# Industrial Phosphoric Acid From Israel; Preliminary Results and Termination in Part of Antidumping Duty Administrative Reviews > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-5306 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** March 8, 1994 ## Text 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. ----------------------------------------------------------------------- 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 (Negev), a company that was revoked from the antidumping duty order.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 ------------------------------------------------------------------------ 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-5306. Public record. Not legal advice.