Industrial Phosphoric Acid From Belgium; Final Results of Antidumping Duty Administrative Review

Federal RegisterAug 1, 1997

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-602]

Industrial Phosphoric Acid From Belgium; Final Results of

Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative

review.

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SUMMARY: On June 6, 1997, the Department of Commerce (the Department)

published the preliminary results of review of the antidumping duty

order on industrial phosphoric acid (IPA) from Belgium (52 FR 31439;

August 20, 1987). The review covers one manufacturer, Societe Chimique

Prayon-Rupel (Prayon), and exports of the subject merchandise to the

United States during the period August 1, 1995, through July 31, 1996.

We gave interested parties an opportunity to comment on the

preliminary results of review. Since we did not receive any comments,

we have not changed our analysis for the final results from that

presented in the preliminary results of review.

EFFECTIVE DATE: August 1, 1997.

FOR FURTHER INFORMATION CONTACT: David Genovese, Import Administration,

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

Street and Constitution Avenue, N.W., Washington, D.C. 20230,

telephone: (202) 482-4697.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act) by the

Uruguay Round Agreements Act (URAA). In addition, unless otherwise

indicated, all citations to the Department's regulations are to 19 CFR

part 353 (1997).

Background

On August 30, 1996, FMC Corporation and Albright & Wilson Americas,

two domestic producers of IPA, requested an administrative review of

the antidumping duty order on IPA from Belgium with regard to Prayon.

The Department initiated the review on September 17, 1996 (61 FR

48882), covering the period August 1, 1995, through July 31, 1996. On

June 6, 1997, the Department published the preliminary results of

review (62 FR 31073). The Department has now completed this review in

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

Act).

Scope of the Review

The products covered by this review include shipments of IPA from

Belgium. This merchandise is currently classifiable under the

Harmonized Tariff Schedule (HTS) item number 2809.20. The HTS item

number is provided for convenience and U.S. Customs purposes. The

written description remains dispositive.

Final Results of Review

We gave interested parties an opportunity to comment on the

preliminary results. The Department received no comments. Accordingly,

we have determined that a margin of 8.54 percent exists for Prayon for

the period August 1, 1995, through July 31, 1996. The Department will

issue appraisement instructions directly to the U.S. Customs Service.

The following 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 these

final results of administrative review, as provided by section

751(a)(1) of the Act: (1) The cash deposit rate for Prayon will be 8.54

percent; (2) for merchandise exported by manufacturers or exporters not

covered in this review but covered in a previous review or the original

less-than-fair-value (LTFV) investigation, the cash deposit rate will

continue to be the rate published in the most recent final results or

determination for which the manufacturer or exporter received a

company-specific rate; (3) if the exporter is not a firm covered in

this review, earlier reviews, or the original investigation, but the

manufacturer is, the cash deposit rate will be that established for the

manufacturer of the merchandise in these final results of review,

earlier reviews, or the original investigation, whichever is the most

recent; and (4) the ``all others'' rate, as established in the original

investigation, will be 14.67 percent.

These deposit requirements, when imposed, 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 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 notice also serves as a reminder to parties subject to

administrative protective orders (APOs) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.34(d). Timely written 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 administrative review 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: July 25, 1997.

Jeffrey P. Bialos,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-20382 Filed 7-31-97; 8:45 am]

BILLING CODE 3510-DS-P

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