[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Notices]
[Pages 62252-62255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24912]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-827]


Sodium Metal from France: Notice of Final Determination of Sales 
at Less Than Fair Value and Negative Critical Circumstances

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined 
that sodium metal from France is being, or is likely to be, sold in the 
United States at less than fair value (LTFV), as provided in section 
735 of the Tariff Act

[[Page 62253]]

of 1930, as amended (the Act). The estimated margins of sales at LTFV 
are listed below in the section entitled ``Continuation of Suspension 
of Liquidation.''

EFFECTIVE DATE: October 20, 2008.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Joy Zhang, AD/CVD 
Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-5973 
or (202) 482-1168, respectively.

SUPPLEMENTARY INFORMATION: On May 28, 2008, the Department published in 
the Federal Register its preliminary determination in the antidumping 
duty investigation of sodium metal from France. See Sodium Metal from 
France: Notice of Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 73 FR 30605 (May 28, 
2008) (Preliminary Determination).
    In the Preliminary Determination, based on our examination of E.I. 
DuPont de Nemours & Co. Inc.'s (the petitioner) targeted dumping 
allegation filed on April 21, 2008, we determined that there is no 
pattern of constructed export prices for comparable merchandise that 
differs significantly among purchasers. Therefore, we applied the 
average-to-average methodology to all U.S. sales by MSSA S.A.S., MSSA 
Co., and Columbia Sales International (collectively, MSSA). In the 
Preliminary Determination, the Department invited comments regarding 
the overall application of the targeted dumping test applied in this 
proceeding. Accordingly, we received comments within the case briefs 
submitted by the petitioner and MSSA on July 25, 2008. The petitioner 
and MSSA submitted rebuttal comments on July 30, 2008.
    We conducted sales and cost verifications of the responses 
submitted by MSSA. See Memorandum to the File from Dennis McClure and 
Joy Zhang, Case Analysts, through James Terpstra, Program Manager, 
Office 3, entitled ``Verification of the Sales Response of MSSA S.A.S., 
MSSA Co., and Columbia Sales International in the Antidumping Duty 
Investigation of Sodium Metal from France,'' dated July 18, 2008 (Sales 
Verification Report); see also Memorandum to the File through Neal M. 
Halper, from LaVonne Clark, entitled ``Verification of the Cost 
Response of MSSA S.A.S. in the Antidumping Investigation of Sodium 
Metal from France,'' dated July 1, 2008 (Cost Verification Report). All 
verification reports are on file and available in the Central Records 
Unit (CRU), Room 1117 of the main Department of Commerce building.
    Based on the Department's findings at verification, as well as the 
minor corrections presented by MSSA at the start of its respective 
verifications, we requested during verification that respondents submit 
revised sales databases. As requested, MSSA submitted its revised sales 
databases at verification on July 16, 2008.
    On September 15, 2008, the petitioner submitted an allegation of 
critical circumstances. MSSA submitted comments responding to the 
petitioner's allegation of critical circumstances on September 25, 
2008.

Period of Investigation

    The period of investigation (POI) is October 1, 2006, to September 
30, 2007. This period corresponds to the four most recent fiscal 
quarters prior to the month of the filing of the petition.

Scope of the Investigation

    The merchandise covered by this investigation includes sodium metal 
(Na), in any form and at any purity level. Examples of names commonly 
used to reference sodium metal are sodium metal, sodium, metallic 
sodium, and natrium. The merchandise subject to this investigation is 
classified in the Harmonized Tariff Schedule of the United States 
subheading 2805.11.0000. The American Chemical Society Chemical 
Abstract Service (CAS) has assigned the name ``Sodium'' to sodium 
metal. The CAS registry number is 7440-23-5. For purposes of the 
investigation, the narrative description is dispositive, not the tariff 
heading, CAS registry number or CAS name, which are provided for 
convenience and customs purposes.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the ``Issues and 
Decision Memorandum for the Antidumping Duty Investigation of Sodium 
Metal from France'' from Stephen J. Claeys, Deputy Assistant Secretary 
for Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration (Decision Memorandum), dated October 10, 2008, 
which is hereby adopted by this notice. A list of the issues which 
parties have raised and to which we have responded, all of which are in 
the Decision Memorandum, is attached to this notice as an appendix. 
Parties can find a complete discussion of all issues raised in this 
investigation and the corresponding recommendations in the Decision 
Memorandum, which is on file in the CRU. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at http://ia.ita.doc.gov/frn/. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Targeted Dumping

    In the Preliminary Determination, with respect to targeted dumping, 
we followed the methodology outlined in the post-preliminary targeted 
dumping analysis in the investigations of Certain Steel Nails from the 
PRC and the UAE. See Memorandum to David M. Spooner, Assistant 
Secretary for Import Administration, from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, RE: Antidumping Duty 
Investigation of Certain Steel Nails from the Peoples Republic of China 
(PRC) and the United Arab Emirates (UAE), Subject: Post-Preliminary 
Determinations on Targeted Dumping, dated April 21, 2008 (April 21, 
2008 Nails decision memorandum).\1\ Based on the targeted dumping test 
that we applied in the Preliminary Determination, we did not find a 
pattern of constructed export prices for comparable merchandise that 
differ significantly among customers.\2\ As a result, we applied the 
average-to-average methodology to the constructed export prices of all 
of MSSA's sales to the United States during the POI and calculated a 
preliminary margin of 62.62 percent for MSSA.\3\
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    \1\ See Preliminary Determination at 30606.
    \2\ Id. at 30607.
    \3\ Id. at 30609.
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    In the Preliminary Determination, the Department applied the Nails 
targeted dumping test based on the methodology outlined in the April 
21, 2008 Nails decision memorandum and found no targeted dumping. We 
have analyzed the case and rebuttal briefs\4\ with respect to targeted 
dumping issues submitted for the record in this investigation and 
considered the changes made to the targeted dumping test applied in the 
final determinations of UAE and PRC Nails and PRC Tires.\5\

[[Page 62254]]

As a result of our analysis, we utilized the Nails targeted dumping 
test from the Preliminary Determination and applied certain 
modifications from Nails and PRC Tires for purposes of the final 
determination.\6\
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    \4\ See the petitioner's case brief, dated July 25, 2008; see 
also; MSSA's rebuttal brief, dated July 30, 2008, respectively.
    \5\ See Certain Steel Nails from the United Arab Emirates: 
Notice of Final Determination of Sales at Not Less Than Fair Value, 
73 FR 33985 (June 16, 2008) and accompanying Issues and Decision 
Memorandum (Steel Nails from the UAE) dated June 6, 2008, at Comment 
5; see also; Certain Steel Nails from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value and 
Partial Affirmative Determination of Critical Circumstances, 73 FR 
33977 (June 16, 2008) and accompanying Issues and Decision 
Memorandum (Steel Nails from the PRC) dated June 6, 2008, at 
Comments 3, 5, and 9 (collectively, Nails); see also; Certain New 
Pneumatic Off-The-Road Tires from the People's Republic of China: 
Final Affirmative Determination of Sales at Less Than Fair Value and 
Partial Affirmative Determination of Critical Circumstances, 73 FR 
40480 (July 15, 2008) and accompanying Issues and Decision 
Memorandum (PRC Tires) dated July 7, 2008, at Comments 23. B and 
23.G.
    \6\ Id.
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    As in the Preliminary Determination, we did not find a pattern of 
export prices for comparable merchandise that differ significantly 
among customers. For further discussion, see Comments 2 and 3 of the 
Decision Memorandum and the Memorandum to James Terpstra, Program 
Manager for the Office of AD/CVD Operations, from Dennis McClure and 
Joy Zhang, Analysts for the Office of AD/CVD Operations, RE: 
Antidumping Duty Investigation of Sodium Metal from France, Subject: 
Final Analysis Memorandum for Sales MSSA, dated October 10, 2008 (Final 
Analysis Memorandum).

Critical Circumstances

    On September 15, 2008, the petitioner filed a critical 
circumstances allegation with respect to imports of sodium metal from 
France. On September 25, 2008, MSSA submitted comments and monthly 
shipment data in response to the petitioner's allegation. Although the 
Department found that in accordance with section 735(a)(3)(A)(ii) of 
the Act, the person by whom, or for whose account, the merchandise was 
imported knew or should have known that the exporter was selling the 
subject merchandise at less than its fair value and there was likely to 
be material injury of such sales, the Department has made a final 
negative determination concerning critical circumstances for MSSA and 
all other French manufacturers and exporters because, in accordance 
with section 735(a)(3)(B) of the Act, and based on MSSA's shipment 
data, MSSA and all other companies did not have massive imports during 
a relatively short period. See Memorandum to Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, from Melissa Skinner, 
Director, AD/CVD Operations, Subject: Antidumping Duty Investigation of 
Sodium Metal from France, Regarding: Final Negative Determination of 
Critical Circumstances, dated October 10, 2008, which is hereby adopted 
by this notice.

Verification

    As provided in section 782(i) of the Act, we verified the sales and 
cost information submitted by MSSA for use in our final determination. 
We used standard verification procedures including an examination of 
relevant accounting and production records, and original source 
documents provided by MSSA. See Sales Verification Report and Cost 
Verification Report.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we have made certain changes to the margin calculation 
for MSSA. For a discussion of these changes, see the Decision 
Memorandum at Comments 6, 8, 10, and 11, Final Analysis Memorandum, and 
Memorandum to Neal M. Halper, Director, Office of Accounting, from 
LaVonne Clark, Senior Accountant, Reference: Antidumping Duty 
Investigation of Sodium Metal from France, Subject: Cost of Production 
and Constructed Value Calculation Adjustments for the Final 
Determination MSSA S.A.S., MSSA Co., and Columbia Sales International, 
Inc. (collectively ``MSSA''), dated October 10, 2008.

Final Determination Margins

    We determine that the following weighted-average dumping margin 
exists for the period October 1, 2006, to September 30, 2007:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
MSSA S.A.S..........................................               66.64
All Others..........................................               66.64
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all entries of subject merchandise from France, entered, or 
withdrawn from warehouse, for consumption on or after May 28, 2008, the 
date of publication of the Preliminary Determination. We will instruct 
CBP to require a cash deposit or the posting of a bond equal to the 
weighted-average dumping margin, as indicated in the chart above, as 
follows: (1) the rate for MSSA S.A.S. will be 66.64 percent; (2) if the 
exporter is not a firm identified in this investigation, but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; (3) the rate for all other producers or 
exporters will be 66.64 percent. The suspension of liquidation 
instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that material injury or threat of material injury does 
not exist, the proceeding will be terminated and all securities posted 
will be refunded or canceled. See section 735(c)(2) of the Act. If the 
ITC determines that such injury does exist, the Department will issue 
an antidumping duty order directing CBP to assess antidumping duties on 
all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.


[[Page 62255]]


    Dated: October 10, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix -- Issues in Decision Memorandum

ISSUES

Comment 1: Whether the Department Should Include ``Form'' As Part of 
Model Match Criteria
Comment 2: Whether the Department Should Calculate the Antidumping Duty 
Margin using the Transaction-to-Transaction Methodology
Comment 3: Whether the Department's Targeted Dumping Test is Flawed and 
Should be Replaced with the ``preponderance at two percent test'' (P/2 
test)
Comment 4: Whether the Department Should Alter Its Level of Trade 
Analysis
Comment 5: Whether the Department Should Calculate Certain Home Market 
Packing Expenses Based on Facts Available
Comment 6: Whether the Department Should Re-allocate Indirect Selling 
Expenses Based on Sales Value
Comment 7: Whether the Department Should Deduct Freight from Transfer 
Price Before Calculating Domestic Indirect Selling Expenses
Comment 8: Whether the Department Should Correct MSSA Co.'s Inventory 
Carrying Costs in the United States
Comment 9: Whether the Department Incorrectly Characterized MSSA Co.'s 
Quantity and Value Reconciliation
Comment 10: Whether the Department Correctly Calculated Indirect 
Selling Expenses Incurred in the Home Market for Purposes of the CEP 
Deduction
Comment 11: Whether the Department Should Consider Certain Expenses 
Reported as Indirect Selling Expenses as Direct Deductions from the 
U.S. Price
[FR Doc. E8-24912 Filed 10-17-08; 8:45 am]
BILLING CODE 3510-DS-S