[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26055]
[[Page Unknown]]
[Federal Register: October 20, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-098]
Anhydrous Sodium Metasilicate From France; Preliminary Results of
Antidumping Duty Administrative Review
agency: Import Administration, International Trade Administration,
Department of Commerce.
action: Notice of preliminary results of Antidumping Duty
Administrative Review.
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summary: In response to a request by the petitioner, the PQ
Corporation, the Department of Commerce (the Department) is conducting
an administrative review of the antidumping duty order on anhydrous
sodium metasilicate (ASM) from France. This review covers Rhone Poulenc
Chime DeBase (Rhone Poulenc), a manufacturer/exporter of this
merchandise to the United States, and the period January 1, 1993
through December 31, 1993. The firm failed to submit a timely response
to our questionnaire. As a result, we have preliminarily determined to
use best information available for cash deposit and appraisement
purposes.
Interested parties are invited to comment on these preliminary
results.
effective date: October 20, 1994.
for further information contact: Joseph A. Fargo or Richard Rimlinger,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4733.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 1994, the Department published in the Federal
Register (59 FR 564) a notice of ``Opportunity to Request an
Administrative Review'' of the antidumping duty order on ASM from
France. On January 24, 1994, the petitioner, the PQ Corporation,
requested an administrative review of Rhone Poulenc, a manufacturer/
exporter of this merchandise to the United States. We initiated the
review, covering the period January 1, 1993, through December 31, 1993,
on March 14, 1994 (59 FR 11769). The Department is now conducting this
review in accordance with section 751 of the Tariff Act of 1930 as
amended (the Tariff Act).
Scope of the Review
Imports covered by the review are shipments of ASM, a crystallized
silicate (Na2 SiO3) which is alkaline and readily soluble in
water. Applications include waste paper de-inking, ore-flotation,
bleach stabilization, clay processing, medium or heavy duty cleaning,
and compounding into other detergent formulations. This merchandise is
classifiable under Harmonized Tariff Schedules (HTS) item numbers
2839.11.00 and 2839.19.00. The HTS item numbers are provided for
convenience and Customs purposes. The written description remains
dispositive.
The review covers Rhone Poulenc and the period January 1, 1993
through December 31, 1993.
Use of Best Information Available
We mailed the antidumping questionnaire to Rhone Poulenc, the only
manufacturer/exporter of this merchandise to the United States. Rhone
Poulenc failed to submit a timely response to our questionnaire. The
Department has therefore decided to use the best information available
(BIA) in determining the rate for this firm.
When a company fails to provide the information requested in a
timely manner, or otherwise significantly impedes the Department's
review, the Department considers the company uncooperative and
generally assigns to that company the higher of: (1) the highest rate
assigned to any company in a previous review or the investigation or
(2) the highest rate for a responding company with shipments during the
review period. See 19 CFR 353.37(b) and Final Results of Antidumping
Duty Administrative Review Portable Electric Typewriters from Japan
(November 4, 1991, 56 FR 56393). In this case, for BIA, we assigned to
Rhone Poulenc a margin of 60 percent, the highest rate from a prior
review. See Final Results of Antidumping Duty Administrative Review,
Anhydrous Sodium Metasilicate from France (52 FR 33856, September 8,
1987).
Preliminary Results of the Review
As a result of our review, we preliminarily determine that a margin
of 60 percent exists for Rhone Poulenc for the period January 1, 1993
through December 31, 1993.
Parties to the proceeding may request disclosure within five days
of the date of publication of this notice. Any interested party may
request a hearing within 10 days of publication. Case briefs and/or
written comments from interested parties may be submitted not later
than 30 days after the date of publication. Rebuttal brief sand
rebuttals to written comments, limited to issues raised in the case
briefs and comments, may be filed not later than 37 days after the date
of publication. Any hearing, if requested, will be held 44 days after
the date of publication, or the first workday thereafter. The
Department will publish the final results of the administrative review,
including the results of its analysis of issues raised in any such
written comments or at a hearing.
Upon completion of this administrative review, the Department will
issue appraisement instructions directly to the Customs Service.
Furthermore, the following deposit requirements will be effective
upon publication of the final results of administrative review for all
shipments of ASM from France, entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(1) of the Tariff Act: (1) The cash deposit rate for the reviewed
company will be that established in the final results of this
administrative review; (2) for exporters not covered in this review,
but covered in previous reviews 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, previous reviews, or the
original LTFV investigation, but the manufacturer is, the cash deposit
rate will be that established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufactures or exporters will be 60 percent. On May 25, 1993,
the Court of International trade in Floral Trade Council v. United
States, 822 F. Supp 766 (1993), and Federal-Mogul Corporation and
Terrington Company v. United States, 822 F. Supp. 822 (1993),
determined that once an ``all others'' rate is established for a
company, it can only be changed through an administrative review. The
Department has determined that in order to implement these decisions it
is appropriate to maintain the original ``all others'' rate from the
LTFV investigation or that rate as amended for correction of clerical
errors or as a result of litigation in proceedings governed by
antidumping duty orders for the purposes of establishing cash deposits
in all current and future administrative reviews.
Because this proceeding is governed by an antidumping duty order,
the ``all others'' rate for the purposes of this review will be 60
percent, the ``all others'' rate established in the final notice of the
LTFV investigation (46 FR 1667, January 7, 1981).
These requirements, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 353.26 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.
This administrative review and notice are in accordance with
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR
353.22.
Dated: October 5, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-26055 Filed 10-19-94; 8:45 am]
BILLING CODE 3510-DS-M
