[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5306]


[[Page Unknown]]

[Federal Register: March 8, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
[A-508-604]

 

Industrial Phosphoric Acid From Israel; Preliminary Results and 
Termination in Part of Antidumping Duty Administrative Reviews

AGENCY: International Trade Administration/Import Administration 
Department of Commerce.

ACTION: Notice of preliminary results and termination in part of 
antidumping duty administrative reviews.

-----------------------------------------------------------------------

SUMMARY: In response to requests by the petitioners, the Department of 
Commerce is conducting administrative reviews of the antidumping duty 
order on industrial phosphoric acid from Israel. The review of Rotem 
Fertilizers, Ltd. (Rotem) is being terminated following the 
Department's determination in the final results of the changed 
circumstances review that Rotem is successor to Negev Phosphates Ltd. 
(Negev), a company that was revoked from the antidumping duty order. 
Thus, Rotem is no longer covered by the antidumping duty order since 
Negev's revocation has been applied to Rotem. See Industrial Phosphoric 
Acid from Israel; Final Results of Antidumping Duty Changed 
Circumstances Review; (59 FR 6944; February 14, 1994). These reviews 
cover one manufacturer/exporter of this merchandise to the United 
States, and the periods August 1, 1991 through July 31, 1992 and August 
1, 1992 through July 31, 1993.
    The company under review, Haifa Chemicals (Haifa), did not have 
shipments to the United States during the review period.
    Therefore, we are using the rate found for this company in the last 
administrative review for cash deposit purposes. We preliminarily 
determine the dumping margin to be 6.82 percent ad valorem, the rate 
determined for this company in the previous administrative review of 
this order. See Industrial Phosphoric Acid from Israel; Final Results 
of Antidumping Duty Administrative Review, (57 FR 38471; August 25, 
1992).
    We invite interested parties to comment on these preliminary 
results.

EFFECTIVE DATE: March 8, 1994.

FOR FURTHER INFORMATION CONTACT: Gayle Longest or Kelly Parkhill, 
Office of Countervailing Compliance, International Trade 
Administration, U.S. Department of Commerce, Washington, DC 20230; 
telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On August 12, 1992 and August 3, 1993, the Department of Commerce 
(the Department) published in the Federal Register notices of 
``Opportunity to Request Administrative Review'' (57 FR 36063 and 58 FR 
41239) of the antidumping duty order on industrial phosphoric acid from 
Israel (52 FR 31057, August 19, 1987) for the August 1, 1991 through 
July 31, 1992 and August 1, 1992 through July 31, 1993, fifth and sixth 
review periods, respectively. FMC Corporation and Monsanto Company, the 
petitioners, requested administrative reviews covering the fifth review 
period on August 28, 1992 and the sixth review period on August 12, 
1993. We initiated the fifth review on September 28, 1992 (57 FR 44551) 
and the sixth review on September 30, 1993 (58 FR 51053). The 
Department is now conducting these administrative reviews in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of Review

    Imports covered by these reviews are shipments of industrial 
phosphoric acid (IPA). This merchandise is currently classifiable under 
item number 2809.20.00 of the Harmonized Tariff Schedule (HTS). The HTS 
item number is provided for convenience and Customs purposes. The 
written description remains dispositive.
    The review covers Haifa Chemicals, Ltd., an Israeli manufacturer/
exporter to the United States of IPA, and sales to the United States 
during the periods August 1, 1991 through July 31, 1992 and August 1, 
1992 through July 31, 1993. We are terminating the review as to Rotem 
Fertilizers, (Rotem) because, subsequent to the initiations of these 
reviews, Rotem was determined to be the successor to Negev (59 FR 6944; 
February 15, 1994), a company that was revoked from the antidumping 
duty order on March 23, 1992 (56 FR 10008). Accordingly, Negev's 
revocation has been applied to Rotem.
    Haifa reported that it did not have any shipments of the subject 
merchandise to the United States during the review periods. We 
subsequently confirmed with the United States Customs Service that 
there were no entries of this merchandise to the United States by Haifa 
during these review periods. Therefore, we used the rate found in the 
previous review of this company for cash deposit purposes. Because 
Haifa did not respond to the Department's questionnaire in that review, 
it was assigned a rate of 6.82 percent, the highest margin for a 
company under the order.

Preliminary Results of Review

    We preliminarily determine that the following margin exists for the 
periods August 1, 1991 through July 31, 1992 and August 1, 1992 through 
July 31, 1993:

------------------------------------------------------------------------
                                                                Margin  
                   Manufacturer/exporter                      (percent) 
------------------------------------------------------------------------
Haifa Chemicals............................................         6.82
------------------------------------------------------------------------

    Parties to the proceeding may request disclosure and interested 
parties may request a hearing not later than 10 days after the date of 
publication of this notice. Interested parties may submit written 
arguments in case briefs on these preliminary results within 30 days of 
the date of publication. Rebuttal briefs, limited to arguments raised 
in case briefs, may be submitted seven days after the time limit for 
filing the case brief. Any hearing, if requested, will be held seven 
days after the scheduled date for submission of rebuttal briefs. Copies 
of case briefs and rebuttal briefs must be served on interested parties 
in accordance with 19 CFR 353.38(e).
    The Department will publish the final results of the administrative 
review including the results of its analysis of issues raised in any 
case or rebuttal briefs or at a hearing.
    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. Individual 
differences between United States price and foreign market value may 
vary from the percentages stated above. 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 this administrative review for 
all shipments of the subject merchandise from Israel entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by section 751(a)(1) of the Act: (1) The cash deposit 
rate for the reviewed companies which remain subject to the order will 
be that 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 previous reviews or the original less-
than-fair-value investigation, the cash deposit rate will continue to 
be the company-specific rate published in the final determination 
covering the most recent period; (3) if the exporter is not a firm 
covered in this review, previous reviews, or the original 
investigation, but the manufacturer, is, the cash deposit rate will be 
that established for the manufacturer of the merchandise in the final 
results of this review, or if not covered in this review, the most 
recent review period or the original investigation; and (4) the ``all 
other'' rate will remain at 1.77 percent as established in the final 
notice of the original investigation of this case.
    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 other'' 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 ``all others'' rate from the original investigation (or 
that rate as amended for correction of clerical errors or as a result 
of litigation) in proceedings governed antidumping duty orders for the 
purposes of establishing cash deposits in all current and future 
adminstrative reviews. The ``all others'' rate in the original 
investigation was 1.77 percent.
    These deposit requirements, when imposed, shall remain in effect 
until the 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.
    These administrative reviews and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated February 28, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-5306 Filed 3-7-94; 8:45 am]
BILLING CODE 3510-DS-P