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

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.

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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(Negev), a company that was revoked from the antidumping duty order.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

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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