Industrial Phosphoric Acid From Israel; Final Results of Antidumping Duty Administrative Reviews

Federal RegisterJun 22, 1994

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DEPARTMENT OF COMMERCE

[A-508-604]

Industrial Phosphoric Acid From Israel; Final Results of

Antidumping Duty Administrative Reviews

AGENCY: International Trade Administration, Import Administration,

Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative

Reviews.

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

SUMMARY: On March 8, 1994, the Department of Commerce published the

preliminary results of its administrative reviews of the antidumping

duty order on industrial phosphoric acid from Israel (59 FR 10787). The

review periods are August 1, 1991 through July 31, 1992 and August 1,

1992 through July 31, 1993. These reviews involve Haifa Chemicals,

Ltd., a manufacturer/exporter of this merchandise to the United States.

We have now completed these reviews and determine the margin to be 6.82

percent ad valorem for Haifa Chemicals.

EFFECTIVE DATE: June 22, 1994.

FOR FURTHER INFORMATION CONTACT: Gayle Longest or Kelly Parkhill,

Office of Countervailing Compliance, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

On March 8, 1994, the Department of Commerce (the Department)

published in the Federal Register the preliminary results of its

administrative reviews of the antidumping duty order on industrial

phosphoric acid from Israel (59 FR 10787) covering the periods August

1, 1991 through July 31, 1992 and August 1, 1992 through July 31, 1993,

the fifth and sixth review periods respectively. The review of Rotem

Fertilizers (Rotem) was terminated in the preliminary results of these

reviews (59 FR 10787) because Rotem was determined to be the successor

to Negev Phosphates, Ltd. (Negev), a company that was revoked from the

antidumping order in the final results of the changed circumstances

review. The Department has now completed these administrative reviews

in accordance with section 751 of the Tariff Act of 1930, as amended

(the Act).

Scope of the Review

Imports covered by these reviews are shipments of industrial

phosphoric acid (IPA). This product is 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 periods are August 1, 1991 through July 31, 1992 and

August 1, 1992 through July 31, 1993. These reviews involve Haifa

Chemicals Ltd. (Haifa), an Israeli manufacturer/exporter to the United

States of the subject merchandise.

Haifa reported that it did not have any shipments of the subject

merchandise to the United States during these 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 are using the rate found in

the previous review for this company for cash deposit purposes. See

Industrial Phosphoric Acid from Israel; Final Results of Antidumping

Duty Administrative Review (57 FR 38471; August 25, 1992). 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 assigned to

any company in a previous review or in the investigation.

Analysis of Comments Received

We gave interested parties an opportunity to comment on the

preliminary results. We received no comments.

Final Results of the Review

We determine the following dumping margin for the periods August 1,

1991 through July 31, 1992 and August 1, 1992 through July 31, 1993:

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

Margin

Manufacturer/Exporter (Percent)

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

Haifa Chemicals Ltd.......................................... 6.82

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

The Department will instruct the Customs Service to 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 these final results of administrative reviews for

all shipments of the subject merchandise, entered, or withdrawn from

warehouse, for consumption as provided by section 751(a)(1) of the

Tariff Act: (1) The cash deposit rate for the reviewed company will be

the rate as listed; (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 these reviews, a prior review, or

the original less-than-fair-value 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) cash

deposits for all other manufacturers or exporters will be the ``all

other'' rate of 1.77 percent. This is the rate established during the

LTFV investigation.

These deposit requirements shall remain in effect until publication

of the final results of the next administrative review.

This notice also serves as a final 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 these review periods. Failure to comply with

this requirement could result in the Secretary's presumption that

reimbursement of antidumping duties occurred and subsequent assessment

of double antidumping duties.

This notice also serves as the only reminder to parties subject to

administrative protective order (APO) of their responsibilities

concerning the return or destruction of proprietary information

disclosed under APO in accordance with 19 CFR 353.34(d). Failure to

comply is a violation of the APO.

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: June 15, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-15181 Filed 6-21-94; 8:45 am]

BILLING CODE 3510-DS-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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