[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31139]
[[Page Unknown]]
[Federal Register: December 19, 1994]
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DEPARTMENT OF COMMERCE
[A-122-050]
Racing Plates (Aluminum Horseshoes) From Canada; 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 a respondent, the Department of
Commerce has conducted an administrative review of the antidumping
finding on racing plates from Canada. The review covers one firm and
the period February 1, 1993, through January 31, 1994.
We have preliminarily determined that sales have been made below
the foreign market value (FMV). If these preliminary results are
adopted in our final results of administrative review, we will instruct
U.S. Customs to assess antidumping duties equal to the difference
between the United States price (USP) and the FMV.
Interested parties are invited to comment on these preliminary
results.
EFFECTIVE DATE: December 19, 1994.
FOR FURTHER INFORMATION CONTACT:
Todd Peterson or Thomas Futtner, 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) 482-4195 or 482-3814,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 27, 1974 (39 FR 7579), the Department of Treasury
published the antidumping finding of racing plates (aluminum
horseshoes) from Canada. The Department of Commerce (the Department)
published a notice of ``Opportunity to Request Administrative Review''
on February 4, 1994 (59 FR 5390). The respondent, Equine Forgings
Limited, requested that we conduct an administrative review for the
period February 1, 1993, through January 31, 1994. We published a
notice of ``Initiation of Antidumping and Countervailing Duty
Administrative Review'' on March 14, 1994 (59 FR 11769) for Equine
Forgings Limited.
The Department has now conducted the administrative 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 racing plates
(horseshoes) that are made of aluminum, may have cleats or caulks, and
come in a variety of sizes. They are used on race horses, polo,
jumping, hunting, and other performing horses, as differentiated from
pleasure and work horses. During the review period such merchandise was
classifiable under Harmonized Tariff Schedule (HTS) item number
7616.90.00. This HTS item number is provided for convenience and
customs purposes. The written description remains dispositive.
United States Price
In calculating USP, the Department used purchased price, as defined
in section 772 of the Tariff Act, since sales to the first unrelated
purchaser were made prior to the date of importation. Purchase price
was based on the packed f.o.b. price to unrelated purchasers in the
United States. We made deductions, where appropriate, for inland
freight, U.S. duty, and brokerage/handling charges. We adjusted USP for
taxes in accordance with our practice as outlined in Silicomanganse
from Venezuela, Preliminary Determination of Sales at Less Than Fair
Value (59 FR 31204, June 17, 1994). No other adjustments were claimed
or allowed.
Foreign Market Value
In calculating FMV, we used home market price, as defined in
section 773 of the Tariff Act, since sufficient quantities of such or
similar merchandise were sold in the home market to provide a basis for
comparison.
Home market price was based upon the packed f.o.b. price to
unrelated purchasers in Canada, with appropriate deductions for
rebates. We adjusted for Canadian value-added tax in accordance with
our decision Silicomanganese from Venezuela, Preliminary Determination
of Sales at Less Than Fair Value (59 FR 31204, June 17, 1994).
In accordance with the Court of Appeals for the Federal Circuit's
decision in The Ad Hoc Committee of AZ-NM-TX-FL Producers of Grey
Portland Cement v. United States, No. 93-1239, (January 5, 1994), we no
longer deduct home market movement expenses from FMV pursuant to the
Department's inherent power to fill in gaps in the antidumping statute.
Accordingly, we now adjust for such expenses under the circumstance-of-
sale provision of 19 CFR 352.56 and the ESP offset provision of 19 CFR
353.56(b)(1)(2), as appropriate. As a result, we have not adjusted for
Equine Forging's reported home market inland freight as movement
expenses. Rather, we have treated Equine Forging's reported post-sale
inland freight as a direct selling expense, which we have deducted from
FMV.
Preliminary Results of Review
We have preliminarily determined that the following margin exists
for the period February 1, 1993, through January 31, 1994:
------------------------------------------------------------------------
Margin
Manufacturer/Exporter (percent)
------------------------------------------------------------------------
Equine Forgings Limited...................................... 0.01
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The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Upon completion
of this review, the Department will issue appraisement instructions
directly to the U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(1) of the Tariff Act: (1) The cash deposit rate for the reviewed
firm will be that firm's rate established in the final results of this
administrative review. If the rate in the final results of review for
Equine Forgings Limited is de minimis, there will be no cash deposits
required on shipments from this firm. (2) For previously reviewed or
investigated companies not listed above, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period. (3) If the exporter is not a firm covered in this review, a
previous review, or the original less than fair value (LTFV)
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise.
On May 25, 1993, the Court of International Trade, in Floral Trade
Council v. United States, Slip Op. 93-79, and Federal-Mogul Corporation
and the Torrington Company v. United States, Slip Op. 93-83, decided
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 apply 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. In proceedings
governed by antidumping findings, unless we are able to ascertain the
``all others'' rate from the Treasury LTFV investigation, the
Department has determined that it is appropriate to adopt the ``new
shipper'' rate established in the first final results of administrative
review published by the Department (or that rate amended for correction
of clerical errors or as a result of litigation) as the ``all others''
rate for the purpose of establishing cash deposits in all current and
future administrative reviews.
Because this proceeding is governed by an antidumping finding and
we are unable to ascertain the ``all others'' rate from the Treasury
LTFV investigation, the ``all others'' rate for purposes of this review
will be 6.77 percent, the ``new shipper'' rate established in the final
results of administrative review published by the Department (47 FR
51779, November 17, 1982).
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
Interested parties may request disclosure within 5 days of the date
of publication of this notice, and a hearing within 10 days of the date
of publication. Any hearing requested will be held as early as
convenient for parties but no later than 44 days after the date of
publication, or the first workday thereafter. Case briefs, or other
written comments, from interested parties may be submitted not later
than 30 days after the date of publication of this notice. Rebuttal
briefs and rebuttal comments, limited to issues raised in the case
briefs, may be filed not later than 37 days after the date of
publication. The Department will publish the final results of review,
including its results of its analysis of issues raised in any such
written comments or at a hearing.
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: December 7, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-31139 Filed 12-16-94; 8:45 am]
BILLING CODE 3510-DS-M
