[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Pages 6171-6173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3357]
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DEPARTMENT OF COMMERCE
[A-533-808]
Certain Stainless Steel Wire Rod From India; Preliminary Results
of New Shipper Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of new shipper antidumping duty
administrative review; Certain stainless steel wire rod from India.
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SUMMARY: The Department of Commerce (the Department) is conducting a
new shipper administrative review of the antidumping duty order on
certain stainless steel wire rods (SSWR) from India in response to a
request by one manufacturer/exporter, Isibars Limited (Isibars). This
review covers sales of this merchandise to the United States during the
period January 1, 1996 through June 30, 1996.
We have preliminarily determined that sales have not been made
below normal value (NV). If these preliminary results are adopted in
our final results of administrative review, we will instruct the U.S.
Customs Service to liquidate subject entries without regard to
antidumping duties.
Interested parties are invited to comment on these preliminary
results. Parties who submit argument are requested to submit with the
argument (1) a statement of the issue and (2) a brief summary of the
argument.
EFFECTIVE DATE: February, 11, 1997.
FOR FURTHER INFORMATION CONTACT: Donald Little or Maureen Flannery,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington D.C. 20230; telephone (202) 482-4733.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
SUPPLEMENTARY INFORMATION:
Background
On June 28, 1996, the Department received a request from Isibars
for a new shipper review pursuant to section 751(a)(2)(B) of the Act
and section 353.22(h) of the Department's interim regulations, which
govern determinations of antidumping duties for new shippers. These
provisions state that, if the Department receives a request for review
from an exporter or producer of the subject merchandise stating that it
did not export the merchandise to the United States during the period
of investigation (POI) and that such exporter and producer is not
affiliated with any exporter or producer who exported the subject
merchandise during that period, the Department shall conduct a new
shipper review to establish an individual weighted-average dumping
margin for such exporter or producer, if the Department has not
previously established such a margin for the exporter or producer. To
establish these facts, the exporter or producer must include with its
request, with appropriate certification: (i) the date on which the
merchandise was first entered, or withdrawn from warehouse, for
consumption, or, if it cannot certify as to the date of first entry,
the date on which it first shipped the merchandise
[[Page 6172]]
for export to the United States; (ii) a list of the firms with which it
is affiliated; and (iii) a statement from such exporter or producer,
and from each affiliated firm, that it did not, under its current or a
former name, export the merchandise during the POI.
Isibars' request was accompanied by information and certification
establishing the names of Isibar's affiliated parties and statements
that Isibars and its affiliated parties did not, under any name, export
the subject merchandise during the POI. Isibars supplied the date of
shipment in a letter dated July 29, 1996.
On August 6, 1996, we published in the Federal Register (60 FR
40819) a notice of initiation of this new shipper antidumping duty
administrative review of Isibars. The Department is now conducting this
review in accordance with section 751 of the Act and section 353.22 of
its interim regulations.
Scope of Review
The products covered by the order are SSWR which are hot-rolled or
hot-rolled annealed and/or pickled rounds, squares, octagons, hexagons
or other shapes, in coils. SSWR are made of alloy steels containing, by
weight, 1.2 percent or less of carbon and 10.5 percent or more of
chromium, with or without other elements. These products are only
manufactured by hot-rolling and are normally sold in coiled form, and
are of solid cross section. The majority of SSWR sold in the United
States are round in cross-section shape, annealed and pickled. The most
common size is 5.5 millimeters in diameter.
The SSWR subject to this review are currently classifiable under
subheadings 7221.00.0005, 7221.00.0015, 7221.00.0020, 7221.00.0030,
7221.00.0040, 7221.00.0045, 7221.00.0060, 7221.00.0075, and
7221.00.0080 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 order is
dispositive.
This review covers one manufacturer/exporter, Isibars, and the
period January 1, 1996 through June 30, 1996.
Verification
As provided in section 776(b) of the Act, we verified information
provided by the respondent by using standard verification procedures,
including on-site inspection of the respondent's facilities, the
examination of relevant sale and financial records, and selection of
original documentation containing relevant information. Our
verification results are outlined in the public version of the
verification report.
United States Price
In calculating United States Price (USP), we used export price
(EP), in accordance with section 772(a) of the Act, because the subject
merchandise was sold directly to the first unaffiliated purchaser in
the United States prior to importation into the United States and
constructed export price was not otherwise indicated.
We calculated EP based on the price from Isibars to an unaffiliated
customer prior to importation into the United States. In accordance
with section 772(c)(2) of the Act, we made deductions for terminal
handling charges, foreign inland freight, ocean freight, and marine
insurance. No other adjustments were claimed or allowed.
Normal Value
Because there were no sales of the subject merchandise in the home
market during the period of review (POR), we based NV on third country
sales in accordance with section 773(a)(1)(C)(i) of the Act. In
accordance with section 773(a)(1)(B)(ii) of the Act, we based NV on
sales of the foreign like product to the Philippines because the prices
were representative, the aggregate quantity of sales to the Philippines
exceeded five percent of the aggregate quantity of the subject
merchandise sold for export to the United States, and we did not find
that the particular market situation prevented a proper comparison with
EP.
We based NV on the packed, C&F price to unaffiliated purchasers in
the Philippines. We made deductions for terminal handling charges,
foreign inland freight, and ocean freight. We adjusted for differences
in packing costs between the two markets. We made circumstance-of-sale
adjustments for differences in credit costs and bank charges between
the two markets. We deducted third country commissions and added U.S.
indirect selling expenses up to the amount of the third country
commission. Because Isibars failed to report U.S. indirect selling
expenses, as facts available we based U.S. indirect selling expenses on
the amount of the third country commission.
Preliminary Results of the Review
As a result of our comparison of EP and NV, we preliminarily
determine that the following weighted-average dumping margin exists:
------------------------------------------------------------------------
Manufacturer/exporter Period Margin
------------------------------------------------------------------------
Isibars..................................... 1/1/96-6/30/96 0.00
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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. Any hearing, if
requested, will be held 34 days after the publication of this notice,
or the first workday thereafter. Interested parties may submit case
briefs within 20 days of the date of publication of this notice.
Rebuttal briefs, which must be limited to issues raised in the case
briefs, may be filed not later than 27 days after the date of
publication of this notice. Parties who submit argument are requested
to submit with the argument (1) a statement of the issue and (2) a
brief summary of the argument. The Department will issue the final
results of this new shipper administrative review, which will include
the results of its analysis of issues raised in any such comments,
within 90 days of issuance of these preliminary results.
Upon completion of this new shipper review, the Department will
issue appraisement instructions directly to the Customs Service. The
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise sold during the POR and
covered by the determination and for future deposits of estimated
duties.
Furthermore, upon completion of this review, the posting of a bond
or security in lieu of a cash deposit, pursuant to section
751(a)(2)(B)(iii) of the Act and section 353.22(h)(4) of the
Department's interim regulations, will no longer be permitted and,
should the final results yield a margin of dumping, a cash deposit will
be required for each entry of the merchandise.
The following deposit requirement will be effective upon
publication of the final results of this new shipper antidumping duty
administrative review for all shipments of stainless steel wire rod
from India entered, or withdrawn from warehouse, for consumption on or
after the publication date, as provided for by section 751(a)(1) of the
Act: (1) The cash deposit rate for the reviewed company will be the
rate established in the final results of this new shipper review; (2)
if the exporter is not a firm covered in this new shipper review, but
was covered in a previous review or the original less-than-fair-value
(LTFV) investigation, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3)
[[Page 6173]]
if the exporter is not a firm covered in this review, a previous
review, or the original LTFV investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers and/or exporters of this
merchandise, shall be 48.80 percent, the ``all others'' rate
established in the LTFV investigation (58 FR 63335, December 1, 1993).
These requirements, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
This notice also 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 new shipper administrative review and notice are in accordance
with section 751(a)(2)(B) of the Act (19 U.S.C. 1675(a)(2)(B)) and 19
CFR 353.22(h).
Dated: January 31, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-3357 Filed 2-10-97; 8:45 am]
BILLING CODE 3510-DS-P
