Canned Pineapple Fruit from Thailand: Preliminary Results of Antidumping Duty Administrative Review, 45695-45699 [E8-18027]
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Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Notices
Signed at Washington, DC, this 24th day of
July 2008.
David M. Spooner,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
ATTEST:
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8–18120 Filed 8–5–08; 8:45 am]
Morgan City, Louisiana (Subzone
124M), as described in the application
and Federal Register notice, and subject
to the FTZ Act and the Board’s
regulations, including Section 400.28.
Signed at Washington, DC, this 24th day of
July 2008.
David M. Spooner,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
BILLING CODE 3510–DS–P
ATTEST:
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8–18121 Filed 8–5–08; 8:45 am]
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
BILLING CODE 3510–DS–P
[Order No. 1568]
DEPARTMENT OF COMMERCE
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
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Grant of Authority for Subzone Status,
Baker Hughes, Inc., (Barite Milling),
Morgan City, LA
Materials Technical Advisory
Committee; Notice of Partially Closed
Meeting
Whereas, the Foreign-Trade Zones Act
provides for ‘‘* * * the establishment
* * * of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR Part 400) provide for the
establishment of special-purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in
significant public benefit and is in the
public interest;
Whereas, the Port of South Louisiana
Commission, grantee of Foreign-Trade
Zone 124, has made application to the
Board for authority to establish a
special-purpose subzone at the barite
milling facility of Baker Hughes, Inc.,
located in Morgan City, Louisiana (FTZ
Docket 2–2008, filed 1/28/08);
Whereas, notice inviting public
comment was given in the Federal
Register (73 FR 5175, 1/28/08); and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that approval of the application would
be in the public interest;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to barite milling at the
facility of Baker Hughes, Inc., located in
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Bureau of Industry and Security
45695
the meeting. Reservations are not
accepted. To the extent time permits,
members of the public may present oral
statements to the Committee. Written
statements may be submitted at any
time before or after the meeting.
However, to facilitate distribution of
public presentation materials to
Committee members, the materials
should be forwarded prior to the
meeting to Ms. Springer via e-mail.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on July 17, 2008,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended,
that the portion of the meeting dealing
with matters the premature disclosure of
which would likely frustrate the
implementation of a proposed agency
action as described in 5 U.S.C.
552b(c)(9)(B) shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
The Materials Technical Advisory
Committee will meet on August 14,
2008, 10 a.m., Herbert C. Hoover
Building, Room 3884, 14th Street
between Constitution & Pennsylvania
Avenues, NW., Washington, DC. The
Committee advises the Office of the
Assistant Secretary for Export
Administration with respect to technical
questions that affect the level of export
controls applicable to materials and
related technology.
Dated: August 1, 2008.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. E8–18077 Filed 8–5–08; 8:45 am]
Agenda
International Trade Administration
Public Session
1. Welcome and Introductions.
2. Remarks from the Bureau of Industry
and Security Management.
3. Report of Composite Working Group
and Chemical Equipment Subgroup.
4. Report on July 8 regulation:
Implementation of Understandings
of the Australia Group Plenary and
Additions to Lists of CWC State
Parties.
5. Public comments from teleconference
and physical attendees.
6. Any other business.
[A–549–813]
Closed Session
7. Discussion of matters determined to
be exempt from the provisions
relating to public meetings found in
5 U.S.C. app. 2 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yspringer@bis.doc.gov no later than
August 7, 2008.
A limited number of seats will be
available during the public session of
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BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Canned Pineapple Fruit from Thailand:
Preliminary Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a timely
request, the Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on canned
pineapple fruit (CPF) from Thailand for
the period of review (POR) July 1, 2006
through June 30, 2007. The review
covers one respondent, Vita Food
Factory (1989) Ltd. (Vita).
The Department preliminarily
determines that Vita made sales to the
United States at less than normal value
(NV). If these preliminary results are
adopted in the final results of this
administrative review, we will instruct
U.S. Customs and Border Protection
(CBP) to assess antidumping duties on
entries of Vita’s merchandise during the
POR. The preliminary results are listed
AGENCY:
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Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Notices
below in the section titled ‘‘Preliminary
Results of Review.’’
EFFECTIVE DATE: August 6, 2008.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Douglas Kirby, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2371 or (202) 482–
3782, respectively.
SUPPLEMENTARY INFORMATION:
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Background
The Department published the
antidumping duty order on CPF from
Thailand on July 18, 1995. See Notice of
Antidumping Duty Order and Amended
Final Determination: Canned Pineapple
Fruit from Thailand, 60 FR 36775 (July
18, 1995) (Antidumping Duty Order). On
July 3, 2007, the Department published
in the Federal Register a notice of
‘‘Opportunity to Request Administrative
Review’’ of the antidumping duty order
on CPF from Thailand. See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 72 FR 36420
(July 3, 2007). On April 21, 2008, the
Department published a revocation of
this order effective October 31, 2007.
See Canned Pineapple Fruit from
Thailand: Notice of Final Results of
Changed Circumstances Review of the
Antidumping Duty Order and
Revocation of Antidumping Duty Order,
73 FR 21311 (April 21, 2008).
The Department received a request for
review from Vita, by the July 31, 2007
deadline and therefore, on August 20,
2007, the Department published in the
Federal Register the notice of initiation
of the administrative review of the
antidumping duty order on CPF from
Thailand for Vita. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, 72 FR 48613
(August 20, 2007).
On September 13, 2007, the
Department issued sections A through E
of the questionnaire to Vita.1 Vita
1 Section A of the questionnaire requests general
information concerning a company’s corporate
structure and business practices, the merchandise
under investigation that it sells, and the manner in
which it sells that merchandise in all of its markets.
Section B requests a complete listing of all home
market sales, or, if the home market is not viable,
of sales in the most appropriate third-country
market (this section is not applicable to respondents
in non-market economy cases). Section C requests
a complete listing of U.S. sales. Section D requests
information on the cost of production of the foreign
like product and the constructed value of the
merchandise under investigation. Section E
requests information on further manufacturing.
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submitted its sections A through D
responses on October 22, 2007. The
Department issued a supplemental
questionnaire on January 8, 2008, and
Vita responded on January 18, 2008.
On March 30, 2008, the Department,
in accordance with section 751(a)(3)(A)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213(h)(2),
extended the deadline for the
preliminary results of this antidumping
duty administrative review by 120 days
from April 1, 2008 until no later than
July 30, 2008. See Canned Pineapple
Fruit from Thailand: Extension of Time
Limit for Preliminary Results of
Antidumping Duty Administrative
Review, 73 FR 12704 (March 10, 2008).
Period of Review
This review covers the period July 1,
2006 through June 30, 2007.
Scope of the Order
The product covered by this order is
CPF, defined as pineapple processed
and/or prepared into various product
forms, including rings, pieces, chunks,
tidbits, and crushed pineapple, that is
packed and cooked in metal cans with
either pineapple juice or sugar syrup
added. CPF is currently classifiable
under subheadings 2008.20.0010 and
2008.20.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS).
HTSUS 2008.20.0010 covers CPF
packed in a sugar–based syrup; HTSUS
2008.20.0090 covers CPF packed
without added sugar (i.e., juice–packed).
Although these HTSUS subheadings are
provided for convenience and for
customs purposes, the written
description of the scope is dispositive.
There have been no scope rulings for the
subject order.
Less than Fair Value Analysis
To determine whether sales of subject
merchandise to the United States were
made at less than NV, we compared the
export price (EP) to NV, as described in
the ‘‘U.S. Price’’ and ‘‘Normal Value’’
sections of this notice in accordance
with section 777A(d)(2) of the Act.
Product Comparisons
In accordance with section 771(16)(A)
of the Act, we considered all products
produced by respondents that are
covered by the description in the
‘‘Scope of the Order’’ section, above,
and that were sold in the comparison
market during the POR, to be foreign
like products for purposes of
determining appropriate product
comparisons to U.S. sales. In accordance
with sections 771(16)(B) and (C) of the
Act, where there were no sales of
identical merchandise in the
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comparison market to compare to U.S.
sales, we compared U.S. sales to the
most similar foreign like product on the
basis of the characteristics listed in
Appendix V of the Department’s
antidumping questionnaires.
Date of Sale
It is the Department’s practice to use
invoice date as the date of sale.
However, 19 CFR 351.401(i) states that
the Secretary may use a date other than
the invoice date if the Secretary is
satisfied that the material terms of the
sale were established on some other
date. See Allied Tube and Conduit Corp.
v. United States, 127 F. Supp. 2d 207,
217–219 (CIT 2000). Vita reported
invoice date as the date of sale for all
sales in both the comparison and U.S.
markets. After analyzing Vita’s
responses and the sample sales
documents provided, we preliminarily
determine that invoice date is the
appropriate date of sale for all sales
under review.
U.S. Price
In accordance with section 772(a) of
the Act, we use EP when the subject
merchandise was first sold (or agreed to
be sold) before the date of importation
by the producer or exporter of the
subject merchandise outside of the
United States to an unaffiliated
purchaser in the United States or to an
unaffiliated purchaser for exportation to
the United States, and constructed
export price (CEP) was not otherwise
warranted by the facts on the record. As
discussed below, we conclude that all of
Vita’s U.S. sales are EP sales.
Vita identified all of its U.S. sales as
EP sales in its questionnaire responses.
The Department based the price of each
of Vita’s U.S. sales of subject
merchandise on EP, as defined in
section 772(a) of the Act, because the
merchandise was sold prior to
importation, to unaffiliated purchasers
in the United States, or to unaffiliated
purchasers for exportation to the United
States and the use of CEP was not
otherwise warranted based on the facts
on the record. In accordance with
section 772 (a) and (c) of the Act, we
calculated EP using the prices Vita
charged for packed subject merchandise
shipped FOB. We made deductions for
movement expenses, including, where
applicable, charges for transportation,
terminal handling, container stuffing,
bill of lading preparation, customs
clearance, and legal and port fees
documentation. See Analysis
Memorandum for Vita Food Factory
(1989) Co., Ltd., (Vita Preliminary
Analysis Memorandum) dated
concurrently with this notice.
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Normal Value
In accordance with section
773(a)(1)(B)(i) of the Act, we have based
NV on the price at which the foreign
like product was first sold for
consumption in the comparison market,
in the usual commercial quantities, in
the ordinary course of trade, and, to the
extent practicable, at the same level of
trade (LOT) as the EP sale. See ‘‘Level
of Trade’’ section below. After testing
comparison market viability and
whether comparison market sales were
at below–cost prices, we calculated NV
for Vita as discussed in the following
sections.
Home Market Viability
In accordance with section
773(a)(1)(C) of the Act, in order to
determine whether there was a
sufficient volume of sales in the home
market to serve as a viable basis for
calculating NV (i.e., the aggregate
volume of home market sales of the
foreign like product normally should be
greater than or equal to five percent of
the aggregate volume of U.S. sales), we
compared the aggregate volume of home
market sales of the foreign like product
to the aggregate volume of its U.S. sales
of subject merchandise. See also 19 CFR
351.404(b).
Because the aggregate volume of
Vita’s home market sales of foreign like
product is less than five percent of the
aggregate volume of its U.S. sales of
subject merchandise, we based NV on
sales of the foreign like product in a
country other than Vita’s home market.
See section 773(a)(1)(B)(ii) of the Act.
Specifically, we based NV for Vita on
sales of the foreign like product in
Germany due to the fact that Vita
exported the largest amount of CPF (by
quantity) to Germany during the POR,
and did not sell merchandise more
similar to that sold to the U.S. to any
other third country market.
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Cost of Production (COP) Analysis
In the most recently completed
administrative review of the
antidumping duty order on CPF from
Thailand, the Department determined
that Vita sold foreign–like product in its
comparison market at prices below the
cost of producing the product and
excluded such sales from the
calculation of NV. See Canned
Pineapple Fruit from Thailand:
Preliminary Results of Antidumping
Duty Administrative Review, 72 FR
44490 (August 8, 2007) (11th Review
Preliminary Results) unchanged in
Canned Pineapple Fruit from Thailand:
Final Results of Antidumping Duty
Administrative Review, 73 FR 5792
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(January 31, 2008) (11th Review Final
Results). Therefore, in accordance with
section 773(b)(2)(A)(ii) of the Act, the
Department determined that there are
reasonable grounds to believe or suspect
that during the current POR, Vita sold
the foreign like product at prices below
the cost of producing the product and
instituted a below cost inquiry as to
Vita’s sales in the comparison market.
Test of Comparison Market Sales Price
We compared sales of the foreign like
product in the home market with
model–specific COP values in the POR.
In accordance with section 773(b)(3) of
the Act, we calculated COP based on the
sum of the costs of materials and
fabrication employed in producing the
foreign like product, plus selling,
general and administrative (SG&A)
expenses, and financial expenses and
packing. In our sales–below-cost
analysis, we used comparison market
sales and COP information provided by
Vita in its questionnaire responses. See
Vita’s October 22, 2007 section D
questionnaire response.
Results of COP Test
We compared the weighted–average
COPs to comparison market sales of the
foreign like–product, consistent with
section 773(b) of the Act, in order to
determine whether these sales had been
made at prices below the COP. See also
19 CFR 351.404(b). In determining
whether to disregard comparison market
sales made at prices below the COP, we
examined whether such sales were
made (1) within an extended period of
time in substantial quantities, and (2) at
prices which permitted the recovery of
all costs within a reasonable period of
time in the normal course of trade, in
accordance with sections 773(b)(1)(A)
and (B) of the Act. On a product–
specific basis, we compared the COP to
comparison market prices, less any
movement charges, discounts and
rebates, and direct and indirect selling
expenses. See Treatment of Adjustments
and Selling Expenses in Calculating the
Cost of Production (‘‘COP’’) and
Constructed Value (‘‘CV’’) Import Policy
Bulletin (March 25, 1994) on file in the
CRU, which can also be accessed
directly on the Web at https://
ia.ita.doc.gov.
Pursuant to section 773(b)(2)(C) of the
Act, where fewer than 20 percent of a
respondent’s sales of a given model
were at prices less than the COP, we did
not disregard any below–cost sales of
that model because the below–cost sales
were not made in substantial quantities
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within an extended period of time.2
Where 20 percent or more of a
respondent’s sales of a given model
were at prices less than the COP, we
disregarded the below–cost sales when:
(1) they were made in substantial
quantities within an extended period of
time, in accordance with sections
773(b)(2)(B) and (C) of the Act and; (2)
based on our comparison of prices to
average COPs in the POR, we
determined that the below–cost prices
would not permit the recovery of costs
within a reasonable period of time, in
accordance with section 773(b)(2)(D) of
the Act.
Price–to-Price Comparisons
For those product comparisons for
which there were comparison market
sales of like product in the ordinary
course of trade, we based NV on
comparison market prices to affiliated
(when made at prices determined to be
arms–length) or unaffiliated parties, in
accordance with section 773(a)(1)(A)
and (B) of the Act. We made
adjustments for differences in cost
attributable to differences in physical
characteristics of the merchandise,
pursuant to section 773(a)(6)(C)(ii) of
the Act and 19 CRF 351.411 as well as
for differences in direct selling
expenses, in accordance with
773(a)(6)(C)(iii) of the Act and 19 CFR
351.410. We relied on our model match
criteria in order to match U.S. sales of
subject merchandise to comparison
sales of the foreign like product based
on the reported physical characteristics
of the subject merchandise. Where there
were no sales of identical merchandise
in the comparison market to compare to
U.S. sales, we compared U.S. sales to
the next most similar foreign like
product on the basis of the
characteristics and reporting
instructions listed in the Department’s
questionnaire. See section 771(16) of the
Act.
When comparing Vita comparison
market sales to its EP sales, the
Department calculated Vita’s NV
(shipped FOB) based on its gross unit
price to customers in Germany.
Pursuant to section 773(a)(6)(B)(ii) of
the Act, we made deductions for
movement expenses (i.e., inland freight,
2 Section 773(b)(2)(ii)(B-C) of the Act defines
extended period of time as a period that is normally
1 year, but not less than 6 months, and substantial
quantities as sales made at prices below the cost of
production that have been made in substantial
quantities if (i) the volume of such sales represents
20 percent or more of the volume of sales under
consideration for the determination of normal
value, or (ii) the weighted average per unit price of
the sales under consideration for the determination
of normal value is less than the weighted average
per unit cost of production for such sales.
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ocean freight and warehousing), when
appropriate. In accordance with sections
773(a)(6)(A) and (B) of the Act, we
deducted comparison market packing
costs and added U.S. packing costs. In
accordance with section 773(a)(6)(C)(iii)
of the Act and 19 CFR 351.410(c), we
deducted comparison market direct
selling expenses (i.e., credit, warranty)
and added U.S. direct selling expenses.
We made the appropriate adjustment for
commissions paid in the home market
pursuant to 773(a)(6)(C)(iii) of the Act
and 19 CFR 351.410(c). We made
adjustments, in accordance with 19 CFR
351.410(e), for indirect selling expenses
incurred on comparison market or U.S.
sales where commissions were granted
on sales in one market but not in the
other, the ‘‘commission offset.’’
Specifically, where commissions are
incurred in one market, but not in the
other, we will limit the amount of such
allowance to the amount of either the
selling expenses incurred in the one
market or the commissions allowed in
the other market, whichever is less. We
made the appropriate adjustment for
commissions paid in the home market
pursuant to 773(a)(6)(C)(iii) of the Act
and 19 CFR 351.410(c).
Vita reported that it paid its customer
in the U.S. market a commission on
sales to the United States during the
POR. Based on the information on the
record, specifically that the
commissions were paid to the U.S.
customer rather than to an agent asking
on behalf of Vita, we have determined
these payments to be reductions in
price, and therefore, more appropriately
considered them as discounts.
Accordingly, we have treated them as
discounts in our calculations. See Vita
Preliminary Analysis Memorandum.
Price to Constructed Value
Comparisons
In accordance with section 773(a)(4)
of the Act, we used constructed value
(CV) as the basis for NV when we could
not determine NV because there were no
above–cost contemporaneous sales of
identical or similar merchandise in the
comparison market. We calculated CV
in accordance with section 773(e) of the
Act, including the cost of materials and
fabrication, SG&A expenses, and profit.
In accordance with section 773(e)(2)(A)
of the Act, we based SG&A expenses
and profit on the amounts incurred and
realized by the respondent in
connection with the production and sale
of the foreign like product in the
ordinary course of trade for
consumption in the comparison market.
Where NV is based on CV, we determine
the NV LOT based on the LOT of the
sales from which we derive selling
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expenses, SG&A expenses, and profit for
CV, where possible.
We used CV as the basis for NV for
sales for which there were no usable
contemporaneous sales of the foreign
like product in the comparison market,
in accordance with section 773(a)(4) of
the Act. We calculated CV in
accordance with section 773(e) of the
Act. We added reported materials, labor,
and factory overhead costs to derive the
cost of manufacture (COM), in
accordance with section 773(e)(1) of the
Act. We then added interest expenses,
SG&A expenses, profit, and U.S.
packing expenses to derive the CV (and
added U.S. credit expenses for
comparison to EP), in accordance with
sections 773(e)(2) and (3) of the Act. We
calculated profit based on the total
value of sales and total COP reported by
Vita in its questionnaire response, in
accordance with section 773(e)(2)(A) of
the Act. Finally, we deducted
comparison market credit expenses from
CV and added U.S. credit to calculate
the foreign unit price in dollars
(FUPDOL), pursuant to section
773(e)(2)(A) of the Act.
Level Of Trade
Section 773(a)(1)(B)(i) of the Act
states that, to the extent practicable, the
Department will calculate NV based on
sales at the same LOT as the EP or CEP
sale. Sales are made at different LOTs if
they are made at different marketing
stages (or their equivalent). See 19 CFR
351.412(c)(2). Substantial differences in
selling activities are a necessary, but not
sufficient condition for determining that
there is a difference in the stages of
marketing. Id.; see also Notice of Final
Determination of Sales at Less Than
Fair Value: Certain Cut–to-Length
Carbon Steel Plate From South Africa,
62 FR 61731, 61732 (November 19,
1997) (South African Plate Final). In
order to determine whether the
comparison sales were at different
stages in the marketing process than the
U.S. sales, we reviewed the distribution
system in each market (i.e., the chain of
distribution),3 including selling
functions,4 class of customer (customer
3 The marketing process in the United States and
in the comparison markets begins with the producer
and extends to the sale to the final user or
consumer. The chain of distribution between the
two may have many or few links, and the
respondents’ sales occur somewhere along this
chain. In performing this evaluation, we considered
the narrative responses of the respondent to
properly determine where in the chain of
distribution the sale occurs.
4 Selling functions associated with a particular
chain of distribution help us to evaluate the level(s)
of trade in a particular market. For purposes of
these preliminary results, we have organized the
common selling functions into four major
categories: sales process and marketing support,
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category), and the level of selling
expenses for each type of sale.
Pursuant to section 773(a)(1)(B)(i) of
the Act, in identifying levels of trade for
EP and comparison market sales (i.e.,
NV based on either home market or
third–country prices), we consider the
starting prices before any adjustments.
With respect to CEP sales, the
Department removes the selling
activities set forth in section 772(d) of
the Act from the CEP starting price prior
to performing its LOT analysis. See
Micron Technology, Inc. v. United
States, 243 F.3d 1301, 1315 (Fed. Cir.
2001). As such, for CEP sales, the U.S.
LOT is based on the starting price of the
sales, as adjusted under section 772(d)
of the Act.
When the Department is unable to
match U.S. sales to sales of the foreign
like product in the comparison market
at the same LOT as the EP or CEP sale,
the Department may compare the U.S.
sale to sales at a different LOT in the
comparison market. Vita reported that
the selling activities for its respective
comparison market and U.S. market
channels were made at the same level of
trade. After conducting an analysis of
Vita’s sales channels and selling
activities, the Department preliminarily
determines that no level of trade
adjustment is necessary for Vita,
consistent with what Vita reported in its
respective questionnaire responses. For
further details on the Department’s LOT
analysis, see Vita Preliminary Analysis
Memorandum.
Currency Conversion
In accordance with section 773A of
the Act, we made currency conversions
based on the official exchange rates in
effect on the dates of the U.S. sales as
certified by the Federal Reserve Bank of
New York. See also 19 CFR 351.415.
Preliminary Results of Review
As a result of this review, we
preliminarily find that the following
weighted–average dumping margins
exist:
Manufacturer/Exporter
Margin
Vita Food Factory (1989) Ltd. ....
2.48 %
Cash Deposits
Pursuant to section 751(d)(2) of the
Act and 19 CFR 351.222(i)(2)(i), the
Department revoked this order and
notified U.S. Customs and Border
Protection (CBP) to discontinue
suspension of liquidation and collection
of cash deposits on entries of the subject
technical service, freight and delivery, and
inventory maintenance.
E:\FR\FM\06AUN1.SGM
06AUN1
Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Notices
merchandise entered or withdrawn from
warehouse on or after October 31, 2007,
the effective date of revocation of this
AD order. See Canned Pineapple Fruit
from Thailand: Notice of Final Results
of Changed Circumstances Review of the
Antidumping Duty Order and
Revocation of Antidumping Duty Order,
73 FR 21311 (April 21, 2008). Therefore,
cash deposits of estimated antidumping
duties are no longer required.
mstockstill on PROD1PC66 with NOTICES
Duty Assessment
Upon publication of the final results
of this review, the Department shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. Pursuant to 19 CFR
351.212(b)(1), the Department calculates
an assessment rate for each importer of
the subject merchandise for each
respondent. In accordance with 19 CFR
351.212(b)(1), we will calculate
importer–specific assessment rates on
the basis of the ratio of the total amount
of antidumping duties calculated for the
examined sales and the total entered
value of the examined sales. These rates
will be assessed uniformly on all entries
of the respective importers made during
the POR if these preliminary results are
adopted in the final results of review.
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after the date of
publication of the final results of this
review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will
apply to entries of subject merchandise
during the POR produced by companies
included in the final results of review
for which the reviewed companies did
not know that the merchandise it sold
to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate if there is no rate for the
intermediary involved in the
transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
Public Comment
Pursuant to 19 CFR 351.224(b), the
Department will disclose to any party to
the proceeding the calculations
performed in connection with these
preliminary results within five days
after the date of public announcement of
this notice. Pursuant to 19 CFR 351.309,
interested parties may submit written
VerDate Aug<31>2005
16:46 Aug 05, 2008
Jkt 214001
comments in response to these
preliminary results. Unless extended by
the Department, case briefs are to be
submitted within 30 days after the date
of publication of this notice. Rebuttal
briefs, limited to arguments raised in
case briefs, may be submitted no later
than five days after the time limit for
filing case briefs. Parties who submit
arguments in this proceeding are
requested to submit with the argument:
1) a statement of the issues; 2) a brief
summary of the argument; and 3) a table
of authorities. See 19 CFR 309(c)(2).
Case and rebuttal briefs must be served
on interested parties in accordance with
19 CFR 351.303(f).
Also, pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing or to participate if one is
requested must submit a written request
to the Assistant Secretary for Import
Administration within 30 days of the
publication of this notice. Requests
should contain 1) the party’s name,
address and telephone number; 2) the
number of participants; and, 3) a list of
issues to be raised. Issues raised in the
hearing will be limited to those raised
in the respective case briefs. Unless the
Secretary specifies otherwise, the
hearing, if requested, will be held two
days after the date for submission of
rebuttal briefs. Parties will be notified of
the time and location.
The Department will issue the final
results of this administrative review
within 120 days after the publication of
this notice, unless extended. See section
751(a)(3)(A) of the Act; 19 CFR
351.213(h).
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) 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.
The preliminary results of this
administrative review and this notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: July 29, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–18027 Filed 8–5–08; 8:45 am]
BILLING CODE 3510–DS–S
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Frm 00007
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45699
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–824]
Polyethylene Terephthalate Film, Sheet
and Strip from India: Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to timely requests
for review by respondents, the
Department of Commerce (the
Department) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephtalate film, sheet
and strip (PET Film) from India for the
period of review (POR) July 1, 2006
through June 30, 2007. The review
covers one respondent, Jindal Poly Film,
Ltd. (Jindal).
The Department preliminarily
determines that Jindal did not make
sales at less than normal value (NV)
during the POR. If these preliminary
results are adopted in the final results
of this administrative review, we will
instruct U.S. Customs and Border
Protection (CBP) to liquidate entries
during the POR without regard to
antidumping duties. The preliminary
results are listed below in the section
titled ‘‘Preliminary Results of Review.’’
EFFECTIVE DATE: August 6, 2008.
FOR FURTHER INFORMATION CONTACT:
Martha Douthit, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–5050.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 1, 2002, the Department
published in the Federal Register the
antidumping duty order on PET Film
from India. See Notice of Amended
Final Antidumping Duty Determination
of Sales at Less Than Fair Value and
Antidumping Duty Order: Polyethylene
Terephthalate Film, Sheet, and Strip
from India, 67 FR 44175 (July 1, 20002).
On July 3, 2007, the Department
published in the Federal Register a
notice of ‘‘Opportunity to Request
Administrative Review.’’ See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 72 FR 36420
(July 3, 2007). On July 30, 2007, the
E:\FR\FM\06AUN1.SGM
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Agencies
[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Notices]
[Pages 45695-45699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18027]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-813]
Canned Pineapple Fruit from Thailand: Preliminary Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a timely request, the Department of Commerce
(the Department) is conducting an administrative review of the
antidumping duty order on canned pineapple fruit (CPF) from Thailand
for the period of review (POR) July 1, 2006 through June 30, 2007. The
review covers one respondent, Vita Food Factory (1989) Ltd. (Vita).
The Department preliminarily determines that Vita made sales to the
United States at less than normal value (NV). If these preliminary
results are adopted in the final results of this administrative review,
we will instruct U.S. Customs and Border Protection (CBP) to assess
antidumping duties on entries of Vita's merchandise during the POR. The
preliminary results are listed
[[Page 45696]]
below in the section titled ``Preliminary Results of Review.''
EFFECTIVE DATE: August 6, 2008.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Douglas Kirby, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2371 or (202) 482-3782, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on CPF from
Thailand on July 18, 1995. See Notice of Antidumping Duty Order and
Amended Final Determination: Canned Pineapple Fruit from Thailand, 60
FR 36775 (July 18, 1995) (Antidumping Duty Order). On July 3, 2007, the
Department published in the Federal Register a notice of ``Opportunity
to Request Administrative Review'' of the antidumping duty order on CPF
from Thailand. See Antidumping or Countervailing Duty Order, Finding,
or Suspended Investigation; Opportunity to Request Administrative
Review, 72 FR 36420 (July 3, 2007). On April 21, 2008, the Department
published a revocation of this order effective October 31, 2007. See
Canned Pineapple Fruit from Thailand: Notice of Final Results of
Changed Circumstances Review of the Antidumping Duty Order and
Revocation of Antidumping Duty Order, 73 FR 21311 (April 21, 2008).
The Department received a request for review from Vita, by the July
31, 2007 deadline and therefore, on August 20, 2007, the Department
published in the Federal Register the notice of initiation of the
administrative review of the antidumping duty order on CPF from
Thailand for Vita. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews and Requests for Revocation in Part, 72 FR
48613 (August 20, 2007).
On September 13, 2007, the Department issued sections A through E
of the questionnaire to Vita.\1\ Vita submitted its sections A through
D responses on October 22, 2007. The Department issued a supplemental
questionnaire on January 8, 2008, and Vita responded on January 18,
2008.
---------------------------------------------------------------------------
\1\ Section A of the questionnaire requests general information
concerning a company's corporate structure and business practices,
the merchandise under investigation that it sells, and the manner in
which it sells that merchandise in all of its markets. Section B
requests a complete listing of all home market sales, or, if the
home market is not viable, of sales in the most appropriate third-
country market (this section is not applicable to respondents in
non-market economy cases). Section C requests a complete listing of
U.S. sales. Section D requests information on the cost of production
of the foreign like product and the constructed value of the
merchandise under investigation. Section E requests information on
further manufacturing.
---------------------------------------------------------------------------
On March 30, 2008, the Department, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213(h)(2), extended the deadline for the preliminary results of
this antidumping duty administrative review by 120 days from April 1,
2008 until no later than July 30, 2008. See Canned Pineapple Fruit from
Thailand: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review, 73 FR 12704 (March 10, 2008).
Period of Review
This review covers the period July 1, 2006 through June 30, 2007.
Scope of the Order
The product covered by this order is CPF, defined as pineapple
processed and/or prepared into various product forms, including rings,
pieces, chunks, tidbits, and crushed pineapple, that is packed and
cooked in metal cans with either pineapple juice or sugar syrup added.
CPF is currently classifiable under subheadings 2008.20.0010 and
2008.20.0090 of the Harmonized Tariff Schedule of the United States
(HTSUS). HTSUS 2008.20.0010 covers CPF packed in a sugar-based syrup;
HTSUS 2008.20.0090 covers CPF packed without added sugar (i.e., juice-
packed). Although these HTSUS subheadings are provided for convenience
and for customs purposes, the written description of the scope is
dispositive. There have been no scope rulings for the subject order.
Less than Fair Value Analysis
To determine whether sales of subject merchandise to the United
States were made at less than NV, we compared the export price (EP) to
NV, as described in the ``U.S. Price'' and ``Normal Value'' sections of
this notice in accordance with section 777A(d)(2) of the Act.
Product Comparisons
In accordance with section 771(16)(A) of the Act, we considered all
products produced by respondents that are covered by the description in
the ``Scope of the Order'' section, above, and that were sold in the
comparison market during the POR, to be foreign like products for
purposes of determining appropriate product comparisons to U.S. sales.
In accordance with sections 771(16)(B) and (C) of the Act, where there
were no sales of identical merchandise in the comparison market to
compare to U.S. sales, we compared U.S. sales to the most similar
foreign like product on the basis of the characteristics listed in
Appendix V of the Department's antidumping questionnaires.
Date of Sale
It is the Department's practice to use invoice date as the date of
sale. However, 19 CFR 351.401(i) states that the Secretary may use a
date other than the invoice date if the Secretary is satisfied that the
material terms of the sale were established on some other date. See
Allied Tube and Conduit Corp. v. United States, 127 F. Supp. 2d 207,
217-219 (CIT 2000). Vita reported invoice date as the date of sale for
all sales in both the comparison and U.S. markets. After analyzing
Vita's responses and the sample sales documents provided, we
preliminarily determine that invoice date is the appropriate date of
sale for all sales under review.
U.S. Price
In accordance with section 772(a) of the Act, we use EP when the
subject merchandise was first sold (or agreed to be sold) before the
date of importation by the producer or exporter of the subject
merchandise outside of the United States to an unaffiliated purchaser
in the United States or to an unaffiliated purchaser for exportation to
the United States, and constructed export price (CEP) was not otherwise
warranted by the facts on the record. As discussed below, we conclude
that all of Vita's U.S. sales are EP sales.
Vita identified all of its U.S. sales as EP sales in its
questionnaire responses. The Department based the price of each of
Vita's U.S. sales of subject merchandise on EP, as defined in section
772(a) of the Act, because the merchandise was sold prior to
importation, to unaffiliated purchasers in the United States, or to
unaffiliated purchasers for exportation to the United States and the
use of CEP was not otherwise warranted based on the facts on the
record. In accordance with section 772 (a) and (c) of the Act, we
calculated EP using the prices Vita charged for packed subject
merchandise shipped FOB. We made deductions for movement expenses,
including, where applicable, charges for transportation, terminal
handling, container stuffing, bill of lading preparation, customs
clearance, and legal and port fees documentation. See Analysis
Memorandum for Vita Food Factory (1989) Co., Ltd., (Vita Preliminary
Analysis Memorandum) dated concurrently with this notice.
[[Page 45697]]
Normal Value
In accordance with section 773(a)(1)(B)(i) of the Act, we have
based NV on the price at which the foreign like product was first sold
for consumption in the comparison market, in the usual commercial
quantities, in the ordinary course of trade, and, to the extent
practicable, at the same level of trade (LOT) as the EP sale. See
``Level of Trade'' section below. After testing comparison market
viability and whether comparison market sales were at below-cost
prices, we calculated NV for Vita as discussed in the following
sections.
Home Market Viability
In accordance with section 773(a)(1)(C) of the Act, in order to
determine whether there was a sufficient volume of sales in the home
market to serve as a viable basis for calculating NV (i.e., the
aggregate volume of home market sales of the foreign like product
normally should be greater than or equal to five percent of the
aggregate volume of U.S. sales), we compared the aggregate volume of
home market sales of the foreign like product to the aggregate volume
of its U.S. sales of subject merchandise. See also 19 CFR 351.404(b).
Because the aggregate volume of Vita's home market sales of foreign
like product is less than five percent of the aggregate volume of its
U.S. sales of subject merchandise, we based NV on sales of the foreign
like product in a country other than Vita's home market. See section
773(a)(1)(B)(ii) of the Act. Specifically, we based NV for Vita on
sales of the foreign like product in Germany due to the fact that Vita
exported the largest amount of CPF (by quantity) to Germany during the
POR, and did not sell merchandise more similar to that sold to the U.S.
to any other third country market.
Cost of Production (COP) Analysis
In the most recently completed administrative review of the
antidumping duty order on CPF from Thailand, the Department determined
that Vita sold foreign-like product in its comparison market at prices
below the cost of producing the product and excluded such sales from
the calculation of NV. See Canned Pineapple Fruit from Thailand:
Preliminary Results of Antidumping Duty Administrative Review, 72 FR
44490 (August 8, 2007) (11\th\ Review Preliminary Results) unchanged in
Canned Pineapple Fruit from Thailand: Final Results of Antidumping Duty
Administrative Review, 73 FR 5792 (January 31, 2008) (11\th\ Review
Final Results). Therefore, in accordance with section 773(b)(2)(A)(ii)
of the Act, the Department determined that there are reasonable grounds
to believe or suspect that during the current POR, Vita sold the
foreign like product at prices below the cost of producing the product
and instituted a below cost inquiry as to Vita's sales in the
comparison market.
Test of Comparison Market Sales Price
We compared sales of the foreign like product in the home market
with model-specific COP values in the POR. In accordance with section
773(b)(3) of the Act, we calculated COP based on the sum of the costs
of materials and fabrication employed in producing the foreign like
product, plus selling, general and administrative (SG&A) expenses, and
financial expenses and packing. In our sales-below-cost analysis, we
used comparison market sales and COP information provided by Vita in
its questionnaire responses. See Vita's October 22, 2007 section D
questionnaire response.
Results of COP Test
We compared the weighted-average COPs to comparison market sales of
the foreign like-product, consistent with section 773(b) of the Act, in
order to determine whether these sales had been made at prices below
the COP. See also 19 CFR 351.404(b). In determining whether to
disregard comparison market sales made at prices below the COP, we
examined whether such sales were made (1) within an extended period of
time in substantial quantities, and (2) at prices which permitted the
recovery of all costs within a reasonable period of time in the normal
course of trade, in accordance with sections 773(b)(1)(A) and (B) of
the Act. On a product-specific basis, we compared the COP to comparison
market prices, less any movement charges, discounts and rebates, and
direct and indirect selling expenses. See Treatment of Adjustments and
Selling Expenses in Calculating the Cost of Production (``COP'') and
Constructed Value (``CV'') Import Policy Bulletin (March 25, 1994) on
file in the CRU, which can also be accessed directly on the Web at
https://ia.ita.doc.gov.
Pursuant to section 773(b)(2)(C) of the Act, where fewer than 20
percent of a respondent's sales of a given model were at prices less
than the COP, we did not disregard any below-cost sales of that model
because the below-cost sales were not made in substantial quantities
within an extended period of time.\2\ Where 20 percent or more of a
respondent's sales of a given model were at prices less than the COP,
we disregarded the below-cost sales when: (1) they were made in
substantial quantities within an extended period of time, in accordance
with sections 773(b)(2)(B) and (C) of the Act and; (2) based on our
comparison of prices to average COPs in the POR, we determined that the
below-cost prices would not permit the recovery of costs within a
reasonable period of time, in accordance with section 773(b)(2)(D) of
the Act.
---------------------------------------------------------------------------
\2\ Section 773(b)(2)(ii)(B-C) of the Act defines extended
period of time as a period that is normally 1 year, but not less
than 6 months, and substantial quantities as sales made at prices
below the cost of production that have been made in substantial
quantities if (i) the volume of such sales represents 20 percent or
more of the volume of sales under consideration for the
determination of normal value, or (ii) the weighted average per unit
price of the sales under consideration for the determination of
normal value is less than the weighted average per unit cost of
production for such sales.
---------------------------------------------------------------------------
Price-to-Price Comparisons
For those product comparisons for which there were comparison
market sales of like product in the ordinary course of trade, we based
NV on comparison market prices to affiliated (when made at prices
determined to be arms-length) or unaffiliated parties, in accordance
with section 773(a)(1)(A) and (B) of the Act. We made adjustments for
differences in cost attributable to differences in physical
characteristics of the merchandise, pursuant to section
773(a)(6)(C)(ii) of the Act and 19 CRF 351.411 as well as for
differences in direct selling expenses, in accordance with
773(a)(6)(C)(iii) of the Act and 19 CFR 351.410. We relied on our model
match criteria in order to match U.S. sales of subject merchandise to
comparison sales of the foreign like product based on the reported
physical characteristics of the subject merchandise. Where there were
no sales of identical merchandise in the comparison market to compare
to U.S. sales, we compared U.S. sales to the next most similar foreign
like product on the basis of the characteristics and reporting
instructions listed in the Department's questionnaire. See section
771(16) of the Act.
When comparing Vita comparison market sales to its EP sales, the
Department calculated Vita's NV (shipped FOB) based on its gross unit
price to customers in Germany. Pursuant to section 773(a)(6)(B)(ii) of
the Act, we made deductions for movement expenses (i.e., inland
freight,
[[Page 45698]]
ocean freight and warehousing), when appropriate. In accordance with
sections 773(a)(6)(A) and (B) of the Act, we deducted comparison market
packing costs and added U.S. packing costs. In accordance with section
773(a)(6)(C)(iii) of the Act and 19 CFR 351.410(c), we deducted
comparison market direct selling expenses (i.e., credit, warranty) and
added U.S. direct selling expenses. We made the appropriate adjustment
for commissions paid in the home market pursuant to 773(a)(6)(C)(iii)
of the Act and 19 CFR 351.410(c). We made adjustments, in accordance
with 19 CFR 351.410(e), for indirect selling expenses incurred on
comparison market or U.S. sales where commissions were granted on sales
in one market but not in the other, the ``commission offset.''
Specifically, where commissions are incurred in one market, but not in
the other, we will limit the amount of such allowance to the amount of
either the selling expenses incurred in the one market or the
commissions allowed in the other market, whichever is less. We made the
appropriate adjustment for commissions paid in the home market pursuant
to 773(a)(6)(C)(iii) of the Act and 19 CFR 351.410(c).
Vita reported that it paid its customer in the U.S. market a
commission on sales to the United States during the POR. Based on the
information on the record, specifically that the commissions were paid
to the U.S. customer rather than to an agent asking on behalf of Vita,
we have determined these payments to be reductions in price, and
therefore, more appropriately considered them as discounts.
Accordingly, we have treated them as discounts in our calculations. See
Vita Preliminary Analysis Memorandum.
Price to Constructed Value Comparisons
In accordance with section 773(a)(4) of the Act, we used
constructed value (CV) as the basis for NV when we could not determine
NV because there were no above-cost contemporaneous sales of identical
or similar merchandise in the comparison market. We calculated CV in
accordance with section 773(e) of the Act, including the cost of
materials and fabrication, SG&A expenses, and profit. In accordance
with section 773(e)(2)(A) of the Act, we based SG&A expenses and profit
on the amounts incurred and realized by the respondent in connection
with the production and sale of the foreign like product in the
ordinary course of trade for consumption in the comparison market.
Where NV is based on CV, we determine the NV LOT based on the LOT of
the sales from which we derive selling expenses, SG&A expenses, and
profit for CV, where possible.
We used CV as the basis for NV for sales for which there were no
usable contemporaneous sales of the foreign like product in the
comparison market, in accordance with section 773(a)(4) of the Act. We
calculated CV in accordance with section 773(e) of the Act. We added
reported materials, labor, and factory overhead costs to derive the
cost of manufacture (COM), in accordance with section 773(e)(1) of the
Act. We then added interest expenses, SG&A expenses, profit, and U.S.
packing expenses to derive the CV (and added U.S. credit expenses for
comparison to EP), in accordance with sections 773(e)(2) and (3) of the
Act. We calculated profit based on the total value of sales and total
COP reported by Vita in its questionnaire response, in accordance with
section 773(e)(2)(A) of the Act. Finally, we deducted comparison market
credit expenses from CV and added U.S. credit to calculate the foreign
unit price in dollars (FUPDOL), pursuant to section 773(e)(2)(A) of the
Act.
Level Of Trade
Section 773(a)(1)(B)(i) of the Act states that, to the extent
practicable, the Department will calculate NV based on sales at the
same LOT as the EP or CEP sale. Sales are made at different LOTs if
they are made at different marketing stages (or their equivalent). See
19 CFR 351.412(c)(2). Substantial differences in selling activities are
a necessary, but not sufficient condition for determining that there is
a difference in the stages of marketing. Id.; see also Notice of Final
Determination of Sales at Less Than Fair Value: Certain Cut-to-Length
Carbon Steel Plate From South Africa, 62 FR 61731, 61732 (November 19,
1997) (South African Plate Final). In order to determine whether the
comparison sales were at different stages in the marketing process than
the U.S. sales, we reviewed the distribution system in each market
(i.e., the chain of distribution),\3\ including selling functions,\4\
class of customer (customer category), and the level of selling
expenses for each type of sale.
---------------------------------------------------------------------------
\3\ The marketing process in the United States and in the
comparison markets begins with the producer and extends to the sale
to the final user or consumer. The chain of distribution between the
two may have many or few links, and the respondents' sales occur
somewhere along this chain. In performing this evaluation, we
considered the narrative responses of the respondent to properly
determine where in the chain of distribution the sale occurs.
\4\ Selling functions associated with a particular chain of
distribution help us to evaluate the level(s) of trade in a
particular market. For purposes of these preliminary results, we
have organized the common selling functions into four major
categories: sales process and marketing support, technical service,
freight and delivery, and inventory maintenance.
---------------------------------------------------------------------------
Pursuant to section 773(a)(1)(B)(i) of the Act, in identifying
levels of trade for EP and comparison market sales (i.e., NV based on
either home market or third-country prices), we consider the starting
prices before any adjustments. With respect to CEP sales, the
Department removes the selling activities set forth in section 772(d)
of the Act from the CEP starting price prior to performing its LOT
analysis. See Micron Technology, Inc. v. United States, 243 F.3d 1301,
1315 (Fed. Cir. 2001). As such, for CEP sales, the U.S. LOT is based on
the starting price of the sales, as adjusted under section 772(d) of
the Act.
When the Department is unable to match U.S. sales to sales of the
foreign like product in the comparison market at the same LOT as the EP
or CEP sale, the Department may compare the U.S. sale to sales at a
different LOT in the comparison market. Vita reported that the selling
activities for its respective comparison market and U.S. market
channels were made at the same level of trade. After conducting an
analysis of Vita's sales channels and selling activities, the
Department preliminarily determines that no level of trade adjustment
is necessary for Vita, consistent with what Vita reported in its
respective questionnaire responses. For further details on the
Department's LOT analysis, see Vita Preliminary Analysis Memorandum.
Currency Conversion
In accordance with section 773A of the Act, we made currency
conversions based on the official exchange rates in effect on the dates
of the U.S. sales as certified by the Federal Reserve Bank of New York.
See also 19 CFR 351.415.
Preliminary Results of Review
As a result of this review, we preliminarily find that the
following weighted-average dumping margins exist:
------------------------------------------------------------------------
Manufacturer/Exporter Margin
------------------------------------------------------------------------
Vita Food Factory (1989) Ltd................................ 2.48 %
------------------------------------------------------------------------
Cash Deposits
Pursuant to section 751(d)(2) of the Act and 19 CFR
351.222(i)(2)(i), the Department revoked this order and notified U.S.
Customs and Border Protection (CBP) to discontinue suspension of
liquidation and collection of cash deposits on entries of the subject
[[Page 45699]]
merchandise entered or withdrawn from warehouse on or after October 31,
2007, the effective date of revocation of this AD order. See Canned
Pineapple Fruit from Thailand: Notice of Final Results of Changed
Circumstances Review of the Antidumping Duty Order and Revocation of
Antidumping Duty Order, 73 FR 21311 (April 21, 2008). Therefore, cash
deposits of estimated antidumping duties are no longer required.
Duty Assessment
Upon publication of the final results of this review, the
Department shall determine, and CBP shall assess, antidumping duties on
all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), the
Department calculates an assessment rate for each importer of the
subject merchandise for each respondent. In accordance with 19 CFR
351.212(b)(1), we will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of antidumping duties
calculated for the examined sales and the total entered value of the
examined sales. These rates will be assessed uniformly on all entries
of the respective importers made during the POR if these preliminary
results are adopted in the final results of review. The Department
intends to issue appropriate assessment instructions directly to CBP 15
days after the date of publication of the final results of this review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by companies included in the final
results of review for which the reviewed companies did not know that
the merchandise it sold to the intermediary (e.g., a reseller, trading
company, or exporter) was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediary involved in
the transaction. See Assessment Policy Notice for a full discussion of
this clarification.
Public Comment
Pursuant to 19 CFR 351.224(b), the Department will disclose to any
party to the proceeding the calculations performed in connection with
these preliminary results within five days after the date of public
announcement of this notice. Pursuant to 19 CFR 351.309, interested
parties may submit written comments in response to these preliminary
results. Unless extended by the Department, case briefs are to be
submitted within 30 days after the date of publication of this notice.
Rebuttal briefs, limited to arguments raised in case briefs, may be
submitted no later than five days after the time limit for filing case
briefs. Parties who submit arguments in this proceeding are requested
to submit with the argument: 1) a statement of the issues; 2) a brief
summary of the argument; and 3) a table of authorities. See 19 CFR
309(c)(2). Case and rebuttal briefs must be served on interested
parties in accordance with 19 CFR 351.303(f).
Also, pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing or to participate if one is requested must submit a
written request to the Assistant Secretary for Import Administration
within 30 days of the publication of this notice. Requests should
contain 1) the party's name, address and telephone number; 2) the
number of participants; and, 3) a list of issues to be raised. Issues
raised in the hearing will be limited to those raised in the respective
case briefs. Unless the Secretary specifies otherwise, the hearing, if
requested, will be held two days after the date for submission of
rebuttal briefs. Parties will be notified of the time and location.
The Department will issue the final results of this administrative
review within 120 days after the publication of this notice, unless
extended. See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) 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.
The preliminary results of this administrative review and this
notice are issued and published in accordance with sections 751(a)(1)
and 777(i)(1) of the Act.
Dated: July 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18027 Filed 8-5-08; 8:45 am]
BILLING CODE 3510-DS-S