[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