[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26160-26162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13173]
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DEPARTMENT OF COMMERCE
[A-423-602]
Industrial Phosphoric Acid From Belgium; 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 from FMC Corporation and Monsanto
Company (petitioners), the Department of Commerce (the Department) is
conducting an administrative review of the antidumping duty order on
industrial phosphoric acid (IPA) from Belgium. The review covers
exports by one manufacturer, Societe Chimique Prayon-Rupel (Prayon),
during the period August 1, 1994 through July 31, 1995.
We have preliminarily determined that sales have 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 (Customs) to assess antidumping duties equal to the
difference between the United States price (USP) and the NV. Interested
parties are invited to comment on these preliminary results. Parties
who submit argument in this proceeding are requested to submit with the
argument: (1) A statement of the issue; and (2) a brief summary of the
argument.
EFFECTIVE DATE: May 24, 1996.
FOR FURTHER INFORMATION CONTACT: David Genovese or Zev Primor, Office
of Antidumping Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
5253.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
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)
[[Page 26161]]
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).
Background
The Department published in the Federal Register the antidumping
duty order on IPA from Belgium on August 20, 1987 (52 FR 31439). The
Department published in the Federal Register a notice of ``Opportunity
To Request an Administrative Review'' of the antidumping duty order on
IPA from Belgium covering the period August 1, 1994 through July 31,
1995, on August 1, 1995 (60 FR 39150). On August 25, 1995, petitioners
requested that the Department conduct an administrative review of sales
by Prayon. We initiated the review on September 15, 1995 (60 FR 47930).
The Department is conducting this administrative review in accordance
with section 751 of the Act.
Scope of the Review
The products covered by this review include shipments of IPA from
Belgium. This merchandise is currently classifiable under the
Harmonized Tariff Schedule (HTS) item number 2809.20. The HTS item
numbers are provided for convenience and Customs purposes. The written
description remains dispositive.
United States Price
We based our margin calculations on export price (EP), as defined
in section 772(a) of the Act, because the merchandise was sold to
unaffiliated U.S. purchasers prior to the date of importation. We based
EP on the delivered price to unaffiliated purchasers in the United
States. In accordance with section 772(c)(2)(A) of the Act, we made
deductions for inland and marine insurance, brokerage and handling
costs and freight expenses incurred to deliver the merchandise to the
first unaffiliated customer in the United States. No other adjustments
to EP were claimed or allowed.
Normal Value
In order to determine whether there was a sufficient volume of
sales in the home market to serve as a viable basis for calculating NV,
we compared Prayon's volume of home market sales of the foreign like
product to the volume of U.S. sales of the subject merchandise, in
accordance with section 773(a)(1)(B) of the Act. Because Prayon's
aggregate volume of home market sales of the foreign like product was
greater than five percent of its aggregate volume of U.S. sales of the
subject merchandise, we determined that the home market provides a
viable basis for calculating NV for Prayon, pursuant to section
773(a)(1)(B) of the Act.
Pursuant to section 777A(d)(2), we compared the EPs of individual
transactions to the monthly weighted-average price of sales of the
foreign like product. We based NV on the delivered or ex-works price at
which the foreign like product is first sold to unaffiliated purchasers
for consumption in the exporting country, in the usual commercial
quantities and in the ordinary course of trade, and to the extent
practicable, at the same level of trade as the export price, as defined
by section 773(a)(1)(B)(i) of the Act.
We excluded from our analysis of NV sales to an affiliated home
market customer because the weighted-average sales price to the
affiliated party was less than the weighted-average sales price to
unaffiliated parties.
We reduced NV by freight costs, including inland insurance costs,
incurred in the home market, in accordance with section
773(a)(6)(B)(ii). We made a circumstance of sale adjustment to NV to
account for any differences between EP and NV due to differences in
credit expenses, rebates, and commissions in accordance with
773(a)(6)(C)(iii) of the Act.
Because sales commissions incurred in the home market were paid to
an affiliated party, and there is no information on the record to
establish that these commissions were at arm's-length, we offset U.S.
commissions with the weighted-average of home market indirect selling
expenses up to the amount of the commissions paid on U.S. sales in
accordance with 19 CFR 353.56(b)(1).
No other adjustments were claimed or allowed.
Preliminary Results
As a result of this review, we preliminarily determine that a
margin of 11.36 percent exists for Prayon for the period August 1,
1994, through July 31, 1995.
Parties to this proceeding may request disclosure within five days
of publication of this notice and any interested party may request a
hearing within 10 days of publication. Any hearing, if requested, will
be held 44 days after the date of publication, or the first working day
thereafter. Interested parties may submit case briefs no later than 30
days after the date of publication. Rebuttal briefs, which must be
limited to issues raised in the case briefs, may be filed no later than
37 days after the date of publication. Parties who submit arguments are
requested to submit with the argument (1) a statement of the issue and
(2) a brief summary of the argument. The Department will publish a
notice of the final results of the administrative review, which will
include the results of its analysis of issues raised in any such
comments.
The Department shall determine, and Customs shall assess,
antidumping duties on all appropriate entries. Individual differences
between USP and NV may vary from the percentage stated above. Upon
completion of this review, the Department will issue appraisement
instructions directly to Customs.
Furthermore, the following deposit requirements will be effective
upon completion of the final results of this administrative review for
all shipments of IPA from Belgium entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for Prayon will be the rate
established in the final results of this administrative review; (2) for
merchandise exported by manufacturers or exporters not covered in this
review but covered in the original LTFV investigation or a previous
review, the cash deposit will continue to be the rate established for
the most recent period for which the manufacturer or exporter received
a company-specific rate; (3) if the exporter is not a firm covered in
this review, or the original 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) if neither the
exporter nor the manufacturer is a firm covered in this or any previous
reviews, the cash deposit rate will be 14.67 percent, the all-others
rate established in the LTFV investigation.
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 353.26(b) 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 Act.
[[Page 26162]]
Dated: May 17, 1996.
Paul L. Joffe.
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-13173 Filed 5-23-96; 8:45 am]
BILLING CODE 3510-DS-P
