[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Pages 25215-25220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12293]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates from Spain: Preliminary Results and
Rescission, in Part, of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to timely requests by Clearon Corporation and
Occidental Chemical Corporation (collectively, ``petitioners''), and
Aragonesas Industrias y Energ[iacute]a S.A. (``Aragonesas''), the
Department of Commerce (``Department'') is conducting an administrative
review of the antidumping duty order on chlorinated isocyanurates
(``chlorinated isos'') from Spain with respect to Aragonesas. The
period of review (``POR'') is June 1, 2007 through May 31, 2008. In
accordance with 19 CFR 351.213(d)(1), the Department is also rescinding
this review with respect to Inquide Flix, S.A. (``Inquide'').
The Department preliminarily determines that Aragonesas made U.S.
sales of chlorinated isos at prices less than normal value (``NV'').
See Preliminary Results of Review section, below. If these preliminary
results are adopted in our final results of administrative review, the
Department will instruct U.S. Customs and Border Protection (``CBP'')
to assess antidumping duties on all appropriate entries. Interested
parties are invited to comment on these preliminary results. See
Disclosure and Public Hearing section, below. Unless extended, we will
issue the final results of review no later than 120 days from the date
of publication of this notice.
EFFECTIVE DATE: May 27, 2009.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office
6, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202) 482-2371.
SUPPLEMENTARY INFORMATION: On June 24, 2005, the Department published
in the Federal Register an antidumping duty order on chlorinated isos
from Spain. See Chlorinated Isocyanurates from Spain: Notice of
Antidumping Duty Order, 70 FR 36562 (June 24, 2005). On June 9, 2008,
the Department published a notice of ``Opportunity to Request an
Administrative Review'' of the antidumping duty order. See Antidumping
or Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 73 FR 32557 (June 9,
2008). Timely requests for reviews were received from petitioners with
respect to Aragonesas and Inquide. The Department also received timely
requests from Aragonesas and Inquide with respect to each of their
companies. In response to these requests, the Department published a
notice of initiation of administrative reviews with respect to
Aragonesas and Inquide. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, Request for Revocation in
Part, and Deferral of Administrative Review, 73 FR 44220 (July 30,
2008). The POR for this administrative review is June 1, 2007 through
May 31, 2008.
On July 22, 2008, Inquide withdrew its request for administrative
review. On September 18, 2008, petitioners withdrew their request for
review with regard to Inquide. The applicable regulation, 19 CFR
351.213(d)(1), states that if a party that requested an
[[Page 25216]]
administrative review withdraws the request within 90 days of the date
of publication of the notice of initiation of the requested review, the
Secretary will rescind the review. In this case both requesting parties
withdrew their requests within the time limit. Therefore, we are
rescinding this review, in part, with respect to Inquide.
On August 21, 2008, the Department issued an antidumping duty
questionnaire to Aragonesas. On September 25, 2008, the Department
received Aragonesas' response to section A of the antidumping
questionnaire. On October 15, 2008, the Department received Aragonesas'
response to sections B and C of the antidumping questionnaire. On
October 27, 2008, the Department received Aragonesas' response to
section D of the antidumping questionnaire. We issued supplemental
questionnaires to Aragonesas on November 26, 2008, December 9, 2008,
January 29, 2009, and February 6, 2009. Aragonesas filed a timely
response to each supplemental questionnaire.
On February 25, 2009, the Department extended the time limit for
the preliminary results by 78 days. See Chlorinated Isocyanurates from
Spain: Extension of Time Limit for Preliminary Results of Antidumping
Duty Administrative Review, 74 FR 9218 (March 3, 2009).
Scope of the Order
The products covered by the order are chlorinated isocyanurates.
Chlorinated isocyanurates are derivatives of cyanuric acid, described
as chlorinated s-triazine triones. There are three primary chemical
compositions of chlorinated isocyanurates: (1) trichloroisocyanuric
acid (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 2H2O), and (3) sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated isocyanurates are available in powder,
granular, and tableted forms. The order covers all chlorinated
isocyanurates.
Chlorinated isocyanurates are currently classifiable under
subheadings 2933.69.6015, 2933.69.6021, and 2933.69.6050 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). The tariff
classification 2933.69.6015 covers sodium dichloroisocyanurates
(anhydrous and dihydrate forms) and trichloroisocyanuric acid. The
tariff classifications 2933.69.6021 and 2933.69.6050 represent basket
categories that include chlorinated isocyanurates and other compounds
including an unfused triazine ring. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the order is dispositive.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(``the Act''), from March 23, 2009 through April 3, 2009, the
Department verified the cost and sales information submitted by
Aragonesas in its questionnaire responses provided during the course of
this review. We used standard verification procedures including
examination of relevant accounting and production records, and original
source documents provided by the respondent. See Memorandum from Robert
Greger, Senior Accountant, to The File, ``Verification of the Cost
Response of Aragonesas Industrias y Energia, S.A. in the Antidumping
Duty Administrative Review of Chlorinated Isocyanurates from Spain,''
dated May 18, 2009 (``Cost Verification Report''); see also Memorandum
from Myrna Lobo, International Trade Compliance Analyst, to The File,
``Verification of the Sales Response of Aragonesas Industrias y
Energia, S.A. in the Antidumping Duty Administrative Review of
Chlorinated Isocyanurates from Spain,'' dated May 18, 2009 (``Sales
Verification Report''). Both verification reports are on file in the
Central Records Unit (CRU), Room 1117 of the main Commerce Building.
Selection of Comparison Market for 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,
the Department compared Aragonesas' 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)(C) of the Act. We
excluded sales of merchandise that was not foreign like product for
reasons that are of a business proprietary nature. See Memorandum from
Myrna Lobo, International Trade Compliance Analyst, to The File,
``Calculation Memorandum for the Preliminary Results,'' dated May 19,
2009 (``Preliminary Calculation Memorandum''). Because Aragonesas'
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
subject merchandise, the Department determines that the home market is
viable and sales in the home market can serve as the basis for
calculating NV.
Date of Sale
Aragonesas reported invoice date as the date of sale for U.S. and
home market sales. The Department's regulations state that ``{i{time} n
identifying the date of sale of the subject merchandise or foreign like
product, the Secretary normally will use the date of invoice, as
recorded in the exporter or producer's records kept in the ordinary
course of business. However, the Secretary may use a date other than
the date of invoice if the Secretary is satisfied that a different date
better reflects the date on which the exporter or producer establishes
the material terms of sale.'' See 19 CFR 351.401(i). We examined the
questionnaire responses and relevant sales documentation at
verification, and determine that invoice date is the appropriate date
of sale in both the U.S. and home markets.
However, in accordance with the Department's practice, whenever
shipment date precedes invoice date, we used shipment date as the date
of sale. See, e.g., Stainless Steel Sheet and Strip in Coils from the
Republic of Korea; Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review, 71 FR 18074, 18079-80 (April
10, 2006), remaining unchanged in Stainless Steel Sheet and Strip in
Coils From the Republic of Korea; Final Results and Rescission of
Antidumping Duty Administrative Review in Part, 72 FR 4486 (January 31,
2007); and Certain Steel Concrete Reinforcing Bars From Turkey; Final
Results of Antidumping Duty Administrative Review and New Shipper
Review and Determination To Revoke in Part, 72 FR 62630 (November 6,
2007) and accompanying Issues and Decision Memorandum at Issue 2, where
the Department found ``that it is appropriate to use the earlier of
shipment or invoice date as Colakoglu's and Habas' U.S. date of sale in
the instant review, consistent with the date-of-sale methodology
established in the previous review.''
Comparisons to Normal Value
To determine whether Aragonesas sold chlorinated isos in the United
States at prices less than NV, the Department compared the export price
(``EP'') of individual U.S. sales to the weighted-average NV of sales
of the foreign like product made in the ordinary course of trade in a
month contemporaneous with the month in which the U.S. sale was made.
See sections 777A(d)(2) and 773(a)(1)(B)(i) of the Act.
[[Page 25217]]
Section 771(16) of the Act defines foreign like product as
merchandise that is identical or similar to subject merchandise and
produced by the same person and in the same country as the subject
merchandise. Thus, we considered all products covered by the scope of
the order that were produced by the same person and in the same country
as the subject merchandise, and sold by Aragonesas in the home market
during the POR, to be foreign like products for the purpose of
determining appropriate product comparisons to chlorinated isos sold in
the United States.
Product Comparisons
In accordance with section 771(16) of the Act, the Department
considered all products produced by the respondent, covered by the
description in the ``Scope of the Order'' section above, to be foreign
like products for purposes of determining appropriate product
comparisons to U.S. sales. Pursuant to 19 CFR 351.414(e)(2), the
Department compared U.S. sales made by Aragonesas to sales made in the
home market within the contemporaneous window period, which extends
from three months prior to the U.S. sale until two months after the
sale. Where there were no sales of identical merchandise in the
comparison market made in the ordinary course of trade to compare to
U.S. sales, the Department compared U.S. sales to sales of the most
similar foreign like product made in the ordinary course of trade. In
making the product comparisons, the Department used the physical
characteristics determined by the Department, and reported by
Aragonesas, to match foreign like products to U.S. sales: chemical
structure, free available chlorine content, physical form, and
packaging.
Export Price
The Department based the price of Aragonesas' U.S. sales on EP
methodology, in accordance with section 772(a) of the Act, because the
subject merchandise was sold directly by Aragonesas to the first
unaffiliated purchaser in the United States prior to importation and
the constructed export price (``CEP'') methodology was not otherwise
indicated. We based EP on packed prices to unaffiliated purchasers in
the United States. Aragonesas reported its U.S. sales on a delivered,
duty paid basis. We made deductions from the starting price, where
appropriate, for billing adjustments, foreign inland freight,
international freight, foreign inland and marine insurance, foreign and
U.S. brokerage and handling, U.S. inland freight, commissions and U.S.
duty, in accordance with section 772(c)(2) of the Act and 19 CFR
351.402. We also made some corrections and adjustments to international
freight, brokerage and handling, inventory carrying costs and indirect
selling expenses based on our findings at verification. See Preliminary
Calculation Memorandum.
Normal Value
After testing home market viability, whether home market sales to
affiliates were at arm's-length prices, and whether home market sales
were at below-cost prices, we calculated NV for Aragonesas as noted in
the ``Calculation of Normal Value Based on Comparison Market Prices''
section of this notice, below.
A. Arm's Length Test
The Department may calculate NV based on a sale to an affiliated
party only if it is satisfied that the price to the affiliated party is
comparable to the prices at which sales are made to parties not
affiliated with the exporter or producer, i.e., sales at arm's-length.
See 19 CFR 351.403(c). Sales to affiliated customers for consumption in
the home market that are determined not to be at arm's-length are
excluded from our analysis. In this proceeding, Aragonesas reported
sales of the foreign like product to one affiliated customer. To test
whether these sales were made at arm's-length prices, the Department
compared the prices of sales of comparable merchandise to affiliated
and unaffiliated customers, net of all movement charges, direct selling
expenses, and packing. Pursuant to 19 CFR 351.403(c), and in accordance
with the Department's practice, when the prices charged to an
affiliated party are, on average, between 98 and 102 percent of the
prices charged to unaffiliated parties for merchandise comparable to
that sold to the affiliated party, we determine that the sales to the
affiliated party are at arm's-length. See Antidumping Proceedings:
Affiliated Party Sales in the Ordinary Course of Trade, 67 FR 69186,
69187 (November 15, 2002). In this instance, Aragonesas' sales to the
affiliated home market customer did not pass the arm's-length test, and
we therefore excluded those sales from our analysis. See section
773(b)(1) of the Act. See also Preliminary Calculation Memorandum.
B. Cost of Production Analysis
In the most recently completed review, the Department disregarded
sales made at prices that were below cost of production (``COP''). See
Chlorinated Isocyanurates from Spain: Final Results of Antidumping Duty
Administrative Review, 73 FR 79789 (December 30, 2008). As a result, in
accordance with section 773(b)(2)(A)(ii) of the Act, in this review the
Department determined that there are reasonable grounds to believe or
suspect that Aragonesas sold the foreign like product at prices below
the cost of producing the product during the instant POR. Accordingly,
the Department required that Aragonesas provide a response to Section D
of the questionnaire.
1. Calculation of Cost of Production
In accordance with section 773(b)(3) of the Act, for each product,
sorted by control number, sold by Aragonesas during the POR, the
Department calculated Aragonesas' weighted-average COP based on the sum
of its materials and fabrication costs, plus amounts for general and
administrative expenses and interest expenses. See ``Test of Comparison
Market Sales Prices'' section below for treatment of home market
selling expenses. We relied on the COP information provided by
Aragonesas in its questionnaire responses. We made some adjustments to
the COP information based on our findings at the cost verification.
These adjustments are detailed in the Memorandum to Neal Halper, ``Cost
of Production and Constructed Value Calculation Adjustments for the
Preliminary Results for Aragonesas Industrias y Energia S.A.'' dated
May 19, 2009 (Preliminary Cost Memorandum). See also Cost Verification
Report.
2. Test of Comparison Market Sales Prices
In order to determine whether sales were made at prices below the
COP, on a product-specific basis, the Department compared Aragonesas
adjusted weighted-average COP to the home market sales of the foreign
like product, as required under section 773(b) of the Act. In
accordance with sections 773(b)(1)(A) and (B) of the Act, in
determining whether to disregard home market sales made at prices less
than the COP, we examined whether such sales were made: (1) in
substantial quantities within an extended period of time; and (2) at
prices which permitted the recovery of all costs within a reasonable
period of time in the normal course of trade. The prices were inclusive
of billing adjustments and exclusive of any applicable movement
charges, discounts and rebates, direct and indirect selling expenses,
and
[[Page 25218]]
packing expenses, revised where appropriate.
3. Results of the COP Test
Pursuant to section 773(b)(2)(C) of the Act, where less than 20
percent of a respondent's home market sales of a given product are at
prices less than the COP, the Department does not disregard any below
cost sales of that product, because the Department determines that in
such instances the below cost sales were not made within an extended
period of time and in ``substantial quantities.'' Where 20 percent or
more of a respondent's sales of a given product are at prices less than
the COP, the Department disregards the below cost sales because they:
(1) were made within an extended period of time in ``substantial
quantities,'' in accordance with section 773(b)(2)(B) and (C) of the
Act; and (2) based on our comparison of prices to the weighted-average
COPs for the POR, were at prices which would not permit the recovery of
all costs within a reasonable period of time, in accordance with
section 773(b)(2)(D) of the Act. Based on the results of our test, we
found that, for certain products, more than 20 percent of Aragonesas'
home market sales were at prices less than the COP and, in addition,
such sales did not provide for the recovery of costs within a
reasonable period of time. We therefore excluded these sales and used
the remaining sales as the basis for determining NV, in accordance with
section 773(b)(1) of the Act.
C. Calculation of Normal Value Based on Comparison Market Prices
We based NV on the prices at which the foreign like product was
first sold by Aragonesas for consumption in the home market, in the
usual commercial quantities, in the ordinary course of trade, and, to
the extent possible, at the same level of trade (``LOT'') as the
comparison U.S. sale. We excluded sales of merchandise that was not
foreign like product, for reasons that are of a business proprietary
nature. See Preliminary Calculation Memorandum. We calculated NV for
Aragonesas using the reported gross unit prices to unaffiliated
purchasers. Aragonesas reported that it offers its home market
customers the following terms of delivery: cost and freight, carriage
insurance paid, carriage paid, delivered duty paid, delivered duty
unpaid, ex-works/free carrier, and free on truck. Where appropriate,
the Department made adjustments to the starting price for billing
adjustments. We deducted home market movement expenses pursuant to
section 773(a)(6)(B) of the Act. At the sales verification, Aragonesas
could not locate an inland freight invoice pertaining to a few home
market observations. For these few observations, as facts available
under section 776(a)(2)(A) of the Act, we are using the average freight
expense Aragonesas incurred to that customer. We deducted, where
appropriate, discounts and rebates, pursuant to section
773(a)(6)(B)(ii) of the Act. We also made adjustments for differences
in costs attributable to differences in the physical characteristics of
the merchandise, in accordance with section 773(a)(6)(C)(ii) of the Act
and 19 CFR 351.411. In addition, the Department made adjustments under
section 773(a)(6)(C)(iii) of the Act and 19 CFR 351.410 for differences
in circumstances of sale for imputed credit and warranty expenses. We
also deducted home market packing costs and added U.S. packing costs,
in accordance with section 773(a)(6)(A) and (B) of the Act. Further,
based on our findings at verification, we made corrections to inland
freight and we recalculated indirect selling expenses, inventory
carrying costs and rebates. See Sales Verification Report. See also
Preliminary Calculation Memorandum.
We also made the appropriate adjustment where necessary for
commissions paid in the home market pursuant to 773(a)(6)(C)(iii) of
the Act and19 CFR 351.410(c). We made adjustments, in accordance with
19 CFR 351.410(e), for indirect selling expenses incurred on comparison
market or U.S. sales where commissions were granted on sales in one
market but not in the other (i.e., commission offset). Specifically,
where commissions are incurred in one market, but not in the other, we
limited the amount of such allowance to the amount of either the
indirect selling expenses incurred in the one market or the commissions
allowed in the other market, whichever is less.
Level of Trade
In accordance with section 773(a)(1)(B) of the Act, to the extent
practicable, the Department determines NV based on sales in the
comparison market at the same LOT as the EP or CEP sales in the U.S.
market (Aragonesas had only EP sales in the U.S. market). The NV LOT is
based on the starting price of the sales in the comparison market.
Where NV is based on CV, the Department determines the NV LOT based on
the LOT of the sales from which the Department derives selling
expenses, general and administrative expenses, and profit for CV, where
possible. For EP sales, the U.S. LOT is based on the starting price of
the sales to the U.S. market.
To determine whether NV sales are at a different LOT than EP sales,
the Department examines stages in the marketing process and level of
selling functions along the chain of distribution between the producer
and the customer. See 19 CFR 351.412(c)(2). Substantial differences in
selling activities are a necessary, but not sufficient, condition for
determining that there is a difference in the stages of marketing. Id.;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Certain Cut-to-Length Carbon Steel Plate From South Africa, 62
FR 61731, 61732 (November 19, 1997). When the Department is unable to
match U.S. sales to foreign like product sales in the comparison market
at the same LOT as the EP sale, the Department may compare the U.S.
sales to sales at a different LOT in the comparison market. In
comparing EP sales at a different LOT in the comparison market, where
the difference affects price comparability, as manifested by a pattern
of consistent price differences between comparison-market sales at the
NV LOT and comparison-market sales at the LOT of the export
transaction, the Department makes an LOT adjustment under section
773(a)(7)(A) of the Act.
In this administrative review, Aragonesas had only EP sales in the
U.S. market, thus the CEP methodology was not employed in this review.
The Department obtained information from Aragonesas regarding the
marketing stages involved in making the reported home market and U.S.
sales, including a description of the selling activities performed for
each channel of distribution. Aragonesas reported that it made EP sales
in the U.S. market through a single distribution channel (i.e., sales
to industrial users). Because all sales in the United States are made
through a single distribution channel, we preliminarily determine that
there is one LOT in the U.S. market.
For the home market, Aragonesas reported that it made sales through
three channels of distribution (i.e., industrial customers, retail
customers, and distributors), noting that the selling functions are
more or less identical for retail and distributor sales. We compared
the selling functions performed by Aragonesas for these distribution
channels and found that Aragonesas performed similar selling activities
in the home market for the retail and distributor channels of
distribution, and fewer selling activities for industrial home market
customers. Thus, we preliminarily find that the retail and distributor
channels of distribution constitute one NV LOT, while the channel of
distribution for
[[Page 25219]]
industrial customers constitutes a second NV LOT. Pursuant to section
773(a)(7)(ii) of the Act, where sales in the U.S. market are matched
with sales in the home market at a more advanced LOT (i.e., retail and
distributor channels of distribution), the Department will grant an LOT
adjustment to NV if there is a consistent pattern of price differences.
Therefore, we compared prices at the two LOTs in the home market and
found that a consistent pattern of price differences does not exist
between the LOTs. Therefore, an LOT adjustment is not warranted. See
Preliminary Calculation Memorandum.
Currency Conversion
Pursuant to section 773A(a) of the Act, we converted amounts
expressed in foreign currencies into U.S. dollar amounts based on the
exchange rates in effect on the dates of the U.S. sales, as reported by
the Federal Reserve Bank of the United States.
Preliminary Results of Review
As a result of this review, the Department preliminarily determines
that the weighted-average dumping margin for the period June 1, 2007
through May 31, 2008 is as follows:
------------------------------------------------------------------------
Weighted-
Average
Manufacturer/Exporter Margin
(percentage)
------------------------------------------------------------------------
Aragonesas Industrias y Energ[iacute]a S.A................ 45.50
------------------------------------------------------------------------
Cash Deposit Requirements
The following cash 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 by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent, and therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously reviewed or
investigated companies not participating in this review, 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) the cash deposit rate for all other
manufacturers or exporters will continue to be 24.83 percent, the ``All
Others'' rate made effective by the LTFV investigation. See Chlorinated
Isocyanurates From Spain: Notice of Final Determination of Sales at
Less Than Fair Value, 70 FR 24506 (May 10, 2005). These requirements,
when imposed, shall remain in effect until further notice.
Assessment Instructions
Upon publication of the final results of this review, the
Department shall determine, and CBP shall assess, antidumping duties on
all appropriate entries exported by Aragonesas. Pursuant to 19 CFR
351.212(b)(1), the Department calculates an assessment rate for each
importer of the subject merchandise for each respondent. In accordance
with 19 CFR 351.212(b)(1), we will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
antidumping duties calculated for the examined sales and the total
quantity of the examined sales. These rates will be assessed uniformly
on all entries of the respective importers made during the POR if these
preliminary results are adopted in the final results of review. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after the date of publication of the final
results of this review.
This notice constitutes rescission of the administrative review of
Inquide. The Department will issue appropriate assessment instructions
directly to CBP 15 days after the date of publication of this notice.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(``Assessment Policy Notice''). This clarification applies to entries
of subject merchandise during the POR produced by any company included
in the final results of review for which the reviewed company did not
know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, the Department will instruct CBP to
liquidate unreviewed entries at the ``All Others'' rate if there is no
rate for the intermediary involved in the transaction. See Assessment
Policy Notice for a full discussion of this clarification.
Disclosure and Public Hearing
We will disclose the calculations used in our analysis to parties
to this segment of the proceeding within five days of the public
announcement of this notice. See 19 CFR 351.224(b). Interested parties
who wish to request a hearing, or to participate if one is requested,
must submit a written request to the Assistant Secretary for Import
Administration, Room 1870, within 30 days of the date of publication of
this notice. Requests should contain: (1) the party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. See 19 CFR 351.310(c).
Pursuant to 19 CFR 351.309, interested parties may submit written
comments in response to these preliminary results. Unless the time
period is extended by the Department, case briefs are to be submitted
within 30 days after the date of publication of this notice in the
Federal Register. See 19 CFR 351.309(c). Rebuttal briefs, which must be
limited to arguments raised in case briefs, are to be submitted no
later than five days after the time limit for filing case briefs. See
19 CFR 351.309(d). Parties who submit arguments in this proceeding are
requested to submit with the argument: (1) a statement of the issues;
(2) a brief summary of the argument; and (3) a table of authorities
cited. Further, we request that parties submitting written comments
provide the Department with an electronic copy of the public version of
such comments. Case and rebuttal briefs must be served on interested
parties, in accordance with 19 CFR 351.303(f).
Unless extended, the Department will issue the final results of
this administrative review, including the results of its analysis of
issues raised in any written briefs, not later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) 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 published in accordance
with
[[Page 25220]]
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
Dated: May 19, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-12293 Filed 5-26-04; 8:45 am]
BILLING CODE 3510-DS-S