Acetylsalicyclic Acid From Turkey; Preliminary Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-602]

Acetylsalicyclic Acid From Turkey; Preliminary Results of

Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

SUMMARY: In response to a request by Atabay Kimya Sanayi ve Ticaret

A.S., a producer and exporter of subject merchandise to the United

States, the Department of Commerce is conducting an administrative

review of the antidumping duty order on acetylsalicylic acid from

Turkey. This review covers one manufacturer/exporter of the subject

merchandise to the United States during the period of review August 1,

1996 through July 31, 1997.

We preliminarily determine that the respondent has not made sales

below normal value. If these preliminary results are adopted in the

final results, we will instruct the Customs Service not to assess

antidumping duties on the subject merchandise exported by this company.

We invite interested parties to comment on these preliminary

results. Parties who submit comments in this proceeding are requested

to submit with the comments: (1) A statement of the issue and (2) a

brief summary of the argument.

EFFECTIVE DATE: April 30, 1998.

FOR FURTHER INFORMATION CONTACT: Lisa Tomlinson, David Dirstine, or

Richard Rimlinger, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)

482-0090, (202) 482-4033, or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act), are references to the provisions effective

January 1, 1995, the effective date of the amendments made to the Act

by the Uruguay Rounds Agreements Act (URAA). The Department of Commerce

(the Department) is conducting this administrative review in accordance

with section 751 of the Act. In addition, unless otherwise indicted,

all citations to the Department's regulations are to the regulations

published on May 19, 1997 (62 FR 27296).

[[Page 23721]]

Background

On August 25, 1987, the Department published in the Federal

Register (52 FR 32030) an antidumping duty order on acetylsalicylic

acid from Turkey. On August 29, 1997, Atabay Kimya Sanayi ve Ticaret

A.S. (AKS), a Turkish manufacturer/exporter of the subject merchandise,

requested, in accordance with Sec. 351.213(b)(2) of our regulations,

that we conduct an administrative review for the period August 1, 1996

through July 31, 1997. AKS was the only party to request an

administrative review for this period. We published the notice of

initiation on September 25, 1997 (62 FR 50292).

Scope of Review

The product covered by this review is acetylsalicylic acid

(aspirin) containing no additives, other than inactive substances (such

as starch, lactose, cellulose, or coloring material), and/or active

substances in concentrations less than that specified for particular

non-prescription drug combinations of aspirin and active substances as

published in the Handbook of Non-Prescription Drugs, eighth edition,

American Pharmaceutical Association, and is not in tablet, capsule or

similar forms for direct human consumption. This product is currently

classified under the Harmonized Tariff Schedule (HTS) subheading

2918.22.10. The HTS item number is provided for convenience and customs

purposes. The written descriptions of the scope of this proceeding

remains dispositive.

Normal Value Comparison

We compared the export price (EP) to the normal value (NV), as

described in the Export Price and Normal Value sections of this notice.

Because Turkey's economy experienced high inflation during the period

of review (over 50 percent), we limited our comparisons to home market

(HM) sales made during the same month in which the U.S. sale occurred

and did not apply our standard 90/60-day contemporaneity guideline.

This methodology minimizes the extent to which calculated dumping

margins are overstated or understated due solely to price inflation

that occurred in the intervening time period between the U.S. and HM

sales. We compared products sold in the U.S. and home markets that were

identical in materials, applications, standards and production

processes.

Export Price

AKS sold subject merchandise directly to the first unaffiliated

purchaser in the United States prior to importation and the constructed

export price methodology was not warranted based on the facts of the

record. Accordingly, we used EP as defined in section 772(a) of the Act

for the price to the United States. We calculated EP based on the

packed, C&F New York price to unaffiliated purchasers in the United

States. We deducted from the gross unit price an amount for

international freight in accordance with section 772(c)(2)(A) of the

Act.

Normal Value

Based on a comparison of the aggregate quantity of HM and U.S.

sales, we determined that the quantity of foreign-like product sold by

AKS in the HM was sufficient to permit a proper comparison with the

sales of the subject merchandise to the United States pursuant to

section 773(a)(1) of the Act. HM prices were based on the packed,

delivered prices to unaffiliated purchasers. We made adjustments for

movement expenses in accordance with section 773(a)(6)(B)(ii) of the

Act. In accordance with sections 773(a)(6)(A) and (B)(i) of the Act, we

deducted HM packing costs and added U.S. packing costs. We adjusted for

differences in the circumstances of sale (specifically, imputed credit)

in accordance with section 773(a)(6)(c)(iii) of the Act. AKS reported

transactions with affiliates during the POR. Since these sales were not

contemporaneous with the sales made to the United States, we excluded

these sales from our analysis and relied on sales AKS made to

unaffiliated parties. We based NV on sales at the same level of trade

(LOT) as the EP.

Level of Trade

As set forth in section 773(a)(1)(B) of the Act, to the extent

practicable, we calculate NV based on sales in the comparison market at

the same level of trade as the U.S. sale. In both the U.S. and home

markets, AKS has one chain of distribution and sells acetylsalicylic

acid in only one customer category. We observed no differences between

the two markets in the selling functions provided by AKS. Thus, we

determined NV for sales at the same LOT as the U.S. sales and made no

LOT adjustment.

Currency Conversion

Because this proceeding involves an economy experiencing high

inflation, we limited our comparison of U.S. and HM sales to those

occurring in the same month and only used daily exchange rates. (See

Certain Welded Carbon Steel Pipe and Tube from Turkey: Preliminary

Results of Antidumping Duty Administrative Review, 63 FR 6155 (February

6, 1998).)

The Department's preferred source for daily exchange rates is the

Federal Reserve Bank. The Federal Reserve Bank, however, does not track

or publish exchange rates for the Turkish lira. Therefore, we made

currency conversions based on the daily exchange rates from the Dow

Jones Service, as published in the Wall Street Journal.

Preliminary Results of Review

As a result of our review, we preliminarily determine that the

weighted-average dumping margin is as follows:

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

Margin

Manufacturer/exporter (percent)

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

Atabay Kimya Sanayi ve Ticaret A.S......................... 0.00

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

Parties to the proceeding may request disclosure within 5 days of

the date of publication of this notice. Any interested party may

request a hearing within 30 days of publication. Any hearing, if

requested, will be held 44 days after the date of publication, or the

first workday thereafter. Issues raised in the hearing will be limited

to those raised in the case briefs. Case briefs from interested parties

may be submitted not later than 30 days from the date of publication of

this notice in the Federal Register; rebuttal briefs may be submitted

no later than five days thereafter. Rebuttal briefs are limited to the

issues raised in the case briefs.

The Department will publish the final results of this

administrative review, including the results of its analysis of issues

raised in any such written briefs or hearings. The Department will

issue final results of this review within 120 days of publication of

these preliminary results.

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. If these

preliminary results are adopted in our final results, we will instruct

the Customs Service not to assess antidumping duties on the merchandise

subject to review. Upon completion of this review, the Department will

issue appraisement instructions directly to the Customs Service.

Furthermore, 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 the

final results of this administrative review, as provided for by section

751(a)(2)(c) of the Tariff Act: (1) The cash deposit rate for AKS

[[Page 23722]]

will be the rate established in the final results of this review,

except if the rate is less than 0.5 percent and therefore de minimis,

the cash deposit will be zero; (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 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)

if neither the exporter nor the manufacturer is a firm covered in this

review, the cash deposit rate will be 32.98 percent. This is the ``All

Others'' rate from the LTFV investigation. (See Antidumping Duty Order;

Acetylsalicylic Acid from Turkey, 52 FR 32030 (August 25, 1987).) These

deposit rates, when imposed, shall remain in effect until publication

of the final results of the next administrative review.

This notice also serves as a preliminary reminder to importers of

their responsibility under Sec. 351.402(f)(2) of the Department's

regulations 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 Department's presumption that reimbursement of

antidumping duties occurred and the subsequent assessment of double

antidumping duties.

This administrative review and notice are in accordance with

section 751(a)(1) of the Act and Sec. 351.213 of the Department's

regulations.

Dated: April 22, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-11434 Filed 4-29-98; 8:45 am]

BILLING CODE 3510-DS-P