Noviant's Net U.S. Price Calculations ANSC 4. ANSC's Reporting Methodology for Certain U.S. Sales [FR Doc. E5-2466 Filed 5-16-05; 8:45 am] [Billing Code: 3510-DS-S] DEPARTMENT OF COMMERCE International Trade Administration (A-401-808) Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose From Sweden AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 27, 2004, the Department of Commerce published the preliminary determination in the antidumping duty investigation of purified carboxymethylcellulose
(CMC)from Sweden. See *Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethylcellulose From Sweden* , 69 FR 77213 (“ *Preliminary Determination* ”). The period of investigation
(POI)is April 1, 2003, through March 31, 2004. The mandatory respondent, Noviant AB, did not respond to Sections B and C of the Department's questionnaire. Accordingly, we based the preliminary determination on adverse facts available, and applied the highest estimated dumping margin set forth in the notice of initiation. We gave interested parties an opportunity to comment on the preliminary determination, but no comments were received and no hearing was requested. Therefore, we have made no changes from the preliminary determination that CMC was sold in the United States at less than fair value
(LTFV)during the period of investigation. The final weighted-average dumping margins are listed below in the section entitled “Continuation of Suspension of Liquidation.” EFFECTIVE DATE: May 17, 2005. FOR FURTHER INFORMATION CONTACT: Helen M. Kramer at 202-482-0405 or Abdelali Elouaradia at 202-482-1374, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Period of Investigation The POI corresponds to the four most recent fiscal quarters prior to the filing of the petition, April 1, 2003, through March 31, 2004. See 19 CFR 351.204(b)(1). Scope of Investigation For purposes of this investigation, the products covered are 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 carboxymethylcellulose 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. Final Determination The Department of Commerce (the Department) has determined that purified carboxymethylcellulose
(CMC)from Sweden is being sold, or is likely to be sold, in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (“the Act”). The final weighted-average dumping margins are listed below in the section entitled “Continuation of Suspension of Liquidation.” Use of Facts Otherwise Available As explained in the *Preliminary Determination* , because Noviant AB failed to respond to our request for information that is necessary to calculate the dumping margin, we have found that the company failed to cooperate to the best of its ability. Therefore, pursuant to section 776(b) of the Act, we have used an adverse inference in selecting from the facts available for the margin for this company. As adverse facts available, we have applied the highest estimated dumping margin set forth in the notice of initiation, which is the margin alleged in the petition, adjusted by the Department for currency conversion. Section 776(c) of the Act provides that the Department shall, to the extent practicable, corroborate secondary information used for facts available by reviewing independent sources reasonably at its disposal. Information from the petitioner constitutes secondary information. The Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1, at 870 (1994), provides that the word “corroborate” means that the Department will satisfy itself that the secondary information to be used has probative value. We examined the key elements of the export price and normal value calculations on which the margin in the petition was based. We found that the estimated margin has probative value, adjusted by the Department for currency conversion. See Memorandum to the File from Helen M. Kramer, International Trade Compliance Analyst, Re: Preliminary Determination in the Antidumping Investigation of Purified Carboxymethylcellulose
(CMC)from Sweden: Total Facts Available Corroboration Memorandum, dated December 16, 2004. Furthermore, there is no information on the record that demonstrates that the rate we have selected is an inappropriate total adverse facts available rate for the company in question. Accordingly, we find that the highest margin based on that information, 25.29 percent, is corroborated within the meaning of section 776(c) of the Act. Therefore, we consider the selected rate to have probative value with respect to Noviant AB and to reflect the appropriate adverse inference. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B)(ii) of the Act, we are directing U.S. Customs and Border Protection (“CBP”) to continue to suspend liquidation of all entries of purified CMC from Sweden that are entered, or withdrawn from warehouse, for consumption on or after December 27, 2004, the date of publication of the Preliminary Determination in the **Federal Register** . CBP shall continue to 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, as indicated in the chart below. These suspension-of-liquidation instructions will remain in effect until further notice. The weighted-average dumping margins are as follows: Manufacturer/exporter Weighted-Average Margin (percent) Noviant AB 25.29 All Others 25.29 International Trade Commission Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (“ITC”) of our determination. As our final determination is affirmative, the ITC will, within 45 days, determine whether these imports are materially injuring, or threatening material injury to, the U.S. industry. If the ITC determines that material injury, or threat of material injury, does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order. This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination is issued and published pursuant to sections)735(d) and 777(i)(1) of the Act. Dated: May 10, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-2467 Filed 5-16-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-405-803) Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose From Finland AGENCY: AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that purified carboxymethylcellulose
(CMC)from Finland is being, or is likely to be, sold in the United States at less than fair value, as provided in section 735 of the Tariff Act of 1930, as amended (the Tariff Act). The final weighted-average dumping margins are listed below in the section entitled “Continuation of Suspension of Liquidation.” EFFECTIVE DATE: May 17, 2005. FOR FURTHER INFORMATION CONTACT: Brian J. Sheba, or Robert M. 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)482-0145 or
(202)482-0469 respectively. SUPPLEMENTARY INFORMATION: Background Since the publication of the preliminary determination of this investigation ( *see* *Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethylcellulose From Finland* , 69 FR 77216 (December 27, 2004) ( *Preliminary Determination* ), the following events have occurred. On January 28, 2005, we received a case brief from Aqualon Company (the petitioner) and on February 2, 2005, we received a rebuttal brief from Noviant OY (Noviant). Noviant did not file a case brief. Petitioner withdrew its request for a public hearing on March 4, 2005. Scope of the Investigation For purposes of this investigation, the products covered are 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 carboxymethylcellulose 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. Period of Investigation The period of investigation
(POI)is April 1, 2003, through March 31, 2004. See 19 CFR 351.204(b)(1). Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the “Issues and Decision Memorandum for the Final Determination in the Antidumping Duty Investigation of Purified Carboxymethylcellulose from Finland” from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated May 10, 2005 (Decision Memorandum), which is hereby adopted by this notice. Attached to this notice as an appendix is a list of the issues which parties have raised and to which we have responded in the Decision Memorandum. Parties can find a complete discussion of all issues raised in this investigation and the corresponding recommendations in this public memorandum which is on file in the Department's Central Records Unit (CRU). In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision Memorandum are identical in content. Adverse Facts Available For the final determination, the Department continues to find that Noviant, a producer and exporter of purified CMC from Finland, and mandatory respondent in these proceedings, did not act to the best of its ability by failing to provide information requested by the Department. Thus, the Department continues to find the use of adverse facts available
(AFA)is warranted under section 776(a)(2) of the Tariff Act. See Preliminary Determination at 77217 - 77219. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Tariff Act, we are directing U.S. Customs and Border Protection
(CBP)to continue to suspend liquidation of all imports of subject merchandise from Finland that are entered, or withdrawn from warehouse, for consumption on or after *December 27, 2004, the date of publication of the Preliminary Determination in the Federal Register* . CBP shall continue to require a cash deposit or the posting of a bond equal to the weighted-average amount by which the normal value
(NV)exceeds the export price
(EP)or constructed export price (CEP), as indicated in the chart below. These suspension-of-liquidation instructions will remain in effect until further notice. The weighted- average dumping margins are as follows: Manufacturer/exporter Weighted-Average Margin (percent) Noviant OY 6.65 All Others 6.65 ITC Notification In accordance with section 735(d) of the Tariff Act, we have notified the International Trade Commission
(ITC)of our determination. As our final determination is affirmative, the ITC will, within 45 days, determine whether these imports are materially injuring, or threatening material injury to, the U.S. industry. If the ITC determines that material injury, or threat of material injury, does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order pursuant to section 736(a) of the Act. Notification Regarding APOs This notice also serves as the only reminder to parties subject to the administrative protective order
(APO)of their responsibility concerning the disposition 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 return/destruction of APO material or conversion to judicial protective order is hereby requested. Failure to comply with the regulation and the terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: May 10, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Appendix I: List of Comments in the Issues and Decision Memorandum 1. Selection of Adverse Facts Available Margin [FR Doc. E5-2469 Filed 5-16-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-201-834) Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from Mexico AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 27, 2004, the U.S. Department of Commerce (the Department) published a preliminary determination in the antidumping duty investigation of purified carboxymethylcellulose
(CMC)from Mexico (69 FR 77201). The petitioner is Aqualon Company (Aqualon or petitioner), a division of Hercules Incorporated. The respondent is Quimica Amtex S.A. de C.V. of Mexico (Amtex). We gave interested parties an opportunity to comment on the preliminary determination. No interested party submitted case briefs, and no hearing was held. Based upon the results of verification, we have made certain minor changes to the dumping calculations. We continue to find that purified CMC from Mexico is being, or is likely to be, sold in the United States at less than fair value
(LTFV)as provided in section 735 of the Tariff Act. The final weighted-average dumping margins are listed below in the section entitled “Continuation of Suspension of Liquidation.” EFFECTIVE DATE: May 17, 2005. FOR FURTHER INFORMATION CONTACT: Mark Flessner 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)482-6312 or
(202)482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On December 16, 2004, the Department determined that purified CMC from Mexico is being, or is likely to be, sold in the United States at less than fair value, as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). *See* *Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethylcellulose from Mexico* , 69 FR 77201 (December 27, 2004) ( *Preliminary Determination* ). The Department released disclosure materials to interested parties on December 22, 2004. From February 21, 2005, through February 25, 2005, the Department verified the questionnaire responses of Amtex. See Memorandum to the File, from Robert James and Mark Flessner, Office VII, “Purified Carboxymethylcellulose from Mexico: Verification of Quimica Amtex, S.A. de C.V.,” dated April 8, 2005 ( *Verification* *Report* ). On December 21, 2004, Amtex submitted a proposal for a suspension agreement in this investigation. On January 18, 2005, petitioner filed a letter expressing support for the Amtex proposal. The Department did not find that the circumstances surrounding this investigation warranted departing from the Department's normal course in concluding an investigation. ( *See* Letter from Grant D. Aldonas, Under Secretary for International Trade, to Lic. Juan Antonio Garcia Villa, Subsecretario de Normatividad, dated March 4, 2005, and Letter from Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, to the Honorable Ken Smith Ramos, Director General for International Trade Negotiations, dated May 6, 2005, which is on the public file in the Department's Central Record Unit (CRU), room B-099 of the main Commerce building.) Neither party submitted case briefs, and no hearing was held. Scope of Investigation For purposes of this investigation, the products covered are 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 investigation 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 this investigation is dispositive. Period of Investigation The period of investigation
(POI)is April 1, 2003, through March 31, 2004. This period corresponds to the four most recent fiscal quarters prior to the filing of the petition on June 9, 2004. Fair Value Comparisons We calculated export price and normal value based on the same methodologies used in the *Preliminary Determination* . We used the home market and U.S. sales databases submitted by Amtex after verification, which included minor corrections presented at the beginning of verification and findings from verification. ( *See* Memorandum to the File from Mark Flessner, Case Analyst, through Robert James, Program Manager, dated May 10, 2005 ( *Analysis* *Memo* ), at section II; *see* *also* *Verification* *Report* .) Cost of Production and Constructed Value We calculated the cost of production and constructed value for Amtex based on the same methodologies used in the *Preliminary* *Determination* . Verifications As provided in section 782(i)(1) of the Act, we verified the information submitted by respondents during the period February 21 through 25, 2005. *See* *Verification* *Report* . We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the respondents. Analysis of Comments Received We did not receive any interested party comments on our preliminary decision or on our *Verification* *Report* . Therefore, there is no Issues and Decisions Memorandum for this final determination. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B)(ii) of the Act, we are directing the U.S. Customs and Border Protection
(CBP)to continue to suspend liquidation of all imports of subject merchandise from Mexico that are entered, or withdrawn from warehouse, for consumption on or after December 27, 2004, the date of publication of the *Preliminary Determination* in the **Federal Register** . The CBP shall continue to require a cash deposit or the posting of a bond equal to the weighted-average amount by which the NV exceeds the EP, as indicated in the chart below. These suspension-of-liquidation instructions will remain in effect until further notice. The weighted-average dumping margins are as follows: Producer POI Weighted-Average Margin (percent) Quimica Amtex, S.A. de C.V. 04/01/03 - 03/31/04 12.61 All Others 04/01/03 - 03/31/04 12.61 *See* Memorandum to the File, Final Determination Analysis for Quimica Amtex, S.A. de C.V., dated May 10, 2005. Public versions of the analysis memorandum are on file in the CRU. ITC Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission
(ITC)of our determination. As our final determination is affirmative, the ITC will, within 45 days, determine whether these imports are materially injuring, or threatening material injury to, the United States industry. If the ITC determines that material injury, or threat of material injury, does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order. Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: May 10, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-2470 Filed 5-16-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade Advisory Committee (ETTAC) AGENCY: International Trade Administration, U.S. Department of Commerce. ACTION: Notice of open meeting. *Date:* May 20, 2005. *Time:* 9 a.m. to 3 p.m. *Place:* MWH Global, 175 W. Jackson Blvd., Suite 1900, Chicago, IL. SUMMARY: The Environmental Technologies Trade Advisory Committee (ETTAC) will hold a plenary meeting on May 20, 2005, at the MWH Global. The ETTAC will discuss Trade Liberalization of Environmental Goods and Services in the World Trade Organization and the results of the ETTAC Survey on Priority Markets. The afternoon session will include a discussion of the Environmental Law and Policy Center's work with Renewable Energy Sources. The meeting is open to the public and time will be permitted for public comment. Written comments concerning ETTAC affairs are welcome anytime before or after the meeting. Minutes will be available within 30 days of this meeting. The ETTAC is mandated by Public Law 103-392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently rechartered until May 30, 2006. For further information phone Joseph Ayoub, Office of Environmental Technologies Industries (ETI), International Trade Administration, U.S. Department of Commerce at
(202)482-0313 or 5225. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at
(202)482-5225. Carlos F. Montoulieu, Office of Energy and Environmental Industries. [FR Doc. E5-2464 Filed 5-16-05; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Malcolm Baldrige National Quality Award Board of Overseers AGENCY: National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of public meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that there will be a meeting of the Board of Overseers of the Malcolm Baldrige National Quality Award on June 8, 2005. The Board of Overseers is composed of eleven members prominent in the field of quality management and appointed by the Secretary of Commerce, assembled to advise the Secretary of Commerce on the conduct of the Baldrige Award. The purpose of this meeting is to discuss and review information received from the National Institute of Standards and Technology with the members of the Judges Panel of the Malcolm Baldrige National Quality Award. The agenda will include: Discussions on Nonprofit Eligibility Rules, Baldrige Marketing Team Activities, Baldrige Program/Applicant Metrics, and Use of Loaned Executives to Analyze Baldrige Application Data, a Program and Budget Update and Issues from June 7 Judges' Meeting. All visitors to the National Institute of Standards and Technology site will have to pre-register to be admitted. Please submit your name, time of arrival, e-mail address and phone number to Virginia Davis no later than Monday, June 6, 2005, and she will provide you with instructions for admittance. Ms. Davis' e-mail address is *virginia.davis@nist.gov* and her phone number is
(301)975-2361. DATES: The meeting will convene June 8, 2005, at 8:30 a.m. and adjourn at 3 p.m. on June 8, 2005. ADDRESSES: The meeting will be held at the National Institute of Standards and Technology, Administration Building, Lecture Room A, Gaithersburg, Maryland 20899. Please note admittance instructions under SUMMARY paragraph. FOR FURTHER INFORMATION CONTACT: Dr. Harry Hertz, Director, National Quality Program, National Institute of Standards and Technology, Gaithersburg, Maryland 20899, telephone number
(301)975-2361. Dated: May 6, 2005. Hratch G. Semerjian, Acting Director. [FR Doc. 05-9790 Filed 5-16-05; 8:45 am]
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CFR
- Assessment of antidumping and countervailing duties; provisional measures deposit cap; interest on certain overpayments and underpayments.§ 351.212
- Calculation of export price and constructed export price; reimbursement of antidumping and countervailing duties.§ 351.402
- Access to business proprietary information.§ 351.305
- De minimis net countervailable subsidies and weighted-average dumping margins disregarded.§ 351.106
- Period of investigation; requests for exclusions from countervailing duty orders based on investigations conducted on an aggregate basis.§ 351.204
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- Pub. L. 103-392
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Pub. L.Pub. L. 103-392
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