[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Notices]
[Pages 23720-23722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11434]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-489-602]


Acetylsalicyclic Acid From Turkey; Preliminary Results of 
Antidumping Duty Administrative Review

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

SUMMARY: In response to a request by Atabay Kimya Sanayi ve Ticaret 
A.S., a producer and exporter of subject merchandise to the United 
States, the Department of Commerce is conducting an administrative 
review of the antidumping duty order on acetylsalicylic acid from 
Turkey. This review covers one manufacturer/exporter of the subject 
merchandise to the United States during the period of review August 1, 
1996 through July 31, 1997.
    We preliminarily determine that the respondent has not made sales 
below normal value. If these preliminary results are adopted in the 
final results, we will instruct the Customs Service not to assess 
antidumping duties on the subject merchandise exported by this company.
    We invite interested parties to comment on these preliminary 
results. Parties who submit comments in this proceeding are requested 
to submit with the comments: (1) A statement of the issue and (2) a 
brief summary of the argument.

EFFECTIVE DATE: April 30, 1998.

FOR FURTHER INFORMATION CONTACT: Lisa Tomlinson, David Dirstine, or 
Richard Rimlinger, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-0090, (202) 482-4033, or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Rounds Agreements Act (URAA). The Department of Commerce 
(the Department) is conducting this administrative review in accordance 
with section 751 of the Act. In addition, unless otherwise indicted, 
all citations to the Department's regulations are to the regulations 
published on May 19, 1997 (62 FR 27296).

[[Page 23721]]

Background

    On August 25, 1987, the Department published in the Federal 
Register (52 FR 32030) an antidumping duty order on acetylsalicylic 
acid from Turkey. On August 29, 1997, Atabay Kimya Sanayi ve Ticaret 
A.S. (AKS), a Turkish manufacturer/exporter of the subject merchandise, 
requested, in accordance with Sec. 351.213(b)(2) of our regulations, 
that we conduct an administrative review for the period August 1, 1996 
through July 31, 1997. AKS was the only party to request an 
administrative review for this period. We published the notice of 
initiation on September 25, 1997 (62 FR 50292).

Scope of Review

    The product covered by this review is acetylsalicylic acid 
(aspirin) containing no additives, other than inactive substances (such 
as starch, lactose, cellulose, or coloring material), and/or active 
substances in concentrations less than that specified for particular 
non-prescription drug combinations of aspirin and active substances as 
published in the Handbook of Non-Prescription Drugs, eighth edition, 
American Pharmaceutical Association, and is not in tablet, capsule or 
similar forms for direct human consumption. This product is currently 
classified under the Harmonized Tariff Schedule (HTS) subheading 
2918.22.10. The HTS item number is provided for convenience and customs 
purposes. The written descriptions of the scope of this proceeding 
remains dispositive.

Normal Value Comparison

    We compared the export price (EP) to the normal value (NV), as 
described in the Export Price and Normal Value sections of this notice. 
Because Turkey's economy experienced high inflation during the period 
of review (over 50 percent), we limited our comparisons to home market 
(HM) sales made during the same month in which the U.S. sale occurred 
and did not apply our standard 90/60-day contemporaneity guideline. 
This methodology minimizes the extent to which calculated dumping 
margins are overstated or understated due solely to price inflation 
that occurred in the intervening time period between the U.S. and HM 
sales. We compared products sold in the U.S. and home markets that were 
identical in materials, applications, standards and production 
processes.

Export Price

    AKS sold subject merchandise directly to the first unaffiliated 
purchaser in the United States prior to importation and the constructed 
export price methodology was not warranted based on the facts of the 
record. Accordingly, we used EP as defined in section 772(a) of the Act 
for the price to the United States. We calculated EP based on the 
packed, C&F New York price to unaffiliated purchasers in the United 
States. We deducted from the gross unit price an amount for 
international freight in accordance with section 772(c)(2)(A) of the 
Act.

Normal Value

    Based on a comparison of the aggregate quantity of HM and U.S. 
sales, we determined that the quantity of foreign-like product sold by 
AKS in the HM was sufficient to permit a proper comparison with the 
sales of the subject merchandise to the United States pursuant to 
section 773(a)(1) of the Act. HM prices were based on the packed, 
delivered prices to unaffiliated purchasers. We made adjustments for 
movement expenses in accordance with section 773(a)(6)(B)(ii) of the 
Act. In accordance with sections 773(a)(6)(A) and (B)(i) of the Act, we 
deducted HM packing costs and added U.S. packing costs. We adjusted for 
differences in the circumstances of sale (specifically, imputed credit) 
in accordance with section 773(a)(6)(c)(iii) of the Act. AKS reported 
transactions with affiliates during the POR. Since these sales were not 
contemporaneous with the sales made to the United States, we excluded 
these sales from our analysis and relied on sales AKS made to 
unaffiliated parties. We based NV on sales at the same level of trade 
(LOT) as the EP.

Level of Trade

    As set forth in section 773(a)(1)(B) of the Act, to the extent 
practicable, we calculate NV based on sales in the comparison market at 
the same level of trade as the U.S. sale. In both the U.S. and home 
markets, AKS has one chain of distribution and sells acetylsalicylic 
acid in only one customer category. We observed no differences between 
the two markets in the selling functions provided by AKS. Thus, we 
determined NV for sales at the same LOT as the U.S. sales and made no 
LOT adjustment.

Currency Conversion

    Because this proceeding involves an economy experiencing high 
inflation, we limited our comparison of U.S. and HM sales to those 
occurring in the same month and only used daily exchange rates. (See 
Certain Welded Carbon Steel Pipe and Tube from Turkey: Preliminary 
Results of Antidumping Duty Administrative Review, 63 FR 6155 (February 
6, 1998).)
    The Department's preferred source for daily exchange rates is the 
Federal Reserve Bank. The Federal Reserve Bank, however, does not track 
or publish exchange rates for the Turkish lira. Therefore, we made 
currency conversions based on the daily exchange rates from the Dow 
Jones Service, as published in the Wall Street Journal.

Preliminary Results of Review

    As a result of our review, we preliminarily determine that the 
weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                                Margin  
                   Manufacturer/exporter                      (percent) 
------------------------------------------------------------------------
Atabay Kimya Sanayi ve Ticaret A.S.........................         0.00
------------------------------------------------------------------------

    Parties to the proceeding may request disclosure within 5 days of 
the date of publication of this notice. Any interested party may 
request a hearing within 30 days of publication. Any hearing, if 
requested, will be held 44 days after the date of publication, or the 
first workday thereafter. Issues raised in the hearing will be limited 
to those raised in the case briefs. Case briefs from interested parties 
may be submitted not later than 30 days from the date of publication of 
this notice in the Federal Register; rebuttal briefs may be submitted 
no later than five days thereafter. Rebuttal briefs are limited to the 
issues raised in the case briefs.
    The Department will publish the final results of this 
administrative review, including the results of its analysis of issues 
raised in any such written briefs or hearings. The Department will 
issue final results of this review within 120 days of publication of 
these preliminary results.
    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. If these 
preliminary results are adopted in our final results, we will instruct 
the Customs Service not to assess antidumping duties on the merchandise 
subject to review. Upon completion of this review, the Department will 
issue appraisement instructions directly to the 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)(2)(c) of the Tariff Act: (1) The cash deposit rate for AKS

[[Page 23722]]

will be the rate established in the final results of this review, 
except if the rate is less than 0.5 percent and therefore de minimis, 
the cash deposit will be zero; (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, 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; and (4) 
if neither the exporter nor the manufacturer is a firm covered in this 
review, the cash deposit rate will be 32.98 percent. This is the ``All 
Others'' rate from the LTFV investigation. (See Antidumping Duty Order; 
Acetylsalicylic Acid from Turkey, 52 FR 32030 (August 25, 1987).) These 
deposit rates, 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 Sec. 351.402(f)(2) of the Department's 
regulations 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 Department'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 and Sec. 351.213 of the Department's 
regulations.

    Dated: April 22, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-11434 Filed 4-29-98; 8:45 am]
BILLING CODE 3510-DS-P